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HomeMy WebLinkAbout20112485.tiff RESOLUTION RE: APPROVE MEMORANDUM OF UNDERSTANDING CONCERNING CONSOLIDATED ALTERNATIVE PROGRAM FOR CHILD CARE AT JEFFERSON HIGH SCHOOL AND AUTHORIZE CHAIR TO SIGN -WELD COUNTY SCHOOL DISTRICT 6 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 Memorandum of Understanding Concerning the Consolidated Alternative Program for Child Care at Jefferson High School 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, and Weld County School District 6, commencing August 16, 2011, and ending October 19, 2011, with further terms and conditions being as stated in said memorandum, and WHEREAS, after review, the Board deems it advisable to approve said Memorandum of Understanding, 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 Memorandum of Understanding Concerning the Consolidated Alternative Program for Child Care at Jefferson High School 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, 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 memorandum. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of September, A.D., 2011, nunc pro tunc August 16, 2011. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: EXCUSED Il, Barbara Kirkmeyer, Chair Weld County Clerk to the •ar. •d O l 1861 `)ciltV Sean P. Co , ro-Tem ;fir,- BY: / itDeputy Clerk to the Bo. % U i $ William F. Garc .7 ARPR ED FORM: EXCUSED L *',� ����__._ avid E. Lo unty Attorney n ougla Rademach Date of signature: 94 Cc, N S 6 10 . 3 fl 2011-2485 HR0082 MEMORANDUM 1861 - 2011 DATE: September 13, 2011 WELR._-CO NTY TO: Barbara Kirkmeyer, Chair, Board of Commis ioners FROM: Judy A. Griego, Director, Human Services art l/tJ�l SUBJECT: Memorandum of Understanding between the Weld County Department of Human Services' and School District Six Enclosed for Board approval is a Memorandum of Understanding between the Department and School District Six. This Memorandum of Understanding was reviewed under a Pass-Around Memorandum dated September 8, 2011, and approved for placement on the Board's Agenda. School District 6 has a retrieval program at Jefferson High School for school age youth with children that seeks to have such youth re-enter and graduate from high school. Weld County initially supported the Jefferson High School Consolidated Alternative Program by providing a child care slot contract for 20 licensed slots to its licensed child care provider for the period of January 13, 2011 through May 19, 2011. The District has requested Weld County to continue to assist them in funding a child care slot contract for 20 licensed slots to benefit school aged youth with children to School District 6's child care provider and to allow School district 6 additional time to identify other funding sources for their child care or related program needs. Weld County has limited ability and is willing to provide the requested child care slot contract to its licensed child care provider for a single period of 9 weeks beginning August 16, 2011 through October 19, 2011, on a one-time-only basis, in support of the Jefferson High School Consolidated Alternative Program. This Memorandum of Understanding constitutes a non-financial agreement between School District 6 and Weld County. Weld County will contract separately with the licensed child care providers of the Jefferson High School Consolidated Alternative Program. If you have any questions, give me a call at extension 6510. 2011-2485 MEMORANDUM OF UNDERSTANDING BETWEEN SCHOOL DISTRICT SIX AND WELD COUNTY DEPARTMENT OF HUMAN SERVICES This Memorandum of Understanding is executed between School District 6, hereinafter referred to as "School District 6", and the Board of County Commissioners, Weld County, on behalf of the Weld County Department of Human Services, hereinafter referred to as "Weld County", regarding the payment of child care slots for the Jefferson High School Consolidated Alternative Program. 1. Term: The term of the Memorandum of Understanding is from August 18, 2011 through October 19, 2011. 2. Background and Purpose of the Memorandum of Understanding: A. School District 6 has a retrieval program at Jefferson High School for school age youth with children that seeks to have such youth re-enter and graduate from high school B. School District 6 wishes to continue its efforts to identify non-Weld County and community funding and community support of its Jefferson High School Consolidated Alternative Program. C. Weld County initially supported the Jefferson High School Consolidated Alternative Program by providing a child care slot contract for 20 licensed slots to its licensed child care provider for the period of January 13, 2011 through May 19, 2011. D. School District 6 has requested Weld County to continue to assist them in funding a child care slot contract for 20 licensed slots to benefit school aged youth with children to School District 6's child care provider and to allow School District 6 additional time to identify other funding sources for their child care or related program needs. E. Weld County's child care resources are limited and must be used in an equitable manner on behalf of eligible clients. F. Weld County has limited ability and is willing to provide the requested child care slot contract to its licensed child care provider for a single period of 9 weeks beginning August 16, 2011 through October 19, 2011, on a one-time-only basis, in support of the Jefferson High School Consolidated Alternative Program. 