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HomeMy WebLinkAbout952177.tiffRESOLUTION RE: APPROVE TWO PURCHASE OF SERVICES AGREEMENTS BETWEEN HUMAN SERVICES FENWC AND SCHOOL DISTRICTS RE -1 AND RE -3J 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 two 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 Human Services Family Educational Network of Weld County (FENWC), and School District RE -1, commencing September 1, 1995, and ending August 30, 1996, and School District RE -3J, commencing October 1, 1995, and ending September 30, 1996, 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 two 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 Human Services Family Educational Network of Weld County (FENWC), and School Districts RE -1 and RE -3J be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chairman 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 23rd day of October, A.D., 1995, nunc pro tunc September 1, 1995. BOARD OF COUNTY COMMISSIONERS WAD CCOUNTY, C ORADO j Dale K. Hall, Chairman sip We[c trdrAil Clerk to the Board C hf x k wuou u eputy Cleto the Board APP ED AS TO FORM: rtfy A orney arbara J. Kirkmeyer, George E. Baxter Constance L. Harbert W. H. Webster CP : //`>i EXCl1SFr) 952177 HR0066 COORDINATION AGREEMENT BETWEEN SCHOOL DISTRICT RE -3J AND FAMILY EDUCATIONAL NETWORK OF WELD COUNTY THIS AGREEMENT, made and entered into this d3ra day of October, 1995, by and between the County of Weld, State of Colorado, by and through the Board of 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 RE -3J." WITNESSETH: WHEREAS, School District RE -3J provides public education to the students of the Weld County School District RE -3J, and WHEREAS, FENWC receives federal Head Start dollars and administers preschool services. WHEREAS, School District RE -3J and FENWC have entered into a twenty (20) year agreement commencing January, 1991 for the purpose of: enhancing preschool learning opportunities, facilitating successful transition of preschool aged children into the District RE -3J Kindergarten, promoting parental involvement in all levels of the elementary schools, NOW, THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: 1. Term: The term of the Agreement between FENWC and School District RE -3J shall be for the period beginning October 1, 1995, through September 30, 1996. 2. Geographic Areas to be Served: Head Start Program services shall be provided to children who will be eligible for school District RE -3J Kindergarten programs. Portable classrooms will be located at Hudson Elementary School. 3. FENWC Responsibilities: a. FENWC will provide portable classrooms for preschool services on the aforementioned School District RE -3J site, at no cost to School District RE -3J. The portable classrooms will remain on School District RE -3J property for a term of twenty (20) years contingent upon funding sources. One hundred eighty (180) days after FENWC ceases to run Preschool, the building will be removed and the area restored to original condition. 952177 The portable classrooms will be attached to School District RE -3J water and sewer taps, where available. The location of the portable classrooms to be determined by the Facilities Department at School District RE -3J. FENWC will provide sidewalks, ramps, and landscaping comparable to other School District RE -3J facilities. b. FENWC will install one (1) telephone line in the portable building and pay for costs incurred. c. FENWC will reimburse School District RE -3J for custodial services and snow removal at a rate of one dollar and thirty-four cents ($1.34) per square foot to include labor, equipment, materials, and supervision, not to exceed two thousand one hundred ninety dollars ($2,190.00) for the 1995-1996 school year. Rates will adjusted annually. d. FENWC will reimburse School District RE -3J for building maintenance services at cost for labor time and materials. e. FENWC will implement the Head Start Program, and other programs to be located on School District RE -3J premises. f. FENWC will 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. 4. School District RE -3J Responsibilities: a. School District RE -3J will provide custodial and snow removal services for FENWC, see item 3-d for reimbursable rate. b. School District RE -3J will provide maintenance services on a work order/loaded rate basis, see item 3-e. c. School District RE -3J will bill FENWC by the 15th of the month for previous month's charges. Bills will be sent to: Weld County Division of Human Resources Attention: Fiscal Department P.O. Box 1805 Greeley, Colorado 80632 d. School District RE -3J permits FENWC to house preschool programs located at the Hudson Elementary School premises. 5. The School District RE -3J agrees to provide breakfast, lunches, (including milk), and snacks for approximately 60 children at a cost of $1.05 for breakfast, lunch $1.65 and snacks $.65 and approximately 10 adults at a rate of $1.25 breakfast, lunch $2.25, and snack $.65 to the Head Start classrooms. The School District will submit a bill by the 10th of the month for the services provided during the preceding month, to Weld County Division of Human Services, P.O. Box 1805, Greeley, Colorado 80632. School District RE -3J agrees to provide information on the cost of quantity of lunches served to enable FENWC to comply with USDA reimbursement requirements. 952177 6. School District RE -3J 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. 7. 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 be made (3) weeks after receipt of a statement of such charges from School District RE -3J. The rate will be as described in Paragraph 1 above. 8. 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. Food and milk invoices. (sent in weekly to Food Services Office). The records will be made readily available to FENWC for audit review purposes. School District RE -3J will maintain the records within the record retention guidelines mandated by U.S.D.A. 9. FENWC will maintain daily record of the number of meals served by type. 10. This agreement may be amended at any time with the written mutual consent of both parties. 