HomeMy WebLinkAbout20001765.tiff RESOLUTION
RE APPROVE AGREEMENT FOR CHILD CARE DURING OPERATION FRONTLINE
CLASSES AND AUTHORIZE CHAIR TO SIGN - CHILD ADVOCACY RESOURCE AND
EDUCATION (CARE)
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 an Agreement for the Provision of Child
Care During Operation Frontline Classes between the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County, on behalf of the Colorado
State University Cooperative Extension, and Child Advocacy Resource and Education (CARE',
commencing August 1, 2000, and ending September 5, 2000, with further terms and conditiors
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 Agreement for the Provision of Child Care During Operaton
Frontline Classes between the County of Weld, State of Colorado, by and through the Board it
County Commissioners of Weld County, on behalf of the Colorado State University Cooperative
Extension, and Child Advocacy Resource and Education (CARE) be, and hereby is, approver
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 I:he following vote on the 26th day of July, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
F.
ATTEST: ,I � ,, /Zi /.�, EXCUSED DAT OF SIGNING � El
`�'J arbara J. K. eyer, Chair
Weld County Clerk to the 7
M . J. eile, Pro-Tem aC4-> ref z:L et Deputy Clerk to the Boa'i, _ U o / 4, ---
_� Georg . Baxter
APPROVED AS TO FOR EXCUSED DATE OF SIGNING (AYEl
Dale K. Hall
Cr C q �
CduryARorney� L� --- � ll l 6x ^"1 Glenn Vaad v
2000-1765
BO0029
AGREEMENT FOR CHILD CARE DURING OPERATION FRONTLINE CLASSES
CHILD ADVOCACY RESOURCE AND EDUCATION, INC. (CARE)
THIS AGREEMENT is made this 26 day of July, 2000, be and between the County of
Weld, a political subdivision of the State of Colorado, by and through the Board of County
Commissioners of the County of Weld, whose address is 915 10th Street, Greeley, CO 80631, on
behalf of Colorado State University Cooperative Extension, hereinafter referred to as "Extension "
and Child Advocacy Resource and Education, Inc., whose address is 814 9"' Street, Greeley, ( '1)
80631, hereinafter referred to as "CARE."
WITNESSETH:
WHEREAS, Extension has contracted with Share Our Strength ("SOS") to run certain
nutritional education classes under the name "Operation Frontline," at the Bunkhouse and/or 4-II
Building at Island Grove Regional Park for six (6) two (2) hour sessions, August 1. 2000. to
September 5, 2000, and
WHEREAS, Extension and SOS anticipate the need for child care for those class se:lion;,
and
WHEREAS, CARE has the resources and expertise to provide such child care at the cl.r,s
location(s) during said class sessions.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. PROVISION OF CHILD CARE: CARE agrees to provide free child care Hr
participants in the Operation Frontline Class conducted by SOS. Such child care
shall be for approximately 15 to 20 children, being of approximate ages of I t') 5
years old, and shall take place at the location of the Operation Frontline Cla';s
sessions in the Bunkhouse and/or 4-H Building at the Island Grove Regional ;lark. n
Greeley,Colorado,with the exception of August 29,2000,when such child care n i; y
need to be moved due to a scheduled field trip by class participants. Sessions sl is II
take place every Tuesday,from 11:00 a.m. to 1:00 p.m., beginning August I , 201),
and ending September 5, 2000. Such child care shall be conducted by CARE Iy
persons trained in proper child supervision and care.
2. COST: The child care provided by CARE, as detailed above in Section I, shall be
at no cost to either the participants or Extension.
3. INSURANCE/INDEMNIFICATION: CARE acknowledges that the persons
employed by it and providing the child care contemplated by this Agreement are
covered by adequate liability,worker's compensation,and unemployment insurance.
Page 1 of 3 Pages
Additionally represents and warrants that all of its insurance policies are in full fort e
and effect, all premiums with respect thereto have been paid, and no notice of
cancellation or termination has been received with respect to any such policy Si tch
policies are valid, outstanding and enforceable policies, and will not in any way be
affected by, or terminate or lapse by reason of, this Agreement. CARE agccer• to
indemnify and hold Extension harmless from and against any claims,demands,su its.
actions or proceedings, orders, decrees and judgments of any kind or nature iris]] g
out of any negligent act or omission of CARE of its employees, agents, contract ors
(but not including any negligent act or omission of Extension, its employees, or:my
person or entity affiliated with Extension) in the course of carrying out its duties as
detailed above.
4. ENTIRE AGREEMENT: This Agreement shall constitute the complete
agreement between the parties and no amendments to this Agreement shall he
binding unless memorialized in a writing signed by both parties.
5. CONSTRUCTION AND ENFORCEABILITY: If any term or condition of this
Agreement shall be held to be invalid,illegal,or unenforceable,this Agreement shall
be construed and enforced without such provision to the extent that this Agreement
is then capable of execution within the original intent of the parties hereto.
6. NO THIRD PARTY BENEFICIARY: It is expressly understood and agreed thin
the enforcement of the terms and conditions of this Agreement, and all rights of
action relating to such enforcement, shall be strictly reserved to the undersign(d
parties and nothing in this Agreement shall give or allow any claim or right oiact i( n
whatsoever by any other person not included in this Agreement. It is the express
intention of the undersigned parties that any entity other than the undersigned panics
receiving services or benefits under this Agreement shall be an incidental benetici[ii y
only.
7. ENTIRE AGREEMENT: 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 v✓ritte�t.
No modification, amendment, novation, renewal, or other alteration of or to this
Agreement 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 n,
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 mo hive
waived or consented. Any consent by any party hereto, or waiver of,a breach by a ry
other party, whether express or implied, shall not constitute a consent to, wa vet of,
or excuse for any other different or subsequent breach.
Page 2 of 3 Pages
8. NO WAIVER OF IMMUNITY: 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 dut of
care which did not previously exist with respect to any person not a party to this
Agreement. The parties hereto acknowledge and agree that no part of this Agrnem:.nt
is intended to circumvent or replace such immunities.
9. TERM: The term of this Agreement shall be during the class sessions detailed in
Section 1, above. Additional terms may be agreed to by the parties at the end of tl ie
original term.
10. RELATIONSHIP OF THE PARTIES: CARE shall undertake and perform the
service required herein as an independent CARE,and not as an employee of the I air
Board. CARE shall not be entitled to any benefits or compensation by Exteusien.
IT WITNESS WT4EREOF,tbe ies have hereunto set their hands and seals this 26th 4l,,y
of July, 2000 dil ELaATTEST:tigitil
y COUNTY OF WELD, STATE OF
®a� (� ►O Q — -I COLORADO, BY AND THROUGH TIJE
ET
'1i` , - ; BOARD OF COUNTY COMMISSIONERS
C OF THE COUNTY OF WELD
Deputy Clerk to the Boa Ur NI >/'
II x: j/ 41L 1 (,,,,,t7,.....‘ `=
/ Barbara J. Kirkmeyer, Chair'nan
(07/26/2000)
CHILD ADVOCACY RESOURCE: AND
EDUCATION, INC.
C.
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M UVPPILI?SV AGREE ACare wpd
Page 3 of 3 Pages
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