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Home My WebLink About20070422.tiff RESOLUTION RE: APPROVE PURCHASE OF SERVICE AGREEMENT FOR MIGRANT/SEASCNAL HEAD START THERAPEUTIC SERVICES AND AUTHORIZE CHAIR TO SIGN - COLORADO WEST REGIONAL 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 for Migrant/Seasonal Head Start Therapeutic 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 the Colorado West Regional Mental Health Center,commencing March 1,2007,and ending February 29,2008,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 for Migrant/Seasonal Head Start Therapeutic 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 the Colorado West Regional 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 21st day of February, A.D., 2007. BOARD OF COUNTY COMMISSIONERS A W=LI COUNTY, COLORADO ATTEST: 6 ///l/�a 1 4*-1/fr David Lc)% g, Chair Weld County Clerk to the Board t[ / / `' 1861 r "1--ii /-h_,--- ` William :r•erP17-Tem / Deputy Clerk to the Board `Will' . Garcia APPR AS TO • . ! 'e Robert D. Masden torney ouglas a eniacher ~� 2 5 /07 Date of signature: 2007-0422 H R0078 MEMORANDUM a fDATE: February 12, 2007 r Vi`p' TO: Board of County Commissioners O FROM: Walt Speckman, Executive Director 7I ,` V COLORADO SUBJECT: Purchase of Services Agreement between Weld County Division of Human Services' Family Educational Network of Weld County's Migrant Seasonal Head Start Program and Colorado West Regional Mental Health Center Presented for approval before the Weld County Board of County Commissioners is a Purchase of Services Agreement between the Family Educational Network of Weld County' Migrant Seasonal Head Start Program, hereinafter referred to as "FENWC" and Colorado West Regional Mental Health Center, hereinafter referred to as "CWRMHC". 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. CWRMHC shall charge FENWC for services performed on an hourly basis. Services for consultation with FENWC staff, counseling services with non-Medicaid eligible families, and/or individual children and FENWC staff shall be calculated at a rate of$60.00 per hour, not to exceed a total cost per year of$5,000.00. Services for medication needed for mental health issues shall be calculated as $150.00 for complete assessment. The term of this Agreement shall be from March 1, 2007 through February 29, 2008. If you have any questions please contact Janet Flaugher, Director, @ 353-3800, ext. 3340. 2007-0422 PURCHASE OF SERVICE AGREEMENT This Agreement made and entered into this 1st day of March 2007, 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 Colorado West Regional Mental Health Center, hereinafter referred to as "CWRMHC." 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, families, and staff, and WHEREAS, CWRMHC 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 CWRMHC. FENWC hereby retains CWRMHC and CWRMHC 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 March 1 , 2007 through February 29, 2008. This Agreement shall be subject to review and renewal by the parties annually. 3. Nature of Agreement. During the term of the Agreement, CWRMHC agrees to make its services available to FENWC. The average number of service hours per week will be five (5) as mutually agreed to by FENWC and CWRMHC. 4. Scope of Work. CWRMHC will provide the following mental health services to 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. CWRMHC services shall be provided to those children and families referred by FENWC. CWRMHC 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. CWRMHC shall schedule services so as to be rendered during hours meeting the needs of FENWC and its clients. CWRMHC shall provide the Grand Junction center 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. It is agreed that all equipment and supplies will be maintained by each agency as necessary in the scope of regular business. FENWC will share with CWRMHC equipment or supplies owned by FENWC as are reasonably necessary in order for CWRMHC to perform its obligations under the Agreement. Notwithstanding the foregoing, CWRMHC shall supply small portable equipment as is usual for such services. 7. Nature of Relationship. The relationship between FENWC and CWRMHC 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 CWRMHC's efforts. CWRMHC shall be solely and entirely responsible for its own acts and omissions during the performance of this Agreement. 8. CWRMHC Representatives. In connection with the CWRMHC services provided hereunder, FENWC will interact administratively with such individual as CWRMHC may designate. The CWRMHC 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 CWRMHC 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, CWRMHC shall provide to FENWC on a form that is acceptable to both parties, specific billing and utilization information for the services rendered. CWRMHC shall make available to FENWC all financial records relating to CWRMHC's services at the request of FENWC. CWRMHC shall submit to FENWC, an aggregate statement listing all charges on a monthly basis. 10. Fees. CWRMHC shall charge FENWC for services performed on an hourly basis. Services for consultation with FENWC staff, counseling services with non-medicaid eligible families, and/or individual children and FENWC staff shall be calculated at the rate of $60.00 per hour, not to exceed a total cost per year of $5,000.00. Services for medications needed for mental health issues shall be calculated as $150.00 for complete assessment. Preparation of evaluation reports, preparation and attendance at staffing and all other consulting services is included in the aforementioned fee schedule of$60.00 per hour. Under no circumstances may the fee schedule be modified without the express prior written authorization of the parties hereto. 11. Compensation. In consideration of the rehabilitation services provided by CWRMHC, FENWC shall pay CWRMHC within thirty (30) days from receipt of CWRMHC's aggregate monthly statement. 12. Confidentiality. CWRMHC 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. CWRMHC 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 CWRMHC or any of its employees, agents or representatives in the furnishing of CWRMHC services or supplies, or arising out of or resulting from the negligent, fraudulent, dishonest or other acts or omissions of CWRMHC 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 CWRMHC 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. CWRMHC 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 CWRMHC 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. CWRMHC 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 CWRMHC 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 CWRMHC at: Colorado West Regional Mental Health Center 515 28 % Road Grand Junction, CO 81501 ATTN: Ken Stein — Exec. Director Remittance will be sent to Janis Norris at same address. 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 Benson 21. Assignment. This Agreement is not assignable by FENWC without the express written consent of CWRMHC. 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 Colorado West Regional Mental Health Co ssioners C) Ce t r ). David E. Long, Chairperson B 2 1 2001 Dr. Ken tein Executive Director - CWRMHC Attest: Midi fe-x' a 77 Weld County Clerk to the B rd kin' isr By: 11,i r , LLIW %.. '►r '1 De. y Cle to the Board `/UN ATTESTING TO BOARD OF COUNTY COMMISSIONER SIGNATURES ONLY Division of Human Services itieS13-1 Walckman, Executive Director ao2) 7-C Vaa Hello