HomeMy WebLinkAbout20081484.tiff RESOLUTION
RE: APPROVE PURCHASE OF SERVICES AGREEMENT FOR MEALS AND SERVICES AND
AUTHORIZE CHAIR TO SIGN -WELD COUNTY SCHOOL DISTRICT RE-3J
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
Meals and 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 Human Services, Family
Educational Network of Weld County, and Weld County School District RE-3J, commencing
September 2, 2008, and ending May 20, 2009, 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 Meals and 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 Human Services, Family Educational Network of Weld
County, and Weld County School District RE-3J 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 May, A.D., 2008.
c „=:. BOARD OF COUNTY COMMISSIONERS
9 : 8 WELD COUNTY, COLORADO
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ATTEST: 7r � ''. � ��
X861 ° i' 1 W' iam H. Jerke, Chair
Weld County Clerk to th t o.. . �
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Robert a. Masden, Pro-Tem
BY: I l' i� �ar� �► �. j ,'(:/
Deputy Clerk t. the Board _ L L ,
Willi Garcia
AP O DA , M: C ,
David E. Long
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Date of signature: t'
2008-1484
HR0079
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MEMORANDUM
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DATE: May 6, 2008
ITO: Board of County Commissioners cobk
O FROM: Walt Speckman, Executive Director•
COLORADO SUBJECT: Purchase of Services between FENWC and Weld
County School District RE-3-J
Presented for approval before the Weld County Board of County Commissioners is a Purchase
of Services Agreement between FENWC and Weld County School District RE-3J.
The School District will provide breakfast, lunch and snack for approximately 60 children
and 10 adults Tuesday through Friday.
The cost for these services is:
(Children) Breakfast$1.75- Lunch $2.40-Snack$ 1.00
(Adults) Breakfast$2.00—Lunch $3.00-Snack $ 1.00
The School District will also provide snow removal at a rate of three hundred dollars ($325.00)
per year.
FENWC will reimburse the School District for building maintenance services at cost for labor,
time and materials.
The term of this Agreement shall be from September 2, 2008 through May 20, 2009.
If you have any questions please contact Janet Flaugher, Director, @ 353-3800, ext. 3340.
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2008-1484
PURCHASE OF SERVICES
u
THIS AGREEMENT, made and entered into this 19 ' day of May 2008, 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 Division of Human
Resources' Family Educational Network of Weld, County hereinafter referred to as
"FENWC" and Weld County School District RE-3J, 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 agrees to provide FENWC the following
described services based upon the following terms and conditions:
1. The School District will provide breakfast, lunches (including milk) and snacks for
approximately sixty (60) children at a cost of one dollar and seventy-five cents
($1.75) per child for breakfast, lunch at a rate of two dollars and forty cents ($2.40),
and snack at a rate of one dollar ($1.00), and approximately 10 adults at a rate of
two dollars($2.00)for breakfast, lunch at a rate of three dollars($3.00), and snacks
at a rate of one dollar($1 .00)to FENWC classrooms, Tuesday through Friday only
on days that the district has student contact days. Lunch will include''IA cup fruit and
''A 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 for services to the Weld County Division of
Human Services, P.O. Box 1805, Greeley, Colorado, 80632, by the 10th of the
month for services 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.
3. FENWC will apply directly to USDA for reimbursement for each child's meal by type
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(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 FENWC 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.
4. 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.
5. The School District agrees to provide meals in accordance with the regulations of
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.
6. 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).
7. FENWC will maintain a daily record of the number of meals served by type.
8. The District will assist FENWC to encourage parent involvement in the review of
menus through participation at parent committee meetings and provision of parent
activities which might include a public meeting.
9. FENWC will reimburse the School District for snow removal at a rate of three
hundred dollars ($325.00) per year. Rates may be adjusted annually.
10. FENWC will reimburse the School District for building maintenance services at cost
for labor, time, and materials.
11. The term of this Agreement shall be from September 2, 2008 through May 20, 2009.
12. This Agreement may be amended at any time with the written mutual consent of
both parties.
13. The School District and FENWC mutually agree to accept that either party upon a
thirty (30) day written notice being provided to the other party may terminate this
Agreement, however, this Agreement will be terminated if Head Start Program
funding is stopped.
14. 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 acts 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 or indirect in the
approved Agreement of the proceeds thereof.
d. The School District understands that the Weld County Division of Human
Resources shall conduct monitoring and evaluation of the performance of the
Agreement 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 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.
g. 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.
15. 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 WELD COUNTY SCHOOL
COUNTY COMMISSIONERS DISTRICT RE-3
71-,
William H. Jerke, Chairperson S hoof District RE-3J, Board Chair
MAY 1 9 2008
Dr. Marvin Wade, Superintendent E La
LadATTEST:
WELD COUNTY CLERK TO T
By:
Deputy Clerk to the Bo. >�
ATTESTING TO BOARD OF COUNTY
COMMISSIONER =NATURES ONLY
WELD COUNTY DIVISION OF
HUMAN SERVICES e#Wal J. peckman, Executive Director
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