HomeMy WebLinkAbout20073064.tiff RESOLUTION
RE: APPROVE PURCHASE OF SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN
- NEW HOPE ACADEMY OF GREELEY
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
Internet and Custodial Services 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 New Hope Academy of Greeley,
commencing September 1,2007, and ending June 8,2008,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 Internet and Custodial Services
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 New Hope Academy of Greeley, 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 1st day of October, A.D., 2007, nunc pro tunc September 1, 2007.
• BOARD OF COUNTY COMMISSIONERS
WE COUNTY, COLORADO
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: Al/ , ov1/4._
David E. Long, Chair
uy Clerk to
? William . r ProTem
BY: �2 �/
De Cler o the Boar
J Wil k m F. Garcia
APPR M: �
Robert D. Masden
upty Attorneyce)
Douglas Rademacher v
Date of signature: l°/f to(07
2007-3064
; { S C 1 °'S HR0078
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MEMORANDUM
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DATE: September 19, 2007
ITO: Board of County Commissioners
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�`� 0 FROM: Walt Speckman, Executive Director
COLORADO SUBJECT: Purchase of Services Agreement between FENWC and
New Hope Academy
Presented for approval before the Weld County Board of County Commissioners, is a Purchase
of Services Agreement between FENWC and New Hope Academy.
This contract is for internet and custodial service at New Hope Academy.
New Hope Academy will provide:
. One preschool-appropriate, licensable classroom for 2 half-day sessions of preschool children
(30 children total).
. Office with Internet computer access and phone service for the HS Center Director.
FENWC will pay New Hope Academy $275.00 per month. The amount covers the cost of rent,
utilities,janitorial services, trash removal, and Internet access.
The term of this Agreement is from September 1, 2007 through June 8, 2008.
If you have any questions please contact Janet Flaugher, Director, @ 353-3800, ext. 3340.
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2007-3064
PURCHASE OF SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this l(-th day of September 2007 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 Services'
Family Educational Network of Weld County's Head Start Program hereinafter referred to
as FENWC and the New Hope Academy of Greeley, hereinafter referred to as the New
Hope Academy.
WITNESSETH
WHEREAS, the New Hope Academy operates as a licensed state charter school
and provides public education to the students of the Weld County, and
WHEREAS, the New Hope Academy has expressed a desire to maintain a Head
Start double session classroom in its elementary school so that all eligible children may
receive a consistent preschool experience and be better prepared for entry into
kindergarten, and
WHEREAS, FENWC receives funding and authority for the Head Start Program, to
provide comprehensive quality education to eligible preschool age children,
NOW, THEREFORE, in consideration of the premises, the parties hereto covenant
and agree as follows:
1. Term of Agreement:
The term of this Agreement is from September 1, 2007, through June 8, 2008.
2. Geographic Areas to be Served:
Early Childhood Education services shall be provided to Head Start-eligible children
who are eligible to be enrolled in preschool services in Weld County.
3. New Hope Academy Responsibilities:
a. Provide one preschool-appropriate, licensable classroom for 2 half-day
sessions of preschool children (30 children total). FENWC shall have access
to the area described above between the hours of 7:30 a.m. and 5:00 p.m.
Monday through Friday, and occasional evenings. FENWC will provide to
New Hope Academy a one (1) week advance notice of any needed
occasional evening usage.
b. Provide an office with Internet computer access and phone service for the
Head Start Center Director.
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c. Assess the amount of $275.00 per month for said building space. The
amount covers the cost of rent, utilities, janitorial services, trash removal,
phone access and Internet access.
d. Be responsible for all repairs necessary to the exterior and interior of the
building, including, but not limited to, any repairs to sewers, heating units,
appliances wiring, plumbing facilities, doors, windows, door locks, etc.,
unless caused by negligence on the part of the FENWC.
e. Provide trash removal service.
f. New Hope Academy will not be held liable for any loss of or damage to
FENWC's furniture or equipment placed on the premises, unless caused by
negligence on the part of the New Hope Academy.
