HomeMy WebLinkAbout20091255.tiffRESOLUTION
RE: APPROVE FIVE PURCHASE OF SERVICES AGREEMENTS FOR HEAD START AND
MIGRANT/SEASONAL HEAD START PROGRAMS WITH VARIOUS PROVIDERS 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 five Purchase of Services Agreements for
the Head Start and Migrant/Seasonal Head Start Programs 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 various
providers, listed below, with further terms and conditions being as stated in said agreements, and
1. North Range Behavioral Health (term of June 1, 2009 - May 31, 2010)
2. Plan de Salud del Valle, Inc. (term of June 15, 2009 - September 11, 2009)
3. Weld County School District 6 (term of June 1, 2009 - September 11, 2009)
4. My Friends and Me Early Education Centers (term of June 8, 2009 -
September 11, 2009)
5. Sunrise Community Health Center (term of June 8, 2009 - September 11, 2009)
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 five Purchase of Services Agreements for the Head Start and
Migrant/Seasonal Head Start Programs 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 providers listed above, be,
and hereby are, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreements.
2009-1255
H R0080
RE: FIVE PURCHASE OF SERVICES AGREEMENTS
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 1st day of June, A.D., 2009.
ATTEST:
Weld County Clerk to
BY
Deputy Clerk o the Boar
AP• -.9 DAS_TRM:
County Attorney
Date of signature
BOARD OF COUNTY COMMISSIONERS
WELp CcOUNTYLORADO
William F. Garcia, Chair
EXCUSED
Douglas Rademacher, Pro -Tern
Sean P. Conway
EXCUSED
Barbara Kirkmeyer
David E. Long
2009-1255
H R0080
MEMORANDUM
COLORADO RE:
DATE: May 28, 2009
TO: William F. Garcia, Chair, Board of County Co iss ners
CFROM: Judy A. Griego, Director, HumaQSe ic�S'Di a IAA &N
Purchase of Services Agreements between the Weld County
Department of Human Services and Various Providers
Enclosed for Board approval are Purchase of Services Agreements between the Weld County
Department of Human Services and Providers listed below. These Agreements were
presented at the Board's May 27, 2009, Work Session.
Below are the major provisions of the attached Agreements:
No.
Provider of Service
and Term
Service Provided
Rate
1
North Range Behavioral Health
June 1, 2009 — May 31, 2010
Mental Health
Maximum: $10,000
2
Plan de Salud del Valle, Inc
.
June 15, 2009 — September 11, 2009
Medical and Dental
Services
Maximum:
Medical - $9,000
Dental - $5,000
3
Weld County School District 6
June 1, 2009 — September 11, 2009
Meals for Approx. 180
Migrant/Seasonal Head
Start children.
Approx. 45 full day/full
year Head Start
children.
Approx 57 adults.
Breakfast $1.45/person
Lunch $2.80/person
Dinner $2.80/person
Snack $.95/person
4
My Friends and Me
June 1,57, 2009 — September 11, 2009
Wrap Around Child
Care for Greeley Area
$15.00 per hour for
staff time and training.
Pay for costs of
fingerprinting.
5
Sunrise Community Health
June 8, 2009 — September 11, 2009
Medical and Dental
Services
Maximum:
Medical - $25,000
Dental - $10,000
If you have questions, please give me a call at extension 6510.
2009-1255
PURCHASE OF SERVICE AGREEMENT
This Agreement made and entered into this )`71- day of "LAt, 2009, 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 Resources' Family
Educational Network of Weld County, hereinafter referred to as "FENWC," and North
Range Behavioral Health Multi -cultural Services, hereinafter referred to as "NRBH."
WITNESSETH:
WHEREAS, FENWC is required to provide therapeutic services for Head Start
eligible children, in accordance with 45-CFR-1304, Head Start Performance Standards,
and
WHEREAS, FENWC wishes to provide Mental Health services and consultation to
Regional and Migrant Head Start eligible staff, children and families, and
WHEREAS, NRBH has the staff and facilities to provide such services, and
WHEREAS, the parties wish to establish an on -going policy for the provision of
services.
NOW, THEREFORE, in accordance with the mutual benefits, responsibilities, and
considerations set forth herein, the parties hereto covenant and agree as follows:
1. Engagement of NRBH. FENWC hereby retains NRBH and NRBH hereby accepts
engagement by FENWC upon the terms and conditions hereinafter set forth.\
2. Term. Subject to provisions contained herein, the term of the Agreement shall
commence on June 1, 2009 through May 31, 2010. This Agreement shall be
subject to review and renewal by the parties annually.
