HomeMy WebLinkAbout991862.tiff RESOLUTION
RE: APPROVE SIX PURCHASE OF SERVICES AGREEMENTS AND AUTHORIZE CHAIR
TO SIGN DOCUMENTS WITH VARIOUS ENTITIES
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 six 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 Department of Human Services, Family
Educational Network, and the following entities with further terms and conditions being as
stated in said agreements:
1) Montrose County Nursing Services - term June 7, 1999, to October 22, 1999
2) St. Mary's Family Medical Center - term June 1, 1999, to October 1, 1999
3) Carolyn Aust - term June 16, 1999, to September 17, 1999
4) Virginia Stevenson - term June 16, 1999, to September 17, 1999
5) Palisade Pharmacy - term June 16, 1999, to September 18, 1999
6) Palisade Living Center- term June 16, 1999, to September 17, 1999
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 six 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 Department of Human Services, Family Educational Network, and the above
listed 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.
cc.. I/Rh 991862
HR0070
RE: SIX PURCHASE OF SERVICES AGREEMENTS
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 2nd day of August, A.D., 1999, nunc pro tuns June 1, 1999.
BOARD OF COUNTY COMMISSIONERS
tIELI5OUNT L RAD
ATTEST: ` / ` `
Dal- K. Hall, Chair
Weld County Clerk tot Bo
isa po;ui
arbar J. Kirkmeyer ro-Tem /
Deputy Clerk to the B yS,� Georg E. xter
APPRO AS TO FORM:
M. J. ei my Attorney "S_
G enn Va
991862
HR0070
. ,, MEMORANDUM
TO: Weld County Board of County Commissioners
FROM: Walter J. Speckman, Executive Director, DHS
wfik DATE: August 2, 1999
COLORADO SUBJECT: Purchase of Service Agreements for the Family
Educational Network of Weld County, Migrant
Head Start Program, Western Slope
Presented before the Weld County Board of County Commissioners for consideration are
Purchase of Service Agreements between FENWC and the following:
1 . Montrose County Services Nursing Services, for nursing services for the Olathe
Center. Services will be charged at $15.67 per hour for approximately 476 hours
of service.
2. St. Mary's Medical Center, for health services for children at the Grand Junction
Center. Health services will be charged at a rate of $40.00 per hour. Physical
examinations will be charged at $15.00 per hour.
3. Carolyn Aust, for nursing services will be charged at $18.00 per hour for 40 hours
per week from June 16, 1999 through September 17, 1999.
4. Virginia Stevenson, for Early Childhood Special Education Services for both the
Olathe and Grand Junction Centers. Special Education Services will be charged
at $32.50 per hour for approximately 15 hours per week.
5. Palisade Pharmacy, for pharmaceuticals in Grand Junction.
6. Palisade Living Center, for meal service to the Grand Junction Center. Food will
be charged at $5.75 per person per day.
991862
PURCHASE OF SERVICES AGREEMENT
D
THIS AGREEMENT,made and entered into this 3 day of June, 1999 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 Montrose County Nursing Services,
hereinafter referred to as "Nursing Services."
WITNESSETH
WHEREAS,FENWC is required to provide to provide medical 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. Nursing Services shall provide a nurse for the Summer Migrant Head Start Center located in
Olathe,Colorado. Nursing services and appropriate documentation will be complete by the
end of the program year, to include:
a. Supervision of health screenings to include;heights and weights,hematocrits,vision
and hearing. Ensure that all documentation and paperwork is complete.
b. Ensure that physical examinations and necessary child health care follow-ups are
completed.
c. Review of immunization records to determine status of child immunizations, and
ensure that appropriate immunizations are given to children.
d. Make home visits to families as necessary to provide services to children.
e. Supervise activities of the Health Aides.
f. Coordinate dental activities to include; screenings, services, follow-up and
transportation to appointments. Ensure that appropriate paperwork is complete.
g. Complete end of year Program Information Report (PIR).
2. FENWC agrees to reimburse the Nursing Services, not to exceed $10,697.35.
Reimbursement includes nursing salary, not to exceed $7,461.12, (15.67 x 476 hours),
benefits at 29%, or $2,181.43, and miscellaneous costs such as mileage not to exceed
$1,054.80.
3. Nursing Services will submit itemized bills to FENWC for all services.
Family Educational Network of weld County
Attention: Dixie Hansen Health specialist
P.O. Box 1805
Greeley, Colo. 80632
4. This Agreement may be modified upon the written consent of both parties.
5. 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 Nursing Services. Non-Federal
match/In-Kind must be documented and submitted with the bills.
