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Home My WebLink About20100836.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 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 Weld County Department of Public Health and Environment, and CDI Head Start Serving Weld County, commencing March 11, 2010, and ending December 31, 2010, 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 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 Weld County 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 21st day of April, A.D., 2010, nunc pro tunc March 11, 2010. BOARD OF COUNTY COMMISSIONERS ,1 lE 1�t ELD COUNTY OLORADO ATTEST: 'a►� 4(QQ Y� G LA/C— • tiset #CC1 �� •las "ademach-r, Chair r r Weld County Clerk to the Bo-'.%d(� I� /if ,��1 4carbara Kirkmeyer, ro-Tem / an Dep Cler$7. the Board V Sean P. o way APP D A • A ?, 1 William . Garcia punt Attorney EXCUSED David E. Long Date of signature: 5hbRio C C l L 3- 73-10 2010-0836 HL0037 Memorandum TO: Douglas Rademacher, Chair Board of County Commissioners vale FROM: Mark E. Wallace, MD, MPH, Directpr�T Department of Public Health arti Environment COLORADO DATE: March 29, 2010 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, 2010 through December 31, 2010 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 2010-0836 w CDI HEAD START SERVING WELD COUNTY 710 11t"Avenue Suite L90 III PO Box 939 A 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 11th 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, 2010, through and until December 31, 2010. 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. 1 oj0/.0 0('36 • 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. • 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, CDI HS Health/Nutrition Specialist and other pertinent staff. 4. Compensation. CDI HS agrees to pay County for services performed as set forth on Exhibit A 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. 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 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 Agreement. 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. 2 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 other than 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. 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. 13. 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. 14. 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 final payment hereunder. 15. Time of Essence. Time is of the essence in each and all of the provisions of this Agreement. 3 16. 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, fires, strikes, war, flood, earthquakes or Governmental actions. 17. 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. 18. 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 CDI HS. 19. 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. 26. 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 allow any claim or right of action whatsoever by any other 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. 4 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year written below. Signatures CDI ad Start Serving Weld County By: Date: y i e L, ,, Taxpayer ID: 841548541 WELD COUNTY BOARD OF COUNTY COMMISSIONERS ,----iTh —Dou as Rad macher, Chairperson APR 2 2 10` ATTEST: ", � � E nTtb II WELD COUNTY CLERK TO THE BO .r D r 1861 ?1. k By: V114;.1/4 Deputy Cle 'moo the Board ��1/ WELD COUN EPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 7 Dr. Mark Wallace, Director 5 �O/d-- C824 Hello