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Home My WebLink About982021.tiff RESOLUTION RE: APPROVE NINE PURCHASE OF SERVICES AGREEMENTS WITH VARIOUS ENTITIES 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 nine Purchase of Services Agreements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Human Services Department, and the following entities: 1. School District RE-3J for meal and maintenance services 2. School District RE-3J for Colorado Preschool slots 3. School District RE-1 for lunch meal service 4. School District RE-1 for Colorado Preschool slots 5. School District 6 for meal service 6. Plan DeGrandchamp Salud del Valle for health services 7. School District RE-5J for meal and maintenance services 8. School District RE-5J for Colorado Preschool slots 9. School District RE-1J for meal service at the Frederick Center WHEREAS, the terms and conditions are 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 nine Purchase of Services Agreements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Human Services Department, and the above mentioned entities be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreements. 982021 HR0069 NINE PURCHASE OF SERVICES AGREEMENTS WITH VARIOUS ENTITIES PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of October, A.D., 1998. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO , ATTEST: Ade/ �� -G�rz-1- -i�.r.,,,-, w_c�_ Constance L. H rber1„ Chair Weld County Clerk to th B• r, u t if/(4) / / , sV W. H. bster, Pro-Tem BY: %7� %a�L.:,. ! -,_:,.,, Deputy Clerk to the .' ii;llt 1 � eorge E. axter ROV TO FORM: I Dale . Hall Attorn ukt,_ ,1 /H ,r/___, arbara J. Kirkmeyer 982021 HR0069 MEMORANDUM TO: Weld County Board of County Commissioners WilliO FROM: Walter J. Speckman, Executive Director, DHS r,E C. DATE: October 21, 1998 COLORADO SUBJECT: FENWC/Head Start Purchase of Service Agreements Presented before the Weld County Board of Commissioners are purchase of Service Agreements between FENWC and the following: 1. The Colorado Department of Health and Environment, Child Adult Care Food Program, for reimbursement to FENWC for meals served to eligible children. 2. School District RE-3J (Hudson) for meal services and maintenance; $1.10 per child breakfast, $1.25 per adult breakfast, $1.65 per child lunch, $2.25 per adult lunch, and $.65 per snack. Maintenance will be billed at $1 .34 per square foot, not to exceed $2,190.00. 3. School District RE-3J for Colorado Preschool Slots (CPP). FENWC will be reimbursed $2,052.00 ($57,456.00 maximum)to provide services for 28 CPP children, and $800.00 per child with identified special needs. 4. School District RE-1 for lunch meal service. Lunch will be provided to children for$1.50 per meal, and $2.10 per adult. 5. School District RE-I for Colorado Preschool Slots (CPP). FENWC will be reimbursed $2,118.00 ($101,664.00 maximum) to provide services for 48 CPP children. 6. School District 6 for meal service; breakfast$1.25, lunches - $2.50, and snacks - $.75. 7. Plan de Salud del Valle for Health Services (medical and dental) to children served in south county. Health services/physical $28.00 per visit, and dental services $60.00 per child. Services will be billed to medicaid and private insurance for children enrolled in these programs. 8. ' School District RE-5J for meal service and maintenance. FENWC will billed $1.75 per lunch and $3,400 for maintenance services and transportation for children off RE-5J normal route. 9. School District RE-5J for Colorado Preschool Slots (CPP). FENWC will be reimbursed $2,138.00 ($19,242.00 maximum) to provide services for 9 CPP children. 10. School District RE-1J for meal services for the Frederick Center. FENWC will be billed $1.00 per breakfast, lunches for children - $1.75, lunches for adults - $2.05 (with milk $2.30), and snacks - $.85. 11. Colorado Action for Healthy People. FENWC will be reimbursed $9,600.00 to provide services to Head Start children for year two of the Child Healthy Habits Project. 982021 PURCHASE OF SERVICES THIS AGREEMENT,made and entered into this 2/st day of September 1998,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"1,EN W C"and Weld County School District RE-1J,hereinafter referred to as"School District." WITNESSETH THAT FOR AND IN CONSIDERATION OF the covenants herein agreed to be kept and performed,the School District hereby agrees to provide FENWC the following described services based upon the following terms and conditions: 1. The School District will provide lunches and milk for approximately thirty(30)children at a cost of one dollar and seventy-five cents ($1.75) per child, Tuesday through Friday, and breakfast for approximately fifteen(15)children at one dollar($1.00)cents,and snack for approximately fifteen (15)children at a rate of eighty-five ($.85)cents. The School District will provide lunches only at a cost of two dollar and five($2.05)per adult,and lunches and milk at a cost of two dollars and thirty cents($2.30)per adult,breakfast and snack per adult are the same cost as for children. 