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HomeMy WebLinkAbout951534.tiffRESOLUTION RE: APPROVE PURCHASE OF SERVICES AGREEMENT BETWEEN HUMAN SERVICES' FAMILY EDUCATIONAL NETWORK MIGRANT HEAD START PROGRAM AND MORGAN COUNTY SCHOOL DISTRICT RE -3, CHILDREN'S CENTER, 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 the Weld County Division of Human Services' Family Educational Network Migrant Head Start Program, and Morgan County School District RE -3, Children's Center, commencing July 20, 1995, and ending August 9, 1995, 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 Weld County Division of Human Services' Family Educational Network Migrant Head Start Program, and Morgan County School District RE -3, Children's Center, 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 2nd day of August, A.D., 1995, nunc pro tunc July 20, 1995. Deputy Clero the Board ED AS TO ounty Attohie BOARD OF COUNTY COMMISSIONERS D COUNTY,„COkOO K. Hall, Chairman LaS- .i,Litezp, I Barbara J. Kirkm yer, Pro -Yom FXCIISFfl IlATF OF SIfNINf George E. Baxter _,Q -/J -5T72 -e e Constance L. Harbert W. H. Webster (AYF 951534 CC.- //s; More{'„y HR0065 PURCHASE OF SERVICES THIS AGREEMENT, made and entered into this /1 day of July, 1995 by and 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, Family Educational Network of Weld County's Migrant Head Start Program, hereinafter referred to as "FENWC and the Morgan County School District RE -3, Children's Center hereinafter referred to as Children's Center." THAT for and in consideration of the covenants herein agreed to be kept and performed, Children's Center hereby agrees to provide to FENWC, the following described services based upon the following terms and conditions: 1. Children's Center will provide breakfast for approximately ten (10) adults at a cost of ninety-five cents ($.95) per meal. Price may be subject to increase pursuant to Board of Education. 2. Children's Center will provide lunch for approximately ten (10) adults at a cost of one dollar and seventy-five cents ($1.75) per meal. Price may be subject to increase pursuant to Board of Education. 3. Children's Center will provide snack for approximately ten (10) adults at a cost of fifty cents (.50) per snack. Price may be subject to increase pursuant to Board of Education Action. 4. No portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess, no shall any portion of this Agreement be deemed to have created a duty of care with respect to any persons not a party to this Agreement. 5. No portion of this Agreement shall be deemed to create an obligation on the part of the County of Weld, State of Colorado, or Children's Center to expend funds not otherwise appropriated in each succeeding year. 6. If any section, subsection, paragraph, sentence, clause, or phrase of this Agreement is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining options. The parties hereto declare that they would have entered into this Agreement and each and every section, subsections, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. 7. The term of this Agreement shall be from July 20, 1995 through August 9, 1995. 8. This Agreement may be amended at any time with the written mutual consent of both parties. 9. Children's Center and FENWC mutually agree to accept that this Agreement may be terminated by either party upon a thirty (30) day written notice being provided to the other party. However, this Agreement will be terminated immediately if Head Start Funding is stopped. 951.534 10. Children's Center agrees to claim reimbursement for children's meals from the Child Adult Care Food Program (CACFP). 11. FENWC agrees to provide a cook aide for the preparation of additional children and adult meals. 12. Assurances: a. Children's Center agrees that it is an independent contractor and that its officers, employees, and clients do not become employees of Weld County, and therefore are not entitled to any employee benefits as Weld County employees, as a result of the execution of this Agreement. b. FENWC, the Weld County Board of Commissioners, its officers and employees, shall not be held liable for injuries or damages caused by any negligent acts or omissions of Children's Center, its employees, volunteers, or agents while performing this Agreement. Children's Center, its officers and employees, shall not be held liable for injuries or damages caused by any negligent acts or omissions of FENWC, or its employees, volunteers, or agents while performing functions as described in this Agreement. Children's Center shall provide adequate liability and worker's compensation insurance for all of its employees, volunteers agents engaged in the performance of this Agreement, as required by the Colorado Worker's Compensation Act. Likewise, FENWC, by and through the Board of Weld County Commissioners, shall provide adequate liability and workers' compensation insurance for all employees of FENWC engaged in the performance of this Agreement. c. 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 or the proceeds thereof. d. Children's Center understands that monitoring and evaluation of the performance of this Agreement shall be conducted by the Weld County Division of Human Services and the results provided to the Weld County Board of Commissioners. e. Children's Center and FENWC assure compliance with Title VI of the Civil Rights Act of 1986, and that no person shall, on the grounds of race, creed, color, sex, handicap, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under the approved Agreement. 951.534 IN WITNESS WHEREOF, the parties hereunto have caused this Agreement to be duly executed as of the day and year first hereinabove set forth. WELD COUNTY BOARD OF COMMISSIONERS MORGAN COUNTY SCHOOL DISTRICT RE -3 J Dale K. H Cc 8/02/95) Clair Leibhart, O31rector Children's Center Coordinator of Federal Programs WELD COUNTY DIa'3SION OF HUMAN SERVICES ATTESTING TO BOARD OF COUNTY COMLIISSION R SIGNATURES ONLY peckman,nExectftive_Director Y CLERK TO THE BOARD Deputy Clerk to the Board 351534 04 VI, COLORADO EORAflDUm Board of County Commissioner's To Dale K. Hall, Chairman sate July 28, 1995 From LLE: Walter J. Speckman, Executive Director, Human Services' subject: Purchase of Service Agreement between FENWC and Morgan County School District RE -3 Enclosed for Board approval is a Purchase of Service Agreement between Morgan County School District RE -3 and the Family Educational Network of Weld County. FENWC agrees to pay Morgan County School District RE -3 for the following services for ten (10) adults: Breakfast - $.95 per meal Lunch - $1.75 per meal Snack - $.50 per meal The term of this Agreement is from July 20, 1995 through August 9, 1995. If you have any questions, please telephone Tere Keller-Amaya at 353-3800, ext. 3342. Hello