g. In concert with FENWC, coordinate efforts among school staff, FENWC staff,
and parents to maximize the opportunities for a successful transition of
students and parents into the public school system.
h. Submit an itemized invoice for contract services to FENWC by the 20th of
each month. FENWC will provide payment to the District by the 10th of the
following month. Invoices shall be mailed to:
Family Educational Network of Weld County
P.O. Box 1805
Greeley, CO 80632
Attn: Dr. Janet Flaugher
4. FENWC Responsibilities:
a. Provide liability insurance for the Head Start children.
b. Provide an early intervention program for preschool age children in need of
language development, to help ensure future academic success.
c. Utilize the child's dominant language for concept development and transfer
of the concept into the English language, with those children who are
monolingual in a language other than English.
d. Maintain an adequate child/staff ratio to ensure needed individualized
language stimulation. There will be a maximum of 15 children per classroom,
with one teacher and one teacher aide.
e. FENWC will pay for the costs of telephone installation and service and
computer services.
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f. FENWC agrees to keep said building space in as good repair as it was found
upon being occupied by the Program. FENWC agrees to pay for all damage
caused by FENWC not considered to be ordinary wear and tear.
g. FENWC agrees to maintain liability insurance and provide New Hope
Academy with proof of insurance certificate.
5. Modification of Agreement:
All modifications to this Agreement shall be in writing and signed by both parties.
6. Assignment:
This Agreement shall be binding upon the parties hereto, their successors, heirs,
legal representatives, and assigns. FENWC may not assign any of its rights or
obligations hereunder without the prior written consent of New Hope Academy.
7. Applicable Law:
New Hope Academy agrees to follow policies and procedures of the Head Start
Performances Standards—CFR 1304 & 1308, as construed in accordance with the
Head Start Act of 1998.
8. Assurances:
a. New Hope Academy 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. FENWC, the Weld County Board of Commissioners, its officers and
employees, shall not be held liable for injuries or damages caused by any
negligent acts or omissions of New Hope Academy, its employees,
volunteers, or agents while performing this Agreement. New Hope
Academy, its officers and employees, shall not be held liable for injuries or
damages caused by any negligent acts or omissions of FENWC, or its
employees, volunteers, or agents while performing functions as described
in this Agreement. New Hope Academy, shall provide adequate liability
and worker's compensation insurance for all of its employees, volunteers
agents engaged in the performance of this Agreement, as required by the
Colorado Worker's Compensation Act.
Likewise, FENWC, by and through the Board of Weld County
Commissioners, shall provide adequate liability and workers' compensation
insurance for all employees of FENWC engaged in the performance of this
Agreement.
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c. 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 or the proceeds thereof.
d. New Hope Academy understands that monitoring and evaluation of the
performance of this Agreement shall be conducted by FENWC.
e. New Hope Academy, 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 Agreement.
f. No portion of this Agreement shall be deemed to constitute a waiver 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 with respect
to any persons not a party to this Agreement.
g. 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 in each succeeding year.
9. Termination:
This Agreement may be terminated at any time by either party giving thirty(30)days
written notice and is subject to the availability of funding.
10. Entire Agreement:
This Agreement constitutes the entire understanding between the parties with
respect to the subject matter hereof, and may not be changed or modified except as
stated in Paragraph 5 herein.
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 unconstitutional or invalid.
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IN WITNESS WHEREOF, the parties hereunto have caused this Agreement to be
duly executed as of the day and year first herein above set forth.
WELD COUNTY BOARD OF COUNTY NEW HOPE ACADEMY
COMISSIONERS
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David E Lon Chair Rev a GRi o Ma na
Long, CT � 1 2001 g g
ATTEST: 44"L1u
WELD COUNTY CLERK TO THE $ IE 7
BOARD
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By. e 8 icC7 r'. al ,y
Deputy Clerk to the Boar& 1
ATTESTING TO BOARD OF COUNTY.
COMMISSIONER SIGNATURES ONLY
WELD COUNTYDIVISION OF
HUII R ICES
Wa J. Speckman, Executive Director
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