HomeMy WebLinkAbout20033466 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 (Public education to students of district) -
Term beginning August 20, 2003 - May 21, 2004
2) School District RE-1 (Meals for children) - Term beginning August 20,
2003 -May 21, 2004
3) School District RE-3J (Public education to students of district) - Term
beginning August 25, 2003 - May 30, 2004
4) North Range Behavioral Health Multi-Cultural Services (Therapeutic
services) - Term beginning October 1, 2003 - September 31, 2004
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 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.
• 01 44q 2003-3466
C.C�; h!S—C�C�i.L�i.� .�� �� yDr HR0074
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 24th day of December, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
��•�� WELD COUNTY, COLORADO
ATTEST: I /' ff <C4 EXCUSED
w �� •
D id E. Long, Chair
Weld County Clerk to th 80: rQ
W 4 Robert D asden, Pro-Tem
BY:
Deputy Clerk to the Boar
M. J. eile
A D AS TO FORPvt
( Willi ay}� H. Je e
u y to ey
711111
Glenn Vaact—
Date of signature: )N0V
2003-3466
HR0074
PURCHASE OF SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this 14th day of July 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-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 20, 2003 through May 21, 2004.
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 2003 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 41 student
equivalents as per Colorado Department of Education allocation of
preschool slots.
School District RE-1's 2003 preschool student funding unit for the period
August 20, 2003 through May 21, 2004 is $2,772.27. The maximum to be
reimbursed to FENWC is $113,663.07 ($2,772.27 x 41 = $113,663.07)
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
$12,629.23 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
_
aQ .
1
Robert D. Masden, Chairperson Pro-Tem Jo B r4 ie, Supe 'ntendent
12/24/2003
n�
ATTEST: 14441�� � rr%Y ,6�� WELD COUNTY DIVISION OF
WELD COUNTY CLE ' a_T - � �� HUMAN SERVICES
\' r_L .�tf,.
By
Deputy Clerk to the Board Walter eckman, Executive Director
am3- 3v��
PURCHASE OF SERVICES
THIS AGREEMENT,made and entered into this 14th day of July 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
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 fifty cents ($0.50) 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 20, 2003 through May 21, 2004.
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-1 R\13?-et & W.,D------__ z' - alt, Q
•
Robert D. Masden, Chairperson Pro-Tem Joi arbie
12/24/2003 Superintendent of Schools
ATTEST:
WELD COUNTY CLERK TO THE BOARD WELD COUNTY DIVISION OF
HUMAN SERVICES
LbF '�' 'e WW
man, Executive Director
e
Dui , i _:,
By: Deputy Clerk to the o; ;41 h \ f'
FOOD SERVICE CONTRACT WITH
SCHOOL/SCHOOL DISTRICT
•
This Agreement made this day of
20 by and between(Child/Adult Center Name)Family Educational Network of Weld
County,(Child/Adult Care Center Address, City, State and Zip Code) 1551 N. 17th. Ave., Greeley,
CO 80632, hereinafter referred to as the Center,and(School/School District)Weld County
School District RE-1,(School/School District Address,City, State, and Zip Code) 14827 Weld
County Road 42,Gilcrest,CO 80623 hereinafter referred to as the School/School District.
The terms of this agreement shall be for the purposes of providing bulk or unitized meals and
snacks to the Center according to the USDA Food Program Regulations 7 CFR 226.20 (as
administrated by the Colorado Department of Public Health and Environment, Child and Adult
Care Food Program [CDPHE-CACFP]) and the CDPHE-CACFP Center Manual and the
Creditable Food Guide.
Agreed
• That the School/School District shall provide meals to the Center for the rates herein
listed.
• This Agreement shall be effective for one year from September 4,2003
through September 4,2004.
• This Agreement is not in effect until signed by all parties.
• That a copy of the Agreement between the Center and School/School District shall be
submitted to the CDPHE-CACFP prior to the beginning of CACFP participation.
