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Address Info: 1150 O Street, P.O. Box 758, Greeley, CO 80632 | Phone:
(970) 400-4225
| Fax: (970) 336-7233 | Email:
egesick@weld.gov
| Official: Esther Gesick -
Clerk to the Board
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20022469.tiff
RESOLUTION RE: APPROVE FOUR PURCHASE OF SERVICES 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 four Purchase of Services 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, Family Educational Network of Weld County, and the following providers, with further terms and conditions being as stated in said agreements: 1) School District RE-1 (Meals for children at Gilcrest and Platteville Centers) - Term beginning September 25, 2002 - May 23, 2003 2) School District RE-5J (Meals for children at Milliken Center) - Term beginning August 23, 2002 - May 23, 2003 3) School District RE-1J (Meals for children at Frederick Center) - Term beginning September 16, 2002 - June 4, 2003 4) School District RE-1 (Colorado Preschool Program) - Term beginning August 23, 2002 - May 23, 2003, and 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 four Purchase of Services 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, Family Educational Network of Weld County, and the above listed School Districts be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreements. 2002-2469 OcY scp, _i HR0073 RE: FOUR PURCHASE OF SERVICES 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 9th day of September, A.D., 2002. BOARD OF COUNTY COMMISSIONERS 'e�+`` WELD COUNTY, COLORADO ATTEST: L r�%J 1 '45` E USED ``a .I. s' G�.�Vaad,l hair 'Weld County Clerk tot 1-fr � I� 'iy \ �j 111# F `7 David E. Lo •, Pro-Tern BY: <o . at: r1i , •v Th>il Deputy Clerk to the Bo'? SJ t . J. ' eile APP AST M: am i 471..,,,,ffv !� illiam H. Jerke untyAto _ Robert D. asden Date of signature: 9/9 2002-2469 HR0073 PURCHASE OF SERVICES AGREEMENT THIS AGREEMENT, made and entered into this 12 day of August, 2002, 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 the Weld County School District RE-5J, 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 leases and agrees to provide unto the following described premises and services based upon the following terms and conditions: 1. The School District agrees to provide hot lunches to the Head Start classroom at the price of two dollars and twenty-five cents ($2.25) per meal. The School District will submit a bill by the 10th of the month for the following services provided: space, transportation, and meals during the preceding month, to Weld County Division of Human Services, P.O. Box 1805, Greeley, Colorado 80632. Theterm of this Agreement shall be from September 25, 2002 through May 23, 2003. 2. The School District agrees to provide meals in accordance with the regulations of the United States Department of Agriculture's Child Care Food Program as shown in Attachment A hereto, which is hereby incorporated into this Agreement. 3. FENWC agrees to notify the School District within the first hour of the beginning of the school day if there is a variance in the number of meals needed for that day. Head Start shall notify the School District one week before holidays and vacations that meals will not be needed for that specified day(s), if different from submitted calendar. 4. FENWC agrees that it will throughout the term of this Agreement comply with the rules and regulations of the School District in effect from time to time as they may affect the Head Start children. 5. The School District and FENWC mutually agree that this Agreement may be modified, provided thirty(30) days written notice is provided to the other party. Any modifications made to this Agreement must be agreed upon in writing and signed by appropriate officials. 6. FENWC will reimburse School District RE-5J for maintenance services, snow removal and transportation (for off route children) to include labor, equipment, materials, and supervision, not to exceed $3,400.00 ($3,400.00) for the 2002-2003 school year. 7. The School District will provide in-kind transportation for children on "regular" routes, at the per pupil cost as determined by the Colorado Department of Education. The cost figure will be submitted to FENWC by December 31, 200'7, 8. The School District and FENWC mutually agree to accept that this Agreement be terminated by either party upon a thirty(30)day written notice being provided to the other party. This Agreement will terminate immediately in the event of a loss of funding to the FENWC Program. 