HomeMy WebLinkAbout961178.tiff RESOLUTION
RE: APPROVE PURCHASE OF SERVICES AGREEMENT BETWEEN FENWC AND
WELD COUNTY SCHOOL DISTRICT RE-1 AND AUTHORIZE CHAIR 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 Services Agreement
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 Services,
Family Educational Network of Weld County, and Weld County School District RE-1,
commencing July 1, 1996, and ending June 30, 1997, with 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 Services Agreement 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 Services, 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 Chair 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 8th day of July, A.D., 1996, July 1, 1996.
BOARD OF COUNTY COMMISSIONERS
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PURCHASE OF SERVICES AGREEMENT
THIS AGREEMENT,made and entered into this 19 day of June, 1996,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 Services'
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 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 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 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-1 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 1, 1996,through August 30, 1997.
2. Geographic Areas to be Served:
Early Childhood Education 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
or 1988, House Bill 1341, and as per School District RE-1 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.
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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 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-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 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-1 and the State Department of Education with
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 1996 preschool student unit for School
District RE-1, for each preschool student, as per the Colorado School Finance Act
of 1988, House Bill 1341.
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FENWC reimbursement will be limited to a maximum of 48 student equivalents
as per Colorado Department of Education allocation of preschool slots.
School District RE-1's 1996 preschool student funding unit for the period
September 1, 1996,through May 31, 1997 is $2,100. The maximum to be
reimbursed to FENWC is $100,800 ($2,100 x 48 = $100,800.)
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 $11,200.00 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 obligations
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. 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 School District RE-1, its employees,volunteers, or agents while
performing this Agreement. School District RE-1, 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. School District RE-1 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.
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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. FENWC understands that monitoring and evaluation of the performance of this
Agreement shall be conducted by School District RE-1.
e. School District RE-1 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.
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 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 a 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.
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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-1
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Barbara J. Kirkmeyer, Chairper n D7/osJ% Dr. Cliff Yookhart, Superintendent
WELD COLIN Y DIVISION OF HUMAN SERVICES
er J. Speckman, Executive Director
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Deputy Clerk te)he Board
AITESTING TO BOARD OF COUNTY.
COMMISSIONER SIGNATURES ONLY
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Ap MEMORAnDU
WRIt Boar0arba of County eyr ,Commissioners
Barbara J. Iri_rkmeyer , Chairperson July 2 , 199E
To Date
6)04
COLORADO From Walter J . Spec]-man , Executive Director , Human 5erv. ces
Purchase of Service Foreement between FENWC & Weld
Subject:
County School District RF- 1. (Gil crest)
Enclosed for Board approval are three(3) Purchase of Service Agreements between the Family
Educational Network of Weld County and Weld County School District RE-1.
School District RE-1 agrees to reimburse FENWC the amount of the 1996 preschool student unit
for each preschool student, as per the Colorado School Finance Act of 1988, House Bill 1341.
School District RE-1 will reimburse FENWC a maximum of 48 student equivalents as per
Colorado Department of Education allocation of preschool slots.
School District RE-1's reimbursement per student funding unit for the period of
September 1, 1996, through May 31, 1997, is $2,100.00. The maximum to be reimbursed
to FENWC is $100,800.00.
The term of this Agreement is from September 1, 1996, through May 31, 1997.
If you have any questions, please telephone Tere Keller-Amaya at 353-3800, ext. 3342.
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