HomeMy WebLinkAbout931031.tiff RESOLUTION
RE: APPROVE TWO PURCHASE OF SERVICE AGREEMENTS BETWEEN FENWC AND SCHOOL
DISTRICT RE-1 AND AUTHORIZE CHAIRMAN 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 Service
Agreements between Family Educational Network of Weld County (FENWC) and Weld
County School District RE-1, commencing September 7, 1993, and ending May 31,
1994, with further terms and conditions being as stated in said agreements, 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 Service Agreements between FENWC and
Weld County School District RE-1 be, and hereby are, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman 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 4th day of October, A.D. , 1993, nunc pro
tunc September 7, 1993.
�� '��'��l /6�2C1I BOARD OF COUNTY, COMMISSIONERS
ATTEST: � WELD COUNTY, COLORADO
Weld County Clerk to the Board onstance
//f onstance L. Harbert, Chairman
BY: / %X�L .!✓! / 7/(
Deputy Clerk to the B W. Webster, ro-Tem
APPROVED AS TO FORM:
r E. axt r
unty ttorne Dale K. Hall
EXCUSED DATE OF SIGNING (AYE)
Barbara J. Kirkmeyer
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PURCHASE OF SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this day of t- 1993, 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 RE-1".
WITNESSETH:
WHEREAS, School District RE-1 provides public education to the students of
the Weld County School 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, FENWC 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, is consideration of the premises, the parties hereto
covenant and agree as follows:
1. Term of Agreement:
The term of this Agreement is from September 7, 1993, through May 31, 1994.
2. Geographic Areas to be Served:
Early Childhood Education services shall be provided to eligible children
who are enrolled in School District RE-l.
3. FENWC Responsibilities:
a. Implement the Preschool Program as defined in the Colorado School
Finance Act or 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 child care services to those families
who want an extended full day program.
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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 o 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 child care for
parents in order for them to attend training sessions and be
actively involved in the program.
j . Utilize the DIAL-R or other approved (by School District
RE-1) developmental assessment to determine the developmental level
of each child.
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 State 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 1993 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 45 student
equivalents as per Colorado Department of Education allocation of
preschool slots.
School District RE-1's 1993 preschool student funding unit for the
period September 7, 1993 through May 31, 1994 is $1,051.27. The
maximum to be reimbursed to FENWC is $42,707.15 ($1,051.27 x 45 =
$47,307.15, minus $4,600.00 per year for custodial fees =
$42,709.51)
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 programs
dollars or $4,745.22 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 bonding 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. Weld County, the Board of County Commissioners of Weld County, its
officers and employees, shall not be held liable for injuries of
damages caused by any negligent acts of omissions of School District
RE-1 or its employees, volunteers, or agents while performing
functions as described in this Agreement. School District RE-1
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 o this Agreement
by its employees, volunteers, clients and agents. School District
RE-1 shall not be held liable for injuries or damages caused by any
negligent acts or missions of Weld County, the Board of County
Commissioners of Weld County, its employees, volunteers, or agents
while performing this Agreement. School District RE-1 shall provide
Worker's Compensation Insurance for all employees of School District
RE-1 engaged in the performance of this Agreement.
c. No officer, member or employee of School District RE-1 and no member
of their governing bodies shall have any pecuniary interest, direct
or indirect, in the approved Agreement of the proceeds thereof.
d. FENWC understands that monitoring and evaluation of the performance
of this Agreement shall be conducted by School District Re-1.
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e. FENWC and School District RE-1 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
form participation in, be denied and 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, not 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 ever 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.
THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY SCHOOL DISTRICT RE-1
OF WELD COUNTY, COLORADO
Constance L. Harbert, Chairperson r. B ookhart
/O/O(,, 3 Sup Tiff
tendent
ATTEST: / / WELD COUNTY D VISION OF HUMAN
y _Uf, v„ GLZGZri>' RESOURC S
WELD COUN CLERK THE BOARD /
y: Deput Cllr to th r Wal r J. Speckman,
E cutive Director
931031
PURCHASE OF SERVICES
THIS AGREEMENT, made and entered into this I ' day of & ll, 1993, 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 CONDISERATION OF the covenants herein agreed to be kept and
performed, the School District hereby agrees to provide FENWC the following
described services based upon the following terms and conditions:
1. The School District will provide lunches and milk for approximately sixty
(60) children at a cost of one dollar and thirty cents ($1.30) per child
and one dollar and sixty-five cents ($1.65) per adult.
2. FENWC agrees to notify the School District kitchen by 9:30 a.m. daily of
the number of children lunches and the number of adult lunches needed.
FENWC shall notify the School District the day before any holiday or
vacation that meals will not be needed for those specified days.
3. The School District will submit a bill for services to the Weld County
Division of Human Resources, P.O. Box 1805, Greeley, Colorado, 80632, by
the 10th of the month for services provided during the preceding month.
The School District agrees to provide information on the cost of the
quantity of lunches served to enable FENWC to comply with USDA
reimbursement requirements.
