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Home My WebLink About20042456.tiff RESOLUTION RE: APPROVE PURCHASE OF SERVICES AGREEMENT FOR HEAD START MEALS AND AUTHORIZE CHAIR TO SIGN -WELD COUNTY SCHOOL DISTRICT RE-1 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-1, commencing August 19,2004,and ending May 25, 2005,with furtherterms 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-1 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 18th day of August, A.D., 2004. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO itelia-44 isbi ≥ Robed D. Masden, Chair �o Jerk to the Board �� C�� ; i < d William H. J e, Pro-Tem eputy Clerk t• the Board M. J. ile APP AS TO 11 \ cLi David . Long tyAttorney 7 LiAt ' i Glenn Vaac ,. , Date of signature: 2004-2456 HR0075 ' ; /-/-CQo-ul) oq_oca-eel MEMORANDUM a fDATE: August 5, 2004 TO: Board of County Commissioners //Wilk FROM: Walt Speckman, Executive Director [V/,�it 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-1. The School District will provide the following: . Breakfast and milk for approximately sixty children at a cost of$1.15 per child and $1.25 per adult Tuesday through Friday . Snacks for approximately sixty children at a cost of$.50 per child, Tuesday through Friday. . Lunches and milk for approximately sixty children at a cost of$1.70 per child and $2.25 per adult. 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 19, 2004 through May 25, 2005. If you have any questions please contact Janet Flaugher, Director, @ 353-3800, ext. 3340. 2004-2456 PURCHASE OF SERVICES THIS AGREEMENT,made and entered into this 21st day of July 2004, 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-1, 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 and milk for approximately sixty (60) children at a cost of one dollar and fifteen cents ($1.15) per child, Tuesday through Friday. The School District will provide breakfast and milk for one dollar and twenty-five cents ($1.25) per adult. 2. The School District will provide snacks for approximately sixty(60) children at a cost of fifty cents ($0.50)per child, Tuesday through Friday. 3. The School District will provide lunches and milk for approximately sixty(60) children at a cost of one dollar and seventy cents ($1.70)per child, Tuesday through Friday. The School District will provide lunches and milk for two dollars and twenty-five cents ($2.25)per adult. 4. FENWC agrees to notify the School District kitchen by 9:30 a.m. daily of the number of children lunches and the number of adult lunches needed. These lunches will be picked up by FENWC between 10:45 a.m.-11:30 a.m. FENWC shall notify the School District a week before any holiday or vacation that meals will not be needed for those specified days. Breakfasts are picked up at 8:00 a.m. 5. 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. 6. 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 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 School District. The rate will be described in item #1 above. 7. 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. 8. 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. 9. 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.) 10. FENWC will maintain a daily record of the number of meals served by type. 11. The term of this Agreement shall be from August 19, 2004 through May 25, 2005. 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 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 if Head Start of Colorado Preschool Program funding is stopped. 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 or 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 or the proceeds thereof. d. The School District understands that monitoring and evaluation of the performance of the Agreement shall be conducted by the Weld County Division of Human Resources 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 Act 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 subject o 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 part to this Agreement. g. No portion of this Agreement shall be deemed to create an obligation on the part of the County of Weld, State of Colorado, to expend funds not otherwise appropriated in each succeeding year. 13. 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 COMMISSIONERS DISTRICT RE-1 ki La- Robert D. Masden, Chairperson Jo bie AUG 1 8 2004 Superintendent of Schools ATTEST: Mk/ W •J W1 d Y CLERK TO THE BOARD WELD COUNTY DIVISION OF IE HU7pERV CES 1861 t. ea �' tom� _y ,1 Walter . Speckman, Executive Director `:(11 T11 / �1s t►._ Z/ .L 4 y: Deputy Cler o the Board Hello