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HomeMy WebLinkAbout20091343.tiffRESOLUTION RE: APPROVE CONSULTANT AGREEMENT FOR AUDIOLOGY SERVICES AND AUTHORIZE CHAIR TO SIGN - JODI LITTLE 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 Consultant Agreement for Audiology Services 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 Jodi Little, commencing June 19, 2009, and ending June 19, 2010, 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 Consultant Agreement for Audiology Services 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 Jodi Little be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair 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 15th day of June, A.D., 2009. ATTEST: Jl n14, Weld County Clerk to the B BY.� _ Deputy Cle AP Date of signature ounty Attorney iol 3tvl0c1 BOARD OF COUNTY COMMISSIONERS WELD COU COLORADO Sean Bar ty a Kirkmeyer David E. Long 00: C( t.Ac� 2009-1343 HR0080 CNIL(c? MEMORANDUM DATE: June 11, 2009 TO: William F. Garcia, Chair, Board of County Commis,iopgrs FROM: Judy A. Griego, Director, Human Sekie COLORADO � RE: Consultant Agreement between the Weld County Department of Human Services and Jodi Little Enclosed for Board approval is the Consultant Agreement between the Department's Family Educational Network's Head Start and Migrant/Seasonal Head Start Program and Jodi Little. This Agreement was presented at the Board's June 8, 2009, Work Session. The terms of this Agreement are as follows: No. Provider/Term Program Area Rate 1 Jodi Little June 19, 2009 — June 19, 2010 Audiology Services $49.00 per Hour Head Start Maximum: $8,000.00 Migrant/Seasonal Maximum: $4,000.00 If you have any questions, give me a call at extension 6510. 2009-1343 CONSULTANT AGREEMENT BETWEEN JODI LITTLE AND FAMILY EDUCATIONAL NETWORK OF WELD COUNTY tt ;rime THIS AGREEMENT, made and entered into this /5 day of -ay, 2009, 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 Department of Human Services' Family Educational Network of Weld County, hereinafter referred to as "FENWC," of Weld County and Jodi Little, hereinafter referred to as "Audiologist." WITNESSETH WHEREAS, FENWC will contract audiologist services for the Head Start Program and the Migrant/Seasonal Head Start Program. WHEREAS, Head Start Policies and Procedures regarding eligible children and their families enrolled in the FENWC Head Start and Migrant/Seasonal 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 audiology services for children enrolled in the Family Educational Network of Weld County's' Head Start Program and Migrant/Seasonal Head Start Program. The intent of this Agreement is to coordinate audiology services and collaboration between the above named, the families of children of FENWC and health clinics/providers and local education agencies. 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 19, 2009 through June 19, 2010. 2. Geographic Areas To Be Served: Head Start services shall be provided to eligible Head Start children who are enrolled in Greeley/Evans, Hudson, Milliken, Frederick, Gilcrest and Platteville. Migrant Head Start services shall be provided to enrolled Migrant Head Start children who are eligible in Greeley/Evans and Frederick. 3. FENWC Responsibilities: a. Schedule hearing screenings for all eligible Head Start children within forty- five (45) days of enrollment. Schedule hearing screenings for all eligible Migrant/Seasonal Head Start children within two (2) weeks of enrollment. Schedule rechecks for eligible Head Start children within thirty (30) days after the initial screening. Schedule rechecks for eligible Migrant/Seasonal Head Start children within one week after the initial screening. b. Work with the audiologist to provide follow-up services to all children with ;so09 -/35/3 suspected hearing concerns for an evaluation to determine whether there is a need for services. c. Share the responsibility for assisting the parents with paperwork. d. The audiologist agrees to provide documentation of a completed background check. e. Assure that the FENWC Head Start/Migrant/Seasonal Head Start parents are aware of the referral, sign the appropriate permission for evaluation forms, and understand the referral and evaluation process. Maintain a link with community agencies to assure optimal use of available resources and services for families. g. FENWC agrees to reimburse the Audiologist $49.00 per hour, number of hours to be determined in consultation with Center Directors and the FENWC Health Specialist on a weekly basis, not to exceed $8,000 for the Regional Head Start Program and $4,000 for the Migrant and Seasonal Head Start Program. 4. Consultant Responsibilities: a. Ensure that every Head Start child receives a hearing screening within forty-five (45) days of enrollment and ensure that all re -checks are done within two weeks of the first screening. Ensure that every Migrant/Seasonal Head Start child receives a hearing screening within two (2) weeks of enrollment. Schedule rechecks for eligible Head Start children within thirty (30) days after the initial screening. Schedule rechecks for eligible Migrant/Seasonal Head Start children within one week after the initial screening. b. Work with the Health Specialist to ensure that all children receive a hearing screening and that an appropriate referral and follow-up is made for any hearing concerns noted. c. Ensure that all documentation and paper work is complete per the Health Specialist's instruction. d. The Consultant will bill FENWC by the 10th of the month for previous month's charges. Bills will be sent to: 1. Weld County Department of Human Services 2. Family Educational Network of Weld County 3. Attention: Health Specialist 4. P.O. Box 1805 5. 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 should be notified immediately. If the problem/disagreement still cannot 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. In Kind: Provision of the above outlined services at the designated costs represents an in kind contribution of $ $12 - $72/hour to the FENWC program in the services and amounts following; hearing screenings: $47/hour in -kind, comprehensive evaluations in sound -booth: $72/hour in -kind; and consultation: $12/hour in -kind. 15. 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. WELD COUNTY BOARD OF COUNTY COMMISSIONERS CONSULTANT Willi a`Fh F. Garcia, Chairperson JUN _ Jo. i Little ATTEST: WELD COUNTY CLERK TO TH By Deputy Clerko the Board WELD COUNTY DEPARTMENT OF HI%ERIC Judy o,'rector d©n9- /3143 Hello