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Home My WebLink About20073186.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 25, 2007, and ending May 22, 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 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 10th day of October, A.D., 2007, nunc pro tunc September 25, 2007. _ \BOARD OF COUNTY COMMISSIONERS ` ✓ WE COUNTY, COLORADO ATTEST: IL �y Bs t ft 41°� V.nA c °Cr)) David E. Long, Chair Weld County Clerk to the +. ?eke, Pro-Tem 14 BY: , �� A William H.Veto N ' L De ty Cle to the Boar le William F. Garcia APPR ED RM: EXCUSED Robert D. Masden ou y Attorney EXCUSED Douglas Rademacher Date of signature: 16/3116 7 2007-3186 CO -, -/S C I o--t iJ HR0078 //- oa-07 MEMORANDUM rPf1, a DATE: September 27, 2007 TO: Board of County Commissioners 1 wily O FROM: Walt Speckman, Executive Director lih# • 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$1.50 - Lunch $2.15—Snack $ .75 . (Adults) Breakfast $1.75— Lunch $2.75—Snack $ .75 The School District will also provide snow removal at a rate of three hundred dollars ($300.00) 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 25, 2007 through May 22, 2008. If you have any questions please contact Janet Flaugher, Director, @ 353-3800, ext. 3340. 0 T2 0 0 ar- m Cr' Esc cn 71 _ i oc m 2,.. 0 �-� 2007-3186 PURCHASE OF SERVICES THIS AGREEMENT, made and entered into thisr,2,-- day of September, 2007, 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 fifty cents ($1.50) perchild for breakfast, lunch at a rate of two dollars and fifteen cents ($2.15), and snack at a rate of seventy-five cents ($.75),and approximately 10 adults at a rate of one dollar and seventy- five cents($1.75)for breakfast, lunch at a rate of two dollars and seventy-five cents($2.75), and snacks at a rate of seventy-five cents ($.75)to FENWC classrooms,Tuesday through Friday. Lunch will include '''A cupfruit 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. 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 (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 024T7-.3/i 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 thefood 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 ($300.00) per year. Rates may be adjusted annually. 10. FENWC will reimburse the School District for building maintenance services at cost for labor, time, and materials. 11. The term of this Agreement shall be from September 25, 2007 throughMay 22, 2008. 12. This Agreement may be amended at any time with the written mutual consent of both parties. 13. The School District and FENWC mutually agree to accept that either party upon a thirty(30) day written notice being provided to the other party may terminate this Agreement, however, this Agreement will be terminated if Head Start Program funding is stopped. 14. In Kind: Provision of the above outlined services at the designated costs represents an inkind contribution of$ 0 to the FENWC program in the services and amounts following; 0 , $_0 0 , $_0 ; and 0 $ 0 15. 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 theAgreement 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. 16. 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 hereirabove set forth. WELD COUNTY BOARD OF WELD COUNTY SCH OL COUNTY COMMISSIONERS DISTRICT RE-3J David E. Long, Chairperson S ool District RE-3J, Board Chair OC 1U2U07 4i li,i � l i i�V� l Dr. Marvin Wade, Superintendent Pt ( J 4 n op CLERK TO THE BOARD II By: �1 4 r A De ty Cle to the Boar WELD COUNTY DIVISION OF HUMAN SERVICES Waltiii*Iter n, Executive Director Hello