use by Oregon Child Nutrition Programs (CNP) Sponsors
Agency Number (from CNPweb):______________
AGREEMENT is entered into by and between Sponsor
E C I T A L S
units of local government, as that term is defined in ORS 190.003;
190.010 provides that units of local government may enter into
written agreements for the performance of any or all functions and
activities that a party to the agreement, its officers or agencies,
have authority to perform; and states further that the agreement may
provide for the performance of a function or activity:
a consolidated department;
jointly providing for administrative officers;
means of facilities or equipment jointly constructed, owned, leased,
one (1) of the parties for any other party;
an intergovernmental entity created by the agreement and governed by
a board or commission appointed by, responsible to enacting on
behalf of the units of local government that are parties to the
a combination of the methods described above; and
190.020 requires the agreement to specify the functions or activities
to be performed and by what means they shall be performed and, where
applicable, the agreement shall provide for:
apportionment among the parties to the agreement of the
responsibility for providing funds to pay for expenses incurred in
the performance of the functions or activities;
apportionment of fees or other revenue derived from the functions or
activities and the manner in which such revenue shall be accounted
transfer of personnel and the preservation of their employment
transfer of possession of or title to real or personal property;
term or duration of the agreement, which may be perpetual;
rights of the parties to terminate the agreement’ and;
the effect of the agreement, ORS 190.030 states:
an agreement under ORS 190.010 has been entered into, the unit of
local government, consolidated department, intergovernmental entity
or administrative officer designated therein to perform special
functions or activities is vested with all powers, rights and duties
relating to those functions and activities that are vested in law in
each separate party to the agreement, its officers and agencies;
officer designated in an agreement to perform specified duties,
functions or activities or two or more public officers shall be
considered to be holding only one (1) office;
elective office may not be terminated by an agreement under ORS
recognize that the consolidation of programs is the best utilization
of public tax dollars; and,
to enter into an agreement in which Vendor
meal services to Sponsor
consideration of the promises and covenants herein contained, the
parties enter into the following:
G R E E M E N T
and Effective Date of Agreement
purpose of this Agreement is for Vendor
to provide food/meal services to Sponsor
Agreement becomes effective upon execution by both parties and
services shall remain in effect until enter
Any changes to this Agreement must be in writing, in the form of
an amendment to this agreement and signed by both parties.
a Food Service Management Company Contract
Not Applicable (do not complete statement below – scroll down to
Applicable (complete statement below)
Agreement is subject to the Food Service Management Company Contract
(FSMC) between Sponsor
with effective dates of Beginning
In case of conflict between this Agreement and the provisions of the
FSMC contract, the provisions of the Agreement between Sponsor
shall control. (A copy of the FSMC contract is attached to the
agreement for reference by the parties.)
and Responsibilities of Vendor
of party providing the services
will provide the following service to Sponsor
meals each weekday, Monday through Friday. Meals will not be
provided on holidays or when school is not in session, teacher
planning days for either district, or any other days when school
is not in session at either Vendor
the event of emergency closure by either Vendor
vendor will not provide food service to Sponsor
the event of a delayed opening or early release of students due to
emergency circumstances, food service will be provided unless
school will not be in session for either Vendor
normal meal service hours.
content of the meals to be served will be decided by vendor. The
vendor will prepare a proposed menu for the following month and
submit it to Sponsor
of each month. The vendor retains the right to change menu items
or revise the menu in the event of unavailability or increased
item prices. Substituted menu items shall meet the conditions of
described in this Agreement.
reimbursable lunches, breakfasts, and snacks shall meet the
qualifications of USDA reimbursement as described in 7 CFR 210.10
and 220.8, 225.16, and 226.20 [as applicable]. All meals prepared
by vendor shall meet or exceed all applicable regulations
established by the U.S. Department of Agriculture and the Oregon
Department of Education.
on-site food service employee(s) to prepare and serve meals at
breakfast and lunch service. Said food service employees shall,
at all times and for all purposes, remain employee(s) of the
discipline, and/or dismiss employees working for Sponsor
training to all employees on applicable sanitation and food
responsible for the payment of any and all salary, insurance, and
other costs or benefits related to the above-referenced food
will be prepared and served in accordance with Sponsor
breakfast and lunch meal periods.
All employees reemployed in the Sponsor
Service operation will be employees of the vendor. The vendor will
provide workers’ compensation insurance and administer all workers’
compensation claims and will defend and hold harmless Sponsor
for workers’ compensation claims incurred if an employee of vendor
is injured at either employment site.
the above-referenced items on a monthly basis.
and Responsibilities of Sponsor
of party receiving the services
provide garbage service for the kitchen and the disposable
be responsible for providing secure food storage facilities that
meet all applicable regulations for the storage of food.
be responsible for providing adequate food preparation and service
facilities that meet all applicable regulations, and shall be
responsible for all repairs and maintenance of said facilities.
will maintain all equipment used in food preparation and storage
and will purchase new equipment a necessary to ensure safe food
preparation and storage.
for every student lunch and $enter
for student breakfast meal served at Sponsor
all meal equivalents at $1.00 per meal equivalent. Meal
equivalents are the result of dividing the total of Net Sales,
other than from pattern meals sales (including cash for adult
meals, a la carte food and beverages sales, snack bar, catering
conferences or other functions sales) by One Dollar ($1.00).
be due within fifteen (15) days of receipt of a monthly invoice
be granted access to ordering and utilizing Sponsor USDA Foods
(commodities) entitlement for use in preparing meals. USDA Foods
will remain the property of Sponsor.
books, deposits, records, free and reduced application and
verification process and reimbursement claims in accordance with
the National School Lunch Program (7 CFR 210) pertaining to
Service operation shall be the property and responsibility of
The vendor is the employer of any employees hired to run the Food
Service operations at Sponsor
The vendor is responsible for general supervisory oversight over
these employees, along with the human resource functions including
hours and benefits. The vendor will also provide workers’
compensation for all employees at Sponsor
to run the Food Service operation.
Each party agrees to indemnify and hold harmless the other against
any liabilities resulting from the activities of each party’s
employees on behalf of each public entity.
Neither party to this agreement may assign its interest in the
agreement without the express written consent of the other party.
During the entire term of this agreement, the parties shall comply
in every respect with all laws, rules, and regulations of the State
No waiver of any portion of this agreement shall be deemed or shall
constitute a waiver of any other portion thereof, nor shall any
waiver constitute a continuing waiver.
parties agree that any disagreement regarding the interpretation,
meaning or effect or any provision of this agreement shall be
settled by arbitration if so requested by either party in writing.
The arbitration decision will be binding upon the parties. The cost
of such arbitration shall be shared equally between the parties.
or Suspension of Performance.
agreement may be terminated without cause by either party by
providing the other party thirty (30) days’ notice, in writing,
and delivered by certified mail or in person.
such termination of this agreement shall be without prejudice to
any obligations or liabilities of either party already accrued
prior to the notice of termination.
parties agree to promptly settle all accounts existing from work
performed under this agreement upon termination.
foregoing represents the entire agreement between the parties and any
prior understanding or representations of any kind preceding the date
of this agreement shall not be binding upon the other party except to
the extent incorporated in this agreement. No modification of this
agreement shall be binding upon the other party except to the extent
incorporated in this agreement.
Signature of Sponsor