3. Nature of Agreement. During the term of the Agreement, NRBH agrees to make
its services available to FENWC. The average number of hours of service per week
will be five (5) hours per week 182 hours annually as mutually agreed to by FENWC
and NRBH.
&M(1 /0755
4. Scope of Work. NRBH will provide the following mental health and wellness
services to FENWC Head Start and Migrant Head Start eligible families, children,
and staff:
➢ Assist in planning and administering bilingual/multi-cultural mental health and
wellness program activities and services.
• Assist with the training of Head Start Staff if requested at one or both pre -
service trainings offered each year.
• Observe children and consult with teachers and other staff at the local NRBH
site or in FENWC Head Start centers as requested and available in the Weld
County FENWC Head Start centers.
• Assist in providing special help for children with atypical behavior or
development (i.e.: help develop behavioral goals/plans; consult with parents
and staff; offer suggestions and/or interventions) in the local NRBH site or as
requested and available in FENWC Head Start centers in the Weld County
FENWC Head Start centers.
Assist with the training and education to parents of eligible Head Start
children as requested and available at the local NRBH site or in FENWC
Head Start centers in the Weld County FENWC Head Start centers.
➢ Provide individual or group therapy, as appropriate through referrals received
from the Disability/Mental Health specialist or as initiated by an eligible Head
Start staff or enrolled family at the local NRBH site.
• Take appropriate steps in conjunction with health and education services to
refer children for diagnostic examination to confirm that their emotional or
behavioral problems do not have a physical basis.
➢ Provide mental health and wellness related services to FENWC staff.
Submit monthly invoice for reimbursement of services provided the month
prior.
The scope of such services shall be initiated and guided by FENWC. NRBH services shall
be provided to those staff, children and families referred by FENWC. NRBH shall provide
FENWC with written reports summarizing said services, which shall fulfill the legal
requirements of the parties hereto. Such reports shall be maintained by FENWC.
5. Scheduling of Engagements. NRBH shall schedule services so as to be rendered
during hours meeting the needs of FENWC and its clients. NRBH shall provide
individual centers within FENWC with forty-eight (48) hours prior notice of all
scheduled services. All engagements shall be scheduled at mutually agreeable
times and dates.
6. Equipment and Supplies. FENWC shall provide NRBH with all facilities,
equipment, supplies, and the like, as are reasonably necessary in order for NRBH to
perform its obligations under this Agreement. Notwithstanding the foregoing, NRBH
shall supply small portable equipment as is usual for such services.
7. Nature of Relationship. The relationship between FENWC and NRBH is strictly
that of independent entities and is not an agency or employment relationship. No
party is an employee, agent or representative of any other party by virtue of this
Agreement nor shall any such party have any expressed or implied right to authority
to assume or create any obligation or responsibility on behalf of or in the name of
any other party by virtue of the Agreement. Contractor also acknowledges that it will
not be entitled to participate, by reason to this Agreement, in any employee benefits
provided by FENWC. FENWC as contracted to receive services only and is
interested in the results of NRBH's efforts. NRBH shall be solely and entirely
responsible for its own acts and omissions during the performance of this
Agreement.
8. NRBH Representatives. In connection with the mental health and wellness
services provided hereunder, FENWC will interact administratively with such
individual/s as NRBH may designate. The NRBH Program Director shall assign a
therapist who is registered with the Colorado Department of Regulatory Agencies, or
is clinically supervised by an individual who is so registered, to provide services
pursuant to this Agreement. By registration, it is understood that the mental health
therapist or his/her supervisor shall be a graduate of an accredited mental health
curriculum and in good standing with his/her accrediting organization.
Documentation representing degree, licensure, FBI/CBI background check, as well
as Department of Social Services Central Registry check will be made available to
FENWC upon request. A file with copies will be maintained at the FENWC
administrative office.
9. Billing Information. Immediately following the provision of services, NRBH shall
provide to FENWC on a form that is acceptable to parties, specific billing and
utilization information for the services rendered. NRBH shall make available to
FENWC all financial records relating to NRBH's services at the request of FENWC.
