HomeMy WebLinkAbout981307.tiff RESOLUTION
RE: APPROVE CONSULTANT AGREEMENT FOR SPEECH/LANGUAGE SERVICES AND
AUTHORIZE CHAIR TO SIGN - CHRIS TUTHILL
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Consultant Agreement for speech and
language services between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, on behalf of the Department of Human Services, and
Chris Tuthill, commencing June 15, 1998, and ending September 18, 1998, with further terms
and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a
copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Consultant Agreement for speech and language services between
the County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, on behalf of the Department of Human Services, and Chris Tuthill 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 29th day of July, A.D., 1998 nunc pro tunc June 15, 1998.
BOARD OF COUNTY COMMISSIONERS
?"1W COUNTY, COLORADO
7 �osATTEST: � fG iC I'. /, / 9azs-T�,- . 1/��< c.G 0 S 'J , Constance L. Hrt, C air
Weld County Clerk to t ;� ��.' :' ddfiziiR
v ' 9 :"'��� q' W. /Mr,dTern1
Deputy Clerk to the Mimi y EXCUSED DATE OF SIGNING (AYE)
almia.grl orge E. Baxter
AP TO RM:
Dale l . Hall
my Attorne
EXCUSED DATE OF SIGNING (AYE)
Barbara J. Kirkmeyer
981307
1/1 vp Jij), ;1f HR0069
/. I
• 11 rs MEMORANDUM
TO: Weld County Board of
County Commissioners DATE: July 29, 1998
C.
COLORADO FROM: Walter J. Speckman, Executive Director 'ti 1►
Division of Human Services
SUBJECT: Purchase of Service Agreement between Weld County
and Chris Tuthill
Enclosed for Board approval is the Purchase of Service Agreements between Chris Tuthill,
and the Weld County, Division of Human Services', Family Educational Network of Weld
County's Migrant Head Start
Chris Tuthill agrees to provide speech/language services/therapy to Migrant Head Start
eligible children at the Clifton and Olathe Migrant Head Start Centers. The Migrant Head
Start program agrees to reimburse Chris Tuthill $30.00 per hour for therapeutic services
and $10.00 per hour for travel time.
For more information please contact Tere Keller-Amaya at extension 3342.
981307
CONSULTANT AGREEMENT BETWEEN CHRIS TUTHILL AND FAMILY
EDUCATIONAL NETWORK OF WELD COUNTY
THIS AGREEMENT, made and entered into this / 7eday of , 1998, 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 an Speech/Language Therapist for the
Migrant Head Start Programs 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 eligible children enrolled in the Family Educational Network of Weld County's'Migrant
Head Start Program. The intent of this Agreement is to provide speech/language services 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 15, 1998 through September 18, 1998.
2. Geographic Areas To Be Served:
Migrant Head Start services shall be provided to enrolled Migrant Head Start children who
are eligible in the Olathe and Clifton centers.
3. FENWC Responsibilities:
a. Provide health and developmental screenings for all eligible Migrant Head Start
children within 30 calendar days of enrollment.
95I3°7
b. Refer all children with suspected speech/language needs to the consultant for
evaluation, to determine whether there is a need for speech/language services.
c. Share the responsibility for assisting the parents with paperwork.
d. Provide an inclusive or mainstream experience for children with disabilities enrolled
in the FENWC Migrant Head Start Program. Assure children with disabilities are
included in the full range of activities and services normally provided to all Migrant
Head Start children.
e. Provide reasonable accommodations/modifications necessary to meet the special
needs of children with disabilities (to include, but not limited to, equipment,
furniture, special assistants.)
f. Set up and maintain procedures in cooperation with school districts for the transition
of children and/or compile complete information the families can carry with them to
facilitate a continuum of care for their child.
g. Serve as a placement option for Migrant Head Start eligible children (6 weeks to 5
years) with disabilities.
h. Assure that the FENWC Migrant Head Start parent is aware of the referral, signs the
appropriate permission for evaluation forms, and understands the referral and
evaluation process.
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 $30.00 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. 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.
b. Assist in the development of IEP's for appropriate documentation, planning,
ggl307
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 speech/language 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.
g,/ 3°7
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
get/3a7
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.1W OUNTY BOARD OF COMMISSIONERS CO SULTANT
y I . rv ° c: a
Constance4.Harbert, Chairperson Chris Tuthill, Consultant
(07/29/98)
WELD C .-N Y DIVISION OF HUMAN SERVICES
/4/. ' / fil.4/1--
li
Wa e, J. ' • kman, Executive Director
ATTEST:
WELD COUNTY CLERK TO THE BOARD
By: �� u� Y%I cA
Deputy Clerk to the Board
98/307
Hello