HomeMy WebLinkAbout20081182.tiff RESOLUTION
RE: APPROVE PURCHASE OF SERVICES AGREEMENT FOR MIGRANT HEAD START
PROGRAM AND AUTHORIZE CHAIR TO SIGN - MONTROSE COUNTY HOUSING
AUTHORITY
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
Migrant 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 the Montrose County Housing Authority,
commencing June 1, 2008, and ending May 31, 2009, 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 Migrant 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 the Montrose County Housing Authority 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 23rd day of April, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
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COUNTY, COLORADO
ATTEST: ..L ,.,10/�'(/� -- I L,—
86i H. Jerke, Chair
Weld County Clerk to the Boar9
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Pro-Tem
BY:
Deputy Jerk to the Board '
Willigna F. Garcia
APP AS M: n
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David Long
my Attorney o�
Dbugl s Radema her
Date of signature: y Z8
2008-1182
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MEMORANDUM
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DATE: April 17, 2008
Wimp TO: Board of County Commissioners
FROM: Walt Speckman, Executive Director I
• /
COLORADO 11)(ik—
SUBJECT: Purchase of Services Agreement between FENWC and
Montrose County Housing Authority
Presented for approval before the Weld County Board of County Commissioners is a Purchase
of Services Agreement between FENWC and Montrose County Housing Authority, hereinafter
referred to as " Housing Authority."
The Housing Authority and FENWC agree to enter into a twenty(20)year coordination
agreement on June 23, 1997 for the purpose of enhancing early childhood leaming
opportunities, promoting parent involvement, successful transition of preschool aged children
into the public schools.
The Housing Authority desires to provide playground space, maintenance, and nutrition services
for the Migrant Head Start Program from 5:00 a.m. -6:00 p.m.
FENWC agrees to pay the Housing Authority for building maintenance services at the cost for
actual time and materials used. FENWC also agrees to pay for any mutually agreed upon
repairs or additions to the exterior or interior of the building. The Housing Authority shall keep a
logbook for that purpose and all labor and associated material costs will be noted in the log.
FENWC agrees to pay for utilities to include: gas, electricity, telephone, sewage, water and trash
attributable only to property know as 290 Hap Court, other wise referred to as, "The Head Start
Facility". The Housing Authority shall submit an invoice to FENWC periodically for all services
performed.
In addition, FENWC agrees to pay the Housing Authority for meals(breakfast, lunch, snack, and
dinner) Monday through Friday, provided to FENWC for the Migrant Head Start Program.
The cost for providing such meals for which FENWC agrees to reimburse Housing Authority
shall be as follows:
Breakfast $2.75
Lunch/Dinner $4.00
The Housing Authority also agrees to provide Early Childcare Services for children placed at
Child Quest or determined to be ineligible for CCAP reimbursement through Delta and Montrose
Departments of Social Services at a rate of$25.00 per day as needed. FENWC will pay a one-
time registration/activity fee of$30.00 per child.
Term of this Agreement shall be effective from June 1, 2008 through May 31, 2009.
If you have any questions please contact Janet Flaugher, Director, @ 353-3800, ext. 3340.
2008-1182
PURCHASE OF SERVICES AGREEMENT
THIS AGREEMENT entered into this 1St day of May 2008, by and between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County
Division of Human Services Family Educational Network of Weld County's Migrant Head Start
Program, hereinafter referred to as "FENWC," and the Montrose County Housing Authority,
hereinafter referred to as "Housing Authority."
WITNESSETH
WHEREAS, FENWC has been designated by the Federal Department of Health and Human
Services to operate a Migrant Head Start Program ("the Migrant Head Start Program") under the
provisions of Title V of the federal "Economic Opportunity Act of 1964," as amended, for the
northwestern region of Colorado; and
WHEREAS, Housing Authority and FENWC agreed to enter into a twenty (20) year
coordination agreement on June 23, 1997 for the purpose of:
o Enhancing early childhood learning opportunities
o Facilitating successful transition of preschool aged children into the public
schools,
o Promoting parental involvement in all levels of the elementary schools,
o Promoting educational success of public schools FENWC students.
WHEREAS, Housing Authority desires to provide playground space, maintenance, childcare
and nutrition services for the Migrant Head Start Program.
NOW THEREFORE, for and in consideration of the covenants, conditions, agreements, and
stipulations hereinafter expressed, the parties do hereby agree as follows:
1) Provision of Maintenance and Nutritional Services, and Playground Space
The Housing Authority agrees to provide maintenance and nutrition services and
playground space at the Housing Authority Center ("the School Facilities") during the
Term of this Agreement between the hours of 5:00 a.m. and 6:00 p.m., Monday through
Friday.
2) Term of the Agreement
This Agreement shall be effective from June 1, 2008, through May 31, 2009.
3) Compensation
FENWC agrees to pay the Housing Authority for building maintenance services at the
cost for actual time and materials used.
