HomeMy WebLinkAbout20012023 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, 2001, and ending May 31, 2002, 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 30th day of July, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
WELD CO , COLORADO
ATTEST: Ll ;���' E.%� de•>
M. J. eile, Chhai
Weld County Clerk to th�Bt�: �, .• °. ��`
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��JJrr ,.;:p Glenn�a�d, Pr
BY: r,� �.�. ' .S
Deputy Clerk to the Boa �'', / . /,,e
Willirke
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D id . Long
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e, /ounty A or ey V� Ir
Robert D. Masden
Date of signature: ?.�
Date of full execution: a
2001-2023
lin,• /i,Q HR0072
(si ' ` : L, MEMORANDUM
TO: Weld County Board of County Commissioners
FROM: Walt Speckman, Executive Director, T sign-of
Human Services
COLORADO DATE: July 30, 2001
SUBJECT: Purchase of Services Agreement Between the
Family Educational Network of Weld County
and Montrose County Housing Authority
Presented before the Weld County Board of County Commissioners is a Purchase of
Services Agreement Between the Family Educational Network of Weld County and the
Montrose County Housing Authority for the provision of maintenance, nutritional services,
and before and after child care.
If you need further information please contact Tere Keller-Amaya at extension 3342.
2001-2023
PiTRCI311.AtSE OF BERYZCEs
AGREED/KENT
THIS AGREEMENT entered into this _1st day of June, 2001, by and between the
County or 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
X-Iousinig Authority,hereinafter referred to as"Housing Authority."
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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 desires to provide playground space, custodial,maintenance, 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 custodial, 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 1,2001,through May 31,2002.
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
extraordinary and beyond the scope of normal wear and tear or routine building services
maintenance.
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FENWC agrees to pay for utilities to include: gas, electricity, telephone, sewage, water and trash
attributable only to property knows 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 worth below.
Housing Authority shall submit an invoice to FENWC periodically for custodial and maintenance
services, utilities. 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 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 Child $2.25 Adult $2.25
Lunch Child $3.50 Adult $3.50
Snack Child $1.00 Adult $1.00
Dinner Child $3.50 Adult $3.50
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 at least two (2)
weeks in advance for approval.
5)Participate with Weld County in providing quality childcare in the following way:
a) Provide before and after child care for up to thirty-one (31) eligible
Migrant/Seasonal Head Start children (8 infants, 8 toddlers, and 15 preschool age
children) Monday through Friday, from 5:00 a.m. to 9:00 a.m., and 3:00 p.m. to 6:00
p.m., in a facility licensed by the State of Colorado, Department of Human Services,
Division of Child Care Services.
b) Invoice FENWC and the Child Care Assistance Programs (CCAP) in Delta and
Montrose Counties for eligible child care reimbursement for the time they attend
Child Quest. Any reimbursement from CCAP will be credited back to Weld County
on the subsequent month's billing statement.
c) Accept the FENWC Migrant/Seasonal enrollment application for Child Quest
enrollment.
d) Share staff resources with FENWC as needed for the Before-and-After School
Program.
e) Invoice FENWC for services for children determined to be ineligible
for CCAP reimbursement through Delta and Montrose Departments of
Social Services at a rate of $21.00 .
f) Invoice FENWC a one-time registration / activity fee of $25.00 per
child.
B. FENWC Responsibilities
1) FENWC shall be responsible for paying for phone, fax, or copier services for Olathe
Migrant Head Start Center.
2) It is anticipated that there will be approximately 12 adults and 25 children participating
in the Migrant Head Start Program. However, FENWC shall establish a calendar monthly
minimum number children and adult meals to prepare beginning June 18`h. 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) Participate with Child Quest Learning Center in providing quality childcare in the
following way:
a) Enroll eligible Migrant/Seasonal Head Start children in the Migrant/Seasonal Head
Start Program and Child Quest. Assist the same families in applying for the CCAP
program.
b) Provide Migrant/Seasonal Head Start services to eligible children Monday through
Friday from 9:00 a.m.to 3:00 p.m.
c) Reimburse Child Quest for care for Migrant/Seasonal Head Start children
determined to be ineligible for CCAP reimbursement through Delta and Montrose
Departments of Social Services at a rate of $21.00 and a one-time registration fee
of$25.00 per child.
d) Share staff resources with Child Quest as needed.
4) 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.
5)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.
6)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.
7)Non-Assignment
This Agreement shall not be assignable without prior written consent of FENWC and
Housing Authority,whichever is the non-assigning party.
8)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.
9) 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'
Family Educational Network of Weld County's
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
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.
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 ;011 day of
2001.
BOARD OF COMMISSIONERS MONTROSE COUNTY HOUSING AUTHORITY
WELD COUN ,COLORADO OLATHE, COLORADO
J Geile, Chairperson Board epresentative
ATTEST: JtheilLa
I ��
WELD COUNTY CLERK T =i ELD COUNTY DIVISION OF HUMAN
O RVICES
By: Deputy Clerk to t� ..4 � eckm 'rector
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