Documents › Board of Education, 2026-08-27

document 10 pages

Also attached to this agenda item: Child Nutrition Program Consultant -- Noto Nutrition...

School Nutrition Consultation Proposal Croton-Harmon Union Free School District President: Stephanie Noto Ceglia RD, CDN, SNS Address: P.O. Box 468 Katonah, NY 10536 E-mail: info@notonutrition.com Phone: (609) 457-2485 2 Goals and Objectives: Noto Nutrition Consulting (“NNC”), in its capacity as an independent contractor of the Croton- Harmon UFSD (“District”), proposes a partnership to support District Child Nutrition Programs. NNC will coordinate efforts between the District and the contracted Food Service Management Company (FSMC) as it relates to conformance with the District’s agreement under the child nutrition program. Services may include: • On-site Food & Facility Assessment - Conduct assessment of the food service program by observing the operations and reviewing District-provided data including: o Compliance o Menu appeal and variety o Quality and quantity of food served o Health, sanitation, and safety o Meal preparation and presentation o Mealtime traffic patterns and customer time-in-line o Meal counting, cash handling procedures and accountability o Food storage and inventory levels o Methods of service and meal delivery o Kitchen equipment and overall food service facilities to assess current and future needs o Overall mealtime experience o Training gaps o Marketing o Merchandising NNC will perform assessments relative to successful School Nutrition Programs. Evaluations will be documents with findings, relevant actions and recommendations that support current and future strategic planning. . • Monthly Menu Review- Analyze monthly menus prepared by FSMC and make recommended adjustments prior to the menus being published each month. Additionally, NNC can request periodic nutrient analysis report from the FSMC which monitors the student nutrient composition for USDA compliance (student nutrient intake (calories, fat, etc.). • Operating Statement Analysis - Review operating statements for program performance, as well as management of food, labor, and direct expenses, communicating relevant findings and recommendations. Analysis provides data relative to operating fiscally responsible, self-sustaining school nutrition programming. 3 Consulting Fees for 2026-2027 School Year: Time and contributions dedicated to the District will allow for not only an objective view of the child nutrition programs’ nutrition and sustainability efficacy, but recommendations and enhancements to programming as they relate to the district objectives and goals. NNC will provide consultation at the rate of $1,500.00 for monthly menu review, $2,700.00 for on- site monitoring services which includes three (3) on-site days at CET, PVC, and CHHS, and $1,025.00 for semiannual P&L analysis. An annual rate of $5,225.00, billed monthly at a rate of $475.00 for eleven (11) months. NNC will also provide consultation at a $295.00 hourly rate, billed monthly, for additional consultation, time dedicated, and/or services performed. The proposed fee includes all expenses incurred by NNC including travel and supplies. These fees do not include costs that will be incurred by the District such as equipment or other related expenses recommended by NNC. Fees are payable as billed, upon satisfactory completion of work performed pursuant to the agreement entered into between NNC and the District. 4 Additional Services Available Upon Request: The District may request services, as needed, described below. Fees are payable as billed, upon satisfactory completion of work performed. • FSMC Bid Preparation and Execution- Support the District with development of the RFP; provide feedback and recommendations, customize specifications, field bidder questions, facilitate selection committee to deliver responsive and responsible bidder, and support contract negotiations. • Off-site Program & Performance Analysis – Observational and mathematical analysis, using key performance indicators, can measure program performance, expose gaps between current and desired financial outcomes, set budget standards, and identify problem areas. It helps target specific areas of emphasis and identify where resources should be invested to have the greatest impact, providing critical information for current and future strategic planning. Data review may include but not be limited to: enrollment data, eligibility data, proposed budgets, P&Ls, menus, photos, POS reports, inventory reports, expense detail reports, labor details, USDA Foods entitlement & diversions, local school wellness policies, and stakeholder input. • Nutrition Standards- Provide guidance with age-appropriate nutritional targets including but not limited to calories, added sugar, sodium, saturated fat, and nutrients of concern. Recommend strategic product substitutions and/or additions that improve nutrition, quality, and apeal giving priority to the most sustainable options. Ensure meals being served provide the correct balance of food groups and nutrient standards according to the different age/grade groups as these groups reflect differences in calorie