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Home My WebLink About20060469.tiff RESOLUTION RE: APPROVE PURCHASE OF SERVICES AGREEMENT FOR MENTAL HEALTH AND WELLNESS SERVICES AND AUTHORIZE CHAIR TO SIGN - NORTH RANGE BEHAVIORAL HEALTH 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 Services Agreement for Mental Health and Wellness 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 North Range Behavioral Health Services,commencing January 1,2006,and ending December 31,2006,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 Services Agreement for Mental Health and Wellness 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 North Range Behavioral Health 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 13th day of February, A.D., 2006, nunc pro tunc January 1, 2006. BOARD OF COUNTY COMMISSIONERS ELD COUNTY, COLORADO ATTEST: �eile, Chair Weld County Clerk to the B/ David E. Long, Pro-Tem ' Del ty CI- to the Boa . i<h Willin H. erke E}I RED AS TO FO LQ ,— < l Robert Q. Masden/ ounty Attorney Date of signature: -3 /�� Glenn Vaad 2006-0469 • (ig /VS C-771 HR0077 i�f �, MEMORANDUM a fDATE: February 8, 2006 P TO: Board of County CommissionersIII �• FROM: Walt Speckman, Executive Director I III)j., COLORADO SUBJECT: Purchase of Services Agreement between FENWC and North Range Behavioral Health Multi-Cultural Services Presented for approval before the Weld County Board of County Commissioners is a Purchase of Services Agreement between FENWC and North Range Behavioral Health Multi-Cultural Services hereinafter referred to as `NRBH." NRBH will provide mental health and wellness services to FENWC Head Start and Migrant Head Start eligible families, children, and staff. NRBH agrees to make its services available to FENWC. The maximum 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. Furthermore, 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$10,000.00 annually. 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. The term of this Agreement shall commence on January 1, 2006 through December 31, 2006. If you have any questions please contact Janet Flaugher, Director, @ 353-3800, ext. 3340. 2006-0469 PURCHASE OF SERVICE AGREEMENT This Agreement made and entered into this 1st day of January 2006, 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 January 1, 2006 through December 31, 2006. 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. 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 8 Greeley sites and the 1 Milliken site. ➢ 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 8 Greeley sites and the 1 Milliken site. ➢ 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 8 Greeley sites and the 1 Milliken site. 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. 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. 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 Count Board of County North Range Behavioral Health Commiss' ers Services �Q M.J. eile, Chairperson FEB 1 3 2006 Wayne Maxwell, PhD., Executive Director North Range Behavioral Health Dices I Wal J. peckman, Executive Director Jo Rattle CPA, Director for o Finance and Administrative Support — North /LAS% Range Behavioral Health Attest: Wel County Clerk to the Board r By: I" I C (Pi 74f till r f 7,k 4. De ty Cle to the Boar + ' c ATt STING TO BOARD OF COUNTY I -fir, COMMISSIONER SIGNATURES ONLY k " ` ` ,2 ce l- 6- 2 Hello