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HomeMy WebLinkAbout971132.tiffRESOLUTION RE: APPROVE PURCHASE OF SERVICES AGREEMENT BETWEEN FENWC HEAD START PROGRAM, AND GREELEY/EVANS SCHOOL DISTRICT 6 AND AUTHORIZE CHAIR 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 a Purchase of Services Agreement for the Head Start Program 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 6, commencing July 1, 1997, and ending June 30, 1998, 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 for the Head Start Program 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 6 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 16th day of June, A.D., 1997. BOARD OF COUNTY COMMISSIONERS WELD/EOUNTY, COI,k)RAD� George E. Baxter, Chair lam: A's; l)sst 6 tance L. Harbert, Pro-Tem arbara J. Kirkmeyer W. H. Webster 971132 HR0068 PURCHASE OF SERVICES THIS AGREEMENT, made and entered into this 1 day of July. 1997, 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 thirty-five (235) children and seventy-five (75) adults at a cost of one dollar and twenty-five cents ($1.25) per meal. Price may be subject to increase pursuant to Board of Education Action. 2. The School District will provide lunch with milk for approximately two hundred and thirty-five (235) FENWC children and seventy-five (75) adults at a cost of two dollars and twenty-five cents ($2.25) per meal. Price may be subject to increase pursuant to Board of Education action. 3. The School District will provide snack with juice, fruit or milk for approximately two hundred and thirty-five (235) children and seventy-five (75) adults at a cost of seventy-five cents ($.75) per snack. Price may be subject to increase pursuant to Board of Education Action. 4. The School District will provide supper with milk for approximately two hundred and thirty-five (235) FENWC children and seventy-five (75) adults at a cost of two dollars and fifty cents ($2.50) per meal. Price may be subject to increase pursuant to Board of Education action. 5. 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. 6. FENWC will apply directly to USDA for reimbursement for each child's meal type (full paid, free, or reduced) each month. The School District will not receive USDA reimbursement for these meals. Purchase of Services Agreement Page two FENWC agrees to pay the School District for all meals served and ala carte 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 I, 2, and 3 above. 7. 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. 8. 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. The records will be made available upon request to FENWC for audit and review purposes. The School District will maintain the records within the record retention guidelines mandated by USDA. 9. FENWC will maintain a daily record of the number of meals served by type. 10. No portion of this Agreement shall be deemed to constitute a waiver of 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. 11. 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. 12. 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 fad that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. 9'71.1_32 Purchase of Services Agreement Page three 13. The term of this Agreement shall be from July 1, 1997 through June 30, 1998. 14. This agreement may be amended at any time with the written mutual consent of both parties. 15. 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. 16. Assurances: a. The School District agrees that it is an independent contractor and that it 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. 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 ads 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 understand 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. 971132 ATTEST: Purchase of Services Agreement Page four 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 • WELD COUNTY SCHOOL DISTRICT 6 4, LA, GeortE. Baxtor, ',..irman Olaikoh7 John ftheco, Superintendent WELD COU ARD Deputy WELD COUNTY/DIVISION OF HUMAN RESOURCES r . Speckman, Executive Director 971132 Ott; W��Pc COLORADO mEmoRAnuum Weld County Board of , , To County Commissioner Date June 16.'1997 ' C 7 C From Walter J. Speokman a"' TO I i ;._ '-... Purchase of Service Agreement Subject. Presented before the Weld County Board of County Commissioners is a Purchase of Service Agreement between the Division of Human Services' Family Educational Network of Weld, and Weld County School District #6 for the purchase of meals. This agreement provides for breakfast at a cost of $1.25, $2.25 per lunch, $.75 per snack and $2.250 per supper. The term of this agreement is from July 1, 1997 through June 30, 1998. If you have questions please contact Tere Keller-Amaya at extension 3342. Thank you. 971132 Hello