HomeMy WebLinkAbout940538.tiff RESOLUTION
RE: APPROVE PURCHASE OF SERVICES AGREEMENT BETWEEN FENWC'S MIGRANT HEAD START
PROGRAM AND MESA COUNTY VALLEY SCHOOL DISTRICT 51 AND AUTHORIZE CHAIRMAN
TO SIGN
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 Family Educational Network of Weld
County's (FENWC) Migrant Head Start Program, and Mesa County Valley School
District 51, commencing June 14, 1994, and ending August 12, 1994, 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 FENWC's Migrant Head Start Program, and Mesa County Valley
School District 51 be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman 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 8th day of June, A.D. , 1994.
BOARD OF COUNTY COMMISSIONERS
ATTEST: Le/Wet% WELD COUNTY, COLORADO
Weld County Clerkto the Board .1,j MI PU-1
/ /n�� � �i �n .' H. Webster, a an
BY: ( L(� ,/ /k / 1 but 1.._J . 1 J�
Deputy ¢rerk to the Board Dale . Hall, r em
APPROVED AS TO O FORM: /1+t
eoeorgeit. Baxter /,
/jam t itia —e-J c�4 ,r rc,4
County Atto�ney ~` C n tance L. Harbert/
Barbara J. Kirkmeyer
940538
�,�, ; IA' • cy(fo/c)
PURCHASE OF SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this gfA day of �l„Litz )
1994, by and between the County of Weld, State of Colorado, by attd through the
Board of County Commissioners of Weld County, on behalf of the Weld County
Division of Human Resources' Family Educational Network of Weld County's Migrant
Head Start Program, hereinafter referred to as "FENWC," and the Mesa County
Valley School District 51, hereinafter referred to as "School District."
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, FENWC requires classroom and playground space in order to
implement the Migrant Head Start Program; and
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 Classroom and Playground Space
The School District agrees to provide three classrooms and playground
space at the Thunder Mountain Elementary School during the Term of
this Agreement between the hours of 7:00 a.m. and 5:00 p.m. , Monday
through Friday, and occasionally to make the school building
facilities available in the evening or at other times, as agreed
between the parties.
2. Term of the Agreement
This Agreement shall be effective from May 14, 1994 through August
12, 1994.
3. Compensation
FENWC agrees to pay rent to the School District at the rate of
$2,500.00 for the contract period. This rate includes a one time
flat fee of $100.00 for facility use on May 14, 17, 18, 19, 20, and
June 3 and 4, 1994, and any after hour staff and parent activity.
The rental rate includes the use of the designated classrooms,
general use of the school building and playground facilities,
utilities, local phone use, and janitorial services for the building
and playground facilities. In addition, FENWC agrees to pay School
District for all long distance calls incurred by FENWC, for meals
provided to FENWC staff at a cost of $2.00 per meal, and $15.00 per
hour for after hours custodial services, as such costs are incurred.
Page 1 of 6
940538
FENWC will secure this agreement with a $1,000 prepayment to the
School District by June 1, 1994. The remaining $1,500 will be
billed to FENWC with payment due July 30. The School District will
submit a bill for the rental of classroom and playground space to
the Family Educational Network of Weld County, P.O. Box 1805,
Greeley, Colorado, 80632. A separate bill referenced above, for
long distance phone calls referenced in item 3 above and for meals
referenced in item 3 above, will be submitted to FENWC by the 10th
of the month for services provided during the preceding month.
Payment will be due by the 30th of the month.
School District shall submit a bill for any long distance phone calls
or meals for FENWC staff, by the 10th of the month for services
provided during the proceeding month. Billing statements shall be
sent to Family Educational Network of Weld County, P.O. Box 1805,
Greeley, Colorado 80632. FENWC will pay for all statements submitted
within 30 days after receipt.
4. Parties' Responsibilities
A. Responsibilities of the School District
1) School District shall be responsible for all repairs
necessary to the exterior and interior of the building
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) School District agrees to provide daily meals, including
breakfast, lunch and snack, for the participating Migrant Head
Start children, Monday through Friday. It is anticipated
that there will be approximately 35 children participating in
the Migrant Head Start Program. School District agrees to
apply directly to USDA for reimbursement for each meal
provided to a participating Migrant Head Start child, on a
monthly basis. FENWC will not be billed for the cost of
children's meals and will not apply for USDA reimbursement for
such.
