HomeMy WebLinkAbout20081565.tiff RESOLUTION
RE: APPROVE PURCHASE OF SERVICE AGREEMENTAND AUTHORIZE CHAIR TO SIGN-
NORTH RANGE BEHAVIORAL HEALTH MULTI-CULTURAL SERVICES
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 North Range Behavioral Health Multi-cultural Services,commencing June 1,
2008, and ending May 31, 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 North Range
Behavioral Health Multi-cultural Services 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 2nd day of June, A.D., 2008, nunc pro tun June 1, 2008.
BOARD OF COUNTY COMMISSIONERS
,�A WELD COUNTY, COLORADO
ATTEST: 4:144 j.. J G
) a"ii
�' 11)N' am H. erkeChair
Weld County Clerk to the • N\''0
�����% • yy�� Rp,¢ey�t P 2 asden, Pro-Tem
BY: Z 1 i . l�Ii!.: if�� i/ —
�eputy Cler to the Board CC��
Wil ' F. Garcia
9PP}�O �ASITO F R :
David E. Long
County Attorney EXCUSED
Douglas Rademacher
Date of signature: a
2008-1565
HR0079
('� .' /74.56-36--(0 07 O ad
, Q
DEPARTMENT OF SOCIAL SERVICES
P.O. BOX A
' GREELEY, CO. 80632
Website: www.co.weld.co.us
Administration and Public Assistance(970)352-1551
OFax Number(970)353-5215
•
COLORADO
MEMORANDUM
TO: William H. Jerke, Chair Date: May 30, 2008
Board of County Commissioners
Thr
FR: Judy A. Griego, Director, Human/Social Services ..ki,A-7'(A
J
RE: Purchase of Services Agreement between Family Educational
Network and North Range Behavioral Health Multi-Cultural
Services
Enclosed for Board approval is a Purchase of Services Agreement between Family
Educational Network of Weld County (FENWC) and North Range Behavioral Health
Multi-Cultural Services (North Range). This Agreement was not reviewed at a Board
Work Session.
The major provisions of the contract are as follows:
1. The term of the contract is June 1, 2008 through May 31, 2009.
2. The source of funding is FENWC Head Start and Migrant Head Start funds.
3. North Range will provide mental health and wellness services to eligible families,
children and staff of the FENWC.
4. FENWC will provide NRBH with all facilities, equipment, supplies that are
reasonable for NRBH to perform its obligations under the Agreement.
5. FENWC will reimburse NRBH for a maximum of$10,000 and according to a
maximum number of hours per week of five (182 hours annually) at an hourly
rate of$55..00
If you have any questions, please telephone me at extension 6510.
2008-1565
PURCHASE OF SERVICE AGREEMENT
This Agreement made and entered into this 14th day of May 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, 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, 2008 through May 31, 2009. 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.
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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.
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.
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. Bills for service will be sent monthly to:
Weld County Division of Human Services - FENWC
1555 N. 17th Ave.
PO Box 1805
Greeley, CO 80632
ATTN: Sharon K. Benson
10. Fees. NRBH shall charge FENWC for services performed on an hourly basis,
calculated at the rate of $55.00 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
1306 11 Avenue
Greeley, CO 80631
ATTN: Wayne Maxwell
And to FENWC at:
Weld County Division of Human Services
Family Educational Network of Weld County
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 North Range Behavioral Health
Commissioners Services
a �-1-1t i /J 11 /.ri ti
�rw • ; H. Jerke, Chairperson Wlyne M xwell, PhD., Executive Director
'1 l La 1 JUN 0 2 2008 North Range Behavioral Health
•
z � il/D�!(N Qd— C l C.\✓ _r' � Johnle, CPA, Director for Finance
ty ‘e th B• rd and Administrative Support
B ' ' �,u ,&& I G'( 4 b North Range Behavioral Health
De.? Cle to the Boar.
A -TING TO BOARD OF COUNTY
COMMISSIONER SIGNATURES ONLY
Weld OUn'ty Dept tment of Human Services
Judy . G'L e , ' ector
(9de?-/5 6.5
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