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HomeMy WebLinkAbout20023226 RESOLUTION RE: APPROVE THREE 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 three 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 following providers, commencing September 30, 2002, and ending May 23, 2003, with further terms and conditions being as stated in said agreements 1) Jean McCarthy 2) Kim Miller 3) Cristin Ford, and 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 three 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 above listed providers be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreements. 2002-3226 HR0073 THREE CONSULTANT AGREEMENTS WITH VARIOUS PROVIDERS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of December, A.D., 2002, nunc pro tunc September 30, 2002. BOARD OF COUNTY COMMISSIONERS cc- WELD WELD COUNTY, COLORADO ATTEST: i .- EXCUSED 1861 ' .,len ad, Chair Weld County Clerk to th oa Ore ` I ( ,p �� David Lo r.•, �ro-Tem a BY: Deputy Clerk to the Board M. J. 'eile - , )7/ AP D AS F EXCUSED DATE OF SIGNING (AYE) William H. Jerke my ttorr�q� EXCUSED g //7/03Robert D. Masden Date of signature: 2002-3226 HR0073 CONSULTANT AGREEMENT BETWEEN JEAN McCARTHY AND FAMILY EDUCATIONAL NETWORK OF WELD COUNTY THIS AGREEMENT, made and entered into this 1 day of October,2002, 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," 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 30, 2002 through May 23, 2003. 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 Plateville. 3. FENWC Responsibilities: a. Schedule vision screenings for all eligible Head Start children within forty-five (45) days of enrollment. b. Work with the nurse 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 ;lo - 3_26 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$35.00 per hour for approximately 10 to 20 hours per week. g. FENWC agrees to reimburse nurse $.345 per mile program related activities. 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. d.- The Consultant will bill FENWC by the 10th of the month for previous month's charges. Bills will be sent to: Weld County Division of Human Services Family Educational Network of Weld County Attention: Julie Mallory 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 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 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. 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 COUNTY COMMISSIONERS CONSULTANT David E. Long, Chair -Tem (12/23/2002) Jean McCarthy WELD COUNTY DIVISION OF HUMAN SERVICES Walter . erector _ f ATTEST: tede '� t WELD COUNTY CL R tO OA r 1861 1/4 i. . Tr"1.1' iv By: _,ter • , Deputy Clerk to the Bob ( i N CONSULTANT AGREEMENT BETWEEN KIM MILLER AND FAMILY EDUCATIONAL NETWORK OF WELD COUNTY THIS AGREEMENT, made and entered into this 23rd day of December , 2002, 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,"of Weld County and Kim Miller, hereinafter referred to as "Audiologist." WITNESSETH WHEREAS, FENWC will contract audiologist 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 audiology services for children enrolled in the Family Educational Network of Weld County's' 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. 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 30, 2002 through May 23, 2003. 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 hearing screenings for all eligible Head Start children within forty- five (45) days of enrollment. b. Work with the audiologist to provide follow-up services to all children with suspected hearing 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. ;load-322(p • e. Maintain a link with community agencies to assure optimal use of available resources and services for families. f. FENWC agrees to reimburse the Audiologist $35.00 per hour for approximately 10 hours per week. g. FENWC agrees to reimburse audiologist $345 per mile for program related activities. 4. Consultant Responsibilities: a. Ensure that every 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. b. Work with the Health Specialist to ensure that all children receive a hearing screening and that an appropriate referral and follow-up is made for any hearing 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 Division of Human Services Family Educational Network of Weld County Attention: Julie Mallory 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 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 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. 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 COUNTY COMMISSIONERS CONSULTANT gfri & David E. Long, Chair P o-Tem (12/23/2002) Kim Miller WELD COUNTY DIVISION OF HUMAN SERVICES Walter J. c an, Exe tive Director la aATTEST: %% WELD COUNTY CLER ti+ aa Qom-, 1851 By: Deputy Clerk to the Bt 4 `. CONSULTANT AGREEMENT BETWEEN CRISTIN FORD AND FAMILY EDUCATIONAL NETWORK OF WELD COUNTY THIS AGREEMENT, made and entered into this_23rd day of December , 2002, 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,"of Weld County and Cristin Ford, hereinafter referred to as "Audiologist." WITNESSETH WHEREAS, FENWC will contract audiologist 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 audiology services for children enrolled in the Family Educational Network of Weld County's' 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. 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 30, 2002 through May 23, 2003. 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 hearing screenings for all eligible Head Start children within forty- five (45) days of enrollment. b. Work with the audiologist to provide follow-up services to all children with suspected hearing 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 Audiologist $35.00 per hour for approximately 10 hours per week. g. FENWC agrees to reimburse audiologist$.345 per mile for program related activities. 4. Consultant Responsibilities: a. Ensure that every 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. b. Work with the Health Specialist to ensure that all children receive a hearing screening and that an appropriate referral and follow-up is made for any hearing 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 Division of Human Services Family Educational Network of Weld County Attention: Julie Mallory 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 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 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. 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 COUNTY COMMISSIONERS CONSULTANT David E. Long, Chair Pr -Tem (12/23/2002) Cristin Ford WELD COUNTY DIVISION OF HUMAN SERVICES Walter c an, Executive Director ATTEST: fa i �%�I E ` WELD COUNTY CLERK TPt By: Deputy Clerk to the B..` 0 �� MEMORANDUM a : 97 DATE: December 23, 2002 Ii`D1 TO: Weld County Board of Count�r' ort#misstoriets O • FROM: Walt Speckman, Executive Director, Division of COLORADO Human Services SUBJECT: Various Purchase of Services Agreement Presented before the Weld County Board of County Commissioners are various Purchase of Service Agreements between the Division of Human Services' Family Educational Network of Weld County and: 1) North Range Behavioral Health for the provision of mental health services to eligible Head Start children and families.jCristin Ford for audiology services for eligible Head Start children. 3 . Kim Miller for audiology services for eligible Head Start children. 4 , Jean McCarthy for vision screenings for eligible Head Stat children. 2002-3226 Hello