HomeMy WebLinkAbout20110869.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR PURCHASE OF SERVICES AND AUTHORIZE CHAIR
TO SIGN - CDI HEAD START SERVING WELD COUNTY
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 an Agreement for the Purchase of
Services 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 Public Health and Environment,
and CDI Head Start Serving Weld County, commencing March 11, 2011, and ending
Decemer 31, 2011, 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 Agreement for the Purchase of Services 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 Public Health and Environment, and CDI Head Start Serving
Weld County 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 April, A.D., 2011, nunc pro tunc March 11, 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CO RADO
fig
ATTEST: Z ti47;1-4/
Weld County Clerkcto th
Barbara ra Kirkmey Chair
3 `C3 re Semi P. C ro-Tem
BY: ® J
Deputy Clerk to the oa N \ •
iam F. Garcia
APP D AS ORM: c
David E. Long
o ty torney lG °Sok cL/LcR-----
Douglas Ra macher
Date of signature: 001
9 C rig /0 -Tel:5G, Le W
2011-0869
_y 7/ N a u -lI HL0038
. 86 . 20 Memorandum
TO: Barbara Kirkmeyer, Chair
Board of County Commissioners
W E L D._.C O U N T l FROM: Mark E. Wallace, MD, MPH, Director
Department of Public Health and
Environment
DATE: March 16, 2011
SUBJECT: Agreement for purchase of RD services
Enclosed for Board review and approval is the agreement between CDI Head Start and the Weld
County Department of Public Health and Environment for registered dietitian services for the
Head Start program. The agreement is effective March 11, 2011 through December 31, 2011 and
can be terminated at any time with written notice by either party.
The agreement allows the health department to share and expand a scarce resource to deliver
nutrition consulting and counseling services to the CDI Head Start program in Weld County
without additional cost to the county. The RD will provide services that include development of
nutrition work plans, monitoring of meal preparation and compliance with all USDA regulations,
training to classroom staff and families on nutrition curriculum, approval of menus and special
diets and consultation with families on nutrition concerns.
CDI Head Start will reimburse WCDPHE an hourly rate for the Registered Dietitian for up to 8
hours per week and reimburse the dietitian directly for mileage to Head Start sites. Additional
work time, if needed, will be negotiated prior to the start of the work and this agreement will be
modified accordingly.
I recommend your approval.
Enclosure
2011-0869
CDI HEAD START SERVING WELD COUNTY
710 11th Avenue Suite L90
11 I PO Box 939
GREELEY,CO 80632
(970) 515-6664
FAX (970) 673-8200
AGREEMENT FOR PURCHASE OF SERVICES
THIS AGREEMENT is made by and between the CDI Head Start Serving Weld County,
Colorado, whose address is 710 11`h Avenue Suite L90, PO Box 93, Greeley, CO 80632
("CDI HS") and County of Weld Public Health and Environment, State of Colorado, whose
address is 1555 North 17th Ave, Greeley, Colorado, 80631 ("County").
WHEREAS, CDI Head Start desires to retain County as an independent contractor to provide
services as more particularly set forth below; and
WHEREAS, County has the resources available to timely perform the services, and is willing to
provide the services according to the terms of this Agreement.
NOW THEREFORE, in consideration of the mutual promises and covenants contained herein,
the parties hereto agree as follows:
1. Engagement of Contractor. CDI HS hereby retains County, and County hereby accepts
engagement by CDI HS upon the terms and conditions set forth in this Agreement.
2. Term. The term of this Agreement shall be from March 11, 2011, through and until
December 31, 2011.
3. Services to be Performed. County agrees to provide the service of a Registered Dietitian
perform the services listed
• Assist in development of the Nutrition Work Plan, administer, monitor and revise as
requested.
• Eat periodically in each classroom to monitor food acceptance, portions and appeal.
Provide feedback to kitchen staff.
• Use the CDI HS CACFP Manual.
• Use the CDI HS Nutrition newsletters monthly, customizing for local program.
• Assist in monitoring food preparation services,review menus and ensure that all
required USDA/CACFP paperwork is completed and submitted. Coordinate with
WIC, local food banks, etc. Attend the CACFP sponsor training and stay up-to-date
on regulations and menu and food service requirements.