NRBH shall submit to FENWC, an aggregate statement listing all charges on a
monthly basis.
10. Fees. NRBH shall charge FENWC for services performed on an hourly basis,
calculated at the rate of $65.00 per hour, not to exceed a total cost of $10,000
annually. Supplies, if necessary and authorized by FENWC, shall be payable at
NRBH's usual and customary charge. Preparation of evaluation reports,
preparation and attendance at staffing and all other consulting services is included
in the aforementioned hourly fee schedule. Mileage will not be paid for travel
necessary. Under no circumstances may the fee schedule be modified without the
express prior written authorization of the parties hereto. This represents an in kind
contribution of $65.00 per hour billed to the FENWC
program in services and amount.
11. Compensation. In consideration of the rehabilitation services provided NRBH,
FENWC shall pay NRBH within thirty (30) days from receipt of NRBH 's aggregate
monthly statement.
12. Confidentiality. NRBH and FENWC agree not to disclose any personal or
privileged information to third parties without first obtaining the written consent of
responsible party thereof, unless otherwise permitted or required under applicable
law.
13. Indemnification. NRBH shall indemnify, defend and hold harmless FENWC from
any claims, losses, damages, liabilities, costs, expenses or obligations, including but
not limited to attorneys' fees, court costs and punitive or similar damages, arising
out of or resulting from any act or omission by NRBH or any of its employees,
agents or representatives in the furnishing of mental health and wellness services or
supplies, or arising out of or resulting from the negligent, fraudulent, dishonest or
other acts or omissions of NRBH or its employees, agents or representatives in its
performance under the terms of this Agreement.
Likewise, FENWC, the Weld County Board of County Commissioners, its officers
shall indemnify, defend and hold harmless NRBH from any claims, losses,
damages, liabilities, costs, expenses or obligations, including but not limited to
attorneys' fees, court costs and punitive or similar damages, arising out of or
resulting from any act or omission by FENWC or any of its employees, agents of
representatives in the furnishing of comprehensive educational services of supplies,
or arising out of or resulting from the negligent, fraudulent, dishonest or other acts of
omissions of FENWC or its employees, agents or representatives in its performance
under the terms of the Agreement.
14. Representations. NRBH neither represents nor warrants that the services
provided hereunder shall assure FENWC of accreditation or licensure by the
Colorado Department of Social Services, Colorado Department of Education, by any
other accrediting body, or by any licensing agency.
15. Employment Covenant. It is agreed and understood by both parties that neither
NRBH nor FENWC shall hire or attempt to hire the other party's employees during
the term of this Agreement or for a period of twelve (12) months thereafter, without
mutual consent.
16. Liability Insurance. NRBH will carry at its own expense professional liability
insurance coverage in the amounts equal to at least $1,000,000 annual in
aggregate.
17. Termination. Either NRBH or FENWC may terminate the independent contractor
relationship established by this Agreement with or without cause, by giving thirty
(30) days written notice to the other party.
18. Interruptions. Neither party to this Agreement shall be liable to the other for delays
in delivery of failure to deliver or otherwise to perform any obligation under this
Agreement, where such failure is due to any cause beyond his reasonable control,
including but not limited to Acts of God, fire, strikes, war, flood, earthquakes or
Governmental action.
19. Entire Agreement, Amendment, Waiver. This Agreement merges all previous
negotiations between the parties hereto and constitutes the entire agreement and
understanding between the parties with respect to the subject matter of this
Agreement. No alteration, modification or change of this Agreement shall be valid
except by an agreement in writing executed by the parties hereto.
20. Notices. Any notice required under this Agreement shall be in writing and shall be
sent by certified mail, return receipt requested, postage pre -paid, to NRBH at:
North Range Behavioral Health
1300 N. 171h Avenue
Greeley, CO 80631 ATTN: Wayne Maxwell
And to FENWC at:
Weld County Division of Human Services - FENWC
1555 N. 17th Ave. PO Box 1805
Greeley, CO 80632 ATTN: Sharon K. Benson
21. Assignment. This Agreement is not assignable by FENWC without the express
written consent of NRBH.
22. Severability. If any provision of this Agreement or the application thereof to any
person or circumstance shall be invalid or unenforceable to any extent, it is the
intention of the parties that the remainder of this Agreement and the application of
such provision to other persons or circumstances shall not be affected thereby and
shall be enforced to the greatest extent permitted by law.
