HomeMy WebLinkAbout20062912 RESOLUTION
RE: APPROVE PURCHASE OF SERVICE AGREEMENT FOR MIGRANT/SEASONAL HEAD
START PROGRAM AND AUTHORIZE CHAIR TO SIGN - CHRYSALIS GRIEF CENTER
HOSPICE AND PALLIATIVE CARE OF NORTHERN COLORADO, INC.
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 the
Migrant/Seasonal Head Start Program 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 Chrysalis Grief Center
Hospice and Palliative Care of Northern Colorado, Inc., commencing October 16,2006, and ending
October 15, 2007, 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 the Migrant/Seasonal Head Start
Program 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 Chrysalis Grief Center Hospice and Palliative Care
of Northern Colorado, Inc., 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 October, A.D., 2006, nunc pro tunc October 16, 2006.
BOARD OF UNTY COMMISSIONERS
WELD CO TY, COLORADO
el ATTEST: ✓ r �� i'
,
rssr '2 . J� ile Chair
Weld County Clerk to the a V
Y David E. Long, ro-Tem
BY. imd
Depu Clerk t the Board -e
Jerke
APP AS k &NC
Robert D. Masd
County Attorney
Glenn
Date of signature: (Lk IR°
2006-2912
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MEMORANDUM ra
Attlig DATE: October 10, 2006
Wi`p TO: Board of County Commissioners
t
O FROM: Walt Speckman, Executive Director �
COLORADO SUBJECT: Purchase of Services Agreement between FENWC and
Chrysalis Grief Center Hospice and Palliative Care of
Northern Colorado, INC.
Presented for approval before the Weld County Board of County Commissioners is a Purchase of
Services Agreement between FENWC and Chrysalis Grief Center Hospice and Palliative Care of
Northern Colorado, Inc. hereinafter referred to as`Chrysalis".
FENWC wishes to provide Mental Health Services and consultation to Regional and Migrant
Seasonal Head Start eligible staff, children and families.
Chrysalis will provide mental health and wellness program activities and services with
relationship to grief, loss and the grieving process.
Chrysalis shall charge FENWC for services performed on an hourly basis, calculated at the rate
of$30.00 per hour, not to exceed a total cost of$5,000.00 annually. Mileage will not be paid for
travel.
The term of this Agreement between FENWC and Chrysalis shall be for the period beginning
October 16, 2006 through October 15, 2007
If you have any questions please contact Janet Flaugher, Director, @ 353-3800, ext. 3340.
2006-2912
PURCHASE OF SERVICE AGREEMENT
PURCHASE SERVICE AGREEMENT BETWEEN CHRYSALIS GRIEF CENTER
HOSPICE AND PALLIATIVE CARE OF NORTHERN COLORADO, INC. AND THE
FAMILY EDUCATIONAL NETWORK OF WELD COUNTY HEAD START AND
MIGRANT/SEASONAL HEAD START.
THIS AGREMENT, made and entered into this 16th day of October, 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
Services' Family Educational Network of Weld County, hereinafter referred to as
"FENWC," and Chrysalis Grief Center Hospice and Palliative Care of Northern
Colorado, Inc. hereinafter referred to as "Chrysalis".
WITNESSETH:
FENWC is required to provide therapeutic services for Head Start and Migrant
Seasonal 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 Seasonal Head Start eligible staff, children and families, and
WHEREAS, CHRYSALIS 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 CHRYSALIS. FENWC hereby retains CHRYSALIS and
CHRYSALIS 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 October 16, 2006 through October 15, 2007. This Agreement shall
070176 R9/o?
be subject to review and renewal by the parties annually.
3. Nature of Agreement. During the term of the Agreement, CHRYSALIS agrees to
make its services available to FENWC. The average number of service hours of per
week will be three (3) hours as mutually agreed to by FENWC and CHRYSALIS.
4. Scope of Work. CHRYSALIS 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 with relationship to grief, loss and
the grieving process.
• 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
CHRYSALIS site or in FENWC Head Start centers as requested and
available in the 15 Weld County sites.
• 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 CHRYSALIS
site or as requested and available in FENWC Head Start 15 Weld County
sites
• Assist with the training and education to parents of eligible Head Start
children as requested and available at the local CHRYSALIS site or in
FENWC Head Start 15 Weld County sites.
Provide individual or group therapy at the local CHRYSALIS site as
appropriate through referrals received from the Disability/Mental Health
specialist or as initiated by an eligible Head Start staff or enrolled family.
➢ 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. CHRYSALIS
services shall be provided to those staff, children and families referred by FENWC.
CHRYSALIS 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. CHRYSALIS shall schedule services so as to be
rendered during hours meeting the needs of FENWC and its clients. CHRYSALIS
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 CHRYSALIS with all facilities,
equipment, supplies, and the like, as are reasonably necessary in order for
CHRYSALIS to perform its obligations under this Agreement. Notwithstanding the
foregoing, CHRYSALIS shall supply small portable equipment as is usual for such
services.
7. Nature of Relationship. The relationship between FENWC and CHRYSALIS 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 CHRYSALIS's efforts. CHRYSALIS shall be solely and
entirely responsible for its own acts and omissions during the performance of this
Agreement.
8. CHRYSALIS Representatives. In connection with the mental health and wellness
services provided hereunder, FENWC will interact administratively with such
individual/s as CHRYSALIS may designate. The CHRYSALIS 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, CHRYSALIS
shall provide to FENWC on a form that is acceptable to parties, specific billing and
utilization information for the services rendered. CHRYSALIS shall make available
to FENWC all financial records relating to CHRYSALIS's services at the request of
FENWC. CHRYSALIS shall submit to FENWC, an aggregate statement listing all
charges on a monthly basis.
10. Fees. CHRYSALIS shall charge FENWC for services performed on an hourly
basis, calculated at the rate of $30.00 per hour, not to exceed a total cost of
$5,000.00 annually. Supplies, if necessary and authorized by FENWC, shall be
payable at CHRYSALIS'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
CHRYSALIS, FENWC shall pay CHRYSALIS within thirty (30) days from receipt of
CHRYSALIS 's aggregate monthly statement.
12. Confidentiality. CHRYSALIS 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. CHRYSALIS 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 CHRYSALIS 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 CHRYSALIS 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 CHRYSALIS 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. CHRYSALIS 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
CHRYSALIS 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. CHRYSALIS 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 CHRYSALIS 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 CHRYSALIS at:
Chrysalis Grief Center
Hospice and Pallative Care of Northern Colorado, Inc.
3705 W. 12th St.
Greeley, CO 80634
ATTN: Tammy Brannen-Smith, LCSW
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 CHRYSALIS.
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 Chrysalis Grief Center
Coommmissi ers
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M.J. eile, Chairperson OCT 2 3 2006 Thomas J. Hall, I
Executive Director
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'Clerk to the Board
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Dep t Clerk the Board
ATTESTING TO BOARD OF COUNTY
COMMISSIONER SIGNATURES ONLY
Division of Human Services
Walt . eckman, Executive Director
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