HomeMy WebLinkAbout20050035.tiff RESOLUTION
RE: APPROVE PURCHASE OF SERVICE AGREEMENT FOR 2004-2005 SCHOOL YEAR
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 for the
2004-2005 school year, 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, 2004, and ending August 31, 2005, 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 for the 2004-2005 school year,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 5th day of January, A.D., 2005, nunc pro tunc September 1, 2004.WcrlE I(,
` BOARD OF COUNTY COMMISSIONERS
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, J WELD COUNTY, COLORADO
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V iwi I� ��� William H. rke, Chair
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Deputy Cle t• the Board
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Glenn Vaad
Date of signature: S, 2005-0035
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PURCHASE OF SERVICE AGREEMENT
This Agreement made and entered into this lar day of October 2004, 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 2004 - 2005
(September 1, 2004 through August 31, 2005), 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
September 1, 2004 and ending August 31, 2005.
Geographic Area to be Served: FENWC services shall be provided to preschool 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 the preschool disabled
students with whom it contracts to provide services during the school year period (September
through August).
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.
Joint Responsibilities:
Developmental objectives/outcomes will be agreed upon by a staffing team composed of
parents, FENWC, and the appropriate BOCES personnel.
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.
FENWC and BOCES, as decided by a staffing team of which BOCES personnel and the
appropriate FENWC personnel will be a part, will provide Extended School Year (ESY) services
to the disabled preschool students determined to be in need of said services.
2005-0035
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; which will be used by FENWC to purchase materials to enhance
the developmental/educational skills of students with special needs.
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 will provide consultation services from the Early Childhood Coordinator.
BOCES will document hourly rates ($25.00 per hour) for in-kind purposes.
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.
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 form the preschool setting to a public school setting the
following will occur:
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.
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 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 COOPERATIVE
COUNTY COMMISSIONERS EDUCATIONAL SERVICES
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William H. Jerke, Chairperson 1/5/2005 it ctorofSpeci E ucation
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Executive Director
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WELD COUNTY DIVISION OF
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Walter . Speckman, Executive Director
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