HomeMy WebLinkAbout962122.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR USE OF FACILITIES BETWEEN HUMAN SERVICES
FENWC AND COMMUNITY OPTIONS, INC., 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 an Agreement for Use of Facilities
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 Department of Human Services
Family Educational Network of Weld County (FENWC), and Community Options, Inc.,
commencing December 1, 1996, and ending June 1, 1997, 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 Agreement for Use of Facilities 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 Department of Human Services Family Educational Network of Weld
County, and Community Options, Inc., 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 27th day of November, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Fxriisl=n
V
.
,e► �► /� Barbara J. Kirkmeyer, Chair
1861 Q+ o ty Clerk to the Board
E. Baxter, Pro-T
Deputy Cler /o the Board
Dale K. Hall
AP ED AS T C) RRI: XCusFn
Constance L.L. Har ert
unty Attorn y W. H 4ebster
962122
MC) CO/ne- . HR0067
AGREEMENT FOR USE OF FACILITIES
THIS AGREEMENT, made and entered into this;i day of Ti o✓ 1996, 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 Resources'
Family Educational Network of Weld County, hereinafter referred to as "FENWC,"and
Community Options, Inc., on behalf of Great Start, a family visitor program, hereinafter referred
to as "Great Start."
BACKGROUND INFORMATION
A. FENWC has been designated by the Federal Department of Health and Human
Services to operate a 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
B. FENWC currently operates a Head Start program in Olathe, Colorado, located at
221 W. 2nd Street, which includes the use of classrooms, office space, and playground space;
and
C. Great Start desires to have the use on a set schedule of days, of certain classroom
space currently used by Head Start; and
D. FENWC is willing to permit Great Start's use of certain classroom space currently
used by Head Star, on conditions hereinafter set forth; and
E. The parties desire to set forth their agreement in writing.
NOW THEREFORE, for and in consideration of the covenants, conditions, agreements,
and stipulations hereinafter expressed,the parties do hereby agree as follows:
1. Classroom to be made available. FENWC agrees to make available to Great Start
agreed upon classroom space currently used by Head Start, during the term of this Agreement, on
specific dates and for specific times, as agreed upon in writing between the parties.
The parties will mutually agree upon a written schedule specifying the dates and times
and classroom or classrooms that Great Start will use. The schedule will be signed by both
parties. If a conflict should arise concerning the use of the facilities,the parties shall then work
together to reschedule the use of the classroom or classrooms, or to substitute another classroom,
at the discretion of FENWC.
2. Term of the Agreement. This Agreement shall be effective upon execution, and
shall continue untilek„R, / , 1997.
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3. Classroom Available at no charge. FENWC and Great Start agree that Great Start
will not be required to pay any monetary compensation for the use of the classroom or
classrooms desired. Great Start does agree,however, to repair or replace any toys, equipment,
or other facilities that are broken or otherwise damaged while said toys, equipment, or facilities
are being used by Great Start.
4. Parties' Responsibilities
A. Responsibilities of FENWC
1. FENWC shall make the classroom or classrooms and the toys,
equipment, or other facilities located in those classroom(s)
available on the dates and at the times agreed to in writing between
the parties. The classroom or classrooms will be ready for use, i.e.,
clean and in order.
2. If a conflict should arise concerning the use by Great Start of the
classroom or classrooms at the time agreed upon by the parties,
FENWC shall notify Great Start as soon as FENWC becomes
aware of the conflict.
B. Great Start Responsibilities
1. For each and every use, Great Start agrees to maintain the
classroom, or classrooms, the toys, equipment, and other facilities
made available to them in the same condition, order, and repair as
they were at the commencement of each use, except for reasonable
wear and tear arising from the use thereof.
2. If Great Start discovers that it will not need to use any specific
classroom or classrooms after the schedule has been set, Great
Start will so notify FENWC as soon as possible of the change in
plans.
3. Great Start shall provide all program-specific literature, staff, and
any other items necessary for Great Start's program: FENWC is
only making available a classroom, or classrooms with any toys,
equipment, or other facilities that happen to be in the classroom or
classrooms.
4. FENWC is specifically NOT providing a telephone for Great Start.
Great Start shall be responsible for any and all long distance
charges incurred by Great Start or any participant in Great Start's
programs, during Great Start's use of FENWC facilities.
