HomeMy WebLinkAbout20101990.tiff RESOLUTION
RE: APPROVE PURCHASE OF SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN
- UNITED WAY OF WELD COUNTY
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,the Board has been presented with a Purchase of Services Agreement between
the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, on behalf of the Department of Human Services, and United Way of Weld County,
commencing August 30, 2010, and ending June 30, 2011, with further terms and conditions being
as stated in said agreements, and
WHEREAS,after review,the Board deems it advisable to approve said agreement,a copy of
which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Purchase of Services Agreement between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Department of Human Services, and United Way of Weld County be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 30th day of August, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
WELD COUN DO
ATTEST: � �; _%tro',a• '��
/ Y ougla Rademac er, air
Weld County Clerk to%
�
`-k� arbara Kirkmeyer ro-Tem
BY:/.�. ' ,�. '�'►. .� /�
D-puty Cler tot e Boar. C/
Sean P. w
APP�ED AS T RM:
Garcia
,ounty Attorney c�
David E. Long
Date of signature: (Syd(x)
LC._ . !AS D 2010-1990
HR0081
C11-3-16
MEMORANDUM
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fiti
\ DATE: August 26, 2010
ITO: Douglas Rademacher, Chair, Board of County Corn �ssi ers
FROM: Judy A. Griego, Director, Human Services eartluRe` J JJ
COLORADO RE: Purchase of Services Agreement between the Weld County
Department of Human Services and United Way of Weld
County
Enclosed for Board approval is the Purchase of Services Agreement between the Department and
United Way of Weld County. This Agreement was presented at the Board's June 29, 2010, Work
Session.
United Way agrees to be the fiscal agent to assist the Foster Parent Association by purchasing the
commodities on their behalf. The members of the Association would pay for the commodities to
reimburse United Way on an ongoing basis as reimbursement for actual food purchased.
The Board agreed to provide $2,000.00 in County General Fund monies to United Way. This
amount will be refundable to the Board upon termination of this Agreement. The term of this
Agreement shall be upon execution of this Agreement through June 30, 2011.
If you have questions, please give me a call at extension 6510.
2010-1990
PURCHASE OF SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this .5('—day of 2010, by and
between the Weld County Department of Human Services, hereinafter refe "Weld County",
and United Way of Weld County, hereinafter referred to as "United Way".
WITNESSETH:
WHEREAS, Weld County utilizes the services of many adults who act as foster parents for
Weld County children who are placed outside of their homes, and
WHEREAS, although these foster parents receive some financial assistance to assist in their
care of the children for whom they care, this financial assistance is often not sufficient to meet the
needs of the children, and
WHEREAS, foster parents are not eligible for many of the programs which would allow them
to access community food resources for the children in their care at discounted prices, and
WHEREAS, because Weld County values the services which foster parents provide to foster
children and desires to provide what economic assistance it is permitted to provide, and
WHEREAS, United Way sponsors various funds designed to support valuable and important
services provided to the citizens of Weld County and considers the services provided by Weld County
foster parents to at risk children to be worthy of its support, and
WHEREAS, Weld County and United Way have the joint ability to create a fund which may be
used by foster parents in Weld County to acquire food from the Weld County Food Bank, (hereinafter
referred to as "Food Bank"), and both desire to create and operate that fund,
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the
parties hereto agree as follows:
1. TERM: The term of this Agreement shall be from the execution of this Agreement through
June 30, 2011. This Agreement may be renewed by Weld County if it provides written notice to
renew to United Way on or before the first day of June, 2011, and each year thereafter. The term
of renewal will commence July 1, 2011, and extend through June 30, 2012, and annually
thereafter.
2. SERVICES PROVIDED BY UNITED WAY: United Way agrees to assist and report directly
to DHS in its creation and operation of a fund, to be designated the "Weld County Foster
Parents Food Resources Fund" (hereinafter referred to as the Fund), and shall assume the
following responsibilities therefore:
A. United Way shall accept a fully refundable deposit from Weld County of Two Thousand
and no/100 Dollars ($2000.00);
B. United Way shall use those funds to provide food assistance and access to the Weld
Food Bank for Weld County foster children.
