HomeMy WebLinkAbout20091687.tiffRESOLUTION
RE: APPROVE CONSULTANT AGREEMENT FOR MENTAL HEALTH SERVICES AND
AUTHORIZE CHAIR TO SIGN - JULIE SKINNER
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 Mental Health
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, Family
Educational Network of Weld County, and Julie Skinner, commencing June 1, 2009, and ending
May 31, 2010, 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 Mental Health 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, Family Educational Network of Weld County, and
Julie Skinner 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 20th day of July, A.D., 2009, nunc pro tunc June 1, 2009.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, RADO
ATTEST:
Weld County Clerk to the
BY
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Deputy Cle
to the Bo
Attorney
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Date of signature ”07Z)Z5;
Iliam F. Garcia, Chair
I�7hcC� .4jar
�•ugla adema er, Pro-Tem
Sean P. Conway /
arbQra Kirkmeyer
David E. Long
2009-1687
eo `. t sC_t S) 01 >-8-loq HR0080
MEMORANDUM
DATE: July 16, 2009
TO: William F. Garcia, Chair, B and f Con y mmissioners
111111 �• FROM: Judy A. Griego, Director uman ervices eparnent
COLORADO RE:
Consultant Agreement between the Weld County
Department of Human Services' Family Educational
Network's Head Start and Migrant/Seasonal Head Start
Programs and Julie Skinner
Enclosed for Board approval is a Consultant Agreement between the Weld County Department
of Human Services' Family Educational Network's Head Start and Migrant/Seasonal Head
Start Programs and Julie Skinner. This Agreement was presented at the Board's July 14, 2009,
Work Session.
The terms of this Agreement are as follows:
No
Provider/Term
Program Area
Rate
1
Julie Skinner
June 15, 2009 - May 31, 2010
Mental Health Services
$55 per Hour per Contact
Max. $5,000.00
If you have questions, please give me a call at extension 6510.
2009-1687
CONSULTANT AGREEMENT BETWEEN JULIE SKINNER AND THE FAMILY
EDUCATIONAL NETWORK OF WELD COUNTY
THIS AGREEMENT, made and entered into this /D day of l 2009, by and
between the County of Weld, State of Colorado, by and throug 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," of Weld County
and Julie Skinner, hereinafter referred to as "Consultant."
WITNESSETH
WHEREAS, FENWC wishes to contract services of a Mental Health Professional for the
Head Start and Migrant/Seasonal Head Start Programs in Weld County;
WHEREAS, Head Start embraces a vision of mental wellness and FENWC is required to
provide a mental health program for Head Start eligible children and their families in accordance
with FENWC Policies and Procedures, based on the Administration for Children and Families
Performance Standards (45-CFR 1304.24), and in accordance with Section 504 of the Rehabilitative
Act of 1973, the ADA and IDEA;
WHEREAS, the purpose of this Agreement is to ensure policy for the provision of services by
increasing the level of early childhood Mental Health services for children enrolled in the Family
Educational Network of Weld County's' Head Start and Migrant/Seasonal Head Start Programs and
their families. The intent of this Agreement is to augment Mental Health current services and to
support a regular schedule of mental health consultations.
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 1, 2009 through May 31, 2010.
2. Scope of Work: Consultant will provide the following mental health services to FENWC
Head Start and Migrant/Seasonal Head Start enrolled children and their families who are
eligible in Weld County.
a. FENWC Responsibilities:
Fulfill expectations outlined in the Head Start Performance Standards,
FENWC Policy and Procedures and all state and federal laws and rules
governing the provision of Early Intervention to enrolled children and their
families. This includes screening of all children, collaborative relationships
with families and cooperating with community partners to provide education,
support, training, and quality education.
ii. Secure the services of mental health professionals (consultant) on a
schedule of sufficient frequency to enable the timely and effective
identification of and intervention in family and staff concerns about a child's
mental health. These services must include consultation with the consultant,
program staff, and parents on how to create responsive program practices,
promote children's mental wellness and assist in providing special help for
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children with atypical behavior or development.
ii. Refer all children with suspected mental health issues to the consultant for
evaluation, to determine whether there is a need for mental health and
related services.
iv. Share the responsibility for assisting the parents with paperwork. Provide an
inclusive or mainstream experience for children with mental health issues
enrolled in the FENWC Head Start and Migrant/Seasonal Head Start
Program. Assure children with mental health issues are included in the full
range of activities and services normally provided to all children enrolled.
Provide reasonable accommodations/modifications necessary to meet the
special needs of all children (to include, but not limited to, equipment,
furniture, special assistants.)
v. 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. Utilize other
community mental health resources, as needed.
vi. Monitor children's progress monthly and track services.
b. Consultant Responsibilities:
Assist parent's understanding of their rights and responsibilities as parents of
a child receiving Mental Health services.