3) School District further agrees to provide lunches to
FENWC staff at a cost of $2.00 per meal, to be billed as above
set forth, in paragraph 3.
4) School District 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 forth in attachment A, incorporated herein.
Page 2 of 6
940538
5) The School District will provide the FENWC nutritionist
with menus at least two weeks in advance for approval and will
work with the nutritionist to provide developmentally
appropriate menus for children. A r1,22t,,,ey: f 14.70,0-,to d;,0-4,1, wo✓la me Gln q,.s Fa.AdcIi !-ia, Au .
B. FENWC Responsibilities y — CL et%
1) FENWC agrees to maintain the building facilities and
playground in the same condition, order and repair as they are
at the commencement of the term of this Agreement, except for
reasonable wear and tear arising from the use thereof.
2) FENWC will provide School District advance notice of at
least one week of any request for occasional evening usage or
any other use of the building facilities, for approval by
School District.
3) FENWC shall be responsible for paying for all long
distance business calls made by its staff.
4) FENWC shall notify School District within the first hour
of 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 School District the day before any
holiday or vacation that meals will not be needed for those
specified days.
5. Parties' Relationship
The parties to this Agreement intend that the relationship between
them contemplated 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 School District harmless from any and all
liability incurred by acts, omissions, or failures to act by FENWC
and, likewise, School District agrees to indemnify and hold FENWC
harmless from any and all liability incurred by acts, omissions, or
failures to act by School District, pursuant to the terms of this
Agreement.
Because FENWC is a department of the Weld County government, School
District 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
Page 3 of 6
940538
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 or 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 School District, 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 School District which reflects the actual number of
days School District's building facilities were used by FENWC and
for which School District 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 Resources'
Family Educational Network of Weld County's
Migrant Head Start Program
P.O. Box 1805
Greeley, CO 80632
Mesa County Valley School District 51:
Mesa County Valley School District 51
2115 Grand Ave
Grand Junction, CO 81501
Page 4 of 6
940538
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, novation,
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 implied,
shall not constitute a consent to, waiver of, or excuse for any
other different or subsequent breach.
11. Severability
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 a provision, to the extent this
Agreement is the 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, or Health
Department 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 School District 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
School District understands that monitoring and evaluating the
performance of this Agreement shall be conducted by the Weld County
Page 5 of 6
940538
Division of Human Resources and the results from such evaluation of
performance will 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 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 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 any 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 May, 1994.
WELD COUNTY BOARD OF COMMISSIONERS MESA COUNTY VALLEY SCHOOL DISTRICT 51 At 6
ibilW.H.w.Hidstk, Chairperson /3/q4 Glen Gallegos, Executive Director
� /� v!/G�2G�1j Instructional Services
ATTEST: 0
WELD COUNTY CLERK TO THE BOARD WELD CO DIVISION OF HUMAN RESOURCES
gy 'Deputy Clerk to the d er J. Speckman
ecutive Director
Page 6 of 6
940S38
flit‘p
Board of County Commissioners
IYi`I W. H. Webster, Chairperson June 6, 1994
To Date
Walter J. Speckman, Executive Director, Human Rsources
COLORADO From
Contracts between FENWC and School District 51 and the
Subject Montrose Housing Authority for Migrant Head Start services
Enclosed for Board approval are the contracts for services between the Family
Educational Network of Weld County (Migrant Head Start Program) and 1) Mesa
County Valley School District 51, and 2) Montrose County Housing Authority.
The agreements are to provide FENWC with classroom and playground facilities and
meals for migrant children enrolled in the Summer Migrant Head Start Programs at
1) Thunder Mountain Elementary School in Grand Junction, and at 2) the Hershum
Building in Olathe, Colorado.
The term of these contracts will be from 1) June 14, 1994 through August 12,
1994, and 2) June 20, 1994 through August 12, 1994.
If you have any questions, please call Janet Luna-Flaugher at 353-3800 ext. 3340.
940538
Hello