HomeMy WebLinkAbout20092563.tiffRESOLUTION
RE: APPROVE MEMORANDUM OF UNDERSTANDING AND AUTHORIZE CHAIR TO SIGN -
AIMS COMMUNITY COLLEGE
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 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 Aims Community College, commencing October 1, 2009, and ending
September 30, 2010, with further terms and conditions being as stated in said memorandum of
understanding, 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 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 Aims
Community College be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said memorandum of understanding.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 28th day of September, A.D., 2009.
BOARD OF UNTY COMMISSIONERS
WELD COUN COLORADO
ATTEST:
William F. Garcia, Chair
Weld County Clerk to
ouglaaademach r, Pro-Tem
BY.
Deputy Clerk to the B
Se
APPR,O93 AS T
ounty rney
Date of signature La
n P. Conway
//a-
Kirkmeyer
2009-2563
(D4 2467 HR0080
MEMORANDUM
ate-,
DATE: September 23, 2009
TO: William F. Garcia, Chair, Board of County Co missioners
WIlD C• FROM: Judy A. Griego, Director, Human Services e arttment
l
COLORADO RE: Memorandum of Understanding between the Department's
Family Educational Network and Aims Community College
Enclosed for Board approval is a Memorandum of Understanding between the Department's
Family Educational Network (FENWC) and Aims Community College. This Memorandum
of Understanding was presented at the Board's September 22, 2009, Work Session.
FENWC is the lead agency and has the authority and capacity to direct and deliver funds to
Aims Community College as consultant agency to accomplish the goals, objectives, activities,
and outcomes which are to continue the Post -Secondary Professional Development Academy
providing scheduling, advising, mentor -coaching, substitute teaching, tracking, and oversight
of staff credentialing and ERS/CLASS assessment for its program staff and classrooms in
accordance with 45-CFFR-1304, Head Start Performance Standards and the Head Start
Reauthorization Act of 2007.
The amount of funding from FENWC to Aims shall not exceed $109,750.00.
The term of this Memorandum of Understanding is October 1, 2009 through September 30,
2010.
If you have any questions, give me a call at extension 6510.
2009-2563
cl
MEMORANDUM OF UNDERSTANDING
between
Weld County Department of Human Services' Family Educational Network,
1555 N.17t' Avenue, PO Box 1805, Greeley, CO 80632
and
Aims Community College,
PO Box 69, Greeley, CO 80632
WHEREAS, the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County for the use and benefit of the Weld County Department of Human Services' Family Educational Network of
Weld County, here in after referred to as "FENWC" has been awarded the Head Start 2009 ARRA COLA Quality
Improvement Funding, Catalog of Federal Domestic Assistance (CFDA) No. 93708 and 93600, Award
#08SE0019/10 and #90CM0136/24 by Department of Health and Human Services Administration for Children and
Families to provide training and technical assistance to program staff;
WHEREAS, FENWC is the lead agency for the grant and has the authority and capacity to direct and deliver funds
to Aims Community College (Aims) as Consultant agency to accomplish the goals objectives, activities and
outcomes set forth in the Grant; which are to continue the Post -Secondary Professional Development Academy
providing scheduling, advising, mentor -coaching, substitute teaching, tracking and oversight of staff credentialing
and ERS/CLASS assessment for its program staff and classrooms in accordance with 45-CFFR-1304, Head Start
Performance Standards and the Head Start Reauthorization Act of 2007, and
Whereas, Aims has the staff and facilities to provide such services, and
Whereas, the parties wish to continue an on -going policy for the provision of said services,
NOW THEREFORE, in accordance with the mutual benefits, responsibilities, and considerations set forth herein,
the parties hereto agree as follows:
A. EFFECTIVE DATE AND TERM. The effective date of this MOU is October 1, 2009. The initial
term of the Grant shall commence on October I, 2009 and end on September 30, 2010. This
Agreement shall be subject to review and written renewal by the parties annually, subject to the
availability of funds.
