HomeMy WebLinkAbout20092120.tiffRESOLUTION
RE: APPROVE TWO PURCHASE OF SERVICE AGREEMENTS AND AUTHORIZE CHAIR TO
SIGN - WELD COUNTY SCHOOL DISTRICT RE -1
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 two Purchase of Service Agreements
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 Weld County School District RE -1,
commencing August 24, 2009, and ending May 27, 2010, with further terms and conditions being
as stated in said agreements, and
WHEREAS, after review, the Board deems it advisable to approve said agreements, copies
of which are attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the two Purchase of Service Agreements 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
Weld County School District RE -1 be, and hereby are, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreements.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 19th day of August, A.D., 2009.
ATTEST:
Weld County Clerk to the
BY "-
EXCUSED
Derutk CIero the Board
APPRAS�1I FORM:
drunty Attorney
Date of signature VJ IL'C
BOARD OF COUNTY COMMISSIONERS
WELD COUNTrCQLORADO
c
illiam F. Garcia, Chair
EXCUSED
Douglas Rademacher, Pro-Tem
set P. Conway
art a Kirkmeyer
j<
David E. Long
0C C( @4i
Oe'i,27 /0,3
2009-2120
HR0080
MEMORANDUM
6
it�` DATE: August 17, 2009
1111DeTO: William F. Garcia, Chair, Board of ounty Co ss' ners
FROM: Judy A. Griego, Director, Human est epattm
COLORADO RE:
Purchase of Services Agreements between the Weld County
Department of Human Services and Weld County School
District RE -I
Enclosed for Board Approval are the Purchase of Services Agreements between the
Department and Weld County School District RE -1. These Agreements were presented
at the Board's August 17, 2009, Work Session.
The terms of these Agreements are as follows:
No
Provider/Term
Program Area
Rates
1
Weld County School District
RE -1
August 24, 2009 — May 27, 2010
Colorado Preschool
Program Services
41 Student Equivalents
Max. $138,047.00
2
Weld County School District
RE -1
August 24, 2009 — May 27, 2010
Food Services for
Approximately 60
children
$1.25 per child Breakfast & Milk
$1.50 per adult Breakfast & Milk
$.70 per child Snack
$1.70 per child Lunches & Milk
$2.75 per adult Lunches & Milk
If you have any questions, give me a call at extension 6510.
2009-2120
PURCHASE OF SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this 1st day of July 2009, 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
Services' Family Educational Network of Weld County, hereinafter referred to as
"FENWC", and Weld County School District RE -1, hereinafter referred to as "School
District RE -1".
WITNESSETH:
WHEREAS, School District RE -1 provides public education to the students of
Weld County District RE -1, and
WHEREAS, School District RE -1 wishes to expand its services on behalf of
children who are preschool age and eligible under the Colorado School Finance Act, House
Bill 1341, and
WHEREAS, School District RE -1 receives funding and authority for the Colorado
School Finance Act of 1988, House Bill 1341, to provide quality education to eligible
preschool age children, and
WHEREAS, FENCW has expressed a desire to establish an early childhood
program so that eligible children may receive a quality preschool experience and be better
prepared for entry into the School District RE -1 system.
NOW, THEREFORE, in consideration of the premises, the parties hereto covenant
and agree as follows:
1. Term of Agreement:
The term of this Agreement is from August 24, 2009 through May 27, 2010.
2. Geographic Areas to be Served:
Early Childhood Education services shall be provided to eligible children who are
enrolled in School District RE -1.
3. FENWC Responsibilities:
a. Implement the Preschool Program as defined in the Colorado School
Finance Act of 1988, House Bill 1341, and as per School District RE -1 grant
with the Colorado Department of Education.
b. Since FENWC will provide Early Childhood services, therefore FENWC
will provide liability insurance for the children participating in the program.
c. Facilitate accessibility to childcare services to those families who want an
extended full day program.
d. Provide an early intervention program for preschool age children in need of
language development, to help ensure future academic success.
e. Utilize the child's dominant language for concept development and transfer
of the concept into the English language, with those children who are
monolingual in a language other than English.
£ Maintain an adequate child/staff ratio to ensure needed individualized
language stimulation. There will be a maximum of 15 children per
classroom, with one teacher and one teacher aide.
g.
Coordinate efforts among School District RE -1 staff, FENWC staff, and
parents to maximize the opportunities for a successful transition of students
and parents into the public school system.
h. Promote active parent participation in their children's education by
participating in the preschool program and by reinforcing concepts in the
home that children learned in school.
i. Promote active services such as transportation and childcare for parents in
order for them to attend training sessions and be actively involved in the
program.
J.
FENWC will utilize the DIAL -R (Developmental Indicators for the
Assessment of Learning) or other appropriate assessments to determine the
developmental needs of the children.
k. Provide an ongoing training plan for staff and parents.
1. Provide adequate materials for staff and parents to enable them to implement
teaching activities in the classroom and in the home.
m. Provide School District RE -1 and the Colorado Department of Education
with information for improving existing preschool programs and designing
effective programs for the future.
