HomeMy WebLinkAbout950334.tiffRESOLUTION
RE: APPROVE PURCHASE OF SERVICES AGREEMENT BETWEEN BOARD OF
COOPERATIVE EDUCATIONAL SERVICES (BOCES) AND HUMAN SERVICES' FAMILY
EDUCATIONAL NETWORK OF WELD COUNTY (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 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 Human Services' FENWC, and BOCES, commencing
September 8, 1994, and ending May 31, 1995, 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
Human Services' FENWC, and 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 6th day of March, A.D., 1995, nunc pro tuns September 8, 1994.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CQLORf)O
ATTEST:
Weld County Clerk to the Board
BY. S1-�k_-- 44 0O,/
Deputy Clerk ( the Board
AP r ED AS TO FOR :
ounty Attorn-y
W. H. Webster
('it,' /Is; .3/ OCF C
Dale K. Hall, Chairman
FxCIJSFn
Barbara J. Kirkmeyey, Pro -Tern
j
/George f�
�
Baxter
Constance L. Harbert
950334
HR0065
PURCHASE OF SERVICE
AGREEMENT
THIS AGREEMENT made and entered into this 15th day of FEBRUARY, 1995, 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 Board of 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 in accordance with the Colorado Department
of Education Quality Standards for Early Childhood Care and
Education Services (included in these guidelines is a trained FENWC
teacher in the classroom at all times) in a licensed preschool 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. 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.
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6. Timely referrals (two weeks) for further testing made to BOCES
Child Find following concerns at the screening level or concerns
from the FENWC teacher.
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.
5. Reimburse FENWC seven hundred dollars ($700.00) per child served
by FENWC to be paid at eight -seven dollars and fifty cents ($87.50)
per child per month beginning September 7, 1994 for School District
RE -1 and October 4, 1994 for School Districts RE -3J and RE -5J.
a. FENWC will bill BOCES by the tenth of each month for payment
due to FENWC by the fifteenth of the following 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 7, 1994 through May 31,
1995 for students in School District RE -1 and October 4, 1994 through May 31,
1995 for students in School District RE -3J and RE -5J. This Agreement shall be
subject to review and renewal by the parties annually.
Termination of this 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.
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Modification of Agreement:
All modifications to this Agreement shall be in writing and signed by both
parties.
Assurances:
a. FENWC agrees that it is an independent contractor and that its
officers, employees, and clients do not become employees of BOCES,
and therefore are not entitled to any employee benefits as BOCES
employees, as a result of the execution of this Agreement.
b. Weld BOCES shall not be held liable for injuries or damages caused
by negligent acts or omisions of FENWC employees, volunteers, or
agents. FENWC shall not be held liable for injuries or damages
caused by any negligent acts or omissions of Weld BOCES or its
employees, volunteers, or agents while performing functions as
described in this Agreement. 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.
c. No officer, member, or employee of FENWC and 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.
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.
No portion of this Agreement shall be deemed to constitute a waiver of any
immunities of the parties or their officers or their 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.
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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 Modification of Agreement clause.
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 COOPERATIVE
EDUCATIONAL SERVICES
Cie
Dale Hall, Chairman 0a 1040195
WELD COUNTY CLERK TO THE BOARD
4_4_0
WELD COUN DIVISION OF HUMAN RESOURCES
WEL6"13OCES BOARD PRESIDENT
alter J. Speckman, Executive Director
mes A. Miller,
xecutive Director
950334
mEmoRAnDum
"DC
COLORADO
Board of County Commissioners
To Dale K. Hall, Chairman Date
t
March 3, 1995 1,11(
`i
From Walter J. Speckman, Executive Director, Human Services
Purchase of Service Agreement between FENWC and Weld
County Board of Educational Services.
Subject
Enclosed for Board approval is a Purchase of Service Agreement between 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.
The term of this Agreement is from September 8, 1994 through May 31, 1995.
If you have any questions, please call Tere Keller-Amaya at 353-3800, ext. 3342.
950334
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