HomeMy WebLinkAbout20030233.tiff RESOLUTION
RE: APPROVE TWO 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 two 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 terms and conditions
being as stated in said agreements:
1) Montrose County Housing Authority- June 1, 2002 - May 31, 2003
2) Weld County School District RE-3J -August 25, 2002- May 30, 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 two 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 providers be, and hereby are, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreements.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 22nd day of January, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
W COUNTY,eO RA O
ATTEST: g ±'' a/Let
11
id . Lon Ch i
Weld County Clerk tot ('oaf, A =r
Robert D. sden, Pro-Tem
BY: i,./,i. . .. ::
Deputy Clerk to the BBU N \ ��
M. J. Geile
R D AS TO •
. EXCUSED
William H. Jerke—`
Attorne �1/,
County Glenn V
Date of signature: ��a9
2003-0233
00
rjdf1 HR0074
PURCHASE OF SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this22nd day of January, 2003 _, 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 expand 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 establish an 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 August 25,2002, through May 30, 2003.
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. Implement the Head Start Program, educational services 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. Since School District RE-3J will provide Early Childhood services, therefore
School District will provide liability insurance for the children participating in
the program.
c. Provide an early intervention program for preschool age children in need of
language development, to help ensure future academic success.
Sro3 X33
d. 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.
e. 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.
f. 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.
g. 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.
h. School District RE-3J will utilize an appropriate assessment to determine the
developmental needs of the children.
Provide ongoing training for staff and parents.
j. Provide adequate materials for staff and parents to enable them to
implement teaching activities in the classroom and in the home.
m. Provide FENWC with information on child outcomes of Head Start eligible
children.
4. FENWC Responsibilities:
a. Reimburse School District RE-3J the amount of the 2002 - 2003, preschool
student unit for School District RE-3J, for each Head Start eligible preschool
student.
School District RE-3J reimbursement will be limited to a maximum of 20
Head Start slots.
FENWC will reimburse School District RE-3J for the period August 25, 2002,
through May 30, 2003 a total of$2,599.00 per student. The maximum to be
reimbursed to School District RE-3J is $51,980.00 ($2,599.00 x 20 =
$51,980.00), for children funded from Head Start funds.
School District RE-3J will reimburse FENWC for Head Start eligible children
identified with special needs, at a rate of$800.00 per child, and non-eligible
Head Start children at a rate of $2,305.00. The total number of enrolled
children with disabilities shall not exceed 15 children.
b. Reimburse School District RE-3J at the end of each month (October,
November, December, January, February, March, April, May and June) for
program operation with one-ninth (1/9) of total budgeted program dollars.
c. Coordinate enrollment and placement of children in the Hudson Program,
with the Special Projects Administrator.
d. Monitor School District RE-3J for compliance with Head Start Program
Performance Standards.
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
ci•-1/4 nir.,- ).Y
David L. Long, Chairperson School Board Chaiperson
(01/22/2003)
WELD COUNTY DIVISION OF
HUMAN SERVICES
Walter yes
man, Executive Director Dr. Marvin Wade, Superintendent
ATTEST: ELM E
WELD COUNTY CLEBy: tele-
-7�` •'° � �
/ i aRa
Deputy Clerk to the B� ���,
aoo3-0:233
PURCHASE OF SERVICES AGREEMENT
THIS AGREEMENT entered into this _1st day of June, 2002, by and
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County Division of Human Services Family Educational
Network of Weld County's Migrant Head Start Program, hereinafter referred to as
"FENWC," and the Montrose County Housing Authority, hereinafter referred to as
"Housing Authority."
WITNESSETH
WHEREAS, FENWC has been designated by the Federal Department of Health and
Human Services to operate a Migrant Head Start Program ("the Migrant Head Start
Program") under the provisions of Title V of the federal "Economic Opportunity Act of
1964," as amended, for the northwestern region of Colorado; and
WHEREAS, Housing Authority and FENWC agreed to enter into a twenty (20) year
coordination agreement on June 23, 1997 for the purpose of:
o Enhancing early childhood learning opportunities
o Facilitating successful transition of preschool aged children into the public
schools,
o Promoting parental involvement in all levels of the elementary schools,
o Promoting educational success of public schools FENWC students.
WHEREAS, Housing Authority desires to provide playground space, maintenance,
childcare and nutrition services for the Migrant Head Start Program.
NOW THEREFORE, for and in consideration of the covenants, conditions, agreements,
and stipulations hereinafter expressed, the parties do hereby agree as follows:
1) Provision of Maintenance and Nutritional Services, and Playground Space
The Housing Authority agrees to provide maintenance and nutrition services, and
playground space at the Housing Authority Center ("the School Facilities") during
the Term of this Agreement between the hours of 5:00 a.m. and 6:00 p.m.,
Monday through Friday.
2) Term of the Agreement
This Agreement shall be effective from June 1, 2002, through May 31, 2003.
3) Compensation
FENWC agrees to pay the Housing Authority for building maintenance services at
the cost for actual time and materials used.