23. Captions. The captions contained in this Agreement are for convenience or
reference for the parties and are not intended in any manner whatsoever to
construe, define or limit the scope or intent of this Agreement or any provisions
hereof.
24. Counterparts. This Agreement may be executed in one or more counterparts,
each of which when so executed shall be an original, but all of which together shall
constitute one 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 County
Comm}ssi
illiam F. Garcia, Chairperson
JUN - 1 2009
Attest:
Weld /' unty Clerk • th
By:
Deputy Clerk o the Board
ATTESTING TO BOARD 0
COMMISSIONER SIGNATURES DRILY
North Range Behavioral Health
Services
Wayne Maxwell, PhD., Executive Director
North Range Behavioral Health
Weld County Department of Human Services
C aitct-
hri Rattle, CPA, Director for Finance
Administrative Support
rth Range Behavioral Health
Leo . O755
PURCHASE OF SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this 14' day of May, 2009 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 Department of Human
Services' Family Educational Network of Weld County hereinafter referred to as
"FENWC" and Plan de Salud del Valle, Inc, hereinafter referred to as "Health Center."
WITNESSETH
WHEREAS, FENWC is required to provide medical/dental services according to
the Head Start Performance Standards 45CFR 1304-1, 3,4, & 5.
NOW THEREFORE, in consideration of the premises, the parties hereto
covenant and agree as follows:
1. The Health Center shall provide the health/dental services for the Migrant Head
Start Centers located at 340 Maple, Frederick, CO. Services and appropriate
documentation wilt be complete by the end of the program year.
a. The Health Center will schedule appointments for referred children.
b. The Health Center will go to the FENWC Center daily to observe and
assess children who may be in need of medical services.
c. FENWC will provide transportation for children and families to make
appointments as necessary.
2. The Health Center agrees to provide all physical examinations and update
immunizations, hematocrit, blood pressure, hearing, vision, and height and
weight necessary for any Migrant Head Start child. Completed physical
examination forms will be returned to the child's center no later than two weeks
after the physical has been completed.
3. FENWC agrees to reimburse the Health Center, for the aforementioned services,
a total of $9,000, to cover the following personnel costs: a Physicians Assistant
and Medical Assistant at the Frederick Center.
The Health Center shall provide prophylaxis therapy and application of topical
fluoride for each Head Start child. The Health Center agrees to provide all
restoration and/or extractions as deemed necessary on each referred child.
5. FENWC agrees to reimburse the Health Center $5.00 per child for dental
screenings and other dental services as needed, and will reimburse the Health
Center for additional services according to the attached fee schedule, not to
exceed $5,000.00.
6. The Health Center will submit bills for service monthly to:
Family Educational Network of Weld County
Migrant Head Start Program
attn: Health Specialist
PO Box 1805
Greeley, CO 80632
2ete 2 70255
7. This Agreement may be modified upon the written consent of both parties.
8. Services provided by the Health Center that are not reimbursed by FENWC will
be designated as a non-federal match/in-Kind contribution to the FENWC
Program on behalf of the Health Center. Non -Federal Match/In-Kind
Contributions must be submitted with the bills.
9. All bills must be submitted by October 31, 2009 to receive payment.
10. The Health Center and FENWC mutually agree that this Agreement may be
canceled by either party after a thirty (30) day written notice. This Agreement will
be terminated immediately in the event funding for the Head Start Program is
stopped.
11. The term of this Agreement is from June 15, 2009 through September 11, 2009.
12. The Health Center agrees to provide documentation of background checks of the
medical and dental providers working with the FENWC Head Start Program.
13. The Health Center assures that it carries adequate liability and malpractice
insurance.
14. Provision of the above outlined services at the designated costs represents an in
kind contribution of $ 26,500.00 to the FENWC program in the
services and amounts following; Health Services, $ 26,500.00
15. Assurances:
a. The Health Center 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 Health Center, its employees,
volunteers, or agents while performing this Agreement. The Health
Center, its officers and employees, shall not be held liable for injuries or
damages caused by any negligent acts or omissions of FENWC, its
employees, volunteers, or agents while performing functions as described
in this Agreement. The Health Center shall provide adequate liability and
worker's compensation insurance for all of its employees, volunteers
agents 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 workers' compensation insurance for all employees of FENWC
engaged in the performance of this Agreement.
c. No officer, member, or employee of Weld County and no member of their
governing bodies shall have any pecuniary interest, direct or indirect, in
the approved Agreement or the proceeds thereof.
