HomeMy WebLinkAbout952178.tiffRESOLUTION
RE: APPROVE PURCHASE OF SERVICES AGREEMENT BETWEEN HUMAN SERVICES
FENWC AND SJB CHILD DEVELOPMENT CENTERS, INC. AND AUTHORIZE
CHAIRMAN TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Purchase of Services Agreement
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of Human Services Family Educational Network of Weld
County (FENWC), and SJB Child Development Centers, Inc., commencing September 1, 1995, and
ending August 30, 1996, with further terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Purchase of Services Agreement between the County of Weld, State
of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of
Human Services Family Educational Network of Weld County (FENWC), and SJB Child
Development Centers, Inc. be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 23rd day of October, A.D., 1995, nunc pro tunc September 1, 1995.
BOARD OF COUNTY COMMISSIONERS
D COUNTY, COkORADO
S
I-i
Weld. Sr Clerk to the Board
eputy Clerl4io the Board
APPR• • D AS TO FO
W. Webster
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Fxri isFn
Dale K. Hall, Chairman
-Tem
George E. Baxter
Constance L. Harbert
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HR0066
PURCHASE OF SERVICES AGREEMENT BETWEEN SJB CHILD DEVELOPMENT CENTERS, INC. AND
THE FAMILY EDUCATIONAL NETWORK OF WELD COUNTY
THIS AGREEMENT, made and entered into this o 3� day of October, 1995,
by and between the County of Weld, State of Colorado, by and through the Board
of County Commissioners of Weld County, on behalf of the Weld County Division of
Human Resources' Family Educational Network of Weld County hereinafter referred
to as "FENWC" and SJB Child Development Centers, Inc., hereinafter referred to
as "SJB, Inc."
WITNESSETH
WHEREAS, the attached agreement conditions, shall govern certain activities
for slots purchased under Grant Number 08CH0019 during the period
September 1, 1995 through August 30, 1996.
1. Work To Be Performed:
SJB, Inc., shall in a satisfactory manner as determined by FENWC
provide enhanced pre-school learning opportunities to twenty (20)
children of Head Start eligibility for a total of 152 days per year.
Facilitate successful transition of pre-school aged children into
the District 6 kindergarten.
Promote parental involvement in all levels of the elementary schools
and promote educational success of District 6/FENWC students.
2. Compliance With Approved Program
All activities authorized by this Agreement will be performed in
accordance with the approved work program, the approved budget, the grant
conditions and relevant HHS directives including 45-CFR-1304 Head Start
Performance Standards and 70.2 The Parents to include:
1304.2-1 Education Services: objectives
1304.2-2 Education Services: operations
1304.2-3 Education Services: facilities
1304.3-2 Health Services Advisory Committee: participation
1304.3-6 Health Education
1304.3-9 Nutrition Services: objectives
1304.3-10 Nutrition Services
1304.4-1 Social Services: objectives
1304.4-2 Social Services: content
1304.5-1 Parent Involvement: objectives
1304.5-2 Parent Involvement: development of parenting skills
1304.5-3 Parent Involvement: communication
1304.5-4 Parent Involvement: with area residents, program
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3. Reports, Records and Evaluations
FENWC shall supervise, evaluate, and provide guidance and direction to
SJB, Inc., in the conduct of activities specified under this contract.
SJB, Inc. agrees to submit to FENWC such reports as may be required by HHS
directives or by FENWC including reports on eligibility, attendance,
fiscal status, general program operations, parent involvement, etc.
SJB, Inc. also agrees to prepare and retain, and permit FENWC to inspect
as it deems necessary for grant purposes (in addition to inspections
authorized by the conditions in the grant from HHS), as well as all other
records that may be required by relevant HHS directives, with the
exception of confidential client information. SJB, Inc. further agrees
that FENWC may carry out monitoring and evaluation activities to include,
at a minimum, quarterly reports and will effectively ensure the
cooperation of SJB, Inc. employees and board members in such effort.
4. Changes
FENWC may, from time to time, request changes in the scope of the services
of SJB, Inc. to be performed hereunder. Such changes, including any
increase or decrease in the amount of SJB, Inc. compensation, which are
mutually agreed upon by and between FENWC and SJB, Inc., must be
incorporated in written amendments to this contract.
5. Compliance With Local Laws
SJB, Inc. shall comply with all applicable laws, ordinances, and codes of
the state and local governments.