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FENWC agrees to pay the Housing Authority for any mutually agreed upon repairs or
additions to the exterior or interior of the building. Such repairs or additions would be
considered routine building services maintenance. An authorized FENWC employee must
request all such repairs in writing. The Housing Authority shall keep a logbook for that
purpose and all labor and associated material costs will be noted in the log.
FENWC agrees to pay for utilities to include: gas, electricity, telephone, sewage, water
and trash attributable only to property known as 290 Hap Court, otherwise referred to as,
"The Head Start Facility".
FENWC will provide adequate insurance for the purposes of program operations to
include: child liability, property liability, casualty liability, and premises liability
insurance.
In addition, FENWC agrees to pay the Housing Authority for meals provided to FENWC
for the Migrant Head Start Program as more specifically set forth below.
Housing Authority shall submit an invoice to FENWC periodically for all services
performed. Housing Authority shall invoice FENWC for meals by the 10th of each
month for services provided during the proceeding month during the agreed upon period
of time in which meals are prepared. All billing invoices shall be sent to:
Family Educational Network of Weld County
Dr. Janet Flaugher, Director
PO Box 1805
Greeley, Colorado 80632
FENWC will pay for all statements submitted within thirty(30) days after receipt.
4) In Kind Contribution
Housing Authority acknowledges that the provision of the above outlined services at the
designated costs represents an in kind contribution of$12,000 to the FENWC program in
the services and amounts following; for leased space and playground, $10,600 ; and for
maintenance services, $1.400.
5) Parties' Responsibilities
A) Responsibility of the Housing Authority
1) Housing Authority shall be responsible to see that all repairs necessary to the
exterior and interior of the building are provided, including, but not limited to, any
repairs to sewer, heating units, appliances, wiring, plumbing facilities, doors,
windows, door locks, etc., unless caused by negligence on the part of FENWC.
2) Housing Authority agrees to provide daily meals, including breakfast, and lunch
for the children participating in the Migrant Head Start as well as FENWC staff,
Monday through Friday. The cost for providing such meals, for which FENWC
agrees to reimburse Housing Authority, shall be as follows:
Breakfast $2.75
Lunch $4.00
3) Housing Authority agrees to provide meals in accordance with the regulations of
the United States Department of Agriculture's Child Care Food Program, as more
specifically set for the in Attachment"A", incorporated herein.
4) Housing Authority will provide the FENWC nutritionist with menus upon
request.
5) Participate with Weld County in providing quality childcare in the following
way:
a) Invoice FENWC for Early Childcare Services for children placed at Child
Quest or determined to be ineligible for CCAP reimbursement through Delta
and Montrose Departments of Social Services at a rate of $25.00 per day as
needed.
b) Invoice FENWC a one-time registration/activity fee of$30.00 per child.
B. FENWC Responsibilities
1) FENWC will operate the Migrant Head Start Program to be located on Housing
Authority premises. FENWC will provide portable classrooms for early childhood
education services at the aforementioned site at no cost to Housing Authority. The
portable classrooms will remain on Housing Authority property for a term of twenty
(20) years contingent upon funding sources. One hundred eighty (180) days after
FENWC ceases to run programs, the buildings will be removed and the area
restored to original condition.
2) FENWC shall establish a calendar monthly minimum number children and adult
meals to prepare. FENWC agrees to pay the higher of the actual number of meals
ordered or the monthly minimum based on the cost schedule above. FENWC shall
also notify Housing Authority one week before any holiday or vacation that meals
will not be needed for those specified days.
3) FENWC will apply directly to the USDA for reimbursement for each child's
meal on a monthly basis. Housing Authority will not apply, nor receive,
reimbursement for these meals.
6) Parties' Relationship
The parties to this Agreement intend that the relationship between them
contemplates by this Agreement is that of independent entities working in mutual
cooperation. No employee, agent, or servant of one party shall be or shall be
deemed to be an employee, agent or servant of another party to this Agreement.
7) Limitations - Liabilities - Indemnification
Each party shall not be responsible or liable for acts or omissions or failure to act
by the other party. Accordingly, FENWC agrees to indemnify and hold Housing
Authority harmless from any and all liability incurred by acts, omissions, or failures to act
by FENWC and, likewise, Housing Authority agrees to indemnify and hold FENWC
harmless from any and all liability incurred by acts, omissions, or failures to act by
Housing Authority, pursuant to the terms of this Agreement. Because FENWC is a
department of the Weld County Government, Housing Authority acknowledges that its
agreement to indemnify and hold harmless FENWC extends to Weld County, its
employees, agents, subcontractors, and assignees.
The term "LIABILITY"includes, but is not limited to, any and all claims, damages, and
court awards including costs, expenses, and attorney fees incurred as a result of any act of
omissions by the applicable party who acted or failed to act.
8) Non-Assignment
This Agreement shall not be assignable without prior written consent of FENWC and
Housing Authority, whichever is the non-assigning party.