2. FENWC agrees to notify the School District kitchen by 9:30 a.m. daily of the number of children lunches and the number of adult lunches needed. These lunches will be picked up by FENWC between 10:30 a.m. - 11:15 a.m. FENWC shall notify the School District the day before any holiday or vacation that meals will not be needed for those specified days. Breakfasts are picked up at 8:00 a.m. 3. The School District will submit a bill for services to the Weld County Division of Human Services, P.O.Box 1805,Greeley, Colorado,80632,by the 10th of the month for services provided during the preceding month. 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. 9Y.,;30,2 / 4. 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 made within three(3)weeks of the receipt of a statement of such charges from the School District. The rate will be as described in item#1 above. 5. FENWC agrees to provide the containers necessary for food transportation,and proper food storage equipment and further agrees to provide for all transportation of the food from the School District to the FENWC Center. 6. The School District agrees to provide meals in accordance with the regulations of the United States Department of Agriculture's Child Adult Care Food Program as shown in Attachment A hereto,which is hereby incorporated into this Agreement. 7. 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. b. Milk invoices. (Sent in monthly)to the Food Services Office). 8. FENWC will maintain a daily record of the number of meals served by type. 9. The term of this Agreement shall be from September 28, 1998 through June 11, 1999. 10. This Agreement may be amended at any time with the written mutual consent of both parties. 11. 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 if Head Start or Colorado Preschool Program funding is stopped. Q 2o. / 12. ASSURANCES: a. The School District 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 or omissions of the School District or its employees, volunteers, or agents while performing functions as described in this Agreement. The School District 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. The School District 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. The School District shall provide Worker's Compensation for all employees of the School District 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 Worker's Compensation Insurance for all its employees, volunteers and agents 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 of indirect in the approved Agreement of the proceeds thereof. d. The School District understands that monitoring and evaluation of the performance of the 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. The School District and FENWC assure compliance with Title VI of the Civil Rights Acts of 1986,and that 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. 9b20? / 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 deemed to created an obligation on the part of the County of Weld,State of Colorado,to expend funds not otherwise appropriated in each succeeding year. 13. 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 to be unconstitutional or invalid. IN WITNESS WHEREOF,the parties hereunto have caused this Agreement to be duly executed as of the day, month, and year first hereinabove set forth. WELD COUNTY BOARD OF BOULDER COUNTY DISTRICT RE-1J COMMISSIONERS �o �� d.�>G • L-1/4 tite-tchi Constance L. Harbert, Chairperson (47//98) Cy is Greule,Director Food Services Department ATTEST: 44/ WELD COUNTY DIVISION OF HUMAN SERVICES WELD COUNTY CLER C5), Wplfe . Speckman,Executive Director A,1 � By: Deputy Clerk to the Boar. U.N 9 ,700.1 PURCHASE OF SERVICES AGREEMENT THIS AGREEMENT, made and entered into this a & d7 day of August, 1998 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 "1FENWC", and Weld County School District RE-5J, hereinafter referred to as "School District RE-5J". WITNESSETH: WHEREAS, School District RE-5J provides public education to the students of the Weld County School District RE-5J, and WHEREAS,School District RE-5J wishes to expand its services on behalf of children who are preschool age and eligible under the Colorado School Finance Act of 1994,House Bill 1341,and WHEREAS,School District RE-5J receives funding and authority for the Colorado School Finance Act of 1994,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-5J 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, 1998, through May 30, 1999. 2. Geographic Areas to be Served: Early Childhood Education services shall be provided to eligible children who are enrolled in School District RE-5J. 92o2 / 3. FENWC Responsibilities: a. Implement the Preschool Program as defined in the Colorado School Finance Act or 1994, House Bill 1341, and as per School District RE-5J 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. 