6. Nursing Services 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.
7. The term of this Agreement is from June7, 1999 through October 22, 1999.
8. Nursing Services assures that it carries adequate liability and malpractice insurance.
9. Assurances:
a. Nursing Services agrees that it is an independent contractor and 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 Nursing Services, its employees, volunteers, or agents while performing this
Agreement. Nursing Services,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. Nursing Services shall provide adequate liability and worker's
comprehensive insurance for all of it's 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. Nursing Services 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. Nursing Services and FENWC assure compliance withe Title of the Civil Rights Act
of 1986, and 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
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 Montrose County
OUNTY COMMIS ONERS
Dale K. Hall, Chairperson (0i-02-99
WELD CO IVISION OF HUMAN SERVICES
Walter p kman, Executive Director
��aa�p1
!Sa
ATTEST: gmill w
WELD COUNTY CLERK TO', .H'
By: R:r4
Deputy Clerk to the Board .
PURCHASE OF SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this / day of July, 1999 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 St.
Mary's Family Medical Center, hereinafter referred to as "Health Center."
WITNESSETH
WHEREAS, FENWC is required to provide medical services according to the Head Start
Performance Standards 45CFR 1304-1, 3, 4 & 5.
1. The Health Center shall provide the health services for the Summer Migrant Head Start
Centers located in Clifton, Colorado. 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 to appointments as necessary.
2. The Health Center agrees to provide all physical examinations. FENWC nursing staff will
perform any labs and obtain vitals.
3. The Health Center shall provide a provider to visit the center a minimum of one day per week
for 2 hours. The time and number of visits may decrease after the initial physicals are
completed. This will be by mutual decision between the Health Center and FENWC.
4. The Health Center agrees to provide general well child exams at the center. In addition, if the
circumstances allow, the provider will see ill children when necessary. Otherwise, ill
children will be transported to the Health Center by FENWC.
5. FENWC agrees to reimburse the Health Center at a rate of$40 per hour and $15 per physical,
not to exceed $4,000. Children must have a written referral to receive services above and
beyond Physical Examinations. Prescriptions will not be covered in the above rate.
6. The Health Center will submit itemized bills according to the child's needs to FENWC for all
services.
Family Educational Network of Weld County
Attention: Dixie Hansen, Health Specialist
P.O. Box 1805
Greeley, Colorado, 80632
7. This Agreement may be modified upon the written consent of both parties.
8. 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.
9. The term of this Agreement is from June 1, 1999 through October 1, 1999.
10. The Health Center assures that it carries adequate liability and malpractice insurance.
11. Assurances:
a. The Health Center agrees that it is an independent contractor and 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 the 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 comprehensive insurance for all of it's
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 of the Civil Rights Act of
1986, and no person shall, on the ground of race, creed, color, sex, handicap, or national
origin be excluded from participation in, be denied the benefits of, or otherwise subjected
to discrimination under the approved Agreement.
IN WITNESS WHEREOF, the parties hereunto have caused this Agreement to be duly
executed as of the day and year first hereinabove set forth.
WELD COUNTY BOARD OF COMMISSIONERS St. Mary's Family Medical Center
i
(oa-oz-99)
a e . a , i
WELD COUN IVISION OF HUMAN SERVICES ,A1 .�,� 11i�Q/HQ /�
Wal . . Speckman, Executive ire
ATTEST: Leid
WELD COUNTY CLERK TO T• > � �J k
i
By: llil (� .(a
* IV
ti
Deputy Clerk to the Board 1s""�r
CONSULTANT AGREEMENT BETWEEN CAROLYN AUST AND FAMILY
EDUCATIONAL NETWORK OF WELD COUNTY
THIS AGREEMENT,made and entered into this day of July, 1999, 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,"of Weld County and Carolyn Aust, hereinafter
referred to as "Nurse."
WITNESSETH
WHEREAS,FENWC will contract nursing services for the Migrant Head Start Program's
Clifton Center.
WHEREAS,Head Start Policies and Procedures regarding eligible children and their families
enrolled in the FENWC Migrant Head Start Program are based on the Administration for Children
and Families Performance Standards (45-CFR 1304, 1305, and 1308).
WHEREAS,the purpose of this Agreement is to provide health services for children enrolled
in the Family Educational Network of Weld County's' Migrant Head Start Program. The intent of
this Agreement is to coordinate health services and collaboration between the above named, the
families of children of FENWC and health clinics/providers.
