HomeMy WebLinkAbout20092864.tiffRESOLUTION
RE: APPROVE TWO PURCHASE OF SERVICE AGREEMENTS WITH VARIOUS PROVIDERS
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 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, and the following
providers, with further terms and conditions being as stated in said agreements, and
1. Board of Cooperative Education Services (BOCES) (November 30, 2009,
through November 29, 2010)
2. Dr. Mike Jones, D.D.S./Toothzone (August 28, 2009, through June 3, 2010)
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, and the above listed providers be, and hereby are,
approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreements.
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2009-2864
HR0080
////47,07
RE: TWO PURCHASE OF SERVICE AGREEMENTS WITH VARIOUS PROVIDERS
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 28th day of October, A.D., 2009, nunc pro tunc August 28, 2009,
respectively.
ATTEST:
Weld County Clerk t
BY
Deputy Clerk to the
APPRO.VE?D AWTOfJ3A2
my Attorney
Date of signature 11/9/C?
BOARD OF COUNTY COMMISSIONERS
WEL1OUN�'; COLORADO
C
William F. Garcia, Chair
DouglasiRademac er, Pro-Tem
C
e PI Conway
� ,Crrr.
Barbara Kirkmeyer
David E. Long
2009-2864
H R0080
MEMORANDUM
DATE: October 26.2009
TO: William F. Garcia, Chair, Board of County Commissioners
/1
Q FROM:• Judy A. Griego, Director, Human Services Der �e `L.. •
'
COLORADO RE:
Various Services Agreements between the Weld County
Department of Human Services' Family Educational Network and
Various Providers
Enclosed for Board approval arc Various Services Agreements between the Department's Family Educational
Network and Various Providers. These Agreements were presented at the Board's October 26. 2009. Work
Session.
The major provisions of these Agreements are as follows:
No.
Provider/Term
Program Area
Rates
I
Board of Cooperative
Educational Services (BOCES)
11/30/09 - 11/29/10
Educational Services for
FENWC Eligible Children
with Disabilities
$100 per year per
child with an active
IEP
$240 per child for
non -eligible Head
Start children
2
Dr. Mike Jones, D.D.S.
Toothzone
08/28/09 - 06/03/10
Dental Services
$5.00 per child per
screening/examination
for Head Start eligible
children
3
Weld County School District 6
09/25/09 — 06/03/10
Meal Services (breakfast,
lunch including milk, and
snacks) for approximately
460 children and
approximately 45 adults
$1.45 per person for
breakfast
$2.80 per person for
lunch
$.95 per person for
Snack
4
Weld County School District RE -3J
09/01/09 — 05/30/10
Educational Services - Early
Childhood Special Education
Services for Head Start
Eligible Children
Meal Services (breakfast,
lunch including milk, and
snacks) for approximately 45
children and approximately
10 adults
$1.75 per child for
breakfast
$2.40 per child for
lunch
$1.00 per child for
snack
$2.00 per adult for
breakfast
$3.00 per adult for
lunch
$1.00 per adult for
Snack
2009-2864
5
The Greeley Gopher
Courier Services — Provide
meal delivery services to
$1,475 per week
09/25/09 — 06/03/10
Hcad Start Centers (Plaza del
Max. $19,175 plus
Milagro)
Fuel surcharge for 13
weeks
6
University of Northern
Hearing Screenings and
$61 per Hour for
Colorado College of Natural
Audiology Services for Both
Screening Services
and Health Sciences
Regional and Migrant and
$75 per Audiometric
Seasonal Head Start Programs
Evaluation
11/01/09 - 10/31/10
Max. $8,000 for
Regional Head Start
Max. $4,000 for
Migrant and Seasonal
Head Start Program
If you have any questions, give me a call at extension 6510.
PURCHASE OF SERVICE AGREEMENT
nat
This Agreement made and entered into this day of&t 6Pr , 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 Department of Human Services' Family Educational Network of Weld County
Regional Head Start and Migrant and Seasonal Head Start, hereinafter referred to as "FENWC," and
Centennial Board of Cooperative Educational Services, hereinafter referred to as "BOCES."
