HomeMy WebLinkAbout951412.tiff RESOLUTION
RE: APPROVE PURCHASE OF SERVICES AGREEMENT BETWEEN FENWC'S MIGRANT
HEAD START PROGRAM AND WEST CENTRAL BOCES 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 the Weld County Division of Human Services' Family
Educational Network of Weld County's Migrant Head Start Program, and West Central BOCES,
commencing May 20, 1995, and ending August 10, 1995, 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 the
Weld County Division of Human Services' Family Educational Network of Weld County's Migrant
Head Start Program, and West Central BOCES 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 17th day of July, A.D., 1995, nunc pro tunc May 20, 1995.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CO ORADO
t 1 :S.` r , Dale K. Hall, Chairman
,� k!':,LP my Clerk to the Board
i )-,. ^^ arbar J. Kirkmeyer, r -Tem
ev- lc irk} DILA-
Deputy Cler o the Board '
George . Baxter ��'II /- . t
APP AS TO FORM: ��all^ ' 'e' �� �tr�etf
��� Constance L. Harbert
u tfi y Attorney �'�( ✓ / 1. �; ? 7
W. H. Webster
951412
[t[�„ // ; iioc°FS HR0065
PURCHASE OF SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this / % — day of �& �r- , 1995, by
and between the County of Weld, State of Colorado, by and thrhlugh 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 West Central BOCES, hereinafter
referred to as "BOCES."
WITNESSETH
WHEREAS, FENWC is required to recruit eligible migrant Head Start children,
in accordance with 45-CFR-1304, Head Start Performance Standards, and
WHEREAS, FENWC wishes to provide a variety of community services to parents
of Migrant Head Start eligible children and families, and
WHEREAS, BOCES has the staff to provide such services, and
WHEREAS, the parties wish to establish an on-going policy for the provision
of services.
NOW, THEREFORE, in accordance with the mutual benefits, responsibilities,
and considerations set forth herein, the parties hereto covenant and agree as
follows:
1. Engagement of BOCES FENWC hereby retains BOCES and BOCES hereby accepts
engagement by FENWC upon the terms and conditions hereinafter set forth.
2. Term. Subject to provisions contained herein, the term of the Agreement
shall commence on May 20, 1995, through August 10, 1995. This Agreement
shall be subject to review and renewal by the parties annually.
3. Nature of Agreement. During the term of the Agreement, BOCES agrees to
make its Migrant Recruiter available to FENWC. The maximum number of
hours of service per week will be twenty (20) hours per week as mutually
agreed to by FENWC and BOCES.
4. Scope of Work. BOCES will provide the following services to FENWC Migrant
Head Start eligible families and children, and staff:
• Participate in providing a variety of community services,
including direct contact, through outreach, the public, in
person, and on the telephone to provide services or recruit
assistance from related supportive services for families.
• Complete home visits with all families to obtain Family Needs
Assessment and follow-up on family needs.
• Recruit and interview participants to obtain required
eligibility and other information.
• Assist in formulating a detailed plan to meet the needs of
individual program clients and provide information concerning
other supportive services.
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951412
• Assist in identifying problems and suggests solutions to
resolve conflicts and problems with clients. Provide routine
guidance, education activities and counseling as required or
needed, referring more complex problems or situations to
supervisor.
• Coordinate and refer clients to other agencies for services.
• Provides clerical support for assigned programs, maintains
records, types reports and paperwork, and data entry.
• Follow up on children missing two (2) consecutive days either
by phone or in person.
• Assist in coordination with transportation.
The scope of such services shall be guided by FENWC. Recruiter\Community
Service Worker services shall be provided to those children and families
referred by FENWC. BOCES shall provide FENWC with written reports and
forms which shall fulfill the legal requirements of the parties hereto.
Such reports shall be maintained by FENWC.
5. Scheduling of Engagements. BOCES shall schedule services so as to be
rendered during hours meeting the needs of FENWC and its clients.
6. Equipment and Supplies. FENWC shall provide BOCES with all facilities,
equipment, supplies, and the like, as are reasonably necessary in order
for BOCES to perform its obligations under the Agreement.
7. Nature of Relationship. The relationship between FENWC and BOCES is
strictly that of independent entities and is not an agency or employment
relationship. No party is an employee, agent or representative of any
other party by virtue of this Agreement nor shall any such party have any
expressed or implied right or authority to assume or create any obligation
or responsibility on behalf of or in the name of any other party by virtue
of the Agreement. Contractor also acknowledges that it will not be
entitled to participate, by reason to this Agreement, in any employee
benefits provided by FENWC. FENWC is contracted to receive services only
and is interested in the results of BOCES's efforts. BOCES shall be
solely and entirely responsible for its own acts and omissions during the
performance of this Agreement.
8. Billing Information. Immediately following the provision of services,
BOCES shall provide to FENWC on a form that is acceptable to both parties,
specific billing and utilization information for the services rendered.
BOCES shall make available to FENWC all financial records relating to
BOCES's services at the request of FENWC. BOCES shall submit to FENWC, an
aggregate statement listing all charges to the Family Educational Network
of Weld County, P.O. Box 1805, Greeley, Colorado 80632, by the tenth of
the month for services provided during the preceding month. FENWC will
make payment for said services within thirty (30) days of receipt of the
bill from BOCES.
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951.422
9. Fees. BOCES shall charge FENWC for services performed on an hourly basis,
calculated at the rate of $9.90 per hour, .1160 times gross salary for
P.E.R.A. benefits, .0145 times gross salary for Medicaid, and $.25 per
mile, total charges not to exceed $3,200.00. Under no circumstances may
the fee schedule be modified without the express prior written
authorization of the parties hereto.
