HomeMy WebLinkAbout910333.tiff PURCHASE OF SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this a -- day of /1-A ,,..;
1991, by and between the Board of Commissioners of Weld County, Colorado,
on behalf of the Weld County Department of Social Services, hereinafter
referred to as "WCDSS" , and the Weld Food Bank hereinafter referred to as
"WFB" .
WITNESSETH:
WHEREAS, WCDSS currently provides for the distribution of USDA
commodities through the Temporary Emergency Food Assistance Program, and
WHEREAS, WFB distributes locally donated food to various Weld
County agencies, and
WHEREAS, WCDSS and WFB desire to cooperate to achieve maximum
efficiency and effectiveness in the distribution of food 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 8, herein.
2. Administration of the Food Program
a. The Temporary Emergency Food Assistance Program in Weld County
shall remain under the direction and control of WCDSS.
WCDSS shall remain agent to the Colorado Department of Social
Services for the responsible operation of the program. WCDSS
will be responsible for the program's fiscal tracking and reporting.
WFB will provide a monthly report of expenditures for WCDSS
so WCDSS can obtain reimbursement from the State Department of
Social Services.
b. WFB shall perform the following functions: warehousing,
distribution, ordering, and certification for the Temporary
Emergency Food Assistance Program for Weld County, Colorado.
c. WFB shall assume responsibility for the proper use and care of
donated foods. In the event of damage, spoilage, or loss of program
foods, WFB will notify the Colorado Department of Social Services
and WCDSS. WFB will reimburse the Temporary Emergency 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.
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d. WFB shall follow the guidelines of the Colorado Department of Social
Services Donated Foods Agreement for the Temporary Emergency Food
Assistance Program and all regulations, standards, policies, and
procedures stated therein.
3. Costs
WFB will pay for all costs for the distribution of food associated
with the Donated Food Agreement. WFB will receive reimbursement from
WCDSS for expenditures associated with the program. WCDSS will submit
reports to the State for reimbursement. Costs associated with
the program must be reasonable and necessary for the distribution
of program foods. Payment to WFB must be made by WCDSS within
thirty day of submission of an invoice by WFB.
4. 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 allow the disclosure of all documents and inventory
related to the Temporary Emergency Food Assistance 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.
c. WFB agrees to submit any non financial reports requested
by the Colorado Department of Social Services or USDA in a
prompt and complete manner.
5. Modification
a. All modifications to this Agreement shall be in writing and
signed by both parties.
6. Assignment
a. This Agreement shall be binding upon the parties hereto,
their successors, heirs, legal representative, and assigns.
WFB shall not assign any of its rights or obligations
regarding the Temporary Emergency Food Assistance Program
without prior written consent of WCDSS.
7. Additional Agreements
WFB and WCDSS 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 benefits as
Weld County employees, as a result of execution of this Agreeme
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b. That no officer, member, or employee of WCDSS and/or WFB, and- - :. srj
no member of their bodies, shall have any pecuniary interest, direct
or indirect, in this Agreement or in any of the proceeds therefrom.
c. That WCDSS, 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
this Agreement.
d. That WFB and WCDSS 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.
8. Termination
This Agreement may be terminated by either party due to a lack of
funding, breach of this Agreement, or other good cause by not less
than thirty (30) days advance written notice to the other parties.
9. 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 5. , herein.
10. 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 remaining portions. The parties hereto hereby
declare 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.
11. WCDSS will act on behalf of WFB to obtain the use of the County
Extension Building for the distribution of the Temporary Emergency
Food Assistance Program Foods at no cost to WFB.
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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, Aar-A' nv ! '�� 7
ON BEHALF OF THE WELD COUNTY
DEPARTMENT OF SOCIAL SERVICES
ATTEST: /011"4
APPROVED: Weld County
��- th Board
WELD COUNTY DEPARTMENT OF SOCIAL SERVICES By:
Di%Ity Clerk to the Boagl
Eug a McKenna, Ditector
91033e.
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MEMORAIIDUM
CLEF:
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To Tom David _ Date__ March 26, 1991
Weld County Attorney
COLORADO Fmm Gene McKenna. Directors Social Services
subject: Purchase of Service Agreement, WCDSS and the Weld Food Bank
Tom:
Last December the Weld County Commissioners approved the transfer of the
Surplus Commodity Program run by the Weld County Department of Social
Services to then the Greeley Food Clearing House (now Weld Food Bank) . The
attached work session request gives you more detail about the program and
the transfer.