ranges, portion sizes and nutrient needs. Menus must balance portions across the week to hit minimums and cannot exceed limits for sodium, saturated fat, and added sugar. • Administrative Review/Procurement Review- Provide support to the District with preparations for the NYSED Administrative Review. NNC can oversee the preparation of materials required by NYSED, NNC can also perform an advance on-site observation at the school(s) chosen for review. • Food Allergies and Medical Conditions- NNC will work collaboratively to ensure compliance with NYSED regulations as well as provide recommendations and modifications for children with documented disabilities and special food needs. • Local School Wellness Policy - Support SFA with documentation and compliance, and triennial assessment. • Professional Standards- Assist compliance with the professional standards provision of the HHFKA by providing applicable school food service training. • Professional Development/Employee Assistance Programs- Work to align health goals between students and staff by supporting integration of child nutrition program policies and the school health environment through nutrition education and evidence-based practices. • Wellness/Green Team Committees- Participate in meetings as desired by the District. Support with wellness policy updates as specified by the HHKFA. • Capital Investments- Research and recommend facility, equipment, and systems improvement necessary to meet the changing needs of the food service program and the District. • Meal Program Initiatives/Changes- Assist with implementation of changes or new initiatives to child nutrition programs. School Nutrition Consultant Agreement Between the Croton-Harmon Union Free School District and Noto Nutrition Consulting This Agreement, made as of the 1st day of August, 2026 between Noto Nutrition Consulting, having an address at P.O. Box 468 Katonah, NY 10536 (“NNC”) AND the Croton- Harmon Union Free School District, having an address at 10 Gerstein St, Croton-On-Hudson, NY 10520 (“District”); WHEREAS, the District wishes to hire NNC to provide services at District schools related to the requirements of the District’s Child Nutrition Program; WHEREAS, NNC desires to perform such service for the District; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by both parties hereto, NNC and District hereby agree as follows: 1. Agreement Term: The Agreement will commence once fully executed on the signature date below and shall remain in effect, unless terminated in accordance with the terms of this Agreement or unless the parties mutually agree to renew or extend the term of the Agreement pursuant to the terms of Renewal paragraph stated below. 2. Description of Consultant’s Services: NNC will furnish consulting services and advice as specifically requested by Denise Cohen, the District’s Assistant Superintendent for Business and/or her designee Kelly Lent, Assistant Business Manager. The services and advice will relate to work directed by the District in the area of Child Nutrition Programs and may include the following: (a) All tasks outlined in the School Food Service Consultation Proposal (“Consultation Proposal”); (b) Additional services at the request of the District. (c) NNC reserves the right to retain ownership of proprietary materials, and any material prepared during the course of this agreement pursuant to Paragraph eleven [11]. 3. Compensation For Consulting Services: The District shall pay NNC for Services as follows: $5,225.00 annually, for on-site monitoring and performance analysis, billed monthly at rate of $475.00 for eleven (11) months. NNC will also provide consultation at a rate of $295.00 per hour for any additional consultation, time dedicated, and/or services performed, as outlined in the Consultation Proposal. The District agrees to pay NNC in full for the agreed-upon services within the time frame specified in the Consultation Proposal, as applicable. The above- referenced compensation (fee and hourly rate) is inclusive of all expenses incurred or to be incurred by NNC performing the above-described services for the District, including, without limitation, for such things as travel, copying expenses, postage, facsimile and telephone charges, mobile/cellular phone charges. The above-referenced compensation also is inclusive of any fees, fines, licenses, certificates, certifications, bonds or taxes required of or imposed against NNC or its officers, directors, employees or agents in connection with the performance of the above-described services. The District shall not be responsible to pay NNC for any expenses it incurs to provide any services pursuant to this Agreement. 4. Renewal: This Agreement shall renew annually on substantially the same terms and conditions. NNC reserves the right to modify their fee schedule with thirty (30) days written notice to the District. Such notice shall be given pursuant to the terms of Notice paragraph stated below. 5. Termination: This Agreement shall renew annually by the mutual agreement of the parties. Either party may terminate this Agreement for any reason by providing sixty (60) days written Notice of such termination to the other party. Such notice shall be given pursuant to the terms of Notice paragraph stated below. 