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Home My WebLink About20051260.tiff RESOLUTION RE: APPROVE PURCHASE OF SERVICES AGREEMENT 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, 2005, and ending May 31, 2006, 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 25th day of April, A.D., 2005. L�J /� BOARD OF COUNTY COMMISSIONERS / l//I,//A////��/Q//, WELD COUNTY, COLORADO y ;' William H. e, Chair u Clerk to the Board -\ -LBSTE- 11-1 eile, Pro.— Deputy Clerk to the Board �M \ Day' E. Lon A O DAS • - Rflen G Date of signature: 2005-1260 r /c / HR0076 l �7 �l_�G� �� CS -Cc-/-C MEMORANDUM a fDATE: April 19, 2005 ' TO: Board of County Commissioners tor `�C�FROM: Walt Speckman, Executive Director \I COLORADO 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 learning opportunities, promoting parent involvement, successful transition of preschool aged children into the public schools. The Housing Authority desires to provide playground space, maintenance, childcare and nutrition services for the Migrant Head Start Program. 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 Snack $1.50 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$35.00 per day as needed. FENWC will pay a one- time registration/activity fee of$25.0 per child. If you have any questions please contact Janet Flaugher, Director, @ 353-3800, ext. 3340. 2005-1260 PURCHASE OF SERVICES AGREEMENT June 2005 - May 2006 THIS AGREEMENT entered into this 1st day of June, 2005, 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, 2005, through May 31, 2006. Purchase of service Agreement Weld County/Montrose Housing Authority —2005 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, lunch, snack, and dinner for the children participating in the Migrant Head Purchase of Service Agreement Weld County/Montrose Housing Authority —2005 Page 2 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/Dinner $4.00 Snack $1.50 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$25.00 per child. B. FENWC Responsibilities I) 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 Purchase of Service Agreement Weld County/Montrose Housing Authority —2005 Page 3 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. 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 Purchase of Service Agreement Weld County/Montrose Housing Authority —2005 Page 4 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. 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. Purchase of Service Agreement Weld County/Montrose Housing Authority —2005 Page 5 11) 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. 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 Purchase of Service Agreement Weld County/Montrose Housing Authority —2005 Page 6 undersigned parties that nay entity other than the undersigned parties receiving services or benefits under this Agreement shall be deemed an incidental beneficiary only. 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 set their hand and seals this day of_51, 4'J' 2005. BOARD OF COMMISSIONERS MONTROSE COUNTY HOUSING AUTHORITY WELD COUNTY, COLORADO OLATHE, COLORADO I,! lam Jerke,Chairperson lA1z �� ' APR 2 5 2005 Tim Heads, Executive Director tiM) I 4a I -..4., "1 D COUNTY CLERK TO THE BOARD WELD COUNTY DIVISION OF HUMAN // SERVICES J ileeSesest, By: Depu Clerk to the r J. Speckman, Executive Director Purchase of Service Agreement Weld County/Montrose Housing Authority —2005 Page 7 Hello