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HomeMy WebLinkAbout921012.tiff RESOLUTION RE: APPROVE COORDINATION AGREEMENT BETWEEN SCHOOL DISTRICT RE-3J AND FENWC 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 Coordination Agreement between School District RE-3J and Family Educational Network of Weld County, commencing October 15, 1992, and ending October 14, 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 Coordination Agreement between School District RE-3J and Family Educational Network of Weld County 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 19th day of October, A.D. , 1992, nunc pro tunc October 15, 1992. BOARD OF COUNTY COMMISSIONERS ATTEST: f/ /; .; 1Q r2# WELD COUNTY, COLORADO Weld County Clerk o the Board Geor e Ke nedy, Chairman BY: ++yy Deputy C1®kk to the Board Constance L. Harbert, Pro-Tem APPROVE, AS TO FORM: j C. W. Kir I County Attorney Gor y W. H. Webster 921012 /1-1)005 cc H2, Rc - 3v COORDINATION AGREEMENT BETWEEN SCHOOL DISTRICT RE-3J AND FAMILY EDUCATIONAL NETWORK OF WELD COUNTY THIS AGREEMENT, made and entered into this 12th day of October, 1992, by and between the County of Weld, State of Colorado, by and through the Board of 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-3J, hereinafter referred to as "School District RE-3J." WITNESSETH: WHEREAS, School District RE-3J provides public education to the students of the Weld County School District RE-3J, and WHEREAS, FENWC receives federal Head Start dollars and administers preschool services. WHEREAS, school District RE-3J and FENWC agree to enter into a twenty (20) year agreement for the purposes of: . enhancing pre-school learning opportunities, . facilitating successful transition of pre-school aged children into the District RE-3J Kindergarten, . promoting parental involvement in all levels of the elementary schools, . promoting educational success of District RE-3J/FENWC students. NOW, THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: 1. Term: The term of the Agreement between FENWC and District RE-3J shall be for the period beginning October 15, 1992, and ending October 14, of 1993. 2. Geographic Areas to be Served: Head Start Program services shall be provided to children who will be eligible for school District RE-3J Kindergarten programs. Portable classrooms will be located at Hudson Elementary School. 921012 COORDINATION AGREEMENT BETWEEN SCHOOL DISTRICT RE-3J AND FAMILY EDUCATIONAL NETWORK OF WELD COUNTY Page Two 3. FENWC Responsibilities: a. FENWC will provide portable classrooms for preschool services on the aforementioned School District RE-3J site, at no cost to School District RE-3J. The portable classrooms will remain on School District RE-3J property for a term of twenty (20) years contingent upon funding sources. One hundred eighty (180) days after FENWC ceases to run Preschool, the building will be removed and the area restored to original condition. The portable classrooms will be attached to School District RE-3J water and sewer taps, where available. The location of the portable classrooms to be determined by the Facilities Department at School District RE-3J. FENWC will provide sidewalks, ramps, and landscaping comparable to other School District RE-3J facilities. b. FENWC will reimburse School District RE-3J for utilities, to include: gas, electricity, sewage, and water at a rate of one dollar and twenty- five cents ($1.25) per square foot not to exceed two thousand forty dollars ($2,040.00) for the 1992-93 school year. Rates will be adjusted annually. c. FENWC will install one (1) telephone line in the portable building and pay for costs incurred. d. FENWC will reimburse School District RE-3J for custodial services and snow removal at a rate of one dollar and thirty-four cents ($1.34) per square foot to include labor, equipment, materials, and supervision, not to exceed two thousand one hundred ninety dollars ($2,190.00) for the 1992-93 school year. Rates will be adjusted annually. e. FENWC will reimburse School District RE-3J for building maintenance services at cost for labor time and materials. f. FENWC will implement the Head Start Program, and other programs to be located on School District RE-3J premises. g. FENWC will implement the Head Start Program, and other programs to be located on School District RE-3J premises. h. FENWC will 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. 921012 COORDINATION AGREEMENT BETWEEN SCHOOL DISTRICT RE-3J AND FAMILY EDUCATIONAL NETWORK OF WELD COUNTY Page Three i. FENWC will coordinate efforts among School District RE-3J staff, FENWC staff, and parents to maximize the opportunities for a successful transition of students and parents into the public school system. j . FENWC will provide support services such as transportation and child care to parents in order for them to attend training sessions and be actively involved in the Head Start Program and Early Childhood Education Programs. k. 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. 