9) Termination
Either party may terminate this Agreement for cause upon ten (10) days written notice
and for any reason so long as thirty (30) days written notice of its intent to so terminate is
given to the other party. If this Agreement is so terminated, FENWC shall pay that
compensation to Housing Authority, which reflects the actual number of days Housing
Authority's building facilities were used by FENWC and for which Housing was not
previously reimbursed, pursuant to this Agreement.
This Agreement will be immediately terminated, in any case, if Migrant Head Start
Program funding is terminated or is no longer available. However, if such a case were to
occur, all un-reimbursed charges due up to and including the date of termination will be
due and payable within 30 days.
10) Notices
Any notice provided for in this Agreement shall be in writing and shall be served by
personal delivery or by certified mail, return receipt requested, postage prepaid, at the
addresses set forth in this Agreement, until such time as written notice of a change is
received from the party wishing to make a change of address. Any notice so mailed and
any notice served by personal delivery shall be deemed delivered and effective upon
receipt or upon attempted delivery. This method of notification will be used in all
instances, except for emergency situations when immediate notification to the parties is
required.
FENWC
Weld County Division of Human Services
Migrant Head Start Program
PO Box 1805
Greeley, Colorado 80632
Housing Authority
Montrose County Housing Authority
222 Hap Court
Olathe, Colorado 81425
11) Modification and Breach
This Agreement contains the entire Agreement and understanding between the parties to
this Agreement and supersedes any other agreements concerning the subject matter of this
transaction, whether oral or written. No modification, amendment, renewal, or other
alteration of or to this Agreement and the attached exhibits shall be deemed valid or of
any force or effect whatsoever, unless mutually agreed upon in writing by the undersigned
parties. No breach of any term, provision, or clause of this Agreement shall be deemed
waived or excused, unless such waiver or consent shall be in writing and signed by the
party claimed to have waived or consented. Any consent by any party hereto, or waiver
of, a breach by any other party, whether express or implies, shall not constitute a consent
to, waiver of, or excuse for any other different or subsequent breach.
12) Severability
If any term of condition of this Agreement shall be held to be invalid, illegal, or
unenforceable, this Agreement shall be construed and enforced without such a provision;
to the extent this Agreement is capable of execution within the original intent of the
parties.
13) Funding
No portion of this Agreement shall be deemed to create an obligation on the part of the
County of Weld, State of Colorado, to expend funds not otherwise appropriated during
the term of this Agreement.
14) Pecuniary Interest
No officer, member, or employee of Weld County and no member of their governing
bodies shall have any pecuniary interest, direct or indirect, in the approved Agreement of
the proceeds thereof.
15) To Whom Services are to be provided
FENWC and Housing Authority assure compliance with Title VI of the Civil Rights Act
of 1964, that no person shall, on the grounds of race, color, sex, religion, age, national
origin, or individual handicap, be excluded from participation in, be denied the benefits
of, or be subject to discrimination under any provision of this Agreement.
16) Evaluation of Performance
Housing Authority understands that monitoring and evaluating the performance of this
Agreement shall be provided to the Weld County Board of Commissioners.
17) No Third Party Beneficiary Enforcement
No portion of this Agreement shall be deemed to constitute a waiver of any immunities
the parties of their or employees may possess, nor shall any portion of this Agreement be
deemed to have created a duty of care with respect to any person not a party to this
Agreement.
It is expressly understood and agreed that enforcement of the terms and conditions of this
Agreement and all rights of action relating to such enforcement shall be strictly reserved
to the undersigned parties, and nothing contained in this Agreement shall give or allow
any claim or right of action whatsoever by any other person not included in this
Agreement. It is the express intention of the undersigned parties that nay entity other
than the undersigned parties receiving services or benefits under this Agreement shall be
deemed an incidental beneficiary only.
18) Assurances:
Child Quest agrees that it is an independent contractor and that it's officers, employees,
and clients do not become employees of Weld County, and therefore are not entitled to
any employee benefits and Weld County employees, as a result of the execution.
FENWC the Weld County Board of Commissioners, it officers and employees, shall not
be held liable for injures or damages caused by any negligent acts or omissions of Child
Quest, its employees, volunteers or agents while performing this Agreement. Child
Quest 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.
IN WITNESS WHEREOF, the parties have hereunto caused this Agreement to be duly
executed as of the day and year first herein above set forth.
WELD COUNTY BOARD OF MONTROSE COUNTY
COUNTY COMMISSIONERS HOUSING AUTHORITY
71„ l-,.,--/
William h. Jerke, Chairperson im Hea rs, Executive Director
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ATTEST: �J/D�l/G'l✓ lii(
WELD COUNTY CLERK TO THE ''A Pr Illiim 001111{
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By: Deputy Clerk to the Board �N�/ '\ \e�
ATTESTING TO BOARD OF COUNTY
COMSM!SSIONER S.GNNATU LS ONLY
WEDOU TY DIVISION OF HUMAN SERVICES
Wal e . ueckman, Executive Director
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