4. School District RE -1 Responsibilities:
a. Reimburse FENWC the amount of the 2009 preschool student unit for
School District RE -1, for each preschool student as per the Colorado School
Finance Act of 1988, House Bill 1341.
FENWC reimbursement will be limited to a maximum of 41 student
equivalents as per Colorado Department of Education allocation of
preschool slots.
School District RE -1's 2009 preschool student funding unit for the period
August 24, 2009 through May 27, 2010 is $3,367. The maximum to be
reimbursed to FENWC is $138,047 ($3,367 x 41 = $138,047)
b. Reimburse FENWC at the end of each month (September, October,
November, December, January, February, March, April, and May) for
program operation with one -ninth (1/9) of total budgeted program dollars or
$15,338.56 per month.
5. Modification of Agreement:
All modifications to this agreement shall be in writing and signed by both parties.
6. Assignment:
This Agreement shall be binding upon the parties hereto, their successors, heirs,
legal representatives, and assigns. FENWC may not assign any of its rights or
obligations hereunder without the prior written consent of School District RE -1.
7. Applicable Law:
FENWC agrees to follow policies and procedures of School District RE -1 as
construed in accordance with the Colorado School Finance Act of 1988, House Bill
1341, regulations and other applicable laws and regulations.
8. Assurances:
a. School District RE -1 agrees that it is an independent contractor and that its
officers, employees, and clients do not become employees of Weld County,
and therefore are not entitled to any employee benefits as Weld
County employees, as a result of the execution of this Agreement.
b. FENWC, the Weld County Board of Commissioners, its officers and
employees, shall not be held liable for injuries or damages caused by any
negligent acts or omissions of School District RE -1, its employees,
volunteers, or agents while performing this Agreement. School District
RE -1, its officers and employees, shall not be held liable for injuries or
damages caused by any negligent acts or omissions of FENWC, or its
employees, volunteers, or agents while performing functions as described in
this Agreement. School District RE -1 shall provide adequate liability and
worker's compensation insurance for all of its employees, volunteers, and
agents engaged in the performance of this Agreement, as required by the
Colorado Worker's Compensation Act.
Likewise, FENWC, by and through the Board of Weld County
Commissioners, shall provide adequate liability and worker's compensation
insurance for all employees of FENWC engaged in the performance of this
Agreement.
c. No officer, member, or employee of Weld County and no member of their
governing bodies shall have a pecuniary interest, direct or indirect, in the
approved Agreement or the proceeds thereof.
d. FENWC understands that monitoring and evaluation of the performance of
this Agreement shall be conducted by School District RE -1.
e. School District RE -1 and FENWC assure compliance with Title VI of the
Civil Rights Act of 1986, and that no person shall, on the grounds of race,
creed, color, sex, handicap, or national origin be excluded from participation
in, be denied the benefits of, or be otherwise subjected to discrimination
under the approved Agreement.
f 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 with respect
to any persons not a party to this Agreement.
g.
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 in each succeeding year.
9. Termination:
This Agreement may be terminated at any time by either party giving a thirty (30)
days written notice and is subject to the availability of funding.
10. Entire Agreement:
This Agreement constitutes the entire understanding between the parties with
respect to the subject matter hereof, and may not be changed or modified except as
stated in Paragraph 5 herein.
If any section, subsection, paragraph, sentence, clause or phrase of this Agreement
is for any reason held or decided to be unconstitutional, such decision shall not
affect the validity of the remaining portions. The parties hereto declare that they
would have entered into this Agreement and each and every section, subsection,
paragraph, sentence, clause and phrase thereof irrespective of the fact that any one
or more sections, subsections, paragraph, sentences, clauses, or phrases might be
declared unconstitutional or invalid.
IN WITNESS WHEREOF, the parties hereunto have caused this Agreement to be
duly executed as of the day and year first hereinabove set forth.
WELD COUNTY BOARD OF WELD COUNTY SCHOOL
COMMISSIONERS
Williamkf. Garcia, Chairperson
AUG 1 9 2009
ATTEST:
WELD COUNTY CLE
Deputy Irk to the Board
DISTRICT RE -1
Dr. Jo B
ie, Superintendent
WELD COUNTY DIVISION OF
HUMAN SERVICES
PURCHASE OF SERVICES
THIS AGREEMENT, made and entered into this 1st day of July 2009, 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 Weld County School District RE -1, hereinafter referred to as "School
District".
WITNESSETH
THAT FOR AND IN CONSIDERATION OF the covenants herein agreed to be
kept and performed, the School District hereby agrees to provide FENWC the following
described services based upon the following terms and conditions:
1. The School District will provide breakfast and milk for approximately sixty (60)
children at a cost of one dollar and twenty-five cents ($1.25) per child, Tuesday
through Friday.
The School District will provide breakfast and milk for one dollar and fifty cents
($1.50) per adult.
2. The School District will provide snacks for approximately sixty (60) children at a cost
of seventy-five cents ($0.75) per child, Tuesday through Friday.
3. The School District will provide lunches and milk for approximately sixty (60)
children at a cost of one dollar and seventy cents ($1.70) per child, Tuesday through
Friday.
