HomeMy WebLinkAbout960823 RESOLUTION
RE: APPROVE MODULAR CLASSROOM AGREEMENT BETWEEN FENWC AND MESA
COUNTY VALLEY SCHOOL DISTRICT NO. 51 AND AUTHORIZE CHAIR 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 Modular Classroom Agreement between
the County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, on behalf of the Weld County Division of Human Services FENWC (Family
Educational Network of Weld County), and Mesa County Valley School District No. 51,
commencing November 21, 1995, and ending November 21, 2005, 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 Modular Classroom Agreement between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Weld County Division of Human Services FENWC (Family Educational Network of Weld County),
and Mesa County Valley School District No. 51 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 13th day of May, A.D., 1996, nunc pro tunc November 21, 1995.
BOARD OF COUNTY COMMISSIONERS
p�, WELD C OUNTY, COLORA O
q ✓ LuAu
arbar� J. Kirkmeyer, Ch it
1951 %tor:4iIintY
'� Clerk to the Board ! /J
` / , u)rt n %eorge �. Baxter, Pro-Tem
®
Deputy Cle to the Board YK� FXCl1SFD IlATF (1F SIANINf (AYF).
Dale K. Hall
AP D AS TO •
Constance L. Harb
) , p
ount orne j�/,I V N, L. -C,1'fb, ( K
W. H. Webster
960823
Ca; i95 HR0067
MODULAR CLASSROOM AGREEMENT
THIS MODULAR CLASSROOM AGREEMENT is made this 7 if day of
November, 1995, by and between, MESA COUNTY VALLEY SCHOOL DISTRICT
NO. 51, a Colorado public school district, whose address is 2115 Grand Avenue,
Grand Junction, CO 81501, hereinafter referred to as the "District" and FAMILY
EDUCATIONAL NETWORK OF WELD COUNTY, an agency of Weld County
Colorado, whose address is 1551 North 17th Avenue, P.O. Box 1805, Greeley CO
80632, hereinafter referred to as the "FENWC."
WHEREAS, the District owns and operates Clifton Elementary School
located at 3276 F Road, Clifton, CO 81520, more specifically described as follows:
The East 165 feet of the South 528 feet of the SW aSE 4 of Section 2,
Township 1 South, Range 1 East of the Ute Meridian, and all that part
of the West 264 feet of the SEISE 4 of Section 2, Township 1 South,
Range 1 East of the Ute Meridian lying South of the Price Ditch, Mesa
County, Colorado.
and
WHEREAS, FENWC operates summer educational programs for migrant
children and wishes to obtain a site upon which to erect a classroom facility for such
a program; and
WHEREAS, the District is willing to allow FENWC to use a portion of its
Clifton Elementary School site for such a purpose, in exchange for the right to use
FENWC's building during the District's academic year for District early childhood
development or similar programs, and other terms and conditions all as more fully
set forth herein.
NOW, THEREFORE, in consideration of the mutual promises and covenants
herein contained, the District and FENWC agree as follows:
1. Right to Place, Occupy and Use; Fee.
(a) In consideration of Ten Dollars ($10.00) paid by the FENWC, the
District's receipt of which is hereby acknowledged, the District hereby
grants to FENWC the right erect and place a modular building on a
portion of the Clifton Elementary School site together with
nonexclusive rights to parking and access thereto as shown on Exhibit
A hereto, said land and nonexclusive rights being referred to herein as
the "Property."
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(b) FENWC agrees that upon delivery of possession to the Property, the
FENWC will construct and place on the Property an unfurnished 48' x 60'
"quad" modular classroom building (Modular Classroom) according to the
general design shown on Exhibit B hereto. The Modular Classroom, as
erected and placed on the Property, shall comply with all applicable state and
federal laws, regulations and building codes pertaining to school buildings
including, but without limitation, the Americans with Disabilities Act of 1990
(ADA), 42 U.S.C. § 12101, et seq., and Section 504 of the Rehabilitation Act of
1973, as amended from time to time, in which event FENWC shall be solely
responsible for the cost of compliance. Subject to the terms and limitations of
paragraph 6 FENWC will promptly commence and with due diligence
complete any alterations of or improvements or additions to the Premises
which are or become reasonably necessary to bring the Premises and
Tenant's use thereof into compliance with the ADA. However, in the event
the cost to FENWC of making such alterations, improvements or additions
would exceed two thousand dollars ($2,000), or in the event the District
refuses to consent to such alterations, improvements or additions, FENWC
shall have the right to terminate this lease by giving thirty (30) days' written
notice to the District. The following provisions shall apply to such
construction:
(i) All construction costs for the Modular Classroom, including the cost
of required governmental tap fees, building permits and related fees,
utility hookups (including the cost of extending and installing gas,
water, gas, electric and telephone utilities and separate metering
devices) and site preparation, shall be borne by FENWC.
