HomeMy WebLinkAbout941136.tiff RESOLUTION
RE: APPROVE PURCHASE OF SERVICES AGREEMENT BETWEEN HUMAN SERVICES
WELD FOOD BANK AND AUTHORIZE CHAIRMAN TO SIGN
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 Weld County Division of Human Services, and
the Weld Food Bank, commencing November 16, 1994, and ending November 16, 1995, with
further terms and conditions being as stated in said agreement, 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
Weld County Division of Human Services, and the Weld Food Bank be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman 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 16th day of November, A.D., 1994.
WBOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld County Clerk to the Board EXCUSED
W. H. Webster, Chairman
BY: /�tC hits_ ' EXCUSED
Deputy CS*to the Board Dale . Hall, Pro-T7
APPROVED AS TO FORM:
George/Baxter
�!? e 2. jYYa
/ County Attorney Constance L. Harbert /J
/tLz CUSED DATE OF SIGNING° (AYE)
Barbara J. Kirkmeyer
941136
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PURCHASE OF SERVICES AGREEMENT ^ /
THIS AGREEMENT, made and entered into this /�pday of /l/err , 1994,
by and between the County of Weld, State of Colorado, by and through the Board
of County Commissioners of Weld County, Colorado, on behalf of the Weld County
Division of Human Services, hereinafter referred to as "HSD," and the Weld Food
Bank, hereinafter referred to as "WFB."
WITNESSETH:
WHEREAS, HSD currently provides the distribution of USDA commodities through
the Commodity Supplemental Food Program, and
WHEREAS, WFB distributes locally donated food to various Weld County
agencies, and
WHEREAS, HSD and WFB desire to cooperate to achieve maximum efficiency and
effectiveness in the distribution of food and commodities to eligible
participants and agencies in Weld County, Colorado.
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties hereto agree as follows:
1. Term
This Agreement shall commence upon its execution and shall remain in effect
for a period of one (1) year. The Agreement shall be renewed automatically
and shall be subject to the termination provisions of paragraph 9, herein.
2. Administration of Commodity Supplemental Food Program
a. The Commodity Supplemental Food Program in Weld County, Colorado, shall
remain under the direction and control of HSD. HSD shall remain agent
to the Colorado Department of Social Services for the responsible
operation of the Program and for the Program's fiscal tracking and
reporting. Certification for the Program shall be administered by HSD.
b. WFB shall perform the warehouse/distribution functions for the Colorado
Commodity Supplemental Food Program in Greeley and Fort Lupton,
Colorado, and any other site agreed by both parties.
c. WFB shall assume responsibility for the proper use and care of donated
foods. Once donated foods have been USDA direct shipped to the
Supplemental Food warehouse site, WFB is responsible for said food. In
case of spoilage, WFB will furnish a certificate from the Weld County
Health Department confirming such spoilage. In the event of damage,
spoilage, or loss of Commodity Supplemental Food Program foods, WFB
will promptly notify HSD. WFB will reimburse the Commodity
Supplemental Food Program for any foods improperly used or disposed of,
or any loss or damage to donated foods through its failure to provide
proper storage, care, or handling.
d. WFB shall abide by the Colorado Department of Social Services State
Plan of Operation and Administration of the Commodity Supplemental Food
Program and all regulations, standards, policies, and procedures stated
therein.
Page 1 of 5 Pages
941136
3. Warehouse/Equipment
a. For the warehouse/distribution functions to be performed by WFB, WFB
shall have the use of the following equipment:
ITEM MAKE MODEL YEAR ID or SERIAL /,
Forklift Hyster E8OB 1981 B098V01577B
Push-Pull Cascade Class III 1989 80B54745C
Slipsheet
Attachment
Heavy-Duty Multitian 1990 J/M2748
Pallet Jack
Personal IBM PS/2 30-021 1990 720803312
Computer & 8086 System
3.5 Disk-
drive & Keyboard
Wide-body Epson FX 1050 1990 0E11082394
PC Printer
Dock Plate 20TB6672 1991
Forklift Hobart Accucharger 1991 2910504796
Battery
Charger
Modem Hayes 2400 31GEUS/360Z1 1991 E01231GE3785
Personal IBM B/2 30-021 1991 23-9867567
Computer 8086 System
& 3.5 Disk
Drive & Keyboard
Wide-Body Epson FX 1050 1991 0E11131592
PC Printer
Laptop Compaq LTE 20 PC 1991 6045HAC31062
Computer Series 2690A
Cooler Conversion 1992
to Freezer
Desktop Copier Minolta EP 2120 1993
Used 16 Ft. Insulated MD I 50
Box with Diesel Power Unit
*Box Truck Chevy 1978 16DA9V114581
2 1/2 Ton
*Box Truck GMC 1982 1GDH6D1A7CV567305
2 1/2 Ton
This equipment shall remain the property of HSD. WFB shall properly
use and maintain the equipment and shall be responsible for the loss of
or damage thereto, other than normal wear.
* Access arranged with Weld County Transportation Department.
Page 2 of 5 Pages
941136
b. Weld County shall allow WFB to use warehouse space necessary to conduct
the Commodity Supplemental Food Program at 104 11th Avenue, Greeley,
Colorado 80631. Part of said Building shall house the certification
staff and equipment for the Commodity Supplemental Food Program.
