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HomeMy WebLinkAbout20052536.tiff RESOLUTION RE: APPROVE CONSULTANT AGREEMENT FOR MIGRANT/SEASONAL HEAD START AND AUTHORIZE CHAIR TO SIGN - GRACE SISNEROS 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 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 Grace Sisneros, commencing August 23, 2005, and ending September 9, 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 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 Grace Sisneros 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 29th day of August, A.D., 2005, nunc pro tunc August 23, 2005. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: / 4L e% EXCUSED p'`p.• % William H. Je e, Chair Weld County Clerk to t " Rt aqa ti al-acting • - � � Nl. J. eile, Pro-Tem BY: _iii AS, Deputy Clerk to the Bo t< IN •;f EXCUSED D g AP AS TO F \V)\&--- Robert D. Mas en ounty Attor ey Szt Glenn Vaa Date of signature: 9tf 2005-2536 co , HS ( ( S" HR0076 J PJq a MEMORANDUM rlitini DATE: August 19, 2005 VlipITO: Board of County Commissioners I FROM: Walt Speckman, Executive Directoj• COLORADO SUBJECT: Consultant Agreement between FENWC and Grace Sisneros Presented for approval before the Weld County Board of County Commissioners is an Consultant Agreement between FENWC and Grace Sisneros, hereinafter referred to as "Educational Consultant. FENWC will contract services of an Educational Consultant for the Bead Start Program in Ft. Lupton. The Educational Consultant will provide the following services: . Provide educational services for 30 children divided into a morning and an afternoon preschool classroom. . Complete all educational paperwork required for the 30 preschool age children. . Attend staff meetings, trainings and parent meetings. FENWC will provide: . Classroom space, materials and equipment for one preschool classroom at the Twombly Elementary School of the Ft. Lupton Preschool Center. . Provide preschool children, a maximum of 15 in the morning and 15 in the afternoon to be provided with educational services. FENWC agrees to reimburse the Consultant $12.29 per hour, not to exceed 40 hours per week. If you have any questions please contact Janet Flaugher, Director, @ 353-3800, ext. 3340. 2005-2536 CONSULTANT AGREEMENT BETWEEN GRACE SISNEROS AND FAMILY EDUCATIONAL NETWORK OF WELD COUNTY THIS AGREEMENT, made and entered into this 19th day of August, 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 Grace Sisneros, hereinafter referred to as "Educational Consultant." WITNESSETH WHEREAS, FENWC will contract services of an Educational Consultant for the Head Start Program in Fort Lupton. WHEREAS, Head Start Policies and Procedures regarding 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), 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 education services for children enrolled in the Family Educational Network of Weld County's' Head Start Program. The intent of this Agreement is to provide classroom services to children at the Fort Lupton Preschool Center. 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 August 23, 2005 through September 9, 2005, renewable as the need arises until October 1, 2005. 2. Geographic Areas To Be Served: Head Start services shall be provided to enrolled Head Start children who are eligible in the Fort Lupton Preschool Center. 3. FENWC Responsibilities: a. Provide classroom space and materials and equipment for one preschool classroom at the Twombly Elementary School of the Fort Lupton Preschool Center. b. Provide preschool children, a maximum of 15 in the morning and 15 in the afternoon to be provided with educational services. c. FENWC agrees to reimburse the Consultant $12.29 per hour, not to exceed 40 hours per week. Bills for services are to be signed off by the Center Director and to be remitted with the Contracted Provider Tracking Sheet (example attached). aces - a5186 4. Consultant Responsibilities: a. Provide educational services for 30 children divided into a morning and an afternoon preschool classroom. b. Complete all educational paperwork required for the 30 preschool children. c. Attend staff meetings, trainings and parent meetings. 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 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 herein above set forth.AWELD CO TY BOARD OF COMMISSIONERS CONSULTANT LG tiiko, _k_ F_ LCLs�.9A M. J Geile Chairperson Protein Grace Sisneros, Consultant AUG 2 9 2005 • 1414/714 NTY CLERK TO THE BOARD 1861 x Y V eputy Clerk to the Board WELD COUNTY DIVISION OF HUMAN SERVICES WaltIWcSL km an, Executive Director Hello