4. FENWC will apply directly to USDA for reimbursement for each child's meal
by type (full paid, free or reduced) each month. The School District will
not receive USDA reimbursement for these meals.
FENWC agrees to pay the School District for all meals served to Head Start
children and staff. Such reimbursement will made within three (3) weeks
of the receipt of a statement of such charges from the School District.
The rate will be as described in item #1 above.
5. 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.
6. 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. Food and milk invoices.
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7. FENWC will maintain a daily record of the number of meals served by type.
8. The term of this Agreement shall be from September 7, 1993 through May 31,
1994.
9. This Agreement may be amended at any time with the written mutual consent
of both parties.
10. The School District and FENWC mutually agree to accept that this Agreement
may be terminated by either party upon a thirty (30) day written notice
being provided to the other party, however, this Agreement will be
terminated if Head Start or Colorado Preschool Program funding is stopped.
11. ASSURANCES:
a. The School District agrees that it is an independent contractor and
that its officers, employees, and clients do not become employees of
Weld County, and therefore are not entitled to any employee benefits
as Weld County employees, as a result of the execution of this
Agreement.
b. Weld County, the Board of County Commissioners of Weld County, its
officers and employees, shall not be held liable for injuries of
damages caused by any negligent acts or omissions of the School
District or its employees, volunteers, or agents while performing
functions as described in this Agreement. The School District shall
indemnify, defend and hold harmless Weld County, the Board of County
Commissioners of Weld County, its officers and employees for any
loss occasioned as a result of the performance of this Agreement by
its employees, volunteers, clients and agents. The School District
shall not be held liable for injuries or damages caused by any
negligent acts or omissions of Weld County, the board of County
Commissioners of Weld County, its employees, volunteers, or agents
while performing this Agreement. The School District shall provide
Worker's Compensation for all employees of the School District
engaged in the performance of this Agreement, as required by the
Colorado Worker's Compensation Act. Likewise, FENWC, by and through
the Board of County Commissioners, shall provide adequate liability
and Worker's Compensation Insurance for all its employees,
volunteers and agents engaged in the performance of this Agreement.
c. No officer, member, or employee of Weld County and no member of
their governing bodies shall have any pecuniary interest, direct of
indirect in the approved Agreement of the proceeds thereof.
d. The School District understands that monitoring and evaluation of
the performance of the Agreement shall be conducted by the Weld
County Division of Human Resources and the results provided to the
Board of County Commissioners of Weld County.
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e. The School District and FENWC assure compliance with Title VI of the
Civil Rights Acts of 1986, and that no person shall on the grounds
of race, creed, color, sex or national origin, be excluded from
participation in, be denied the benefits of, or be otherwise
subjected to discrimination under the approved Agreement.
f. No portion of this Agreement shall be deemed to constitute a waiver
of any immunities the parties of their officers or employees may
possess, nor shall any portion of this Agreement be deemed to have
created a duty of care with respect to any persons not a party to
this Agreement.
g. No portion of this Agreement shall deemed to created an obligation
on the part of the County of Weld, State of Colorado, to expend
funds not otherwise appropriated in each succeeding year.
12. 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 COMMISSIONERS WE71 D TRICT -1
Constance L. Harbert, Chairperson Cli Bro har , uperi endent
ATTEST: WELD CO IVI$TON OF HUMAN RESOURCES
P,a4e4 7'
WELD COUNTY CLERK TO THE BOARD
a td . eckman, Executive r
y. Deputy Cl r to therd ✓/
9741031
OA*1mEmoRAnDum
Board of County Commissioners
To Constance L. Harbert Chairzm65nn (lrYnhar a. 7gg31 'at<Ad/COLORADO From Walter J. Speckman , Executive Director . Human Rac nrrec
Subject: Purchase of Service Agreements between FENWC and
School District RE-1
Enclosed for Board approval are two (2) Purchase of Service Agreements between
FENWC and Weld School District RE-1.
Purchase of Services #1
FENWC will 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.
FENWC reimbursement will be limited to forty-five (45) students equivalent as per
Colorado Department of Education allocation of preschool slots.
School District RE-1's 1993 preschool student funding unit for the period
September 7, 1993 through May 31, 1994 is $1,051,27. The maximum amount to be
reimbursed to FENWC is $42,707.15 ($1,051.27 x 45 =$47,307.15, minus $4,600.00
per year for custodial fees = $42,709.51) .
School District RE-1 will 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 $4,745.22 per
month.
Purchase of Service #2
School District RE-1's food service department agrees to provide lunches and milk
for approximately sixty (60) preschool children at a cost of one dollar and
thirty cents ($1.30) per child and one dollar and sixty-five cents ($1.65) per
adult.
The School District will submit a bill for services by the 10th of the month for
services provided during the preceding month.
The term of these Agreements shall be from September 7, 1993 through May 31,
1994.
If you have any questions, please telephone Tere Keller-Amaya at 353-3800.
931031
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