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HomeMy WebLinkAbout980157.tiff RESOLUTION RE: APPROVE TWO EMPLOYMENT SERVICES OF WELD COUNTY FULL SERVICE AGREEMENTS 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 two Employment Services of Weld County Full Service Agreements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Services, and Weld County School Districts RE-1 and RE-4, commencing January 26, 1998, and ending January 26, 1999, with further terms and conditions being as stated in said agreements, and WHEREAS, after review, the Board deems it advisable to approve said agreements, copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the two Employment Services of Weld County Full Service Agreements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Services, and Weld County School Districts RE-1 and RE-4, be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreements. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 26th day of January, A.D., 1998. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ci �� -A A; Constance L. Harbert, Chair r Weld Coun �1= ��j��:o ,, if W. I . Webster, ro-Tem BY: _ . A • ; Deputy Clerk to a =oard 9 'Georg E. Baxter AP D O FORM: EXCUSED DATE OF SIGNING (AYE) Dale K. Hall ounty Atto ney f` ,. h _ ' /h d� i� /Barbara J. Kirkmeyer 980157 HR0069 Cam _ ft/52 l RA--y1 EMPLOYMENT SERVICES OF WELD COUNTY FULL SERVICE AGREEMENT THIS AGREEMENT, made and entered into this 8th day of September, 1997, by and between Weld County School District RE-1, hereinafter referred to as "School District RE-1", and the Board of County Commissioners of Weld County, Colorado, by and on behalf of Employment Services of Weld County, hereinafter referred to as "Employment Services". WITNESSETH: WHEREAS, the Board of County Commissioners of the County of Weld, State of 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, Employment Services' Learning Lab ("the Learning Lab") provides services to youth in need of remedial and educational services, and WHEREAS, the Learning Lab wishes to expand its efforts in providing services to expelled youth or youth in need of remedial and educational services, assessments, and/or computer training in an alternative educational environment to equip the youth to return to School District RE-1 or to obtain a GED, and WHEREAS, School District RE-1 has expressed a desire to work with the Learning Lab to assist youth in accessing the above mentioned services. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: I. TERM The term of this Agreement shall be for a period of one (1) year from the date of signing and shall be renewed automatically for successive one (1) year periods, unless sooner terminated by either party, upon written notice being provided to the other party at least thirty (30) days prior to the intended date of termination, or if terminated sooner pursuant to the provisions of Section VI. of this Agreement. II. SCHOOL DISTRICT RE-1 RESPONSIBILITIES The following responsibilities shall be assigned to School District RE-1 in the implementation of this Agreement. A. Any School District RE-1 student who has been determined by School District RE-1 and Employment Services as in need of an alternative educational environment shall be eligible to participate in the Learning Lab program. School District RE-1, in conjunction with the Learning Lab representative, the student and his or her parent, will conduct a meeting to complete the Student Agreement. The Student Agreement shall detail the expectations and requirements of the student's participation in the Learning Lab program. B. Maintain the contracted student's enrollment in School District RE-1 as long as the student is satisfactorily participating in the Learning Lab. Ill. EMPLOYMENT SERVICES OF WELD COUNTY RESPONSIBILITIES Employment Services of Weld County shall be responsible for the following in the implementation of this Agreement. A. School District RE-1, in conjunction with the Learning Lab representative, the student and his or her parent, will conduct a meeting to complete the Student Agreement. The Student Agreement shall detail the expectations and requirements of the student's participation in the Learning Lab program. B. Provide instructional support, supervision, and assistance to each student while monitoring his or her progress in the Learning Lab program. C. Provide School District RE-1 with weekly attendance and progress reports regarding each student. D. Immediately terminate the student's enrollment in the Learning Lab program if the student exhibits violent behavior or issues related to dependency, abuse, or weapons. IV. FINANCIAL STATEMENT School District RE-1 shall prorate the Per Pupil Operating Revenue (PPOR) attributable to each student participating in the Learning Lab program, beginning on the date the student is scheduled to begin at the Learning Lab and throughout the remainder of the academic program year; or for such length of time that the student is scheduled to be enrolled in the program. School District RE-1 shall forward 80% of the prorated PPOR on a monthly basis to Employment Services for each of the contracted students. School District RE- 1 shall retain 20% of the PPOR for each of the contracted students. For each student who successfully completes a GED or graduates early and is no longer enrolled in the program, Employment Services shall continue to receive 80% of the PPOR to the end of the term set forth in the Student Agreement. School District RE-1 shall continue to retain 20% of the PPOR to the end of the term set forth in the Student Agreement. 