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-5J 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. NENWC 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. qYa . m. Provide School District RE-5J and the State Department of Education with information for improving existing preschool programs and designing effective programs for the future. n. Be responsible for all direct billing of parents, of students who are enrolled on a tuition basis. 4. School District RE-5J Responsibilities: a. Reimburse 1-tNWC the amount of the 1998 preschool student unit for School District RE-5J,for each preschool student, as per the Colorado School Finance Act of 1988, House Bill 1341. School District RE-5J's 1998 preschool student funding unit for the period September 1, 1997 through May 30, 1998 is $2,138.00. The amount to be reimbursed for 9 children to FENWC is$19,242.00($2,138.00 x 9) =$19,242.00. Should the School District receive additional CPP slots FENWC will be reimbursed$2,138.00 per child. b. Reimburse FENWC at the end of each month (October, November, December, January, February, March, April, and May) for program operation with one-eighth (1/8) of total budgeted program dollars or a maximum of$2,405.25 per month, for 9 children. Should funding be increased the dollar amount will be adjusted accordingly. 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-5J. 7. Applicable Law: FENWC agrees to follow policies and procedures of School District RE-5J as construed in accordance with the Colorado School Finance Act of 1994.House Bill 1341,regulations and other applicable laws and regulations. 9po2& / 8. Assurances: a. School District RE-5J 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-5J or its employees, volunteers, or agents while performing functions as described in this Agreement. School District RE-5J 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-5J 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-5J shall provide Worker's Compensation Insurance for all employees of School District RE-5J engaged in the performance of this Agreement. c. No officer, member or employee of School District RE-5J 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-5J. e. HENWC and School District RE-5J 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. 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, 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. 9gao( .Z � 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 OF WELD COUNTY, COLORADO DISTRICT RE-5J BOARD OF DIRECTOR oks.akia-c. al / Gyr_ -vco Constance L. Harbert, Chairperson (lo/a* Chairperso /Ja Pendar, Superintendent ATTEST: / J a WEL UNTY DIVISION OF HUMAN WELD COUNTY CLER O "A '_iS ' SERVICES By: Deputy Clerk to the Board ®u Wi l W / J. Speckman, Executive Director 99aoa I PURCHASE OF SERVICES AGREEMENT THIS AGREEMENT, made and entered into this o17 K day of August, 1998, 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 the Weld County School District RE-5J, hereinafter referred to as "School District." WITNESSETH THAT FOR AND IN CONSIDERATION OF the covenants herein agreed to be kept and performed,the School District hereby leases and agrees to provide unto the following described premises and services based upon the following terms and conditions: 1. The School District agrees to provide hot lunches to the Head Start classroom at the price of One Dollar and Seventy-Five Cents($1.75)per meal. The School District will submit a bill by the 10th of the month for the following services provided: space, transportation, and meals during the preceding month,to Weld County Division of Human Services,P.O.Box 1805,Greeley,Colorado 80632. The term of this Agreement shall be from September 1, 1998, through May 30, 1999. 2. 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. 3. FENWC agrees to notify the School District within the first hour of the beginning of the school day if there is a variance in the number of meals needed for that day. Head Start shall notify the School District one week before holidays and vacations that meals will not be needed for that specified day(s), if different from submitted calendar. 4. FENWC agrees that it will throughout the term of this Agreement comply with the rules and regulations of the School District in effect from time to time as they may affect the Head Start children. 5. The School District and FENWC mutually agree that this Agreement may be modified,provided thirty (30) day written notice is provided to the other party. Any modifications made to this Agreement must be agreed upon in writing and signed by appropriate officials. 6. FENWC will reimburse School District RE-5J for maintenance services, snow removal and transportation(for off route children)to include labor,equipment,materials,and supervision,not to exceed$3,400.00 ($3,400.00) for the 1998-1999 school year. 9%ate 7. The School District will provide in-kind transportation for children on"regular"routes,at the per pupil cost as determined by the Colorado Department of Education. The cost figure will be submitted to FENWC by December 31, 1998. 