HomeMy WebLinkAbout20050033.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
August 30,2004,and ending August 30,2005,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 5th day of January, A.D., 2005, nunc pro tunc August 30, 2004.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
EL
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1861 ( : , William H. rke, Chair
�'� n lerk to the Board
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M. Bile, Pro-
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D i E. Lo
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Rob D. Masde
FerAttor
Glenn Vaad
Date of signature: 4 -
2005-0033
HR0076
72(7 f-S ��Jc G;/
MEMORANDUM
frThDATE: December 27, 2004
TO: Board of County Commissioners \,
WIlDC. 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 45 children
and 10 adults Tuesday through Friday.
The cost for these services is:
. Breakfast$1.35 - Lunch $1.90-Snack $ .45 for children.
. Breakfast $1.50 — Lunch $2.50-Snack $ .45 for adults.
. The School District will provide breakfast, lunch, and snacks on Mondays for
approximately 15 children and approximately 5 adults at the cost listed above.
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 August 30, 2004 through August 30, 2005.
If you have any questions please contact Janet Flaugher, Director, @ 353-3800, ext. 3340.
2005-0033
PURCHASE OF SERVICES y�I cc
THIS AGREEMENT, made and entered into this p day ofPuy�004, 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 thirty-five cents ($1.35) per
child for breakfast, lunch at a rate of one dollar and ninety cents($1.90), and snack at a rate
of seventy-five cents ($.75), and approximately 10 adults at a rate of one dollar and fifty
cents ($1.50)for breakfast, lunch at a rate of two dollars and fifty cents ($2.50),and snacks
at a rate of seventy-five cents ($.75) to FENWC classrooms, Tuesday through Friday.
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.
aoOs-003.3
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 United
States Department of Agriculture's Child Adult Care Food Program as shown in Attachment
A hereto, which is hereby incorporated into this Agreement.
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. 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.
9. FENWC will reimburse the School District for building maintenance services at cost for
labor, time, and materials.
10. The term of this Agreement shall be from August 30, 2004 through August 30, 2005.
11. This Agreement may be amended at any time with the written mutual consent of both
parties.
12. 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.
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
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.
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 WELD COUNTY SCHOOL
COUNTY COMMISSIONERS DISTRICT RE-3J
, ant_ci
T•iilliam H. Jerke, Chairperson 1/5/2005
School District RE-3J, Board Chair
WELD COUNTY DIVISION OF
HUMAN SERVICES
4- 1� 't
v rrh. R
Walter J. Speckman, Executive Director Dr. Marvin Wade, Superintendent
ATTEST: L /1 4 *VE'
WELD COUNTY CLERK TO THE • a 'ft
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By. �i ' asa , ;ts.c�.
Deputy Clerk to the Board :. k orH��l,
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