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HomeMy WebLinkAbout20082214.tiff RESOLUTION RE: APPROVE SIX 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 six 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 providers listed below, commencing on the dates as listed on each agreement, with further terms and conditions being as stated in said agreements, and 1. Plan de Salud del Valle 2. Colorado West Regional Mental Health Center 3. St. Vrain Valley School District RE-1J 4. Weld County School District RE-1 (Early Childhood) 5. Weld County School District RE-1 (Breakfast/Lunch) 6. Olathe Medical Clinic 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 six 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 providers listed above, be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreements. 2008-2214 HR0079 CSC' , W-S l oL-CAA 4q-/0 O� RE: SIX 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 18th day of August, A.D., 2008, nunc pro tunc June 9, 2008. !, BOARD OF COUNTY COMMISSIONERS C 114a WELD COUNTY, COLORADO ATTEST: f141 4? '/ 61 i Ali, ,fiM r "i` William H. Jerke, Chair Weld County Clerk to th ' t W EXCUSED i ^ / / \ Robert D. Masten, Pro-Tem BY: n/ /ilk 2 Den y Cler P o the Board < 1/ i WilliaF. Garcia AP D O `i1 J, David E. Long _V � oun Attorney c� ,a `a Ytr ouglgla ademac Date of signature: 9/246% 2008-2214 HR0079 (Tr Memorandum Hic, Date: August 18, 2008 DII ' To: William H. Jerke, Chair, Board of County Commissioners COLORADO From: Judy A. Griego, Director, Hum S vice De anent RE: Purchase of Service Agreeme for th Weld unty Department of Human Servic Enclosed for Board approval are Purchase of Services Agreements between the Weld County Department of Human Services and Contractors listed below. These Agreements were reviewed at a Board Work Session on August 11 and 21, 2008. No. Contractor& Type of Service& Rate & Maximum Term Founding Source Contract Amount 1. Plan de Salud del Valle Dental Examination $75.00 Per Exam Aug. 20, 08—May 29, 09 Head Start Max. $8,750.00 2. Colorado West Regional Therapy & Counseling $60.00 Per Hour Mental Health Center Jun. 30, 08 —Dec. 31, 08 Head Start Max. $5,000.00 3. St. Vrain Valley School Breakfast, Lunch, and Milk $0.65 - $2.50 Per Day District RE-1J Per Child Aug. 25, 08—May 29, 09 USDA Max. Not Limited 4. Weld School District RE-1 Early Child Hood Program $3,231.50 Per Student Aug. 25, 08 —May 28, 09 Head Start Max. $132,491.50 5. Weld School District RE-1 Breakfast, Lunch, & Milk $0.75 - $2.75 Per Day Per Child Aug. 25, 08 —May 28, 09 Head Start Max. Not Limited 6. Olathe Medical Clinic Migrant Health Services $25.00 - $105.00 Per Service Unit Jun. 9, 08 —Oct. 31, 06 Head Start Max. $5,000.00 If you have any questions please give me a call at extension 6510. Filed BM 08 18 08 s-b2.DOC Page 1 of 1 No. Contractor& Type of Service & Rate & Maximum Term Founding Source Contract Amount 7. Olathe Medical Clinic Migrant Health Services $25.00 - $105.00 Per Service Unit Jun. 9, 08 — Oct. 31, 09 Head Start Max. $5,000.00 If you have any questions please give me a call at extension 6510. Filed BM 08 18 08 s-bI.DOC Page 2 of 2 0 ate >N, ✓/ir PURCHASE OF SERVICE AGREEMENT jt /4 THIS AGREEMENT, made and entered into this j8 day of August, 2008, by arrao 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, Head Start Program, hereinafter referred to as "FENWC" and Plan de Salud del Valle hereinafter referred to as "Health Center." WITNESSETH THAT FOR and in consideration of the covenants here in agreed to be kept and performed; the Health Center hereby agrees to provide to FENWC the following described services based upon the following terms and conditions: 1. The Health Center shall provide the dental services for the following Head Start Centers: Frederick, Hudson, Platteville and Gilcrest. The Hudson and children will receive services in Ft. Lupton and the Frederick, Platteville and Gilcrest children will receive the services in Frederick. Services and appropriate documentation will be completed by the end of the program year. 2. The Health Center shall provide prophylaxis therapy and application of topical fluoride for each Head Start child. The Health Center agrees to provide all restoration and/or extractions as deemed necessary on each referred child. 3. The Health Center will submit all bills to the below address: Family Educational Network of Weld County Head Start Program Attn: Health Specialist PO Box 1805 Greeley, CO 80632 4. FENWC agrees to reimburse the Health Center 75.00 per child for dental examinations and other dental services as needed, not to exceed $8,750.00 for a maximum of one hundred eighty (180) children. 5. 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 Health Center. Head Start is a payer of last resort. 6. For services not reimbursed by FENWC, the amount will be designated as In-Kind Contribution to the FENWC Program on behalf of the Health Center and will be documented on the bill. wVt%P aa/y , 7. The term of this Agreement is August 20, 2008 through May 29, 2009. 