HomeMy WebLinkAbout930122.tiff RESOLUTION
RE: APPROVE PURCHASE OF SERVICES AGREEMENT WITH 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 Food Bank and the Weld County Department of Social Services,
commencing January 1, 1993, and ending December 31, 1993, with the 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, ex-officio Board of Social Services, that the Purchase of
Services Agreement between Weld Food Bank and the Weld County Department of
Social Services 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 1st day of February, A.D. , 1993.
A BOARD OF COUNTY COMMISSIONERS
//
ATTEST: Aid/ JAL WEL
COUNTY, COLORADO
Weld C y le k to trd p- � / /.�f� ji
Constance L. Barbert, Chairman
/ &/ / kL ,�
BY: � IA'/ '/ lZ /� 2 1 ;'
Deputy Clerk to the.Beef > W. H. Webster, Pr -Tem
APPROVED AS TO FORM: �� � . J-t
(/7P6 e orge B74;
County Attorney Dal K. Hall /. tip ,_" ,Vt /X--e ,i
arbara J. Kirkmeye
930122
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Contract No. : PY93-TEFA-01
PURCHASE OF SERVICES AGREEMENT BETWEEN
THE BOARD OF COMMISSIONERS OF WELD COUNTY, ON BEHALF
OF THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES AND THE WELD FOOD BANK
THIS AGREEMENT, made and entered into this /5'-'27 day of January, 1993,
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 "Contractor."
WITNESSETH:
WHEREAS, WCDSS currently provides for the distribution of USDA
commodities through the Temporary Emergency Food Assistance Program, and
WHEREAS, Contractor distributed locally donated food to various Weld
County agencies, and
WHEREAS, WCDSS and Contractor 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 beginning January 1, 1993 through
December 31, 1993. 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 the 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. Contractor will provide a monthly report of
expenditures for WCDSS so WCDSS can obtain reimbursement from the
State Department of Social Services.
b. Contractor shall perform the following functions: warehousing,
distribution, ordering, and certification for the Temporary
Emergency Food Assistance Program for Weld County, Colorado.
c. Contractor shall assume responsibility for the proper use and
care of donated foods. In the event of damage, spoilage, or loss
of program foods, Contractor will notify the WCDSS 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 3
Contract No. : PY93-TEFA-01
d. Contractor 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,
polices, and procedures stated herein.
3. Costs
Contractor will pay for all costs for the distribution of food
associated with the Donated Foods Agreement. Contractor 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 Contractor must be made by
WCDSS within thirty days of submission of an invoice by Contractor.
4. Reporting and Record Keeping
a. Contractor shall maintain accurate records of donated foods
received and distributed, and shall maintain an accurate record
of all expenditures applicable to the program.
b. Contractor 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. Contractor 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.
5. Modification
All modifications to this Agreement shall be in writing and signed by
both parties.
6. Assignment
This Agreement shall be binding upon the parties hereto, their
successors, heirs, legal representative, and assigns. Contractor shall
not assign any of its rights or obligations regarding the Temporary
Emergency Food Assistance Program without prior written consent of
WCDSS.
7. Assurances
The Contractor shall abide by all assurances as set forth in the
attached Exhibit A, which is attached hereto and incorporated herein by
reference.
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Contract No. : PY93-TEFA-01
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. Distribution
WCDSS will act on behalf of Contractor to obtain the use of the County
Extension Building for the distribution of the Temporary Emergency Food
Assistance Program Foods at no cost to Contractor.
WELD COUNTY DEPARTMENT OF SOCIAL SERVICES WELD FOOD BANK, INC.
,Qc_ dew
Ju A. G iego, D ectd# Carol Cox, President
U 6
Leon Martens, Executive Director
ATTEST:
By:ATTEST: /set%
BOARD OF WELD COUNTY
Weld County Clerk to the Board COMMISSIONERS OF WELD COUNTY,
COLO 0
BY: / it , cr �'Deputy Clerk Constance Harbert, hairman D, /o3/93
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CV at° ONLY
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Contract No. : PY93-TEFA-01
EXHIBIT A
ASSURANCES
1. The Contractor agrees it is an independent contractor and that its
officers and employees do not become employees of Weld County, nor are
they entitled to any employee benefits as Weld County employees, as the
result of the execution of this Agreement.