The Health Center understands that monitoring and evaluation of the
performance of this Agreement shall be conducted by the Weld County
Department of Human Services and the results provided to the Weld
County Board of Commissioners.
e. The Health Center 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 national 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 COUNT BOARD OF
CO NT C • SSIONERS
William Garcia, Chairperson
UN -12009
Attest:
By:
Deputy Cler o the Boa
WELD COUNTY DEPARTMENT OF
HUMAN SERVICES
PLAN
PLAN DE SALUD DEL VALLE
---
StanleyJ. �er, Executive Director
°POo9-/a''5`
PURCHASE OF SERVICES
U tN
L
THIS AGREEMENT, made and entered into this 15day of ri12009, 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 Department of Human Services Family Educational Network
of Weld County's Full Day/Full Year Head Start and Migrant/Seasonal Head Start Program,
hereinafter referred to as "FENWC" and Weld County School District 6, hereinafter referred to as
"School District."
WITNESSETH
THAT FOR AND IN CONSIDERATION OF the covenants herein agreed to be kept and
performed, the School District hereby agrees to provide FENWC the following described services
based upon the following terms and conditions:
1. The School District will provide breakfast, lunches, dinners (including whole milk) and
snacks for approximately 180 Migrant/Seasonal Head Start children and approximately 45
Full Day/Full Year Head Start Children and approximately 57 adults at a cost of $1.45 per
person for breakfast, lunch at a rate of $2.80, dinner at a rate of $2.80 and snack at a rate of
$.95 to FENWC classrooms, Monday through Friday. Lunch and dinner will include %2 cup
fruit and 1/2 cup vegetable to equal one (1) cup. Should a "plate waste study" conducted by
FENWC determine that an adjustment in portion is in order, fruit and vegetable will be
reduced to 1/3 cup each to equal 2/3 cup. Such reduction will carry a $.15 reduction in cost
for lunch.
2. FENWC agrees to notify the School District kitchen by 9:00am daily of the number of
children lunches and the number of adult lunches needed. The lunch and PM snack will be
picked up at 10:00am. Dinner, breakfast and AM snack for the next day will be picked up by
FENWC no later than 2:00pm. FENWC shall notify the School District the week before any
holiday or vacation that meals will not be needed for those specified days.
3. The School District will submit a bill for services to the Family Educational Network of
Weld County, Weld County Department of Human Services, P.O. Box 1805, Greeley,
i
Colorado, 80632, by the 10th of the month for services provided during the preceding month.
4. FENWC will apply directly to USDA for reimbursement for each child's meal by type (full
paid, free or reduced) each month. The School District will not receive USDA
reimbursement for these meals.
FENWC agrees to pay the School District for all meals served to Head Start children and
staff. Such reimbursement will be made within three (3) weeks of the receipt of a statement
of such charges from the School District. The rate will be as described in item #1 above.
5. FENWC agrees to provide the containers necessary for food transportation, and proper food
storage equipment and further agrees to provide for transportation of the food from the
School District to designated FENWC Centers.
6. The School District agrees to provide meals and snacks according to the USDA Food
Program Regulations 7 CFR 226.20 (as administered by the Colorado Department of Public
Health and Environment, Child and Adult Care Food Program [CDPHE-CACFP]) and the
CDPHE-CACFP Center Manual and the Creditable Food Guide.
a. The School District agrees to maintain and provide records as stated in the Food Service
Management Contract as required by CDPHE-CACFP.
b. The School District agrees to provide FENWC with copies of menus one month in
advance so that the FENWC dietitian can review the menu.
7. FENWC will maintain a daily record of the number of meals served by type.
8. The District will assist FENWC to encourage parent involvement in the review of
menus through participation at parent committee meetings and provision of parent activities
which might include a public meeting and a food vendor sampling day.
9. The term of this Agreement shall be from June 1, 2009 through September 11, 2009.
2
10. This Agreement may be amended at any time with the written mutual consent of both parties.
11. The School District and FENWC mutually agree to accept that this Agreement may be
terminated by either party upon a thirty (30) day written notice being provided to the other
party, however, this Agreement will be terminated if the Migrant and Seasonal Head Start
Program funding is stopped.