WHEREAS, BOCES is required by IDEA (IDEIA 2004) (34 C.R.F. Part 300), Colorado Rules for the
Administration of the Exceptional Children's Education Act. to provide appropriate services to preschool
student with disabilities; and
WHEREAS, FENWC is required to provide educational services for FENWC eligible children with
disabilities, in accordance with 45-CFR-1304 and 1308, Head Start Performance Standards; and with
IDEA (IDEIA 2004) (34 C.R.F. Part 300), Colorado Rules for the Administration of the Exceptional
Children's Education Act: and
WHEREAS, BOCES and FENWC wish to enter into an agreement in order to accomplish the following:
Enhancing preschool learning opportunities;
Facilitating successful transition of preschool age children into the member
districts in BOCES;
Promoting parental involvement in all levels of programming;
Promoting educational success for students;
NOW THEREFORE, in consideration of their promises, the parties hereto covenant and agree as follows:
Term: The term of the Agreement between FENWC and BOCES shall be for the period beginning
November 30, 2009 and ending November 29, 2010.
Geographic Area to be Served: FENWC services shall be provided to FENWC eligible children with
disabilities served in BOCES member school districts.
FENWC Responsibilities:
FENWC will provide an appropriate program, as decided by a staffing team of which
BOCES personnel and the appropriate FENWC personnel will be a part, to FENWC
eligible children with disabilities and developmental delays with whom it contracts to
provide services throughout the year.
FENWC will provide ongoing training to its staff regarding the acquisition of needed skills
to serve this population of students.
FENWC will provide adequate materials for staff and parents to enable them to
implement teaching activities in the classroom and in the home.
FENWC will provide attendance records for students who are receiving special education
services.
FENWC will purchase slots from Teaching Strategies for on -going monitoring of the
progress of children enrolled in our program in a school district serviced by BOCES.
FENWC will provide 'Factual Observations' in their Creative Curriculum observations.
Joint Responsibilities:
A staffing team composed of parents, FENWC, and the appropriate BOCES personnel will agree
upon developmental objectives/outcomes.
FENWC and BOCES will coordinate joint trainings for staff from both agencies. These trainings
will include for example: 'Factual Observations', Recognition of a Developmental Delay, Federal
Regulations, and other topics as needed.
FENWC and BOCES staff will determine how Extended School Year (ESY) services will be
provided to FENWC eligible/enrolled children as determined in need of said services.
BOCES Responsibilities:
BOCES will provide FENWC with a yearly payment of $100.00 per child, with an active IEP based
on the December 1 child count. This money will be used by FENWC to purchase materials that
enhance the developmental/educational skills of students with special needs and CCNet Slots
from Teaching Strategies for on -going monitoring of children's progress.
Appropriate BOCES staff will be eligible to attend FENWC in-service as mutually agreed upon.
BOCES will provide in-service to FENWC personnel when requested and at a mutually agreeable
time.
BOCES will provide itinerant special education and related services to children with disabilities in
FENWC according to their IEP.
BOCES Early Childhood Coordinator will provide consultation services.
BOCES will document hourly rates ($40.00 per hour) for in -kind purposes. BOCES staff will sign
in when entering any FENWC classroom and provide regular therapy notes and updates to the
FENWC center staff.
BOCES will provide a paraprofessional/classroom aide for any child whose IEP indicates a need
for adult supervision. FENWC will be a part of the IEP team decision -making process. FENWC
Mental Health/Disability Specialist will be notified of all initial, transition, and annual review
IFSP/IEP meetings and staffing with FENWC enrolled children.
BOCES will reimburse FENWC for non -eligible Head Start children at a rate of $240.00 per child.
Transition Planning:
In an effort to provide for a smooth transition from the preschool setting to a public school setting the
following will occur:
Transition plans will be developed jointly at an IEP meeting or Annual Review, which takes place
prior to the transition meeting when the student exits from FENWC to the public school setting.
FENWC will notify BOCES of children who are receiving services and transitioning from the
Migrant and Seasonal Head Start program.
Information to parents regarding the differences in service delivery will be provided jointly during
the Transition Staffing of the child from FENWC to the public school setting.
Placement alternatives for students will be generated by the needs of the students as indicated
on their current IEP and as presented and discussed jointly at the Transition Meeting, with neither
FEWNC not school personnel predisposing parents to choices that have not been jointly
discussed as possible alternatives.
Prior to a student entering the elementary setting, the receiving team from the elementary and the
sending team from FENWC will meet to collaborate on the student's specific needs and
programming issues of the student.
Modification of Agreement:
All modifications to this Agreement shall be in writing and signed by both parties.
Assignment:
This Agreement shall be binding upon the parties hereto, their successors, heirs, legal representatives,
and assigns. FENWC may assign any of its rights or obligations hereunder without the prior written
consent of BOCES.
Applicable Law:
FENWC agrees to follow policies and procedures of BOCES, as construed in accordance with the
Colorado School Finance Act of 1988. House Bill 1341, regulations and other applicable laws and
regulations.