B. DUTIES AND OBLIGATIONS OF AIMS.
1. Administrative/Program Requirements:
a. During the term of the Agreement, Aims agrees to make its services available to
FENWC. The average number of hours of service per week will be equivalent to 2.4
FTE, or ninety-six (96) hours per week during program operational hours, as
mutually agreed to by FENWC and Aims for a minimum of 48 weeks.
b. Scone of Work. Aims will provide the following professional development services
to FENWC Head Start and Migrant Head Start programs and staff:
I. Aims will provide an in -kind contribution of 8% Time and effort in the
form of salary and fringe benefits for the Principal Investigator, Dan
Doherty up to $9212.57.
2. Provide 1.0 FTE Training Coordinator/Mentor-Coach employed by
Aims and 1.4 additional FTE Mentor -Coaches by contractual
agreement with FENWC. The Aims training Coordinator shall assign
qualified and certified mentor -coaches to provide services pursuant to
this Understanding.
3. Provide academic advising to register FENWC staff for classes.
4. Assist FENWC staff with the completion of college paperwork,
FAFSA applications, the FENWC Education Request forms, and the
submission of end of semester transcripts.
5. Assist FENWC staff in the application process to obtain the Colorado
Department of Human Services Early Childhood Professional
Credential.
6. Create post secondary educational plans for each FENWC staff
member enrolled in college classes
7. Track individual staff progress on educational plans
8. Provide FENWC with current individual staff educational plans at the
beginning of each semester --Fall, Spring and Summer
9. Provide weekly mentor -coaching sessions for each FENWC teacher, to
commence in November 2009 and to include videotaping,
conferencing, modeling, observation, goal setting and goal completion,
guidance, and room arrangement with the prior approval of the
FENWC Education Specialist to ensure compliance with Head Start
Performance Standards and FENWC Policies and Procedures.
10. Report any safety concerns encountered at a center immediately to the
FENWC Education and/or Health Specialist.
11. Provide FENWC with a weekly schedule of coaching sessions,
12. Provide bi-monthly coaching sessions with each FENWC teacher to
support learning transference from the ECE classroom to the Head
Start classroom.
13. Create and implement a teacher coaching journal to strengthen learning
transference.
14. Conduct ECERS and ITERS (ERS and CLASS) classroom assessments
for all FENWC non-Qualistar rated classrooms, in October and
April/May
15. Provide ECERS/ITERS (ERS and CLASS) reports to FENWC,
including rater score sheets within 2 weeks of the completion of the
assessment,
16. In collaboration with the FENWC Education Specialist, develop and
provide 1-2 classes per semester for Head Start cohorts to be offered
outside the framework of the work day.
17. Assist with the training of the Head Start Staff if requested at one or
both pre -service trainings offered each year.
18. Participate in FENWC professional development meetings if requested
during the Regional and Migrant Head Start programs,
19. Meet monthly with the Office Manager and Education Specialist to
discuss reports and staff progress. The scope of such services shall be
initiated and guided by FENWC. Aims services shall be provided to
those staff referred by FENWC.
20. Maintain ECERS/ITERS (ERS and CLASS) certification.
21. Provide "Every Child Ready to Read" fall workshops to FENWC
families.
c. Progress Report. Aims shall submit to FENWC the written quarterly reports of their
activities, which shall fulfill the legal requirements of the parties hereto. Such
reports shall be maintained by FENWC. These reports will include Participants
major contributions of effort and documented time; activities and findings to cover
the period of October l s`, 2009 to September 30th, 2010. The progress reports will be
combined with FENWC's progress report and submitted by FENWC to the
Department of Health and Human Services Administration for Children and Families
in compliance with Grant requirements.
d. Scheduling of Engagements. Aims shall schedule services so as to be rendered
during hours meeting the needs of FENWC and its staff. Aims shall provide
FENWC offices with I -week notice and individual centers within FENWC with
forty-eight (48) hours prior notice of all scheduled services. All engagements shall
be scheduled at mutually agreeable times and dates.
2. FINANCIAL REQUIREMENTS.
a. Budget. Aims shall expend funds as proposed in their individual budget and herein
approved by FENWC, Attachment A.
b. Billing information. Reimbursement requests shall be submitted to the attention of
Dr. Janet Flaugher, Director Family Educational Network of Weld County P.O. Box
1805, 1555 No. 17th Avenue, Greeley, CO 80632 by the 30th of each month for the
previous month's aggregate expenses. In addition, Aims shall provide access to
financial and program records at the request of FENWC or in the event of an audit.
