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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 -
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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.
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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) .
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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.
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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.
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