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Home My WebLink About20042458.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 McCiaskey, commencing June 28, 2004, and ending November 25, 2004, 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 the following vote on the 18th day of August, A.D., 2004, nunc pro tunc June 28, 2004. BOARD OF COUNTY COMMISSIONERS tLa� WE D CO NTY, n COLORADO ( 1 / A/ K.XJC &.. Vet --- 4. , 1861 �� %',� � ACC�r Robert D. Masden, Chair =jam`=u-!y�-rktothe Board ®u r �� William H. Je e, Pro-Tem B`. Deputy Clerk o the Board M. J. e e APP AST • . David E. Long my tto oeyU Glenn tag Date of signature: _ 94 /� /�Zer- 2004-2458 HR0075 00 ', 1 6� q ) O9 oa cry MEMORANDUM a fDATE: August 10, 2004 ---- s hiDe FROM: Walt Speckman, Executive Director V 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. FENWC agrees to reimburse the Consultant$36.00 per hour, not to exceed $3,510.00 The term of this Purchase of Services Agreement is from June 28, 2004 through November 25, 2004. If you have any questions please contact Janet Flaugher, Director, @ 353-3800, ext. 3340. 2004-2458 CONSULTANT AGREEMENT BETWEEN JENNIFER MCCLASKEY AND FAMILY EDUCATIONAL NETWORK OF WELD COUNTY THIS AGREEMENT, made and entered into this a-( day of June, 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 Jennifer McClaskey, hereinafter referred to as "Consultant." WITNESSETH WHEREAS, FENWC will contract services of a Speech/Language Therapist for the Migrant Head Start Program in Grand Junction. WHEREAS, Head Start Policies and Procedures regarding children with disabilities and their families enrolled in the FENWC Migrant 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 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 (p-zg - )4 through I _ as- 2. Geographic Areas To Be Served: Migrant 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 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 Head Start Program. Assure children with disabilities are included in the full range of activities and services normally provided to all Migrant 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 Head Start eligible children (6 weeks to 5 years) with disabilities. h. Assure that the FENWC Migrant 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, not to exceed $3510. The number of hours to be determined by the Grand Junction Center Director in consultation with the Disabilities and Mental Health Specialist . 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. b. Provide pre-referral and formal evaluation which meet the requirements of IDEA, during the Migrant season (March through October). 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 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 reports to the Disabilities Services Specialist for approval. f. Provide training, as needed, to FENWC Migrant 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 must include the contracted provider tracking sheet. Bills will be sent to: Weld County Division of Human Services Attention: Terril Rector 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 for the 2002 school year. 4. Train teacher in specific speech and language activities for classrooms. 5. Provide training on the Denver II 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 C 4?--Q) Robert D. Masden, Chairperson AUG 1 $ 2004 J niter cClaskey, Consultant WELD /CCOUNTY DMSION OF HUMAN SERVICES Walte�. S an, Executive Director MI/ILL CLERK TO THE BOARD Clerk to a Board ATTESTING TO BOARD OF COUNTY COMMISSIONER SIGNATURES ONLY Hello