Records shall be retained for a period of 10 years or as required by the grantor.
c. Aims shall provide quarterly financial reports for the quarter ending in December
3151, 2009, March 3r , 2010 ; June 301° ,2010 and September 30'° 2010 within 30
days of the quarters end.
C. DUTIES AND OBLIGATIONS OF FENWC.
1. The total financial obligation of FENWC under this MOU is not to exceed One -hundred and nine
thousand seven -hundred and fifty dollars ($109,750) .
a. FENWC shall provide TO Aims financial for 1.0 FTE's salary /30%fringe
up to the amount of $53,494.58 that will support Professional Development
Coordinator/Coach to direct and implement the project as stated in the
budget submitted to FENWC by Aims and approved herein.
b. FENWC shall provide financial support on an hourly basis to Aims up to
the amount of $46,255.42 for three additional part-time mentor coaches
(1.35 FTE) to implement the program as outlined in the budget submitted to
FENWC by Aims and approved herein.
c. FENWC shall reimburse Aims for materials and supplies up to an amount
of $2500 in order for Aims to perform its obligations under this Agreement.
d. FENWC shall reimburse Aims for mileage up to an amount of $5000.00 in
order for Aims to perform its obligations under this Agreement.
e. FENWC shall reimburse Aims up to an amount of $2500.00 for the cost of
ERS reliability certification and/or CLASS credentialing of the mentor -
coaches implementing the program under this Agreement.
f Within 30 days after approval by FENWC Director, Dr. Janet Flaugher,
reimbursement of grant costs incurred will be made to Aims on a monthly
cost -reimbursement basis from receipt of the aggregate monthly statement.
The FENWC monthly reimbursement payments shall be sent to:
Aims Community College
Attn. Linda Archibeque
Aims Restricted Funds Accountant
P.O. Box 69
Greeley, CO 80632
D. ADDITIONAL PROVISIONS.
t. Nature of Relationship. The relationship between FENWC and Aims is strictly that of
independent entities and is not an agency or employment relationship. No party is an employee,
agent or representative of any other party by virtue of this Agreement nor shall any such party
have any expressed or implied right to authority to assume or create any obligation or
responsibility on behalf of or in the name of any other party by virtue of the Agreement.
Contractor also acknowledges that it will not be entitled to participate, by reason to this
Agreement, in any employee benefits provided by FENWC. FENWC is contracted to receive
services only and is interested in the results of Aims's efforts. Aims shall be solely and entirely
responsible for its own acts and omissions during the performance of this Agreement.
2. Aims Representatives. In connection with the professional development services provided
hereunder, FENWC will interact administratively with such individual/s as Aims my designate.
The Aims Training Coordinator shall assign qualified and certified mentor -coaches, to provide
services pursuant to this Agreement. FENWC reserves the right to request a change in a mentor -
coach should it deem the services of that mentor -coach to be inadequate.
3. Confidentiality. Aims and FENWC agree not to disclose any personal or privileged information
to third parties without first obtaining the written consent of responsible party thereof, unless
otherwise permitted or required under applicable law.
4. Indemnification. Aims shall indemnify to the greatest extent permitted by law, defend and hold
harmless FENWC from any claims, losses, damages, liabilities, costs, expenses or obligations,
including but not limited to attorneys' fees, court costs and punitive or similar damages, arising
out of or resulting from any act or omission by Aims or any of its employees, agents or
representatives in the furnishing of mental health and wellness services or supplies, or arising out
of or resulting from the negligent, fraudulent, dishonest or other acts or omissions of aims or its
employees, agents or representative in its performance under the terms of this Agreement.
