HomeMy WebLinkAbout20073185.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR PROVISION OF SERVICES AND AUTHORIZE CHAIR TO
SIGN -WELD COUNTY SCHOOL DISTRICT RE-3J
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 an Agreement for Provision of Services
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 Weld County School District RE-3J, commencing
September 1, 2007, and ending May 30, 2008, 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 Agreement for Provision of Services 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 Weld County
School District RE-3J 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 10th day of October , A.D., 2007, nunc pro tunc September 1, 2007.
,, BOARD OF COUNTY COMMISSIONERS
-`+, ' , l•Z W COUNTY, COLORA O
it
ATTEST: , , ,
. '�'!=/ ,. t _ } ''s,
vid E. Long, Chair
Weld County Clerk to the iCtes
®� 1 ��L
/OM William J e, Pro-Tem
BY: cO
\the Boa /
William F. Garcia
9PPROV D 4.TD FORM: EXCUSED
Robert D. Masden
ounty Attorney EXCUSED
I Douglas Rademacher
Date of signature: 1 O/31107
2007-3185
(k ' : t/SC19uS) N-O07 8O7
MEMORANDUM
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DATE: September 27, 2007
TO: Board of County CommissionersI�II
P�• �,
FROM: Walt Speckman, Executive Director 14
COLORADO SUBJECT: Purchase of Services Agreement between FENWC and
School District RE-3J
Presented for approval before the Weld County Board of County Commissioners is a Purchase
of Services Agreement between FEWNC and School District RE-3J.
School District RE-3J will provide early childhood Special Education Services (CFR part
1304.20(b)(1), for Head Start students identified as in need of services. The initial screening
process on eligible preschool children shall be conducted by the District within the time period
required by Head Start Performance Standards, to include vision and hearing.
The term of this Agreement is from September 1, 2007 through May 30, 2008.
If you have any questions please contact Janet Flaugher, Director, @ 353-3800, ext. 3340.
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2007-3185
AGREEMENT FOR PROVISION OF SERVICES
THIS AGREEMENT, made and entered into this /1 day of June 2007, by and
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Weld County Division of Human Services'
Family Educational Network of Weld County, hereinafter referred to as "FENWC", and
Weld County School District RE-3J, hereinafter referred to as "School District RE-3J.
WITNESSETH:
WHEREAS, School District RE-3J provides public education to the students of the
Weld County District RE-3J, and
WHEREAS, School District RE-3J wishes to continue its services on behalf of
children who are preschool age and eligible under the Head Start Act, and
WHEREAS, FENWC receives funding and authority for the Head Start Program, to
provide comprehensive quality education to eligible preschool age children, and
WHEREAS, School District RE-3J has expressed a desire to maintain a Head Start
early childhood program so that eligible children may receive a quality preschool
experience and be better prepared for entry into kindergarten.
NOW, THEREFORE, is consideration of the premises, the parties hereto covenant
and agree as follows:
1. Term of Agreement:
The term of this Agreement is from September 1, 2007, through May 30, 2008.
2. Geographic Areas to be Served:
Early Childhood Education services shall be provided to eligible children who are
enrolled in School District RE-3J.
3. School District RE-3J Responsibilities:
a. Follow the Head Start Performance Standards regarding services for children
with disabilities, as defined in the Head Start Performance Standards, CFR parts
1304.20, 1304.21, 1304.22, 1304.23, 1304.24, and 1308 Services for Children
with Disabilities.
b. Provide early childhood Special Education Services for Head Start students
identified as in need of services. The Head Start Mental Health/Disabilities
Specialist will be the FENWC contact for the Child Find process. Teachers and
teacher assistants will participate in the IEP process and implementation as
appropriate. The referral process will proceed as defined in the Head Start
Performance Standards, specifically CFR part 1304.20(b)(1). The initial
screening process on eligible preschool children shall be conducted by the
a7-3/c:
District, within the time period required by Head Start Performance Standards, to
include vision and hearing screening
c. In concert with FENWC, coordinate efforts among School District RE-3J, staff,
FENWC staff, and parents to maximize the opportunities for a successful
transition of students and parents into the public school system.
d. Provide transportation services for transportation-eligible Head Start children.
Children must meet Re-3j transportation guidelines in order to receive
transportation services.
4. FENWC Responsibilities:
a. Provide liability insurance for the Head Start children.
b. Provide an early intervention program for preschool age children in need of
language development, to help ensure future academic success.
c. 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.
d. 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.
d. Maintain the current waiver from the Federal Department of Health and
Human Services exempting FENWC transportation providers from meeting
the Federal vehicle, seat restraint and bus monitor requirements.
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-3J.
7. Applicable Law:
School District RE-3J agrees to follow policies and procedures of the Head Start
Performance Standards— CFR 1304 & 1308, as construed in accordance with the
Head Start Act of 1998.
8. Assurances:
a. School District RE-3J, 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-3J, its employees,
volunteers, or agents while performing this Agreement. School District RE-
3J, 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-3J, 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. School District RE-3J understands that monitoring and evaluation of the
performance of this Agreement shall be conducted by FENWC.
e. School District RE-3J, 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 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 herein above set forth.
WELD COUNTY BOARD OF COUNTY WELD COUNTY SCHOOL
COMMISSIONERS DISTRICT RE-3J
1
David E. Long, Chairpers n hool Board Chairperson
OCT 1 0 2007
Dr. Marvin Wade, Superintendent
AdeWa..,1,1,
ATTEST: E La
WELD COUNTY CLERK TO TH O r .`;
By: w 1 b1 C C , 0i tZife 'A ft
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De ty CI to the Bo rte'
WELD COUNTY DIVISION OF
HSeckman,
VICES
Executive Director
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