2. Weld County, the Board of County Commissioners of Weld County, its
officers and employees, shall not be held liable for injuries or
damages caused by any negligent acts or omissions of Contractor or its
employees, volunteers, or agents while performing duties as described
in this Agreement. Contractor shall indemnify, defend, and hold
harmless Weld County, the Board of County Commissioners of Weld County,
its employees, volunteers, and agents. The Contractor shall provide
adequate liability and worker's compensation insurance for all its
employees and agents engaged in the performance of the Agreement. The
Contractor shall provide liability insurance for volunteers engaged in
the performance of the Agreement. Upon request, the Contractor shall
provide Social Services with acceptable evidence that such coverage is
in effect.
3. No portion of this Agreement shall be deemed to constitute a waiver of
any immunities the parties or their officers or employees may possess,
nor shall any portion of this Agreement be deemed to have treated a
duty of care with respect to any persons not a party to this Agreement.
4. No portion of this Agreement shall be deemed to create an obligation on
the part of the County of Weld, State of Colorado, to expend funds not
otherwise appropriated in each succeeding year.
5. If any section, subsection, paragraph, sentence, clause, or phrase of
this Agreement is for any reason held or decided to be
unconstitutional, such decision shall not affect the validity of the
remaining portions. The parties hereto declare that they would have
entered into this Agreement and each and every section, subsection,
paragraph, sentence, clause, and phrase thereof irrespective of the
fact that any one or more sections, subsections, paragraphs, sentences,
clauses, or phrases might be declared to be unconstitutional or
invalid.
6. No officer, member or employee of Weld County and no member of their
governing bodies shall have any pecuniary interest, direct or indirect,
in the approved Agreement or the proceeds thereof.
7. The Contractor assures that they will comply with the Title VI of the
Civil Rights Act of 1986 and that no person shall, on the grounds of
race, creed, color, sex, or national origin, be excluded from
participation in, be denied the benefits of, or be otherwise subjected
to discrimination under this approved Agreement.
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Contract No. : PY93-TEFA-01
Exhibit A (Continued)
8. The Contractor assures that sufficient, auditable, and otherwise
adequate records that will provide accurate, current, separate, and
complete disclosure of the status of the funds received under the
Agreement are maintained for three (3) years or the completion and
resolution of an audit. Such records shall be sufficient to allow
authorized local, Federal, and State auditors and representatives
to audit and monitor the Contractor.
9. All such records, documents, communications, and other materials shall
be the property of Social Services and shall be maintained by the
Contractor, in a central location and custodian, in behalf of Social
Services, for a period of three (3) years from the date of final
payment under this Contract, or for such further period as may be
necessary to resolve any matters which may be pending, or until an
audit has been completed with the following qualification: If an audit
by or on behalf of the federal and/or state government has begun but is
not completed at the end of the three (3) year period, or if audit
findings have not been resolved after a three (3) year period, the
materials shall be retained until the resolution of the audit finding.
10. The Contractor assures that authorized local, Federal, and State
auditors and representatives shall, during business hours, have access
to inspect any copy records, and shall be allowed to monitor and review
through on-site visits, all contract activities, supported with funds
under this Agreement to ensure compliance with the terms of this
Agreement. Contracting parties agree that monitoring and evaluation of
the performance of the Agreement shall be conducted by appropriate
funding sources. The results of the monitoring and evaluation
activities shall be provided to the appropriate and interested parties.
11. This Agreement shall be binding upon the parties hereto, their
successors, heirs, legal representatives, and assigns. The Contractor
or Social Services may not assign any of its rights or obligations
hereunder without the prior written consent of both parties.
12. The Contractor certifies that Federal appropriated funds have not been
paid or will be paid, by or on behalf of the Contractor, to any person
for influencing or attempting to influence an officer or employee of an
agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any
Federal Loan, the entering of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any
Federal contract, loan, grant, or cooperative agreement.
13. The Contractor assures that it will fully comply with applicable
federal and state laws, rules and regulations. The Contractor
understands that the source of funds to be used under this Agreement is
Temporary Emergency Food Assistance funds.