6. Non- Exclusivity: The District hereby acknowledges and agrees that NNC is providing the Services to the District as set forth herein on a non-exclusive basis and shall retain the right to engage in other similar service relationships during the term of this Agreement so long as such service relationships do not impact NNC’s ability to perform the services pursuant to this Agreement. NNC hereby acknowledges and agrees that its services to the District are non-exclusive and the District retains the right to engage consultants who provide similar services. 7. Payment: NNC shall submit monthly invoices to the District’s Business Manager or Assistant Business Manager at email address to be provided by the District, or such other person as the District may designate by written notice to NNC. Payment to NNC shall be made within thirty (30) days from receipt of invoice from NNC. The invoice shall include time sheets, types of services rendered and fees payable. The District shall give NNC notice of any invoice dispute within twenty (20) days of its receipt and reserves the right to withhold payment pending the resolution of this dispute. Failure to dispute any invoice shall not be deemed as an acceptance and does not act as a waiver of District’s rights or prevent the District from availing itself any remedy or course of action it has at law or in equity at a later date. 8. Notice: Notice shall be given by email transmission to the parties at the email address identified under the signature line for each party below paragraph provided that a hard copy of such notice shall be sent by first class mail in the event that the recipient of such notice does not acknowledge receipt thereof email transmission within twenty-four (24) hours of the transmission of such notices. Any such email Notice shall be deemed given upon the earlier of receipt or three (3) business days following the mailing of a Notice by first class mail as provided above. 9. Insurance: NNC shall provide the District with proof of insurance coverage as per district requirements. 10. Confidentiality: NNC acknowledges that in performing the Agreement it may have access to confidential information in the District’s or others’ possession, including but not limited to names, fact, and information about individuals, students, businesses, and families. NNC may also have access to confidential information including the student directory, personnel information, and records pertaining to sensitive, confidential, or internal District matters and other protected information. NNC agrees not to reveal any confidential information it may encounter. Disclosure of such information may be considered a breach of the Agreement. This section shall survive termination of the Agreement. 11. NNC Work Property: Any work products or materials drafted by NNC as furnished to the District are the sole and exclusive property of NNC. NNC products include, but are not limited to, the bid specifications including all menus, schedules, and addenda, vendor conference preparation materials, bid opening analysis documentation, menu review analyses, financial analyses, presentations for wellness or nutrition committees or other meetings, and any information or documents that NNC has authored or consulted in their preparation, etc. NNC products have been created on a confidential basis and may be used by the District solely for their intended purpose. The District may use such work products and/or materials developed by NNC for its use without additional fee during the term of and after the expiration of this Agreement. Any public use and or dissemination of NNC products without NNC prior written approval is explicitly prohibited, except as otherwise required by New York State or federal law. In the event that the District receives a FOIL Request pursuant to the New York State Freedom of Information Law (or the federal equivalent under the Freedom of Information Act or other applicable local laws) for NNC Products, the District must notify NNC within 5 business days of the District’s receipt of such a request. The District will release no NNC products and/or materials pursuant to a FOIL request until twenty (20) days after acknowledgement by the District of such request to the requester. If NNC fails to see an injunction or other protective order by that time, the District will release any such products or materials to the extent it determines it is required to under the law. Reproduction of any part of NNC property without the express written permission of NNC is prohibited, unless otherwise required by New York State or federal law. The termination of the Agreement does not and will not impact the proprietary nature of NNC property and does not and will not toll the restrictions and responsibilities contained in this section. In the event the District violates the restrictions and responsibilities contained in this section, NNC will take appropriate action as permitted by law. 12. No Assignment: This Agreement shall not be assigned, transferred, delegated, or subcontracted by any party without the prior written consent of any other party. 