(ii) FENWC shall have right of access to, across and upon the Clifton
Elementary School Campus as necessary to carry out construction
activities upon the Property commencing upon the signing of this
agreement, provided that such activities shall be scheduled and
coordinated with the building principal so as to minimize interference
with educational activities at the site.
(iii) The Modular Classroom shall be substantially completed
and ready for occupancy by the District on or before June 1,
1996, provided that FENWC will not be responsible for
construction delays caused factors beyond its control.
(c) During the term hereof the parties shall share the right to occupy
the Modular Classroom as follows:
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(I) FENWC shall have preferential rights to use and occupy the
Modular Classroom for the purposes authorized herein, subject to the
District's obligations hereunder, from June 7th through August 30th.
(ii) The District shall have preferential rights to use and occupy the
Modular Classroom for the purposes authorized herein, subject to the
FENWC's obligations hereunder, from September 20, through May
20th.
(iii) At times other than mentioned in (i) and (ii), the parties will be
allowed to jointly occupy the Modular Classroom for the purposes
authorized herein, with District activities being given priority during
the District's academic year and FENWC's activities being given
priority at times other than during the District's academic year.
2. Term and Early Termination. The term of this Agreement shall commence on the
date first above written, and end on the same date ten (10) years thereafter. However, this
Agreement shall automatically be renewed for successive three year terms unless either
party gives written notice on nonrenewal to the other party not less than six(6) months prior
to the end of the initial and any subsequent term. The renewal terms shall be on the same
terms and conditions as herein stated. This Agreement may be terminated prior to the end
of the primary or any renewal term at the election of either party, without cause, upon
delivering to the other a written notice thereof identifying an early termination date at least
ninety (90) days from the delivery date. If the district elects early termination of this
Agreement, without cause, or if the Agreement is terminated by FENWC due to a material
breach and default of the District, the District shall pay or provide for the cost of removing
from the Property the Modular Classroom and any alterations, additions and improvements
to the Property provided by FENWC or by the District, as well as the cost of transporting the
Modular Classroom and any such additions to another location in Mesa County identified by
FENWC and shall be liable to FENWC for any damage to the Modular Classroom or
additions occasioned by such removal and transportation. In the event the District elects early
termination of this Agreement, or if the Agreement is terminated by FENWC due to a
material breach and default of the District, FENWC shall not be liable to the District for
Property restoration costs otherwise required hereunder of for the cost of removing
alterations, additions and improvements made or added to the Modular Classroom by the
District which are to be delivered to the District at termination.
3. Use limitations, Care. Use of the Property and the Modular Classroom will be
primarily devoted to educational purposes by both parties. The district will
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restrict its educational programs to early childhood instruction and kindergarten, or
to the educational programs of a charter school of the District, provided that the
educational programs of such a charter school shall also be limited to early
childhood instruction and kindergarten. FENWC will restrict its programs and
activities to the early childhood education of migrant children. Both parties, during
their respective periods of occupancy will be entitled to use the property for
purposes ancillary to their stated educational missions and for such other lawful
activities as may be incidental thereto and such as will not render the insurance on
the premises void or increase the insurance risk. Specifically, but not by way of
limitation, the District shall be permitted to use the room occasionally for school
activities such as parent-teacher conferences, staff meetings and community
gatherings subject to the District's facilities use policies.
The parties will obtain any and all licenses and permits necessary for their
intended use, and will comply with all governmental laws, ordinances and
regulations applicable to the use of the Modular Classroom at their respective cost
and expense. Without the consent of the other, neither party will without prior
written consent of the other receive, store or otherwise handle any explosive or
highly inflammable products, or hazardous material under or about the Property or
the Modular Classroom, nor will they transport or permit the transportation of the
same to the Property or Modular Classroom.