8. The School District and FENWC mutually agree to accept that this Agreement be terminated by either party upon a thirty (30) day written notice being provided to the other party. This Agreement will terminate immediately in the event of a loss of funding to the FENWC Program. 9. Assurances: a. The School District 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 the School District, its employees, volunteers,or agents while performing this Agreement. The School District, 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 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 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 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 herein above set forth. WELD COUNTY BOARD OF COMMISSIONERS WELD COUNTY SCHOOL DISTRICT RE-5i (/� BO�jyRD OF�iIREC>TORS VOe .P /X n7R J.1'i y� Constance L. Harbert, Chairperson (io/ i f q 8) Chairperson (J Ja P dar, Superintendent WELD COUNTY DIVISION OF HUMAN SERVICES \ / W t J. Speckman, Executive Director ATTEST: Le WELD COUNTY CLER 0 • By: 4'€zL4 sl:.nor_' Deputy Clerk to the Board _,/i 3 // PURCHASE OF SERVICES AGREEMENT THIS AGREEMENT, made and entered into this &/s/ day of September, 1998 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 the Plan de Salud del Valle, hereinafter referred to as "Health Center." WITNESSETH WHEREAS, hENWC is required to provide medical/dental services according to the Head Start Performance Standards 45CFR 1304-1, 3,4, & 5. NOW THEREFORE,in consideration of the premises,the parties hereto covenant and agree as follows: 1. The Health Center shall provide the health/dental services for the Head Start Centers located at 340 Maple, Frederick and the Hudson Head Start Center located at 300 Beach, Hudson. The Hudson children will receive services in Ft.Lupton and the Frederick children will receive the services in Frederick. Services and appropriate documentation will be complete by the end of the program year. a. The Health Center will schedule appointments for referred children. b. FENWC will provide transportation for children and families to make appointments as necessary. 2. The Health Center agrees to provide all physical examinations and update immunizations, hematocrit, blood pressure, hearing, vision and height and weight necessary for any Head Start child. 3. FENWC agrees to reimburse the Health Center at the rate of $28.00 per child, for health services not to exceed 214 encounters for a total reimbursement of$5,992.00. Children must have a written referral to receive services above and beyond Physical Examinations. Prescriptions will not be covered in the above cited rate. Wa?OG? 4. The Health Center shall provide prophylaxis therapy and application of topical fluoride for each Head Start child. The Health Center agrees to provide all restoration and/or extractions as deemed necessary on each referred child. 5. FENWC agrees to reimburse the Health Center$60.00 per child for dental examinations and other dental services as needed, not to exceed $5,400.00 for a maximum of ninety (90) children. 6. FENWC will not be charged for those children covered by Medicaid or private insurance. Medicaid numbers shall be provided at the time of the appointment and the Health Center shall send the billing to the appropriate agency. 7. The Health Center will submit itemized bills according to child to FENWC for all services: Family Educational Network of Weld County Attention: Dixie Hansen P.O. Box 1805 Greeley, Colorado 80632 8. This Agreement may be modified upon the written consent of both parties. 9. Services not reimbursed by FENWC,the amount will be designated as a non-federal match/in- Kind contribution to the FENWC Program on behalf of the Health Center. Non-Federal match/In-Kind must be documented and submitted with the bills. 10. The Health Center and FENWC mutually agree that this Agreement may be canceled by either party after a thirty(30) day written notice. This Agreement will be terminated immediately in the event funding for the Head Start Program is stopped. 11. The term of this Agreement is from October 1, 1998 through September 30, 1999. 12. The Health Center assures that it carries adequate liability and malpractice insurance. 'WC; i 13. Assurances: a. The Health Center 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 the Health Center, its employees, volunteers, or agents while performing this Agreement. The Health Center,its officers and employees,shall not be held liable for injuries or damages caused by any negligent acts or omissions of FENWC, its employees, volunteers, or agents while performing functions as described in this Agreement. The Health Center 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 Health Center 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 Health Center 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. Wao02/ 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 PLAN DE SALUD DEL VALLE Constance L. Harbert, Chairman <<%/M) Stanley J. Br r, Executive Director WELD CO DIVISION OF HUMAN SERVICES Walter . Speckman, Executive Director ATTEST: Amu WELD COUNTY CLER •� . i es►• �` , y1• 9E• !