11. School District RE -3J 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. 12. School District RE -3J warrants that foods delivered to and/or picked up by FENWC, as mutually agreed, shall be, at the point of transfer, free of contamination and at safe and appropriate temperatures in accordance with Department of Health and Sanitation standards. FENWC agrees to relieve School District RE -3J from all liability and/or responsibility for any injury, damage, or loss to any person(s) arising from consumption of foods which have been turned over to FENWC for further transport and handling, and to indemnify and hold School District RE -3J harmless from such consequences. 13. All modifications to this Agreement shall be in writing and signed by both parties. 14. This Agreement shall be binding upon the parties hereto, their successors, heirs, legal representatives and assigns. Neither party may assign any of its rights or obligations hereunder without the prior written consent of the other party. 15. If a problem/disagreement should occur, the appropriate parties and Early Childhood Specialist should be notified immediately. If the problem/disagreement still can not be resolved, it will be taken to a higher authority in both agencies. 9521 , 7 16. FENWC agrees to follow policies and procedures of School District RE -3J as construed in accordance with the Colorado School Finance Act of 1988, regulations and other applicable laws and regulations. (See Attachment I) 12. Assurances: a. The 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 the School District RE -3J, its employees, volunteers, or agents while performing this Agreement. The 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. The School District RE -3J 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 RE -3J 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 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. 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 BQARD OF COMMISSIONERS Dam. Hall, Chairperson /o/ /els WELD CO "TY DIVISION OF HUMAN SERVICES ATTEST: WELD COUNT' Director WELD,COUNTY SCHOOL DISTRICT RE -3J >✓�- . i /✓r/i/LO� t J School Distri RE -3J Board A Dr. Dennis Disario, Superintendent ATTESTING TO BOARD OF COUNTY COMMISSIONER SIGNATURES ONLY By: Deputy ldre o the Board - 952177 PURCHASE OF SERVICES AGREEMENT THIS AGREEMENT, made and entered into this 23' 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 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 -1 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, 1995, through August 30, 1996. 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 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. 952177 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. 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. g• 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. 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 State Department of Education with information for improving existing preschool programs and designing effective programs for the future. 4. School District RE -1 Responsibilities: a. Reimburse FENWC the amount of the 1995 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 60 student equivalents as per Colorado Department of Education allocation of preschool slots. School District RE -1's 1995 preschool student funding unit for the period September 7, 1995, through May 31, 1996 is $1,709. The maximum to be reimbursed to FENWC is $97,940 ($1,709 x 60 = $102.540, minus $4,600 per year for custodial fees = $97,940). 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 or $10,882.22 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 bonding 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. 952177 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. 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 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 -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. 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. g- 952177 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 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 Dale K. Hall, Chairma ELD CO. DIVI&.&ON OF HUMAN SERVICES xecutive Director WELD COUNTY By: / Deputy Clerx to the Boar4 ATTESTING TO Bat) COMMISSIONER SIGNATURtS ONLY WELD COUNTY SCHpOL DISTRICT RE -1 ff Brookhart, Superintendent 95217? sKtstt Wilk COLORADO mEmoRAnuum Board of County Commissioners To Dale K. Hall, Chairman Date October 20, 1995 From Walter J. Speckman, Executive Subject Director, Human Services jjor Purchase of Service Agreements between FENWC and School District's RE -1 and RE -3J Enclosed for Board approval are Purchase of Service Agreements between FENWC and the following Vendors: School District RE -1 (Gilcrest - CPP) School District RE -1 agrees to reimburse FENWC the amount of the 1995 preschool student unit for each preschool student, as per the Colorado School Finance Act of 1988, House Bill 1341. School District RE -1 will reimburse FENWC a maximum of 60 student equivalents as per Colorado Department of Education allocation of preschool slots. School District RE -1's reimbursement per student funding unit for the period September 7, 1995 through May 31, 1996, is $1,709. The maximum to be reimbursed to FENWC is $97,940 ($1,709 x 60 = $102,540, minus $4,600 per year for custodial fees = $97,940.). The term of this Agreement is from September 1, 1995 through August 30, 1996. School District RE -3J (Hudson - Food, Custodial and Snow Removal) School District RE -3J agrees to provide breakfast, lunches (including milk), and snacks for approximately 60 children at a cost of $1.05 for breakfast, lunch $1.65, and snacks $.65; and approximately 10 adults at a rate of $1.25 breakfast, lunch $2.25, and snack $.65 to the FENWC classrooms. School District RE -3J agrees to provide custodial services and snow removal at a rate of one dollar and thirty-four cents ($1.34) per square foot to include labor, equipment, materials and supervision, not to exceed two thousand one hundred ninety dollars ($2,190.00) for the 1995-1996 school year. The rate will be adjusted annually. The term of this Agreement is from October 1, 1995 through September 30, 1996. 952177 Hello