Page 2 of 4
Contract No. : PY93-TEFA-01
Exhibit A (Continued)
14. The Contractor assures and certifies that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from covered
transactions by a federal department of agency;
b. Have not, within a three-year period of preceding this Agreement,
been convicted of or had a civil judgment rendered against them
for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (federal,
state, or local) transaction or contract under a public
transaction; violation of federal or state antitrust statutes or
commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements,
or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly
charged by a government entity (federal, state, or local) with
commission of any of the offenses enumerated in paragraph 11(b)
of this certifications; and
d. Have not within a three-year period preceding this Agreement, had
one or more public transactions (federal, state, and local)
terminated for cause or default.
15. The Appearance of Conflict of Interest applies to the relationship of
a contractor with Social Services when the Contractor also maintains a
relationship with a third party and the two relationships are in
opposition. In order to create the appearance of a conflict of
interest, it is not necessary for the contractor to gain from knowledge
of these opposing interests. It is only necessary that the contractor
know that the two relationships are in opposition.
During the term of the Contract the Contractor shall not enter any
third party relationship that gives the appearance of creating a
conflict of interest. Upon learning of an existing appearance of a
conflict of interest situation, the Contractor shall submit to Social
Services, a full disclosure statement setting forth the details that
create the appearance of a conflict of interest. Failure to promptly
submit a disclosure statement required by this paragraph shall
constitute grounds for Social Services' termination, for cause, of its
contract with the Contractor.
16. Contractor shall protect the confidentiality of all applicant records
and other materials that are maintained in accordance with this
Contract. Except for purposes directly connected the administration of
the Temporary Emergency Food Assistance Program, no information about
or obtained from any applicant/recipient in possession of Contractor
shall be disclosed in a form identifiable with the applicant/recipient
or a minor's parent or guardian. Contractor shall have written
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Contract No. : PY93-TEFA-01
Exhibit A (Continued)
policies governing access to, duplication and dissemination of, all
such information. Contractor shall advise its employees, agents and
subcontractors, if any, that they are subject to these confidentiality
requirements. Contractor shall provide its employees, agents and
subcontractors, if any, with a copy or written explanation of these
confidentiality requirements before access to confidential data is
permitted.
17. Propriety information for the purposes of this contract is information
relating to a party's research, development, trade secrets, business
affairs, internal operations and management procedures and those of its
customers, clients or affiliates, but does not include information (1)
lawfully obtained from third parties, (2) that which is in the public
domain, or (3) that which is developed independently.
Neither party shall use or disclose directly or indirectly without
prior written authorization any proprietary information concerning the
other party obtained as a result of this Contract. Any proprietary
information removed from the State's site by the Contractor in the
course of providing services under this Contract will be accorded at
least the same precautions as are employed by the Contractor for
similar information in the course of its own business.
TEFAP.ajc
Page 4 of 4
:.
4114H4C(7.....
DEPARTMENT OF SOCIAL SERVICES
P.O. 6
GREELEY,COLORADO 80632
' Administration and Public Assistance(303)352.1551
CI_ Child Support(303)352-6933
C I lL Protective and Youth Services(303)352-1923
Food Stamps(303)356-3850
• FAX(303)353-5215
COLORADO
TO: Constance L. Harbert, Chairman
Weld County Board of Commissioners
FROM: Judy A. Griego, Director, Social Services A
SUBJECT: Agreement Between the Board of Commissioner of eld unt , on
Behalf of the Weld County Department of So al rvic s an the
Weld Food Bank
DATE: January 22, 1992
Enclosed for Board approval is a Purchase of Services Agreement between the
Board of Commissioners of Weld County, on behalf of the Weld County
Department of Social Services and the Weld Food Bank.
The purpose of this contract is to have the Weld Food Bank administer the
Temporary Emergency Food Assistance Program (TEFAP) . Their primary purpose
is to distribute donated foods to various Weld County agencies. The maximum
reimbursement to the Weld Food Bank would not exceed $15,000 for the contract
period of January 1, 1993 through December 31, 1993.
If you have any questions, please telephone me at extension 6200.
jac
Enclosure
93O122
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