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Home My WebLink About20020741.tiff RESOLUTION RE: APPROVE PURCHASE OF SERVICE AGREEMENT AND AUTHORIZE CHAIR TO SIGN - CENTENNIAL BOARD OF COOPERATIVE EDUCATIONAL SERVICES (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 Services 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 September 1, 2001, and ending August 31, 2002, 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 27th day of March, A.D., 2002, nunc pro tunc September 1, 2001. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, OLORADO ATTEST: Weld County Clerk to the Board Gle'*i, aad, hair , / BY: David E. Long �ro-Tem CO L� Deputy Clerk to the Board . G-ile / APPRRV/ AS TO F : Jerkmy At ey Date of signature: 3 R Bert D. Masden 2002-0741 LAC'.145D HR0073 MEMORANDUM DATE: March 27, 2002 ' TO: Weld County Board of County Commissioners CFROM: Walt Speckman, Executive Director, Division of " COLORADO Human Services )LJv� SUBJECT: Purchase of Service Agreement Between the Family Educational Network of Weld County Head Start Program and Centennial Board of Cooperative Educational Services Presented before the Weld County Board of County is a Purchase of Service Agreement Between the Family Educational Network of Weld County Head Start Program Centennial Board of Cooperative Educational Services to provide services to children with disabilities. For further information please contact Tere Keller-Amaya at extension 3342. 2002-0741 PURCHASE OF SERVICE AGREEMENT This Agreement made and entered into this 27th day of March 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 Centennial Board of Cooperative Educational Services, hereinafter referred to as "BOCES." WHEREAS,BOCES is required by law to provide appropriate services to preschool student with disabilities; and WHEREAS, FENWC is required to provide educational services for Head Start eligible children with disabilities, in accordance with 45-CFR-1304 and 1308, Head Start Performance Standards; and WHEREAS, BOCES and FENWC wish to enter into an agreement for the school year 2001-2002 (September 1, 2001 through August 31, 2002), 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 fo 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 September 1 , 2001 and ending August, 31, 2002. Geographic Area to be Served: FENWC services shall be provided to preschool children with disabilities served in BOCES member school districts. FENWC Responsibilities: a. 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 the preschool disabled students with whom it contracts to provide services during the school year period (September through August). a. FENWC will provide ongoing training to its staff regarding the acquisition of needed skills to serve this population of students. b. FENWC will provide adequate materials for staff and parents to enable them to implement teaching activities in the classroom and in the home. c. FENWC will provide attendance records for students who are receiving special education services. Joint Responsibilities: a. Developmental objectives/outcomes will be agreed upon by a staffing team composed of parents, FENWC, and the appropriate BOCES personnel. b. FENWC Disabilities Specialists and the Early Childhood Coordinator from BOCES will consult on the follow-up maintenance programs provided the aide in the FENWC program. c. FENWC and BOCES as decided by a staffing team of which BOCES personnel and the appropriate FENWC personnel will be a part, to the preschool disabled students , will provide Extended School Year (ESY) services to children as determined in need of said services. BOCES Responsibilities: a. 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. b. Appropriate BOCES staff will be eligible to attend FENWC in-service as mutually agreed upon. c. BOCES will provide in-service to FENWC personnel when requested and at a mutually agreeable time. d. BOCES will provide itinerant special education and related services to children with disabilities in FENWC according to their IEP. e. BOCES will provide consultation services from the Early Childhood Coordinator. f. BOCES will document hourly rates ($25.00 per hour) for in-kind purposes. g. 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. h. BOCES will reimburse FENWC for non-eligible Head Start children at a rate of $2,40.00, if allotted over-income slots are full. Transition Planning: In an effort to provide for a smooth transition form the preschool setting to a public school setting the following will occur: a. Transition plans will be developed jointly and 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. b. 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. c. 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 FEW NC not school personnel predisposing parents to choices that have not been jointly discussed as possible alternatives. d. Prior to a student entering the elementary setting, the receiving team from the elementary and the sending team from FENWC will meet to collaborate on the student's specific needs and programming issues of the student. Modification of Agreement: All modifications to this Agreement shall be in writing and signed by both parties. Assignment: This Agreement shall be binding upon the parties hereto, their successors, heirs, legal representatives, and assigns. FENWC may not assign any of its rights or obligations hereunder without the prior written consent of BOCES. Applicable Law: FENWC agrees to follow policies and procedures of BOCES, as construed in accordance with the Colorado School Finance Act of 1988. House Bill 1341 , regulations and other applicable laws and regulations. Assurances: a. BOCES agrees that it is an independent contractor and that its officers, employees, and clients do not become employees of Weld County, and therefore are not entitled to any employee benefits as Weld County employees, as a result of the execution of this Agreement. b. FENWC, the Weld County Board of Commissioners, its officers and employees, shall not be held liable for injuries or damages caused by any negligent acts or omissions of BOCES, 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 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. 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. 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 CENTENNIAL BOARD OF COUNTY COMMISSIONERS COOPERATIVE EDUCATIONAL SERVICES J. .1)3241-ek 1/4 _AL/ A Glenn Vaad Chalrrersnn Direct r of Special ia Education (03/27/2002) C �/e_ WELD COUNTY DIVISION OF HUMAN ERV V S Executive Director W r J. Speckman, Executive Director ,�� IE task ATTEST: � 'Iif;1 WELD COUNTY CLER O m% 1861 I eca- B � ! . tM �, Deputy Clerk to the Bo. 'd ' ( Y Hello