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HomeMy WebLinkAbout992568.tiff RESOLUTION RE: APPROVE PURCHASE OF SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN - BOULDER COUNTY 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 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, and the Boulder County School District RE-1J, commencing September 28, 1999, and ending June 7, 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, and the Boulder County School District RE-1J 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 25th day of October, A.D., 1999, nunc pro tunc September 28, 1999. BOARD OF COUNTY COMMISSIONERS J //�� �tE7�COUNTY Q RAQDO ATTEST: I�h ✓l \V a"' D e K. Hall, Chair Weld County Clerk to the oa arbara J. Kirkmeyer, ro-Tem C Deputy Clerk to the Boas 'i 11 c `t __ c• ‘_ Georg axer APPROVED AS TO FCIRM: M. J. ,Ge le ' �„ odnty Attor � �ii ��� � Glenn _ ' fr; 992568 HR0070 PURCHASE OF SERVICES THIS AGREEMENT,made and entered into this ,25 day of 6 Joker 1999. 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 Boulder 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(30)children at a cost of one dollar and seventy-five cents ($1.75) per child, Tuesday through Friday, and breakfast for approximately fifteen(15)children at one dollar($1.00)cents,and snack for approximately fifteen (15) children at a rate of eighty-five($.85) cents. The School District will provide lunches only at a cost of two dollar and five($2.05)per adult,and lunches and milk at a cost of two dollars and thirty cents($2.30)per adult,breakfast and snack per adult are the same cost as for children. 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 10:30 a.m. - t: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. Breakfasts are picked up at 8:00 a.m. 3. 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 FEN WC 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 arid 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. 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. Milk invoices. (Sent in monthly)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 September 28, 1999 through June 7, 2000. 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 I iable 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 shal l 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. 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 dully executed as of the day, month, and year first hereinabove set forth. WELD COUNTY BOARD OF BOULDER COUNTY DISTRICT RE-1J COMMISSIONERS Dale K. Hall, C irperson (1u AS/9i)) Cynthia Greule, Director / Food Services Department ATTEST: �f r�, WELD COUNTY CLERK T 1 +' '.��t WELD COUNTY DIVISION OF HUMAN SERVICES 132 re: O C9 4?429 By: Deputy Clerk to the Board v_ Walter J. Speckman,Executive Director ;;;,:„• MEMORANDUM 1 J TO: Weld County Board of County Commissioner kFROM: Walter J. Speckman, Executive Director, DHS DATE: October 25, 1999 COLORADO SUBJECT: Purchase of Service Agreement Between FENWC and School District RE-1J Enclosed for Board approval is a Purchase of Service Agreement between the Family Educational Network of Weld County and St. Vrain School District RE-1J, for meals served at the Frederick Center. The term of this Agreement is from September 28, 1999 through June 7, 2000. If you have any questions, please telephone Tere Keller-Amaya at 353-3800, ext. 3342. 992' 68 fN2-a n: Hello