HomeMy WebLinkAbout20081809.tiff RESOLUTION
RE: APPROVE CONSULTANT AGREEMENT FOR MIGRANT/SEASONAL HEAD START
PROGRAM SERVICES AND AUTHORIZE CHAIR TO SIGN - CATHY LOESCH
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
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 Cathy Loesch, commencing
June 19, 2008, and ending September 30, 2008, 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 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 Cathy Loesch 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 30th day of June, A.D., 2008, nunc pro tunc June 19, 2008.
T---t_ BOARD OF COUNTY COMMISSIONERS
' � 1I/ kk WELD COUNTY, COLORADO
ATTEST: t ' 1%/1 /6--c-i-'
IS61 . qa William H. Jerke, Chair
Weld County Clerk to e • '&_
- A. EXCUSED
%c> ., Robert b. Masden, Pro-Tem
`
Deputy Clerk • the Board . "
Willi F. Garcia
AP V }1/48-r M: c cu Fd
ti David E. Long i
/boe.unty Attorney vAci -car-
Douglas ademacher
Date of signature: 6A0Oce
2008-1809
0 0 '. r`} Co-,A O HR0079
O7 -a/ - o2
n cm, -Ty
itrOh Memorandum
Date: June 30, 2008
I To: William H. Jerke, Chair, Bo rd of ounty Commissioners
C•
From: Judy A. Gr e , irec r,"Dept. um Services
COLORADO
Subject: Consultant Agreement Between the Weld County
Department of Human Services and Cathy Loesch
Enclosed for signature are three copies of a Consultant Agreement Between the Weld County
Department of Human Services on Behalf of the Family Education Network (FENWC) and
Cathy Loesch to coordinate and oversee Individual Education Plans for clients of FENWC.
This agreement was presented at the June 16, 2008 Work Session. Below are the major
provisions of the agreement:
1. The term of this agreement is June 19, 2008 through September 30, 2008.
2. Cathy Loesch with provide evaluations with regard to children's disability as it relates
to their education.
3. Loesch will provide training to staff and parents on working with children in the home and
classroom.
4. The cost of services is $41.00 per hour not to exceed $5,000.
If you have any questions please telephone me at 352-1551, extension 6510.
Filed O:BM 06 30 2008 D 02.doc
2008-1809
CONSULTANT AGREEMENT BETWEEN CATHY LOESCH AND THE FAMILY
EDUCATIONAL NETWORK OF WELD COUNTY
tL � �� �
THIS AGREEMENT, made and entered into this 30 day of 'JkflP-, 2008, 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 19, 2008 through September 30, 2008.
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.
g. 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.
Maintain a link with community agencies to assure optimal use of available
resources and services for families.
j. 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).
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 dtending the training.
i. Assist with the referral and transition processes to area Head Start Programs, School
District Programs and other appropriate programs for the 20062007 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 Division 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 CO ULTA T
�i T-J/✓ �4P�
William H. Je Ch o A�lR athy Loesc , G�nsultant
�i�� �;. 11IvIt.
ATTEST: /�'!/v/
WELD COUNTY CLERK TO T
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By: /l�ii/ l I. •���i,E .%A %!c '
Deputy Clerk t. i e Board V r
ATTESTING TO BOARD OF CriUNTY
COMMISSIONER SIGNATURES ONLY- ✓
Weld ounty Depa ent Human Services
Judy ego, it or
0200g- /Pe2
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