The parties will take good care of the Property and the Modular Classroom
and its fixtures during their respective periods of occupancy and will suffer no
waste. Each party will repair and/or replace damage sustained to the Property or
the Modular Classroom by reason of misuse, abuse or negligence of that party's
employees or persons, including children, authorized to use the Property by that
party.
4. Maintenance, Repair, Custodial and Off-Site Storage. The District will,
unless herein specified to the contrary, provide all routine service and maintenance
for the Modular Classroom, including, but not limited to, windows, glass and plate
glass, doors, interior and exterior walls and finish work, floors and floor coverings,
heating, electrical, mechanical, air conditioning systems, foundations, all structural
aspects of the improvements, the roofs, plumbing work and fixtures, and keep them
in good repair and in tenantable condition during the term of this Agreement, and
at its own cost and expense provide labor to make all minor repairs and
replacements and perform all servicing necessary for their preservation. The cost of
materials necessary to make such minor repairs will be charged to and paid by
FENWC, it being agreed that no such costs in excess of$100.00 shall be incurred by
the District without FENWC 's prior approval. Labor and materials necessary to
make major repairs, including those necessitated by vandalism, shall be paid for by
FENWC, with the work performed or contracted by the District after receiving
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FENWC prior approval. The District shall not be obligated to repair any damage
caused by fire, tornado or other casualty covered by items set forth under the
extended coverage provisions of the fire insurance policy on the Modular Classroom.
All such repairs and replacements shall immediately become the property of the
FENWC.
The District will at all times be responsible for providing routine custodial
service to the Property and the Modular Classroom, which will include trash
removal, grounds care and snow removal. Such service will be at least equal to
custodial services provided by the District to the other grounds and improvements
at Clifton Elementary School. FENWC employees will be expected to maintain
their work areas in the same manner and to the same degree of order and
cleanliness as apply to the Clifton Elementary School staff.
The District will share with FENWC the cost of constructing an on-site
storage building for the storage of classroom equipment, furniture, supplies and
materials belonging to the parties which must be stored during periods which a
party is not occupying the Modular Classroom.
5. Ownership; Removal.
(a) The Modular Classroom and all appurtenances and fixtures
thereto shall be and at all times remain the personal property of the
FENWC, and shall not be become part of the real estate. Except in the
case of early termination by the District for reasons other than cause
(which eventuality is provided for in paragraph 2), FENWC shall have
ninety (90) days following expiration or termination of this Agreement
to remove the Modular Classroom from the Clifton Elementary School
site, at its own expense, and restore the Property to the condition
existing prior to this Agreement, except that all underground utility
lines extended to the Modular Classroom shall be left in place and
stubbed off at or below grade. Should FENWC fail to remove the
Modular Classroom within the time period so provided, the District
will be entitled to pursue all remedies at law or equity, and in addition
thereto may remove the Modular Building from the Property, restore
the Property to the condition existing prior to this Agreement, move
the Modular Classroom to another location and charge and collect from
FENWC all reasonable costs, including storage costs, resulting
thereby.
(b) The District represents that it now has good title to the
Clifton Elementary School site, free and clear of all liens and
encumbrances, excepting only the zoning ordinances and other
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building and fire ordinances and governmental regulations relating to
the use of the Property, and easements, restrictions and other
conditions of record. The District represents and warrants that the
District has full right and authority to enter into this Agreement, and
during the term of this Agreement covenants and agrees to warrant
and defend the FENWC in the quiet, peaceable enjoyment and
possession of the Property. In the event of any dispute regarding
ownership of the Property, the District shall immediately, upon
request from and at no cost to the FENWC, furnish proof thereof by
delivering to FENWC an ownership and encumbrance letter issued by
a properly qualified title insurance company.
(c) FENWC will, within the period prescribed herein, secure good title
to the Modular Classroom free and clear of all liens and encumbrances,
erect the Modular Classroom and place it upon the Property in
conformity with all applicable laws, regulations and codes pertaining
to or governing the design and construction of public school buildings
in Colorado. Upon such erection and placement FENWC agrees to
warrant and defend the District in the quiet, peaceable enjoyment and
possession of the Modular Building.
