HomeMy WebLinkAbout20091256.tiffRESOLUTION
RE: APPROVE TWO CONSULTANT AGREEMENTS FOR MIGRANT/SEASONAL HEAD
START PROGRAM SERVICES 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 two Consultant Agreements for
Migrant/Seasonal Head Start Program 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 the providers listed below,
commencing June 1, 2009, and ending September 30, 2009, with further terms and conditions
being as stated in said agreements, and
Cathy Loesch (Special Education)
Carol Haworth (Speech/Language)
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 the two Consultant Agreements for Migrant/Seasonal Head Start Program
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 the providers listed above, be, and hereby are, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreements.
)
2009-1256
H R0080
RE: CONSULTANT AGREEMENTS FOR MIGRANT/SEASONAL HEAD START PROGRAM
SERVICES
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 1st day of June, A.D., 2009.
ATTEST:
Weld County Clerk t
BY
Deputy Cle to the Boa d�
Al7OV 6ftRM:
unty Attorney
Date of signature 6/O009
BOARD OF COUNTY COMMISSIONERS
WELD ,COUNT LORADO
William F. Garcia, Chair
EXCUSED
Douglas Rademacher, Pro-Tem
t
Sean P. Conway
EXCUSED
Barbra Kirkmeyer
David E. Long
2009-1256
H R0080
MEMORANDUM
DATE: May 28, 2009
III1D
• TO: William F. Garcia, Chair, Board of County Commissi ners
FROM: Judy A. Griego, Director, Human $ces �artm
COLORADO RE: I !!
Consultant Agreements between the Weld County
Department of Human Services and Various Providers
Enclosed for Board approval are Consultant Agreements between the Weld County
Department of Human Services and Providers listed below. These Agreements were
presented at the Board's May 27, 2009. Work Session.
Below are the major provisions of the attached Agreements:
No.
Provider of Service
and Term
Service Provided
Rate
1
Cathy Loesch
June 1, 2009 — September 30, 2009
Special Education
Maximum:
$5,000.00
2
Carol Haworth
June 1, 2009 — September 30, 2009
Speech/Language
Maximum:
$5,000.00
If you have questions, please give me a call at extension 6510.
2009-1256
CONSULTANT AGREEMENT BETWEEN CATHY LOESCH AND THE FAMILY
EDUCATIONAL NETWORK OF WELD COUNTY
THIS AGREEMENT, made and entered into this day of ,\ e J, 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 Cathy Loesch, hereinafter referred to as "Consultant."
WITNESSETH
WHEREAS, FENWC wishes to contract services of an Early Childhood Special
Education Specialist for the Migrant/Seasonal Head Start Program in Weld County.
WHEREAS, Head Start Policies and Procedures regarding children with disabilities
and their families enrolled in the FENWC Migrant/Seasonal Head Start Program are based
on the Administration for Children and Families Performance Standards (45-CFR 1304,
1305, and 1308) in accordance with Section 504 of the Rehabilitative Act of 1973 and
IDEA.
WHEREAS, the purpose of this Agreement is to increase the level of early childhood
special education services for children enrolled in the Family Educational Network of Weld
County's' Migrant/Seasonal Head Start Program. The intent of this Agreement is to
coordinate and oversee Individual Education Plans (IEP's)/Individual Family Service Plans
(IFSP's), and collaboration between the above named, the families of children with
disabilities, and Local Education Agencies (LEA's).
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 1, 2009 through September 30, 2009.
2. Geographic Areas To Be Served:
Migrant / Seasonal Head Start services shall be provided to enrolled Migrant Head
Start children who are eligible in Weld County.
3. FENWC Responsibilities:
a. Provide health and developmental screenings for all eligible Migrant/
Seasonal Head Start children within two (2) weeks of enrollment.
b. Refer all children with suspected disabilities to the consultant for referral and
evaluation, to determine whether there is a need for Special Education and
related services.
c. Share the responsibility for assisting the parents with paperwork.
d. Provide an inclusive or mainstream experience for children with disabilities
enrolled in the FENWC Migrant/Seasonal Head Start Program. Assure
children with disabilities are included in the full range of activities and
services normally provided to all Migrant/Seasonal Head Start children.
e. Provide reasonable accommodations/modifications necessary to meet the
special needs of children with disabilities (to include, but not limited to,
equipment, furniture, special assistants.)
f. Set up and maintain procedures in cooperation with school districts for the
transition of children and/or compile complete information the families can
carry with them to facilitate a continuum of care for their child.
9.
Serve as a placement option for Migrant/Seasonal Head Start eligible
children (6 weeks to 5 years) with disabilities.
h. Assure that the FENWC Migrant/Seasonal Head Start parent is aware of the
referral, signs the appropriate permission for evaluation forms, and
understands the referral and evaluation process.
