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HomeMy WebLinkAbout20001269.tiff RESOLUTION RE: APPROVE PURCHASE OF SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN -THE BRIDGE ASSISTED LIVING CARE CENTER OF LONGMONT 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 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, Migrant Head Start Program, and The Bridge Assisted Living Care Center of Longmont, commencing June 19, 2000, and ending September 15, 2000, 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 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, Migrant Head Start Program, and The Bridge Assisted Living Care Center of Longmont 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 May, A.D., 2000. BOARD OF COUNTY COMMISSIONERS W LD COUNTY, COLORADO TTEST:iadiktrit4 74)t�A , 6 _ �j .ci4 A/Zt cL it __ Barbara J. irkmeyer, Chair ✓ unty Clerk to the Board ? AM. Pro-Tem qqty Clerk to the Board 4. Baxter �'<1777 n� ED A7 FO Dale K. Hall my Attorney Glenn Va 00; f/iQ 2000-1269 HR0071 PURCHASE OF SERVICES THIS AGREEMENT, made and entered into this �r-day of May,2000, 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 Migrant Head Start Program, hereinafter referred to as "FENWC" and The Bridge Assisted Living Care Center of Longmont 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 thirty (30) Migrant Head Start children and twelve (12) adults at a cost of two dollars ($2.00) per meal. Price may be subject to increase pursuant to board action. 2. The Food Center will provide lunch for approximately thirty (30) Migrant Head Start children and twelve (12) adults at a cost of three dollars ($3.00) 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 thirty(30) Migrant Head Start children and twelve(12) adults at a cost of one dollar($1.00) per snack. Price may subject to increase pursuant to board action. 4. The Food Center will provide supper for approximately thirty(30) Migrant Head Start children and twelve (12) adults at a cost of three dollars ($3.00) per meal. Price may be subject toincrease pursuant to the board action. 5. The Food Center will transport meals at a cost of thirty-two and one-half cents ($.325) per mile. 6. The Food Center will submit a bill for services by the 10'h of the month for services provided 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: Tere Keller-Amaya PO Box 1805 Greeley, Colorado 80632 arc( -/.7 6. 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. 7. FENWC agrees to pay the Food Center for all meals served and ala carte to the Migrant Head Start children and staff. Such reimbursement will be made within three(3)weeks of the receipt of a statement of such changes from the Food Center. The rate will be as described in paragraphs 1, 2, and 3, above. 8. 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. 9. 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. 10. FENWC will maintain a daily record of the number of meals served by type. 11. 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. 12. 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. 13. 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 effect 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. 14. The term of this Agreement shall be from June 19, 2000 through September 15, 2000. 15. This Agreement may be amended at any time with the written mutual consent of both parties. 15. 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. 16. 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. 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 BOA OF COMMISSIONERS J Barbara J. Kirkmeyer, Chair 05/24/00 THE BRIDGE ASSISTED LIVING CENTER e (1iI OUNTYTOTHEK UNTY COMMISSIONER SICNA ORES ONLY ®uf wt eputy Clerk to the Board ( ckman, U A DIVISION OF HUMAN RESOURCES Executive Dir— ec Hello