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5. Great Start shall maintain insurance coverage for property, and for
injury to or death of persons participating in any Great Start
programs resulting from any cause for which Great Start should be
liable for any liability imposed by law, in the following amounts:
Public Liability and Bodily Injury:
Each person $250, 000.00
Each accident 600,000.00
Property Damage:
Each accident $600,000.00
6. Great Start shall provide proof of the above set forth insurance
coverage to FENWC prior to Great Start's use of any FENWC
facilities. Every insurance policy required shall contain a
provision for continuing liability thereunder to the full amount
thereof, notwithstanding any recovery thereon, that the liability of
the insured shall not be affected by the insolvency or bankruptcy of
the insured, and that until a policy is revoked, the insurance
company will not be relieved from liability on account of
nonpayment of premiums, failure to renew, or any act or omission
of the named insured. At any time said insurance is required to be
renewed, proof of renewal shall be provided to FENWC.
A certificate of insurance, with FENWC and the Board of County
Commissioners for Weld County named on the certificate holder's
copy, shall contain a provision that thirty (30) days prior written
notice of any cancellation or termination or revocation of said
insurance policy shall be given to FENWC.
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, omissions, or failure to act by the other party. Accordingly, Great Start agrees to
indemnify and hold FENWC harmless from any and all liability incurred by acts, omissions, or
failures to act by Great Start, and, likewise, to the extent permitted by law, FENWC agrees to
indemnify and hold Great Start harmless from any and all liability incurred by acts, omissions, or
failures to act by Great Start,pursuant to the terms of this Agreement. Because FENWC is a
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department of the Weld County government, Great Start 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 acts or omissions by the applicable party who acted or failed to act.
6. Non-Assignment. This Agreement shall not be assignable without prior written
consent of FENWC or Great Start, whichever is the non-assigning party.
7. 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, Great Start shall
nevertheless be obligated to repair or replace within a reasonable time, any toy or equipment that
was damaged during Great Start's use of FENWC's facilities.
This Agreement will be immediately terminated, in any case, if appropriate FENWC
funding is terminated or is no longer available.
8. Notices. Any notice provided for in this Agreement shall be in writing and shall
be served by personal delivery, facsimile machine at the FAX number set forth in this
Agreement, 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 or FAX number. Any notice so mailed and any notice
served by personal delivery or facsimile machine shall be deemed delivered and effective upon
receipt or, in the case of personal delivery or certified mail, 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.
Great Start: Great Start
Melode Mariner
P.O. Box 31
Montrose, Colorado 81402
FAX: 970-249-0245
FENWC: Weld County Division of Human Resources
Family Educational Network of Weld County
P.O. Box 1805
Greeley, Colorado 80632
FAX: 970-356-3975
9. 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,
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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.
10. 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 then capable of execution within the original intent of
the parties.
11. 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 FENWC to expend funds not otherwise
appropriated during the term of this Agreement.
12. Pecuniary Interest. No officer, member, or employee of Weld County and no
member of the parties' governing bodies shall have any pecuniary interest, direct or indirect, in
the approved Agreement, or any proceeds thereof
13. To Whom Services are to be Provided. FENWC and Great Start 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.
14. No Third Party Beneficiary Enforcement. No portion of this Agreement shall be
deemed to constitute a waiver of any immunities the parties or 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.
If 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.
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IN WITNESS WHEREOF, the parties have hereunto set their hand and seals this a��—
day of "t16V. , 1996.
WELD COUNTY DIVISION OF COMMUNITY OPTIONS, INC.
HUMAN SERVICES GREAT START
•
Waite J. eckman Melode Mariner
Director
'\; °P
Date
Date
BOARD OF COUNTY COMMISSIONERS TOM TURNER
WELD COUNTY, COLORADO EXECUTIVE DIRECTOR
/-- COMMUNITY9PTIONS,,IINC.