12. Provision of the above outlined services at the designated costs represents an in kind
contribution of $
amounts following;
0 to the FENWC program in the services and
0 ,$ 0
13. ASSURANCES:
a. The School District 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. Each party to this agreement shall hold the other harmless from any and all liability
caused by the negligence of its employees or agents in performing the tasks pursuant
to this agreement and to save and hold harmless the other party from any and all
claims, demands or causes of action of whatsoever kind of nature resulting from the
party's participation in this agreement. The School District shall provide Worker's
Compensation for all employees of the School District engaged in the performance of
this Agreement, as required by the Colorado Worker's Compensation Act. Likewise,
FENWC, by and through the Board of County Commissioners, shall provide
adequate liability and Worker's Compensation Insurance for all its employees,
volunteers and agents engaged in the performance of this Agreement.
c. No officer, member, or employee of Weld County and no member of their governing
bodies shall have any pecuniary interest, direct or indirect in the approved Agreement
of the proceeds thereof.
3
d. The School District understands that monitoring and evaluation of the performance
of the Agreement shall be conducted by the Weld County Department of Human
Services and the results provided to the Board of County Commissioners of Weld
County.
e. The School District and FENWC assure compliance with Title VI ofthe Civil Rights
Acts of 1986, and that no person shall on the grounds of race, creed, color, sex or
national origin, be excluded from participation in, be denied the benefits of, or be
otherwise subjected to discrimination under the approved Agreement.
f. No portion of this Agreement shall be deemed to constitute a waiver of any
immunities the parties of their officers or employees may possess, nor shall any
portion of this Agreement be deemed to have created a duty of care with respect to
any persons not a party to this Agreement.
g•
No portion of this Agreement shall deemed to created an obligation on the part ofthe
County of Weld, State of Colorado, to expend funds not otherwise appropriated in
each succeeding year.
14. SEVERABILITY:
If any section, subsection, paragraph, sentence, clause, or phrase of this Agreement is for any
reason held or decided to be unconstitutional, such decision shall not affect the validity ofthe
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, paragraph,
sentences, clauses, or phrases might be declared to be unconstitutional or invalid.
IN WITNESS WHEREOF, the parties hereunto have caused this Agreement to be duly
executed as of the day, month, and year first hereinabove set forth.
4
WELD COUNTY BOARD OF
COMMISSIONERS
William F. Garcia, Chairperson
WELD COUNTY SCHOOL DISTRICT 6
ill//'�"r'��1�[)
II
Mona Martinez-Brosh, N'ftrition Services
JUN 1 1009 and Procurement Director
ATTEST: 1144'4 114
WELD COUNTY CLERK COU
TO THE BOARD
By: Deputy Clerk to the Board
WELD COUNTY DEPARTMENT OF
HUMAN SERVICES
Wayne fads, Chief Operations Officer
Dr. Ranelle Lang, Superintendet
PURCHASE OF SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this S ) day of , 2009, 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", and My
Friends and Me Early Education Centers, hereinafter referred to "My Friends and Me".
WITNESSETH:
WHEREAS, My Friends and Me provides early childhood education and child care to
Weld County residents, and has staff that meet qualifications for group leader and assistant group
leader, and
WHEREAS, FENWC receives funding and authority for the Head Start Program, to
provide comprehensive quality education to eligible preschool age children, and
WHEREAS, FENWC wishes to extend hours for migrant families by providing wrap
around child care at the end of the Head Start day, and
WHEREAS, My Friends and Me has expressed a desire to provide qualified staff to
Migrant and Seasonal Head Start program classrooms for wrap -around care, in order for parents
to finish their work and pick up their children at the end of the day,
NOW, THEREFORE, in consideration of the premises, the parties hereto covenant and
agree as follows:
1. Term of Agreement:
The term of this Agreement is from June 8, 2009 through September 11, 2009.
2. Geographic Areas to be Served:
Wrap -around child care services shall be provided to Head Start -eligible children who are
enrolled in the MSHS program.
3. My Friends and Me Responsibilities:
a. Provide up to 6 group leader qualified staff to provide wrap -around child care in 6
Head Start centers from 2:30 through 6:30, Monday through Friday, except on
holidays and dates which the program is closed.
b. In concert with FENWC, coordinate efforts among FENWC staff, My Friends and
Me staff and parents to insure that children receive high quality care and parents
receive accurate information about their child's progress and well-being.
c. Serve the dinner meal to Head Start children when it is delivered each day and
prepare children to be picked up by their parents at the end of the day. Food service
shall be in compliance with Head Start standards, i.e., meals are to be served family
style.
