HomeMy WebLinkAbout20092868.tiffRESOLUTION
RE: APPROVE CONSULTANT AGREEMENT AND AUTHORIZE CHAIR TO SIGN -
UNIVERSITY OF NORTHERN COLORADO, COLLEGE OF NATURAL AND HEALTH
SCIENCES
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 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 (FENWC), and the University of Colorado, College of Natural and Health Sciences,
commencing November 1, 2009, and ending October 31, 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 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 (FENWC), and the University of
Colorado, College of Natural and Health Sciences, 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 28th day of October, A.D., 2009.
Weld County Clerk to the
Deputy Clerk to the Boar
Date of signature: !!
BOARD OF COUNTY COMMISSIONERS
WELQ CQUN7�Y, COLORADO
Seap P. Conway
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Barf a Kirkmeye
David E. Long
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2009-2868
H R0080
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MEMORANDUM
oti\tilp DATE: October 26, 2009
WilDTO: William F. Garcia, Chair, Board of County Commissioners
Q FROM: Judy A. Griego, Director, Human Services De artmyenf "•-• `.0r'' . 'c''.
• COLORADO RE:
Various Services Agreements between the Weld County
Department of Human Services' Family Educational Network and
Various Providers
Enclosed for Board approval are Various Services Agreements between the Department's Family Educational
Network and Various Providers. These Agreements were presented at the Board's October 26, 2009, Work
Session.
The major provisions of these Agreements are as follows:
No.
Provider/Term
Program Area
Rates
1
Board of Cooperative
Educational Services (BOCES)
11/30/09 - 11/29/10
Educational Services for
FENWC Eligible Children
with Disabilities
$100 per year per
child with an active
IEP
$240 per child for
non -eligible Head .
Start children
2
Dr. Mike Jones, D.D.S.
Toothzone
08/28/09 - 06/03/10
Dental Services
$5.00 per child per
screening/examination
for Head Start eligible
children
3
Weld County School District 6
09/25/09 - 06/03/10
Meal Services (breakfast,
lunch including milk, and
snacks) for approximately
460 children and
approximately 45 adults
$1.45 per person for
breakfast
$2.80 per person for
lunch
$.95 per person for
Snack
4
Weld County School District RE -3J
09/0 1 /09 - 05/30/10
Educational Services - Early
Childhood Special Education
Services for Head Start
Eligible Children
Meal Services (breakfast,
lunch including milk, and
snacks) for approximately 45
children and approximately
10 adults
$1.75 per child for
breakfast
$2.40 per child for
lunch
$1.00 per child for
snack
$2.00 per adult for
breakfast
$3.00 per adult for
lunch
$1.00 per adult for
Snack
2009-2868
The Greeley Gopher
09/25/09 — 06/03/10
Courier Services — Provide
meal delivery services to
Head Start Centers (Plaza del
Milagro)
$1,475 per week
Max. $19,175 plus
Fuel surcharge for 13
weeks
$61 per Hour for
Screening Services
$75 per Audiometric
Evaluation
Max. $8,000 for
Regional Head Start
Max. $4,000 for
Migrant and Seasonal
Head Start Program
6
University of Northern
Colorado College of Natural
and Health Sciences
11/01/09 — 10/31/10
Hearing Screenings and
Audiology Services for Both
Regional and Migrant and
Seasonal Head Start Programs
If you have any questions, give me a call at extension 6510.
CONSULTANT AGREEMENT BETWEEN
THE BOARD OF TRUSTEES OF THE UNIVERSITY OF NORTHERN COLORADO
COLLEGE OF NATURAL AND HEALTH SCIENCES
AND
FAMILY EDUCATIONAL NETWORK OF WELD COUNTY
THIS AGREEMENT, made and entered into November 1, 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, for the benefit of its "Head Start Program", hereinafter
referred to as "FENWC," and the State of Colorado acting by and on behalf of the Board of
Trustees of the University of Northern Colorado, College of Natural and Health Sciences,
Speech -Language Pathology and Audiology Clinic , Gunter Hall, Campus Box 55, with a
mailing address of 501 20th Street, Greeley, CO 80639, hereinafter referred to as "UNC."
WITNESSETH
WHEREAS, FENWC will contract audiology services for its 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 November 1, 2009 through October 31, 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. Children will be in
reasonable good health (not suffering from flu -like symptoms) when receiving
services of UNC.
b. Work with UNC to arrange follow-up evaluations and/or services to all children
not passing screenings.
c. Share the responsibility for assisting the parents with paperwork. FENWC will
maintain children's confidential records.
d. 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.
f. Maintain a link with community agencies to assure optimal use of available
resources and services for children of families.
g. FENWC agrees to reimburse UNC $61.00 per hour (number of hours to be
determined in consultation with Center Directors and the FENWC Health
Specialist on a weekly basis) for screening services, and $75.00 per
audiometric evaluation conducted at UNC's site, not to exceed $8,000 for the
Regional Head Start Program and $4,000 for the Migrant and Seasonal Head
Start Program.
4. UNC 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 (to include tympanometry and pure tone screening of 25 dB at 500
Hz and 20 dBHL at 1000, 2000, and 4000 Hz) and that an appropriate referral
and follow-up is made for any audiological concerns noted.
c. Ensure that all documentation and paperwork is complete per the Health
Specialist's instruction. UNC will track and maintain PIR reporting data, and
provide reports to the FENWC Health Specialist with in one week of the
program end (no later than June 11, 2010 for Regional Head Start and
September 20 for Migrant and Seasonal Head Start.)
d. UNC agrees to provide documentation of a completed background check.
e. UNC will bill FENWC by the 10th of the month for previous month's charges.