Assurances:
a. BOCES 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 its employees,
volunteers, or agents while performing this Agreement. BOCES, 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. BOCES shall provide adequate liability and worker's compensation insurance for all
of its employees, volunteers 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 workers' 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 any pecuniary interest, direct or indirect, in the approved Agreement or the
proceeds thereof.
d. FENWC and BOCES understand that monitoring and evaluation of the performance of
this Agreement shall be mutually conducted.
e. BOCES, 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 immunity 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.
Termination:
This Agreement may be terminated at any time by either party giving thirty (30) days written notice and is
subject to the availability of funding.
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 Section 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 herein above set forth.
WELD COUNTY BOARD OF
COUNTYOhltlIIlISSIONERS
William F. Garcia, Chairperson
ATTEST:
WELD COUNTY CLERK T
By
De:uty Clerk
0CT 2 n 20O9 Becky Minnis
WELD COUNTY DEPARTMENT OF
HUMAN SERVICES
CENTENNIAL BOARD OF COOPERATIVE
EDUCATIONAL SERV_I.CES
avna
.rector of Special Education
yre
C&
Jack MgCsz(be, Executive Director
&cc9-?S& q
PURCHASE OF SERVICE AGREEMENT
THIS AGREEMENT, made and entered into this day of August, 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 Department Human
Services' Family Educational Network of Weld County, Head Start Program, hereinafter
referred to as "FENWC" and Dr. Mike Jones, D.D.S., Tooth Zone hereinafter referred to as
"Dentist."
WITNESSETH
THAT FOR and in consideration of the covenants here in agreed to be kept and
performed, the Dentist hereby agrees to provide to FENWC the following described
services based upon the following terms and conditions:
1. FENWC agrees to reimburse the Dentist $5.00 per child per screening/examination
for Head Start eligible children. The Dentist shall provide prophylaxis therapy and
application of topical fluoride for each Head Start child. Other dental services will be
reimbursed according to the Medicaid fee schedule. All bills submitted will be
itemized according to child and service to:
Family Educational Network of Weld County
Regional Head Start Program
attn: Health Specialist
PO Box 1805
Greeley, CO 80632
2. FENWC will not be charged for those children covered by Medicaid or private
insurance. Medicaid numbers shall be provided at the time of the appointment and
billing will be sent to the appropriate agency by the Dentist. Head Start is a payer of
last resort.
3. For services not reimbursed by FENWC, the amount will be designated as In -Kind
Contribution to the FENWC Program on behalf of the Dentist and will be
documented on the bill.
4. The term of this Agreement is August 28, 2009 through June 3, 2010.
5. The Dentist assures that it carries adequate liability and malpractice insurance.
6. The dentist agrees to provide documentation of background checks of the dental
providers working with the FENWC Head Start Program.
7. In Kind:
Provision of the above outlined services at the designated costs represents an in
kind contribution of $60,770.00 to the FENWC program in the services and
amounts following; Dental, $ 60,770.00.
8. Assurances:
a. The Dentist agrees that he is an independent contractor and that his 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 the Dentist, its employees, volunteers or
agents while performing this Agreement. The Dentist, its officers and
employees, shall not be held liable for injuries or damages caused by any
negligent acts or omissions of FENWC, the Weld County Board of
Commissioners, its officers and employees. The respective contracting
parties shall provide such liability insurance and worker's compensation
coverage as each deems appropriate, and as required by the Colorado
Worker's Compensation Act.
c. 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 party to this Agreement.
d. 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
appropriate in each succeeding year.
e. 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.
f. The Dentist understands that monitoring and evaluation of the performance
of this Agreement shall be conducted by the Weld County Department of
Human Services and the results provided to the Weld County Board of
Commissioners.
g•
The Dentist 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.
tEP-24-2009 THU 02:49 PM Weld County HS Dept
FAX NO, 9703046453 P, 02
9. All modifications to this Agreement shall be in writing and signed by both parties.
10. This Agreement may be terminated by either party giving a thirty (30) days written
notice to the other party. If funding to FENWC should cease, this Agreement will
terminate immediately. If FENWC funding should be reduced, this Agreement will
be renegotiated immediately to reflect funding changes.
IN WITNESS WHEREOF, of the parties above hereunto placed their hands as of
the date first written above.
WELD COUNTY BOARD OF DENTIST
COUNTY CO ISSIONERS
„)--\ M1,c > Jas
William F. Garcia, Chairperson , Dr. Mike Jones
2 @ 2009
ATTEST:
WELD COUNTY CLERK
Deputy Clerk - : the Board
WELD COUNTY DEPARTMENT OF
HUMAN SERVICES
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