L2er 9-
d. Maintain children's records per FENWC, State and CCAP requirements to be
available for FENWC's use.
e. Submit an itemized invoice for contract services to FENWC by the 20th of each
month. FENWC will provide payment to My Friends and Me by the 10`h of the
following month. Invoices shall be mailed to:
Dr. Janet Flaugher
Family Educational Network of Weld County
P.O. Box 1805
Greeley, CO 80632
Attn: Dr. Janet Flaughcr
4. FENWC Responsibilities:
a. Provide liability insurance for the Head Start children.
b. Provide an early intervention program for preschool age children in need of
language development, to help ensure future academic success.
c. Coordinate enrollment and placement of children in the Head Start centers.
d. Provide necessary supplies, equipment, materials, meals and forms required for
the child care setting.
e. Provide additional staff to maintain the required staff -child center ratio.
f. Provide supervision for the wrap around childcare portion of the day.
f Pay My Friends and Me $15.00 per hour for staff time, including time spent in
training required by FENWC and up to $2,000 for administrative costs for the
duration of the program.
g. Pay for costs associated with fingerprinting My Friends and Me staff to comply
with licensing requirements.
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. FENWC may not assign any of its rights or obligations
hereunder without the prior written consent of My Friends and Me.
7. Applicable Law:
My Friends and Me agrees to follow policies and procedures of the Head Start
Performances Standards — CFR 1304 & 1308, as construed in accordance with the Head
Start Act of 1998.
8. Assurances:
a. My Friends and Me, 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 My Friends and Me, its employees, volunteers, or agents while
performing this Agreement. My Friends and Me, 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, volunteers, or agents while performing
functions as described in this Agreement. My Friends and Me, shall provide
adequate liability and worker's compensation insurance for all of its employees,
volunteers agents 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 workers' compensation insurance for all
employees of FENWC engaged in the performance of this Agreement.
c. No officer, member or employee of Weld County and no member of their
governing bodies shall have any pecuniary interest, direct or indirect, in the
approved Agreement or the proceeds thereof
d. My Friends and Me understands that monitoring and evaluation of the
performance of this Agreement shall be conducted by FENWC.
e. My Friends and Me, 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 national origin be excluded from participation in, be denied the
benefits of, or be otherwise subjected to discrimination under the approved
Agreement.
f 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
portion of this Agreement be deemed to have created a duty with respect to any
persons not a party to this Agreement.
g.
No portion of this Agreement shall be deemed to create an obligation on the part
of the County of Weld, State of Colorado to expend funds not otherwise
appropriated in each succeeding year.
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 except as stated in
Paragraph 5 herein.
This Agreement constitutes the entire understanding between the parties with respect to
the subject matter hereof, and may not be changed or modified except as stated in
Paragraph 5 herein.
If any section, subsection, paragraph, sentence, clause, or phrase of this 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, paragraph, sentences, clauses, or phrases might be declared unconstitutional
or invalid.
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 COUNTjY BOARD OF COUNTY MY FRIENDS AND ME
COMISSIOJN(I*S
William F. rcia, Chair
JUN - 1 2009
ATTEST:
WELD COUNTY CLERK TO
BOARD
By:
Deputy 1 erk o the Boa
WELD COUNTY DEPARTMENT OF
HUMAN SERVICES
Peggy (oKn 'on, Q'yvner
&cc9-/A55
PURCHASE OF SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this %j day ofApfif, 2009 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 Department of Human Services Family Educational
Network of Weld County, Migrant/Seasonal Head Start Program hereinafter referred to as
"FENWC" and the Sunrise Community Health Center herein after referred to as "Health Center."
WITNESSETH
WHEREAS, FENWC is required to provide medical/dental services according to the
Head Start Performance Standards 45CFR 1304-1, 3,4, & 5.
NOW THEREFORE, in consideration of the premises, the parties here to covenant and
agree as follows:
The Health Center shall provide the health/dental services for the Migrant/Seasonal
Head Start Centers located in the Greeley/Evans area. Services and appropriate
documentation will be complete by the end of the program year.
a. The Health Center will schedule appointments for referred children.
b. The Health Center will go to the FENWC Center daily to observe and assess
children who may be in need of medical services.
c. FENWC will provide transportation for children and families to make
appointments if necessary.