• Provide training to classroom staff and families on topics such as family-style meal
service and nutrition curriculum. Work with classroom staff to support nutrition
education curriculum.
1
• Provide orientation,training and supervision of kitchen staff and make sure that
inventory control and food preparation are in compliance with local, state and federal
standards within budgetary allowances.
• Review and approve special diets and consult as need with local food vendors.
• Consult with parents and staff for both Regional and Migrant/Seasonal programs about
over weight, under weight, special diets and nutrition concerns.
• Coordination meetings will be held bi-weekly to ensure there is open communication
between the Contractor, CDT HS Health/Nutrition Specialist and other pertinent staff
4. Compensation. CDI HS agrees to pay County for services performed at the rate of$21.18
per hour. Charges shall be based on the time actually spent performing the services, but shall
exclude travel time. Mileage may be charged to and from any required job site at a rate of$.53
cents per mile. County shall not be paid any other expenses unless set forth in this Agreement.
Payment to County will be made only upon presentation of a proper claim by County, itemizing
services performed and mileage expense incurred. Payment for services and all related expenses
under this Agreement shall not exceed$12,000.00.
5. Terms of Payment
CDI HS shall pay monthly. Payment shall be made by CDI HS within 30 days after receipt of an
invoice from Contractor desc,thing the services provided under this Agreement and Center
director and Health/Nutrition Specialist have verified the bills. An invoice must be received at the
below listed address no less than 5 business days prior to the end of the subsequent or next month
following the actual month in which you provided the service. If an invoice is not received
during this timeframe Contractor will not be reimbursed for expenses or paid for the
services rendered under this agreement.
Bills and Invoices should be sent to:
CDI HS—Serving Weld County, CO
P. O. Box 939
Greeley, CO 80632
Payments should be sent to:
Weld County Department of Public Health and Environment
Administration Division
1555 North 17th Ave
Greeley, CO 8063I
5. Additional Work. In the event CDI HS shall require changes in the scope, character, or
complexity of the work to be performed,and said changes cause an increase or decrease in the time
required or the costs to CDI HS for performance, an equitable adjustment in fees and completion
time shall be negotiated between the parties and this Agreement shall be modified accordingly by a
2
supplemental Agreement. Any claims by CDI HS for adjustment hereunder must be made in
writing prior to performance of any work covered in the anticipated supplemental Agreement.
Any change in work made without such prior supplemental Agreement shall be deemed covered in
the compensation and time provisions of this Agreement.
6. Independent Contractor. CDI HS agrees that County is an independent contractor and that
neither Contractor nor Contractor's agents or employees are, or shall be deemed to be,agents or
employees of CDI HS for any purpose. Contractor shall have no authorization,express or
implied,to bind CDI HS to any agreement, liability, or understanding. The parties agree that
Contractor will not become an employee of CDI HS,nor is Contractor entitled to any employee
benefits from CDI HS as a result of the execution of this AD cement.
7. Warranty. Contractor warrants that services performed under this Agreement will be
performed in a manner consistent with the professional standards governing such services and the
provisions of this Agreement.
8. Reports CDI HS Property. All reports,test results and all other tangible materials
produced in connection with the performance of this Agreement,whether or not such materials are
in completed form, shall at all times be considered the property of the CDI HS. Contractor shall
not-make use of such material for purposes otherthan in connection with this Agreement without
prior written approval of CDI HS.
9. Acceptance of Product not Waiver. Upon completion of the work,County shall submit to
CDI HS originals of all test results,reports, etc., generated during completion of this work.
Acceptance by CDI HS of reports and incidental material furnished under this Agreement shall not
in any way relieve Contractor of responsibility for the quality and accuracy of the work.
Acceptance by CDI HS of,or payment for,any services performed under this Agreement shall not
be construed as a waiver of any of CDI HS rights under this Agreement or under the law generally.
10. Insurance and Indemnification. Contractor shall defend and indemnify CDI HS, its
officers and agents, from and against loss or liability arising from Contractor's acts,errors or
omissions in seeking to perform its obligations under this Agreement. Contractor shall provide
necessary workers' compensation insurance at Contractor's own cost and expense.
11. Confidentiality. County and CDI HS agree not to disclose any personal or privileged
information to third parties without first obtaining the written consent of responsible party thereof,
unless otherwise permitted or required under applicable law.