• This Agreement is contingent upon the availability of funds appropriated for the CACFP
in a sufficient amount.
• Any addendums made to this standard agreement are attached and made a part of the
Agreement. The addendums shall be submitted to the CDPHE-CACFP prior to the beginning of
CACFP operations.
Terms of Agreement
• The School/School District shall provide the specified meals to the centers listed on the
Site Information form that is attached to the contract.
• The School/School District will assure that all meals and snacks meet the minimum meal
pattern requirements as to nutritive value and content as stated in USDA Food Program
Regulations, 7CFR Part 226.20.
• If the School/School District utilizes the nutrient standards/NuMenus plan, the following
conditions must be fully complied with:
• All menus must show the school is working toward compliance with the nutrient
standards for the preschool child. Schools must analyze menus for foods served to CACFP
participating children based on the number of days per week the foods are served to the children.
For example, if the children in your center participate four days per week,the menu analysis must
be for the four days the school provides food.The menus and nutrient analysis must be kept on
file by the School/School District;
• The School/School District must supply copies of the menus to the center a minimum of two (2)weeks prior to
service;
• CDPHE.-CACFP recommends that:
a. Sweet-type products such as cookies, granola bars, sweet rolls,Danish pastries, and other desserts may not be
served more than two (2)times per week;
b. Menus follow the Dietary Guidelines for Americans;
c. Menus contain developmentally appropriate foods.
• The School/School District may not subcontract for the total meal,with or without milk, or for the assembly of the meal.
• All food will be delivered by the School/School District or picked up by the Center in accordance with the schedule
included on the Site Information Form that is attached.
• The Center reserves the right to demand replacement of, or refuse payment for,meals or snacks that do not meet USDA
nutritional requirements, or are spoiled or unwholesome at the time of delivery, or are delivered outside of the agreed up
delivery rime.
• Total prices shown are "per child or adult"and are as follows:
Age Breakfast Lunch Dinner Snacks
Age 1-2
Age 3-5 $1.15 $1.70 $.50
Age 6-12
Adult $1.25 X2.25 $.50
These prices are for snacks and meals that meet USDA Program requirements for
appropriate ages of children. -
• Any increase in meal prices during the term of this Agreement would initiate discussion between the School/School
District and the Center. Any and all adjustment in rates,provisions, or program will be by mutual agreement between the
School/School District and the Center.
• The School/School District shall maintain such records as follows to document food costs:
• Delivery invoices signed by a designee of the Center certifying that quantities and quality meet specifications.
• Itemized statements showing quantities,unit prices and total bill for food delivered each month.
• Receipts for payment of food service.
• Records of discounts if not reflected on itemized bill.
• Menu and production records reflecting actual types and amounts of food delivered.
• Cycle menus to be used. If these are changed during the contract period,revised menus shall be submitted to the
Center.
• These records shall be available for inspection and audit by representatives of the CDPHE-CACFP,of the USDA, and of
the U.S. General Accounting Office at any reasonable time and place for a period of 3 1/3 years from the date of receipt of
final payment under the contract, or in cases where an audit requested by the CDPHE-CACFP or the USDA remains
unresolved,until such time as the audit is resolved.
• The School/School District shall provide to the Center on a monthly basis:
• Daily record of the numbers of breakfasts,lunches, suppers, and snacks provided each day.
• Delivery invoices signed by designee of the Center certifying quantity and quality.
• Itemized statement showing daily quantities,unit price and total bill for food provided.
• The Center shall remit payment for invoices submitted in accordance with the proceeding paragraph within 10
calendar days.
This agreement may be terminated by either party upon 30 days written notification.
FOOD SERVICE MANAGEMENT CONTRACT
SITE INFORMATION FORM
(Make additional copies if necessary)
Site Name: Gilcrest Head Start Contact Person: Kaye Wright
Address: 1175 Ri rrh Phone: (q7o ) 737 - 7774
Gilcrest, CO 80623
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Site Name: Platteville Head Start Contact Person: Kaye Wright
Address: 1202 Main Phone: (970 ) 785 - 232.4
Platteville, CO 80651
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PURCHASE OF SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this day of October, 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 25,2003, through May 30, 2004.