9804S7 V. AMENDMENTS This Agreement may be amended at any time with the written consent of all parties. Employment Services may issue policies and procedures, unilaterally in writing, to School District RE-1, to enhance, clarify, or alter the conditions of this Agreement, except that such policies and procedures upon review by School District RE-1 may be cause for termination of the Agreement, if in the opinion of School District RE-1 such policies and procedures are not in the best interest of the District. VI. TERMINATION This Agreement may be terminated immediately upon cessation of funding for student participation in the Learning Lab program by School District RE-1, or for the Learning Lab program in general by Employment Services. Nothing in this Agreement shall bind School District RE-1 to any fiscal responsibilities beyond the ending date of the year to which this Agreement is executed. VII. ASSIGNMENT This Agreement shall be binding upon the parties hereto, their successors, heirs, legal representatives, and assigns. School District RE-1 may not assign any of its rights or obligations hereunder without the prior written consent of Employment Services. ATTEST: AIL CLA Board of County Commissioners Weld Co ! � d Weld County, Colorado zn e: Deputy Clerk Constance L. Farhert, Chair (01/26/98) Weld County D'vision of Human Services Weld County School District RE-1 /-/v-91 r . Speckman Date David Seiler Date ecutive Director Superintendent 980$.57 AGREEMENT ASSURANCES 1. HOLD HARMLESS - Each party to this Agreement shall hold the other harmless from any and all liability caused by the negligence of its employees or agents in performing the tasks pursuant to this Agreement and to save and to hold harmless the other party from any and all claims, demands or causes of action of whatsoever kind of nature resulting from the party's participation in this Agreement. 2. SEVERABILITY - If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 3. NO WAIVER OF IMMUNITY - 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 which did not previously exist with respect to any person not a party to this Agreement. 4. NOTICES - Any notice provided for in this Agreement shall be in writing and shall be served by personal delivery or by certified mail, return receipt requested, postage prepaid, at the following addresses: Employment Services of Weld County School District RE-1 PO Box 1805 PO Box 157 Attn: Charlie Dalpra Attn: David Seiler 1551 N. 17th Avenue 1001 Birch Street Greeley, Colorado 80632 Gilcrest, Colorado 80623 Notices shall continue to be sent to the above-stated addresses until such time as written notice of a change is received from the party wishing to make a change of address. Any notice so mailed and any notice served by personal delivery shall be deemed delivered and effective upon receipt or upon attempted delivery. This method of notification will be used in all instances except for emergency situations when immediate notification to the other party is required. 5. MODIFICATION AND BREACH - This Agreement contains the entire agreement and understanding between the parties hereto and supersedes any other agreements concerning the subject matter of this transaction, whether oral or written. Modifications, amendments, notations, renewals, or other alterations of or to this Agreement shall only be deemed valid or of any force or effect whatsoever if mutually agreed upon in writing by the undersigned parties. No breach of any form, provision, or clause of this Agreement shall be deemed waived or excused, unless such waiver or consent shall be in writing and signed 9SOM.57 by the party claimed to have waived or consented. Any consent by any party hereto or waiver of, a breach by any other party, either expressed or implied, shall not constitute a consent to, waiver of or excess of any other different or subsequent breach. 6. NO THIRD PARTY BENEFICIARY ENFORCEMENT - It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be incidental beneficiary only. 8804..57 EMPLOYMENT SERVICES OF WELD COUNTY FULL SERVICE AGREEMENT THIS AGREEMENT, made and entered into this 14th day of October, 1997, by and between Weld County School District RE-4, hereinafter referred to as "School District RE-4", and the Board of County Commissioners of Weld County, Colorado, by and on behalf of Employment Services of Weld County, hereinafter referred to as "Employment Services". WITNESSETH: WHEREAS, the Board of County Commissioners of the County of Weld, State of 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, Employment Services' Learning Lab ("the Learning Lab") provides services to youth in need of remedial and educational services, and WHEREAS, the Learning Lab wishes to expand its efforts in providing services to expelled youth or youth in need of remedial and educational services, assessments, and/or computer training in an alternative educational environment to equip the youth to return to School District RE-4 or to obtain a GED, and WHEREAS, School District RE-4 has expressed a desire to work with the Learning Lab to assist youth in accessing the above mentioned services. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: TERM The term of this Agreement shall be for a period of one (1) year from the date of signing and shall be renewed automatically for successive one (1) year periods, unless sooner terminated by either party, upon written notice being provided to the other party at least thirty (30) days prior to the intended date of termination, or if terminated sooner pursuant to the provisions of Section VI. of this Agreement. II. SCHOOL DISTRICT RE-4 RESPONSIBILITIES The following responsibilities shall be assigned to School District RE-4 in the implementation of this Agreement. A. Any School District RE-4 student who has been determined by School District RE-4 and Employment Services as in need of an alternative educational environment shall be eligible to participate in the Learning Lab program. School District RE-4, in conjunction with the Learning Lab representative, the student and his or her parent, will conduct a meeting to complete the Student Agreement. The Student Agreement shall detail the expectations and requirements of the student's participation in the Learning Lab program. B. Maintain the contracted student's enrollment in School District RE-4 as long as the student is satisfactorily participating in the Learning Lab. III. EMPLOYMENT SERVICES OF WELD COUNTY RESPONSIBILITIES Employment Services of Weld County shall be responsible for the following in the implementation of this Agreement. A. School District RE-4, in conjunction with the Learning Lab representative, the student and his or her parent, will conduct a meeting to complete the Student Agreement. The Student Agreement shall detail the expectations and requirements of the student's participation in the Learning Lab program. B. Provide instructional support, supervision, and assistance to each student