/.. (C- Deputy Clerk to the Bo < W, fUr��j 9Yao.� i PURCHASE OF SERVICES THIS AGREEMENT, made and entered into this 1 day of July. 1998 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's Head Start Program, hereinafter referred to as "FENWC" and the Greeley/Evans School District 6 hereinafter referred to as "School District." WITNESSETH THAT for and in consideration of the covenants herein agreed to be kept and performed, the School District hereby agrees to provide to FENWC, the following described services based upon the following terms and conditions: 1. The School District will provide breakfast with milk for approximately two hundred and thirty-five (235) children and seventy-five (75) adults at a cost of one dollar and twenty-five cents ($1.25) per meal. Price may be subject to increase pursuant to Board of Education Action. 2. The School District will provide lunch with milk for approximately two hundred and thirty-five (235) FENWC children and seventy-five (75) adults at a cost of two dollars and fifty cents ($2.50) per meal. Price may be subject to increase pursuant to Board of Education action. 3. The School District will provide snack with juice, fruit or milk for approximately two hundred and thirty-five (235) children and seventy-five (75) adults at a cost of seventy-five cents ($.75) per snack. Price may be subject to increase pursuant to Board of Education Action. 4. The School District will provide supper with milk for approximately two hundred and thirty-five (235) FENWC children and seventy-five (75) adults at a cost of two dollars and fifty cents ($2.50) per meal. Price may be subject to increase pursuant to Board of Education action. 5. The School District will submit a bill for services to the Weld County Division of Human Resources, P. O. Box 1805, Greeley Colorado, by the 10th of the month for services provided during the preceding month. 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. FENWC will apply directly to USDA for reimbursement for each child's meal type (full paid, free, or reduced) each month. The School District will not receive USDA reimbursement for these meals. 9,2a&a t Purchase of Services Agreement Page two FENWC agrees to pay the School District for all meals served and ala carte to Head Start children and staff. Such reimbursement will be made within three (3) weeks of the receipt of a statement of such charges from the School District. The rate will be as described in paragraphs I, 2, and 3 above. 7. 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. 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. The records will be made available upon request to FENWC for audit and review purposes. The School District will maintain the records within the record retention guidelines mandated by USDA. 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 appropriated 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 options. The parties hereto declare that they would have entered into this Agreement and each and every section, subsections, 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. 9507002 I Purchase of Services Agreement Page three 13. The term of this Agreement shall be from July 1, 1998 through June 30, 1999. 14. Food Service will only be provided while the Schools are in session unless otherwise arranged. 15. This agreement may be amended at any time with the written mutual consent of both parties. 16. 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. 17. Assurances: a. The School District agrees that it is an independent contractor and that it 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. 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, the Board of Education of School District 6, its employees, volunteers or agents while performing this Agreement. The School District, the Board of Education of School District 6, its officers and employees, shall not be held liable for injuries or damages caused by any negligent acts or omissions of FENWC, the Weld County Board of Commissioners, its officers and employees. The respective contracting parties shall provide such liability insurance and worker's compensation coverage as each deems appropriate, and as required by the Colorado Worker's Compensation Act. c. No officer, member, or employee of the 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 understand that monitoring and evaluating 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. ��aa� I Purchase of Services Agreement Page four e. The School District 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 Agreements. IN WITNESS WHEREOF, the parties hereunto have caused this Agreement to be duly executed as of the day, month, and year first hereinabove set forth. WELD COUNTY BOARD OF WE COUNTY SCHOOL DISTRICT 6 COMMISSIONERS 2 1/. Constance L. ``Harbert, Chair (to/a//q0 Tony Pariso, Sup nten ent ,/1 ATTEST: i # tie ) WELD COUNTY CLEF,*To , .,_� � IA' +� fro>` -- (6 C �� 1 ' Deputy Clerk to t S• WELD COUNTY DIVISION OF HUMAN RESOURCES i Walker . Sdeckman, Executive Director yFdoa / PURCHASE OF SERVICES AGREEMENT THIS AGREEMENT, made and entered into this al st day of September, 1998, 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-I 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, 1997, through May 30, 1998. 