HomeMy WebLinkAbout940882 RESOLUTION
RE: APPROVE PURCHASE OF SERVICE AGREEMENT BETWEEN FAMILY EDUCATIONAL NETWORK
OF WELD COUNTY AND SCHOOL DISTRICT RE-1J
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 Service Agreement
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Family Educational Network of Weld
County, and School District RE-1J, commencing October 3, 1994, and ending
June 10, 1995, 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 Service Agreement between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, on behalf of the Family Educational Network of Weld County, and School
District RE-1J be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman 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 September, A.D. , 1994.
BOARD OF COUNTY COMMISSIONERS
ATTEST: ilya/Pgallt WELD COUNTY, OLORADO
Weld County Clerk to the Board I/( ,/ / eUgAafq
G ``'fi�n / �^ 4 H.
Webst r, Ch rm
BY: /)1/C6, k' .flJ6 -1
eputy(ierk to the Board Dale K. Hal , Pr -T
APPROVE AS TO FORM: Gorge
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G�oorrge Baxter p(��
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t4rey 44(41- ��i tifid�y/itra J. Kirkm er O
940882
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PURCHASE OF SERVICES
THIS AGREEMENT, made and entered into this olitt; day of September, 1994,
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-1J, 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 lunches and milk for approximately
thirty-four (34) children at a cost of one dollar and sixty-five cents
($1.65) per child, Tuesday through Friday.
The School District will provide lunches only at a cost of one dollar and
ninety-five cents ($1.95) per adult, and lunches and milk at a cost of two
dollars and twenty cents ($2.20) per adult.
2. 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 11:00 a.m. and 11:15 a.m.
FENWC shall notify the School District the day before any holiday or
vacation that meals will not be needed for those specified days.
3. The School District will submit a bill for services to the Weld County
Division of Human Resources, 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.
4. 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 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.
5. 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.
6. 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.
940882
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) .
8. FENWC will maintain a daily record of the number of meals served by type.
9. The term of this Agreement shall be from October 3, 1994 through June 10,
1995.
10. This Agreement may be amended at any time with the written mutual consent
of both parties.
11. 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 or Colorado Preschool Program funding is stopped.
12. 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 of
indirect in the approved Agreement of the proceeds thereof.
940892
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 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 of 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.
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 BOAR{D((OF COMMISSIONERS WELD SCHOOL DISTRICT RE-1J&CsteW. r, C airperson (61,24/4I0 C is Greule, Supervisor
D41dteenFo Services Department
ATTEST: ( ► WELD COUNTY DIVISION OF HUMAN SERVICES
WELD COUNTY CLLERKK TO THE BOARD
Walt J. Speckman, Executive Director
4. Dept-47C erk to
940,4192
� ! mEmORAnDUm 1 . DG . .TY
Board of County Commissioners ,
To W.H. Webster, Chairperson Date September 3§, � t994"
E t _SS
COLORADO From Walter J. Soeckman, Executive Director, Huma�i0Se�'ii2�S'
subject: Purchase of Service Agreement between FENWC and School District3Ff(
RE/-t
Enclosed for Board approval is a Purchase of Service Agreement between FENWC and
School District RE-1J.
• School District RE-1J will provide lunches and milk for approximately
thirty-four (34) children at a cost of $1.65.
• School District RE-1J will provide lunches at a cost of $1.95 per adult
and lunch with milk at a cost of $2.20 per meal.
• School District RE-1J agrees to provide information on the cost of the
quantity of lunches served to enable FENWC to comply with USDA
reimbursement requirements.
FENWC agrees to reimburse School District RE-1J for all meals served to
Head Start children and staff.
• FENWC agrees to notify School District RE-1J's kitchen at Frederick, 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 11:00
a.m. and 11:15 a.m. FENWC will notify School District RE-1J the day
before any holiday or vacation that meals will not be needed for those
specific days.
The term of this Agreement is from October 3, 1994 through June 10, 1995.
If you have any questions, please telephone Tere Keller-Amaya at 353-3800.
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