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HomeMy WebLinkAbout20042055 RESOLUTION RE: APPROVE PURCHASE OF SERVICES AGREEMENT FOR MIGRANT HEAD START MEALS AND AUTHORIZE CHAIR TO SIGN -ARAMARK CORRECTIONAL SERVICES, INC. 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 for Migrant 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 ARAMARK Correctional Services, Inc., commencing June 1, 2004, and ending September 17, 2004, 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 for Migrant 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 the ARAMARK Correctional Services, Inc. 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 21st day of July, A.D., 2004, nunc pro tunc June 1, 2004. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO lE 1L EXCUSED �. �� Robert D. Masden, Chair ' 1961 t a� n y`' lerk to the Board %,it• 1.4 7 .� William H. ke, Pro-Tem .uty Clerk to the Board 72 M. eil,ej APP AS TO • David . Long o ty Attorney Glenn Vaad Date of signature: 3-_-4' 2004-2055 HR0075 or ., °�^�� o£s-010-O61 MEMORANDUM a A4-8--. (0: DATE: July 12, 2004 TO: Board of County Commissioners O FROM: Walt Speckman, Executive Director C. COLORADO SUBJECT: Purchase of Services Agreement Enclosed for Board approval are three original Purchase of Services Agreements between the Family Educational Network of Weld County's 'Migrant/Seasonal Head Start Program, hereinafter referred to as FENWC and ARAMARK Correctional Services, Inc. hereinafter referred to as "Food Center." The Food Center will provide Breakfast, Lunch, Snack, and Supper for approximately one hundred fifty three (153) Migrant/Seasonal Head Start children, approximately forty-five (45) Full Day/Full Year Head Start children, and approximately fifty-seven (57) adults. Breakfast at a cost of$1.25 per meal Lunch at a cost of$1.75 per meal Snack at a cost of$0.50 per snack Supper at a cost of$1.75 per meal The Food Center agrees to provide meals in accordance with the regulations of the United States Department of Agriculture's Child Care Food Program. FENWC agrees to pay the Food Center the above costs per meal, as well as transport the meals from the Food Center to the Migrant/Seasonal Head Start Centers. FENWC will apply directly to USDA for reimbursement for each child's meal type. The Food Center will not receive USDA reimbursement for these meals. The term of this Agreement is from June 1, 2004 through September 17, 2004. If you have any questions please contact Janet Flaugher, Director, @ 353-3800, ext. 3340. 2004-2055 PURCHASE OF SERVICES THIS AGREEMENT, made and entered into this cQ/6 day of 2004, 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 Full Day/Full Year Head Start and Migrant/Seasonal Head Start Program, hereinafter referred to as "FENWC"and ARAMARK Correctional Services, Inc. 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 one hundred fifty three (153) Migrant/Seasonal Head Start children, approximately forty-five (45) Full Day/Full Year Head Start children and approximately fifty-seven(57)adults at a cost of$1.25 per meal. Price may be subject to increase pursuant to board action. 2. The Food Center will provide lunch for approximately one hundred fifty three (153) Migrant/Seasonal Head Start children, approximately forty-five (45) Full Day/Full Year Head Start children and approximately fifty-seven(57)adults at a cost of$1.75 per meal. Price may be subject to increase pursuant to board action. 3. The Food Center will provide two (2) snacks daily with 100% juice, or milk for approximately one hundred fifty-three (153) Migrant/Seasonal Head Start children, approximately forty-five (45) Full Day/Full Year head Start children and approximately fifty-seven (57) adults at a cost of $0.50 per snack. Price may be subject to increase pursuant to board action. 4. The Food Center will provide supper for approximately one hundred fifty-three(153) Migrant/Seasonal Head Start children and forty-five (45) adults at a cost of $1.75 per meal at such time that the program extends its hours to 6:00 a.m. —6:00 p.m. Price may be subject to increase pursuant to the board action. 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 during 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 c2Oo y-c2OS5 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 charges from the Food Center. The rate will be as described in paragraphs 1, 2, 3 and 4, above. Such payment shall be sent to: ARAMARK Correctional Services, Inc. P.O. Box 406019 Atlanta, GA 30384-6019 9. The Food Center agrees to provide meals in accordance with the regulations of the United States Department of Agriculture's Child Care Food Program as shown in attachment A hereto, which is hereby incorporated into this Agreement. 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 affect 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 June 1, 2004 through September 17, 2004. 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 Food Center understands that monitoring and evaluating 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. 19. Notice: All notices or other communication hereunder shall be deemed to be duly given when made in writing and delivered in person or deposited in the United States mail, postage prepaid, certified mail, return receipt requested and addressed to the party at the following addresses: FENWC ARAMARK Correctional Services, Inc. 1801 South Meyers Road, Suite 300 Oakbrook Terrace, IL 60181 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 COMMISSIONERS Ti 41-1-t....-, William H: -Jerke, Chair Pro-Tem giL 2 1 2004 ARAMARK Corr ctional Services, Inc. Danie . J en' r Vice resident % f a WELD COUNTY TO E ihREEPAI D OF ifnr n MMISSIONER SIGNATURE NL 44'CI[L f By: Deputy C k to the Boat_ -077z--A-� r5 WE D COU TY DIVISION OF HUMAN RESOURCES ., k Wal er J. Speckman, Executive Director aaoy- 455 Hello