FENWC agrees to pay the Housing Authority for any mutually agreed upon
repairs or additions to the exterior or interior of the building. Such repairs or
additions would be considered routine building services maintenance. An
authorized FENWC employee must request all such repairs in writing. The
Housing Authority shall keep a logbook for that purpose and all labor and
associated material costs will be noted in the log.
FENWC agrees to pay for utilities to include: gas, electricity, telephone, sewage,
water and trash attributable only to property knows as 290 Hap Court, otherwise
referred to as, "The Head Start Facility".
FENWC will provide adequate insurance for the purposes of program operations
to include: child liability, property liability, casualty liability, and premises
liability insurance.
In addition, FENWC agrees to pay the Housing Authority for meals provided to
FENWC for the Migrant Head Start Program as more specifically set worth
below.
Housing Authority shall submit an invoice to FENWC periodically for all services
performed. Housing Authority shall invoice FENWC for meals by the 10th of
each month for services provided during the proceeding month during the agreed
upon period of time in which meals are prepared. All billing invoices shall be
sent to Family Educational Network of Weld County, PO Box 1805, Greeley,
Colorado 80632. FENWC will pay for all statements submitted within thirty (30)
days after receipt.
4) Parties' Responsibilities
A) Responsibility of the Housing Authority
1) Housing Authority shall be responsible to see that all repairs necessary to
the exterior and interior of the building are provided, including, but not
limited to, any repairs to sewer, heating units, appliances, wiring, plumbing
facilities, doors, windows, door locks, etc., unless caused by negligence on
the part of FENWC.
2) Housing Authority agrees to provide daily meals, including breakfast,
lunch, snack, and dinner for the children participating in the Migrant Head
Start as well as FENWC staff, Monday through Friday. The cost for
providing such meals, for which FENWC agrees to reimburse Housing
Authority, shall be as follows:
Breakfast $2.50
Lunch $3.75
Snack $1.25
Dinner $3.75
3) Housing Authority agrees to provide meals in accordance with the
regulations of the United States Department of Agriculture's Child Care
Food Program, as more specifically set for the in Attachment "A",
incorporated herein.
4) Housing Authority will provide the FENWC nutritionist with menus on
the is` business day in June on which meals are to be provided to FENWC
children
5) Participate with Weld County in providing quality childcare in the
following way:
a) Invoice FENWC for Early Childcare Services for children placed at
Child Quest or determined to be ineligible for CCAP reimbursement
through Delta and Montrose Departments of Social Services at a rate of
$21.00 per day as needed.
b) Invoice FENWC a one-time registration / activity fee of$25.00 per
child.
B. FENWC Responsibilities
1) FENWC will operate the Migrant Head Start Program to be located on
Housing Authority premises. FENWC will provide portable classrooms for
early childhood education services at the aforementioned site at no cost to
Housing Authority. The portable classrooms will remain on Housing
Authority property for a term of twenty (20) years contingent upon funding
sources. One hundred eighty (180) days after FENWC ceases to run
programs, the buildings will be and the area restored to original condition.
2) FENWC shall establish a calendar monthly minimum number children
and adult meals to prepare. FENWC agrees to pay the higher of the actual
number of meals ordered or the monthly minimum based on the cost
schedule above. FENWC shall also notify Housing Authority one week
before any holiday or vacation that meals will not be needed for those
specified days.
3) FENWC will apply directly to the USDA for reimbursement for each
child's meal on a monthly basis. Housing Authority will not apply, nor
receive, reimbursement for these meals.
4) Parties' Relationship
The parties to this Agreement intend that the relationship between them
contemplates by this Agreement is that of independent entities working in
mutual cooperation. No employee, agent, or servant of one party shall be or
shall be deemed to be an employee, agent or servant of another party to this
Agreement.
5) Limitations - Liabilities - Indemnification
Each party shall not be responsible or liable for acts or omissions or failure
to act by the other party. Accordingly, FENWC agrees to indemnify and
hold Housing Authority harmless from any and all liability incurred by acts,
omissions, or failures to act by FENWC and, likewise, Housing Authority
agrees to indemnify and hold FENWC harmless from any and all liability
incurred by acts, omissions, or failures to act by Housing Authority,
pursuant to the terms of this Agreement. Because FENWC is a department
of the Weld County Government, Housing Authority acknowledges that its
agreement to indemnify and hold harmless FENWC extends to Weld
County, its employees, agents, subcontractors, and assignees.
The term "LIABILITY" includes, but is not limited to, any and all claims,
damages, and court awards including costs, expenses, and attorney fees
incurred as a result of any act of omissions by the applicable party who
acted or failed to act.
6)Non-Assignment
This Agreement shall not be assignable without prior written consent of
FENWC and Housing Authority, whichever is the non-assigning party.
7) Termination
Either party may terminate this Agreement for cause upon ten (10) days
written notice and for any reason so long as thirty (30) days written notice of
its intent to so terminate is given to the other party. If this Agreement is so
terminated, FENWC shall pay that compensation to Housing Authority,
which reflects the actual number of days' Housing Authority's building
facilities were used by FENWC and for which Housing was not previously
reimbursed, pursuant to this Agreement.
