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Home My WebLink About980909.tiff RESOLUTION RE: APPROVE PURCHASE OF SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN - MONTROSE COUNTY HOUSING AUTHORITY 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 Department of Human Services, Family Educational Network of Weld County, and the Montrose County Housing Authority, commencing June 1, 1998, and ending May 31, 1999, 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 Department of Human Services, Family Educational Network of Weld County, and the Montrose County Housing Authority 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 1st day of June, A.D., 1998. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ' <I� Constance L. Harbe , Chair Weld County Cle t• , �� Seta race �� O � m c� ` '� W. H. Webster, ro-Teen BY: G Deputy Clerk eorge E. Baxter AP E AS TO FORM: Dale Hall u y Attorney Barbara J. Kirkmeyer 980909 H R0069 pc PURCHASE OF SIERYZCES AGREEMENT THIS AGREEMENT,and entered into this_15th day of May, 1998,by and between the County oY field, State of Colorado,by and through the Board of County Commissioners of Weld County Division of Human Services Family Educational Network of Weld County's Migrant Head Start Program,hereinafter referred to as"FENWC,"and the Montrose County Ilonsin.Authority,hereinafter referred to as"Housing Authority." 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, Housing Authority desires to provide playground space, custodial,maintenance, and nutrition services for the Migrant Head Start Program. 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 custodial,Maintenance and Nutritional Services,and Playground Space The Housing Authority agrees to provide custodial, maintenance and nutrition services,and playground space at the Housing Authority Center("the School Facilities")during the Term of this Agreement between the hours of 6:00 a.m. and 6:00 p.m.,Monday through Friday. 2)Term of the Agreement This Agreement shall be effective from June 1, 1998,through May 31, 1999. 3) Compensation FENWC agrees to pay the Housing Authority for building maintenance services at the cost for labor, time, and materials. FENWC will reimburse Housing Authority for custodial service at a rate of one dollar and fifty (S1.50)per square foot per year to include labor,equipment, materials and supervision. Rates will be adjusted annually. FENWC agrees to pay the Housing Authority for any mutually agreed upon repairs or additions to the exterior or interior of the building. Such repairs or additions would be considered extraordinary and beyond the scope of normal wear and tear or routine building services maintenance. FENWC agrees to pay for utilities to include: gas, electricity, sewage and water attributable only to property knows as 290 Hap Court,otherwise referred to as,"The Head Start Facility". '8090? FENWC will provide adequate insurance for the purposes of program operations to include:child liability,property liability, casualty liability,and premises liability insurance. In addition,FENWC agrees to pay the Housing Authority for meals provided to FENWC for the Migrant Head Start Program as more specifically set worth below. Housing Authority shall submit a bill for custodial and maintenance services,utilities,and meals by the 10th of each month for services provided during the proceeding month. Billing statements shall be sent to Family Educational Network of Weld County,PO Box 1805,Greeley, Colorado 80632. FENWC will pay for all statements submitted within thirty(30)days after receipt. 4)Parties'Responsibilities A)Responsibility of the Rousing Authority 1)Housing Authority shall be responsible to see that all repairs necessary to the exterior and interior of the building are 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)Housing Authority agrees to provide daily meals,including breakfast, lunch, snack,and dinner for the children participating in the Migrant Head Start as well as FENWC staff, Monday through Friday. It is anticipated that there will be approximately 15 adults and 35 children participating in the Migrant Head Start Program. The cost for providing such meals,for which FENWC agrees to reimburse Housing Authority, shall be as follows: Breakfast Child $1.25 Adult $1.75 Lunch Child $2.25 Adult $2.75 Snack Child $ .55 Adult $ .65 Dinner Child $2.25 Adult $2.75 Cook's Wages $50.00/day 3)Housing Authority 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 for the in Attachment"A", incorporated herein. 4)Housing Authority will provide the FENWC nutritionist with menus at least two(2) weeks in advance for approval. B)FENWC Responsibilities 1)FENWC shall be responsible for paying for phone services for Olathe Migrant Head Start Center. 2)FENWC shall notify Housing Authority within the first hour 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 Housing Authority the day before any holiday or vacation that meals will not be needed for those specified days. 3)FENWC will provide all eating utensils for staff and children participating in the Migrant Head Start Program. 9Dso9 4)FENWC will apply directly to the USDA for reimbursement for each child's meal on a monthly basis. Housing Authority will not apply,nor receive,reimbursement for these meals. 5)Parties' Relationship The parties to this Agreement intend that the relationship between them contemplates 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 Housing Authority harmless from any and all liability incurred by acts,omissions, or failures to act by FENWC and,likewise,Housing Authority agrees to indemnify and hold FENWC harmless from any and all liability incurred by acts,omissions, or failures to act by Housing Authority,pursuant to the terms of this Agreement. Because FENWC is a department of the Weld County Government,Housing Authority 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 act of 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 Housing Authority,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 Housing Authority which reflects the actual number of days Housing Authority's building facilities were used by FENWC and for which Housing 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. 9E(0909 FENWC: Weld County Division of Human Services' Family Educational Network of Weld County's Migrant Head Start Program PO Box 1805 Greeley,Colorado 80632 Housing Authority Montrose County Housing Authority 222 Hap Court Olathe,Colorado 81425 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 implies,shall not constitute a consent to,waiver of, or excuse for any other different or subsequent breach. 11) Severability If any term of 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 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,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 Housing Authority 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 Housing Authority understands that monitoring and evaluating the performance of this Agreement shall be provided to the Weld County Board of Commissioners. 95090? 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 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 nay 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 1st day of June 1998. BOARD OF COMMISSIONERS MONTROSE COUNTY HOUSING AUTHORITY WELD COUNTY, COLORADO�� OLA ORADO (/ Constance E. Harbert, Chairperson Board Representative (06/01/98) a .Iraq Al LEST: �9 /r��►�� " WELD CO C ' '' SFi� WELD COUNTY DIVISION OF HUMAN O) --- • By: Depu -Waite Speckman,Executive Director 9SDgo 9 At ;: MEMORANDUM IlkTO: Weld County Board of DATE: June 1, 1998 County Commissioners FROM: Walter J. Speckrnan, Executive Director Vc, COLORADO Weld County Division of Human Services SUBJECT: Purchase Service Agreement between Weld County and Montrose County Housing Authority Presented before the Weld County Board of County Commissioners for approval is a Purchase of Service Agreement between Weld County, Division of Human Services' Family Educational Network of Weld County, Migrant Head Start Program, and the Montrose County Housing Authority. The provisions of the contract are for the following services at our Migrant Head Start Center in Olathe; custodial service, utility service reimbursement, building maintenance and food service. • Custodial Service will be charged at$1.50 per square foot per year to include labor, equipment, materials and supervision. • Maintenance services and utilities will be billed at cost. • Food for children and staff will be billed at the following rates: Breakfast Child $1.25 Adult $1.75 , r71 Lunch Child 2.25 Adult 2.75 Snack Child .55 Adult .65 - Dinner Child 2.25 Adult 2.75 . -C Cook's Wages $50.00 per day For further information contact Tere Keller-Amaya at extension 3342. 980909 Hello