6. Covenant Against Contingent Fees
SJB, Inc. warrants that no person or selling agency or other organization
has been employed or retained to solicit or secure this contract upon an
agreement or understanding for a commission, percentage, brokerage or
contingent fee. For breach or violation of this warrant, FENWC shall have
the right to annul this contract without liability or in its discretion,
to deduct from the contract or otherwise recover the full amount of such
commission, percentage, brokerage or contingent fee, or to seek such other
remedies as legally may be available.
7. Schedule Of Payment
Immediately following the provision of services, SJB, Inc. will provide to
FENWC, specific billing of budgeted and authorized expenditures for
services rendered. Reported expenditures shall not exceed $54,963.00 for
the required period of performance. SJB, Inc. shall make available to
FENWC all documentation and financial records relating to the reported
expenditures, at the request of FENWC. On approval of the billing, FENWC
will reimburse SJB,Inc. for reported expenditures within 15 days.
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8. Termination
FENWC and SJB, Inc. may, by giving a thirty (30) day written notice
specifying the effective date, terminate this contract in whole or in part
for cause, which shall include, but not limited to:
(1)
failure, for any reason, of FENWC to fulfil in a timely and proper
manner its obligations under this contract, including compliance
with the approved program and attached conditions, and such
statutes, Executive Orders, and HHS directives as may become
generally applicable at any time:
(2) submission by FENWC or HHS or to SJB, Inc. of reports that are
incorrect or incomplete in any material respect:
(3) ineffective or improper use of funds provided under this contract:
(4) suspension or termination by HHS of the grant to FENWC under which
this contract is made, or the portion thereof delegated by this
Contract. FENWC may also assign and transfer this contract when
required by HHS direction. If FENWC is unable or unwilling to
comply with such additional conditions as may be lawfully applied by
HHS to the grant to FENWC, SJB, Inc. shall terminate the contract
by giving reasonable written notice to FENWC, signifying the
effective date thereof. In such event that adequate arrangements
have been made for the transfer of the delegated activities to
another Agency. In the event of any termination, all property and
finished or unfinished documents, data, studies, and reports
purchased or prepared by FENWC under this contract shall be disposed
of according to HHS directives, and FENWC shall be entitled to
compensation for any un-reimbursed expenses reasonably and
necessarily incurred in -satisfactory performance of the contract.
Notwithstanding the above, SJB, Inc. shall not be relieved of
liability to FENWC for damages sustained by FENWC by virtue of any
breach of contract by SJB, Inc. and FENWC may with hold any
reimbursement to SJB, Inc. for purpose of set-off until such time as
the extract amount of damages due FENWC and SJB, Inc. is agreed upon
or otherwise determined.
9. Non -Federal Share
SJB, Inc. will contribute no less than $10,804.00 of non-federal
inkind/match to the program. Documentation of the non-federal share must
be tracked and reported to FENWC with billings. Documentation of the non-
federal inkind/match must be kept and be available at the request of
FENWC.
9521.7, 8
11. Assurances:
a. SJB, Inc. 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 SJB, Inc., its employees,
volunteers, or agents while performing this Agreement. SJB, Inc.,
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. SJB, Inc. 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. SJB, Inc. 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. SJB, Inc. 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.
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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 SJB Child Development Centers, Inc.
Dale K. Hall, Chalirman
/043/675.
WELD COUNTY DIVISION OF HUMAN SERVICES
Wa(peckman,AExec ytive Director
ATTEST:
WELD COUN-'EE CLERK_TO SHE BOARD
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ATTESTING TO BOARD OF COUNTY
COMMISSIONER S'LGNMURES ONLY
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COLORADO
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Board of County Commissioners
Dale K. Hall, Chairperson Date October 6, 1995 JAI
From Walter J. Speckman, Executive Director, Human Services
Purchase of Service Agreement between FENWC and SJB Child
subject:
Development Centers, inc.
Enclosed for Board approval is a Purchase of Services Agreement between the
Family Educational Network of Weld County (FENWC) and SJB Child Development
Centers, Inc. (SJB, Inc.)., aka, ABC Child Development Centers
SJB, Inc. shall provide enhanced preschool learning opportunities for
twenty (20) Head Start eligible children.
SJB, Inc. will facilitate transition of Head Start children into
kindergarten.
SJB, Inc. will comply with all FENWC Head Start Grant Conditions including
45-CFR-1304 Head Start Performance Standards and 70.2 The Parents.
SJB, Inc. will be reimbursed a maximum of $54,963.00 for reported
expenditures.
The term of the Agreement is from September 1, 1995 through August 30, 1996.
If you have any questions, please telephone Tere Keller-Amaya at 353-3800.
952178
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