Bills will be sent to:
Weld County Department of Human Services
Family Educational Network of Weld County
Attention: Health Specialist
P.O. Box 1805
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. FENWC may assign any of its
rights/obligations hereunder with the prior written consent of the other party, which consent
will not be unreasonably withheld.
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 UNC as
construed in accordance with Colorado law, the Colorado School Finance Act of 1988, as well
as all FERPA and HIPAA rules, regulations and guidelines as those acts may be modified
from time to time, and any other applicable laws and regulations.
9. Termination/Notice: 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. Termination
will not relieve FENWC of any payment due to UNC for services rendered prior to the
termination date, nor will UNC be relieved of its obligation to provide services up to and
including the termination date. With respect to the representative of UNC, such individual shall
have the authority to approve invoices for payment and act otherwise for UNC, except with
respect to the execution of formal contract amendments to or termination of this contract. For
the purpose of this Agreement, the individuals identified below are hereby designated
representatives of the respective parties. All notices required to be given by the parties
hereunder shall be hand delivered or sent by certified or registered mail to the individuals at
the addresses set forth below. Either party may from time to time designate in writing
substitute addresses or persons to whom such notices shall be sent:
To FENWC:
Weld County Department of Human Services
Family Educational Network of Weld County
Attention: Health Specialist (Amber Arens)
P.O. Box 1805
Greeley, Colorado 80632
Telephone: 970-353-3800 ext 3364/Fax: 970-304-6453
To State/UNC:
DENISE A. BATTLES, DEAN
UNIVERSITY OF NORTHERN COLORADO
COLLEGE OF NATURAL AND HEALTH SCIENCES
CAMPUS BOX 134, GUNTER HALL 1000
GREELEY, CO 80639
Telephone: 970-351-2877/fax: 970-351-2176
And
Jennifer E. Weber, Au.D., CCC-A
Associate Professor & Program Coordinator
Audiology & Speech -Language Sciences
COLLEGE OF NATURAL AND HEALTH SCIENCES
UNIVERSITY OF NORTHERN COLORADO
CAMPUS BOX 140, GUNTER HALL 1360
Greeley, CO 80639
Telephone: 970-351-1595/fax: 970-351-1601
Any notice mailed in compliance with this section will be deemed to have been given upon the
earlier of receipt or three days after deposit, except that notice of change of address will not
be deemed effective until actual receipt by the intended recipient.
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 unless
done so in writing and executed by both parties.
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 FENWC, 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 $ 0 to the FENWC program.
1. Assurances:
a. Both parties agree that as independent contractors, its officers, employees, and
clients do not become employees of the other party, and therefore are not
entitled to any employee benefits as employees as a result of the execution of
this Agreement.
b. Each party's liability to the other party for failure to perform its obligations under
this Agreement shall be limited to the amount of direct damage actually
incurred. In no event shall either party be liable to the other party for any
punitive, incidental, indirect, special, or consequential damages of any kind
whatsoever, including for loss of business opportunity or profits, regardless of
whether such damages were foreseen, except as otherwise expressly stated
herein.
c. Notwithstanding anything herein to the contrary, no term or condition of this
Agreement shall be construed or interpreted as a waiver, express or implied, of
any of the immunities, rights, benefits, protections, or other provisions of the
"Colorado Governmental Immunity Act", CRS §24-10-101, et seq., as now or
hereafter amended. The parties understand and agree that the liability of the
State for claims for injuries to persons or property arising out of negligence of
the State of Colorado, its departments, institutions, agencies, boards, officials,
and employees is controlled and limited by the provisions of CRS §24-10-101,
et seq., as now or hereafter amended and the risk management statues, CRS
§24-30-1501, et seq., as now or hereafter amended. Any liability of the
University created under any other provision of this Agreement, whether or not
incorporated herein by reference, shall be controlled by, limited to, and
otherwise modified so as to conform to the above cited laws. These obligations
shall survive the termination or expiration of this Agreement. Nothing herein
shall constitute a waiver of either party's sovereign immunity.
d. Each party shall provide adequate liability and worker's compensation
insurance for all of its employees or students engaged in the performance of
this Agreement as required by the Colorado Worker's Compensation Act.
e. No officer, member, or employee, and no member or their governing bodies
shall have any pecuniary interest, direct or indirect in the approved Agreement
or the proceeds thereof.
f. UNC 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 and UNC.
g.
Both parties 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.
h. FENWC party will expend funds from a federal grant or appropriation in order to
fulfill its obligations under this Agreement. Weld County will have an obligation
to inform the other party and to identify any mandatory federal contracting
terms.
Notwithstanding anything herein to the contrary, provisions of this Agreement
requiring continued performance, compliance, or effect after termination hereof,
shall survive such termination and shall be enforceable by the State if FENWC
fails to perform or comply as required.
j. Waiver of any breach of a term, provision, or requirement of this Agreement or
any right or remedy hereunder, whether explicitly or by lack of enforcement,
shall not be construed or deemed as a waiver of any subsequent breach of
such term, provision or requirement, or of any other term, provision or
requirement.
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, C I TONERS
By: i f� 0CT 2 8 2009 By: 10121 {O
am F. Grcia, Chairperson Denise A. Battles, Dean Date
ATTEST:
WELD COUNTY CLER SPEECH LANGUAGE SCIENCES
UNIVERSITY OF NORTHERN COLORADO
College of Natural and Health Sciences
By:
Deputy Clerk t
WELD COUNTY DEPARTMENT
OF HUMAN SERVICES
By: v[. V
Jude. G i go, Ditor Date
y:
J er E. Weber, Au.D., CCC-A
A ociate Professor
Program Coordinator
970-351-1595/970-351-1601
07609- ciT‘
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