9. 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. 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 School District, its employees, volunteers, or agents while performing this Agreement. The School District, 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. The School District 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. The School District understands that monitoring and evaluation of the performance of this Agreement shall be conducted by the Weld County Division of Human Resources and the results provided to the Weld County Board of Commissioners. 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, 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 WELD COUNTY SCHOOL COUNTY COMMISSIONERS DISTRICT RE-5J BOARD OF DIRECTORS e_k_ CC) ta-. f 4ank David E. Long, Chair P -Tem (09/09/20020 Chairperson Ja Pendar, Superintendent WELD COUNTY DIVISION OF HUMAN SERVICES Walter . c an, Executive for ATTEST: Eta WELD COUNTY CLER 07C0A ,iai ' g fi C ttiV Deputy Clerk to the Boa\ UN e� S. u 0 S m N V y WI V) L cis GL p O .U.. a - 7 .-Ul a. a a = h e V e c O t 9 U U y U "in O VI a O O U o d' w •h a w c m 'o^ ca .•-' \ .--I .•-I M — 1-I r-1 N N — \ e ro M 2 .•-1 E w . a' a u a 0 aR. E 0, L Q rt 0, 6 O .Q' A O O• u u . c y : G M o y X n 7 7 U ,7 .r .� ,7 'J U N N U V' v 7'—' vii n V 00 1,76 0 u rt E L A 4 M M \ \ \ \ M .--1 .N .-0 M M c \ O ro E s ` E E in v a+ - u 9 E E o 9 ca, LL CO G iii t 0 0 c i o � -a m o g s o u en c o w .p a v 0) U U V e E r o 0 on 7 V U a O = U a C Ca V O. u' v O u cq E E i. ;•-. w t U �Y V ?. 0 U O VI U O O eF 'a t U O E 'c �? _ al VI b . TO l _ 1-y "-1 .'H rr C „ : 4 lc . a c", 0 O \1i1IlI' 0 'o ci es O m 6g:6CC R *� FBI 44 ed OE "' ea '7 L '�i "0ti „9y .'�.' mss- CCI 6 W C M A �i O U O L 9 oe t0 a ;= I—� O O I. O O O O U © .Y- C 0 .4 t O 01 Pt d et0 m V 0 0 - dH -\O H W Z I ILL U iz 4 z PURCHASE OF SERVICES THIS AGREEMENT,made and entered into this 23rd day of August 2002, 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 fifteen cents($1.15) per child, Tuesday through Friday. The School District will provide breakfast and milk for one dollar and twenty-five cents($1.25) per adult. 2. The School District will provide snacks for approximately sixty (60) children at a cost of forty cents ($0.40)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 twenty-five cents($2.25)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. 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 23, 2002 through May 23, 2003. 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. 13. 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-I Chi E � � David E. Long, Chair r Tem Jo Bg ie (09/09/2002) Superintendent of Schools ATTEST: WELD COUNTY CLERK TO THE BOARD WELD COUNTY DIVISION OF HUMAN SERVICES Walt J etive Director 1 �l q c 4� By: Deputy Clerk to the ` �I PURCHASE OF SERVICES THIS AGREEMENT, made and entered into this day of August 2002, 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 Boulder County 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 forty-five(45)children at a cost of one dollar and seventy-five cents ($1.75) per child, Tuesday through Friday, and breakfast for approximately forty-five (45) children at one dollar ($1.00), and snack for approximately forty-five (45) children at a rate of eighty-five ($.85) cents. The School District will provide lunch and milk, breakfast, and snack on Mondays for approximately fifteen (15) children at the costs listed above. The School District will provide lunches only at a cost of two dollar and five cents ($2.05) per adult, and lunches and milk at a cost of two dollars and thirty cents ($2.30) 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 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 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. 