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.
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 2003 - 2004, preschool
student unit for School District RE-3J, for each Head Start eligible enrolled
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, 2003
through May 30, 2004 a total of$2,656.00 per student. The maximum to be
reimbursed to School District RE-3J is $53,120.00 ($2,656.00 x 20 =
$53,120.00), 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
Robert D. Masden, hairperson pro-Tem S�Board Chairperson
12/24/2003
WELD COUNTY DIVISION OF
HUMAN SERVICES
Wa J. peckman, Executive Director Dr. Marvin Wade, Superintendent
i
ATTEST: fit,
WELD COUNTY CLE
gt
By: L �✓ `
Deputy Clerk to the BoardTh l '
( 3- S
PURCHASE OF SERVICE AGREEMENT
This Agreement made and entered into this day of December 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
Resources' Family Educational Network of Weld County, hereinafter referred to as
"FENWC,"and North Range Behavioral Health Multi-cultural Services, hereinafter referred
to as "Mental Health."
WITNESSETH:
WHEREAS, FENWC is required to provide therapeutic services for Head Start
eligible children, in accordance with 45-CFR-1304, Head Start Performance Standards,
and
WHEREAS, FENWC wishes to provide consultation services to parents of Migrant
Head Start eligible children and families, and
WHEREAS, Mental Health has the staff and facilities to provide such services, and
WHEREAS, the parties wish to establish an on-going policy for the provision of
services.
NOW, THEREFORE, in accordance with the mutual benefits, responsibilities, and
considerations set forth herein, the parties hereto covenant and agree as follows:
1. Engagement of Mental Health. FENWC hereby retains Mental Health and Mental
Health hereby accepts engagement by FENWC upon the terms and conditions
hereinafter set forth.
2. Term. Subject to provisions contained herein, the term of the Agreement shall
commence on October 1, 2003 through September 31, 2004. This Agreement shall
be subject to review and renewal by the parties annually.
3. Nature of Agreement. During the term of the Agreement, Mental Health agrees to
make its services available to FENWC. The maximum number of hours of service
per week will be forty(40) hours per week (1,000 units annually)as mutually agreed
to by FENWC and Mental Health.
4. Scope of Work. Mental Health will provide the following mental health services to
FENWC Head Start and Migrant Head Start eligible families, children, and staff:
➢ Assist in planning and administering bilingual/multi-cultural mental health
program activities and services.
➢ Train Head Start Staff.
➢ Observe children and consult with teacher and other staff.
➢ Assist in providing special help for children with atypical behavior or
development.
➢ Orient parents and work with them to achieve the objectives of the mental
health program. Provide group and individual therapy, as appropriate.
➢ Take appropriate steps in conjunction with health and education services to
refer children for diagnostic examination to confirm that their emotional or
behavioral problems do not have a physical basis.
➢ Provide mental health related services to FENWC staff.
The scope of such services shall be guided by FENWC. Mental health services shall be
provided to those children and families referred by FENWC. Mental Health shall provide
FENWC with written reports summarizing said services, which shall fulfill the legal
requirements of the parties hereto. Such reports shall be maintained by FENWC.
5. Scheduling of Engagements. Mental Health shall schedule services so as to be
rendered during hours meeting the needs of FENWC and its clients. Mental Health
shall provide individual schools within FENWC with forty-eight (48) hours prior
notice of all scheduled services. All engagements shall be scheduled at mutually
agreeable times and dates.
6. Equipment and Supplies. FENWC shall provide Mental Health with all facilities,
equipment, supplies, and the like, as are reasonably necessary in order for Mental
Health to perform its obligations under the Agreement. Notwithstanding the
foregoing, Mental Health shall supply small portable equipment as is usual for such
services.
7. Nature of Relationship. The relationship between FENWC and Mental Health is
strictly that of independent entities and is not an agency or employment relationship.