2. The Health Center agrees to provide all physical examinations and update
immunizations, hematocrit, blood pressure, hearing, vision, and height and weight and
acute care for any Migrant/Seasonal Head Start child, and return the completed physical
to the child's center no later than two weeks after the physical has been completed. All
physicals and in -services will be completed by September 1, 2009 on all children
enrolled before September 1, 2009.
3. FENWC agrees to reimburse the Health Center, for the aforementioned services, a total
of $25,000.00, to cover the following personnel costs: the Nursing Services Coordinator
and Physicians Assistant for the Greeley Centers. Personnel costs include salary,
benefits, and mileage.
4. FENWC agrees to reimburse the Health Center $10,000.00 for dental services to include
screenings, prophylaxis therapy and application of topical fluoride for each Migrant/
Seasonal Head Start child after Medicaid, CHP+, and any other insurance has paid. The
Health Center agrees to provide all restoration and/or extractions as deemed necessary
on each referred child.
5. The Sunrise Pharmacy will fill all prescriptions prescribed by a Medical provider licensed
in the State of Colorado, and over the counter medications brought to said pharmacy for
families/children enrolled in a FENWC Migrant/Seasonal Head Start Center after
Medicaid, CHP+ and any other insurance has paid, not to exceed $1,000.00.
The pharmacy will use generic drugs whenever possible, whether prescribed or over the
counter medications
7. The pharmacy will write directions in both English and Spanish.
8. The Health Center will provide PPD testing for any FENWC staff at a cost of $10.00 per
test. Any tests that are positive, will be referred to the Weld County Health Department
for follow-up.
9. The Health Center agrees to provide documentation of a background check
completed for midlevel providers, medical assistants and nurses.
10. Aforementioned costs are based on a Migrant Head Start enrollment of one hundred
twenty (120) children, and will be adjusted should the enrollment level change.
11. The Health Center will submit bills to:
Family Educational Network of Weld County
Migrant Head Start Program
attn: Health Specialist
PO Box 1805
Greeley, CO 80632
12. This Agreement may be modified upon the written consent of both parties.
13. Services provided by the Health Center that are not reimbursed by FENWC will be
designated as a non-federal match/in-Kind contribution to the FENWC Program on
behalf of the Health Center. Non -Federal Match/In-Kind Contributions must be
submitted with the bills.
14. The Health Center and FENWC mutually agree that this Agreement may be canceled or
amended by either party after a thirty (30) day written notice. This Agreement will be
terminated immediately in the event funding for the Head Start Program is stopped.
15. All bills must be submitted by October 31, 2009 to receive payment.
16. The term of this Agreement is from June 08, 2009 through September 11, 2009.
17. The Health Center assures that it carries adequate liability and malpractice insurance.
18. Provision of the above outlined services at the designated costs represents an in kind
contribution of $24,302.71 to the FENWC program in the services and amounts
following; Salary & Fringe Benefits, $ 11,462.40; and Other Costs, $12,840.31.
19. Assurances:
a. The Health Center 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 Health Center, its employees, volunteers, or agents while
performing this Agreement. The Health Center, its officers and employees, shall
not be held liable for injuries or damages caused by any negligent acts or
omissions of FENWC, its employees, volunteers, or agents while performing
functions as described in this Agreement. The Health Center shall provide
adequate liability and worker's compensation insurance for all of its employees,
volunteers agents 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
workers' compensation insurance for all employees of FENWC engaged in the
performance of this Agreement.
c. No officer, member, or employee of Weld County and no member of their
governing bodies shall have any pecuniary interest, direct or indirect, in the
approved Agreement or the proceeds thereof.
The Health Center understands that monitoring and evaluation of the
performance of this Agreement shall be conducted by the Weld County
Department of Human Services and the results provided to the Weld County
Board of Commissioners.
e. The Health Center 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 national 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 B RD OF
COUNTY,POMMISSI NERS
William
ATTEST:
By: / R
Clerk to e Board
Judy
WELD COUNTY D
PART
I
'rector
SUNRISE COMMUNITY HEALTH
CENTER
/ an
Mitzi M
ENT OF HUMAN SERVICES
/ 7fly
ran, Executive Director
L/ -/9755
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