HomeMy WebLinkAbout20001785.tiff RESOLUTION
RE:: APPROVE CONSULTANT AGREEMENT FOR OCCUPATIONAL THERAPY FOR
MIGRANT HEAD START CHILDREN AT GREELEY AND FREDERICK SITES AND
AUTHORIZE CHAIR TO SIGN - SARAH LUSK
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
occupational therapy for Migrant Head Start children at the Greeley and Frederick sites
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 Sarah Lusk, commencing June 19, 2000, and ending
September 15, 2000, 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 occupational therapy for Migrant
Head Start children at the Greeley and Frederick sites 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 Sarah Lusk
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 31st day of July, A.D., 2000, nunc pro tunc June 19, 2000.
BOARD OF COUNTY COMMISSIONERS
/� WELD COUNTY, COLORADO
ATTEST: /�� `C✓J� EXCUSED
` Barbara J. K. meyer, Chair
Weld County Clerk to th`rgt,4 wv ,� ,
M. J. 'Ile, Pro-Tem
Deputy Clerk to the B��� 2«iv1 " ---
Georgo E. Baxter
APPROVED AS T EXCUSED
f �--7 Dale K. Hall
unty Attorney �
/ g—A{g/
� Co Glenn Vaad —
2000-1785
de Vie HR0071
MEMORANDUM
(f4-41Ct
liD TO: Weld County Board of County Commissioners
CO FROM: Walt Speckman, Executive Director, Division o1 A
Human Services
COLORADO DATE: July 31, 2000
SUBJECT: Purchase of Service Agreement Between the
Family Educational Network of Weld County
and Sarah Lusk
Presented before the Weld County Board of County Commissioners and Sarah Lusk is a
Purchase of Service Agreement for Occupational Therapy for children at the Greeley and
Frederick sites. Sarah will be reimbursed $25.00 per hour for services, for 20 hours pr3r
week, and $10.00 per hour for travel.
For further information please contact Tere Keller-Amaya at extension 3342.
2u).)- 85
CONSULTANT AGREEMENT BETWEEN SARAH LUSK AND FAMILY
EDUCATIONAL NETWORK OF WELD COUNTY
THIS AGREEMENT, made and entered into this _ day of May, 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 Sarah Lusk, hereinafter referred to as "Consultant."
WITNESSETH
WHEREAS, FENWC will contract services of an Occupational Therapist 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.
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 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. 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 Sara$ Lusk
WELD COUNTY DIVISION OF HUMAN SERVICES
W tJ. pckman, Executive Director
ATTEST:
WELD COUNTY CLERK TO THE BOARD
By: _
Deputy Clerk to the Board
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