HomeMy WebLinkAbout20042459.tiff RESOLUTION
RE: APPROVE CONSULTANT AGREEMENT FOR OPHTHALMOLOGY SERVICES AND
AUTHORIZE CHAIR TO SIGN -JEAN MCCARTHY
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 ConsultantAgreement for Ophthalmology
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 Jean McCarthy, commencing September 1, 2004, and
ending June 16, 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 Ophthalmology 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
Jean McCarthy 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 18th day of August, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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�� Robert D. Masden, Chair
�1861 I• ,,-i erk to the Board
William H. J e, Pro-Tem
y Clerk to the Board
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David E. Long
County Attorn4y Q
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Date of signature: _J 2*--4
2004-2459
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MEMORANDUM
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DATE: August 10, 2004
W I TO: Board of County Commissioners
FROM: Walt Speckman, Executive Director Oda
COLORADO SUBJECT: Purchase of Services Agreement
Enclosed for Board approval is a Purchase of Services Agreement between the Family
Educational Network's Head Start Program and Jean McCarthy, hereinafter referred to as
"Nurse".
The Nurse agrees to provide ophthalmology services for enrolled Head Start children in
Greeley/Evans, Hudson, Milliken, Frederick, Gilcrest and Platteville.
FENWC agrees to reimburse the Nurse $40.00 per hour, for approximately 10 to 20 hours per
week.
The term of this Agreement is from September 1, 2004, through June 16, 20041.-5--
If you have any questions please contact Janet Flaugher, Director, @ 353-3800, ext. 3340.
2004-2459
CONSULTANT AGREEMENT BETWEEN JEAN McCARTHY AND FAMILY
EDUCATIONAL NETWORK OF WELD COUNTY
THIS AGREEMENT, made and entered into this day of August, 2004, 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 15t, 2004 through June 16th, 2005.
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 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
•
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$40.00 per hour for approximately 10
to 20 hours per week.
g. FENWC will not reimburse for mileage or travel time.
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 and Center Directors 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, tracking 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: Health Specialist
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 cannot 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 ,�
COUNTY COMMISSION §, t., ' CONSULTANT
Robert D. Masden, Chai rpe 1`;;, RA,►, i2004 e n cCarthy
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WELD COUNTY CLERK 0 T E BOAR
WELD COUNTY DIVISION
OF, N ERVICES BY: UTY CLER T HE BOARD
Wa J. peckman, Executive Director
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