HomeMy WebLinkAbout961177.tiff RESOLUTION
RE: APPROVE CONSULTANT AGREEMENT BETWEEN FENWC AND SHARON
DEKESTHLER 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 a Consultant Agreement 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, and Sharon DeKesthler, commencing July 1, 1996, and ending
September 27, 1996, 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 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, and
Sharon DeKesthler, 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 8th day of July, A.D., 1996, nunc pro tunc July 1, 1996.
BOARD OF COUNTY COMMISSIONERS
Z# à
WELDCOUNTY, COLORADO 444,17 Barb a J. Kirkmeyer hair
Ufa 0 my Clerk to the Board
O Ws
eM —
CP \ ��� I � I � eoge . Baxter, Po-T
Deputy Cler o the Board
Dale K. Hall
AP O DASTo FO M: �cnZ cc' a r
Constance L. Harbert
C n •ttornecy± i 4,1 1,22
W. H. Webster
961177
fd, ; /-15, JekesM/e HR0067
CONSULTANT AGREEMENT BETWEEN SHARON DEKESTHLER AND FAMILY
EDUCATIONAL NETWORK OF WELD COUNTY
THIS AGREEMENT, made and entered into thiseR day of J,L.r�2, , 1996, by and
between the County of Weld, State of Colorado, by and through the Bo 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 Sharon DeKesthler, 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 Greeley, Frederick and Ft. Morgan.
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), 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 July 1, 1996 through September 27, 1996.
2. Geographic Areas To Be Served:
Migrant Head Start services shall be provided to enrolled Migrant Head Start children
who are eligible in Weld and Morgan counties, sites are in Greeley, Frederick and Ft.
Morgan.
3. FENWC Responsibilities:
a. Provide health and developmental screenings for all eligible Migrant Head Start
children within 30 calendar days of enrollment.
961177
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.
I. Maintain a link with community agencies to assure optimal use of available
resources and serves for families.
j. FENWC agrees to reimburse the Consultant$32.50 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. 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
Director to verify process.
961177
b. Facilitate and supervise IEP'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. The original IEP will remain on site and a copy
will be submitted to the Director within five days.
c. Provide special education programs as determined in the IEP and submit monthly
report to Program Director for approval.
d. Maintain communication with the Part H/Child Find Coordinator as the
evaluation and IEP process is completed. Assist the family in communication and
support. Submit monthly report to Director for approval.
e. Provide training, as needed, to FENWC Migrant Head Start staff and parents on
working with children with disabilities in the classroom and home.
f. 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: Fiscal Department
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.
961177
961177
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.
961177
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
�e -t
Barbara J. Kirkme r, Chai rson U7/pg/c 4 Sharon DeKe ler, Consultant
La WELD COU DIVISION OF HUMAN SERVICES
1861 ;0 1/42
�� I�� . Speckman, Executive Director
WELD OUNTY CLERK TO THEBOARD
•
By: & LflW �
Deputy Cle to the Board
ATTESTING TO BOARD OF COUNTY
COMMISSIONER SIGNATURES ONLY
961177
AceatiligH4 mEMORAnDU
"use Foard of J.
KirV Commissioners
7oRarhara J. Ki rkmever , Chai.rpBafoson ,Tiny 2 1QaF,
COLORADO From Walter S . Speckman , Executive Direr+-or Human car Hras
Subject: Purchase of Service Agreement between FFNWC &
Sharon DePesthler. "Consultant"
Enclosed for Board approval are three (3) Purchase of Service Agreements between the Family
Educational Network of Weld County and Sharon DeKesthler referred to as "Consultant."
The Consultant agrees to provide special education services for children who are enrolled in the
FENWC Migrant Head Start Program who are eligible in Weld and Morgan counties, sites are in
Greeley, Frederick and Ft. Morgan.
FENWC agrees to reimburse the "Consultant" $32.50 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}.
The term of this Agreement is from July 1, 1996, through September 27, 1996.
If you have any questions, please telephone Tere Keller-Amaya at 353-3800, ext. 3342.
961177
Hello