4. Costs
a. HSD shall pay the costs incidental to the operation of the Commodity
Supplemental Food Program, up to the amount which the Colorado
Department of Social Services reimburses HSD. WFB shall bill HSD on a
monthly or quarterly basis for the cost it incurs while administering
the Commodity Supplemental Food Program. HSD shall remit payment
within thirty (30) days of receipt of invoice, up to the amount which
the Colorado Department of Social Services reimburses HSD. HSD may
option to pay WFB total of invoice until remittance of revenue is
received from the Colorado Department of Social Services. The next
bill received from WFB would then be adjusted to the percent reimbursed
from the Colorado Department of Social Services for the previous
quarter.
b. WFB shall pay for all costs of the warehouse/distribution functions of
the Commodity Supplemental Food Program which are not reimbursed by the
Colorado Department of Social Services.
5. Reporting and Record Keeping
a. WFB shall maintain accurate records of donated foods received and
distributed, and shall maintain an accurate record of all expenditures
applicable to the Program.
b. WFB shall submit the following reports to HSD on a timely and accurate
basis:
1. FNS-153 Monthly Report and Quarterly Administrative Financial
Status Report.
c. WFB shall submit to HSD a quarterly Commodity Supplemental Food Program
Expenditures Report by the tenth (10th) day of the following period.
d. WFB shall allow the disclosure of all documents and inventory related
to the Commodity Supplemental Food Program to any Federal, State, or
local audit or monitoring of that Program. WFB shall also allow the
inspection by the public of all those records which are considered
"open," and thereby subject to inspection, pursuant to Sections 24-72-
201, C.R.S.
6. Modification
a. All modifications to this Agreement shall be in writing and signed by
both parties.
Page 3 of 5 Pages
941136
7. Assignment
a. This Agreement shall be binding upon the parties hereto, their
successors, heirs, legal representatives, and assigns. WFB shall not
assign any of its rights and or obligations regarding the Commodity
Supplemental Food Program without the prior written consent of HSD.
8. Additional Agreements
WFB and HSD further agree:
a. That WFB is an independent contractor and that its officers, employees,
and clients do not become employees of Weld County, Colorado, and
therefore are not entitled to any employee benefits as Weld County
employees, as a result of the execution of this Agreement.
b. That WFB will comply with the requirements of part 247, Chapter II,
Title VII of the Code of Federal Regulations as they are set forth in
the Colorado Department of Social Services plan of operation and
administration. WFB further agrees that it will comply with all other
applicable State and Federal laws.
c. That no officer, member, or employee of HSD and/or WFB, and no member
of their bodies, shall have any pecuniary interest, direct or indirect,
in this Agreement or in any of the proceeds therefrom.
d. That HSD, its officers and employees shall not be held liable for
injuries or damages caused by any negligent acts or omissions of WFB,
or its employees, volunteers, or agents while performing functions as
described in this Agreement. WFB shall not be held liable for any
negligent acts or omissions of HSD, its employees, volunteers, or
agents while performing this Agreement.
e. That WFB and HSD shall comply with the provisions of Title VII of the
Civil Rights Act of 1986, and that no person shall on the grounds of
race, creed, color, sex, handicap, or national origin be excluded from
participation in, be denied the benefits of, or be otherwise subjected
to discrimination under the approved Agreement herein.
9. Termination
This Agreement may be terminated by either party due to a lack of funding,
breach of this Agreement, or other good cause by no less than thirty (30)
days advance written notice to the other parties.
10. Entire Agreement
This Agreement constitutes the entire understanding between the parties
with respect to the subject matter hereof, and shall not be changed or
modified except as stated in paragraph 7. , herein.
11. Severability
If any section, subsection, paragraph, sentence, clause, or phrase of this
Agreement is, for any reason, held or decided to be invalid or
unconstitutional, such decision shall not affect the validity of the
Page 4 of 5 Pages
941136
remaining portio.. . The parties hereto hereby dec.._.e that they would have
agreed to this Agreement and each and every section, subsection, paragraph,
sentence, clause, or phrase hereof irrespective of the fact that any one or
more sections, subsections, paragraphs, sentences, clauses, or phrases
might be declared unconstitutional or invalid.
IN WITNESS WHEREOF, the parties hereto duly executed this Agreement as of
the date first above written.
WELD COUNTY, COLORADO, BY AND WELD FOOD BANK
THROUGH THE BOARD OF COUNTY '
COMMISSIONERS OF WELD COUNTY,
ON BEHALF OF THE WELD COUNTY S7
DIVISION OF HUMAN SERVICES ; 7s�y '`
J
Constance L. Harbert, Chairman Pro-Tem
ATTEST: ,1 � ��/,/ /04/447
Weld County Clerk to the Board
BY: Sit,0 t
Deputy Cler to the Board
WELD COUNTY DIVISION OF HUMAN
SERVICES
Wal . Speckman
Exe tive Director
Page 5 of 5 Pages
941136
4,86p--- , mEmoRAnDum . C U TY,
wokW. H. fbCount Chairman mi r , 9i9 I6
To Board of County Commissioners Date November 14, 1994
CLERK ell COLORADO From Walter J. Speakman, Executive Director, HuTeriperp*a
Subject: Purchase of Services Agreement between the Weld County Division of
Human Services and the Weld Food Bank
Enclosed for Board approval is the Agreement between the Weld County Division of
Human Services and the Weld Food Bank. The Agreement outlines Weld Food Bank's
obligations in subcontracting the distribution of commodities for the Commodity
Supplemental Food Program that is administrated by Human Services.
The term of this Agreement will be one fiscal year from the date of signature.
941136
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