George E. Baxter, Chair Pro-Tem
Date Date
ta
14444/Mu4
1861 13;f"el �� ty Clerk to the Board
at. k- .v
u NI, puty Cl 9 to the Board
6
96
21.7
... CERTIHCAT .OF INSi.T. NGE c ISSUE DATE(MM/OI)/YY) ::;�
10/09/96
PRODUCER THIS CERTIFICATE IS ISSUED AS AMATTER OF INFORMATION ONLY AND
COMM. PROVIDER INS., INC. CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
P.O.BOX 187 DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
6421 MERLE HAY RD. POLICIES BELOW.
JOHNSTON, IA. 50131 COMPANIES AFFORDING COVERAGE
COMPANY
LETTER A CIGNA P&C COMPANIES
INSURED LETTER
LETTER B
COMPANY
COMMUNITY OPTIONS,INC. LETTER
SILVER MOUNTAIN ENTERPRISE COMPANY
P.O.BOX 31 LETTER D
MONTROSE, CO 81401 COMPANY
LETTER E
CD .''o,.... r'•>GceJut . , .,,v,::S. i . .,..'a 'YS k,.,.I 523n. ,..w:: s ..... s. ,.... i :.NMENNESSONS
.._ .....
• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOF,
INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH Me
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION
DATE DATE(MM/DD/YY) LIMITS
GENERAL LIABILITY GENERAL AGGREGATE s 3 000 000
J{ COMMERCIAL GENERAL LIABILITY t
......... PRODUCTS-COMP/OP AGGR. S 3,000,000
.•.>::3^.. CLAIMS MADE X OCCUR.
AINPD25673086 07/01/96 07/01/97 PERSONAL OCCURRENCE
INJURY $ 1000 000
OWNER'S&CONTRACTOR'S PROT.
EACH OCCURRENCE S 1,000,000
FIRE DAMAGE(Airy one Fire) S 50,000
MED.EXPENSE(Any one person) S 5000
AUTOMOBILE LIABILITY
ANY AUTO LIMIT COMBINED SINGLE s N/A
ALL OWNED AUTOS
BODILY INJURY S
SCHEDULED AUTOS (Per Pomp)
HIRED AUTOS N/A
BODILY INJURY S
NON-OWNED AUTOS (Per=Ito()
GARAGE LIABILITY
PROPERTY DAMAGE S
EXCESS LIABILITY
EACH OCCURENCE s N/A
UMBRELLA FORM N/A AGGREGATE $
OTHER THAN UMBRELLA FORM ASigifiBgEM:RMtgleggr:M :;ut: `:„`:
. WORKERS COMPENSATION STATUTORY LIMBS £d:�^x; :ri;:L: y"�"�'8'.>�,'"ry?:
AND N/A EACH ACCIDENT S N/A •
EMPLOYERS'LIABILITY DISEASE-POLICY LIMIT S
DISEASE-EACH EMPLOYEE S
OTHER
A PERSONAL INPD25673086BLANKET
PROPERTY 07/01/96 07/01/97
LIMIT 4243,299
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
RE: CHILDREN'S SERVICES AT 221 W. 2ND STREET, OLATHE, CO.
NO DEFENSE COVERAGE FOR ANY THIRD PARTIES.
CONTRACTUAL LIABILITY COVERAGE FOR TORT LIABILITY ONLY.
.CRRT C U0t E
)..»..ax. n.r'....., no, 3 �� 3 M>.....<" x&.4„°If..xcww,....:i
.:... < �..�� .e...vnv.i.,x m....i.,v.N..Y,. 3 Y 3
n.n„ >v L:v.v.n rc Fx�
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
FAMILY EDUCATION NETWORK I LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
OF WELD COUNTY AND THE LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES.
BOARD OF WELD COUNTY AUTHORIZED REPRESENTATIVE •
COMMISSIONERS
ACORD`75S(T190) I) n3 -7keizineb
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To ate
Board of County Commissioners
Barbara J . Kirkmeyrer, Chairn�rson Novemb���1996
COLORADO From Walter J. Speckman, Executive Director, man Services
Agreement between The Family Educational Network of
Subject:
Weld County and Community Options, Inc.
Enclosed for Board approval is the Agreement between the Family Educational Network of Weld
County and Community Options, Inc., of Grand Junction on behalf of Great Start.
The Agreement is to provide space for Great Start, a volunteer family visitor program, to conduct
a weekly toddler parenting class in FENWC's Olathe, Colorado, Migrant Head Start modular
facility.
The term of this Agreement is from December 1, 1996 through June 1, 1997.
If you have any questions, please telephone Janet Luna-Flaugher at 353-3800, ext. 3340.
962122
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