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 NLNWC will provide liability insurance for the children participating in the program. 98ao,?1 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 Colorado Department of Education with information for improving existing preschool programs and designing effective programs for the future. i9Zac, ./ 4. School District RE-1 Responsibilities: a. Reimburse FENWC the amount of the 1998 preschool student unit for School District RE-1, 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 48 student equivalents as per Colorado Department of Education allocation of preschool slots. School District RE-1's 1998 preschool student funding unit for the period September 1, 1997, through May 30, 1998 is $2,118.00. The maximum to be reimbursed to FENWC is $101,664 ($2,118 x 48 = $101,664.) 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. %aoa 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. Likewise,FENWC,by and through the Board of Weld County Commissioners,shall provide adequate liability and workers'compensation insurance for all employees of t•ENWC 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: 99,7& 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. 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 Constance L. Harbert (10/21/98) Dave Seiler, IMoata Superintendent WELD COUNTY DIVISION OF HUMAN SERVICES Vial J. Speckman, Executive 'rector ATTEST: Le WELD COUNTY CLE'. ��t �: OA:,.bt By: i :��c:: ►� Deputy Clerk to the Br. tfr <�6 URI 95.07670R / PURCHASE OF SERVICES THIS AGREEMENT,made and entered into this a/ day of September 1998,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-I,hereinafter referred to as"School District." WITNESSETH THAT FOR AND IN CONSIDERATION OF the covenants herein agreed to be kept and performed,the School District hereby agrees to provide FENWC the following described services based upon the following terms and conditions: 1. The School District will provide lunches and milk for approximately sixty(60)children at a cost of one dollar and fifty cents ($1.50) per child, Tuesday through Friday. The School District will provide lunches and milk for two dollars and ten cents ($2.10)per adult. 2. FENWC agrees to notify the School District kitchen by 9:30 a.m. daily of the number of children lunches and the number of adult lunches needed. These lunches will be picked up by FENWC between 10:45 a.m.-11:30 a.m.FENWC shall notify the School District a week before any holiday or vacation that meals will not be needed for those specified days. Breakfasts are picked up at 8:00 a.m. 3. The School District will submit a bill for services to the Weld County Division of Human Services, P.O.Box 1805,Greeley, Colorado,80632,by the 10th of the month for services provided during the preceding month. 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. 4. 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 9aaa reimbursement will made within three(3)weeks of the receipt of a statement of such charges from the School District. The rate will be as described in item#1 above. 5. FENWC agrees to provide the containers necessary for food transportation,and proper food storage equipment and further agrees to provide for all transportation of the food from the School District to the FENWC Center. 6. The School District agrees to provide meals in accordance with the regulations of the United States Department of Agriculture's Child Adult Care Food Program as shown in Attachment A hereto,which is hereby incorporated into this Agreement. 7. 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. b. Milk invoices. (Sent in monthly) to the Food Services Office). 8. FENWC will maintain a daily record of the number of meals served by type. 9. The term of this Agreement shall be from August 24, 1998 through June 10, 1999. 10. This Agreement may be amended at any time with the written mutual consent of both parties. 11. 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 if Head Start or Colorado Preschool Program funding is stopped. 