6. Alterations. Neither party will make any significant alterations, additions
or improvements to the Modular Classroom or the Property without prior written
consent of the other party. Any alterations made by FENWC and approved by the
District will be paid for solely by the FENWC. Any alterations made by the District
and approved by FENWC will be paid for solely by the District. With respect to any
such significant alterations, additions or improvements to the Modular Classroom
or the Property, neither party will allow any lien or encumbrance of any kind or
nature whatsoever upon, or in any manner to bind, the interest of the other in the
Modular Building or the Property, as the case may be, including liens in favor of
those who may furnish materials or perform labor upon the Modular Building or the
Property. At the termination or expiration of this Agreement the District will
deliver to FENWC all alterations, additions and improvements made to the
Modular Classroom. All shelves, bins, machinery and trade fixtures installed by the
District may be removed by the District at the termination of this Agreement if the
District so elects, and shall be removed if required by FENWC. All such removals
and restoration will be accomplished in a good workmanlike manner so as not to
damage the primary structures or structural qualities of the Modular Classroom.
At the termination or expiration of this Agreement, and except as otherwise
provided in paragraph 2, FENWC will deliver to the District all alterations,
additions and improvements of a permanent nature made to the Property. Any
such alterations, additions and improvements made by FENWC of a movable or
temporary nature may be removed, provided that such removal will be
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accomplished in a good workmanlike manner so as restore the Property to the
condition required by other provisions of this Agreement.
7. Assignment and Subletting. Neither party shall assign or sublet its
interest under this Agreement without the other party's express written consent,
which consent will not be unreasonably withheld. Consent of FENWC shall not be
required should the District assign or sublet its interest hereunder to a District
charter school.
8. Insurance. The FENWC will maintain at its sole cost and expense
standard fire and extended coverage insurance covering the Modular Classroom.
Such insurance may be under the Weld County self-insurance program. If the
Modular Classroom should be totally destroyed by fire, tornado or other casualty,
FENWC shall give immediate written notice thereof to the District. Each party
will, at their own cost and expense, carry insurance on the contents of the Modular
Classroom according to their respective ownership interests. FENWC will carry
public liability insurance on the premises at least comparable in coverage to that
which the District carries on its own structures. The District shall be endorsed as
an additional insured on such liability insurance. The parties will annually provide
each other with evidence of such insurance and additional insured endorsement.
9. Utilities. During their respective periods of use, the parties shall pay for
gas, electric and communication utilities. To the extent practical the Modular
Classroom will be placed on separate gas and electric metering devices carried in
the District's name and FENWC will reimburse the District upon presentation of
statements evidencing FENWC's share of such utility costs. If separate metering
devices are not practical, utility costs shall be apportioned on an equitable basis.
The District shall pay water delivery charges. Each party shall arrange for and
separately pay its own telephone installation costs and monthly use charges.
10. Employee Screening, Employee Conduct. All FENWC employees and
volunteers engaged in one-on-one contact with children shall be subjected to
screening procedures no less stringent than those applied to such employees and
volunteers of the District. FENWC will ensure that its employees and volunteers
serving at Clifton Elementary School conduct themselves at all times in accordance
with standards of behavior and ethics applicable to District instructional staff,
including but not limited to District standards pertaining to the use or abuse of
drugs, alcohol and tobacco.
11. Applicable Law. The laws of the State of Colorado and rules and
regulations issued pursuant thereto shall be applied in the interpretation, execution
and enforcement of this Agreement. Any provision of this Agreement, whether or
not incorporated herein by reference, which provides for arbitration by any
7 96G.__(�
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extrajudicial body or person or which is otherwise in conflict with said laws, rules
and regulations shall be considered null and void. Nothing contained in any
provision incorporated herein by reference which purports to negate this or any
other special provision in whole or in part shall be valid or enforceable or available
in any action at law whether by way of complaint, defense or otherwise. Any
provision rendered null and void by the operation of this provision will not
invalidate the remainder of this Agreement to the extent that it is capable of
execution.