NOW THEREFORE, in consideration of the covenants, conditions, agreements, and
stipulations hereinafter expressed, the parties do hereby agree as follows:
1. Term:
The term of this Agreement between FENWC and Consultant shall be for the period
beginning June 16, 1999 through September 17, 1999.
2. Geographic Areas To Be Served:
Migrant Head Start services shall be provided to enrolled Migrant Head Start children who
are eligible in Clifton.
3. FENWC Responsibilities:
a. Provide health screenings for all eligible Migrant Head Start children within 30
calendar days of enrollment.
b. Refer all children with suspected health needs to a medical consultant for referral and
evaluation,to determine whether there is a need for health and related services follow-
up.
c. Share the responsibility for assisting the parents with paperwork.
d. Provide an inclusive or mainstream experience for children with health needs enrolled
in the FENWC Migrant Head Start Program. Assure children with health needs are
included in the full range of activities and services normally provided to all Migrant
Head Start children.
e. Provide reasonable accommodations/modifications necessary to meet the special
needs of children with disabilities(to include,but not limited to,equipment,furniture,
special assistants.)
f. Set up and maintain procedures in cooperation with school districts for the transition
of children and/or compile complete information the families can carry with them to
facilitate a continuum of care for their child.
g. Assure that the FENWC Migrant Head Start parent is aware of the referral, signs the
appropriate permission for evaluation forms, and understands the referral and
evaluation process.
h. Maintain a link with community agencies to assure optimal use of available resources
and serves for families.
i. FENWC agrees to reimburse the Nurse$18.00 per hour for approximately 40 hours
per week, not to exceed 9,360.00.
j. FENWC agrees to reimburse nurse $.27 per mile.
4. Consultant Responsibilities:
a. Ensure that every child receives a health screening within two (2) weeks of
enrollment.
b. Ensure that all children receive a physical examination,and that an appropriate referral
and follow-up is made for any health concerns noted.
c. Ensure that all children are current on their immunizations or that.
d. Ensure that dental screenings are completed for children and that appropriate referrals
and follow-up in made for children with dental concerns.
e. Ensure that all documentation and paper work is complete per the Health Specialist
instruction.
g. The Consultant will bill FENWC by the 10th of the month for previous month's
charges. Bills will be sent to:
Weld County Division of Human Services
Family Educational Network of Weld County
Attention: Dixie Hansen
P.O. Box 1805
Greeley, Colorado 80632
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. Neither party may assign any of its rights/obligations hereunder
without the prior written consent of the other party.
7. Resolution of Disagreements:
If a problem/disagreement should occur, the FENWC Director and/or Site Manager should
be notified immediately. If the problem/disagreement still can not be resolved,it will be taken
to a higher authority in both agencies.
8. Applicable Law:
I'ENWC agrees to follow policies and procedure of the Consultant as construed in
accordance with the Colorado School Finance Act of 1988,regulations and other applicable
laws and regulations.
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.
11. Waiver or Immunities/Third-Party Liability:
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 position of this Agreement
be deemed to have created a duty of care with respect to any persons not a party to this
Agreement.
12. Non-appropriation:
No portion of this Agreement shall be deemed to create an obligation on the part of the
Consultant, 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 the Agreement is for any
reason held or decided to be unconstitutional,such decision shall not affect the validity of the
remaining portions. The parties hereto declare that they would have entered into this
Agreement and each and every section, subsection,paragraph, sentence, clause, and phrase
thereof irrespective of the fact that any one or more sections, subsections, paragraphs,
sentences, clauses, or phrases might be declared unconstitutional or invalid.
14. Assurances:
a. The Consultant 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 Consultant, or its employees, while performing this Agreement.
The Consultant, 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,
while performing functions as described in this Agreement.
The Consultant shall provide adequate liability and worker's compensation insurance
for all of its employees, 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 Worker's Compensation Insurance for all employees
of M:NWC engaged in the performance of this Agreement.
c. No officer,member,or employee of the Consultant and no member or their governing
bodies shall have any pecuniary interest,direct or indirect,in the approved Agreement
or the proceeds thereof.
d. Consultant understands that monitoring and evaluation of the performance of this
Agreement shall be conducted by the Weld County Division of Human Services and
the results provided to the Weld County Board of Commissioners.
e. Consultant 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 nation origin be excluded from participation in, be denied the benefits of, or be
otherwise subjected to discrimination under the approved Agreement.