10. Compensation. In consideration of the services provided by BOCES, FENWC
shall pay BOCES within thirty (30) days from receipt of BOCES's aggregate
monthly statement.
11. Confidentiality. BOCES and FENWC agree not to disclose any personal or
privileged information to third parties without first obtaining the
written consent of responsible party thereof, unless otherwise permitted
or required under applicable law.
12. Indemnification. BOCES shall indemnify, defend and hold harmless FENWC
from any claims, losses, damages, liabilities, costs, expenses or
obligations, including but not limited to attorneys' fees, court costs and
punitive or similar damages, arising out of or resulting from any act or
omission by BOCES or any of its employees, agents or representatives, or
arising out of or resulting from the negligent, fraudulent, dishonest or
other acts or omissions of BOCES or its employees, agents or
representatives in its performance under the terms of this Agreement.
Likewise, FENWC, the Weld County Board of County Commissioners, its
officers shall indemnify, defend and hold harmless BOCES from any claims,
losses, damages, liabilities, costs, expenses or obligations, including
but not limited to attorneys' fees, court costs and punitive or similar
damages, arising out of or resulting from any act or omission by FENWC or
any of its employees, agents of representatives in the furnishing of
comprehensive educational services or supplies, or arising out of or
resulting from the negligent, fraudulent, dishonest or other acts or
omissions of FENWC or its employees, agents or representatives in its
performance under the terms of the Agreement.
13. Representations. BOCES neither represents nor warrants that the services
provided hereunder shall assure FENWC of accreditation or licensure by the
Colorado Department of Social Services, Colorado Department of Education,
by any other accrediting body, or by any licensing agency:
14. Employment Covenant. It is agreed and understood by both parties that
neither BOCES nor FENWC shall hire or attempt to hire the other party's
employees during the term of this Agreement or for a period of twelve (12)
months thereafter, without mutual consent.
15. Liability Insurance. BOCES will carry at its own expense professional
liability insurance coverage in the amounts equal to at least $600,000
annual in aggregate.
16. Termination. Either BOCES or FENWC may terminate the independent
contractor relationship established by this Agreement with or without
cause, by giving thirty (30) days written notice to the other party.
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951.412
17. Interruptions. Neither party to this Agreement shall be liable to the
other for delays in delivery of failure to deliver or otherwise to perform
any obligation under this Agreement, where such failure is due to any
cause beyond his reasonable control, including but not limited to Acts of
God, fire, strikes, war, flood, earthquakes or Governmental action.
18. Entire Agreement, Amendment, Waiver. This Agreement merges all previous
negotiations between the parties hereto and constitutes the entire
agreement and understanding between the parties with respect to the
subject matter of this Agreement. No alteration, modification or change
of this Agreement shall be valid except by any agreement in writing
executed by the parties hereto.
19. Notices. Any notice required to be given under this Agreement shall be in
writing and shall be sent by certified mail, return receipt requested,
postage pre-paid, to BOCES at:
West Central BOCES
8 S. 5th Street
P.O. Box 1483
Montrose, Colorado 81402
ATTN: Mary Pilkington
And to FENWC at:
Weld County Division of Human Services
Family Educational Network of Weld County
P.O. Box 1805
Greeley, CO 80632
ATTN: Walter J. Speckman
20. Assignment. This Agreement is not assignable by FENWC without the express
written consent of BOCES.
21. Severability. If any provision of this Agreement or the application
thereof to any person or circumstance shall be invalid or unenforceable to
any extent, it is the intention of the parties that the remainder of this
Agreement and the application of such provision to other persons or
circumstances shall not be affected thereby and shall be enforced to the
greatest extent permitted by law.
22. Captions. The captions contained in this Agreement are for convenience or
reference for the parties and are not intended in any manner whatsoever to
construe, define or limit the scope or intent of this Agreement or any
provisions hereof.
23. Counterparts. This Agreement may be executed in one or more counterparts,
each of which when so executed shall be an original, but all of which
together one agreement.
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951.412
IN WITNESS WHEREOF, the parties have hereunto caused this Agreement to be
duly executed as of the day and year first hereinabove set forth.
WELD COUNTY BOARD OF COMMISSIONERS West Central BOCES
Dale K. Hall, erson Q--i f p .. Mary rlkington/ Migrant Supervisor
9 Ms7
CLERK TO THE BOARD WELD COUNTY. VISION OF HUMAN SERVICES
(11 (, t E.(L
Deputy C erk to the Board a -fr Speckman
. tive Director
ATTESTING TO BOARD OF COUNTY
COMMISSIONER SIGNATURES ONLY
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951412
• ( MEMORAnDU
Board of County Commissioners
V I 11 To Dale K. Hall, Chairperson
Date July 5, 1995
I �]
Walter J. Speckman, Executive Director, Human Services ( (/ '-/
COLORADO From !Vf !�°
Contract Between FENWC and West Central BOCES
Subject:
Enclosed for Board approval is the contract for recruiter services between the
Family Educational Network of Weld County's Migrant Head Start Program and the
West Central Board of Cooperative Educational Services, Montrose, Colorado.
The agreement is to provide FENWC with recruiter services to migrant families
who are eligible for enrollment in the summer Migrant Head Start Program in
Olathe, Colorado.
The term of this contract is from May 20, 1995 through August 10, 1995.
If you have any questions, please call Janet Luna-Flaugher at 353-3800 ext. 3340.
951412
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