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Home My WebLink About20080837.tiff RESOLUTION RE: APPROVE PURCHASE OF SERVICES AGREEMENT FOR MIGRANT/SEASONAL HEAD START PROGRAM MEALS AND AUTHORIZE CHAIR TO SIGN - SODEXHO 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 for Migrant and Seasonal Head Start Program Meals 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, Family Educational Network of Weld County, and Sodexho, commencing March 3, 2008, and ending October 31, 2008, 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 Purchase of Services Agreement for Migrant and Seasonal Head Start Program Meals 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, Family Educational Network of Weld County, and Sodexho, 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 19th day of March, A.D., 2008, nunc pro tunc March 3, 2008. BOARD OF COUNTY COMMISSIONERS -, ---2_1, --,-2_A_,_,a ft WELD COUNTY, COLORADO ieti :ATTEST: '° ^ �' ,' 4 illiam H. Jerke, Chair Weld County Clerk to the Board v ` BY: Al 00162 ' ' 9 EXCUSED °�� Robe Pro-Tem - De ty Cler the Boards �[> William F. Garcia O D F EXCUSED avid E. ounty Attorney c 'iW 4 ::::maher Date of signature: 3 S 2008-0837 HR0079 0 @ ..tiS ( I ( a?/oS/o8' MEMORANDUM Ifr DATE: March 3, 2008 "ilkTO: Board of County Commissioners j/, �� FROM: Walt Speckman, Executive Director v COLORADO SUBJECT: Purchase of Services Agreement between FENWC and Sodexho Presented for approval before the Weld County Board of County Commissioners is a Purchase of Services Agreement between FENWC's Migrant/Seasonal Head Start Program hereinafter referred to as FENWC in Grand Junction and Sodexho hereinafter referred to as"Food Center." The Food Center agrees to provide meals for seventy(70) Migrant/Seasonal Head Start children and approximately twenty-one (21) adults. Breakfast will cost$1.67 per meal Lunch will cost$3.08 per meal Snacks twice a day at$.92 per snack The Food Center agrees to meet the CACFP requirements as well as Migrant/Seasonal Head Start requirements. . FENWC agrees to transport meals from the Food Center to the Head Start Center. . FENWC will apply directly to USDA for reimbursement for each child's meal. The term of this Agreement shall be from March 3, 2008 through October 31, 2008. If you have any questions please contact Janet Flaugher, Director, @ 353-3800, ext. 3340. 2008-0837 PURCHASE OF SERVICES THIS AGREEMENT, made and entered into this J1 day of February, 2008, by and between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County Division of Human Resources, Family Educational Network of Weld County's Migrant/Seasonal Head Start Program, hereinafter referred to as "FENWC" and Sodexho hereinafter referred to as "Food Center." WITNESSETH THAT, for and in consideration of the covenants herein agreed to be kept and performed, the Food Center hereby agrees to provide to FENWC, the following described services based upon the following terms and conditions. 1. The Food Center will provide Breakfast for approximately seventy (70) Migrant/Seasonal Head Start children and approximately twenty-one (21) adults at a cost of one dollar and sixty seven cents($1.67) per meal. Price may be subject to increase pursuant to board action. Breakfast must meet the CACFP meal pattern requirements. (see attachment) 2. The Food Center will provide lunch for approximately seventy (70) Migrant/Seasonal Head Start children and approximately twenty-one (21) adults at a cost of three dollars and eight cents ($3.08) per meal. Price may be subject to increase pursuant to board action. Lunch must meet the CACFP meal pattern requirements. (see attachment) 3. The Food Center will provide two (2) snacks daily with 100% juice, or milk for approximately seventy (70) Migrant/Seasonal Head Start children and , approximately twenty-one (21)adults at a cost of ninety-two cents($.92)per snack. Price may be subject to increase pursuant to board action. Snack must meet the CACFP meal pattern requirements. (see attachment) 5. FENWC will transport meals from the Food Center to the Head Start Center. 6. The Food Center will submit a bill for services by the 10th of the month for services provided the preceding month. The Food Center agrees to provide information on the cost of the quantity of meals served to enable FENWC to comply with USDA reimbursement requirements. The bill should be submitted to: The Family Educational Network of Weld County Attn: Health Specialist PO Box 1805 Greeley, Colorado 80632 7. FENWC will apply directly to USDA for reimbursement for each child's meal type (full paid, free, or reduced) each month. The Food Center will not receive USDA reimbursement for these meals. 