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Home My WebLink About20050734.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 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,thatthe ConsultantAgreementfor 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 ,,4 lii !•„ i` g vote on the 7th day of March, A.D., 2005, nunc pro tunc February 7, 2005. 4 . � BOARD OF COUNTY COMMISSIONERS .a Dui I,�' _ - WELD COUNTY, COLORADO II PI CJV tr •` William H. rke, Chair t�it " Clerk to he oard Get Pro-Te BY: G'ceGlo / /LI Deputy er to the Board David E. Long AP� AS TO FO EXCUSED Robert D. Masden ...)Co my Attorney ey 2EXCUSED Glenn Vaad Date of signature: OT 2005-0734 HR0076 r(14. /75 Ca-0-c) 63-(E--O sr- MEMORANDUM 6',OttDATE: February 24, 2005 TO: Board of County Commissioners iiiip O FROM: Walt Speckman, Executive Director tkLtt - • 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$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 Agreement between FENWC and Consultant shall be for the period beginning February 7, 2005, through September 30, 2005. If you have any questions please contact Janet Flaugher, Director, @ 353-3800, ext. 3340. .,.Zoos- 073V CONSULTANT AGREEMENT BETWEEN PATRICIA LEWIS 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 Patricia Lewis, hereinafter referred to as "Consultant." WITNESSETH WHEREAS, FENWC will contract services of an Early Childhood Special Education Specialist for the Migrant/Seasonal Head Start Program's in 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 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 February 7, 2005 through September 30, 2005. 2. Geographic Areas To Be Served: Migrant/Seasonal Head Start services shall be provided to enrolled Migrant 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 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 $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/Seasonal season (March - 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 special education programs 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 Attention: Dr. Janet Flaugher P.O. Box 1805 Greeley, Colorado 80632 8. Provide training to staff and parents on the Special Education Process. 9. Provide training on the ASQ screening tool to teachers and appropriate staff. 10. Assist with the referral and transition processes to area Head Start Programs, School District Programs and other appropriate programs for the 2003 school year. 11. Train teachers in specific motor and education activities and modifications for classrooms and home. 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 William H. Jerke, Chairperson MAR 0 7 2005 Patricia L is, C sultant /Lai 1861 ( '° y��_. ZATY CLERK TO THE BOARD y: .CL.4i,-lam �f/-k-_ Deputy Clerk the oard WELD COUNTY DIVISION OF HUMAN SERVICES Wal . peckman, Executive Director o7e1D5-D73/ Hello