HomeMy WebLinkAbout20001268.tiff RESOLUTION
RE: APPROVE PURCHASE OF SERVICE 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 Service 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, Migrant Head Start Program, and the Montrose County
Housing Authority, commencing June 1, 2000, and ending May 31, 2001, 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 Service 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,
Migrant Head Start Program, 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 24th day of May, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
WE D COUNTY, COLORADO/' 41 Ma, /Barbara J irkmeyer, Chair U
sc, fr, O, ► Clerk to the Board
21 ' /ems
O, ._;-c,--���� ✓ M. J. G 'e, Pro-Tem
{!'.f
�(fj � ��, � Clerk to the Board
_- G,ear�e . Baxter
O D AS T RM: c\V
Dale Hall/
ounty Attor
Glenn Va-. —
2000-1268
'� N
CC HR0071
‘itt MEMORANDUM
TO: Weld County Board of County Commissioners
FROM: Walter J. Speckman, Executive Director, DHS J`
k DATE: i
May 24, 2000
COLORADO SUBJECT: Multiple Contracts for the Migrant Head Start
Program
Presented before the Weld County Board of Commissioners, for consideration are
Purchase of Service Agreements between FENWC and the following:
1. Montrose County Housing Authority, for custodial, building maintenance and food
services for the Olathe Migrant Head Start Center. Building maintenance services
will be charged to FENWC at cost. Food will be charged for children at $1 .50 for
breakfast, $2.50 for lunch and dinner, and snack at $.60. 20 -.268
2. The Bridge Assisted Living Care Center of Longmont, for meal service to the
Frederick Migrant Head Start Program. Breakfast rates are$2.00,lunch and supper
rates are $3.00, and snack rates are $1.00. The Food Center will transport meals
at a cost of $.325 per mile. 2000-1269
3. Dacona Drug Store, for pharmaceuticals for children in Frederick.
2000-1270
4. Gibson Pharmacy of Delta Store, for pharmaceuticals for cniiaren in Olathe.
2000-12'
For further information please contact Tere Keller-Amaya at extension 3342.
PURCHASE OF BERYICEIS
AGREEMENT
THIS AGREEMENT,and entered into this 1st day of June,2000,by and between the
County of YSfeld,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-Ionsing Authority,hereinafter referred to as"Housing Authority."
warn s6ETH
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:
I)Provision of custodial Maintenance and Nutritional Services,and Playground Space
The Housing Authority agrees to provide custodial,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 6:00 a.m.and 6:00 p.m.,Monday through Friday.
2)Term of the Agreement
This Agreement shall be effective from June 1,2000,through May 31,2001.
3)Compensation
FENWC agrees to pay the Housing Authority for building maintenance services at the cost for
labor,time,and materials.
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.
FENWC agrees to pay for utilities to include: gas, electricity, sewage and water 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 Stan Program as more specifically set worth below.
Housing Authority shall submit a bill for custodial and maintenance services,utilities,and meals
by the 10th of each month for services provided during the proceeding month. Billing statements
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)Panics' Responsibilities
A)Responsibility of the Housing Authority
I)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. It is anticipated that there will be approximately 15 adults and 35
children participating in the Migrant Head Start Program. The cost for providing such
meals, for which FENWC agrees to reimburse Housing Authority,shall be as follows:
Breakfast Child $1.50 Adult $2.25
Lunch Child $2.50 Adult $3.25
Snack Child $ .60 Adult $ .60
Dinner Child $2.50 Adult $3.25
Cook's Wages $75.00/day
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.
B) FENWC Responsibilities
1)FENWC shall be responsible for paying for phone services for Olathe Migrant Head
Start Center.
2) FENWC shall notify Housing Authority within the first hour the beginning of the school
day each day of the number of children and adult meals that will be required for that day.
FENWC shall also notify Housing Authority the day before any holiday or vacation that
meals will not be needed for those specified days.
3) FENWC will provide all eating utensils for staff and children participating in the
Migrant Head Start Program.
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.
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.
IN WITNESS WHEREOF,the parties have hereunto set their hand and seals this day of
2000.
BOARD OF COMMISSIONERS MONTROSE COUNTY HOUSING AUTHORITY
WELD COUNTY,COLORADO OLATHE,COLORADO
ra J. Kirkmeyer 0 /24/00 oar Repr sentative
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Wa,tet
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(�1 TY CLERK TO THE BOARD WELD COUNTY DIVISION OF HUMAN
SERVICES n
By: Depu Clerk to the Board Walter J.4 ec an,Executive Director
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