HomeMy WebLinkAbout20082941.tiff RESOLUTION
RE: APPROVE PURCHASE OF SERVICE AGREEMENT AND AUTHORIZE CHAIR TO SIGN-
CENTENNIAL BOARD OF COOPERATIVE EDUCATIONAL SERVICE (BOCES)
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 Service Agreement 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 Centennial Board of Cooperative Educational Services (BOCES),
commencing November 30, 2008, and ending November 29, 2009, 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 Service Agreement 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 Centennial
Board of Cooperative Educational Services (BOCES) 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 5th day of November, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
„gilt,. WELD COUNTY, COLORADO
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ATTEST: r` {6w
-9 -,Nilliam H. Jerke, Chair
WelCounty Clerk to the Board ' ,/,‘"
ify EXCUSED
\ ,ILtt Laei (� f{rrvt i Robert as n, Pro-Tem
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Depgty Cle to the Board
J ' m F. Garcia
O D AS-'f-CIF M:
David E. Long
u Attorney
douglaiRademac er
Date of signature: D [(:
2008-2941
HR0079
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MEMORANDUM
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f DATE: November 3, 2008
WIlDTO: William H. Jerke, Chair, Board of County Co issioners�•FROM: Judy A. Griego, Director, Human Services De ment
COLORADO RE: Purchase of Service Agreement between the eld County
Department of Human Services' Family Educational Network
and Centennial Board of Cooperative Educational Services
Enclosed for Board approval is a Purchase of Service Agreement between the Weld County
Department of Human Services and Centennial Board of Cooperative Educational Services
(BOCES). This Agreement was presented at the Board's November 3, 2008, Work Session.
The major provisions of this Agreement are:
1. BOCES shall provide educational services for FENWC eligible students with disabilities.
2. BOCES will reimburse Family Educational Network of Weld County(FENWC) $100.00
per child with and active IEP and $240.00 per child for non-eligible Head Start children.
3. The term of this Agreement is from November 30, 2008 through November 29, 2009.
If you have questions, please give me a call at extension 6510.
2008-2941
PURCHASE OF SERVICE AGREEMENT
This Agreement made and entered into this ,5 T.� day of k,t,' �Y1�1EI . 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, 2008 and ending November 29, 2009.
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.
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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 not 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 CENTENNIAL BOARD OF COOPERATIVE
COUNTY COMMISSIONERS EDUCATIONAL SERVICES
William H. Jerke, Chairperson ariOtfa L. Sears, Director of Special Education 1:17)144/ATTEST: i I� Sn/ l //
WELD COUNTY CLERK � T Q�ARD ', -- �'� i Jp1 /o ����
Ja cCabe, Executive for
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Deputy Clerk tr he Boat Vii .-Vii, ,
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WELD COUNTY DEPARTMENT OF
HUMAN SERVICES
Ju riego, it ctor
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