HomeMy WebLinkAbout20092559.tiffRESOLUTION
RE: APPROVE TWO PURCHASE OF SERVICES AGREEMENTS WITH VARIOUS
PROVIDERS AND AUTHORIZE CHAIR 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 two Purchase of Services Agreements
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 following
providers, with further terms and conditions being as stated in said agreements, and
1. Weld County School District RE -5J (August 28, 2009, through
May 21, 2010)
2. Weld County School District RE -1J (September 24, 2009, through
June 3, 2010)
WHEREAS, after review, the Board deems it advisable to approve said agreements, copies
of which are attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the two Purchase of Services Agreements 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 above listed providers be, and hereby are,
approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreements.
C HS 1.I b --(A et)
2009-2559
HR0080
o0a7 l uq
RE: TWO PURCHASE OF SERVICES AGREEMENTS WITH VARIOUS PROVIDERS
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 28th day of September, A.D., 2009, nunc pro tunc August 28, 2009,
respectively.
ATTEST:
Weld County Clerk to t
BY.
Deputy Clerk to the Boarii`
AP
ttorney
Date of signature. !g
BOARD OF C9NTY COMMISSIONERS
WELD COUNtY', COLORADO
2'
William F. Garcia, Chair
� c
,uglas2tademache
Seen P. Conway
David E. Long
Kirkmeyer rr
ctS
2009-2559
HR0080
MEMORANDUM
4§
DATE: August 31, 2009
TO: William F. Garcia, Chair, Board of Conty Comm' sioners
1
FROM: Judy A. Griego, Director, Human Serc�,es De�ja mn2�"
COLORADO RE: Purchase of Services Agreement between the Weld County
Department of Human Services and Various Providers
Enclosed for Board approval are Purchase of Services Agreements between the Weld County
Department of Human Services and Various Providers. These Agreements were presented at the
Board's August 31, 2009, Work Session.
The major provisions of these Agreements are as follows:
No.
Provider/Term
Program Area
Rates
1
Weld County School District
RE -5J
August 28, 2009 — May 21,
2010
Food Services —
Breakfast, Lunch
(including milk), and
Snacks for
Approximately 52
children and
Approximately 6
adults
$1.31 per person for Breakfast
$2.40 per person for Lunch
$.85 per person for Snack
2
Weld County School District
RE -1J
September 24, 2009 — June 3,
2010
Food Services —
. Lunch/Milk for
Approximately 50
children
. Breakfast for
Approximately 35
children
. Snack for
approximately 35
children
. Breakfast/Lunch/
Snack for
Approximately 20
Full Day/Full Year
children and
Approximately 3
adults
$2.50 per child Lunch & Milk
$1.35 per child Breakfast
$.65 per child Snack
$2.70 per adult Lunch & Milk
$1.35 per adult Breakfast
$.65 per adult Snack
If you have any questions, give me a call at extension 6510.
2009-2559
PURCHASE OF SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this ,-gyp day of August 2009 f iby and betvb26,112 13
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 Human Services' Family Educational Network
of Weld County, hereinafter referred to as "FENWC", and the Weld County School District RE -5J,
hereinafter referred to as "School District."
WITNESSETH
THAT FOR AND IN CONSIDERATION OF the covenants herein agreed to be kept and
performed, the School District hereby leases and agrees to provide unto the following described
premises and services based upon the following terms and conditions:
1. The School District will provide breakfast, lunches (including milk) and snacks for
approximately 52 children and approximately 6 adults at a cost of $1.31 per person for
breakfast, lunch at a rate of $2.40, and snack at a rate of $.85, Tuesday through Friday.
Lunch will include'' /z cup fruit and 1/2 cup vegetable to equal one (1) cup. Should a "plate
waste study" conducted by FENWC determine that an adjustment in portion is in order, fruit
and vegetable will be reduced to 1/3 cup each to equal 2/3 cup. Such reduction will carry a
$.15 reduction in cost for lunch.
2. The School District will submit a bill by the 10th of the month for the following services
provided: space, transportation, and ineais during the preceding month, tc Weld County
Department of Human Services, P.O. Box 1805, Greeley, Colorado 80632. The term of this
Agreement shall be from August 28, 2009 through May 21, 2009.
3. The School District agrees to provide meals according to the USDA Food Program
Regulations 7 CFR 226.20 (as administered by the Colorado Department of Public Health
and Environment, Child and Adult Care Food Program [CDPHE-CACFP]) and the CDPHE-
CACFP Center Manual and the Creditable Food Guide.
a. The School District agrees to maintain and provide records as stated in the Food Service
Management Contract (see attachment) as required by CDPHE-CACFP.
b. The School District agrees to provide FENWC with copies of menu one month in
advance so that the FENWC dietitian can review the menu.
4. FENWC agrees to notify the School District within the first hour of the beginning of the
school day if there is a variance in the number of meals needed for that day. Head Start
shall notify the School District one week before holidays and vacations that meals will not be
needed for that specified day(s), if different from submitted calendar.