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C. United Way shall accept funds, contributions and payments as reimbursement from
Weld County foster parents each time it makes a payment to the Food Bank for the foster
parent(s) who have accessed food from the County Food Bank to ensure that a positive balance
is maintained.
D. United Way shall provide accounting services reflecting all account activities including
payments to the County Food Bank, payments to and donations received by this fund; these
accounting services shall be provided to her fund and to Weld County at no cost.
E. Upon the termination of this Agreement, United Way shall return Weld County's Two
Thousand and No/100 Dollar($2,000.00) investment in the Fund.
3. SERVICES PROVIDED BY WELD COUNTY:
A. Weld County shall invest Two Thousand and No/100 Dollar ($2,000.00) in the Fund,
which amount shall be refunded to Weld County at the termination of this Agreement, or earlier,
upon agreement of the parties.
B. In the event a foster parent fails to reimburse the fund for accessing food from the Food
Bank, Weld County shall initiate a process to collect the funds required for repayment and as
needed to assure a positive balance in the fund.
4. TERMINATION: Either party may terminate this Agreement at any time by providing the
other party with a 30-day written notice thereof. Furthermore, this Agreement may be
terminated at any time without notice upon a material breach of the terms of the Agreement.
5. TIME OF THE ESSENCE: Time is of the essence in each and all of the provisions of this
Agreement.
6. ENTIRE AGREEMENT/MODIFICATIONS: This Agreement constitutes the entire
understanding between the parties with respect to the promises and covenants made therein. No
modification of the terms of this Agreement shall be valid unless made in writing and agreed to
by both parties.
7. NON-APPROPRIATION: No portion of this Agreement shall be deemed to create an
obligation on the part of Weld County to expend funds not otherwise appropriated under this
Agreement.
8. NO WAIVER OF IMMUNITIES: No term or condition of this contract shall be construed or
interpreted as a waiver, express or implied, of any of the immunities, rights, benefits,
protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et
seq., as applicable now or hereafter amended.
9. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. C.R.S. &V4-18-201
et seq. and 424-50-507: The signatories to this Agreement aver that to their knowledge, no
employee of Weld County has any personal or beneficial interest whatsoever in the service or
property which is the subject matter of this Agreement. United Way has no interest and shall not
acquire any interest direct or indirect, which would in any manner or degree interfere with the
performance of United Way's services and United Way shall not employ any person having
such known interests. During the term of this Agreement, United Way shall not engage in any
business or personal activities or practices or maintain any relationships which actually conflict
with or in any way appear to conflict with the full performance of its obligations under this
Agreement. Failure by United Way to ensure compliance with this provision may result, in
Weld County's sole discretion, in immediate termination of this Agreement.
10. NO THIRD PARTY BENEFICIARY: It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action relating to
such enforcement, shall be strictly reserved to the undersigned parties and nothing in this
Agreement shall give or allow any claim or right of action whatsoever by any other person not
included in this Agreement. It is the express intention of the undersigned parties that any
individual or entity other than the undersigned parties receiving services or benefits under this
Agreement shall be an incidental beneficiary only.
11. ATTORNEYS FEES/LEGAL COSTS: In the event of a dispute between DHS/Weld County
and United Way, concerning this Agreement, the parties agree that DHS/Weld County shall not
be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on
behalf of United Way.
12. COMPLIANCE WITH LAW: The parties to this Agreement agree that each will comply
with all federal and State laws, rules and regulations in effect or hereafter established, including
without limitation, laws applicable to discrimination and unfair employment practices.
IN WITNESS WHEREOF, the parties hereto have signed the date and year set forth above.
UNITED WAY OF WELD COUNTY WELD COUNTY DEPARTMENT
OF HUMAN SERVICES
BY:
Jea ine Truswell, Exec. Director J A. Gri go, Di7 for
COUNTY:
ATTEST: f BOARD OF COUNTY COMMISSIONERS
Weld County Cler I is.,41/,,c WELD COUNTY, COLORADO
BY �. t �� y + - BY.
Deputy C erk to the Board ou as Radejnacher, Chair
AUG 3 0 2010
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