1. Developmental objectives/outcomes will be agreed upon by a FENWC/District RE- 3J team. m. FENWC will provide ongoing training for FENWC staff and parents. n. FENWC will provide adequate materials for staff and parents to enable them to implement teaching activities in the classroom and in the home. o. Supervision of the FENWC staff at the School District RE-3J site is the ultimate responsibility of FENWC. (See School District responsibility 4-e) . p. The FENWC teacher and teacher aide will attend Elementary School's staff meetings and the teacher will attend inservice trainings as appropriate. q. The FENWC teacher and teacher aide will provide adequate coverage for the classroom. 4. School District RE-3J Responsibilities: a. School District RE-3J will provide custodial and snow removal services for FENWC, see item 3-d. for reimbursable rate. b. School District RE-3J will provide maintenance services on a work order/loaded rate basis, see item 3-e. c. School District RE-3J will bill FENWC by the 15th of the month for previous month's charges. Bills will be sent to: Division of Human Resources Attn: Fiscal Department P.O. Box 1805 Greeley, CO 80632 921012 COORDINATION AGREEMENT BETWEEN SCHOOL DISTRICT RE-3J AND FAMILY EDUCATIONAL NETWORK OF WELD COUNTY Page Four d. School District RE-3J permits FENWC to house pre-school programs located at the Hudson Elementary School premises. e. The elementary school principal will provide input into the evaluation of FENWC's teachers and teacher aides. Monitoring shall include informal observations of the teacher and teacher aide. FENWC staff will adhere to sign in and sign out policies, those records to be shared with appropriate FENWC personnel. Any discrepancies or inefficiencies perceived by the principal will be brought to the immediate attention of the FENWC Director. f. Principals will participate in the hiring process of staff to be located at the elementary school site. FENWC has the final authority in the hiring/firing process of staff. g. School District RE-3J teaching staff (P-3) will be eligible to attend FENWC in-service training sessions as appropriate. 5. The School District agrees to provide lunches and milk for approximately 60 children at a cost of $1.65 and approximately 10 adults at a rate of $2.25 to the Head Start classrooms. The School District will submit a bill by the 10th of the month for the services provided during the preceding month, to Weld County Division of Human Resources, P.O. Box 1805, Greeley, Colorado 80632. 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. 6. 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 hereto, which is hereby incorporated into this agreement. 7. 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 be made (3) weeks after receipt of a statement of such charges from the School District. The rate will be a described in Paragraph 1 above. 8. 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. 921012 COORDINATION AGREEMENT BETWEEN SCHOOL DISTRICT RE-3J AND FAMILY EDUCATIONAL NETWORK OF WELD COUNTY Page Five b. Food and milk invoices. (Sent in weekly to the Food Services Office) . The records will be made readily available to FENWC for audit and review purposes. The School District will maintain the records within the record retention guidelines mandated by U.S.D.A. 9. FENWC will maintain a daily record of the number of meals served by type. 10. 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 care with respect to any persons not a party to this Agreement. 11. No portion of this Agreement shall be deemed to create an obligation on the part of the County of Weld, State of Colorado, or School District to expend funds not otherwise appropriate in each succeeding year. 12. 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. 13. The term of this Agreement shall be from October 1, 1992 through May 31, 1993. 14. This agreement may be amended at any time with the written mutual consent of both parties. 15. 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 immediately if Head Start funding is stopped. 16. School District warrants that foods delivered to and/or picked up by FENWC, as mutually agreed, shall be, at the point of transfer, free of contamination and at safe and appropriate temperatures in accordance with Department of Health and Sanitation standards. FENWC agrees to relieve School District from all liability and/or responsibility for any injury, damage, or loss to any person(s) arising from consumption of foods which have been turned over to FENWC for further transport and handling, and to indemnify and hold the School District harmless from such consequences. 921O12 COORDINATION AGREEMENT BETWEEN SCHOOL DISTRICT RE-3J AND FAMILY EDUCATIONAL NETWORK OF WELD COUNTY Page six 17. Modification: All modifications to this Agreement shall be in writing and signed by both parties. 18. Assignment: This Agreement shall be binding upon the parties hereto, their successors, heirs, legal representatives, and assigns. Neither party may assign any of its rights or obligations hereunder without the prior written consent of the other party. 19. Resolution of Disagreement: If a problem/disagreement should occur, the appropriate parties and Early Childhood Specialist should be notified immediately. If the problem/disagreement still can not be resolved, it will be taken to a higher authority in both agencies. 