while monitoring his or her progress in the Learning Lab program. C. Provide School District RE-4 with weekly attendance and progress reports regarding each student. D. Immediately terminate the student's enrollment in the Learning Lab program if the student exhibits violent behavior or issues related to dependency, abuse, or weapons. IV. FINANCIAL STATEMENT School District RE-4 shall prorate the Per Pupil Operating Revenue (PPOR) attributable to each student participating in the Learning Lab program, beginning on the date the student is scheduled to begin at the Learning Lab and throughout the remainder of the academic program year; or for such length of time that the student is scheduled to be enrolled in the program. School District RE-4 shall forward 80% of the prorated PPOR on a monthly basis to Employment Services for each of the contracted students. School District RE- 4 shall retain 20% of the PPOR for each of the contracted students. For each student who successfully completes a GED or graduates early and is no longer enrolled in the program, Employment Services shall continue to receive 80% of the PPOR to the end of the term set forth in the Student Agreement. School District RE-4 shall continue to retain 20% of the PPOR to the end of the term set forth in the Student Agreement. 980157 V. AMENDMENTS This Agreement may be amended at any time with the written consent of all parties. Employment Services may issue policies and procedures, unilaterally in writing, to School District RE-4, to enhance, clarify, or alter the conditions of this Agreement, except that such policies and procedures upon review by School District RE-4 may be cause for termination of the Agreement, if in the opinion of School District RE-4 such policies and procedures are not in the best interest of the District. VI. TERMINATION This Agreement may be terminated immediately upon cessation of funding for student participation in the Learning Lab program by School District RE-4, or for the Learning Lab program in general by Employment Services. Nothing in this Agreement shall bind School District RE-4 to any fiscal responsibilities beyond the ending date of the year to which this Agreement is executed. VII. ASSIGNMENT This Agreement shall be binding upon the parties hereto, their successors, heirs, legal representatives, and assigns. School District RE-4 may not assign any of its rights or obligations hereunder without the prior written consent of Employment Services. ATTEST: t14( 11444 Board of County Commissioners Weld Co td t' O = d Weld County, Colorado Ism Deputy Cler Y aiyJ Constance L. Harbert, Chair (01/26/98) Weld County Division of Human Services Weld County School District RE-4 /?-17 al r J. Speckman Date Brian Lessman Date E cutive Director Superintendent 9801_57 AGREEMENT ASSURANCES 1. HOLD HARMLESS - Each party to this Agreement shall hold the other harmless from any and all liability caused by the negligence of its employees or agents in performing the tasks pursuant to this Agreement and to save and to hold harmless the other party from any and all claims, demands or causes of action of whatsoever kind of nature resulting from the party's participation in this Agreement. 2. SEVERABILITY - If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 3. NO WAIVER OF IMMUNITY - 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 which did not previously exist with respect to any person not a party to this Agreement. 4. NOTICES - Any notice provided for in this Agreement shall be in writing and shall be served by personal delivery or by certified mail, return receipt requested, postage prepaid, at the following addresses: Employment Services of Weld County School District RE-4 PO Box 1805 PO Box 609 Attn: Charlie Dalpra Attn: Brian Lessman 1551 N. 17th Avenue 1020 Main Greeley, Colorado 80632 Windsor, Colorado 80550 Notices shall continue to be sent to the above-stated addresses until such time as written notice of a change is received from the party wishing to make a change of address. Any notice so mailed and any notice served by personal delivery shall be deemed delivered and effective upon receipt or upon attempted delivery. This method of notification will be used in all instances except for emergency situations when immediate notification to the other party is required. 5. MODIFICATION AND BREACH - This Agreement contains the entire agreement and understanding between the parties hereto and supersedes any other agreements concerning the subject matter of this transaction, whether oral or written. Modifications, amendments, notations, renewals, or other alterations of or to this Agreement shall only be deemed valid or of any force or effect whatsoever if mutually agreed upon in writing by the undersigned parties. No breach of any form, provision, or clause of this Agreement shall be deemed waived or excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party hereto or waiver of, a breach by any other party, either expressed or implied, shall not constitute a consent to, waiver of or excess of any other different or subsequent breach. 6. NO THIRD PARTY BENEFICIARY ENFORCEMENT - It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be incidental beneficiary only. 9801,57 06 MEMORAfDU Constance L. Harbert, Chair To Board of County Commissioners Date January 22, 1998 III COLORADO From Walter J. Speckman, Executive Director, Human Services Subject: Full Service Agreements between Employment Services of Weld County Learning Lab and Weld County School Districts RE-1 and RE-4 Attached for Board approval are Full Service Agreements between the Employment Services of Weld County Learning Lab and Weld County School District RE-1 and Weld County School District RE-4. These Full Service Agreements define the duties and responsibilities for the Employment Services of Weld County Learning Lab and the financial obligations of the said school district. Employment Services of Weld County Learning Lab will receive 80% of the school districts Per Pupil Operating Revenue (PPOR) prorated from time of referral to termination date for providing educational services to the expulsion youth from the referring school district. If you have any questions, please feel free to telephone me at 353-3800, extension 3317. 280157 Hello