H. Provide pre -referral and formal evaluation, which meet the requirements of
IDEA. Referral, evaluation data findings and forms will be kept in the child's
file and a copy submitted to the Mental Health and Disabilities Specialist to
verify process.
As requested, participate in the planning, evaluation, completion and
implementation of services outlined in a child's IEP or IFSP.
iv. Assist with or complete Behavior Support Plans for children in the program
as requested.
v. Develop and maintain a monthly schedule for time into each center. This
schedule will be posted in the center so parents and staff can plan time to
meet with consultant as needed.
vi. Provide or participate in training with FENWC staff and parents as
requested.
vi. The Consultant will bill FENWC by the 10th of each month for previous
month's activities. Bills and copies of the current Contracted Providers
Tracking Sheet and any Training Documentation will be sent for verification
to FENWC Mental Health/Disabilities Specialist.
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5. Scheduling of Engagements. Consultant shall schedule services so as to be rendered
during hours meeting the needs of FENWC and its clients. All engagements shall be
scheduled at mutually agreeable times and dates.
6. Equipment and Supplies. FENWC shall provide Consultant with all equipment, supplies,
and the like, as are reasonably necessary in order for Consultant to perform its obligations
under the Agreement. Notwithstanding the foregoing, Consultant shall supply small portable
equipment as is usual for such services.
7. Nature of Relationship. The relationship between FENWC and Consultant 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 Mental Health's efforts. Consultant
shall be solely and entirely responsible for its own acts and omissions during the
performance of this Agreement.
8. Mental Health Representatives. In connection with the mental health services provided
hereunder, FENWC will interact administratively with such individuals as Consultant may
designate. Consultant 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 her
supervisor shall be a graduate of an accredited mental health curriculum and in good
standing with his/her accrediting organization.
9. Billing Information. By the 10th of each month, Consultant shall submit to FENWC, an
aggregate statement listing all charges. Consultant shall provide to FENWC on a form that
is acceptable to parties, specific billing and utilization information for the services rendered.
Consultant shall make available to FENWC all financial records relating to Consultant
services at the request of FENWC.
10. Fees and In -kind. Consultant will bill FENWC $55.00 per hour of contact, not to exceed
$5,000.00 per program year. Under no circumstances may the fee schedule be modified
without the express prior written authorization of the parties hereto. Provision of the above
outlined services at the designated costs represents an in kind contribution of $ 65.00 per
hour to the FENWC program in the services and amount.
Payment and communications will be sent as follows:
Consultant.:
Julie Skinner - Consultant
4835 W. 7th St.
Greeley, Co 80634
FENWC:
Weld County Department of Human Services
Family Educational Network of Weld County
PO Box 1805
Greeley, CO 80632
ATTN: Sharon K. Benson - Mental Health/Disabilities Specialist
11. Compensation. In consideration of the mental health services provided by Consultant,
FENWC shall pay Consultant within thirty (30) days from receipt of Consultant aggregate
monthly statement.
12. Confidentiality. Consultant 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. Consultant 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 Consultant or any of its employees, agents or representatives in
the furnishing of mental health services or supplies, or arising out of or resulting from the
negligent, fraudulent, dishonest or other acts or omissions of Consultant 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 Consultant 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. Consultant 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 Consultant
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. Consultant will carry at its own expense professional liability insurance
coverage in the amounts equal to at least $3,000,000 annual in aggregate.
17. Termination. Either Consultant 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. Modification of Agreement:
All modifications to this Agreement shall be in writing and signed by both parties. Any notice
required to be given under this Agreement shall be sent by certified mail, return receipt
requested, postage pre -paid, to
Consultant:
Julie Skinner
4835 W. 7th St.
Greeley, Co 80634
And to FENWC:
Weld County Department of Human Services
Family Educational Network of Weld County
PO Box 1805
Greeley, CO 80632
ATTN: Sharon K. Benson — Mental Health/Disabilities Specialist
21. Assignment. This Agreement is not assignable by either party without the express written
consent of both parties.
22. 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.
23. 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.
24. 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.
25. 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.
26. 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.
27. 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.
28. 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 workers 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 the Weld County Department of Human Services shall
conduct monitoring and evaluation of the performance of this Agreement 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.
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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 ARD OF COMMISSIONERS CONSULTANT
William F. Garcia, Chairperson JUL 2 0 2009
ATTEST:
WELD COUNTY CLERK T
By:
Deputy Clerk o the Board
ATTESTING TO BOARD OF COUNTY
COMMISSIONER SIGNATURES ONLY
Weld County Department of Human Services
Julie Skinner, M.A.
SUPERVISOR
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