The School District will provide lunches and milk for two dollars and seventy-five
cents ($2.75) per adult.
4. FENWC agrees to notify the School District kitchen by 9:30 a.m. daily of the number
of children lunches and the number of adult lunches needed. These lunches will be
picked up by FENWC between 10:45 a.m.-11:30 a.m. FENWC shall notify the
School District a week before any holiday or vacation that meals will not be needed
for those specified days. Breakfasts are picked up at 8:00 a.m.
5. The School District will submit a bill for services to the Weld County Division of
Human Services, P.O. Box 1805, Greeley, Colorado, 80632, by the 10th of the month
for services provided during the preceding month. The School District agrees to
provide information on the cost of the quantity of lunches served to enable FENWC to
comply with USDA reimbursement requirements.
6. FENWC will apply directly to USDA for reimbursement for each child's meal by type
(full paid, free or reduced) each month. The School District will not receive USDA
reimbursement for these meals.
FENWC agrees to pay the School District for all meals served to Head Start children
and staff'. Such reimbursement will be made within three (3) weeks of the receipt of a
statement of such charges from the School District. The rate will be described in item
#1 above.
7. FENWC agrees to provide the containers necessary for food transportation, and proper
food storage equipment and further agrees to provide for all transportation of the food
from the School District to the FENWC Center.
8. The School District agrees to provide meals in accordance with the regulations of the
United States Department of Agriculture's Child Adult Care Food Program as shown
in Attachment A hereto, which is hereby incorporated into this agreement.
9. The School District will maintain the following records for FENWC:
a. Menu/Production Records, including number of meals prepared, menu, portion
sizes of menu items and amounts of food used to prepare menu items. This is a
requirement at the preparation kitchen for all meals served.
b. Milk invoices. (Sent in monthly to the Food Services Office.)
10. FENWC will maintain a daily record of the number of meals served by type.
11. The term of this Agreement shall be from August 24, 2009 through May 27, 2010.
12. This Agreement may be amended at any time with the written mutual consent of both
parties.
13. The School District and FENWC mutually agree to accept that this Agreement may be
terminated by either party upon a thirty (30) day written notice being provided to the
other party; however, this Agreement will be terminated if Head Start of Colorado
Preschool Program funding is stopped.
ASSURANCES:
a. The School District agrees that it is an independent contractor and that its
officers, employees, and clients do not become employees of Weld County,
and therefore are not entitled to any employee benefits as Weld County
employees, as a result of the execution of this Agreement.
b. Weld County, the Board of County Commissioners of Weld County, its
officers and employees, shall not be held liable for injuries or damages caused
by any negligent acts or omissions of the School District or its employees,
volunteers, or agents while performing functions as described in this
Agreement. The School District shall indemnify, defend and hold harmless
Weld County, the Board of County Commissioners of Weld County, its
officers and employees for any loss occasioned as a result of the performance
of this Agreement by its employees, volunteers, clients and agents. The School
District shall not be held liable for injuries or damages caused by any negligent
acts or omissions of Weld County, the Board of County Commissioners of
Weld County, its employees, volunteers or agents while performing this
Agreement. The School District shall provide Worker's Compensation for all
employees of the School District engaged in the performance of this
Agreement, as required by the Colorado Worker's Compensation Act.
Likewise, FENWC, by and through the Board of County Commissioners, shall
provide adequate liability and Worker's Compensation Insurance for all its
employees, volunteers and agents engaged in the performance of this
Agreement.
c. 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 or the proceeds thereof
d. The School District understands that monitoring and evaluation of the
performance of the Agreement shall be conducted by the Weld County
Division of Human Resources and the results provided to the Board of County
Commissioners of Weld County.
e. The School District and FENWC assure compliance with Title VI of the Civil
Rights Act of 1986, and that no person shall on the grounds of race, creed,
color, sex, or national origin, be excluded from participation in, be denied the
benefits of, or be otherwise subject o discrimination under the approved
Agreement.
f. 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 persons not a part to this Agreement.
g.
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 in each succeeding year.
SEVERABILITY:
If any section, subsection, paragraph, sentence, clause, or phrase of this Agreement is
for any reason held or decided to be unconstitutional, such decision shall not affect the
validity of the remaining portions. The parties hereto declare that they would have entered
into this Agreement and each and every section, subsection, paragraph, sentence, clause, and
phrase thereof irrespective of the fact that any one or more sections, subsections, paragraph,
sentences, clauses, or phrases might be declared to be unconstitutional or invalid.
IN WITNESS WHEREOF, the parties hereunto have caused this Agreement to be duly
executed as of the day, month, and year first hereinabove set forth.
WELD COUNTY BOARD OF WELD COUNTY SCHOOL
COMMISSIONERS DISTRICT RE -1
William M Garcia, Chairperson Dr. Jo Barbi�
Superintendent of Schools
r' AUG 1 9 2009
ATTEST:
WELD COUNTY CL OARD WELD COUNTY DIVISION OF
HUMAN SERVICES
By: Deputy Clto the Board
a7GG9-01/..1L
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