HomeMy WebLinkAbout20081184.tiff RESOLUTION
RE: APPROVE PURCHASE OF SERVICE AGREEMENT FOR MIGRANT/SEASONAL HEAD
START PROGRAM AND AUTHORIZE CHAIR TO SIGN - MIDWESTERN MENTAL
HEALTH CENTER
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 Purchase of Service Agreement 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 Midwestern Mental Health Center, commencing March 1, 2008, and ending
February 28, 2009, 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 Purchase of Service Agreement 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 Midwestern
Mental Health Center 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 23rd day of April, A.D., 2008, nunc pro tunc March 1, 2008.
BOARD OF COUNTY COMMISSIONERS
�� �,�� WELD COUNTY, COLORADO
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' u�l H. Jerke, Chair
Weld County Clerk to the Boar 1861 t ,.. a...
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Deputy Clerk to the Board N.• L
Willi. Garcia
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E David . Long
ounty Attorney n qq aA�� ate
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Date of signature: " ' 05
2008-1184
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MEMORANDUM
if t DATE: April 18, 2007
VlITO: Board of County Commissioners 1I
��e FROM: Walt Speckman, Executive Director ti,�/(,(i&-
COLORADO SUBJECT: Purchase of Services Agreement between FENWC and
Midwestern Mental Health Center
Presented for approval before the Weld County Board of County Commissioners is a Purchase
of Services Agreement between FENWC and Midwestern Mental Health Center, hereinafter
referred to as "MMHC".
MMHC will provide therapeutic services to FENWC'S Migrant/Seasonal Hard Start eligible
families, children, and staff in accordance with 45-CFR01304, Migrant/Seasonal Head Start
Performance Standards.
FENWC agrees to reimburse MMHC for services performed on an hourly basis. Services for
consultation with teachers,work with families, and individual children shall be calculated at the
rate of$30.00 per hour, not to exceed a total cost of$7,500.00.
Services for Migrant Head Start staff shall be calculated on a sliding scale rate.
Services for medications needed for mental health issues shall be calculated as $114.00 for an
initial visit and $85.00 for each additional visit after. Supplies, if necessary and authorized by
FENWC, shall be payable at the MMHC usual and customary charge.
Preparation of evaluation reports, preparation and attendance at staffing and all other consulting
services is included in the aforementioned fee schedule of$25.00 per hour.
The term of this Agreement shall commence on March 1, 204 through February 29, 2009.
If you have any questions please contact Janet Flaugher, Director, @ 353-3800, ext. 3340.
2008-1184
PURCHASE OF SERVICE AGREEMENT
This Agreement made and entered into this r day of M(„Lj, 2008, 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 Migrant Seasonal Head Start
Program, hereinafter referred to as "FENWC," and Midwestern Mental Health Center,
hereinafter referred to as "MMHC."
WITNESSETH:
WHEREAS, FENWC is required to provide therapeutic services for
Migrant/Seasonal Head Start eligible children, in accordance with 45-CFR-1304,
Migrant/Seasonal Head Start Performance Standards, and
WHEREAS, FENWC wishes to provide consultation services to parents of Migrant
Head Start eligible children and families, and
WHEREAS, MMHC 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 MMHC. FENWC hereby retains MMHC and MMHC hereby
accepts engagement by FENWC upon the terms and conditions hereinafter set
forth.
2. Term. Subject to March 1, 2008 through February 29, 2009. This Agreement shall
be subject to review and renewal by the parties annually.
3. Nature of Agreement. During the term of the Agreement, MMHC agrees to make
its services available to FENWC. The hours per week will be decided on by
FENWC staff and requested of MMHC as mutually agreed to by FENWC and
MMHC.
4. Scope of Work. MMHC will provide the following Mental Health services to
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FENWC Head Start and Migrant/Seasonal Head Start eligible families, children, and
staff:
➢ Assist in planning and administering bilingual/multi-cultural Mental Health
program activities and services.
➢ Train Migrant/Seasonal Head Start Staff when requested by FENWC.
➢ Observe children and consult with teacher and other staff.
➢ Assist in providing special help for children with atypical behavior or
development.
