HomeMy WebLinkAbout20041593.tiff RESOLUTION
RE: APPROVE TWO CONSULTANT AGREEMENTS FOR SPECIAL EDUCATION AND
OCCUPATIONAL THERAPY SERVICES AND AUTHORIZE CHAIR TO SIGN -LEANNA
NOONAN
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 two Consultant Agreements for Special
Education and Occupational Therapy 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 Leanna Noonan,commencing
June 1, 2004, and ending September 17, 2004, with further terms and conditions being as stated
in said agreements, and
WHEREAS,after review,the Board deems it advisable to approve said agreements,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 two Consultant Agreements for Special Education and Occupational
Therapy 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 Leanna Noonan be, and hereby are, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreements.
The above and foregoing Resolution was,on motion duly made and seconded, adopted by
the following vote on the 14th day of June, A.D., 2004, nunc pro tunc June 1, 2004.
BOARD OF COUNTY COMMISSIONERS
, � WELD COUNTY, COLORADO
Robert D. Masden, Chair
Co 9. lerk to the Board
r.
pot
\X" /2- P William H rke, Pro-Tem
reef'Deputy Clerk to the Board
M. eile
APP D AS TO, :
David E. Long
unty ttorney,. EXCUSED
Glenn Vaad
Date of signature: 4 4/`8`f
2004-1593
nn 771- 00-(),)
HR0075
rect-g ,
MEMORANDUM
DATE: June 10, 2004
TO: Robert D. Masden, Chair, Board of Commissioners
winC FROM: Walter J. Speckman, Executive Director C
COLORADO
SUBJECT: Consultant Agreements
Enclosed for Board approval are two(2)Consultant Agreements between the Weld County
Division of Human Services' Family Educational Network's Migrant Head Start Program
and Leanna Noonan.
These Agreements are to coordinate and oversee Individual Education Plans
(IEPs)/Individual Family Service Plans (IFSPs) and collaborate between the families of
children with disabilities and Local Education Agencies (LEAs).
The first Agreement is to provide Special Education services. The second Agreement is
to provide Occupational Therapy services.
The term of these Agreements if June 1, 2004 through September 17, 2004.
If you have questions, please call Janet Flaugher at extension 3340 or myself at extension
3317.
2004-1593
CONSULTANT AGREEMENT BETWEEN LEANNA NOONAN AND FAMILY
EDUCATIONAL NETWORK OF WELD COUNTY
THIS AGREEMENT, made and entered into this day of May, 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 Leanna Noonan, 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 Weld County.
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 June 1, 2004 through September 17, 2004.
2. Geographic Areas To Be Served:
Migrant/Seasonal Head Start services shall be provided to enrolled
Migrant/Seasonal Head Start children who are eligible in Weld County.
3. FENWC Responsibilities:
a. Provide health and developmental screenings for all eligible Migrant/
Seasonal Head Start children within 30 calendar days 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 serves for families.
j. FENWC agrees to reimburse the Consultant$35.00 per hour, Hours are to
be determined weekly by the Disabilities and Mental Health Specialist, not to
exceed $ 9,800.00. Mileage is billed at a rate of 10.00 per hour.
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. Assist with the pre-referral and formal evaluation processes, which meet the
requirements of IDEA, during the Migrant/Seasonal season (June through
September). 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. 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 in the child's file.
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 FENWC Disabilities/Mental Health Specialist
as the evaluation and IEP/IFSP process is completed. Assist the family in
communication and support.
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. Hours are to be arranged in consultation with the Disabilities and Mental
Health Specialist on a weekly basis. Bills for services are to be signed by the
Disabilities and Mental Health Specialist and the center directors on the
Contracted Provider Tracking Sheet (example attached).
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: Terril Rector, PhD
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 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),
day's 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
,T. .,9 %)\ \,\Z____ 44/L0C—(77tri5U --
Robert D. Masden, Chairperson JUN 1 4 2004 Leanna Noonan, Consultant
WELD COUNTY DIVISION OF HUMAN SERVICES
Wat eckman, Executive Direct.
ATTEST: 'L+1, .
WELD COUNTY CLERK TO g' -•fir° 3��f%R2sIt4a/ *1
By: ii, c/ °Q
deputy CI k t. the BoarcL— j ' •
o?CL V-1:593
Contracted Provider Tracking Sheet
To be returned to at
PEN WC Ilead Start with bill for services •
MONTH
ECSE SLP OT PT MH Nurse Other NAME
•
Location:
Home/ HS IND. OR GROUP/ CD
CENTER/ Time Time Purpose Therapy, Observation,Training OTHERS IN GROUP SIGN
CHILD'S/ GROUP NAME DATE Other Started Ended for Staff
Disabilites and Mental Health Specialist Signature
CONSULTANT AGREEMENT BETWEEN LEANNA NOONAN AND FAMILY
EDUCATIONAL NETWORK OF WELD COUNTY
THIS AGREEMENT, made and entered into this day of May, 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 Leanna Noonan, hereinafter referred to as "Consultant."
WITNESSETH
WHEREAS, FENWC will contract services of an Occupational Therapist for the
Migrant Head Start Program's in Weld County.
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 early childhood
special education 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 June 1, 2004 through September 17, 2004.
2. Geographic Areas To Be Served:
Migrant Head Start services shall be provided to enrolled Migrant Head Start
children who are eligible in Weld County.
3. FENWC Responsibilities:
a. Provide health and developmental screenings for all eligible Migrant Head
Start children within 30 calendar days 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 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 $35.00 per hour. Hours are to
be determined weekly by the Disabilities and Mental Health Specialist, not to
exceed $7,000.00, (including $10.00 per hour for travel time).
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. Assist with the pre-referral and formal evaluation processes which meet the
requirements of IDEA, during the Migrant season (July through September).
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. 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 in the
child's file.
d. Provide occupational therapy programs as determined in the IEP/IFSP and
submit monthly report to the Disabilities Services Specialist for approval.
e. Maintain communication with FENWC Disabilities/Mental Health Specialist
as the evaluation and IEP/IFSP process is completed. Assist the family in
communication and support.
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. Numbers of hours to be determined by the FENWC Disabilities and Mental
Health Specialist on a weekly basis. Bills for services are to be signed by the
FENWC Disabilities and Mental Health Specialist and the Center Directors
and include the Contracted Provider Tracking Sheet (example attached).
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: Terril Rector
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 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.
WELD COUNTY BOARD OF COMMISSIONERS CONSULTANT
,D. k k \\Q____, coOencic.
Robert D. Masden, Chairperson JUN 14 2004 Leanna Noonan, Consultant
WELD COUNTY DIVISION OF HUMAN SERVICES
a J. peckman, Executive Director
ATTEST: k�TD ' ����� Etx
WELD COUNTY CLE • �,.' 41
X
1 ,{ =1
By: / ita
■eputy Cler to the Board �� 1 V 1
-s/tt'�-is'8
Hello