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Home My WebLink About20053114.tiff RESOLUTION RE: APPROVE PURCHASE OF SERVICES AGREEMENT FOR HEAD START MEALS 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 Head Start 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 Weld County School District RE-3J, commencing August29, 2005, and ending August 29,2006,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 Head Start 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 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 24th day of October, A.D., 2005, nunc pro tunc August 29, 2005. �, ► / BOARD OF COUNTY COMMISSIONERS 4�\ WELD COUNTY, COLORADO ATTEST: Atedei '=t�: • MIliam H. e, Chair Weld County Clerk to the a - M. eile,fro-Tr BY: 1,11+ D uty Cler to ia-1 the Boar Uv , D A� JED AS TO M: a �n - I"U Robert D. Masde Coun ttorne y n Glenn Vaad Date of signature: ID 13I /05 2005-3114 HR0076 0 ' NS ( w u 5/ 7/-03 oS' MEMORANDUM a rttivil DATE: October 17, 2005 WIlDTO: Board of County Commissioners IIl ,� O • FROM: Walt Speckman, Executive Director ;t COLORADO SUBJECT: Purchase of Services Agreement Enclosed for Board approval is a Purchase of Services Agreement between the Family Educational Network and Weld County School District RE-3-J. The School District will provide the following: . Breakfast and milk for approximately forty-five children at a cost of$1.50 per child, Tuesday through Friday . Snacks for approximately thirty children at a cost of $.75 per child, Tuesday through Friday. . Lunches and milk for approximately thirty children at a cost of$2.15 per child, Tuesday through Friday. . Adult lunches for approximately 10 at a rate of$2.75, and breakfast at a rate of$1.75, and snack at a cost of$.75. The District will also provide breakfast, lunches (including milk) and snacks on Mondays for approximately fifteen children and approximately 5 adults at the costs listed above. FENWC agrees to pay the School District for all meals served to Head Start children and staff. The term of this Agreement is from August 29, 2005 through August 29, 2006. If you have any questions please contact Janet Flaugher, Director, @ 353-3800, ext. 3340. 2005-3114 PURCHASE OF SERVICES THIS AGREEMENT, made and entered into this )(o day of September, 2005, 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 forty-five (45) children at a cost of one dollar and fifty cents ($1.50) per child 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 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 fifteen (15) children and approximately 5 adults at the costs listed above. 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 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 ($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 August 29, 2005 through August 29, 2006. 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 or Colorado Preschool 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-3J William H. Jerke, Chairperson 10/24/2005 0 Dr. Marvin Wade, Superintendent ... .. /0014 TY CLERK TO THE BOARD By: .IL.Lr "/1 ttil �R �A.uty Clerk to the Boat' WELD COUNTY DIVISION OF HUMAN///` SERVICES Wa er J. Speckman, Executive Director 32OO5"-.3// i FOOD SERVICE MANAGEMENT CONTRACT This Agreement made this c (p day of )6 p 4- . . 247,5- ,by and between I, hill/ e AduLt Care Center's Nam 0 '2 I4 o S- CD('ee Ie I , 0th Tao 1 (Child/Adult Care Center's Address,City,State.and Zip Code) hereinafter referred to as the Center; andLL1(1 045.14-14_44 S(.Ji j1 D. Si .(LE3 j. (Fgod Service Management dompany/SchoollSchool District's Name) (Ici Lo 'L)r 6orf t , i IA P e-'neS'L& r , (10 crx(ci 3 • (Food Service Management Company.'School!School strict's Address,City,State.and Zip Co d ) hereinafter referred to as the FSMC. The terms of this agreement shall be for the purposes of providing bulk or unitized meals and snacks to the Center according to the USDA Food Program Regulations 7 CFR 226.20(as administrated by the Colorado Department of Public Health and Environment.Child and Adult Care Food Program [CDPHE- CACFPII and the CDPHE-CACFP Center Manual and the Creditable Food Guide. Agreed • It is agreed that the FSMC shall prepare bulk or unitized snacks and meals for the Center. • This Agreement shall be effective for one year,from Ae.