12. ASSURANCES: a. The School District 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. �8aoa 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 or omissions of the School District or its employees, volunteers, or agents while performing functions as described in this Agreement. The School District 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. The School District 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. The School District shall provide Worker's Compensation for all employees of the School District 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 Worker's Compensation Insurance for all its employees, volunteers and agents 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 of indirect in the approved Agreement of the proceeds thereof.. d. The School District understands that monitoring and evaluation of the performance of the 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. The School District and FENWC assure compliance with Title VI of the Civil Rights Acts of 1986,and that 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. 9g'i0a i g. No portion of this Agreement shall deemed to created an obligation on the part of the County of Weld,State of Colorado,to expend funds not otherwise appropriated in each succeeding year. 13. 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 to be unconstitutional or invalid. IN WITNESS WHEREOF,the parties hereunto have caused this Agreement to be duly executed as of the day, month, and year first hereinabove set forth. Vjeid WELD COUNTY BOARD OF R COUNTY DISTRICT RE-1i COMMISSIONERS ( IZ��CG .4frs4/s�� \410X0C-2-* /19-6-14-4.-W7 Constance L. Harbert,Chairperson (/a/a/A18� Kathryn\Golightly, Director Food Services Department ATTEST: 44/, WELD COUNTY DIVISION OF HUMAN SERVICES WELD COUNTY CLEi T ►� �— � Z, Z gyp` W t eckman,Executive Director — By: Deputy Clerk to the Boa I J 1iV 1 9gaoai PURCHASE OF SERVICES AGREEMENT THIS AGREEMENT, made and entered into this 7 day of September, 1998, 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-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 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 21,1998, through June 11, 1999. 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. 9Saoa c. Facilitate accessibility to child cart services to those families who want an extended full day program. d. Provide an curly intervention program for preschool age children in need of language development, to help ensure Intuit 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 he a maximum ol'15 children perclassrootn,with one teacher and one teacher aide. g. Coordinate efforts among School District RE-3J,stal9', FEN WC stall,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 participati rig in(lie preschool program and by reinforcing concepts in the home that children learned in school. 1. 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. FEN WC will utilize theDDS'1'-2,or other appmpriate assessments to determine the developmental needs ot'the children. k_ Provide an ongoing training plan for staff and parents. I. Provide ade4uate mated al s for st MT a nd pint:Ms to enable them to implement teaching activities in the classroom and in the home. in. Provide School District. RF;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-3.I Responsibilities: a. Reimburse FEN WC the amount of the 1999 preschool student unit for School District RE-3J, for each preschool student. as per the(Colorado School Finance Act_ FENWC reimbursement will be limited to a maximum of 28 student equivalents as per Colorado Department of Education allocation of preschool slots. School District RE-3J's 1999 preschool student funding unit for the period September 28, 1997, through June 10, 1998 is $2,052.00. The maximum to be reimbursed to 1'ENWC is $57,456.00 ($2,052.00 x 28 [maximum] = $57,456.00). For children funded from Colorado Preschool Program funds. School District RE-3J will reimburse FENWC for children with disabilities at a rate of $800.00 per child, identified with special needs,at a rate of$800.00 per child not to exceed 15 children or$12,000.00. 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 program dollars. 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-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. 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-3J,its employees,volunteers,or agents while performing this Agreement. 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. School District RE-3J, shall provide adequate liability and worker's 9gaoa i 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. FENWC understands that monitoring and evaluation of the performance of this Agreement shall be conducted by School District RE-3J. e. 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. 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 9tamI thereof irrespective of the fact that any one or more sections, subsections, paragraph, sentences, clauses, or phrases might be declared unconstitutional or invalid. 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 gni.. .7;;„_..s..„ , E. aS Constance L. Harbert, Chairperson 00/20f)f Sc ool District RE-3J, Board Chair WELD COUNTY DIVISION OF HUMAN SERVICES a er J. Speckman, Executive Director Dr. Dennis Disario, Superintendent 1��,�r: 1,, ► ATTEST: - � .