J.
Maintain a link with community agencies to assure optimal use of available
resources and services for families.
FENWC agrees to reimburse the Consultant $ 41.00 per hour, not to exceed
$5,000.00. Numbers of hours per week to be determined by the FENWC
Center Directors in consultation with the Disability/Mental Health Specialist.
Checks will be sent to:
Cathy Loesch
1347 52nd Ave. Ct.
Greeley, CO 80634
k. Bills for services are to be signed by the FENWC Disabilities and Mental
Health Specialist and include the Contracted Provider Tracking Sheet
(example attached).
I. Monitor IEP and IFSP children's progress monthly.
4. Consultant Responsibilities:
a. Ensure that parents understand their rights and responsibilities as parents of
a child with a disability.
b. Provide pre -referral and formal evaluation, which meet the requirements of
IDEA, during the Migrant/Seasonal season (June - September). Referral,
evaluation data findings and forms will be kept in the child's file and a copy
submitted to the Disabilities and Mental Health Specialist to verify process.
c. Facilitate and supervise IEP's/IFSP's for appropriate documentation
planning, placement, and follow through; provide ancillary consultant and/or
remedial services to children with disabilities enrolled in the FENWC
Migrant/Seasonal Head Start as determined necessary in the IEP/IFSP. The
original IEP/IFSP will remain on site and a copy will be submitted to the
Disabilities and Mental Health Specialist within five days.
d. Provide special education programs as determined in the IEP/IFSP and
submit the Contracted Provider Tracking Sheet to the Disabilities and Mental
Health Specialist for approval.
e. Maintain communication with the Part B & C Child Find Coordinator as the
evaluation and IEP/IFSP process is completed. Assist the family in
communication and support. Submit monthly reports to the Disabilities and
Mental Health Specialist for approval.
f. Provide training, as needed, to FENWC Migrant/Seasonal Head Start staff
and parents on working with children with disabilities in the classroom and
home. Document all training with an outline of the training and signatures of
all attending the training.
g
The Consultant will bill FENWC by the 10th of the month for previous
month's charges. Bills and copies of the current Contracted Providers
Tracking Sheet and any Training Documentation will be sent to:
Family Educational Network of Weld County
Weld County Department of Human Services
Attention: Sharon K. Benson
P.O. Box 1805
Greeley, Colorado 80632
h. Provide training to staff and parents on the Special Education Process. .
Document all training with an outline of the training and signatures of all
attending the training.
i. Assist with the referral and transition processes to area Head Start Programs,
School District Programs and other appropriate programs for the 2006-2007
school year.
j. Train teachers in specific motor and education activities and modifications for
classrooms and home.
k. Provision of the above outlined services at the designated costs represents an in
kind contribution of $ 35.00 per hour to the FENWC program in the services and
amount.
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 and/or Site Manager
should be notified immediately. If the problem/disagreement still can not 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. 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 the Weld County Department of Human
Services shall conduct monitoring and evaluation of the performance of this
Agreement 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 COMMISSIONERS
William F. Garrja, Cji it
ATTEST:
WELD COUNTY CLERK TO
By:
Deputy Clerk o the Board
ATTESTING TO BOARD OF COU
COMMISSIONER SIGNATURES 0
Jud
Weld County Departmen of Human Services
CONSULTANT
by Loes r' SE Specialist
CONSULTANT AGREEMENT BETWEEN CAROL HAWORTH AND THE FAMILY
EDUCATIONAL NETWORK OF WELD COUNTY
THIS AGREEMENT, made and entered into this day ofd, .z , 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"
and Carol Haworth, hereinafter referred to as "Consultant."
WITNESSETH
WHEREAS, FENWC will contract services of a Speech and Language Therapist for
the Migrant/Seasonal Head Start Program in Weld County.
WHEREAS, Head Start Policies and Procedures regarding children with disabilities
and their families enrolled in the FENWC Migrant/Seasonal Head Start Program are based
on the Administration for Children and Families Performance Standards (45-CFR 1304,
1305, and 1308) in accordance with Section 504 of the Rehabilitative Act of 1973 and
IDEA.
WHEREAS, the purpose of this Agreement is to increase the level of Speech and
Language services for children enrolled in the Family Educational Network of Weld
County's' Migrant/Seasonal Head Start Program. The intent of this Agreement is to
coordinate and oversee services outlined in Individual Education Plans (IEP's) and/or
Individual Family Service Plans (IFSP's), and collaboration between the above named, the
families of children with disabilities, and Local Education Agencies (LEA's).
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 1, 2009 through September 30, 2009.
2. Geographic Areas To Be Served:
Migrant Head Start services shall be provided to enrolled Migrant/Seasonal Head
Start children who are eligible in Greeley, Colorado.
