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HomeMy WebLinkAbout20001678.tiff RESOLUTION RE: APPROVE FOUR CONSULTANT AGREEMENTS WITH VARIOUS VENDORS AND AUTHORIZE CHAIR TO SIGN 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 four Consultant Agreements 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 following vendors: 1) Kathy Taylor- June 26, 2000 - September 15, 2000 2) Virginia Stevenson - June 19, 2000 - September 15, 2000 3) Chris Tuthill - June 19, 2000 - September 15, 2000 4) Brenda McDonald - June 19, 2000 - September 15, 2000 WHEREAS, after review, the Board deems it advisable to approve said agreements, copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the four Consultant Agreements 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 abovementioned vendors be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreements. 2000-1678 HR0071 CO :14f /1// Oeferli/11Pi7/-s' RE: FOUR CONSULTANT AGREEMENTS WITH VARIOUS VENDORS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of July, A.D., 2000, nunc pro tunc June 19, 2000. BOARD OF COUNTY COMMISSIONERS WE COUNTY, COLORAD ATTEST: �t, u- ti- v `4/ Barbara J. ' meyer, Chair Weld County Clerk to as:.E 04* . J. ile, Pro-Tern/ BY: Deputy Clerk to the��. ��I � �� / 7L-.e George . a ter R ED AS TO M: Dale Hall // my tto ey /,Lt Glenn Vaad 2000-1678 HR0071 MEMORANDUM taleltwriZoNs.„\\ TO: Weld County Board of County Commissioners II. ipe FROM: Walter J. Speckman, Executive Director, H t , i malt Services COLORADO • DATE: July 10, 2000 SUBJECT: Multiple Purchase of Service Agreements for the Fa Educational Network of Weld County's Migrant!teal Start Program Enclosed for Board approval are Purchase of Service Agreements between FENWC and the following: 1. Intermountain Adventist Academy, for space in Grand Junction. Rent will be charged in the amount of$500.00 for the time period June 15, 2000 through July 24, 2000. 2. Ackerman and Associates,for mental health services at a rate of$80.00 per hour not to excc zd 100 hours or $8,000.00. 3. Dr. Lyle Yost, D.D.S., for dental screenings for Migrant Head Start children in Olathe, not to exceed$200.00 ($5.00 per screening). 4. Kathy Taylor, for nursing services in Grand Junction at a rate of$15.00 per hour for 20 hoi,rs per week not to exceed $3,600.00. 5. Virginia Stevenson,Early Childhood Special Education services for children at the Olathe and Clifton sites. Virginia will be reimbursed$36.00 per hour for services for 15 hours per wee k, and $10.00 per hour for travel. 6. Chris Tuthill, Speech/Language Pathologist for speech/language services for children at i he Olathe and Clifton sites. Chris will be reimbursed$36.00 per hour for services for 15 hours I•er week,and $10.00 per hour for travel. 7. Brenda McDonald,for Early Childhood Special Education services for children at the t i reel ev and Frederick sites. Brenda will be reimbursed $25.00 per hour for services for 20 hot is I,er week, and$10.00 per hour for travel. 8. Walker Pharmacy,for pharmaceuticals and supplies for Grand Junction. 9. Plan de Salud del Valle,for health services(medical and dental)to children served in south Wt Id County and Fort Morgan. FENWC will reimburse the clinic a maximum of$10,500 00 ior health services,and $5,000.00 for dental services. 10. Sunrise Community Health Center,(medical and dental)to children in Greeley. FENW C v i Il reimburse the clinic a maximum of$25,000.00 for health services, and $6,000.00 for der tal services. Pharmaceuticals and supplies are also covered at$1,000.00 maximum. 11. Montrose Memorial Hospital, to provide health services to children at the Olathe site at the following rates: physical exams at$20.00 per child,$25.00 per health encounter,and$5 00 ier shot. 12. St.Mary's Family Practice Residency,for health services to children in Grand Junction,ata1nie of$40.00 per encounter, not to exceed$6,000.00. 13. Palisade Living Center for meals for children in Grand Junction. The rates are$5.75 per cF i id per day. 14. Weld County School District 6, for meals to Migrant Head Start and Regional Head Sari children and adults. The rates are: $1.25 -breakfast; $2.50-lunch and supper; $.75 - r nac k. For further information please contact Tere Keller-Amaya at extension 3342. ca2m-/618 CONSULTANT AGREEMENT BETWEEN KATHY TAYLOR AND FAMILY EDUCATIONAL NETWORK OF WELD COUNTY THIS AGREEMENT, made and entered into this 12th day of July , 2000, 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 Kathy Taylor, hereinafter referred to as "Nurse." WITNESSETH WHEREAS, FENWC will contract nursing services for the Migrant Head Start Program's Clifton Center. WHEREAS, Head Start Policies and Procedures regarding eligible children 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). WHEREAS, the purpose of this Agreement is to provide health 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 health 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 June 26, 2000 through September 15, 2000. 2. Geographic Areas To Be Served: Migrant Head Start services shall be provided to enrolled Migrant Head Start children who are eligible in Clifton. 3. FENWC Responsibilities: a. Provide health screenings for all eligible Migrant Head Start children within two (2) weeks of enrollment. b. Refer all children with suspected health needs to a medical consultant for referral and evaluation, to determine whether there is a need for health and related services follow-up. c. Share the responsibility for assisting the parents with paperwork. d. Provide an inclusive or mainstream experience for children with health needs enrolled in the FENWC Migrant Head Start Program. Assure children with health needs 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 health impairments. 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. 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. h. Maintain a link with community agencies to assure optimal use of available resources and services for families. FENWC agrees to reimburse the Nurse $15.00 per hour for approximately 20 hours per week, not to exceed 3,600.00. j. FENWC agrees to reimburse nurse $.305 per mile. 4. Consultant Responsibilities: a. Ensure that every child receives a health screening within two (2) weeks of enrollment. b. Ensure that all children receive a physical examination, and that an appropriate referral and follow-up is made for any health concerns noted. c. Ensure that all children are current on their immunizations. d. Ensure that dental screenings are completed for children and that appropriate referrals and follow-up in made for children with dental concerns. e. Ensure that all documentation and paper work is complete per the Health Specialist instruction. 