HomeMy WebLinkAbout960306.tiff RESOLUTION
RE: APPROVE TRANSFER OF VAN AGREEMENT BETWEEN HUMAN SERVICES FENWC
HEADSTART PROGRAM AND SCHOOL DISTRICT 6 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 Transfer of Van 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 Headstart Program, and
Weld County School District 6, with 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 Transfer of Van 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 Headstart Program, and Weld County School District 6
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 4th day of March, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
NuttNuttW� D COUNTY, COLORADO
•
vS,/, iAtz. , / ,
' Barbar J. KirkmeyerJ hair
1861 •uu Clerk to the Board T%
s® t orge Baxter, r =Te
p n , iL
`� r�puty Clerk the Board
a/4C Hall
APP D AS TO FORM: C -��U '. 7Yc'82Lt*
Constance L. Harbert
u y Attorney
W. . eb ter
960306
HR0067
CL': fuJCj asT ��N-S
TRANSFER OF VAN AGREEMENT
This agreement is executed this day of January, 1996, by and between
COUNTY OF WELD, STATE OF COLORADO, BY AND THROUGH THE BOARD OF
COUNTY COMMISSIONERS OF WELD COUNTY, ON BEHALF OF WELD COUNTY
DIVISION OF HUMAN RESOURCES' FAMILY EDUCATIONAL NETWORK OF WELD
COUNTY'S HEADSTART PROGRAM ("FENWC") and WELD COUNTY SCHOOL
DISTRICT 6 ("School District").
BACKGROUND
This agreement is based in part upon the following facts and circumstances:
(a) FENWC provides preschool services and other services to School District,
for certain students qualified to receive its services;
(b) As support to FENWC, and its program, School District has previously
provided a Van described as 1991 Dodge Van and has determined to
provide a 1995 Ford Van, VIN 1 FBJ%31 H2THA29692 (collectively, the "Vehicles"),
to FENWC to provide transportation services, as required and as needed by FENWC;
(c) The parties acknowledge and agree that at such time as the Vehicles, or either
of them, are no longer useful because of age or condition, title to the same shall be transferred
to School District for disposition; and
(d) During the period of time that the Vehicles are titled in name of FENWC,
FENWC shall have full, complete ownership, control, responsibility and possession.
NOW, THEREFORE, the parties mutually agree as follows:
(1) Recitals. The above background recitals are incorporated herein by reference
as though fully set forth.
(2) Use, Possession and Control. The Vehicles shall be titled in the name of
Weld County, Colorado, for and on behalf of FENWC and FENWC shall have the sole and com-
plete responsibility and liability of ownership and School District shall have no liability or obliga-
tions with regard to the same. Neither School District, nor its Board of Education, officers,
agents or employees shall have any liability for injuries, damages or death resulting from the use
of either vehicle by FENWC, the Weld County Board of County Commissioners, its officers,
agents and employees.
960306
(3) Capital Reserve Funds. The parties acknowledge and agree that School
District has utilized funds from its capital reserve fund to purchase the Vehicles. The parties
further acknowledge and agree that School District retains full and complete discretion, in accord-
ance with applicable state law, with regard to expenditures from its capital reserve fund, and
nothing herein shall create or imply any obligation of School District to expend capital reserve
funds for purchase of vehicles or any other purposes hereafter.
(4) Damage or Destruction. In the event that either vehicle is damaged from
any cause, FENWC shall promptly have such vehicle repaired, provided that in the event the cost
of repair exceeds the actual value of the vehicle as determined by the insuror for Weld County,
FENWC shall forthwith pay such actual value to School District.
(5) Obligation for Reconveyance. FENWC agrees that it shall offer to transfer
to School District, title to the vehicle, at the earlier of (a) 30 days after termination of all con-
tracts for which FENWC utilizes the vehicle, or (b) the end of the useful life of the vehicle for
purposes of transportation under the contracts. Such offer shall be made in writing to the School
District, at the Administrative Offices of the Chief Administrative Officer (Superintendent) and
the School District shall have five days from receipt with which to accept or reject such offer.
The offer, if not accepted, will be deemed rejected. Acceptance may be made by formal action
by the Board of Education or by letter of acceptance from the Chief Administrative Officer
(Superintendent) or designee.
(6) Non-Discrimination. In utilizing the vehicle provided hereunder, FENWC
shall assure compliance with all applicable state and federal statutes and regulations regarding
non-discrimination, including, without limitation, discrimination based upon race, creed, color,
and sex, disability, ethnicity, age or national origin. Additionally, FENWC will comply with all
applicable statutes and regulations regarding transportation of children, to the extent such statutes
and regulations apply to the transportation services provided by FENWC with such vehicle.
(7) Limitation of School District Rights--No Waiver of Immunity. School
District shall have no right to supervise, control, direct, or otherwise affect the use of the vehicle
by FENWC and, therefore, will have no liability with regard to the use, operation, maintenance,
care, custody or possession thereof and shall have no duty with regard thereto. Nothing herein
shall create a duty of care beyond that imposed by law with respect to any persons not a party
to this agreement nor shall any portion of this agreement be considered as a waiver of any
immunity on the part of either party hereto or their officers, agents or employees, now or here-
after.
(8) Acceptance of Vehicle. FENWC accepts the vehicle and agrees that School
District will have no obligations with regard to the condition, suitability, age or otherwise with
-2-
960306
regard to the vehicle. School District's sole obligation with regard to the care, condition or age
of the vehicle shall be to transfer to FENWC any and all warranties available to it with regard
to the vehicle.
Executed this I h day of hi jj (}'1 , 1996.
WELD COUNTY BOARD WELD COUNTY SCHOOL DISTRICT 6
OF COMMISSIONERS
/ By ,../t/v, ,4. a
Bra[ CL G«Sl< 1 / t: { Xic f'L John P eco, Superintendent
Chair 66/0414 s
4 E11, est:
WELD COUNTY DIVISION 7 , r
OF HUMAN RESOURCES '°s' "° �`V:
(C ' COUNTY CLERK TO THE BOARD
By fU11S �;
Walte Speckman, _
Executive Director BYE
Deputy Clerk alb the Board
ATTESTING TO BOARD OF COUNTY
COMMnUSS!ONEG SIGNATURES ONLY
W 1 4 6UDist6\Transfer Agmt -3-
960306
Hello