8. The Health Center assures that it carries adequate liability and malpractice insurance. 9. In Kind: Provision of the above outlined services at the designated costs represents an in kind contribution of$51,880.00 to the FENWC program in the services and amounts following; Dental, $51,880.00. 10. Assurances: a. The Health Center 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 Health Center, its employees, volunteers or agents while performing this Agreement. The Health Center, 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 Health Center 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 x, Board of Commissioners. g. The Health Center 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. 11.All modifications to this Agreement shall be in writing and signed by both parties. 12. 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 Plan de Salud del Valle COUNTY COMMISSIONERS Ay William H. Jerke, Chairperson AUG a!: Stanley Brasher, Executive Director kJLt/ l ATTEST: WELD COUNTY CLERK TO T r`\t % ' By: Deputy Clerk the Board WELD COUNTY DEPARTMENT OF HUMAN SERVICAS Judy riego, Director PURCHASE OF SERVICE AGREEMENT nat This Agreement made and entered into this J8 day of Ic 2008, 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 Migrant Seasonal Head Start Program, hereinafter referred to as "FENWC," and Colorado West Regional Mental Health Center, hereinafter referred to as "CWRMHC." WITNESSETH: WHEREAS, FENWC is required to provide therapeutic services for Migrant/Seasonal Head Start eligible children, in accordance with 45-CFR-1304, Migrant/Seasonal Head Start Performance Standards, and WHEREAS, FENWC wishes to provide consultation services to parents of Migrant Head Start eligible children, families, and staff, and WHEREAS, CWRMHC has the staff and facilities to provide such services, and WHEREAS, the parties wish to establish an on-going policy for the provision of services. NOW, THEREFORE, in accordance with the mutual benefits, responsibilities, and considerations set forth herein, the parties hereto covenant and agree as follows: 1. Engagement of CWRMHC. FENWC hereby retains CWRMHC and CWRMHC hereby accepts engagement by FENWC upon the terms and conditions hereinafter set forth. 2. Term. Subject to provisions contained herein, the term of the Agreement shall commence on June 30, 2008 through December 31, 2008. This Agreement shall be subject to review and renewal by the parties annually. 3. Nature of Agreement. During the term of the Agreement, CWRMHC agrees to make its services available to FENWC. The average number of service hours per week will be five (5) as mutually agreed to by FENWC and CWRMHC. 4. Scope of Work. CWRMHC will provide the following mental health services to • FENWC Head Start and Migrant/Seasonal Head Start eligible families, children, and staff: ➢ Assist in planning and administering bilingual/multi-cultural mental health program activities and services. ➢ Train Migrant/Seasonal Head Start Staff when requested by FENWC. ➢ Observe children and consult with teacher and other staff. ➢ Assist in providing special help for children with atypical behavior or development. ➢ Orient parents and work with them to achieve the objectives of the mental health program. Provide group and individual therapy, as appropriate. ➢ Take appropriate steps in conjunction with health and education services to refer children for diagnostic examination to confirm that their emotional or behavioral problems do not have a physical basis. ➢ Provide mental health related services to FENWC staff. The scope of such services shall be guided by FENWC. CWRMHC services shall be provided to those children and families referred by FENWC. CWRMHC shall provide FENWC with written reports summarizing said services, which shall fulfill the legal requirements of the parties hereto. Such reports shall be maintained by FENWC. 5. Scheduling of Engagements. CWRMHC shall schedule services so as to be rendered during hours meeting the needs of FENWC and its clients. CWRMHC shall provide the Grand Junction center within FENWC with forty-eight (48) hours prior notice of all scheduled services. All engagements shall be scheduled at mutually agreeable times and dates. 6. Equipment and Supplies. It is agreed that all equipment and supplies will be maintained by each agency as necessary in the scope of regular business. FENWC will share with CWRMHC equipment or supplies owned by FENWC as are reasonably necessary in order for CWRMHC to perform its obligations under the Agreement. Notwithstanding the foregoing, CWRMHC shall supply small portable equipment as is usual for such services. 7. Nature of Relationship. The relationship between FENWC and CWRMHC 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 as contracted to receive services only and is interested in the results of CWRMHC's efforts. CWRMHC shall be solely and entirely responsible for its own acts and omissions during the performance of this Agreement. 