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 Family Educational Network of Weld County Attention: Tere Keller-Amaya 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 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 COUNTY COMMISSIONERS CONSULTANT ,,% !„7 ., ,(,% / Barbara J. Kirkmeyer, Chairperson y Taylor (07/12/2000) WELD COUNTY DIVISION OF HUMAN S RVIC S W It J S kman, Ex cutiv Director ATTEST: E�a WELD COUNTY CLERK TO '1861 ('i t7 4:0 _ ��r By: • Deputy Clerk to the Board � PUNIC CONSULTANT AGREEMENT BETWEEN VIRGINIA STEVENSON AND FAMILY EDUCATIONAL NETWORK OF WELD COUNTY THIS AGREEMENT, made and entered into this 12thday of July , 2000, 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 Virginia Stevenson, hereinafter referred to as "Consultant." WITNESSETH WHEREAS, FENWC will contract services of an Early Childhood Special Education Specialist for the Migrant 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 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 19, 2000 through September 15, 2000. 2. Geographic Areas To Be Served: Migrant Head Start services shall be provided to enrolled Migrant Head Start children who are eligible in Olathe and Clifton. 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 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. 02600 I(n78 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 services for families. j. FENWC agrees to reimburse the Consultant$36.00 per hour for approximately 15 hours per week, (15 hrs per week x 13 weeks), not to exceed $6,337.50, [plus $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. Provide pre-referral and formal evaluation 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. 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 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 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: Julie Streeter P.O. Box 1805 Greeley, Colorado 80632 h. Provide training to staff and parents on the Special Education Process. Provide training on the Denver II screening tool to teachers and appropriate staff. j. Assist with the referral and transition processes to area Head Start Programs, School District Programs and other appropriate programs for the 2001 school year. k. 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 /�arbara J. Kirkmeyer, Chirperson ti Vir a Stevenson, Consultant (07/12/2000) WELD COUNTY DIVISION OF HUMAN SERVICES al r peckman, Executive irector � yl ATTEST: wj '1- WELD COUNTY CLERK T9 H '0,,,l.? <<s' 9 By: ettiziA !o'•' r .Ss: fig At Deputy Clerk to the Boar. 4/ N`l� CONSULTANT AGREEMENT BETWEEN CHRIS TUTHILL AND FAMILY EDUCATIONAL NETWORK OF WELD COUNTY THIS AGREEMENT, made and entered into thisi2tn day of July, 2000, 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 Chris Tuthill, hereinafter referred to as "Consultant." WITNESSETH WHEREAS, FENWC will contract services of a Speech/Language Therapist for the Migrant Head Start Program in the Olathe and Clifton Centers. 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 June 19, 2000 through September 15, 2000. 2. Geographic Areas To Be Served: Migrant Head Start services shall be provided to enrolled Migrant Head Start children who are eligible in Olathe and Clifton. 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. aKt;OO 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 for approximately 15 hours per week, (15 hrs per week x 13 weeks), not to exceed $7,020.00, [plus $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. Provide pre-referral and formal evaluation 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. 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 report 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. 0. 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: Julie Streeter P.O. Box 1805 Greeley, Colorado 80632 h. Train and do audiological evaluations for/with the program nurse. Provide training to parents and staff on the specialized process. j. Assist with the referral and transition processes to local Head Start Programs, School District Programs, and other programs for the 2001 school year. k. Train teacher in specific speech and language activities for classrooms. 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 4 atm-vi iy ,,,, ,, ,, A /Barbara J. Kirkmeyer, Chairpersdn Chris Tuthill, Consultant (07/12/2000) WELD COU TY DIV SION OF HUMAN SERVICES G W r'. ckman, E cuti�e��{, TEST: 7 '�,�� WELD COUNTY CLERK w T. °� . , 1861 Oi4 _ By: i26/ Deputy Clerk to the Boar. % 1 N ' CONSULTANT AGREEMENT BETWEEN BRENDA McDONALD AND FAMILY EDUCATIONAL NETWORK OF WELD COUNTY THIS AGREEMENT, made and entered into this 12th day of July, 2000, 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 Brenda McDonald, hereinafter referred to as "Consultant." WITNESSETH WHEREAS, FENWC will contract services of an Early Childhood Special Education Specialist for the Migrant Head Start Program's in Weld and Morgan Counties. 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 19, 2000 through September 15, 2000. 2. Geographic Areas To Be Served: Migrant Head Start services shall be provided to enrolled Migrant Head Start children who are eligible in Olathe and Clifton. 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. Aax) - /472 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 $25.00 per hour for approximately 20 hours per week, (20 hrs per week x 14 weeks), not to exceed $7,000.00, (plus $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 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 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: Julie Streeter 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 hereinabove set forth. WELD COUNTY BOARD OF COMMISSIONERS CONSULTANT ''Barbara J. Kirkmeyer` Chairperson Brenda McDonald / (07/12/2(00) WELD COUNTY DIVISION OF HUMAN SERVICES ( // / a r peckman, Executive Director ATTEST: WELD C NTY CLERK T. $1861 � .O�, By: ' • >Or _ Deputy Clerk to the Boar v "h Hello