HomeMy WebLinkAbout940883 RESOLUTION
RE: APPROVE TWO PURCHASE OF SERVICE AGREEMENTS BETWEEN FAMILY EDUCATIONAL
NETWORK OF WELD COUNTY AND SCHOOL DISTRICT RE-5J
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 the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, on behalf of the Family Educational
Network of Weld County, and School District RE-5J, commencing September 7, 1994,
and ending May 31, 1995, 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 the County
of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, on behalf of the Family Educational Network of Weld County, and
School District RE-5J 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 21st day of September, A.D. , 1994, nunc pro
tunc September 7, 1994.
/0e47 BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, C LORADO
Weld County Clerk to the Board HASZ
P i WP
j. Webs ��// air an
BY: �!�/L
Deputy erk to the Board . Hall, Prom
APPROV S TO FORM: Dale e.' _ >„le>
eo ge Ed' Baxter ›.(kL
County Atto ney ----Con tance L. Harbert
Barbara J. Kirkmeyer
1 940883
IRf)G"G-2 de.: 1715; Et.S J
PURCHASE OF SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this .o-/ day of September, 1994, 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 the Weld County School District RE-5J, 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 leases and agrees to provide unto the
following described premises and services based upon the following terms and
conditions:
1. The School District agrees to provide hot lunches to the Head Start
classroom at the price of One Dollar and Sixty-Five Cents ($1.65) per
meal. The School District will submit a bill by the 10th of the month for
all services provided (space/transportation/meals) during the preceding
month, to Weld County Division of Human Resources, P.O. Box 1805, Greeley,
Colorado 80632. The term of this Agreement shall be from September 7,
1994, through May 31, 1995.
2. The School District agrees to provide meals in accordance with the
regulations of the United States Department of Agriculture's Child Care
Food Program as shown in Attachment A of this Agreement.
3. FENWC agrees to notify the School District within the first hour of the
beginning of the school day if there is a variance in the number of meals
needed for that day. Head Start shall notify the School District the day
before holidays and vacations that meals will not be needed for that
specified day(s) .
4. FENWC agrees that it will throughout the term of this Agreement comply
with the rules and regulations of the School District in effect from time
to time as they may affect the Head Start children.
5. The School District and FENWC mutually agree that this Agreement may be
modified, provided thirty (30) day written notice is provided to the other
party. Any modifications made to this Agreement must be agreed upon in
writing and signed by appropriate officials.
6. The School District and FENWC mutually agree to accept that this Agreement
be terminated by either party upon a thirty (30) day written notice being
provided to the other party. This Agreement will terminate immediately in
the event of a loss of funding to the FENWC Program.
7. 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. 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 the School District, its
employees, volunteers, or agents while performing this Agreement.
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The Schoo Jistrict, its officers and empl. ,aes, 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. The School
District 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. The School District understands that monitoring and evaluation of
the performance of this Agreement shall be conducted by the Weld
County Division of Human Resources and the results provided to the
Weld County Board of Commissioners.
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, handicap, or national origin be excluded
from participation in, be denied the benefits of, or be otherwise
subjected to discrimination under the approved Agreement.
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 COMMISSIONERS WELD COUNTY SCHOOL BOARD DISTRICT RE-5J
W. H. Webster, Chairperson 9 /49 Superintendent of Schools
WELD COUNTY DIVISION OF HUMAN SERVICES
a ter J. peckman, Exec tive Director
TEST:
WELD COUNTY CLERK TO THE ARD
•
By:
De uty Clerk o the Board
sTIr 1) POARD OF COUNTY
A;iSJ ,,.lzivaRecS ONLY
9408'93
PURCHASE OF SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this 0/at- day of September, 1994,
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-5J, hereinafter referred to as
"School District RE-5J".
WITNESSETH:
WHEREAS, School District RE-5J provides public education to the students
of the Weld County School District RE-5J, and
WHEREAS, School District RE-53 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-5J 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-5J 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, 1995.
2. Geographic Areas to be Served:
Early Childhood Education services shall be provided to eligible children
who are enrolled in School District RE-5J.
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-5J 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 al .arly intervention program for p. school 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-5J 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 child care 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-5J and the State Department of Education
with information for improving existing preschool programs and
designing effective programs for the future.
4. School District RE-5J Responsibilities:
a. Reimburse FENWC the amount of the 1994 preschool student unit for
School District RE-5J, 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 9 student
equivalents as per Colorado Department of Education allocation of
preschool slots.
School District RE-5J's 1993 preschool student funding unit for the
period September 7, 1994 through May 31, 1995 is $2,118.00. The
maximum to be reimbursed to FENWC is $19,062.00 ($2,118.00 x 9 =
$19,062.00.
b. Reimburse FENWC 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 programs dollars or
$2,118.00 per month.
940893
5. Modification of Areement:
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-5J.
7. Applicable Law:
FENWC agrees to follow policies and procedures of School District RE-5J 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-5J 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-5J or its employees, volunteers, or agents while performing
functions as described in this Agreement. School District RE-5J
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-5J 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-5J shall
provide Worker's Compensation Insurance for all employees of School
District RE-5J engaged in the performance of this Agreement.
c. No officer, member or employee of School District RE-5J 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-5J.
e. FENWC and School District RE-5J 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.
940893
f. No portio. f this Agreement shall be deeme co 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-5J
OF WELD COUNTY, COLORADO kid W.H. Webster, Chairperson q /qy Superintendent of Schools
ATTEST: ,( /y t k/%fr WELD COUNTY DIVISION OF HUMAN
�dp /(} SERVICES
WELD COUNTY CLERK TO IHE BOARD
By: Deput e k o the oard t . Speckman, Executive Director
9a0A93
isql*R1 ' mEmoRAnDum
I Board of County Commissioners ?`'" D 19 F 2: >
Wig P To W. H. Webster, Chairperson Date September 19, 1994
CLEF;(
COLORADO From Walter J. Speckman, Executive Director, Human S_ficesF?7� �d
Subject Purchase of Service Agreement between FENWC and School District
-bJ
Enclosed for Board approval are two (2) Purchase of Service Agreements between
FENWC and School District RE-5J.
The first Agreement is the Food Service Agreement.
• School District RE-5J agrees to provide hot lunches to the Head Start
classroom at the price of $1.65 per meal.
The second Agreement is the Preschool Program located at the Milliken Elementary
School.
▪ School District RE-5J agrees to reimburse FENWC the amount of the 1994
preschool student unit for each preschool student, as per the Colorado
School Finance Act of 1988, House Bill 1341.
▪ School District RE-5J will reimburse FENWC for up to 9 student equivalents
as per Colorado Department of Education allocation of preschool slots.
School District RE-5J will reimburse per student funding unit for the
period of September 7, 1994 through May 31, 1995 is $2,118.00. The
maximum to be reimbursed to FENWC is $19,062.00 ($2,118.00 x 9 =
$19,062.00) .
If you have any questions, please telephone Tere Keller-Amaya at 353-3800.
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