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Home My WebLink About921038.tiff • RESOLUTION RE: APPROVE PURCHASE OF SERVICE AGREEMENTS WITH WELD COUNTY SCHOOL DISTRICT #6 AND AUTHORIZE CHAIRMAN TO SIGN 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 two Purchase of Services Agreements between Family Educational Network of Weld County (FENWC) and Weld County School District 116, the first agreement commencing July 1, 1991, and ending June 22, 1992, and the second agreement commencing June 23, 1992, and ending June 30, 1993, with the further terms and conditions being as stated in said agreements, and WHEREAS, after review, the Board deems it advisable to approve said agreements, copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the two Purchase of Services Agreements between Family Educational Network of Weld County (FENWC) and Weld County School District #6 be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said agreements. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of October, A.D. , 1992, nunc pro tunc July 1, 1991. ��,�� COUNTY ATTEST: fr ervat WELDDCOFNTY. COLORADO SSIONERS l Weld County Clerk to the Board .mac G o e Kennedy, Chairman BY: p7 ance L.Harbert, � Deputy Cl k to the Board onstance L. Harber ro-Tem APPROVED TO FORM: f �� 2�� C. a County Attorney Gory - �" W. H. Webster 921038 t05(,C z 411Z. � D1r1ZIcy (.r, PURCHASE OF SERVICES THIS AGREEMENT, made and entered into this ,94.4"(day of October 1992, 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's Head Start Program, hereinafter referred to as "FENWC" and the Greeley/Evans School District 6 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 to FENWC the following described services based upon the following terms and conditions: 1. The School District will provide breakfast with milk for approximately two hundred and five (205) children and seventy-five (75) adults at a cost of seventy-five cents ($.75) per meal. 2. The School District will provide lunch with milk for approximately two hundred and five (205) FENWC children and seventy-five (75) adults at a cost of one dollar and forty-five ($1.45) per meal. Price may be subject to increase pursuant to Board of Education action. 3. The School District will provide snack with juice for approximately two hundred and five (205) children and seventy-five (75) adults at a cost of forty-five cents ($.45) per snack. Price may be subject to increase pursuant to Board of Education Action. 4. The School District will submit a bill for services to the Weld County Division of Human Resources, P.O. Box 1805, Greeley, Colorado, 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. 5. 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 as described in paragraphs 1, 2, and 3 above. 6. The School District 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. 921.033 7. 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. Food and milk invoices. (Sent in weekly to the Food Services Office) . The records will be made readily available to FENWC for audit and review purposes. The School District will maintain the records within the record retention guidelines mandated by U.S.D.A. 8. FENWC will maintain a daily record of the number of meals served by type. 9. 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. 10. No portion of this Agreement shall be deemed to create an obligation on the part of the County of Weld, State of Colorado, or School District to expend funds not otherwise appropriated in each succeeding year. 11. 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, 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. 12. The term of this Agreement shall be from July 1, 1991 through June 22, 1992. 13. This agreement may be amended at any time with the written mutual consent of both parties. 14. 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 immediately if Head Start funding is stopped. 15. 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. 921.039 r 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 School District, the Board of Education of School District 6, its employees, volunteers or agents while performing this Agreement. The School District, the Board of Education of School District 6, 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 the proceeds thereof. d. The School District understands that monitoring and evaluation 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 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, 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 hereinabove set forth. WELD COUNTY BOARD OF COMMISSIONERS GREELEY/EVANS SCHOOL DISTRICT 6 Ge rge Ke edy, Chairman ///0�/9 . Timothy Wate s, Ed.D �/J� Superintendent ATTEST: /1 ��/v' WELD COUNTY CLERK TO TH BOARD l By: I /, ITeputy Clerk to the Board WELD COUNTY DIVISION OF HUMAN RESOURCES alter J. Speckman, Executive Director / 921033 PURCHASE OF SERVICES THIS AGREEMENT, made and entered into this Jfijday of October 1992, 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's Head Start Program, hereinafter referred to as "FENWC" and the Greeley/Evans School District 6 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 to FENWC the following described services based upon the following terms and conditions: 1. The School District will provide breakfast with milk for approximately two hundred and five (205) children and seventy-five (75) adults at a cost of ninety cents ($.90) per meal. 2. The School District will provide lunch with milk for approximately two hundred and five (205) FENWC children and seventy-five (75) adults at a cost of one dollar and sixty-five ($1.65) per meal. Price may be subject to increase pursuant to Board of Education action. 3. The School District will provide snack with juice for approximately two hundred and five (205) children and seventy-five (75) adults at a cost of sixty cents ($.60) per snack. Price may be subject to increase pursuant to Board of Education Action. 4. The School District will submit a bill for services to the Weld County Division of Human Resources, P.O. Box 1805, Greeley, Colorado, 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. 5. 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 as described in paragraphs 1, 2, and 3 above. 6. The School District 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. 921038 7. 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. Food and milk invoices. (Sent in weekly to the Food Services Office) . The records will be made readily available to FENWC for audit and review purposes. The School District will maintain the records within the record retention guidelines mandated by U.S.D.A. 8. FENWC will maintain a daily record of the number of meals served by type. 9. 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. 10. No portion of this Agreement shall be deemed to create an obligation on the part of the County of Weld, State of Colorado, or School District to expend funds not otherwise appropriated in each succeeding year. 11. 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, 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. 12. The term of this Agreement shall be from June 23, 1992 through June 30, 1993. 13. This agreement may be amended at any time with the written mutual consent of both parties. 14. 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 immediately if Head Start funding is stopped. 15. 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. 921.03@ 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 School District, the Board of Education of School District 6, its employees, volunteers or agents while performing this Agreement. The School District, the Board of Education of School District 6, 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 the proceeds thereof. d. The School District understands that monitoring and evaluation 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 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, 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 hereinabove set forth. WELD COUNTY BOARD OF COMMISSIONERS GREELEY/EVANS SCHOOL DISTRICT 6 George Kennedy, Chairman/9a . Timothy Wate s, Ed.D /////v///:111X eh Superintenden ATTEST: ��GL2 WELD CO TY CLERK T BOARD By: Deputy Clerk to the Board WELD COUNTY DIVISION OF HUMAN RESOURCES ate J Speckman, Executive Director 9210313 $0:( MEIYIORAnDUM WineTo George Kennedy, Chairman Date October 26, 1992 COLORADO From Walter J, Sneckman, Executive Director. Human Resources ,"1 Subject: Purchase of Service Agreement between FENWC and Weld County School District 6 Enclosed for Board approval are the Purchase of Service Agreements for the period of July 1991 to June 1992 and for June 1992 through June 1993 between the Family Educational Network of Weld County (FENWC) and Weld County School District 6 (School District) . Period Covering 1991-1992 The School District will provide breakfast, lunch and snack for approximately two-hundred and five (205) children and seventy-five (75) adults. The following prices are being charged: Breakfast/Milk - $ .75 Lunch/Milk 1.45 Snack/Juice .45 Period Covering 1992-1993 The School District will provide breakfast, lunch and snack for approximately two hundred and five (205) children and seventy-five (75) adults. The following prices are being charged: Breakfast/Milk $ .90 Lunch/Milk 1.65 Snack/Juice .60 The School District will submit a bill for services to the Weld County Division of Human Resources. The term of these Agreements are covering July 1, 1991 through June 22, 1992 and from June 23, 1992 through June 30, 1993. If you have any questions, please telephone Tere Keller-Amaya at 356-0600. 921038 Hello