--C�- �I . 200S' through PLA . 6776) ,20ncp. • This Agreement is not in effect until signed by all parties. • That a copy of the Agreement between the Center and FSMC shall be submitted to the CDPHE- CACFP prior to the beginning of this agreement. • This Agreement is entered into as required by the procurement regulations 7 CFR 226.21 and 7 CFR 226.22. • This Agreement is contingent upon the availability of funds appropriated for the CACFP in a sufficient amount. • Any addendums made to this standard agreement are attached and made a part of the Agreement. The addendums shall be submitted to the CDPHE-CACFP prior to the beginning of this agreement. Terms of Agreement • The FSMC shall provide the specified meals to the centers listed on Site Information Form that is attached to the contract. • The FSMC shall conform to all health, sanitation, and service requirements as specified by local and state agencies.The FSMC shall have the required health certification for the facilities it uses to prepare the meals serviced to CACFP participants and ensure health and sanitation requirements are met at all times. • The FSMC shall operate in accordance with current program regulations, 7 CFR 226.20. • All meals and snacks must meet all nutritional requirements as stated in USDA Food Program Regulations,7CFR Part 226.20. J:ICACFPCommnn\FORMS1New Center&Nate S:te Apphcau on FarmsApplicauon FormAFSMC•Tots:.nsv1sad IU•20U4.doc Page 2 of 4 • Weekly menus meeting the meal and snack requirements specified in USDA Regulations, 7CFR Part 226.20, must be received by the Center j () working days prior to the week of service. Meal and snack menus will be reviewed by the Center to insure nutritional standards, variety, and suitability for the age group. • The Center shall call in number of meals 1 days in advance. • Menus are subject to change by the FSMC due to outages and shortages beyond its control. The Center must receive prior notification in such instances. • All special meals and/or snacks requested by the Center shall be submitted the FSMC in writing no later than 1 day(s)prior to being served and are subject to the FSMC's approval,based on FSMC's ability to provide the special service. This notice shall include any specific instructions for preparation. • Donated commodities (circle one) will/v- I not •c used in the preparation of meals. • The FSMC may not subcontract for the total meal,with or without milk, or for the assembly of the meal. • All food will be delivered by the FSMC or picked up by the Center in accordance with the schedule included on the Site Information Form that is attached. • The Center reserves the right to demand replacement of, or refuse payment for,meals or snacks that do not meet USDA nutritional requirements, or are spoiled or unwholesome at the time of delivery, or are delivered outside of the agreed up delivery time. • Total prices shown arc"per child or adult" and are as follows: Age Breakfast Lunch Dinner Snacks Age 1-2 Age 3-5 1 1. 5-0 119 S b 1 S" • Age 6-12 Adult I t I. 7S"' 49. 2 S 4 . 7 S-- These prices are for snacks and meals that meet USDA-CACFP meal pattern requirements, 7 CFR 226.20,for appropriate ages of children and adults. • The FSMC shall provide to the Center on a monthly basis: • Itemized statement showing daily quantities, unit price and total bill for food provided. • Daily record of the numbers of breakfasts, lunches, suppers, and snacks provided each day. • Delivery invoices signed by designee of the Center certifying quantity and quality. • The Center shall remit payment for invoices submitted in accordance with the proceeding paragraph within calendar days. • Any increase in meal prices during the term of this Agreement would initiate discussion between the FSMC and the Center. Any and all adjustments in rates,provisions, or program will be by mutual agreement between the FSMC and the Center. • The FSMC shall maintain such records