HomeMy WebLinkAbout20061447.tiff RESOLUTION
RE: APPROVE PURCHASE OF SERVICES AGREEMENT FOR MIGRANT AND SEASONAL
HEAD START 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
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, 2006, and ending May 31, 2007, 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 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 31st day of May, A.D., 2006.
BOARD WELD COO NTOUNTY COMMISSIONERS
Y, COLORADO
ATTEST: 1r y� efiL�+/
J. le, Chair
Weld County Clerk to th'' err 4 j
1
CIN
` David E. Long, Pro-Tem
BY: � 2./it �`," (�p i (V--66-4°1'914
L ,
De uty Clerkto the Board t • .l--4_,
W. . m H. Jerke
APP AST US'
Robert D. Ma en
ounty At orney
Glenn Va d—
Date of signature: (13/0c%
2006-1447
00 HSc N.C.,` HR0077
MEMORANDUM
DATE: May 25, 2006
C TO: M.J. Geile, Chair, Board of County Commissioners r
FROM: Walter J. Speckman, Executive Director, Human .
COLORADO Services
SUBJECT: Purchase of Service Agreement between the
Family Educational Network and Montrose County
Housing Authority
Enclosed for Board approval is a Purchase of Service Agreement between the Family Educational
Network's Migrant/Seasonal Head Start Program and the Montrose County Housing Authority.
The Housing Authority agrees to the following:
1. Will perform all repairs necessary to the exterior and interior of the Head Start facility located
at 290 Hap Court at a cost for actual time and materials used.
2. Provide daily meals including breakfast and lunch for the children of the Migrant Head Start as
well as FENWC staff, Monday through Friday, at a cost of $2.75 for breakfast and $4.00 for
lunch.
3. 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 and a one-time registration/activity fee of $30.00 per
child.
The term of this Agreement shall be from June 1, 2006 through May 31, 2007
If you have any questions, please telephone Janet Flaugher at extension 3340.
2006-1447
PURCHASE OF SERVICES AGREEMENT
June 2006 - May 2007
THIS AGREEMENT entered into this 1st day of June, 2006, 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, 2006, through May 31, 2007.
Purchase of Service Agreement
Weld County/Montrose Housing Authority —2006 Page I
3) Compensation
FENWC agrees to pay the Housing Authority for building maintenance services at
the cost for actual time and materials used.
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, PO Box 1805, Greeley,
Colorado 80632. FENWC will pay for all statements submitted within thirty (30)
days after receipt.
4)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,
Purchase of Service Agreement
Weld County/Montrose Housing Authority —2006 Page 2
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.
Purchase of Service Agreement
Weld County/Montrose Housing Authority —2006 Page 3
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.
4) 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.
5) 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.
6)Non-Assignment
This Agreement shall not be assignable without prior written consent of
FENWC and Housing Authority, whichever is the non-assigning party.
7)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.
Purchase of Service Agreement
Weld County/Montrose Housing Authority —2006 Page 4
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.
8) 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
10) 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.
11) Severability
Purchase of Service Agreement
Weld County/Montrose Housing Authority —2006 Page 5
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.
12) 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.
13)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.
14) 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.
15) 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.
16)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.
Purchase of Service Agreement
Weld County/Montrose Housing Authority —2006 Page 6
Assurances:
Child Quest agrees that it is an independent contractor and that ifs 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 set their hand and seals this
31* day of / ',Sy 2006.
BOARD OF COMMISSIONERS MONTROSE COUNTY HOUSING
AUTHORITY
WELD COUN Y, COLORADO OLATHE, COLORADO
-------------
M. J. Geile, Chairperson MAY 3 1 2006 Tim Heay rs, Executive Director
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ATTEST: tG �� L } / .
61'^ 9 \ •
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WELD COUNTY CLERK TO THE B 1 A7` .:
/it( c H ,t�t iC� (? ".
By: puty C rk to the BoardL
07
WED Y DI IS�F HUMAN SERVICES
Wal J. peckman, Executive Director
Purchase of Service Agreement
Weld County/Montrose Housing Authority —2006 Page 7
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