HomeMy WebLinkAbout971164.tiffRESOLUTION
RE: APPROVE PURCHASE OF SERVICES AGREEMENT BETWEEN THE DEPARTMENT
OF HUMAN SERVICES, FENWC, AND THE 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 for
the Migrant Head Start Program 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 (FENWC), and the Montrose
County Housing Authority, commencing June 2, 1997, and ending October 3, 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 Purchase of Services Agreement for the Migrant Head Start
Program 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 23rd day of June, A.D., 1997, nunc pro tunc June 2, 1997.
ATTEST:
Weld Q
BY.
Dep
APPROVED AS TO FORM:
unt'y
BOARD OF COUNTY COMMISSIONERS
WELD LINTY, Cr"
?sr
eorge ter, Chair
4-70. // /
stance Li
Pro- m
Dale K. Hall
EXCUSED DATE OF SIGNING (AYE)
Barbara J. Kirkmeyer
W. H.
ebster
/Y)6n/Yost?
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HR0068
PURCHASE OF SERVICES AGREEMENT
THIS AGREEMENT, and entered into thisot'day o�ag 1997, by and between the
County of Weld, 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 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 custodial, maintenance, playground and nutrition
services in order to implement the Migrant Head Start Program; 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, and 6:00 a.m. and 3:00 p.m. on Saturday.
2. Term of the Agreement
This Agreement shall be effective from June 2, 1997, through October 3, 1997.
3. Compensation
FENWC agrees to pay the Housing Authority for building maintenance services at
cost for labor, time, and materials.
FENWC will reimburse Housing Authority for custodial services at a rate of one
dollar and fifty cents ($1.50) per square foot per year to include labor, equipment,
materials and supervision. Rates will be adjusted annually.
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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 siege of normal wear
and tear or routine building services maintenance. Se. tlPc'
FENWC agrees to pay for utilities to include: gas, electricity, sewage and water
from May 1 through September for the period of usage.
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 custodial and maintenance services,
utilities, 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.
Parties' Responsibilities
A. Responsibilities of the Housing 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, and breakfast, lunch and snack on Saturday. 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 - $1.15 Adult - $1.50
Lunch Child - $2.15 Adult - $2.50
Snack Child - $.55 Adult - $.65
Dinner Child - $2.15 Adult - $2.50
Cook Wages - $50.00 per day
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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.
B. FENWC Responsibilities
1) FENWC shall be responsible for paying for phone services for the
Olathe Migrant Head Start Center.
2) 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.
3) FENWC will provide all eating utensils for staff and children
participating in the Migrant Head Start Program.
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
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
assignees.
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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
Housing Authority:
Montrose County Housing Authority
222 Hap Court
Montrose, Colorado 81425
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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.
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.
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16. No Third Party Beneficiary Enforcement
No portion of this Agreement shall be deemed to constitute a waiver of ityY
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.
IN WITNESS WHEREOF, the parties have hereunto set their hand and seals this v3
day of , 1997.
BOARD OF COUNTY COMMISSIONERS MONTROSE COUNTY HOUSING
WELD COUNTY, COLORADO AUTHORITY
George .Baxter, Chairperson
&o(
Board Representative
WELD COUNTY DIVISION OF HUMAN
SERVICES
Walt J. Speckman, Executive Director
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COLORADO
mEmORAnDum
George E. Baxter, Chairman
To Board of County Commissioners Date June 19, 1997
From Walter J. Speckman, Executive
Subject
Director, Human Services
Purchase of Service Agreement between FENWC and Montrose
Housing Authority
Enclosed for Board approval is the Coordination Agreement between the Family Educational
Network of Weld County's Migrant Head Start Program and the Montrose County Housing
Authority in Olathe, Colorado.
The Agreement is to provide FENWC with custodial, maintenance, and nutrition services and
playground space for migrant children enrolled in the FENWC Migrant Head Start Program located
on the Housing Authority property
The term of this Agreement is from June 2, 1997 through October 3, 1997.
If you have any questions, please telephone Janet Flaugher at 353-3800, extension 3340.
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