8. FENWC agrees to pay the Food Center for all meals served and ala carte to the Migrant/Seasonal Head Start children, Head Start children and staff. Such reimbursement will be made within three (3) weeks of the receipt of a statement of such changes from the Food Center. The rate will be as described in paragraphs 1, 2, 3 and 4, above. 9. The Food Center 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 Food Center agrees to maintain and provide records as stated in the Food Service Management Contract(see attachment)as required by CDPHE-CACFP. b. The Food Center agrees to provide FENWC with copies of menu one month in advance so that the FENWC dietitian can review the menu. 10. The Food Center 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 required at the preparation kitchen for all meals served. b. The records will be made available upon request to FENWC for audit and review purposes. The Food Center will maintain the records within the record retention guidelines mandated by USDA. 11. FENWC will maintain a daily record of the number of meals served by type. 12. 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 created a duty of care with respect to any persons not a party to this Agreement. 13. No portion of this Agreement shall be deemed to create an obligation on the party of the County of Weld, State of Colorado, or Food Center to expend funds not otherwise appropriated in each succeeding year. 14. 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 effect the validity of the remaining options. The parties hereto declare that they would have entered into this Agreement and each and every section, subsections, 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. 15. The term of this Agreement shall be from March 3, 2008 through October 31,2008. 16. This Agreement may be amended at any time with the written mutual consent of both parties. 17. The Food Center 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 immediately if Migrant Head Start funding is stopped. 18. Assurances: a. The Food Center agrees that it is an independent contractor and that it's 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 Food Center, the Board of action, its employees, volunteers or agents while performing this Agreement. The Food Center, its officers and employees, shall not be held liable for injuries or damages caused by any negligent acts or omissions of FENWC, the Weld County Board of Commissioners, its officers and employees. The respective contracting parties shall provide such liability insurance and worker's compensation coverage as each deems appropriate, and as required by the Colorado Worker's Compensation Act. c. No officer, member, or employee of the Weld County and no member of their governing bodies shall have any pecuniary interest, direct or indirect, in the approved Agreement or proceeds thereof. d. The C od Ce..tar understands that mnnitcrinn and e'ia!uatin; of the performance of this Agreement shall be conducted by the Weld County Division of Human Resources and the results provided to the Weld County Board of Commissioners. e. The Food Center and FENWC assure compliance with the Title VI of the Civil rights Act of 1986, and 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 Agreements. IN WITNESS WHEREOF, the parties hereunto have caused this Agreement to be duly executed as of the day, month, and year first herein above set forth. WELD COUNTY BOARD OF SODEXHO COUNTY COMMISSIONERS William H. Jerke, Chairperson Mathew Dokoupil MA/R�1 9 2008 ATTEST: /�C! .may IM°`;" . t ' ,,WELD COUNTY TO THE CLE � �� IR61 �, e By: Deputy rk to the Board 4, ft .Y ATTESTING TO BOARD OF COUNTY COMMISSIONER SIGNATURES ONLY WEL C¢ N DIV SION OF HUMAN RESOURCES Walter J. Speckman, Executive Director &ce8 -CJ'37 cc T s Z CI C 3 u _ T .0 tctt. O c '" CS N NE t C 0 .2 m bA 0 N° 40 1 ° ° �`' N O o .n O O b�0 O E O .. o s o p..' C Et; oo d' 7 -, po 7 t Cr nata' " N N .7 O H u v "t y o pm o os O e rT� U m `5 :0 ° G �N F'� 7:1r " 5 ono ca N /.��l CI N V N N V C 'd '[ ¢ = ^ , W O O 0 O co! fluil Co) F 'o e m o .0 vi yC O o N V N N U a) ai y/� rd a . 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