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HomeMy WebLinkAbout20053673.tiff RESOLUTION RE: APPROVE PURCHASE OFSERVICEAGREEMENT FOR MENTAL HEALTH SERVICES AND AUTHORIZE CHAIR TO SIGN - DR. SUSAN BROMLEY 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 Mental Health 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 Dr. Susan Bromley, commencing August 1, 2005, and ending July 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 Service Agreement for Mental Health 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 Dr. Susan Bromley 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 December, A.D., 2005, nunc pro tunc August 1, 2005. /- /jBOARD OF COUNTY COMMISSIONERS ELD COUNTY, COLORADO • 4'„ATTEST: ! � LD ! " / fr��✓f i iam H. rke, Chair Weld County Clerk to the B�. ;- � .'- f,./� BY c A f X161 ^ `�'�, . J`t.ile, Pro-Tem putt' (41erk to the 0,oard Davi E. Long ED AS ° Vt �� f , Robe D. M den oun A orney Glenn Vaa� Date of signature: ithL 2005-3673 I'�' : ; S Lie-�.�5) HR0076 0/ -/a -Di7 _ MEMORANDUM DATE: December 15, 2005 11110 TO: Board of County Commissioners FROM: Walt Speckman, Executive Director • • COLORADO SUBJECT: Purchase of Service Agreement between FENWC and Dr. Susan Bromley Presented for approval before the Weld County Board of County Commissioners is a Purchase of Service Agreement between FENWC and Dr. Susan Bromley. Dr. Susan Bromley will provide the following mental health services to FENWC Regional and Migrant Head Start eligible adult family member and staff: Counseling Services including assessment, diagnosis, billing and intervention. The scope of such services shall be guided by FENWC. Mental health services shall be provided to those eligible adult family members and staff referred by FENWC, at an additional cost of $50.00 per hour. Dr. Susan Bromley 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. FENWC shall provide Dr. Susan Bromley with all equipment, supplies, and the like, as are reasonably necessary in order for Dr. Susan Bromley to perform its obligations under the Agreement. Dr. Susan Bromley will bill FENWC $50.00 per hour of face to face contact, not to exceed $4,000.00. Preparation, travel, coordination are not charged separately as they are included within this face to face rate. The number of hours in the contact period will be one-hundred (100) hours as mutually agreed upon. Under no circumstances my the fee schedule be modified without the express prior written authorization of the parties hereto. The term of this Agreement shall commence on August 1, 2005 through July 31, 2006. This Agreement shall be subject to review and renewal by the parties annually. If you have any questions please contact Janet Flaugher, Director, @ 353-3800, ext. 3340. 2005-3673 PURCHASE OF SERVICE AGREEMENT This Agreement made and entered into this 1st day of August, 2005, 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 Dr. Susan J. Bromley, hereinafter referred to as Dr. Susan Bromley. WITNESSETH: WHEREAS, FENWC is required to provide a mental health program for Head Start eligible children and their families, in accordance with 45-CFR-1304, Head Start Performance Standards, and WHEREAS, Dr. Susan Bromley 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 Dr. Susan Bromley. FENWC hereby retains Dr. Susan Bromley and Dr. Susan Bromley 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 august 1,2005 through July 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, Dr. Susan Bromley agrees to make her services available to FENWC. The maximum number of hours in the contact period will be one- hundred (100) hours as mutually agreed upon. 4. Scope of Work. Dr. Susan Bromley will provide the following mental health services to FENWC Regional and Migrant Head Start eligible adult family members and staff: Counseling services including assessment, diagnosis, billing, and intervention. The scope of such services shall be guided by FENWC. Mental health services shall be provided to those eligible adult family members and staff referred by FENWC, at an additional cost of $50.00 per hour. Dr. Susan Bromley 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. Dr. Susan Bromley shall schedule services so as to be rendered during hours meeting the needs of FENWC and its clients. All engagements shall be scheduled at mutually agreeable times and dates. 6. Equipment and Supplies. FENWC shall provide Dr. Susan Bromley with all equipment, supplies, and the like, as are reasonably necessary in order for Dr. Susan Bromley to perform its obligations under the Agreement. Notwithstanding the foregoing, Dr. Susan Bromley shall supply small portable equipment as is usual for such services. 7. Nature of Relationship. The relationship between FENWC and Dr. Susan Bromley 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 Mental Health's efforts. Dr. Susan Bromley shall be solely and entirely responsible for its own acts and omissions during the performance of this Agreement. 8. Mental Health Representatives. In connection with the mental health services provided hereunder, FENWC will interact administratively with such individuals as Dr. Susan Bromley may designate. Dr. Susan Bromley 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 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, Dr.Susan Bromley shall provide to FENWC on a form that is acceptable to both parties, specific billing and utilization information for the services rendered. Dr. Susan Bromley shall make available to FENWC all financial records relating to Dr. Susan Bromley services at the request of FENWC. Dr.Susan Bromley shall submit to FENWC, an aggregate statement listing all charges on a monthly basis. 10. Fees. Dr. Susan Bromley will bill FENWC $50.00 per hour of face to face contact, not to exceed $4,000.00. Preparation, travel, coordination are not charged separately as they are included within this face to face rate. 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 mental health services provided by Dr. Susan Bromley, FENWC shall pay Dr. Susan Bromley within thirty (30) days from receipt of Dr. Susan Bromley aggregate monthly statement. 12. Confidentiality. Dr. Susan Bromley 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. Dr. Susan Bromley 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 Dr. Susan Bromley or any of its employees,agents or representatives in the furnishing of mental health services or supplies, or arising out of or resulting from the negligent, fraudulent, dishonest or other acts or omissions of Dr. Susan Bromley 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 Dr. Susan Bromley 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. Dr. Susan Bromley 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 Dr.Susan Bromley 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. Dr. Susan Bromley 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 Dr. Susan Bromley 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 Dr. Susan Bromley at: Dr. Susan Bromley 1750 25th Avenue, Suite 101 Greeley, Co 80634 And to FENWC at: Weld County Division of Human Services Family Educational Network of Weld County 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 Dr. Susan Bromley. 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 hereinabove set forth. IN WITNESS WHEREOF,the parties hereunto have caused this Agreement to be duly executed as of the day and year first hereinabove set forth. WELD COUNTY BOARD OF COMMISSIONERS CON ANT ip"An —i kA,.... 4,,, , ? 2,c-i , .2 , William H. Jerke, Chairperson DEC 21 2005 EYE. Susan romley PsyD / 7 / / 1 WE Cp T DIVI OF HUMAN SERVICES Walt Speckman, Executive Director 11161tit) 4g211 /I //J fir ' ATTEST: �f��YLC ' ika �` WE COUNTY CLERK TO THE BOARD �,T;o., . •*( kI. . NlY t 1/anv*n'g( COMMIS:AGM GNnr, ?LS ONLY By: G M a �;/I De Cle to the Boar O2 005- 34,3 Hello