3. FENWC Responsibilities:
a. Provide health and developmental screenings for all eligible Migrant/Seasonal
Head Start children within two (2) weeks of enrollment.
&cc9-/'S6
Provide training on the ASQ screening tool for teachers and appropriate
staff.
b. Refer all children with suspected Special Needs to the LEA and/or consultant
for referral and evaluation, to determine whether there is a need for Sp/L and
ECSE services.
c. Share the responsibility for assisting the parents with paperwork.
d. Provide an inclusive or mainstream experience for children with disabilities
enrolled in the FENWC Migrant/Seasonal Head Start Program. Assure
children with disabilities are included in the full range of activities and
services normally provided to all Migrant/Seasonal Head Start children.
e. Provide reasonable accommodations/modifications necessary to meet the
special needs of children with disabilities (to include, but not limited to,
equipment, furniture, special assistants.)
f. Set up and maintain procedures in cooperation with school districts for the
transition of children and/or compile complete information the families can
carry with them to facilitate a continuum of care for their child.
g. Serve as a placement option for Migrant/Seasonal Head Start eligible
children (6 weeks to 5 years) with disabilities.
h. Train FENWC Migrant/Seasonal Head Start staff and parents on the referral
process. Assist also with training on disability awareness, recognition and
Mental Wellness.
Maintain a link with community agencies to assure optimal use of available
resources and serves for families.
FENWC agrees to reimburse the Consultant $ 41.00 per hour, not to exceed
$5,000.00. Hours are to be determined weekly through consultation with the
Center Director and the Disabilities and Mental Health Specialist.
IN -KIND CONTRIBUTION: Provision of the above outlined services at the
designated costs represents an in kind contribution of $ 4.00 per billed
hour to the FENWC program in the services provided.
k. Monitor IEP's and children's progress monthly.
I. Send all correspondence for Consultant to:
Carol Haworth
5226 West 9th St.
Greeley, CO 80634
970-351-6601
4. Consultant Responsibilities:
a. Ensure that parents understand their rights and responsibilities as parents of
a child with a disability.
b. Provide pre -referral and formal evaluation, which meet the requirements of
IDEA, during the Migrant season (March through November). Referral,
evaluation data findings and forms will be kept in the child's file and a copy
submitted to the Disabilities/Mental Health Specialist to verify process.
c. Facilitate and supervise IEP's/IFSP's for appropriate documentation,
planning, placement, and follow through; provide ancillary consultant and/or
remedial services to children with disabilities enrolled in the FENWC
Migrant/Seasonal Head Start as determined necessary in the IEP/IFSP. The
original IEP/IFSP will remain on site and a copy will be submitted to the
Disability/Mental Health Specialist within five days.
d. Provide ECSE services as determined in the IEP/IFSP and submit monthly
report to the Disability/Mental Health Specialist for approval.
e. Maintain communication with the Part B & C/Child Find Coordinator as the
evaluation and IEP/IFSP process is completed. Assist the family in
communication and support. Submit monthly report to the Disability/Mental
Health Specialist for approval.
f. Provide training, as needed, to FENWC Migrant/Seasonal Head Start staff
and parents on working with children with disabilities in the classroom and
home.
g.
The Consultant will bill FENWC by the 10th of the month for previous
month's charges. Bills are to include the Contracted Provider Tracking Sheet
and a Specialist Time Sheet with amount due. (Copies attached) Bills will be
sent to:
3
FENWC
Weld County Department of Human Services
Attention: Sharon K. Benson
P.O. Box 1805
Greeley, Colorado 80632
h. Participate in evaluations as requested.
Provide training to parents and staff in areas of specialization. Train teachers
and parents in specific ECSE activities for home and classroom.
j. Assist with the referral and transition processes to local Head Start
Programs, School District Programs, and other programs for the 2008 school
year.
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 Disability/Mental Health
Specialist and/or Center Director should be notified immediately. If the
problem/disagreement still cannot be resolved, it will be taken to the Director of
FENWC Migrant and Seasonal Head Start.
8. Applicable Law:
FENWC agrees to follow policies and procedure of the Consultant as construed in
accordance with the Consultants licensure or certification regulations as they relate
to service provision, documentation 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.
4
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. 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.
5
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 the Weld County Department of Human
Services shall conduct monitoring and evaluation of the performance of this
Agreement 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 herein above set forth.
Weld County Board of County Consultant
Willie F. Garc2, hairperson
JUN - 1 2009
Attest:
Weld County Clerk to the Bo
By:
Deputy Clerk to the Board
ATTESTING TO BOARD OF COUNTY
COMMISSIONER SIGNATURES ONLY
CiLc& c, 4 .oH1t km; cc- SI
Carol Haworth,
Speech/Language Therapist
Weld County Department of Human Services
I
Judy riego, Cirector �I
6
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