The attached draft of a Purchase of Service Agreement was completed by Tony
Groeger of our Department. Request your review and if everything is okay,
submittal to our County Commissioners for review and decision. In effect,
the local County Social Service Department would remain responsible for the
program but subcontract distribution services to the Weld Food Bank.
Thanks for your help. Please give me a call if you have any questions.
GM:jac
cc: Tony Groeger
Enclosure
BOARD OF COUNTY COMMISSIONERS
REVIEW/WORK SESSION REQUEST
DEPARTMENT: Weld County Department of Social Services DATE: November 27, 100
PERSON REQUESTING: Eugene McKenna, Director, Weld County Dept. of Social Services
ATTACH A COPY OF ALL RELEVANT DATA (Reports, memos, letters, etc.)
(See attached)
BRIEF DESCRIPTION OF PROBLEM/ISSUE:
Request transfer of the administration of the Temporary Emergency Food Assistance
Program (TEPAF) Commodities. to the Greeley Food Clearing House. Transfer would be in
the interest of Weld County citizens and would consolidate distribution and
administration. (See attached)
WHAT OPTIONS EXIST FOR THE BOARD? (Include consequences, impacts, costs, etc. of
options.)
1. No Change. WCDSS would continue to distribute commodities to eligible
participants on a quarterly basis. Administrative costs would continue to be
reimbursed by the Colorado State Department of Social Services.
2. Delegate distribution and administrative responsibility to the Greeley Food
Clearing House. (See attached) Proposed effective date, 1/1/91. Greeley Food
Clearing House would probably act as subcontractor.
4. Other?
RECOMMENDATION TO THE BOARD:
BOARD ACTION: BY REVIEW BY WORK SESSION
DATE: COMMENTS/DIRECTION:
7:64.O.5Ffie /NEED w�5 NO cN4N6,�'
INITIAL: APPROVE DISAPPROVE
Harbert ` /
Brantner J
Lacy
Kirby
Kennedy
S1.013rD
WELL COUNTY DEPARTMENT OF SOCIAL SEk.iCES
Proposal to Transfer or subcontract Temporary Emergency Food Assistance Program
(TEFAP) Donated Foods (Commodities) to Greeley Food Clearing House.
Background: The TEFAP program was initiated years ago to distribute USDA surplus
commodities to the eligible low income households. In Colorado, the State Department
of Social Services was designated as the agency to obtain commodities from the U.S.
Department of Agriculture and distribute them through County Departments of Social
Services. The State Department allows counties to subcontract this responsibility.
WCDSS has distributed commodities on a quarterly basis for several years. Volunteers
from outlying senior citizen centers have been of great assistance in the actual
distribution. The program has been popular with recipients and successfully
administered. In recent years, all direct costs of distribution have been reimbursed.
It is the assessment of WCDSS that the program will be improved if transferred to the
Greeley Food Clearing House.
ADVANTAGES/DISADVANTAGES OF TRANSFER
Advantages:
o The quantity of food distributed can be increased by use of Greeley Food Clearing
House storage capacity. WCDSS lacks this capacity.
o Food distribution can occur year round instead of on a quarterly basis. Although
quarterly distribution would probably continue at outlying sites, Greeley area
citizens could receive food at more convenient times.
o Cost impact to Weld County would be "neutral" but would have a favorable impact
on WCDSS workload.
o Reimbursement for administrative expenses from the CCDSS would shift to
Greeley Food Clearing House. (This will amount to approximately $6,630 in
1990 CY.)
o The WCDSS will be freed of this minor administration load so can use staff
time for other priorities. (Estimated time savings of coordinator is 20
hours per month minimum.)
° The County would gain the advantage of GFCH specialization and food distribution
experience. For example, food distribution is the primary service of the Greeley
Food Clearing House. The program could be better coordinated with other surplus
food programs. Long term food storage is available. Also of importance, is
Greeley Food Clearing House desire to accept this program.
Disadvantages - None known.
Fiscal Impact: As seen from County perspective, "Neutral" in sense that costs of
operation are reimbursed 100% by State. Savings for WCDSS is that an estimated 20
hours per month of one FTE freed for other duties.
Eugene McKenna, Director
11/17/90
.92 Pi. A
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