IN WITNESS WHEREOF, the parties hereunto have caused this Agreement to be duly
executed as of the day and year first hereinabove set forth.
ELD COUNTY BOARD OF COMMISSIONERS CONSULTANT
Dale K. Hall, Chairperson (08-Oa-(461) Carolyn st
WELD CO DIVISION OF HUMAN SERVICES
Whl J. Speckman, Executive Director
ATTEST:
Eta`
WELD COUNTY CLERK TO Lj,
By: _.iii.. ►,I, ,_, k
Deputy Clerk to the Board ®
CONSULTANT AGREEMENT BETWEEN VIRGINIA STEVENSON AND FAMILY
EDUCATIONAL NETWORK OF WELD COUNTY
THIS AGREEMENT,made and entered into this day of July, 1999,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," of Weld County and Virginia Stevenson,
hereinafter referred to as "Consultant."
WITNESSETH
WHEREAS, FENWC will contract services of an Early Childhood Special Education
Specialist for the Migrant Head Start Program's in Olathe and Clifton Centers.
WHEREAS,Head Start Policies and Procedures regarding children with disabilities and their
families enrolled in the FENWC Migrant Head Start Program are based on the Administration for
Children and Families Performance Standards (45-CFR 1304. 1305,and 1308),in accordance with
Section 504 of the Rehabilitative Act of 1973 and IDEA.
WHEREAS,the purpose of this Agreement is to increase the level of early childhood special
education services for children enrolled in the Family Educational Network of Weld County's'
Migrant Head Start Program. The intent of this Agreement is to coordinate and oversee Individual
Education Plans (IEP's)/Individual Family Service Plans (IFSP's), and collaboration between the
above named, the families of children with disabilities, and Local Education Agencies (LEA's).
NOW THEREFORE, in consideration of the covenants, conditions, agreements, and
stipulations hereinafter expressed, the parties do hereby agree as follows:
1. Term:
The term of this Agreement between FENWC and Consultant shall be for the period
beginning June 16, 1999 through September 17, 1999.
2. Geographic Areas To Be Served:
Migrant Head Start services shall be provided to enrolled Migrant Head Start children who
are eligible in Olathe and Clifton.
3. FENWC Responsibilities:
a. Provide health and developmental screenings for all eligible Migrant Head Start
children within 30 calendar days of enrollment.
b. Refer all children with suspected Special Needs to the consultant for referral and
evaluation, to determine whether there is a need for Special Education and related
services.
c. Share the responsibility for assisting the parents with paperwork.
d. Provide an inclusive or mainstream experience for children with disabilities enrolled
in the FENWC Migrant Head Start Program. Assure children with disabilities are
included in the full range of activities and services normally provided to all Migrant
Head Start children.
e. Provide reasonable accommodations/modifications necessary to meet the special
needs of children with disabilities(to include,but not limited to,equipment,furniture,
special assistants.)
f. Set up and maintain procedures in cooperation with school districts for the transition
of children and/or compile complete information the families can carry with them to
facilitate a continuum of care for their child.
g. Serve as a placement option for Migrant Head Start eligible children (6 weeks to 5
years) with disabilities.
h. Assure that the FENWC Migrant Head Start parent is aware of the referral,signs the
appropriate permission for evaluation forms, and understands the referral and
evaluation process.
i. Maintain a link with community agencies to assure optimal use of available resources
and serves for families.
j. FENWC agrees to reimburse the Consultant $32.50 per hour for approximately 15
hours per week,(15 hrs per week x 13 weeks),not to exceed$6,337.50, [plus$10.00
per hour for travel time]).
k. Monitor IEP's and children's progress monthly.
4. Consultant Responsibilities:
a. Ensure that parents understand their rights and responsibilities as parents of a child
with a disability.
b. Provide pre-referral and formal evaluation which meet the requirements of IDEA,
during the Migrant season (July through September). Referral, evaluation data
findings and forms will be kept in the child's file and a copy submitted to the
Disabilities Services Coordinator to verify process.
c. Facilitate and supervise IEP's/IFSP's for appropriate documentation planning,
placement, and follow through;provide ancillary consultant and/or remedial services
to children with disabilities enrolled in the FENWC Migrant Head Start as determined
necessary in the IEP/IFSP. The original IEP/IFSP will remain on site and a copy will
be submitted to the Disabilities Services Specialist within five days.
d. Provide special education programs as determined in the IEP/IFSP and submit
monthly report to the Disabilities Services Specialist for approval.
e. Maintain communication with the Part B & C/Child Find Coordinator as the
evaluation and IEP/IFSP process is completed. Assist the family in communication
and support. Submit monthly report to the Disabilities Services Specialist for
approval.
f. Provide training, as needed, to FENWC Migrant Head Start staff and parents on
working with children with disabilities in the classroom and home.
g. The Consultant will bill FENWC by the 10th of the month for previous month's
charges. Bills will be sent to:
Weld County Division of Human Services
Attention: Fiscal Department
P.O. Box 1805
Greeley, Colorado 80632
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. Neither party may assign any of its rights/obligations hereunder
without the prior written consent of the other party.