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 September 16, 2002 through June 4, 2003. 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. 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 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 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. 13. 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 BOULDER COUNTY DISTRICT RE-1J C ISSIONERS David . Long, Chair o—Tem Cyn ia Director (09/09/2002) Food Services Department ATTEST: ? �Q � . ', ,��� WELD COUNTY CL 96Ul tY' DIVISION OF HUMAN SERVICES TO THE BOARD Y=; aaril By: Deputy Clerk to the Board Walter J. Speckman, Executive Director S. ..0 N V CO y W O a u u u a A © .w a O" Ue G o O c&I C O O p" a 4 O .. u O ? ` .W Q O.1 O U .-. O U O .-i O O O = - c U Cd U o c o e tea N MC! 7 O en U O 0 N . o 7 +-' •vi a v, — \ .--I — M H .-1 H N N H \ e m M aO+ .-I c m T -- a a V : y d g s E y CC ' O .3 W O O U CJ V a, > CO V V VD er C L Ca d » M o y `1 > > o. v U a � al al Q t ^ O O .n . v a ^ y a z N C �i 7 O O O U N N U c n A u U O H eF N .\� 00 'n O U ;± m Y E t a I° ; M N N N N N -e-"I -cr.') C N p N y E E M \ \ \ \ \ M ..� ..y .-� M M e - .rl - ` to 9 E E € • a a, w y 01 L C p L Ja N oomg p i CIO u y •C __ 3 C w oo s L d ti O U a M \ p O [Q ,O 9 a Co) V <14 ° e E T o O War +O+ Ox CAS V O. Ox G .UU. a q p "� d' a u_ to E E r N w �i = u 7 h a a 0 en a O = eF 'w a 7 w y v ° `e a al N %". N N N N N :S.,' \ Vt E Et`� L * ° :5 x IC x `c Y n D 0 a i' • `0ct ' a = ho 0 -ot co U. i- a a) i. �1 .G w t w O "O L > as a al' • ^ � R C7 CO U eC i7 C O ^ .- I�1 y la I. • ks y R i0 CO - a 4, 2 ,d, p ' . a+ O d p O 7 el ` -ti r ^ CO rr +.+ CC ^ t.+ litmea C? ��.yI fc "" ce :r h ell i. u 7 L w i., IG O O O O 0 i" CJ O .1i p 'O L O Tcx U b ' tt atO u 0 Q ..Z4, le iti' : a C4 u = u y a�i = y U W U 0. ›+ 0UD u -- V t OC14 IX a z � am t I con IL ILU z � cnS a PURCHASE OF SERVICES AGREEMENT THIS AGREEMENT,made and entered into this 19th day of August 2002, 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-1, hereinafter referred to as"School District RE-1". WITNESSETH: 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 23, 2002 through May 23, 2003. 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. 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. 1. 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 2002 preschool student unit for School District RE-1, 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 48 student equivalents as per Colorado Department of Education allocation of preschool slots. School District RE-1's 2002 preschool student funding unit for the period August 23, 2002 through May 23, 2002 is $2,710.24. The maximum to be reimbursed to FENWC is$116,325.60($2,710.24 x 48 = $130,091.52) 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 $14,454.61 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 1 ,Q_/, CTS David E. Long, Chair Pro em Jo bie, Su rintendent (09/09/2002) ATTEST:4144/10 WELD COUNTY DIVISION OF WELD COUNTY CLovy RD HUMAN SERVICES 1861 6 By. Deputy Clerk to the Walter ckman, Executive Director MEMORANDUM DATE: September 9, 2002 TO: Weld County Board of County Commissioners CFROM: Walter J. Speckman, Exec. Director, Division of Human Services COLORADO SUBJECT: Multiple Purchase of Service Agreements for the Family Educational Network of Weld County Presented before the Weld County of County Board of County Commissioners for approval are the following Purchase of Service Agreements between the Family Educational Network of Weld County and: 1. Weld County School District RE-1 for the provision of meals for children at the Gilcrest and Platteville Centers. 2. Weld County School District RE-5J for the provision of meals for children at the Milliken Center. 3. Boulder County School District RE-1J for the provision of meals for children at the Frederick Center. 4. Weld County School District RE-1 for the Family Educational Network of Weld County to operate the District's Colorado Preschool Program. For further information please contact Tere Keller-Amaya at extension 3342. ' ELI C7 -J 2002-2469
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