8. CWRMHC Representatives. In connection with the CWRMHC services provided hereunder, FENWC will interact administratively with such individual as CWRMHC may designate. The CWRMHC Program Director shall assign a therapist who is registered with the Colorado Department of Regulatory Agencies, or is clinically supervised by an individual who is so registered, to provide services pursuant to this Agreement. By registration, it is understood that the CWRMHC therapist or his/her supervisor shall be a graduate of an accredited mental health curriculum and in good standing with his/her accrediting organization. 9. Billing Information. Immediately following the provision of services, CWRMHC shall provide to FENWC on a form that is acceptable to both parties, specific billing and utilization information for the services rendered. CWRMHC shall make available to FENWC all financial records relating to CWRMHC's services at the request of FENWC. CWRMHC shall submit to FENWC, an aggregate statement listing all charges on a monthly basis. 10. Fees. CWRMHC shall charge FENWC for services performed on an hourly basis. Services for consultation with FENWC staff, counseling services with non-medicaid eligible families, and/or individual children and FENWC staff shall be calculated at the rate of $60.00 per hour, not to exceed a total cost per year of $5,000.00. Services for medications needed for mental health issues shall be calculated and billed between $20.00 and $150.00 for complete assessment. Preparation of evaluation reports, preparation and attendance at staffing and all other consulting services is included in the aforementioned fee schedule of$60.00 per hour. Under no circumstances may the fee schedule be modified without the express prior written authorization of the parties hereto. 11. In-Kind Contributions Provision of the above outlined services at the designated costs represents an in-kind contribution of$ 60.00 per billed hour to the FENWC program in the services provided by CWRMHC 12. Compensation. In consideration of the rehabilitation services provided by CWRMHC, FENWC shall pay CWRMHC within thirty (30) days from receipt of CWRMHC's aggregate monthly statement. 13. Confidentiality. CWRMHC 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. 14. Indemnification. CWRMHC shall indemnify, 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 CWRMHC or any of its employees, agents or representatives in the furnishing of CWRMHC services or supplies, or arising out of or resulting from the negligent, fraudulent, dishonest or other acts or omissions of CWRMHC or its employees, agents or representatives in its performance under the terms of this Agreement. Likewise, FENWC, the Weld County Board of County Commissioners, its officers shall indemnify, defend and hold harmless CWRMHC 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. 15. Representations. CWRMHC 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. 16. Employment Covenant It is agreed and understood by both parties that neither CWRMHC 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. 17. Liability Insurance. CWRMHC will carry at its own expense professional liability insurance coverage in the amounts equal to at least $1,000,000 annual in aggregate. 18. Termination. Either CWRMHC or FENWC may terminate the independent contractor relationship established by this Agreement with or without cause, by giving thirty (30) days written notice to the other party. 19. 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. 20. 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. 21. Notices. Any notice required to be given under this Agreement shall be in writing and shall be sent by certified mail, return receipt requested, postage pre-paid, to CWRMHC at: Colorado West Regional Mental Health Center 515 28 % Road Grand Junction, CO 81501 ATTN: Sharon Raggio — Exec. Director Remittance will be sent to Janis Norris at same address. And to FENWC at: Weld County Department of Human Services Family Educational Network of Weld County 1555 N. 17th Ave. PO Box 1805 Greeley, CO 80632 ATTN: Sharon Benson 22. Assignment. This Agreement is not assignable by FENWC without the express written consent of CWRMHC. 23. 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. 24. Captions. The captions contained in this Agreement are for convenience or reference for the parties and are not intended in any manner whatsoever to construe, define or limit the scope or intent of this Agreement or any provisions hereof. 25. 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. 