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HomeMy WebLinkAbout920898.tiff • .. RESOLUTION RE: APPROVE PURCHASE OF SERVICE AGREEMENT BETWEEN FAMILY EDUCATIONAL NETWORK OF WELD COUNTY 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 a Purchase of Service Agreement between the Family Educational Network of Weld County (FENWC) and Weld County School District RE-1, commencing September 8, 1992, and ending May 31, 1993, with the further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Purchase of Service Agreement between the Family Educational Network of Weld County and Weld County School District RE-1 be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman 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 21st day of September, A.D. , 1992, nunc pro tunc Sep ember 8, 992 /(G/(%7 BOARD OF COUNTY COMMISSIONERS ATTEST VG /V WELD COUNTY, COLORADO Weld County Clerk to the, Board / eo eKei edy, Chairman BY: /11- c �.L--�� rn1 �: Deputy C1 to the Board onstance L. Harber , Pro-Tem APPROVED AS T ORM: EXCUSED C. W. Kirb County Attorney Gor acy 9 W. H. Webster 920898 ( FIR 1:1_E - F ) PURCHASE OF SERVICES AGREEMENT THIS AGREEMENT, made and entered into this 4th day of October, 1992, 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 new 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 a preschool/child care 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 September 8, 1992, through May 31, 1992. 2. Geographic Areas to be Served: Preschool/child day care 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 preschool services, therefore FENWC will provide liability insurance for the children participating in the program. 92fl''93 c. Facilitate accessibility to child care services to those families who want an extended full day program. d. Provide an early intervention program for preschool 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 class- room, 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 part- icipating 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 o parents in order for them to attend training sessions and be actively involved in the program. j . Utilize the test of Early Language Development to determine the language proficiency gained by 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 State Department of Education with the 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 1992 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 1992 preschool student funding unit for the period September 8, 1992 through May 31, 1993 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 4600 per year for custodial fees = 42,706.51) . 92039g 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 $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 binding upon the parties hereto, their successors, heirs, legal representatives, and assigns. FENWC may not assign any of its rights or obligation 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 or damages caused by any negligent acts or 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 of 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 omissions 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, 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 its employees, volunteers and agents engaged in the performance of this Agreement. District RE-1, the School Board of RE-1, its employees. 92029g c. No officer, member or employee of School District E-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. 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 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 of 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) day 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, paragraphs, sentences, clauses, or phrases might be declared unconstitutional or invalid. 920:33 IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY SCHOOL DISTRICT RE-1 OF WELD COUNTY, COLORADO y`, 1ddd George Kennedy, Chairman 09:09A Dr C f Brookhart, Superinte dent ATTEST:/I ,4 i�� WELD COUNTY CLERK TO THE BOARD // / '7 //By: Deputy ler to the Board WELD COUNTY DIVISION OF HUMAN RESOURCES L l er J. Speckman, Executive Director J7.2."fart','s 3 MEMORAnDU of County Commissioners iiiBoardToGeorge Kennedy, Chairman Date September 10, 1929 p COLORADO From Walter J. Speckman, Executive Director, Human Resources I Ltd^- Subject: Purchase of Service Agreement between FENWC and School District Pr-1 Enclosed for Board Approval are three (3) original Purchase of Service Agreements between FENWC and Weld School District RE-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. School District RE-1 will reimburse FENWC the amount of the 1992 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 students equivalents as per Colorado Department of Education allocation of preschool slots. School District RE-1 's 1992 preschool student funding unit for the period September 8, 1992 through May 31 , 1993 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 per year for custodial fees - $42,706.51). 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. The term of this Agreement shall be from September 8, 1992 through May 31 , 1993. If you have any questions please telephone Tere Keller-Amaya at 356-0600. 920d9ta September 17, 1992 (� - MEMORANDUM J" TO: Clerk to the Board FR: Susan Talmadge, Rums Resources RE: Purchase of Services Agreement between the Weld County Division of Human Resources' Family Educational Network of Weld County and School District RE-1 Enclosed for Board approval are three (3) copies of the above mentioned Agreement. Please return two (2) copies once they have been signed. If you have any questions regarding this Agreement, please telephone Tere Keller-Amaya at 356-0600. 92 C9g Hello