HomeMy WebLinkAbout20040196.tiff RESOLUTION
RE: APPROVE LEASE AGREEMENT AND AUTHORIZE CHAIR TO SIGN - CENTENNIAL
DEVELOPMENTAL SERVICES, INC.
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 Lease 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 Centennial Developmental Services, Inc., commencing July 1, 2003, and ending upon two
weeks notification by either party,with further terms and conditions being as stated in said lease,
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 Lease 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 Centennial Developmental
Services, Inc. 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 12th day of January, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
W D COUNTY, COLORADO
ATTEST: //,, ita
Robert D. Masden, Chair
Weld County Clerk to ekfV
BY: =d • ` I�
�, William . rke, Pro-Tem
Deputy Clerk to they .Ol Nit � ae-Y
��...� M. eile
AP D M: E
David E. Long
ounty Att ey
GI nn Vaad
Date of signature:
2004-0196
HR0075
(:(1 /VC(�7o-,;e5) O/-aJ—Cy
LEASE AGREEMENT
WELD COUNTY DIVISION OF HUMAN SERVICES'
FAMILY EDUCATIONAL NETWORK OF WELD COUNTY
AND
CENTENNIAL DEVELOPMENTAL SERVICES, INC.
This agreement made between and entered into this { day of August, by and between the County of
Weld, State of Colorado, by and through the Weld County Board of County Commissioners 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 Centennial Developmental Services, Inc., hereinafter
referred to as"CDSI".
WHEREAS,CDSI ov-"s the premises known as Centennial Developmental Services,Inc.,located
at 1050 37*b. r,eer, Evans, Colorado 80620, and;
WHEREAS, FENWC desires to occupy two rooms of said building from CDSI for use as Head
Start Program classrooms
NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties
hereto agree as follows:
1. Premises. FENWC will occupy two classrooms in the CDSI facility.
2. Term. The term of the agreement shall be month to month, commencing July 1,2003.
3. Rent. Rent and utilities are $1,200.00 per month for two classrooms, payable the first of each
month..
4. Modifications. FENWC shall at its' own expense install such equipment as may be necessary for
telephone and computer service.
5. Damage. FENWC agrees to keep said building space in as good repair as it was found upon being
occupied. FENWC shall not commit any damage or destruction to the premises it occupies or to
any part of the building. FENWC agrees to promptly pay for all damage caused by the FENWC
not considered ordinary wear and tear.
6. Maintenance. CDSI shall be responsible for maintenance necessary to the exterior and interior of
the building, the roof, the structural components of the building and building systems, including,
but not limited to, any repairs to sewers, heating unit, appliance wiring, plumbing facilities, doors,
windows,door locks,common areas,hallways,parking lot,sidewalks,walkways and landscaping.
7. FENWC's Property. CDSI shall not be responsible for the damage or destruction of FENWC's
property,unless caused by the negligence of CDSI.
8. Use of Property. FEWNC shall use the premises for lawful purposes and only for the purpose of
operating Head Start/Early Childhood Educational classrooms.
9. Janitorial. FENWC agrees to provide janitorial services for the two rooms utilized by FENWC
each day of their occupancy.
&ccy—c19 6
10. Safety Practices and Procedures. FENWC agrees to fully cooperate with and participate in all
safety practices as specified in CDSI's policies and procedures. Additionally FENWC will
assume the responsibilities of assuring the safety of their employees and program participants at
the time.
11. Insurance. FENWC will provide CDSI with a certificate of insurance naming CDSI as additional
insured for liability.
12. Limitations. CDSI 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.
13. Liability. 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 of omissions of CDSI, its
employees, volunteers, or agents while performing this agreement. CDSI, its officers and
employees, shall not be held liable for injuries or damages caused by any negligent acts of
omissions of FENWC, or its employees, volunteers, or agents while performing functions as
described in this agreement. CDSI shall provide adequate liability and worker's compensation
insurance for all of its employees, volunteers or 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 lessee engaged in the performance of this agreement.
14. Conflict of Interest. No officer, member, or employee of the 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.
15. Agreement Supervision. CDSI understands that the Weld County Division of Human Services
shall conduct monitoring and evaluation of the performance of this agreement and the results
provided to the Weld County Board of County Commissioners.
16. Discrimination. CDSI 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.
17. Waiver. No portion of this agreement shall be deemed to constitute a waiver of any immunities
of the parties, their officers or employees may possess, nor shall any portion of this agreement be
deemed to have created a duty of care with respect to any persons not a party to this agreement.
18. Budget Limitations. No portion of this agreement shall be deemed to have created an obligation
on the part of the County of Weld, State of Colorado,to expend funds not otherwise appropriate in
each succeeding year.
19. Severability. 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 to be unconstitutional or invalid.
20. Termination. This agreement may be terminated at any time by either party giving two-week
notice and is subject to funding.
21. Entire Agreement. The foregoing constitutes the entire agreement between the parties and may
be modified only by a writing signed by both parties.
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 CENTENNIAL DEVELOPMENTAL
COUNTY COMMISSIONERS SERVICES,INC.-.‘,.._WS6\t \\\\\f,AV---Robert D. Masden,. Chairperson (1-12-2004) Mar u Walton, Executive Director
ATTEST: �'� �-
IL, 1` WEKD COUNTY DEPARTMENT OF
WELD CO NTY CLE' O x: '.1 ` HUMAN SERVICES
c� (
�1 /
Deputy Clerk to the Boa 4 '*JI•n Net4I WaiteyJJ. Speckman,Executive Director
l� v'
dcCSi— C/94
MEMORANDUM
t -,,---
DATE: January 7, 2004
--
W ' O •TO: Weld County Board of Commissioners t—
FROM: Walter J. Speckman, Executive Director `�-
COLORADO SUBJECT: Purchase of Service Agreements
Enclosed for Board approval is a Lease Agreement between FENWC and Centennial
Developmental Services, INC. (CDSI)
FENWC has occupied two classrooms in the CDSI facility. FENWC has agreed to pay CDSI$1,200
per month for rent and utilities. The term of this agreement is from August 2003, to January 30,
2004.
If you have any questions please feel free to telephone me at extension 3317.
2004-0196
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