HomeMy WebLinkAbout920896.tiff RESOLUTION
RE: APPROVE PURCHASE OF SERVICE AGREEMENT BETWEEN FAMILY EDUCATIONAL NETWORK
OF WELD COUNTY AND BOARD OF COOPERATIVE EDUCATIONAL SERVICES 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 the Board of
Cooperative Educational Services (BOCES) , 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 (FENWC) and the Board of Cooperative
Educational Services (BOCES) 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 September 8, 1992.
� BOARD OF COUNTY COMMISSIONERS
ATTEST: D44 / ui ��� WELD CO NTY, COLORADO
Weld County Clerk to the Board
/ George Kennedy, Chairman
BY: /Z ,. .4 • -P��- k'
Deputy Clerk to the Board Constance L. Har ert, Pro-Tem
APPROVED AS T FORM: EXCUSED
C. W. Kir
County Attorney Go . ac
W. kr/te/ ijii4VA
920896
I I 7cCi>; ; CO ' lift, aQc.FJ
PURCHASE OF SERVICES AGREEMENT,
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THIS AGREEMENT, made and entered into this 7 day of September, 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 Board of Cooperative Educational Services, hereinafter
referred to as "BOCES' .
WITNESSETH
That for and in consideration of the covenants herein agree to be kept and
performed. FENWC agrees to provide the following described services based upon
the following terms and conditions:
1. Provide a Developmentally Appropriate Early Childhood Educational
Experience for children, three (3) to five (5) years of age, identified by
BOCES as having special needs in School Districts RE-1, RE-37 and RE-57.
The amount of time spent in classroom activities will be determined by the
child's Individual Educational Plan (IEP) .
2. Integrate identified special needs children into a classroom setting with
other children.
3. Provide transportation for children.
4. Supervise daily classroom activities.
5. Ensure that the parents are involved in the educational process of their
children.
BOCES agrees to provide the following described services based upon the following
terms and conditions:
1. Provide therapeutic services to identified three (3) to five (5) year old
students as determined by their IEP.
2. Provide certified classroom supervisors for the identified students and
support services for the classroom teachers of FENWC.
3. Supervision of therapeutic support services provided to children, families
and FENWC staff.
4. BOCES will subcontract with designated providers of service to comply with
PL 99-457.
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5. Reimburse FENWC seven hundred dollars ($700.00) per child served by FENWC
to be paid at eighty-seven dollars and fifty cents ($87.50) per child per
month, due the thirtieth of each moth beginning September 8, 1992 through
May 1993.
a. FENWC will bill BOCES by the tenth of each month for payment due to
FENWC by the thirtieth of each month.
b. A month will be considered the 1st through the 30th; however, if a
child starts after the 15th of a month BOCES will be billed for 1/2
month ($43.75) .
Term of Agreement:
The term of this Agreement is from September 8, 1992 through May 31, 1993. This
Agreement shall be subject to review and renewal by the parties annually.
Termination of Agreement:
Either party may terminate this Agreement without cause by giving thirty (30)
calendar days written notice to the other party. Termination may also result
automatically upon loss of federal funding to Head Start.
Modification of Agreement:
All modifications to this Agreement shall be in writing and signed by both
parties.
Assurances:
a. Weld BOCES 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 BOCES or its employees, volunteers, or
agents while performing functions as described in this Agreement. BOCES
shall indemnify, defend and hold harmless Weld County, the Board of County
Commissioners of Weld County, its offices and employees for any loss
occasioned as a result of the performance of this Agreement by its
employees, volunteers, clients and agents. BOCES 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. BOCES shall provide
worker's compensation insurance for all employees of BOCES 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 workers compensation
insurance for all its employees, volunteers and agents engaged in the
performance of this Agreement.
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c. No officer, member, or employee of Weld County an no member of their
governing bodies shall have any pecuniary interest, direct or indirect, in
the approved Agreement or the proceeds thereof.
d. BOCES 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 Board of County Commissioners of Weld
County.
e. BOCES and FENWC assure compliance with Title VI of the Civil Rights Acts
of 1986, and 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 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.
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, paragraphs, sentences,
clauses or phrases might be declared to be unconstitutional or invalid.
Entire Agreement:
This Agreement constitutes the entire understanding between the parties hereto
with respect to the subject matter hereof, and may not be changed or modified
except as stated in the Termination of Agreement Clause.
sees
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as
of the day, month, and year first above written.
WELD COUNTY BOARD OF COMMISSIONERS WELD BOARD OF EDUCATION SERVICES
LAID-
George Kennedy, Chairman p • J' filler, E ecutive Director
ATTEST:
jadillillikel7
WELD BOCES BOARD
WELD COUNTY CLERK TO THE BOARD PRESIDENT OR DESIGNEE
By' i� 17
e y Clerk td the Board S
WELD COUNTY DIVISION OF HUMAN RESOURCES
WaV)6rJ. Speckman, Executive Director
92,039,S
cc\MMEMORAnDU
Board o£ County Commissioners
To George Kennedy, Chairman Date September 16, 1992
COLORADO From Walter J. Speckman, Executive Director, Human Resources )1671
Subject: Purchase of Service Agreement between FENWC and BOCES
Enclosed for Board approval are three (3) Purchase of Service Agreements between
the Family Educational Network of Weld County (FENWC) and the Board of
Cooperative Educational Services (BOCES) .
BOCES agrees to provide the following services:
• Therapeutic services to identified three (3) to five (5) year old
students as determined by their IEP
• provide certified classroom supervisors for the identified students
and support services for the classroom teachers of FENWC
• BOCES will subcontract with designated providers of service to
comply with PL 99-457
• BOCES will reimburse FENWC seven hundred dollars ($700.00) per child
served by FENWC to be paid at eighty seven dollars and fifty cents
($87.50) per child per month, due the thirtieth of each month
FENWC agrees to provide the following services:
▪ provide a Developmentally Appropriate Early Childhood Educational
experience for children, three (3) to five (5) years of age,
identified by BOCES as having special needs in School Districts RE-
1, RE-3J and RE-5J
▪ integrate identified special needs children into a classroom setting
with other children
• provide transportation for children
▪ FENWC will bill BOCES by the tenth of each month for payment due to
FENWC by the thirtieth of each month
The term of this Agreement is from September 8, 1992 through May 31, 1993.
If you have any questions please call Tere Keller-Amaya at 356-0600.
920896
September 17, 1992
MEMORANDUM
TO: Clerk to the Boat
FR: Susan Talmadge, B Resources
RE: Purchase of Services Agreement between the
Weld County Division of Human Resources'
Family Educational Network of Weld County
and the Board of Cooperative Educational
Services (BOCES) .
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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