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HomeMy WebLinkAbout972192.tiffRESOLUTION RE: APPROVE PURCHASE OF SERVICES AGREEMENT FOR DISTRICT RE -5J PRESCHOOL AND AUTHORIZE CHAIR TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Purchase of Services Agreement for preschool 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 of Weld County, and Weld County School District RE -5J, commencing September 1, 1997, and ending May 30, 1998, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Purchase of Services Agreement for District RE -5J Preschool 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 of Weld County, and Weld County School District RE -5J be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. 972192 HR0068 lee : Hs.) / sT PURCHASE OF SERVICES AGREEMENT FOR DISTRICT RE -5J PRESCHOOL PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 6th day of October, A.D., 1997, nunc pro tunc September 1, 1997, APP AS TO F b' M my Attorn BOARD OF COUNTY COMMISSIONERS WELD OUNTY, COLO DO eorge . Baxter, Chair Constance L. Harbert, Pro-Tem EXCUSED DATE OF SIGNING Dale K. Hall (AYE) W. H. Webster I Barbara J. Kirk eeer kit 972192 HR0068 PURCHASE OF SERVICES AGREEMENT (Oci-vaLr THIS AGREEMENT,made and entered into this to /A day of September, 1997, 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 -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, House Bill 1341, and WHEREAS,School District RE -5J 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 -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, 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 -5J. 972192 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 -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. 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. 972192 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 -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 enrolleed on a tuition basis. 4. School District RE -5.J Responsibilities: a. Reimburse FENWC 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. FENWC reimbursement will be limited to a maximum of 9 student equivalents as per Colorado Department of Education allocation of preschool slots. 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 maximum to be reimbursed to FENWC is $19,242.00 ($2,138.00 x 9) = $19,242.00. 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. 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 1988. House Bill 1341, regulations and other applicable laws and regulations. 972192 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. 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. FENWC 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. 972192 g. No portion of this Agreement shall he 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: 'Phis 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 OF WELD COUNTY, COLORADO /t —or fleorgeii. Baxter, Chairperson 10/06/97 ATCF.S WEL 13y: Deputy THE BOARD 9 39Ud 9L68 9SE OL6:Xdd WELD COUNTY SCHOOL DISTRICT RE -5.1 13OAR1) OF DIRECTOR (fail Hankins,fhairperson Pendar, Superintendent WEIR) COUNTY DIVISION OF HUMAN J. Speckman, Executive Director 972192 SAS NdWf1H 1,10 Q -13M: Q 1 VI:VT PI L6, 93/80 611' °N 3"1I d dad; COLORADO mEmoRAnDum Weld County Board of County Commissioners September 30, 1997 To Date From Walter J. Speckman, Executive Director, DHS SubjectPurchase of Service Agreement Between FENWC & District RE -5J Enclosed for Board approval are three (3) Purchase of Service Agreements between the Family Educational Network of Weld County and Weld County School District RE -5J. School District RE -5J agrees to reimburse FENWC the amount of the 1998 preschool student unit for each preschool student, as per the Colorado School Finance Act of 1988, House Bill 1341. School District RE -5J will reimburse FENWC a maximum of 9 student equivalents as per Colorado Department of Education allocation of preschool slots. School District RE-5J's reimbursement per student funding unit for the period of September 1, 1997, through May 31, 1998, is $2,138.00. The maximum to be reimbursed to FENWC is $19,242.00. The term of this Agreement is from September 1, 1997, through May 30, 1998. If you have any questions, please telephone Tere Keller-Amaya at 353-3800, ext. 3342. C7 7 Ce- 2P /Le7/Y4_ Ckge_ ticLi 972192 Hello