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Home My WebLink About20073293.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 October 15, 2007, and ending October 14, 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 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 22nd day of October, A.D., 2007, nunc pro tunc October 15, 2007. BOARD OF COUNTY COMMISSIONERS , q /1 / • WEL COUNTY, COLORADO ATTEST: 6 :17✓�*A4 - N tit F S avid E. Long, Chair Weld County Clerk to the v %� William BY: LIe B J r o-Tem ��'� — De y Cl to t e Boar William F Garcia APP AS ''^^�� Robert D. Masden .I u torney bL, __ ougla Rademac er Date of signature: II WV? 2007-3293 flS_� 6 �t HR0078 itp SJ // - 07 -07 MEMORANDUM oio& t' 6 DATE: October 4, 2007 ' TO: Board of County Commissioners (tit jjI J , W�`p O FROM: Walt Speckman, Executive Director• / COLORADO SUBJECT: Purchase of Services Agreement between FENWC and Centennial Board of Cooperative Educational Services Presented for approval before the Weld County Board of County Commissioners is a Purchase of Services Agreement between FENWC and Centennial Board of Cooperative Educational Services, hereinafter referred to as "BOCES." BOCES and FENWC wish to enter into an agreement for the year 2007-2008 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; BOCES will provide FENWC with a yearly payment of$100.00 per child with an active IEP, based on the December 1 child count; which will be used by FENWC to purchase materials to enhance the developmental/educational skills of students with special needs. BOCES will provide the following services to FENWC: In-service Training to FENWC. Itinerant special education and related services to children with disabilities. Consultation services from the Early Childhood Coordinator. Document hourly rates ($40.00 per hour) for in-kind purposes. Provide a paraprofessional/classroom aide for any child who's IEP indicates a need for adult supervision at all times. FENWC will be part of the IEP team decision-making process. Reimburse FENWC for non-eligible Head Start children at a rate of$240.00 per child. The term of the Agreement between FENWC and BOCES shall be for the period beginning October 15, 2007 and ending October 14, 2008. If you have any questions please contact Janet Flaugher, Director, @ 353-3800, ext. 3340. f-1 . , Z Z •o V 81 FA li uL S` 1S3 Ai sfcOJ 013:A 2007-3293 PURCHASE OF SERVICE AGREEMENT This Agreement made and entered into this lit day of Q11inl�( , 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 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 October 15, 2007 and ending October 14, 2008. 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. ace?-3493 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. 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 at all times. FENWC will be a part of the IEP team decision-making process. FENWC Mental Health/Disability Specialist will be notified of all initial 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 BOLES, 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. .< ti 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 C Ot3, TY COMMISSIONERS EDUCATIONAL SE David E. Long, Chairpers M ietta L. S rs, 'rector of Special Education l! ; C ,OCTP 12 2007 ATTEST: OvTR.Siy /"r'b ..� 0„,,,„ ,Y �C2.2f �( WELD COUNTY CLERK TO TF{E,BCYARD '; , — ! `r"-C_ -4 � 1 ‘ ,7 , , ac. McCabe, Executive Director By: Van v,.P,7,..,tc, ,- De Clerk the Board ;e : WELD COUNTY DIVISION OF HUMAN SERVICES W J. peckman, Executive Director doo 2- 3,793 Hello