HomeMy WebLinkAbout920134.tiff RESOLUTION
RE: APPROVE PURCHASE OF SERVICES AGREEMENT BETWEEN WELD COUNTY DIVISION OF
HUMAN RESOURCES AND THE 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 Weld County Division of Human Resources and Weld Food Bank, with the
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 Weld County
Division of Human Resources and 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 19th day of February, A.D. , 1992.
ATTEST
BOARD OF COUNTY COMMISSIONERS
171144 WELD COUNTY, COLORADO
Weld County Clerk to the Board
/ ? eKenn :. Ch (
BY: iS4/ fl' ; //Deputy erk to the Boatd tance L. Harbert, Pro-Tem
APPROVED AS 'Pb/l FORM:
C. W. Kir y
County Attorney Gor . c
ri � r
m W. . Webster
920134
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PURCHASE OF SERVICES AGREEMENT
iA
THIS AGREEMENT, made and entered into thisi(1 day of �•, 1992,
by and between the Board of County Commissioners of Weld County, Colo ado, on
behalf of the Weld County Division of Human Resources, hereinafter referred to
as "HRD," and the Weld Food Bank, hereinafter referred to as "WFB."
WITNESSETH:
WHEREAS, HRD 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, HRD 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 HRD. HRD 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 HRD.
b. WFB shall perform the warehouse/distribution functions for the
Colorado Supplemental Food Program in Greeley and in Fort Lupton,
Colorado.
c. WFB shall assume responsibility fdr the proper use and care of
donated foods. Once donated foods have been delivered 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 Foods Program
foods, WFB will promptly notify HRD. 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.
Page 1 of 5 Pages
9 70134
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.
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 E80B 1981 B098V01577B
Push-Pull Cascade Class III 1989 80854745C
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 OE11082394
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
This equipment shall remain the property of HRD. WFB shall properly
use and maintain the equipment and shall be responsible for the loss
of or damage thereto, other than normal wear. HRD shall provide a
Page 2 of 5 Pages
926134
box truck for WFB to transport commodities at a cost to WFB of .85*
per mile. HRD shall obtain and pay for all necessary insurance for
said vehicle.
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. HRD 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 HRD. WFB shall
bill HRD on a monthly or quarterly basis for the cost it incurs while
administering the Commodity Supplemental Food Program. HRD shall
remit payment within thirty (30) days of receipt of invoice, up to
the amount which the Colorado Department of Social Services
reimburses HRD. HRD 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 HRD on a timely and
accurate basis:
1. FNS-153 Monthly Report and Quarterly Administrative
Financial Status Report.
c. WFB shall submit to HRD 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.
Page 3 of 5 Pages
9201_34
6. Modification
a. All modifications to this Agreement shall be in writing and
signed by both parties.
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 HRD.
8. Additional Agreements
WFB and HRD 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 law.
c. That no officer, member, or employee of HRD 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 HRD, 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 HRD, its employees,
volunteers, or agents while performing this Agreement.
e. That WFB and HRD 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.
Page 4 of 5 Pages
9204: 34
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
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.
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, at( / y/
ON BEHALF OF THE WELD COUNTY a • `—/"
DEPARTMENT OF HUMAN RESOURCES
George Kenned , Chairman .
APPROVED:
WELD COUNTY DIVISION OF HUMAN
RESOURCE
a t r J. Speckman
E cutive Director
ATTEST:
Weld County Clerk to the Board
7
•
By:
Deputy Clerk to the Board
Page 5 of 5 Pages
920. 34
,��f mEmoRAnDum
I4;
George Count Chairman
To __._ Board off CountyCommssonersn,,, _._ zL11[92
COLORADO Frer, Walter Speckman, Executive Director, Human Resources
Subject: 1992 Weld Food Bank Agreement_
Enclosed for Board approval is the agreement between Weld County Division of
Human Resources and Weld Food Bank. The agreement outlines Weld Food Banks'
obligations in subcontracting the distribution of commodities for the Commodity
Supplemental Food Program that is administrated by Human Resources.
The term of the agreement will be one fiscal year from the date of signature.
February 13, 1992
MBM�1Bb##DUM
TO:. Clerk to the Boa
FR: Susan Talmadge. sources
B8: Purchase of Services Agreement between
the Weld County Division of n
Resources and the Weld Food Rank
Enclosed for Board approval are three (3)
c of the above mentioned Agreement.
Please return two (2) once they have been
signed.
If you have any questiontm. please telephone
Marilyn Canine at 333-3816.
F
910134
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