5. FENWC agrees that it will throughout the term of this Agreement comply with the rules and
1.
regulations of the School District in effect from time to time as they may affect the Head Start
children.
6. The School District and FENWC mutually agree that this Agreement may be modified,
provided thirty (30) days written notice is provided to the other party. Any modifications
made to this Agreement must be agreed upon in writing and signed by appropriate officials.
7. FENWC will reimburse School District RE -5J for maintenance services and snow removal, to
include labor, equipment, materials, and supervision.
8. The School District and FENWC mutually agree to accept that this Agreement be terminated
by either party upon a thirty (30) day written notice being provided to the other party. This
Agreement will terminate immediately in the event of a loss of funding to the FENWC
Program.
9. In Kind:
Provision of the above outlined services at the designated costs represents an in kind
contribution of $ 0 to the FENWC program in the services
and amounts following; 0
$ 0 0 , $ 0 ; and
0 ,$ 0
10. Assurances:
a. The School District agrees that it is an independent contractor and that its officers,
employees, and clients do not become employees of Weld County, and therefore are
not entitled to any employee benefits as Weld County employees, as a result of the
execution of this Agreement.
b. FENWC, the Weld County Board of Commissioners, its officers and employees,
shall not be held liable for injuries or damages caused by any negligent acts or
omissions of the School District, its employees, volunteers, or agents while
performing this Agreement. The School District, its officers and employees, shall not
be held liable for injuries or damages caused by any negligent acts or omissions of
FENWC, or its employees, volunteers, or agents while performing functions as
described in this Agreement. The School District shall provide adequate liability and
worker's compensation insurance for all of its employees, volunteers agents
engaged in the performance of this Agreement, as required by the Colorado
Worker's Compensation Act. Likewise, FENWC, by and through the Board of Weld
County Commissioners, shall provide adequate liability and workers' compensation
insurance for all employees of FENWC engaged in the performance of this
Agreement.
c. 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.
d. The School District understands that monitoring and evaluation of the performance
of this Agreement shall be conducted by the Weld County Department of Human
Services and the results provided to the Weld County Board of Commissioners.
e. The School District and FENWC assure compliance with Title VI 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.
IN WITNESS WHEREOF, the parties hereunto have caused this Agreement to be duly
executed as of the day and year first herein above set forth.
WELD COUNTY BOARD OF
COUNTY COMMISSIONERS
<7
WELD COUNTY SCHOOL
DISTRICT RE -5J BOARD
OF DIRECTORS
William F. Garcia, Chairperson Chairperson
SP
ATTEST:
WELD COUNTY CLERK TO THE BOARD
By.
Deputy Clerk the Board
WELD COUNTY DEPARTMENT
OF HUMAN SERVICES
Dr. Martin Foster, Superintendent
,200`1-S:
PURCHASE OF SERVICES
THIS AGREEMENT, made and entered into this 17 day of August 2009, by and 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 Human Serviceigifamily EducatiionaSetwork
of Weld, County hereinafter referred to as "FENWC" and St. Vra l ?l oolPrgstA a -1J,
hereinafter referred to as "School District."
WITNESSETH -o
t..
THAT FOR AND IN CONSIDERATION OF the covenants herein agreed to be kgpt and
performed, the School District hereby agrees to provide FENWC the following described s rvices
based upon the following terms and conditions:
1. The School District will provide lunches and milk for approximately fifty (50) children at a cost
of two dollars and seventy-five cents ($2.75) per child, three dollars ($3.00) per adult
Tuesday through Friday, and breakfast for approximately thirty-five (35) children at one
dollar and thirty-five cents ($1.35), and snack for approximately thirty-five (35) children at a
rate of sixty-five ($.65) cents. Lunch will include 1/2 cup fruit and % cup vegetable to equal
one (1) cup. Should a "plate waste study" conducted by FENWC determine that an
adjustment in portion is in order, fruit and vegetable will be reduced to 1/3 cup each to equal
2/3 cup. Such reduction will carry a $.15 reduction in cost for lunch.
The School District will provide breakfast, lunches (including milk) and snacks on Mondays
for approximately twenty (20) Full Day -Full Year children and approximately three (3) adults
at the costs listed above for the FENWC classroom.
The School District will provide lunches and milk at a cost of two dollars and seventy cents
($2.70) per adult, breakfast and snack per adult are the same cost as for children.
2. FENWC agrees to notify the School District kitchen by 9:30 a.m. daily of the number of
children lunches and the number of adult lunches needed. These lunches will be picked up
by FENWC between 10:30 a.m. -11:15 a.m. FENWC shall notify the School District the day
before any holiday or vacation that meals will not be needed for those specified days.
Breakfasts are picked up at 8:00 a.m.
3. The School District will submit a bill for services to the Weld County Department of Human
Services, P.O. Box 1805, Greeley, Colorado, 80632, by the 10th of the month for services
O y.- ass9
provided during the preceding month. The School District agrees to provide information on
the cost of the quantity of lunches served to enable FENWC to comply with USDA
reimbursement requirements.