20. Apllicable Law: FENWC agrees to follow policies and procedures of School District RE-3J as construed in accordance with the Colorado School Finance Act of 1988, regulations and other applicable laws and regulations. (See Attachment I) 21. Assurances: a. FENWC agrees that it is an independent contractor and that its officers, employees, and clients do not become employees of School District RE-3J, and therefore are not entitled to any employee benefits as School District RE-3J employees, as a result of the execution of this Agreement. b. School District RE-3J agrees that it is an independent contractor and that its officers, employees, and clients do not become employees of FENWC, and therefore are not entitled to any employee benefits as FENWC employees, as a result of the execution of this Agreement. 921012 COORDINATION AGREEMENT BETWEEN SCHOOL DISTRICT RE-3J AND FAMILY EDUCATIONAL NETWORK OF WELD COUNTY Page seven c. School District RE-3J, the School Board of District RE-3J, its officers and employees, 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. FENWC, by and through 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-3J, the School Board of RE-3J, its employees, volunteers and agents engaged in the performance of this Agreement. FENWC, by and through the Board of Weld County commissioners, shall provide adequate liability and worker's compensation insurance for all of its employees, volunteers and agents engaged in the performance of this Agreement, as required by the Colorado Worker's Compensation Act. Likewise, School District RE-3J shall provide Worker's Compensation Insurance for all employees of School District RE-3J engaged in the performance of this Agreement. d. No officer, member, or employee of School District RE-3J and no member of their governing bodies shall have any pecuniary interest, direct or indirect, in the approved Agreement or the proceeds thereof. e. School District RE-33 understands that monitoring and evaluation of the performance of this Agreement shall be conducted by FENWC, in conjunction with School District RE-3J. School District RE-3J will provide to FENWC a written semi-annual report outlining their assessment of the strengths and weaknesses of this Agreement. f. FENWC and School District RE-3J 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. 22. 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. 23. 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. 921.012 COORDINATION AGREEMENT BETWEEN SCHOOL DISTRICT RE-3J AND FAMILY EDUCATIONAL NETWORK OF WELD COUNTY Page Eight 24. 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 unconstitutional or invalid. 25. Waiver of Immunities/Third-Party Liability: 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 care with respect to any persons not a party to this Agreement. 26. Non-Appropriation: No portion of this Agreement shall be deemed to create an obligation ob the part of School District RE-3J, the County of Weld, State of Colorado, to expend funds not otherwise appropriated in each succeeding year. 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 COUNTY WELD COUNTY SCHOOL DISTRICT RE-3J COMMISSIONERS �,��y /f George Ke nedy, Chairman /004 9�- J n Carlson, Chairman 9 J/pI� School District RE-3J Board ATTEST ,._!, ' �' -'��j �� �U w2 WELD COUNTY CLERK TO THE BOARD Dr. Dennis Disario, Superintendent BY: Deputy Clerk to the _.>..44-- WELD COUNTY /DIVISION OF HUMAN RESOURCES 1p, �/ Wal r5' Speckman, Executive Director 7 921012 tc mEmoRAnDum Wilk To George Kennedy, Chairman October 19, 11 2 ' Date COLORADO From Walter J. Speckman, Executive Director, Human R{elsburices Wart. subject: Coordination Agreement between FENWC and School District RE-3d Enclosed for Board approval is a Coordination of Service Agreements between the Family Educational Network of Weld County (FENWC) and the Weld County School District Re-3J, (School District RE-3J) . School District RE-3J permits FENWC to house pre-school programs located at the Hudson Elementary School premises. Principals will participate in the hiring process of staff and provide input into the evaluation of FENWC's teachers and teacher aides. School District RE-3J agrees to provide maintenance, custodial and snow removal services. FENWC agrees to reimburse School District RE-3J for utilities, to include: gas, electricity, sewage, and water at a rate of one dollar and twenty-five cents ($1.25) per square foot not to exceed two thousand forty dollars ($2,040. ) for the 1992-93 school year. Rates will be adjusted annually. FENWC will reimburse School District RE-3J for custodial services and snow removal at a rate of one dollar and thirty-four cents ($1.34) per square foot not to exceed two thousand one hundred ninety dollars ($2,190.00) for the 1992-93 school year. Rates will be adjusted annually. FENWC agrees to reimburse School District for lunches and milk for 60 children at a cost of $1.65 and approximately 10 adults at a rate of $2.25. The term of this agreement is from October 15, 1992 thru October 14, 1993. If you have any questions, please call Tere Keller-Amaya at 356-0600. TKA/en 921012 Hello