No party is an employee, agent or representative of any other party by virtue of this
Agreement nor shall any such party have any expressed or implied right to authority
to assume or create any obligation or responsibility on behalf of or in the name of
any other party by virtue of the Agreement. Contractor also acknowledges that it will
not be entitled to participate, by reason to this Agreement, in any employee benefits
provided by FENWC. FENWC as contracted to receive services only and is
interested in the results of Mental Health's efforts. Mental Health shall be solely and
entirely responsible for its own acts and omissions during the performance of this
Agreement.
8. Mental Health Representatives. In connection with the mental health services
provided hereunder, FENWC will interact administratively with such individual as
Mental Health may designate. The Mental Health Program Director shall assign a
therapist who is registered with the Colorado Department of Regulatory Agencies,or
is clinically supervised by an individual who is so registered, to provide services
pursuant to this Agreement. By registration, it is understood that the mental health
therapist or his/her supervisor shall be a graduate of an accredited mental health
curriculum and in good standing with his/her accrediting organization.
9. Billing Information. Immediately following the provision of services, Mental Health
shall provide to FENWC on a form that is acceptable to both parties, specific billing
and utilization information for the services rendered. Mental Health shall make
available to FENWC all financial records relating to Mental Health's services at the
request of FENWC. Mental Health shall submit to FENWC, an aggregate statement
listing all charges on a monthly basis.
10. Fee. For the purpose of payment for services provided, Head Start will be the payer
of last resort. Mental health shall bill Medicaid and CHP+ for all reimbursable
services from these payer sources. For services provided that do not qualify for
payment from other sources, mental health shall charge FENWC for services
performed at the rate of $40.00 per hour. The total billed to FENWC shall not
exceed a total cost of $40,000 for the term of this agreement.
11. Compensation. In consideration of the rehabilitation services provided by Mental
Health, FENWC shall pay Mental Health within thirty (30) days from receipt of
Mental Health's aggregate monthly statement.
12. Confidentiality. Mental Health and FENWC agree not to disclose any personal or
privileged information to third parties without first obtaining the written consent of
responsible party thereof, unless otherwise permitted or required under applicable
law.
13. Indemnification. Mental Health shall indemnify, defend and hold harmless
FENWC from any claims, losses, damages, liabilities, costs, expenses or
obligations, including but not limited to attorneys' fees, court costs and punitive or
similar damages, arising out of or resulting from any act or omission by Mental
Health or any of its employees, agents or representatives in the furnishing of mental
health services or supplies, or arising out of or resulting from the negligent,
fraudulent, dishonest or other acts or omissions of Mental Health or its employees,
agents or representatives in its performance under the terms of this Agreement.
Likewise, FENWC, the Weld County Board of County Commissioners, its officers
shall indemnify, defend and hold harmless Mental Health from any claims, losses,
damages, liabilities, costs, expenses or obligations, including but not limited to
attorneys' fees, court costs and punitive or similar damages, arising out of or
resulting from any act or omission by FENWC or any of its employees, agents of
representatives in the furnishing of comprehensive educational services of supplies,
or arising out of or resulting from the negligent, fraudulent,dishonest or other acts of
omissions of FENWC or its employees, agents or representatives in its performance
under the terms of the Agreement.
14. Representations. Mental Health neither represents nor warrants that the services
provided hereunder shall assure FENWC of accreditation or licensure by the
Colorado Department of Social Services, Colorado Department of Education, by any
other accrediting body, or by any licensing agency.
15. Employment Covenant. It is agreed and understood by both parties that neither
Mental Health nor FENWC shall hire or attempt to hire the other party's employees
during the term of this Agreement or for a period of twelve (12) months thereafter,
without mutual consent.
16. Liability Insurance. Mental Health will carry at its own expense professional
liability insurance coverage in the amounts equal to at least $1,000,000 annual in
aggregate.