4. FENWC will apply directly to USDA for reimbursement for each child's meal by type (full
paid, free or reduced) each month. The School District will not receive USDA
reimbursement for these meals.
FENWC agrees to pay the School District for all meals served to Head Start children and
staff. Such reimbursement will be made within three (3) weeks of the receipt of a statement
of such charges from the School District. The rate will be as described in item #1 above.
5. FENWC agrees to provide the containers necessary for food transportation, and proper food
storage equipment and further agrees to provide for all transportation of the food from the
School District to the FENWC Center.
6. The School District agrees to provide meals and snacks according to the USDA Food
Program Regulations 7 CFR 226.20 (as administered by the Colorado Department of Public
Health and Environment, Child and Adult Care Food Program [CDPHE-CACFP]) and the
CDPHE-CACFP Center Manual and the Creditable Food Guide.
a. The School District agrees to maintain and provide records as stated in the Food Service
Management Contract (see attachment) as required by CDPHE-CACFP.
b. The School District agrees to provide FENWC with copies of menu one month in
advance so that the FENWC dietitian can review the menu.
7. The School District will maintain the following records for FENWC:
a. Menu/Production Records, including number of meals prepared, menu, portion sizes
of menu items and amounts of food used to prepare menu items. This is a
requirement at the preparation kitchen for all meals served.
b. Milk invoices. (Sent in monthly) to the Food Services Office).
8. FENWC will maintain a daily record of the number of meals served by type.
9. The term of this Agreement shall be from September 24, 2009 through June 3, 2010.
10. This Agreement may be amended at any time with the written mutual consent of both
parties.
11. The School District and FENWC mutually agree to accept that this Agreement may be
terminated by either party upon a thirty (30) day written notice being provided to the other
party; however, this Agreement will be terminated if Head Start or Colorado Preschool
Program funding is stopped.
12. In Kind:
Provision of the above outlined services at the designated costs represents an in kind
contribution of $ 0 to the FENWC program in the services and
amounts following; 0 , $_0
0 , $ 0 ; and 0
$ 0
13. ASSURANCES:
a. The School District agrees that it is an independent contractor and that its officers,
employees, and clients do not become employees of Weld County, and therefore are not
entitled to any employee benefits as Weld County employees, as a result of the
execution of this Agreement.
b. Weld County, the Board of County Commissioners of Weld County, its officers and
employees, shall not be held liable for injuries of damages caused by any negligent
ads or omissions of the School District or its employees, volunteers, or agents while
performing functions as described in this Agreement. The School District shall
indemnify, defend and hold harmless Weld County, the Board of County
Commissioners of Weld County, its officers and employees for any loss occasioned
as a result of the performance of this Agreement by its employees, volunteers,
clients and agents. The School District shall not be held liable for injuries or
damages caused by any negligent acts or omissions of Weld County, the board of
County Commissioners of Weld County, its employees, volunteers, or agents while
performing this Agreement. The School District shall provide Worker's
Compensation for all employees of the School District engaged in the performance
of this Agreement, as required by the Colorado Worker's Compensation Act.
Likewise, FENWC, by and through the Board of County Commissioners, shall
provide adequate liability and Worker's Compensation Insurance for all its
employees, volunteers and agents engaged in the performance of this Agreement.
c. No officer, member, or employee of Weld County and no member of their governing
bodies shall have any pecuniary interest, direct of indirect in the approved
Agreement of the proceeds thereof.
d. The School District understands that monitoring and evaluation of the performance
of the Agreement shall be conducted by the Weld County Department of Human
Services and the results provided to the Board of County Commissioners of Weld
County.
e. The School District and FENWC assure compliance with Title VI of the Civil Rights
Acts 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 the approved Agreement.
f. No portion of this Agreement shall be deemed to constitute a waiver of any
immunities the parties of their officers or employees may possess, nor shall any
portion of this Agreement be deemed to have created a duty of care with respect to
any persons not a party to this Agreement.
9.
No portion of this Agreement shall deemed to created an obligation on the part of the
County of Weld, State of Colorado, to expend funds not otherwise appropriated in
each succeeding year.
14. SEVERABILITY:
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,
paragraph, sentences, clauses, or phrases might be declared to be unconstitutional or
invalid.
IN WITNESS WHEREOF, the parties hereunto have caused this Agreement to be duly
executed as of the day, month, and year first hereinabove set forth.
WELD COUNTY BOARD OF
COMMISSIONERS
ST. VRAIN VALLEY SCHOOL DISTRICT RE -1J
William F. Garcia, Chairperson Shelly A Nutrition Services Director
SEP
ATTEST:
WELD COUNTY CLERK COUNTY
TO THE BOARD
/411/4
By: Deputy CI rk to the Board
WELD COUNTY DEPARTMENT OF
HUMAN SERVICES
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