HomeMy WebLinkAbout20050736.tiff RESOLUTION
RE: APPROVE CONSULTANT AGREEMENT FOR SPEECH AND LANGUAGE SERVICES
AND AUTHORIZE CHAIR TO SIGN -JENNIFER MCCLASKEY
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 Speech and
Language 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 Jennifer McClaskey,commencing February 7,2005,and
ending September 30, 2005,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 Speech and Language 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 Jennifer McClaskey 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
le following vote on the 7th day of March, A.D., 2005, nunc pro tunc February 7, 2005.
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P 4 74 \ BOARD OF COUNTY COMMISSIONERS
� WELD COUNTY, COLORADO
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William H. J rke, Chair
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i%:.c i1 Clerk to the Board
M. eile, 'r em
BY: u of
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Deputy Cler to t e Board
David E. Long V
APPRO AS TO FOR •
EXCUSED
Robert D. Masden
ounty Attdrn
EXCUSED
//4161-5—
Glenn Vaad
Date of signature:
2005-0736
HR0076
Kt' its Cam) O3-Br--oS
MEMORANDUM
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i ' DATE: February 24, 2005
II
I �•TO: Board of County Commissioners
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FROM: Walt Speckman, Executive Director U1,
COLORADO SUBJECT: Purchase of Services Agreement
Enclosed for Board approval is a Purchase of Services Agreement between the Family
Educational Network's' Migrant/Seasonal Head Start Program and Jennifer McClaskey,
hereinafter referred to as "Consultant".
The Consultant agrees to provide Speech and Language services to our Migrant Head Start
children in Grand Junction and Olathe Centers.
FENWC agrees to reimburse the Consultant $36.00 per hour. Number of hours will be
determined by the Grand Junction Center Director in consultation with the FENWC Mental
Health/Disabilities Specialist on a weekly basis.
The term of this Purchase of Services Agreement is from February 7, 2005 through
September 30, 2005.
If you have any questions please contact Janet Flaugher, Director, @ 353-3800, ext. 3340.
CONSULTANT AGREEMENT BETWEEN JENNIFER MCCLASKEY AND FAMILY
EDUCATIONAL NETWORK OF WELD COUNTY
THIS AGREEMENT, made and entered into this 7th day of February, 2005, 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 Jennifer McClaskey, hereinafter referred to as "Consultant."
WITNESSETH
WHEREAS, FENWC will contract services of a Speech/Language Therapist for the
Migrant/Seasonal Head Start Program in the Olathe and Clifton Centers.
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
speech/language 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 February 7, 2005 through September 30, 2005.
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.
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 Special Needs to the consultant for referral
and evaluation, to determine whether there is a need for speech/language
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 serves for families.
j. FENWC agrees to reimburse the Consultant $ 36.00 per hour. Numbers of
hours to be determined by the Grand Junction Center Director in consultation
with the FENWC Mental Health/Disabilities Specialist on a weekly basis.
Bills for services are to be signed by the Center Director and include the
Contracted Provider Tracking Sheet (copy attached).
k. Monitor IEP's and children's progress monthly.
4. Consultant Responsibilities:
a. Ensure that parents understand their rights and responsibilities as parents of
a child with a disability.
2. 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 Disabilities Services Coordinator 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 Services Specialist within five days.
d. Provide speech/language services as determined in the IEP/IFSP and submit
monthly report to the Disabilities Services 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 Disabilities
Services 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 will be sent to:
Weld County Division of Human Services
Family Educational Network of Weld County
Attention: Dr. Janet Flaugher
P.O. Box 1805
Greeley, Colorado 80632
1. Train and do audiological evaluations for/with the program nurse.
2. Provide training to parents and staff on the specialized process.
3. Assist with the referral and transition processes to local Head Start
Programs, School District Programs, and other programs forthe 2003 school
year.
4. Train teacher in specific speech and language activities for classrooms.
5. Provide training on the ASQ screening tool for teachers and appropriate
staff.
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 COMMISSIONERS CONSULTANT 71
William H. Jerke, Chairperson MAR 0,�.Sr1��`; fer Mc&askey, Cons4Ulnt
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41441.401-41
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ATTEST:,���`
WELD COUNTY CLERK TO THE BA ; I fI
0011
By: d21.1 �( y90/1��i1
Deputy Clerl(to the Board
WELD COUNTY DIVISION OF HUMAN SERVICES
aV�' I J. peckman, Executive Director
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