HomeMy WebLinkAbout20092562.tiffRESOLUTION
RE: APPROVE TWO CONSULTANT AGREEMENTS WITH VARIOUS PROVIDERS 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 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 September 1, 2009, and ending June 3, 2010,
with further terms and conditions being as stated in said agreements, and
1. Jean McCarthy
2. Judy Frank
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 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 28th day of September, A.D., 2009, nunc pro tunc September 1, 2009.
BOARD OF COUNTY COMMISSIONERS
ATTEST:
Weld County Clerk to the
BY:
Deputy Clerk to the Boar
APEI2.OVE
Date of signature Ladd
ounty Attorney
WELD C'UNIT UNITY - O
Iliam F. Garcia, Chair
Se P. Conway
/
LA—
B'ar a Kirkmeyer )
David E. Long
2009-2562
HR0080
(( ; HSCi o- Uri /042706/
MEMORANDUM
DATE: September 23, 2009
111111c TO: William F. Garcia, Chair, Board of County Coissioners
FROM: Judy A Griego, Director, Human Services artm t�
•
COLORADO RE.
Consultant Agreements between the Weld County
Department of Human Services and Various Providers
Enclosed for Board approval are Consultant Agreements between the Department's FENWC
Head Start Program and Various Providers. These Agreements were presented at the Board's
September 22, 2009, Work Session.
The major provisions of these Agreements are as follows:
No.
Provider/Term
Program Area
Rates
1
Judy Frank
September 1, 2009 — June 3, 2010
Vision Screening for eligible
Head Start Children
$50.00/Hour
Max. $9,000
2
Jean McCarthy
September 1, 2009 -- June 3, 2010
Vision Screening for eligible
Head Start Children
$50.00/Hour
Max. $9,000
if you have any questions, give me a call at extension 6510.
2009-2562
CONSULTANT AGREEMENT BETWEEN JEAN McCARTHY AND FAMILY
EDUCATIONAL NETWORK OF WELD COUNTY
THIS AGREEMENT, made and entered into this /S-- day of September, 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 Family Educational Network of Weld County,
hereinafter referred to as "FENWC," of Weld County and, Jean McCarthy hereinafter
referred to as "Nurse."
WITNESSETH
WHEREAS, FENWC will contract ophthalmology services for the Head Start
Program.
WHEREAS, Head Start Policies and Procedures regarding eligible children and their
families enrolled in the FENWC 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 ophthalmology services for
children enrolled in the Family Educational Network of Weld County's' Head Start Program.
The intent of this Agreement is to coordinate ophthalmology services and collaboration
between the above named, the families of children of FENWC and health clinics/providers.
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 September 1, 2009 through June 3, 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.
3. FENWC Responsibilities:
a. Schedule vision screenings for all eligible Head Start children within forty-five
(45) days of enrollment.
b. Work with the Health Specialist to provide follow-up services to all children
with suspected vision concerns for an evaluation to determine whether there
is a need for services.
c. Share the responsibility for assisting the parents with paperwork.
d. Assure that the FENWC Head Start parent is aware of the referral, signs the
appropriate permission for evaluation forms, and understands the referral
and evaluation process.
e. Maintain a link with community agencies to assure optimal use of available
resources and services for families.
f. FENWC agrees to reimburse the nurse $50.00 per hour for approximately 10
to 20 hours per week, and not to exceed $9,000 for the Regional Head
Start Program.
g.
FENWC will not reimburse for mileage or travel time.
4. Consultant Responsibilities:
a. Ensure that every child receives a vision screening within forty-five (45) days
of enrollment and ensure that all re -checks are done within two weeks of the
first screening.
Work with the Health Specialist to ensure that all children receive a vision
screening and that an appropriate referral and follow-up is made for any
vision concerns noted.
c. Ensure that all documentation and paper work is complete per the Health
Specialist instruction.
d. The Consultant 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. 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 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 $ 12.00 an hour to the FENWC program in the services and
amounts following; Ophthalmology Services, $12.00 an hour.
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 Department 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
MISSIONERS
lam F. Gafcia, Chairperson(`
SEE
ATTEST: 4iteir ""'
WELD COUNTY CLERK JO #HE BOARD
By;
11)
WELD COUNTY DEPARTMENT
OF HUMAN SERVICES,
A)
Judy
Griegdy D'recto
v
CO ULTANT
-/-,---`111 ° fa,�x ,/
Jea McCarthy
tb J - :?5 t;:
CONSULTANT AGREEMENT BETWEEN JUDY FRANK AND FAMILY
EDUCATIONAL NETWORK OF WELD COUNTY
THIS AGREEMENT, made and entered into this '[' day of September, 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, Judy Frank hereinafter referred to as "Nurse."
WITNESSETH
WHEREAS, FENWC will contract ophthalmology services for the Head Start
Program.
WHEREAS, Head Start Policies and Procedures regarding eligible children and their
families enrolled in the FENWC 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 ophthalmology services for
children enrolled in the Family Educational Network of Weld County's' Head Start Program.
The intent of this Agreement is to coordinate ophthalmology services and collaboration
between the above named, the families of children of FENWC and health clinics/providers.
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 September 1, 2009 through June 3, 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.
3. FENWC Responsibilities:
a. Schedule vision screenings for all eligible Head Start children within forty-five
(45) days of enrollment.
b. Work with the Health Specialist to provide follow-up services to all children with
suspected vision concerns for an evaluation to determine whether there is a
need for services.
c. Share the responsibility for assisting the parents with paperwork.
d. Assure that the FENWC Head Start parent is aware of the referral, signs the
appropriate permission for evaluation forms, and understands the referral
and evaluation process.
e. Maintain a link with community agencies to assure optimal use of available
resources and services for families.
f. FENWC agrees to reimburse the nurse $50.00 per hour for approximately 10
to 20 hours per week, and not to exceed $9,000 for the Regional Head Start
Program.
g.
FENWC will not reimburse for mileage or travel time.
4. Consultant Responsibilities:
a. Ensure that every child receives a vision screening within forty-five (45) days
of enrollment and ensure that all re -checks are done within two weeks of the
first screening.
2. Work with the Health Specialist to ensure that all children receive a vision
screening and that an appropriate referral and follow-up is made for any
vision concerns noted.
c. Ensure that all documentation and paper work is complete per the Health
Specialist instruction.
c. The Consultant 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. 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 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 $ 12.00 an hour to the FENWC program in the services and
amounts following; Ophthalmology Services, $12.00 an hour.
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 Department 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 CO NTY BOARD OF
COUNTMOMMISSIONERS
William F. Garcia, Chairperson
FP
ATTEST:
WELD COUNTY C
By:
WELD COUNTY DEPARTMENT
OF HUMAN SERVICE
CONSULTANT
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