HomeMy WebLinkAbout940884 RESOLUTION
RE: APPROVE TWO PURCHASE OF SERVICE AGREEMENTS BETWEEN FAMILY EDUCATIONAL
NETWORK OF WELD COUNTY AND SCHOOL DISTRICT RE-3J
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-3J, 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-3J 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.
BOARD OF COUNTY COMMISSIONERS
ATTEST: tat%
WELD COUNTY, COLORADO
Weld County Clerk to the Board W V t/` )fit
Rine! W. H. Webster, Ch irm n
BY: jALM Rine c.)
Deput Clerk to the Board Dale . Hall, Prr Tem
P
APPROVED AS TO FORM: Cc
eorge . Baxter
ounty Attars y Con tance L. Harbert
Barbara J. Kirk yer� 940884
ce < i-f3J £e3 J
PURCHASE OF SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this 2/atday 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-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, School District RE-3J 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-3J 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-3J 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-3J.
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-3J 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 a :arly intervention program for } .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-3J 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-3J and the State Department of Education
with information for improving existing preschool programs and
designing effective programs for the future.
4. School District RE-3J Responsibilities:
a. Reimburse FENWC the amount of the 1994 preschool student unit for
School District RE-3J, 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-3J's 1993 preschool student funding unit for the
period September 7, 1994 through May 31, 1995 is $2,230.00. The
maximum to be reimbursed to FENWC is $20,070.00 ($2,230.00 x 9 =
$20,070.00.
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
$2,230.00 per month.
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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-3J.
7. Applicable 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.
House Bill 1341, regulations and other applicable laws and regulations.
8. Assurances:
a. School District RE-3J 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-3J or its employees, volunteers, or agents while performing
functions as described in this Agreement. School District RE-3J
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-3J 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-3J shall
provide Worker's Compensation Insurance for all employees of School
District RE-3J engaged in the performance of this Agreement.
c. 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 of the proceeds
thereof.
d. FENWC understands that monitoring and evaluation of the performance
of this Agreement shall be conducted by School District RE-3J.
e. 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 form participation in, be denied and benefits of, or be
otherwise subjected to discrimination under the approved Agreement.
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f. No portio f this Agreement shall be deems to 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-3J
OF WELD COUNTY, COLORADO
kik 'J - ` a0'r '
W.H. Webster, Chairperson 670 School Dis ct RE-3J Board
ATTEST: �� Dr. Dennis Disario, Superintendent
WELD COUNTY DIVISION OF HUMAN
SERVICES
WE COUNTY CLERK THE BOARD
By: Deputy C tot Board r . Speckman, Execu Director
940894
COORDINATION AGREEMENT BETWEEN SCHOOL DISTRICT RE-3J AND
FAMILY EDUCATIONAL NETWORK OF WELD COUNTY
THIS AGREEMENT, made and entered into this 442,Taay of September, 1994, 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 purpose of:
enhancing preschool learning opportunities,
facilitating successful transition of preschool aged children into
the District RE-3J Kindergarten,
promoting parental involvement in all levels of the elementary
schools,
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 School District RE-3J shall be
for the period beginning October 1, 1994, through June 10, 1995.
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.
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.
940S94
The porta a classrooms will be attached 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 install one (1) telephone line in the portable building
and pay for costs incurred.
c. 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 1994-1995 school year. Rates will adjusted
annually.
d. FENWC will reimburse School District RE-3J for building maintenance
services at cost for labor time and materials.
e. FENWC will implement the Head Start Program, and other programs to
be located on School District RE-3J premises.
f. 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.
g. 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.
h. 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.
i. 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.
j . Developmental objectives/outcomes will be agreed upon by a
FENWC/District RE-3J team.
k. FENWC will provide ongoing training for FENWC staff and parents.
1. FENWC will provide adequate materials for staff and parents to
enable them to implement teaching activities in the classroom and in
the home.
m. Supervision of the FENWC staff at the School District RE-3J site is
the ultimate responsibility of FENWC. (See School District
Responsibility 4-e) .
n. The FENWC teacher and teacher aide will attend Elementary School's
staff meetings and the teacher will attend inservice trainings as
appropriate.
940894
o. The FENWC eacher and teacher aide will p, vide 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:
Weld County Division of Human Resources
Attention: Fiscal Department
P.O. Box 1805
Greeley, Colorado 80632
d. School District RE-3J permits FENWC to house preschool 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 inservice training sessions as appropriate.
5. The School District RE-3J 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. School District RE-3J agrees to provide
information on the cost of quantity of lunches served to enable FENWC to
comply with USDA reimbursement requirements.
6. School District RE-3J 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 School District RE-3J. The
rate will be as described in Paragraph 1 above.
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8. School District ill maintain the following reco_ .s 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.
b. Food and milk invoices. (sent in weekly to Food Services Office) .
The records will be made readily available to FENWC for audit review
purposes. School District RE-3J will maintain the records within the
record retention guidelines mandated by U.S.D.A.
9. FENWC will maintain daily record of the number of meals served by type.
10. This agreement may be amended at any time with the written mutual consent
of both parties.
11. School District RE-3J 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.
12. School District RE-3J 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 RE-3J 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 School District RE-3J harmless from such
consequences.
13. All modifications to this Agreement shall be in writing and signed by both
parties.
14. 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.
15. 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.
16. 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)
12. Assurances:
a. The School District RE-3J 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.
940R+S4
b. FENWC, ti. Weld County Board of ComYYmissiL.1ers, its officers and
employees, shall not be held liable for injuries or damages caused
by any negligent acts or omissions of the School District RE-3J, its
employees, volunteers, or agents while performing this Agreement.
The School 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. The School
District RE-3J 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 RE-3J 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 RE-3J 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 DISTRICT RE-3J
f lu �&4 .9 a
W.H. Webster, Chairperson A4/0 c ool Dist ct RE-3J Board
WELD COUNT IIVISION OF HUMAN SERVICES
Dr. Dennis Disario, Superintendent
a er SpJ .1, qc cut. e Director
TEST ► r / iT/
WELD COUNTY CLERK TO T BOARD
By:
De uty Clerc to t -d
INTI".'S TO 6iAID C. uuu,
niii ANcn S,G IATURES ONLY
pT
94011134
mEMORAnDUM ranael 4T
WineBoard of County Commissioners ' F,1 311
To W.H. Webster, Chairperson Date September 19. 77.g9
LLir(
COLORADO From Walter J. Speckman, Executive Director Human r r11 '`es
Subject: Purchase of Service Agreement between FENWC and School Distrirt RE-3J
Enclosed for Board approval are two (2) Purchase of Service Agreements between
FENWC and School District RE-3J.
The first Agreement is for food, custodial, and snow removal with School District
RE-3J.
School District RE-3J 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.
School District RE-3J agrees to provide custodial and snow removal at a
rate of $1.34 per square foot to include labor, equipment, materials and
supervision, not to exceed $2,190.00 for the 1994-1995 school year. Rates
will be adjusted annually.
The second Agreement is for the Preschool Program located at the Hudson
Elementary School premises.
• School District RE-3J 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-3J will reimburse FENWC for up to 9 student equivalents
as per Colorado Department of Education allocation of preschool slots.
School District RE-3J will reimburse per student funding unit for the
period of September 7, 1994 through May 31, 1995 is $2,230.00. The
maximum to be reimbursed to FENWC is $20,070.00 ($2,230.00 x 9 =
$20,070.00) .
If you have any questions, please telephone Tere Keller-Amaya at 353-3800.
940884
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