< %'•'� WELD COUNTY C By: S`Oi►` Deputy Clerk to the CCU NI`jI 95, .M PURCHASE OF SERVICES THIS AGREEMENT,made and entered into this day of September, 1998,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." WITNESSETH THAT FOR AND IN CONSIDERATION OF the covenants herein agreed to be kept and performed,the School District hereby agrees to provide FENW C the following described services based upon the following terms and conditions: 1. The School District will provide breakfast,lunches(including milk)and snacks for approximately sixty(60)children at a cost of one dollar and ten cents($1.10)per child for breakfast,lunch at a rate of one dollar and sixty-five cents ($1.65), and snack at a rate of sixty-five cents ($.65), and approximately 10 adults at a rate of one dollar and twenty-five cents($1.25)for breakfast,Lunch at a rate of two dollars and twenty-five cents($2.25),and snacks at sixty-five cents($.65)to FENWC classrooms,Tuesday through Friday. 2. The School District will submit a bill for services to the Weld County Division of Human Services, P.O.Box 1805,Greeley, Colorado,80632,by the 10th of the month for services provided during the preceding month. 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. 3. 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 FENWC children and staff. Such reimbursement will made within three(3)weeks of the receipt of a statement of such charges from the School District. The rate will be as described in item#1 above. 9gaoa 4 FF.N W('agrees to provide the containers necessary for food transportation.and proper food storage equipment and further agrees to provide for all lransponation or the food from the School District to the FENWC Center. 5. The School District agrees to provide meals in accordance with the regulations of the United States Department of Agriculture's Child Adult Care Food Program as shown in Atla:hotenl A hereto,which is hereby incorporated into this Agreement. b. The School District will maintain the following records for ITN WC: a. Menu/Production Records,including number of meals prepared,menu,portion sizes of menu items and amounts of rood used to prepare menu items. This is a requirement at due preparation kitchen for all meals served. h. Milk invoices. (Sent in monthly)to the Food Services Office). 7. FIINWC will maintain a daily record of the number of meals served by type. PEN W('will reimburse the School District for custodial services and snow removal at a rate of one dollar and thirty-four cents ($1.34) pet square foot to include labor, equipment, materials, and suervision,not In exceed two-thousand one-hundred ninety dollars($2,190.00)for the 1998-1999 school year. Rates may he adjusted annually. f'I;NWC will reimburse the School District for building maintenance services at cost for labor,time, and materials. 10. The term of this Agreement shall he from September 29, 1998 through June II, 1'199. I I. 'Ibis Agreement may he amended at any time with the written mutual consent of both parties. 12. 'I'he School District and FEN W('mutually agree to accept that this Agreement 'nay he terminated by either party upon a thirty (10) day written notice being provided to the other party, however, this Agreement will be terminated if 1-lead start or Colorado Preschool Program bolding is .Mopped. 9550A / 13. ASSURANCES: a. The School District 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 or omissions of the School District or its employees, volunteers, or agents while performing functions as described in this Agreement. The School District 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. The School District 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. The School District shall provide Worker's Compensation for all employees of the School District 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 Worker's Compensation Insurance for all its employees, volunteers and agents 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 of indirect in the approved Agreement of the proceeds thereof.. d. The School District understands that monitoring and evaluation of the performance of the 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. The School District and FENWC assure compliance with Title VI of the Civil Rights Acts of 1986,and that 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. 9& o ?/ 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 deemed to created an obligation on the part of the County of Weld,State of Colorado,to expend funds not otherwise appropriated in each succeeding year. 14. 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 to be unconstitutional or invalid. IN WITNESS WHEREOF,the parties hereunto have caused this Agreement to be duly executed as of the day, month, and year first hereinabove set forth. WELD COUNTY BOARD OF WELD COUNTY DISTRICT RE-3J COMMISSIONERS a---)cesc_. E .Constance L. Harbert, Chairperson School District RE-3J Board Chairperson io/ai/9P) ATTEST: /��j Z4 ; .. Dr. Dennis Disario, Superintendent WELD COUNTY artIII WELD COUNTY DIVISION OF (}f`-'� SERVICES /42bfi vt1 2r.Y,. `�I By: Deputy Clerk to the Boa al r J. Speckman,Executive Director 91 ?c2 / Hello