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Home My WebLink About20081185.tiff RESOLUTION RE: APPROVE CONSULTANT AGREEMENT FOR EARLY CHILDHOOD SPECIAL EDUCATION SERVICES AND AUTHORIZE CHAIR TO SIGN - PATRICIA LEWIS 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 Early Childhood Special Education 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 Patricia Lewis, commencing March 1, 2008, and ending November 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 Early Childhood Special Education 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 Patricia Lewis 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 23rd day of April, A.D., 2008, nunc pro tunc March 1, 2008. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Et ATTEST: ( - l Gv✓ 'Je rke, Weld County Clerk to the Bo 861 861 (�a�•�e fair O v' ert p. M .-?Pr o-Tem BY: Deputy 'Ierk to the Board ' Wil ai F. Garcia APP O FORM: ck, �cXc David E. Long nty Attorney os ((17 n o`---� ugl* Rademac r ate of signature: 9 28 2008-1185 HR0079 () 0 C /-f-S Ci o-t-c5) by-<-2-9 0� a MEMORANDUM fre"-- DATE: April 17, 2008 ' TO: Board of County Commissioners J I �`p O .FROM: Walt Speckman, Executive Director L `l/ a. COLORADO SUBJECT: Purchase of Services Agreement between FENWC and Patricia Lewis, Consultant Presented for approval before the Weld County Board of County Commissioners is a Purchase of Services Agreement between FENWC and Patricia Lewis, hereinafter referred to as "Consultant." The Consultant agrees to provide Early Childhood Special Education services (IEP's& IFSP's) and collaborate between the families of children with disabilities and Local Education Agencies at our Migrant/Seasonal Head Start Centers in Grand Junction and Olathe. FENWC agrees to reimburse the Consultant$38.00 per hour, not to exceed $5,000.00. Hours will be determined weekly through consultation with the Center Director, and the Mental Health/Disabilities Specialist. The term of this Agreement between FENWC and Consultant shall be for the period beginning March 1, 2008 through November 2008. If you have any questions please contact Janet Flaugher, Director, © 353-3800, ext. 3340. 2008-1185 CONSULTANT AGREEMENT BETWEEN PATRICIA LEWIS AND THE FAMILY EDUCATIONAL NETWORK OF WELD COUNTY THIS AGREEMENT, made and entered into this I day of s:trcI,, 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 Division of Human Services Family Educational Network of Weld County, hereinafter referred to as "FENWC" and Patricia Lewis, hereinafter referred to as "Consultant." WITNESSETH WHEREAS, FENWC will contract services of a Early Childhood Special Education (ECSE) Therapist for the Migrant/Seasonal Head Start Program in Grand Junction. 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 ECSE 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 March 1st, 2008 through November 2008. 2. Geographic Areas To Be Served: Migrant Head Start services shall be provided to enrolled Migrant/Seasonal Head Start children who are eligible in Grand Junction, Coloradd. 3. FENWC Responsibilities: a. Provide health and developmental screenings for all eligible Migrant/Seasonal Head Start children within two (2) weeks of enrollment. Provide training on the ASO 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 ESCE 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. j. FENWC agrees to reimburse the Consultant $ 38.00 per hour, not to exceed $5,000.00. Hours are to be determined weekly through consultation with the Center Director and the Mental Health and Disabilities Specialist. a. IN-KIND CONTRIBUTIONS: 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. 2 k. Monitor IEP's and children's progress monthly. Send all correspondence for Consultant to: Patricia Lewis 961 Main St. Grand Junction, CO 81501 (970) 245-0669 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 Mental Health/Disabilities 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 Mental Health/Disabilities Specialist within five days. d. Provide ECSE services as determined in the IEP/IFSP and submit monthly report to the Mental Health/Disabilities 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 Mental Health/Disabilities 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 for service will signed by the Center Director and sent to: FENWC Weld County Division of Human Services 3 Attention: Sharon K. Benson P.O. Box 1805 Greeley, Colorado 80632 h. Participate in evaluations as requested. i. 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 2007 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. 11. Waiver or ImmunitiesIThird-Party Liability: 4 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 5 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 herein above set forth. Weld County Board of County Consultant Commissioners tier William H. Jerke, Chairperson Patricia Lewis Attest: 1/ � �% j ��'� 1 l /iJ �` Weld County Clerk to the Board � is•ityre. $) By: ��9tC1h �7'�77 .-�. Deputy Crerk to the Board ,� I �e ATTESTING TO BOARD OF COUNTY COMMISSIONER SIGNATURES ONLY ATTESTING TO BOARD OF COUNTY COMMiSSiONER SiG APJTES 01JLY Di 'si of um Services Speckman, Executive Director 6 opy- //Ps Hello