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 County Colorado West Regional Mental Health Commissioners Center William H. Je ke, Chairperson AUG ; 108 Sharon Raggio, LPC, LMFT, MBA ! . ;c fJ p, Executive Director— CWRMHC 5' Attest: „ \� 18 4 � f� . rv+� M , Weld County Clerk to the c�, a� _ Deputy Clerk t• the Board ATTESTING TO BOARD OF COUNTY COMMISSIONER SIGNATURES ONLY Weld Co pin bf Human Services LLCC Judy Grie o, D ctor f r R ?m3OI / n PURCHASE OF SERVICES THIS AGREEMENT, made and entered into this in day of S` 2008, 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 hereinafter referred to as "FENWC" and St. Vrain Valley School District RE-1J, 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 lunches and milk for approximately fifty(50)children at a cost of two dollars and fifty cents ($2.50) per child, Tuesday through Friday, and breakfast for approximately thirty-five (35) children at one dollar and thirty-five cents ($1.35), and snack for approximately thirty-five (35) children at a rate of sixty-five ($.65) cents. Lunch will include 1/2 cup fruit and 1/2 cup vegetable to equal one (1)cup. Should a"plate waste study" conducted by FENWC determine that an adjustment in portion is in order,fruit and vegetable will be reduced to 1/3 cup each to equal 2/3 cup. Such reduction will carry a$.15 reduction in cost for lunch. The School District will provide breakfast, lunches(including milk)and snacks on Mondays for approximately twenty(20) Full Day-Full Year children and approximately three(3)adults at the costs listed above for the FENWC classroom. The School District will provide lunches and milk at a cost of two dollars and seventy cents ($2.70) per adult, breakfast and snack per adult are the same cost as for children. 2. 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 10:30 a.m. - 11:15 a.m. FENWC shall notify the School District the day before any holiday or vacation that meals will not be needed for those specified days. Breakfasts are picked up at 8:00 a.m. 3. 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 f c9c ) J. 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. 4. 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 as described in item #1 above. 5. 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. 6. The School District agrees to provide meals and snacks according to the USDA Food Program Regulations 7 CFR 226.20(as administered by the Colorado Department of Public Health and Environment, Child and Adult Care Food Program [CDPHE-CACFP]) and the CDPHE-CACFP Center Manual and the Creditable Food Guide. a. The School District agrees to maintain and provide records as stated in the Food Service Management Contract(see attachment) as required by CDPHE-CACFP. b. The School District agrees to provide FENWC with copies of menu one month in advance so that the FENWC dietitian can review the menu. 7. 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). 8. FENWC will maintain a daily record of the number of meals served by type. 9. The term of this Agreement shall be from August 25, 2008 through May 29, 2009. 10. This Agreement may be amended at any time with the written mutual consent of both parties. 11. 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 or Colorado Preschool Program funding is stopped. 12. In Kind: Provision of the above outlined services at the designated costs represents an in kind contribution of$ 0 to the FENWC program in the services and amounts following; 0 , $_0 0 , $ 0 ; and 0 $ 0 13. 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 of 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 of indirect in the approved Agreement of 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 Department of Human Services 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 Acts 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 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 of 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. g. No portion of this Agreement shall deemed to created an obligation on the part of the County of Weld, State of Colorado, to expend funds not otherwise appropriated in each succeeding year. 14. 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 ST.VRAIN VALLEY SCHOOL DISTRICT RE-1J COMMISSIONERS William H. Jerke, ChairpersonAUG 1 8 2008 Shelly Allen utrition Services Director ilda 414/1/ ATTEST: WELD COUNTY CLER TO THE BOARD WA By: Deputy Cler to the Board WELD COUNTY DEPARTMENT OF HUMAN SERVICES Judy Grie o, Director ADD 3'-aa/i • PURCHASE OF SERVICES AGREEMENT THIS AGREEMENT, made and entered into this 1st day of July 2008,4y and 3 between the County of Weld, State of Colorado, by and through the Board of Count ) 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: -o 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 25, 2008 through May 28, 2009. 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. aeaA/it 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. f. 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. I. 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 2008 preschool student unit for School District RE-I, 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 2008 preschool student funding unit for the period August 25, 2007 through May 28, 2008 is $3,231.50. The maximum to be reimbursed to FENWC is $132,491.50 ($3,231.50 x 41 =$132,491.50) 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 $14,721.28 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 DISTRICT RE-1 1p _1, ,iart4ze William H. Jerke, Chairperson AUG 1 8 2008 Dr. Jo Ba ie, Superintendent gall ATTEST: WELD COUNTY DIVISION OF WELD COUNTY CLE T► LC too �' D HUMAN SERVICES Iasi �� f'C r / By: I�./J//L/ ��11•_`� .,y /. Deputy Cle 'to the Bow A. Gri go, Dire or • PURCHASE OF SERVICES THIS AGREEMENT, made and entered into this 1st day of July 2008, 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. O2Qi1)--O?OQ 171,' j 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 25, 2008 through May 28, 2009. 