12. Damage and Destruction. In the event the Modular Classroom is
rendered untenantable or unfit for occupancy by fire or other casualty for a period of
more that thirty (30) days, this Agreement will immediately terminate. In the event
the Modular Classroom are damaged by fire or other casualty so that there is
partial destruction of such premises or such damage as to render the Modular
Classroom partially untenantable or partially unfit for occupancy for a period of
more than thirty (30) days, either party may, within five (5) days of the running of
such period, terminate this Agreement by giving written notice to the other party.
Such termination shall be effective not less than fifteen (15) days from the date of
mailing of the notice.
13. Fiscal Funding. The parties are political subdivisions of the state. For
this reason it is understood and agreed that this Agreement is dependent upon the
continuing availability of funds beyond the term of the parties' current fiscal period
ending upon the next succeeding June 30, as financial obligations of the parties
payable after the current fiscal year are contingent upon funds for that purpose
being appropriated, budgeted, and otherwise made available. Further, the parties
recognize that the act of appropriation is a legislative act, and the parties hereby
covenant to take such reasonable action as is necessary under the laws applicable to
them to timely and properly budget for, request of and seek and pursue
appropriation of funding which will permit them to perform all obligations required
under this Agreement during the period to which such appropriation shall apply. In
the event there shall be no funds made available, this Agreement shall terminate at
the end of the then current fiscal year. Each party shall give the other written
notice of such nonavailability of funds at least forty-five (45) days prior to the
effective date of such termination. Provided such notice is given, the termination
will not be deemed a default by either party and the party giving notice will be
without liability for damages, penalties or additional cost to the parties other than
the obligation remove and restore the Modular Classroom and the Property as
provided in paragraphs 5(a) and 6.
14. Complete Agreement, Additional and Related Agreements. This
Agreement, including all exhibits, supersedes any and all prior written or oral
agreements pertaining to the subject matter hereof, and there are no covenants,
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conditions or agreements between the parties except as set forth herein. No prior or
contemporaneous addition, deletion, or other amendment hereto shall have any
force or effect whatsoever unless embodied herein in writing. No subsequent
novation, renewal, addition, deletion or other amendment hereto shall have any
force or effect unless embodied in a written contract, executed and approved by the
parties respective governing boards. . The parties specifically waive any claims
they may have for negligent misrepresentations in the formation of this Agreement.
The parties anticipate that they will enter into separate agreements
regarding the construction of the Modular Classroom, through the District's Career
Center, as well as for such supplementary items as food service and early childhood
special education services. Such agreements will be separate and apart from this
Agreement and shall in no way be deemed or construed to govern, alter, amend or
serve as a contingency to the terms hereof.
15. Captions, Construction, and Lease Effect. The captions and headings
used in this Agreement are for identification only, and shall be disregarded in any
construction of the Agreement provisions. All of the terms of this Agreement shall
inure to the benefit of and be binding upon the respective heirs, successors, and
assigns of both the District and FENWC. If any portion, clause, paragraph, or
section of this Agreement shall be determined to be invalid, illegal, or without force
by a court of law or rendered so by legislative act then the remaining portions of
this Agreement shall remain in full force and effect.
16. Notice. Any notice required or permitted by this Agreement may be
delivered in person or sent by registered or certified mail, return receipt requested,
to the party at the address as hereinafter provided, and if sent by mail it shall be
effective when posted in a United States Mail Depository with sufficient postage
attached thereto:
District: FENWC:
Mesa County Valley School District Family Educational Network of Weld
No. 51 County
Attn: Birney L. Cox Attn: Tere Keller-Amaya
Executive Director of Business Director, FENWC
Services/CFO P.O. Box 1805
2115 Grand Avenue 1551 North 17th Avenue
Grand Junction. Colorado 81501 Greeley, Colorado 80632
Notice of change of address shall be treated as any other notice.
17. Time of Essence, Default, Holding Over. Time is of the essence of this
Agreement and in the event of the failure of either party to perform any material
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term or condition hereof, including but not limited to terms pertaining to delivery of
possession or services and payment, such party shall be in breach and default and
the other party shall, in addition to all remedies provided by law and equity and by
the terms of this Agreement, be entitled to declare the Agreement terminated by
reason of such breach or default, and upon failure of the party in breach and default
to correct the condition or cure the default within 30 days after receiving written
notice of termination, which notice shall identify such term or condition, this
Agreement shall terminate according to the process described in paragraphs 2 and
5(a). No waiver by a party of any violation or breach of any of the terms, provisions
and covenants herein contained shall be deemed or construed to constitute a waiver
of any other violation or breach of any of the terms, provisions and covenants herein
contained.