7. Resolution of Disagreements:
If a problem/disagreement should occur, the FENWC Director and/or Site Manager should
be notified immediately. If the problem/disagreement still can not be resolved,it will be taken
to a higher authority in both agencies.
8. Applicable Law:
FENWC agrees to follow policies and procedure of the Consultant as construed in
accordance with the Colorado School Finance Act of 1988,regulations and other applicable
laws and regulations.
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.
11. Waiver or Immunities/Third-Party Liability:
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 position of this Agreement
be deemed to have created a duty of care with respect to any persons not a party to this
Agreement.
12. Non-appropriation:
No portion of this Agreement shall be deemed to create an obligation on the part of the
Consultant, 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 the Agreement is for any
reason held or decided to be unconstitutional,such decision shall not affect the validity of the
remaining portions. The parties hereto declare that they would have entered into this
Agreement and each and every section, subsection,paragraph, sentence, clause, and phrase
thereof irrespective of the fact that any one or more sections, subsections, paragraphs,
sentences, clauses, or phrases might be declared unconstitutional or invalid.
14. Assurances:
a. The Consultant 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 Consultant, or its employees, while performing this Agreement.
The Consultant, 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,
while performing functions as described in this Agreement.
The Consultant shall provide adequate liability and worker's compensation insurance
for all of its employees, 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 Worker's Compensation Insurance for all employees
of FENWC engaged in the performance of this Agreement.
c. No officer,member,or employee of the Consultant and no member or their governing
bodies shall have any pecuniary interest,direct or indirect,in the approved Agreement
or the proceeds thereof.
d. Consultant understands that monitoring and evaluation of the performance of this
Agreement shall be conducted by the Weld County Division of Human Services and
the results provided to the Weld County Board of Commissioners.
e. Consultant 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 nation origin be excluded from participation in, be denied the benefits of, or be
otherwise subjected to discrimination under the approved Agreement.
IN WITNESS WHEREOF, the parties hereunto have caused this Agreement to be duly
executed as of the day and year first hereinabove set forth.
LD COUNTY BOARD OF COMMISSIONERS CO ULTANT
Dale K. Hall, Chairperson (o'-UZ-gq) V ginia Stevenson, Consultant
WELD CO DIVISION OF HUMAN SERVICES
` J. Speckman,Executive Director
ATTEST:)/Ib77ll'�% /��� e/'/r p
L /r�
�J
WELD COUNTY CLERK
By: ._y.� . 9, . � � !►�"^ r
Deputy Clerk to the Boar at
PURCHASE OF SERVICE
THIS AGREEMENT, made and entered into this day of July, 1999, 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 Summer Migrant Head Start Program, hereinafter referred to as "FENWC" and
the Palisade Pharmacy hereinafter referred to as " Pharmacy."
WITNESSETH
THAT, for and in consideration of the covenants herein agreed to be kept and performed, the
pharmacy hereby agrees to provide to FENWC, the following described services based upon the
following terms:
1. The pharmacy will fill all prescriptions prescribed by a Medical provider licensed in the State
of Colorado brought to the said pharmacy for families/children enrolled in a FENWC Migrant
Head Start Center.
2. The pharmacy will use generic drugs whenever possible, whether prescribed or over the
counter medications.
3. The pharmacy will write directions in both English and Spanish.
4. FENWC will supply prescription pads.
5. The pharmacy will submit a itemized bill monthly for services to:
Family Educational Network of Weld County
Attention: Dixie Hansen Health Specialist
P.O. Box 1805
Greeley, Co. 80632
6. 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.
7. No portion of this Agreement shall be deemed to create an obligation on the part of the
County of Weld,State of Colorado,or Pharmacy to expend funds not otherwise appropriated
in each succeeding year.