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 H. Jerke, Chairperson Dr. Jo Barbit) AUG 1 8 2008 Superintendent of Schools ATTEST: Rs WELD COUNTY C ' yu T'NAr' O D WELD COUNTY DIVISION OF py� HUMAN SERVICES p n 6 Ju . Grie o, Dire r AameL7 By: Deputy erk to the Board Z58- as/'/ PURCHASE OF SERVICES AGREEMENT afr THIS AGREEMENT, made and entered into this /8 day of , 2008 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 hereinafter referred to as "FENWC" and the Montrose Memorial Hospital, Olathe d.b.a., Olathe Medical Clinic hereinafter referred to as "Health Center." WITNESSETH WHEREAS, FENWC is required to provide medical/dental services according to the Head Start Performance Standards 45CFR 1304-1, 3,4, & 5. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: 1. The Health Center shall provide the health services for the Migrant Head Start Centers located at 290 Hap Court, Olathe. Services and appropriate documentation will be complete by the end of the program year. a. The Health Center will schedule appointments for referred children, for preventive health care, i.e., physical examinations and immunizations. b. The Health Center will see ill children at the clinic, as needed and assess children who may be in need of medical services. c. FENWC will provide transportation for children and families to make appointments as necessary. 2. The Health Center agrees to provide physical examinations including, hematocrit, blood pressure, hearing, vision, and height and weight necessary for any Migrant Head Start child. 3. FENWC agrees to reimburse the Health Center at the rate of$25.00 per child for health services (sick child visits). Physical examinations for $90 per child 0-1, $100 per child I- 4 and $105 per child 5-11. Immunizations will be reimbursed at the current going rate. All health services are not to exceed $5,000.00. Children must have a written referral to receive services above and beyond Physical Examinations and routine care. Prescriptions will not be covered in the above-cited rate. 4. FENWC will not be charged for those children covered by Medicaid, CHP+ or private insurance. Medicaid numbers shall be provided at the time of the appointment and the Health Center shall send the billing to the appropriate agency. Children who are receiving Farm worker's insurance, FENWC will only cover the co-pay. O,2D8- 62O7/1 5. The Health Center will submit itemized bills according to child and service to: Family Educational Network of Weld County Migrant Head Start Program Attn: Health Specialist PO Box 1805 Greeley, CO 80632 6. This Agreement may be modified upon the written consent of both parties. 7. Services provided by the Health Center that are not reimbursed by FENWC will be designated as a non-federal match/in-Kind contribution to the FENWC Program on behalf of the Health Center. Non-Federal Match/In-Kind Contributions must be submitted with the bills. 8. The Health Center and FENWC mutually agree that either party may cancel this Agreement after a thirty (30) day written notice. This Agreement will be terminated immediately in the event funding for the Head Start Program is stopped. 9. The term of this Agreement is from June 9, 2008 through October 31, 2008. 10. The Health Center assures that it carries adequate liability and malpractice insurance. 11. In Kind: Provision of the above outlined services at the designated costs represents an in kind contribution of to the FENWC program in the services and amounts following; Physical Exam 0-1 years of age, $85 per physical; Physical Exam 1-4 years of age, $85 per physical; and Physical Exam 5-11 years of age, $80 per physical.. 12. Assurances: a. The Health Center 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 the Health Center, its employees, volunteers, or agents while performing this Agreement. The Health Center, its officers and employees, shall not be held liable for injuries or damages caused by any negligent acts or omissions of FENWC, its employees, volunteers, or agents while performing functions as described in this Agreement. The Health Center 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 2 J + 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. The Health Center understands that the Weld County Division of Human Resources shall conduct monitoring and evaluation of the performance of this Agreement and the results provided to the Weld County Board of Commissioners. e. The Health Center 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. 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 OLATHE MEDICAL CLINIC COUNTY COMMISSIONERS dLh. C-61/ William H. Jerke, Chairperson AUG 1 8 2008 414 -i/ r 240 0 aMontroorial Hospital ATTEST: tcr k / By: laT1, le` Deputy Clerk the Board ��► WELD COUNTY DIVISION OF HUMAN SERVICES Judy riego, Director Ait 3 0?t s7 as/5 Hello