Likewise, FENWC, to the greatest extent permitted by law shall indemnify, defend and hold
harmless Aims from any claims, losses, damages, liabilities, costs, expenses or obligations,
including but not limited to attorneys' fees, court costs and punitive or similar damages, arising
out of or resulting from any act or omission by FENWC or any of its employees, agents of
representatives in the furnishing of comprehensive educational services, of supplies or arising out
of or resulting from the negligent, fraudulent, dishonest or other acts of omissions of FENWC or
its employees, agents or representatives in its performance under the terms of the Agreement. No
provision of this Agreement shall be construed or interpreted: i) to directly or indirectly obligate
Aims or FENWC to make any payment in any year in excess of amounts appropriated for such
year; ii) as creating a debt or multiple fiscal year direct or indirect debt or other financial
obligation whatsoever within the meaning of Article X, Section 20 of the Colorado Constitution or
any other constitutional or statutory limitation or provision; iii) as a donation or grant by the other
party to, or in aid of, any person, company or corporation within the meaning of Article XI,
Section 2 of the Colorado Constitution. Notwithstanding any other section of this agreement to
the contrary, no term or condition of this agreement shall be construed or interpreted as a waiver,
either direct or implied, of any of the immunities, rights or benefits provided to Aims or FENWC
under Colorado law.
5. Representations. Aims neither represents nor warrants that the services provided hereunder shall
assure FENWC of accreditation or licensure by the Colorado Department of Social Services,
Colorado Department of Education, by any other accrediting body, or by any licensing agency.
6. Employment Covenant. It is agreed and understood by both parties that neither Aims nor
FENWC shall hire or attempt to hire the other party's employees during the term of this
Agreement or for a period of twelve (12) months thereafter, without mutual consent.
7. Liability Insurance. Aims will carry at its own expense professional liability insurance coverage
in the amounts equal to at least $1,000.000 annual in aggregate.
8. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery of
failure to deliver or otherwise to perform any obligation under this Agreement, where such failure
is due to any cause beyond his reasonable control including but not limited to Acts of God, fire
strikes, war, flood, earthquakes or Governmental action..
9. Entire Agreement, Amendment, Waiver. This Agreement merges all previous negotiations
between the parties hereto and constitutes the entire agreement and understanding between the
parties with respect to the subject matter of this Agreement. No alteration, modification or change
of this Agreement shall be valid except by an agreement in writing executed by the parties hereto.
10. Assignment. This Agreement is assignable by FENWC without the express written consent of
Aims.
11. Severability. If any provision of this Agreement or the application thereof to any person or
circumstance shall be invalid or unenforceable to any extent, it is the intention of the parties that
the remainder of this Agreement and the application of such provision to other persons or
circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted
by law.
12. Counterparts. This Agreement may be executed in one or more counterparts, each of which when
so executed shall be an original, but all of which together shall constitute one agreement.
13. Contacts. For the purpose of this MOU, the persons named below are designated the contacts of
the respective colleges. Any notice required under this Agreement shall be in writing and shall be
sent by certified mail, return receipt requested, postage pre -paid, to the persons listed below. The
parties may designate in writing a new or substitute representative:
Family Educational Network of Weld County
Dr. Janet Flaugher, Director
P.O. Box 1805
1555 No. 17th Avenue
Greeley, CO 80632
Tel: (970) 353-3800 ext. 3340
and
Aims Community College
Carol Fiol, Ph.D.
P.O. Box 69
Greeley, CO 80632
Tel: (970) 339-6650
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 FENWC and Aims.
Nothing contained in this Agreement shall give or allow any claim or right of action whatsoever by
any other third person. It is the express intention of FENWC and Aims that if any such person or
entity, other than FENWC or Aims, received services or benefits under this agreement that person shall
be deemed an incidental beneficiary only.
E. TERMINATION
Either party may terminate this Agreement or renewal thereof, with cause by giving (30) thirty days
advance written notice to the official address listed. Notice of Termination shall commence as of the
Attest:
WELD COUNTY CLERK TO
date of delivery by certified mail. Thirty days after receipt of the Notice of Termination this
Agreement shall become null and void except for the portion or portions of payment herein agreed
upon for which expenses have been necessarily incurred in the performance of this Agreement.
F. GOVERNING LAW.
This Agreement shall be governed by and construed in accordance with the laws of the State of
Colorado.
In Witness whereof, the parties hereto have executed this Agreement
Weld County Board of County
Commission
Aim Community (,ollege
William F. Garcia, Chairperson Dr. Marilynn Liddell, President
aa
By:
Deputy Clerk to the
ATTESTING TO BOARD OF COUNTY -'r
COMMISSIONER SIGNATURES ONLY
WELD COUNTY DEPARTMENT OF HUMAN SERVICES
/ .,
Judy X. Griego, Director
,
Of?`!' Zy `> e
Hello