HomeMy WebLinkAbout980732.tiff RESOLUTION
RE: APPROVE PURCHASE OF SERVICES AGREEMENT AND AUTHORIZE CHAIR TO
SIGN -WELD FOOD BANK
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 the Weld
Food Bank, with 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 Department of Human Services, and the Weld Food Bank 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 4th day of May, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO)
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ATTEST: ,fr, ;�f *' XCU?; 6A�€SC'
F SI ING (AYE)
/frp" A/>. . Constance L. Harbert, Chair
Weld County Cler o t =� �v
icsr if per ' 6. (�� /, � j /
• P{� 1 'd'_ j l� \ e L , mot,`1 �t-f
Ats+� W. H. ester, Pro-Tem
BY: 4 ti_?. ..,+,: ` ,e►A
Deputy Clerk to "Cis";j l if EXCUSED
4114g..owle George E. Baxter
APPRO AS TO RM:
EXCUSED
Dal Hall
ttorn er 7�
arbara J. Kirkmeyer
980732
HR0069
(itit ‘es MEMORANDUM
llConstance L. ,
o TO: Board of CountyHarbert Commissioners DATE: April 27, 1998
• FROM: WalterJ. Speckman, Executive Director, Human Services i r... ¢
COLORADO SUBJECT: Purchase of Service Agreement between the Weld
County Division of Human Services and the Weld Food
Bank
Enclosed for Board approval is the Purchase of Service 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.
If you have any questions, please feel free to telephone me at 353-3800, extension 3317.
980732
PURCHASE OF SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this day of , 1998, 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 and be renewed
automatically 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 Human 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 Weld and Larimer counties 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 Human 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 7
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 w/Battery Nissan CYGM02L30 1993 002154
Charger
Push-Pull Slipsheet Cascade Class III 1989 80B54745C
Attachment
Heavy-Duty Pallet Jack Multitian 1990 J/M2748
Personal Computer & IBM PS/2 30-021 1990 720803312
3.5 Disk-Drive & 8086 System
Keyboard
Wide-body PC Printer Epson FX 1050 1990 0E11082394
Dock Plate 20TB6672 1991
Portable Printer Hewlett Deskjet 320 1995 JP46L151BL
Packard
Modem Hayes 2400 31GEUS/360Z1 1991 EO1231GE3785
Personal Computer & IBM B/2 30-021 1991 23-9867567
3.5 Disk Drive & 8086 System
Keyboard
Wide-Body PC Printer Epson FX 1050 1991 0E11131592
Laptop Computer Compaq LTE 20 PC 1991 6045HAC31062
Series 2690A
Laptop Computer Gateway 2000 Colorbook 1995 940613313
4865X-25
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 2 '/z Ton Chevy 1978 16DA9VI14581
*Box Truck 2 '' Ton GMC 1982 1GDH6D1A7CV567305
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
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 Human 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 Human Services reimburses HSD. HSD may option to pay
WFB total of invoice until remittance of revenue is received from the Colorado
Department of Human Services. The next bill received from WFB would then be
adjusted to the percent reimbursed from the Colorado Department of Human 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
Human Services.
5. Reporting and Record Keepinp
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.
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.
Page 3 of 5 Pages
q -73
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 Human
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 6,
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
Page 4 of 5 Pages
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 execute this Agreement as of the date first
above written.
WELD COUNTY, COLORADO, BY AND WELD FO D B
THROUGH THE BOARD OF COUNTY
COMMISSIONERS OF WELD COUNTY,
ON BEHALF OF THE WELD COUNTY
DIVISION OF HUMAN SEERVICES
Constance L. Harbert, Chair (05/04/98)
ATTEST: �� I::', LP •�i
►), ..._ids
Weld Coun i .• , ik,
G �J
By: i �i1• `!4te i�
Deputy '` '., •
II
WELD COUNTY D'�! OF HUMAN
SERVICES
W J. peckman
Ex tive Director
Page 5 of 5 Pages
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