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Home My WebLink About961260.tiff RESOLUTION RE: APPROVE PURCHASE OF SERVICES AGREEMENT BETWEEN FENWC'S MIGRANT HEAD START PROGRAM AND MONTROSE COUNTY HOUSING AUTHORITY 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 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 Human Services, Family Educational Network of Weld County's Migrant Head Start Program, and the Montrose County Housing Authority, commencing June 10, 1996, and ending September 13, 1996, 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 Human Services, Family Educational Network of Weld County's Migrant Head Start Program, 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 22nd day of July, A.D., 1996, nunc pro tunc June 10, 1996. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLD DO • ILI kia4,44 .� Barbara J. Kirkmeyer, hair SqG' O� C my Clerk to the Board O(^ 11/411. �`�: ,. C1 :� eorge4. Baxter, Pro Deputy Clerk the Board J Dale K. Hall �Q AP AS TO FORM: G9�7UZs�ruiOj• Q t yyAA Constance L. Harbert Co Attorney 7 111(.12_ , 4// �? W. . ebster 961260 /`/5;Hcndi e se_ HR0067 PURCHASE OF SERVICES AGREEMENT THIS AGREEMENT, and entered into this ay lair 1996, by and between the County of Weld, State of Colorado, by and through the Board of Codnty 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 Housing Authority, hereinafter referred to as"Housing Authority." WITNESSETH 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, FENWC requires office, classroom, maintenance, playground and nutrition services in order to implement the Migrant Head Start Program; and WHEREAS, Housing Authority desires to provide office, classroom and playground space 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 Classroom and Playground Space The Housing Authority agrees to provide office space as agreed,two classrooms, playground space and nutrition services at the Housing Authority Center("the School Facilities") during the Term of this Agreement between the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday, and occasionally to make the school building facilities available in the evening or at other times, as agreed between the parties. 2. Term of the Agreement This Agreement shall be effective from June 10, 1996,through September 13, 1996. 3. Compensation FENWC agrees to pay rent to the Housing Authority at the rate of$3,400.00, for the contract period. The rental rate includes the use of the designated classrooms and office space, general use of the building and playground facilities, utilities, and janitorial services for the school and playground facilities. 961260 In addition, FENWC agrees to pay Housing Authority for meals provided to FENWC for the Migrant Head Start Program as more specifically set forth below. Housing Authority shall submit a bill for rent and meals by the 10th of the month for services provided during the proceeding month. Billing statements shall be sent to Family Educational Network of Weld County, P.O. Box 1805, Greeley, Colorado 80632. FENWC will pay for all statements submitted within 30 days after receipt. 4. Parties' Responsibilities A. Responsibilities of the Housing Authority 1) Housing Authority shall be responsible for all repairs necessary to the exterior and interior of the building 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 and snack, 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 9 adults and 35 children participating int he Migrant Head Start Program. The cost for providing such meals, for which FENWC agrees to reimburse Housing Authority, shall be as follows: Breakfast Child - $.960 Adult - $.960 Lunch Child - $2.005 Adult - $2.005 Snack Child - $.475 Adult - $.475 Cook Wages - $49.26 per 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 forth in Attachment "A:, incorporated herein. 4) Housing Authority will provide the FENWC nutritionist with menus at least two weeks in advance for approval. 961260 B. FENWC Responsibilities 1) FENWC agrees to maintain the building facilities and playground in the same condition, order and repair as they are at the commencement of the term of this Agreement, except for reasonable wear and tear arising from the use thereof. 2) FENWC will provide Housing Authority advance notice of at least one week of any request for occasional evening usage or any other use of the building facilities, for approval by Housing Authority. 3) FENWC shall be responsible for paying for phone services for the Olathe Migrant Head Start Center. 4) FENWC shall notify Housing Authority within the first hour of 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. 5) FENWC will provide all eating utensils for staff and children participating in the Migrant Head Start Program. 6) 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 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 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 961260 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 or 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 Authority 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. FENWC: Weld County Division of Human Services' Family Educational Network of Weld County's Migrant Head Start Program P.O. Box 1805 Greeley, Colorado 80632 961260 Housing Authority: Montrose County Housing Authority 222 Hap Court Olathe, CO 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 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 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. 961260 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. 16. No Third Party Beneficiary Enforcement No portion of this Agreement shall be deemed to constitute a waiver of nay immunities the parties of 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. 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 any entity other than the undersigned parties receiving services or benefits under this Agreement shall be deemed an incidental beneficiary only. 961260 ig IN WITNESS WHEREOF,the parties have hereunto set their hand and seals this Olot day oqult 1996. BOARD OF COUNTY COMMISSIONERS MONTROSE COUNTY HOUSING WELD COUNTY, COLORAl�O AUTHORITY LI Barbara J. Kirkmeyer,Chairper n J . Jantzen, ecutive Dir tor . Le Wain ,.. ct 1 ,,,,, % D IOUNTY CLERK TO THE BOARD WELD COUNTY DIVISION OF HUMAN S®u \ SERVICES V L By: Deputy C( k to the Board Wal r .Weckman, Executive Director 961260 mEmoRAnDum � Barbara J. Kirkmeyer, Chair To Board of County Commissioners Date July 17, 1996 COLORADO From Walter J. Speckman, Executive Director, Human Services Subject Purchase of Service Agreement between the Family Educational Network of Weld County and Montrose County Housing Authority Enclosed for Board approval is the Purchase of Services Agreement between the Family Educational Network of Weld County's Migrant Head Start Program and the Montrose County Housing Authority, Olathe, Colorado. The Agreement is to provide FENWC with classroom and playground facilities, custodial services, and meals for migrant children enrolled in the Migrant Head Start Program in Olathe, Colorado. The term of this Agreement is from June 10, 1996 through September 13, 1996. If you have any questions, please call Janet Luna-Flaugher at 353-3800, extension 3340. 961260 Hello