1 G. This Memorandum of Understanding constitutes a non-financial agreement between School District 6 and Weld County. Weld County will contract separately with the licensed child care provider of the Jefferson High School Consolidated Alternative Program. 3. Role and Responsibilities A. School District 6 will manage and operate the Jefferson High School Consolidated Alternative Program. B. School District 6 will solely be responsible for its contractual responsibilities with its licensed child care provider, as its provider to the Jefferson High School Consolidated Alternative Program. C. School District 6 will develop its plan to transition from its financial dependency on child care slot funding through Weld County, as funding from Weld County is expected to terminate on October 19, 2011. D. Weld County will determine the eligibility of youth for the Low Income Child Care Program and, at the request of School District 6, outreach to youth at the Jefferson High School site for purposes of determining eligibility of youth. 4. The MOU Outcomes will be: A. School District 6 will implement its plan to transition from its dependency on a child care slot funding through Weld County. B. Weld County will continue to fund, if available, after October 19, 2011, child care services for youth with children through a non-slot contractual basis, through licensed or legally exempt providers, and who are enrolled in the Jefferson High School Consolidated Alternative Program. C. School District 6 will determine the outcomes of youth participating in child care services funded through the Low Income Child Care Program including demographic data, graduation rates, drop-out reasons, and identification of barriers to successful completion of the Jefferson High School Program. 5. Priority of Interpretation: The provisions of this Memorandum of Understanding (MOU) shall govern the relationship between Weld County and School District 6. Should conflict in any provisions of this MOU and any exhibits hereto be identified, the priority of interpretation of the Agreement shall be as follows: A. The Special Provisions incorporated within the Agreement; and B. The terms and provisions of this Agreement. 2 6. General Provisions: A. Weld County shall have no financial obligation to fund child care services for youth with children through a slot contractual basis after October 19, 2011. B. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. C School District 6 shall perform its duties hereunder as an independent contractor and not as an employee of Weld County. School District 6 shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this MOU. Neither School District 6 nor any agent or employee of School District 6 shall be deemed to be an agent or employee of Weld County. School District 6 and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for School District 6 or any of its agents or employees. Unemployment insurance benefits will be available to School District 6 and its employees and agents only if such coverage is made available by School District 6 or a third party. School District 6 shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. School District 6 shall not have authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in this Agreement. School District 6 shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law and (b) provide proof thereof when requested to do so by Weld County. D. In the event of a dispute between Weld County and School District 6, concerning this MOU, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of School District 6. E. It is expressly understood and agreed that the enforcement of the terms and conditions of this MOU, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this MOU shall give or allow any claim or right of action whatsoever by any other person not included in this MOU. It is the express intention of the undersigned parties that any person or entity other than the undersigned parties receiving services or benefits under this MOU shall be an incidental beneficiary/beneficiaries only. 3 F. This M0U shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 7. Signatures: T -62,A,A 2-/6 — l1 Date School District 6 :r 2 2'°t1 Date Sean P. Conway, Chair Pro-Tem Board of Weld County Commissioners On behalf of the Weld County Department of Human Services Concurrence: 414/Sandy Bright, Exec ive Di e for Date ABC Child Care Centers 4 Special Provisions 1. Board of County Commissioners of Weld County Approval: This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 5 Hello