This Agreement will be immediately terminated, in any case, if Migrant
Head Start Program funding is terminated or is no longer available.
However, if such a case were to occur, all un-reimbursed charges due up to
and including the date of termination will be due and payable within 30
days.
8) Notices
Any notice provided for in this Agreement shall be in writing and shall be
served by personal delivery or by certified mail, return receipt requested,
postage prepaid, at the addresses set forth in this Agreement, until such time
as written notice of a change is received from the party wishing to make a
change of address. Any notice so mailed and any notice served by personal
delivery shall be deemed delivered and effective upon receipt or upon
attempted delivery. This method of notification will be used in all
instances, except for emergency situations when immediate notification to
the parties is required.
FENWC: Weld County Division of Human Services
Migrant Head Start Program
PO Box 1805
Greeley, Colorado 80632
Housing Authority
Montrose County Housing Authority
222 Hap Court
Olathe, Colorado 81425
10) Modification and Breach
This Agreement contains the entire Agreement and understanding between the
parties to this Agreement and supersedes any other agreements concerning the
subject matter of this transaction, whether oral or written. No modification,
amendment, renewal, or other alteration of or to this Agreement and the attached
exhibits shall be deemed valid or of any force or effect whatsoever, unless
mutually agreed upon in writing by the undersigned parties. No breach of any
term, provision, or clause of this Agreement shall be deemed waived or excused,
unless such waiver or consent shall be in writing and signed by the party claimed
to have waived or consented. Any consent by any party hereto, or waiver of, a
breach by any other party, whether express or implies, shall not constitute a
consent to, waiver of, or excuse for any other different or subsequent breach.
11) Severability
If any term of condition of this Agreement shall be held to be invalid, illegal, or
unenforceable, this Agreement shall be construed and enforced without such a
provision; to the extent this Agreement is capable of execution within the original
intent of the parties.
12) Funding
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 during the term of this Agreement.
13) Pecuniary Interest
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 of the proceeds thereof
14) To Whom Services are to be provided
FENWC and Housing Authority assure compliance with Title VI of the Civil
Rights Act of 1964, that no person shall, on the grounds of race, color, sex,
religion, age, national origin, or individual handicap, be excluded from
participation in, be denied the benefits of, or be subject to discrimination under
any provision of this Agreement.
15) Evaluation of Performance
Housing Authority understands that monitoring and evaluating the performance of
this Agreement shall be provided to the Weld County Board of Commissioners.
16)No Third Party Beneficiary Enforcement
No portion of this Agreement shall be deemed to constitute a waiver of any
immunities the parties of their or employees may possess, nor shall any portion of
this Agreement be deemed to have created a duty of care with respect to any
person not a party to this Agreement.
It is expressly understood and agreed that enforcement of the terms and conditions
of this Agreement and all rights of action relating to such enforcement shall be
strictly reserved to the undersigned parties, and nothing contained in this
Agreement shall give or allow any claim or right of action whatsoever by any
other person not included in this Agreement. It is the express intention of the
undersigned parties that nay entity other than the undersigned parties receiving
services or benefits under this Agreement shall be deemed an incidental
beneficiary only.
Assurances:
Child Quest agrees that it is an independent contractor and that it's officers, employees,
and clients do not become employees of Weld County, and therefore are not entitled to
any employee benefits and Weld County employees, as a result of the execution.
FENWC the Weld County Board of Commissioners, it officers and employees, shall not
be held liable for injures or damages caused by any negligent acts or omissions of Child
Quest, its employees, volunteers or agents while performing this Agreement. Child Quest
its officers and employees, shall not be held liable for injuries or damages caused by any
negligent acts or omissions of FENWC, the Weld County Board of Commissioners, its
officers and employees. The respective contracting parties shall provide such liability
insurance and worker's compensation coverage as each deems appropriate, and as
required by the Colorado Worker's Compensation Act.
IN WITNESS WHEREOF, the parties have hereunto set their hand and seals this
22nd day of Jan. 200
BOARD OF COMMISSIONERS MONTROSE COUNTY HOUSING
TY
WELD COUNTY, COLORADO T E C LORADO
te.0
David E. Long, Chair erson
Board Representative
(01/22/2003) , A
ATTEST: ��/ /{�
WELD COUNTY CLE T WELD COUNTY DIVISION OF HUMAN
dist, SERVICES
By: Deputy Clerk to t Walt
?0,03- 0233
MEMORANDUM
a M.-1t 111- 11 DATE: January 22, 2003
TO: Weld County Board of County Commissioners
\r;:er-H'
WE`D€.
FROM: Walter J. Speckman, Executive Director, Department\;
of Human Services
COLORADO
SUBJECT: Two Purchase of Service Agreements Between for
Family Educational Network of Weld County.
Presented before the Weld County Board of County Commissioners for approval are two
purchase of service agreements:
1) Between the Family Educational Network of Weld County, Migrant Head Start
Program and the Montrose County Housing Authority for facility maintenance,
meals and coordinated services.
2) A coordination agreement between the Family Educational Network of Weld
County, Head Start Program and Weld County School District RE-3J.
2003-0233
Hello