If, on account of any breach or default by a party hereto under the terms and
conditions hereof, it shall become necessary or appropriate for the other party to
employ or consult with an attorney concerning the enforcement or defense of its
rights or remedies hereunder, the party breaching or in default hereunder shall pay
all reasonable attorneys' fees so incurred by the other party.
If FENWC shall fail to remove the Modular Classroom within the time
provided following expiration or sooner termination of this Agreement, unless
otherwise agreed in writing, the District may, in addition to all remedies provided
by law and equity and by the terms of this Agreement, elect to treat such continued
occupancy as a month-to-month tenancy at a rental of One Thousand Dollars
($1,000.00) per month. The District's acceptance of the payment of rental or other
payments hereunder after the occurrence of an event of default shall not be
construed as a waiver of such default unless the District so notifies FENWC in
writing. However, FENWC shall not be liable for rent under this paragraph if
FENWC's failure to remove the Modular Classroom or otherwise vacate the
Property is due to the District's failure to timely vacate the Modular Classroom
upon expiration or sooner termination of this Agreement or allow FENWC
reasonable access to the Property for the purpose of removing the Modular
Classroom.
18. Consent. Unless otherwise specifically provided, whenever consent or
approval of a party is required under the terms of this Agreement, such consent or
approval shall not be unreasonably withheld or delayed and shall be deemed to
have been given if no response to a written request is received within 15 working
days after the date of request was delivered to the other party. If either party
withholds any consent or approval, such party shall on written request promptly
deliver to the other party a written statement giving the reasons therefor.
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19. Liability Exposure. The parties hereto understand and agree that
liability for claims for injuries to persons or property arising out of the negligence of
a subdivision of the State of Colorado and/or its employees is controlled and limited
by the provisions of the Colorado Governmental Immunity Act, section 24-10-101, et
seq., C.R.S. Any provision of this Agreement, whether or not incorporated herein by
reference, shall be controlled, limited and otherwise modified so as to limit any
liability of the District to the above referenced statute.
IN WITNESS WHEREOF, the parties hereto have executed this Modular
Classroom Agreement on the day and year first above written.
MESA COUNTY VALLEY SCHOOL
Attest: DISTRICT NO. 51
By/ _767 A Ai'4/ ,7,,,in.v By , s __.,
Mary alenian, Board Secretary Debra D. Johns, President
Board of Education
[E/1, % FAMILY EDUCATIONAL NETWORK
es J�t�/ ��'//��"" " OF WELD COUNTY, an agency of Weld
xT County Colorado
'1861 11‘k‘ %O
.gh
� U(,VIc Y�LLC.
Y CLERK TO BOARD 05/13/96
Barbara J. Kirkmeyer , Chair
Weld County Board of County
AT` Si,: ^, TO MITI) Of [oRM Commissioners
C6,....,. :. .._n S:Q h URES CNU
WELD COUNTY DIVISION OF
HUMAN SE yAcEs
B
W ter J. Speckman, Executive
Cirector
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0,A,(e-rry; MEMORAnDU
Weld County Board of Commissioners May 13, 1996
To Date
COLORADO From alt Speckman, Exec. Director, Division of Human Services 1 \W\
sue}«tAgreement Between Mesa Valley School District 51 & FENWC
Enclosed for Board approval is a ten (10)year site agreement between Mesa Valley School District 51
and the Weld County Division of Human Services, Family Educational Network of Weld County
Migrant Head Start Program.
The contract contains provisions for:
• the time frame of occupancy for both programs,
• termination requirements of the agreement, 90 day written notification,
utility payment, each entity pays for utilities during the time the facility is used for agency
functions,with the exception of water(the District takes responsibility for this payment,
• insurance and liability responsibilities: FENWC takes responsibility for modular classrooms,
each agency insures its own contents,
• shared costs for the construction of a storage facility,
• general maintenance and repair, is the responsibility of the District; major projects and repairs
will be performed by the District with prior approval for reimbursement from FENWC.
If further information is needed please contact Tere Keller-Amaya at extension 3342.
960823
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