17. Termination. Either Mental Health or FENWC may terminate the independent
contractor relationship established by this Agreement with or without cause, by
giving thirty (30) days written notice to the other party.
18. Interruptions. Neither party to this Agreement shall be liable to the other for delays
in delivery of failure to deliver or otherwise to perform any obligation under this
Agreement, where such failure is due to any cause beyond his reasonable control,
including but not limited to Acts of God, fire, strikes, war, flood, earthquakes or
Governmental action.
19. Entire Agreement, Amendment, Waiver. This Agreement merges all previous
negotiations between the parties hereto and constitutes the entire agreement and
understanding between the parties with respect to the subject matter of this
Agreement. No alteration, modification or change of this Agreement shall be valid
except by an agreement in writing executed by the parties hereto.
20. Notices. Any notice required to be given under this Agreement shall be in writing
and shall be sent by certified mail, return receipt requested, postage pre-paid, to
Mental Health at:
North Range Behavioral Health North Range Behavioral Health
Multi-Cultural Services Fort Lupton Program, So. County Program
1306 11 Avenue 120 1s` St.
Greeley, CO 80631 Fort Lupton, CO 80621
ATTN: Becky Marrujo ATTN: Pat Orleans
And to FENWC at:
Weld County Division of Human Services
Family Educational Network of Weld County
PO Box 1805
Greeley, CO 80632
ATTN: Terril Rector
21. Assignment. This Agreement is not assignable by FENWC without the express
written consent of Mental Health.
22. Severability. If any provision of this Agreement or the application thereof to any
person or circumstance shall be invalid or unenforceable to any extent, it is the
intention of the parties that the remainder of this Agreement and the application of
such provision to other persons or circumstances shall not be affected thereby and
shall be enforced to the greatest extent permitted by law.
23. Captions. The captions contained in this Agreement are for convenience or
reference for the parties and are not intended in any manner whatsoever to
construe, define or limit the scope or intent of this Agreement or any provisions
hereof.
24. Counterparts. This Agreement may be executed in one or more counterparts,
each of which when so executed shall be an original, but all of which together shall
constitute one 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 County North Range Behavioral Health
Commissioners Services
tor ay.Acer
Robert D. Masden, Chairperson Pro-Tem Wayne Maxwell, PhD., Executive Director
12/24/2003 (Lot
Division of Human Services ��. c i
John attle, 9 , Director for Finance
And Administrative Support
el2e-Sovt,
Walter J. Speckman, Executive Director
Attest: ]E Lia
Weld County Clerk tot B• =r? O qv
. <„
By: . i� (�..: .> (fr.'' ,I
Deputy Clerk to the Board, ' 1
ATTESTING TO BOARD OF COUNTY
COMMISSIONER SIGNATURES ONLY
a
MEMORANDUM
41& VI DATE: December 19, 2003 ... , . ..
Vl`
IPc TO: Weld County Board of Commissioners
,-ii
FROM: Walter J. Speckman, Executive Director .
COLORADO SUBJECT: Purchase of Service Agreements
Enclosed for Board approval are four (4) Purchase of Service Agreements between FENWC and
the following:
School District RE-1 will provide public education to the students of this district. The term of this
Agreement is from August 20, 2003 through May 21, 2004.
School District RE-1 will provide breakfast, lunch, and snacks. FENWC will reimburse at
the following rate Breakfast-$1.15 per child, Lunch-$1.70 per child and snacks-$.50 per child. The
term of this agreement is from August 20, 2003 through May 21, 2004.
School District RE3-J will provide public education to the students of this district. The terms of
this agreement is from August 25, 2003 through May 30, 2004.
North Range Behavioral Health Multi-Cultural Services will provide therapeutic services to Head
Start eligible children. The maximum number of hours of service per week will be forty(40) hours
per week (1,000 units annually). FENWC will pay at a rate of $40.00 per hour, not to exceed
$40,000.00. The term of this Agreement is from October 1, 2001 through September 31, 2004.
If you have any questions please feel free to telephone me at extension 3317.
2003-3466
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