8. The term of this Agreement shall be from June 16, 1999 through September 18, 1999.
9. This Agreement may be amended at any time with the written mutual consent of both parties.
10. Assurances:
a. The Pharmacy 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 Pharmacy, its employees or agents while performing this Agreement. The
Pharmacy, employees, shall not be held liable for injuries or damage caused by any
negligent acts or omissions of FENWC, the Weld County Board of Commissioners,
its officers and employees. The respecting 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 Weld County and no member of their governing
bodies shall have any pecuniary interest,direct or indirect,in the approved Agreement
or proceeds thereof.
d. The Pharmacy and FENWC assure compliance with Title VI of the Civil Rights.
e. 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,or 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 expected
as of the day, month, and year first hereinabove set forth.
WELD COUNTY BOARD OF PALISADE PHARMACY
C' TY COMMISS ONERS
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Dale K. + 1, i .� s py- Z- D�� Walt Jorgensen
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By: �._.iiln.- I •.%- ,_ 4 t ( "440
Deputy Clerk to the Board
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WELD COUN DIVISION OF H URCES
Walter . Speckman,ExecutiV 17irector
PURCHASE OF SERVICES
THIS AGREEMENT,made and entered into this day June, 1999,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's Migrant
Head Start Program,hereinafter referred to as"FENWC"and Palisade Living Center,hereinafter referred to
as "Living Center."
WITNESSETH
That for and in consideration of the covenants herein agreed to be kept and performed,the Living
Center agrees to provide to FENWC,the following described services based upon the following terms and
conditions:
1. The Living Center will provide lunch with milk for approximately twenty-five(34)children and ten
(15)adult, Monday through Saturday.
2. The Living Center will provide supper with milk for approximately twenty-five(34)children and ten
(15) adults,Monday through Friday.
3. The Living Center will provide breakfast with milk for approximately twenty-five(34)children and
ten(15)adults, Monday through Saturday.
4. The Living Center will provide snacks for approximately twenty-five(34)children and ten(15)adults,
Monday through Saturday.
5. FENWC will call in number of breakfasts and lunches by 3:00 p.m.for the following day,and suppers
by 9:00 a.m. daily. FENWC will return pans and utensils, from the previous meals, as meals are
picked up. Breakfast will be picked up at 6:45 a.m.,lunch and snacks will be picked up at 11:00 a.m.
and supper will be picked up at 4:00 p.m.
6. The Living Center will submit a bill for services,$5.75 per child/adult per day,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 Living Center agrees to provide information on
the cost of the quantity of lunches and suppers served to enable FENWC to comply with USDA
reimbursement requirements and submit production records monthly.
7. FENWC will apply directly to USDA for reimbursement for each child's meal type(full paid,free,
or reduced) each month. The Living Center will not receive USDA reimbursement for these meals.
FENWC agrees to pay The Living Center for all meals served to Migrant Head Start children and
staff. Such reimbursement will be made within thirty(30)days of the receipt of a statement of such
charges from The Living Center. The rate will be as described in paragraph 6, as stated above.
8. The Living Center agrees to provide meals in accordance with the regulations of the United Stated
Department of Agriculture's Child Care Food Program as show in Attachment A hereto, which is
hereby incorporated into this Agreement.
9. The Living Center will maintain the following records for FENWC:
a. Menu/Production Records,including number of meals prepared,menu,portion sizes of menu
items and a mounts 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
Living Center will maintain the records within the record retention guidelines mandated by USDA.
A copy of which shall be provided to Living Center.
10. FENWC will maintain a daily record of the number of meals served by type.
11. 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.
12. 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.
13. 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 in valid.
14. The term of this Agreement shall be from June 16, 1999 through September 17, 1999.
15. This Agreement may be amended at any time with the written mutual consent of both parties.
16. The Living Center 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 Migrant Head Start Funding is stopped.
17. Assurances
a. The Living Center 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 The Living
Center, its employees, volunteers or agents while performing this Agreement. The Living
Center,its officers and employees,shall not be held liable for injurers or damages caused by
any negligent acts or omissions of FENWC,the Weld County Board of Commissioners,its
officers and employees,shall not be held liable for injures 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 Living Center understand that monitoring and evaluating of the performance of this
Agreement shall be conducted by the Weld County Division of Human Services and the
results provided to the Weld County Board of Commissioners.
e. The Living 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 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.
W COUNTY BOARD OF COMMISSIONERS PALS DE LIVIN CENTE'
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WELD COUNTY CLERK
Deputy Clerk to the Board ® t .4
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WELD COUNTY IVISION OF HUMAN SERVICES
Wal . Speckman,Executive Director
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