12. Head Start required Standards of Conduct
• If Contractor will be in the facility during the time children are present,or interact with
children and families in any way,the following standards of conduct must be agreed to
3
for initial and continued service, as set out in Head Start Program Performance
Standard 1304.52(h)(1):
• Contractor agrees to respect and promote the unique identity of each child and family
and refrain from stereotyping on the basis of gender, race, ethnicity, culture,religion,
or disability.
• Contractor agrees to follow program confidentiality policies concerning information
about children, families, and other staff members.
• Contractor agrees to never leave a child alone or unsupervised while under his/her care.
• Contractor agrees to use only positive methods of child guidance and will not engage in
corporal punishment,emotional or physical abuse or humiliation. In addition,
Contractor will not employ methods of discipline that involve isolation,the use of food
as punishment or reward or the denial of basic needs.
13. Termination. Either party may terminate this Agreement at any time by providing the other
party with a 30 day written notice thereof. Furthermore,this Agreement may be terminated at any
time without notice upon a material breach of the terms of the Agreement. In the event of an early
termination,County shall be paid for work performed up to the time of notice and CDI HS shall be
entitled the use of all material generated pursuant to this Agreement.
14. Non-Assignment. County may not assign or transfer this Agreement, any interest therein or
claim there under, without the prior written approval of CDI HS.
15. Access to Records. County shall have access to CDI HS financial records as they relate to
this Agreement for purposes of audit. Such records shall be complete and available for audit 90
days after final payment hereunder and shall be retained and available for audit purposes for at
least five years after fmal payment hereunder.
16. Time of Essence. Time is of the essence in each and all of the provisions of this Agreement.
17. Interruptions.Neither party to this Agreement shall be liable to the other for delays in
delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where
such failure is due to any cause beyond its reasonable control, including but not limited to Acts of
God, rues,strikes, war,flood,earthquakes or Governmental actions.
18. Notices. Any notice required to be given under this Agreement shall be in writing and shall
be mailed or delivered to the other party at that party's address as stated above.
19. Compliance. This Agreement and the provision of services hereunder shall be subject to the
laws of Colorado and be in accordance with the policies, procedures, and practices of County and
4
CDI HS.
20. Non-Exclusive Agreement. This Agreement is nonexclusive and CDI HS may engage or
use other contractors or persons to perform services of the same or similar nature.
21. Entire Agreement/Modifications. This Agreement contains the entire agreement between
the parties with respect to the subject matter contained in this Agreement. This instrument
supersedes all prior negotiation,representation,and understanding or agreements with respect to
the subject matter contained in this Agreement. This Agreement may be changed or
supplemented only by a written instrument signed by both parties.
22. Funding Contingency. No portion of this Agreement shall be deemed to create an
obligation on the part of CDI HS or County to expend funds not otherwise appropriated or
budgeted for.
24. SeverabIlity. If any term or condition of this Agreement shall be held to be invalid, illegal,
or unenforceable,this Agreement shall be construed and enforced without such provision, to the
extent that this Agreement is then capable of execution within the original intent of the parties.
25. Governmental Immunity. No portion of this Agreement shall be deemed to constitute a
waiver of any immunities the parties or their officers or employees may possess.
2fi_ No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of
the terms and conditions of this Agreement, and all rights of action relating to such enforcement,
shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or
allowanyclaim or right of ca-tiuu whatsoever by anyother person not included in this Agreement.
It is the express intention of the undersigned parties that any entity other than the undersigned
parties receiving services or benefits under this Agreement shall be an incidental beneficiary only.
IN WITNESS WHEREOF,the parties have executed this Agreement as of the date and year
written below.
5
Signatures
CDI Head Start Serving Weld County
By: Date: 3 i oi i zo I
Taxpayer ID: 841548541
WE D COUNTY BO RD OF COUNTY COMMISSIONERS
ara Kirkmeye Chairper n APR 0 fi 2011
Taxpayer ID: 84-6000-813
<, �' �' �
ATTEST: / �dP
WELD COUNTY CLERK TO THE B (�
1861 taw
By. Kis �4
Deputy Cler o the Board l'. ,'
nom,.
WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
Dr. Mark Wallace, Director
6
aoi/-o84.?
Hello