13. No Punitive Damages: NNC shall not be liable to the District for punitive damages for any alleged breach of the Agreement or other alleged action. The District hereby expressly waives its rights to claim punitive damages against NNC. 14. Counterparts; Execution of Contract: This Agreement may be executed in one or more counterparts, each copy of which shall be deemed an original and all of which, when taken together, shall constitute one and the same instrument, but this Agreement shall not be binding upon the parties until it has been signed by each of them and delivered to the other. The parties hereto agree that facsimile or electronic signatures on a copy of this Agreement shall be effective and enforceable as if they were original signatures. 15. Indemnification: NNC agrees to indemnify, to the extent provided by law, defend and hold harmless the District, its officers, directors, administrators, Town, Board of Education or employees for all loss, costs, liabilities, damages and expenses, including attorneys’ fees, judgements, claims, fines and amounts paid in settlement in connection with a terminated, pending or completed action, suit or proceeding arising from any willful misconduct or reckless or negligent acts or omissions of NNC, its employees, officers, directors, or agents. The obligations pursuant to this paragraph shall survive the termination of this Agreement. 16. Compliance with the Law: NNC shall comply, at its own cost and expense, with all Federal, State, and local laws, statutes, rules, regulations and ordinances applicable to the services to be performed pursuant to this Agreement. 17. Non-Discrimination Requirements: To the extent required by Human Rights Law, and all other State and Federal statutory and constitutional non- discrimination provisions, NNC agrees it shall not discriminate against any employee or applicant for employment or individual associated with the District because of race, creed, color, sex, national origin, sexual orientation, gender identity or expression, age, disability, predisposing genetic characteristics, military status, familial status, marital status, status as a victim of domestic violence or any other basis protected by law. 18. Sexual Harassment: Federal and State laws and the policies of the District prohibit sexual harassment of employees and students. Sexual harassment includes any unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature that create a hostile or offensive working or learning environment for the District’s employees or students, respectively. NNC shall exercise control over its employees, agents, and consultants so as to prohibit acts of sexual harassment of the District’s employees or students. In the event the District, in its reasonable judgment, determines that NNC, its officers, directors, employees, and/or agents have committed an act of sexual harassment, upon notice from the District, NNC shall cause such person to be removed from servicing the District and shall take such other action as may be reasonably necessary to cause such sexual harassment to cease. 19. Venue: The parties irrevocably agree that any action or proceeding brought to enforce any rights, duties or obligations under this Agreement shall be brought in the Supreme Court of the State of New York in Westchester County, in the United States District Court for the Southern District of New York, or State of Connecticut. 20. Miscellaneous: All prior understandings, agreements, representations and warranties, oral or written, between the parties hereto are merged in this Agreement; this Agreement, together with the Consultation Proposal and the Request for Proposals issued by the District, completely expresses their full agreement. The Terms of this Agreement may not be modified or waived except by a writing executed by the parties hereto. Any singular word or term herein shall also be read as in the plural and the neuter shall include the masculine and feminine gender, whenever the sense of this Agreement may require it. The captions in this Agreement are for convenience of reference only and in no way define, limit or describe the scope of this Agreement and shall not be considered in the interpretation of this Agreement or any provision hereof. This contract is intended for the exclusive benefit of the parties hereto and, except as otherwise expressly provided herein, shall not be for the benefit of, and shall not create any rights in, or be enforceable by, any other person or entity. This Agreement shall be governed by and construed pursuant to the laws of the states of New York and Connecticut without resort to choice of laws principle. IN WITNESS HEREOF, the parties have executed the Agreement as of the day and year written below: The District: BY:____________________________________ Dated:__________________________________ Address: 10 Gerstein St, Croton-On-Hudson, NY 10520 Email for Notice: denise.cohen@chufsd.org The Consultant: BY:____________________________________ Dated:__7/31/2026________________________ Address: P.O. Box 468, Katonah, NY 10536 Email for Notice: info@notonutrition.com