➢ Orient parents and work with them to achieve the objectives of the Mental
Health program. Provide group and individual therapy, as appropriate.
➢ 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 related services to FENWC staff.
The scope of such services shall be guided by FENWC. MMHC services shall be provided
to those children and families referred by FENWC. MMHC 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. MMHC shall schedule services so as to be
rendered during hours meeting the needs of FENWC and its clients. MMHC shall
provide individual schools 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 MMHC with all facilities,
equipment, supplies, and the like, as are reasonably necessary in order for MMHC
to perform its obligations under the Agreement. Notwithstanding the foregoing,
MMHC shall supply small portable equipment as is usual for such services.
7. Nature of Relationship. The relationship between FENWC and MMHC 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 MMHC's efforts. MMHC shall be solely and entirely
responsible for its own acts and omissions during the performance of this
Agreement.
8. MMHC Representatives. In connection with the Mental Health services provided
hereunder, FENWC will interact administratively with such individual as MMHC
may designate. The MMHC 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 MMHC therapist or his/her
supervisor shall be a graduate of an accredited MMHC curriculum and in good
standing with his/her accrediting organization.
9. Billing Information. Immediately following the provision of services, MMHC shall
provide to FENWC on a form that is acceptable to both parties, specific billing and
utilization information for the services rendered. MMHC shall make available to
FENWC all financial records relating to MMHC's services at the request of FENWC.
MMHC shall submit to FENWC, an aggregate statement listing all charges on a
monthly basis.
10. Fees. MMHC shall charge FENWC for services performed on an hourly basis.
Services for consultation with teachers, work with families, and individual children
shall be calculated at the rate of $30.00 per hour, not to exceed a total cost of
$7,500.00. Medicaid or private insurance will be applied for when eligible and billed
first for the families that have coverage before FENWC will be billed. Migrant Head
Start staff are responsible for their own charges and these charges will be
determined by the sliding scale rates in use at MMHC for staff with no health
insurance or limited benefits for Mental Health services. Services for medications
needed for MMHC issues shall be calculated as $114.00 for an initial visit and
$85.00 for each additional visit after. Supplies, if necessary and authorized by
FENWC, shall be payable at the MMHC's usual and customary charge. Preparation
of evaluation reports, preparation and attendance at staffing and all other consulting
services is included in the aforementioned fee schedule of$25.00 per hour. Under
no circumstances may the fee schedule be modified without the express prior
written authorization of the parties hereto.
IN-KIND CONTRIBUTIONS: Provision of the above outlined services at the
designated costs represents an in kind contribution of $ 60.00 per billed hour to
the FENWC program in the services provided.
11. Compensation. In consideration of the rehabilitation services provided by MMHC,
FENWC shall pay MMHC within thirty (30) days from receipt of MMHC's aggregate
monthly statement.
12. Confidentiality. MMHC 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. MMHC 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 MMHC or any of its employees,
agents or representatives in the furnishing of MMHC services or supplies, or arising
out of or resulting from the negligent, fraudulent, dishonest or other acts or
omissions of MMHC 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 MMHC 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. MMHC 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
MMHC 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. MMHC 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 MMHC 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 to be given under this Agreement shall be in writing
and shall be sent by certified mail, return receipt requested, postage pre-paid, to
MMHC at::
Midwestern MMHC Center
P.O. Box 1208
Montrose, CO. 81402
ATTN: Patsy Boyle
970-252-3200
And to FENWC at:
Weld County Division of Human Services
Family Educational Network of Weld County
PO Box 1805
Greeley, CO 80632
ATTN: Sharon Benson
21. Assignment. This Agreement is not assignable by FENWC without the express
written consent of MMHC.
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 Midwestern HC Center
Commissioners
William H. Jerke, Chairperson Jon ordon M. Ed., Executive Director
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Attest: u I IE Lt
Weld County Clerk to the Boa (1861 (' ika9
By: c '_ ':. 4
Deputy Cle to the Board �: icl
ATTESTING TO BOARD OF COUNTY
COMMISSIONER SIGNATURES ONLY
Div ' f uma ervices
Wa J. peckman, Executive Director
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