as follows to document food costs: 1^,CACFPCommon\FORMS\New Center&New Sitc Application Fomss\Applieovon Fore,\rSMC-Totaleevieedl0-2004.doc Page 3 of 4 • Delivery invoices signed by a designee of the Center certifying that quantities and quality meet specifications. • Itemized statements showing quantities,unit prices and total bill for food delivered each month. • Receipts forpavment of food service. s Records of discounts if not reflected on itemized bill. • Menu and production records reflecting actual types and amounts of food delivered. • Cycle menus to be used. If these are changed during the contract period,revised menus shall be submitted to the Center. • These records shall be available for inspection and audit by representatives of the CDPHE- CACFP,of the USDA,and of the U.S. General Accounting Office at any reasonable time and place for a period of 3 1/3 years from the date of receipt of fmal payment under the contract, or in cases where an audit requested by the CDPHE-CACFP or the USDA remains unresolved,until such time as the audit is resolved. • In the event that the FSMC shall fail to carry out and comply with any of the covenants, conditions, and agreements to be preformed by it hereunder,or to comply with any reasonable requirements adopted by the Center in respect hereto,the Center may notify the FS1VIC of such failure or default and demand that the same be remedied within .3 O days and in the event of failure of the FSMC to so remedy the same,within said period,the Center shall thereupon have the right to cancel and terminate this Agreement without further notice to the FSMC. • The FSMC certifies,by execution of this contract that neither it nor its principals is presently debarred, suspended,proposed for debarment, declared ineligible,or is voluntarily excluded from participation in the transaction by any Federal Department or Agency. • During the performance of this contract.the contractor will comply with Executive Order 11246, entitled "Equal Employment Opportunity,"as amended by Executive Order 11375,and as supplemented in Department of Labor regulations(41 CFR part 60).This clause is applicable unless the contract is exempt under the rules,regulations,and relevant orders of the Secretary of Labor(41 CFR part 60). 30 This agreement may be terminated by either party upon days written notification. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day, month, and year indicated below. Center Official's Signature and Title Date Food Service Contractor Official's Signature and Title Date • J.\CACFPCor rnon\FORMS`.New•Center&New Site Application Formti.Appliatirn Form,IFSMC•Toluljevtauil t-2UO4.rbo Page 4 of FOOD SERVICE MANAGEMENT CONTRACT SITE INFORMATION FORM (Make additional copies if necessary) Site Name: I-4 ‹,t)Y•Th i PM , 'J- Contact Person: (V);(-v,,,,,D Ar,,x' Address: :::Zr..) 1' )6,. k. Phone: ( - )5 - Ociq W L1Ct Soy-, , 0O . SC V DELIVERY/PICKUP TIME FOR EACH MEAL MEALS TO BE PROVIDED tch.k a0 that appiyi MEAL FSMC DELIVER OR I TIME CENTER PICK UP Breakfast Breakfast Deliver❑ Pick up` it SAM AM Snack ❑ AM Snack Deliver D Pick up D Lunch Lunch Deliver 0 Pick up`5p ` 1 i eid-j PM Snack 9y PM Snack Deliver 0 Pick upp i p//r Supper D Supper Deliver D Pick up D I Site Name: Contact Person: I Address: Phone: ( 1 - • DELIVERY/PICKUP TIME FOR EACH MEAL MEALS TO BE PROVIDED,Check all that apply) MEAL FSMC DELIVER OR I TIME CENTER PICK UP Breakfast D Breakfast j Deliver 0 Pick up U AM. Snack D AM Snack Deliver 0 Pick up O i Lunch ❑ Lunch Deliver 0 Pick up O I I PM Snack ❑ • , PM Snack Deliver U Pick up ❑ Supper ❑ Supper Deliver❑ Pick up U Site Name: Contact Person: Address: Phone: ( 1 - 'I DELIVERY/PICKUP TIME FOR EACH MEAL MEALS TO BE PROVIDED(Cheek all that apply) MEAL FSMC DELIVER OR TIME i CENTER PICK LT Breakfast ❑ Breakfast Deliver D Pick up ❑ ! ,AM Snack ❑ • AM Snack I Deliver U Pick up❑ Lunch ❑ Lunch , Deliver 0 Pick up ❑ PM Snack U PM Snack I Deliver 0 Pick up 0 • Supper❑ Supper I Deliver 0 Pick up U J:ICACPI'Comr onWORMS\New Center&New Site Applieiatio::Forns\Applicatwn Forme\FSMC-Totai.revisedI0-200a.doc Hello