HomeMy WebLinkAbout20050735.tiff RESOLUTION
RE: APPROVE PURCHASE OF SERVICE AGREEMENT FOR MIGRANT AND SEASONAL
HEAD START FOR THERAPEUTIC SERVICES AND AUTHORIZE CHAIR TO SIGN -
JEANETTE DAVIS
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 and Seasonal Head Start for 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 Jeanette Davis,
commencing February 7,2005,and ending September 30,2005,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 and Seasonal Head Start for
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 Jeanette Davis 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 Sdte on the 7th day of March, A.D., 2005, nunc pro tunc February 7, 2005.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
I�i t♦� l� `Li ✓
". William H. ke, Chair
n lerk to the Board
� eile, Pro-Te
oz
BY:
Deputy CI- k t the Board
David E. Long
APPR AS TO F •
EXCUSED
Robert D. Masden
oun Attorne
EXCUSED
/,, A Glenn Vaad
Date of signature: /
2005-0735
(-e - HR0076
✓/5 y ) Oa -l8-OS
MEMORANDUM
ThfDATE: February 24, 2005
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Ells TO: Board of County Commissioners
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C•
FROM: Walt Speckman, Executive Director 6L
COLORADO SUBJECT: Purchase of Services Agreement between FENWC and
Jeanette Davis, Mental Health Consultant
Presented for approval before the Weld County Board of County Commissioners is a Purchase
of Services Agreement between FENWC and Jeanette Davis, hereinafter referred to as"Mental
Health.
Mental Health agrees to provide therapeutic services for Migrant/Seasonal Head Start children,
and their families in Grand Junction and Olathe.
FENWC agrees to reimburse Mental Health at a rate of$75.00 per hour. The number of hours
to be determined by the Grand Junction Center Director in consultation with the FENWC Mental
Health/Disabilities Specialist on a weekly basis.
The term of this Agreement shall commence on February 7, 2005 through September 30, 2005.
If you have any questions please contact Janet Flaugher, Director, @ 353-3800, ext. 3340.
,,:w5- 0736
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PURCHASE OF SERVICE AGREEMENT
This Agreement made and entered into this 7th day of February, 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 Jeanette
Davis, hereinafter referred to as "Mental Health."
WITNESSETH:
WHEREAS, FENWC is required to provide therapeutic services for Migrant/
Seasonal Head Start eligible children, in accordance with 45-CFR-1304, Head Start
Performance Standards, and
WHEREAS, FENWC wishes to provide consultation services to parents of
Migrant/Seasonal Head Start eligible children and families, and
WHEREAS, Mental Health 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 Mental Health. FENWC hereby retains Mental Health and
Mental Health 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 February 7, 2005 through September 30, 2005. This
Agreement shall be subject to review and renewal by the parties annually.
3. Nature of Agreement. During the term of the Agreement, Mental Health
agrees to make its services available to FENWC on a weekly basis. Bills for
services are to be signed by the Center Director and include the Contracted
Provider Tracking Sheet (example attached).
4. Scope of Work. Mental Health will provide the following mental health
services to FENWC 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.
➢ 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. Mental health
services shall be provided to those children and families referred by FENWC.
Mental Health 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. Mental Health shall schedule services so as
to be rendered during hours meeting the needs of FENWC and its clients.
Hours of services are to be determined by the Center Director and the
Disabilities and Mental Health Specialist on a weekly basis. Bills for services
are to be signed by the Regional Director and include the Contracted
Provider Tracking Sheet (example attached).
6. Equipment and Supplies. FENWC shall provide Mental Health with all
facilities, equipment, supplies, and the like, as are reasonably necessary in
order for Mental Health to perform its obligations under the Agreement.
Notwithstanding the foregoing, Mental Health shall supply small portable
equipment as is usual for such services.
7. Nature of Relationship. The relationship between FENWC and Mental
Health 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. Mental Health 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 individual as Mental Health may designate. The Mental Health
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, Mental
Health shall provide to FENWC on a form that is acceptable to both parties,
specific billing and utilization information for the services rendered. Mental
Health shall make available to FENWC all financial records relating to Mental
Health's services at the request of FENWC. Mental Health shall submit to
FENWC, an aggregate statement listing all charges on a monthly basis.
10. Fees. Mental Health shall charge FENWC for services performed on an
hourly basis, calculated at the rate of$75.00 per hour. Numbers of hours to
be determined by the Grand Junction Center Director in consultation with the
FENWC Mental Health/Disabilities Specialist on a weekly basis. Bills for
services are to be signed by the Center Director and include the Contracted
Provider Tracking Sheet (copy attached).
Supplies, if necessary and authorized by FENWC, shall be payable at Mental
Health's usual and customary charge. Preparation of evaluation reports,
preparation and attendance at staffing and all other consulting services is
included in the aforementioned fee schedule. 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
Mental Health, FENWC shall pay Mental Health within thirty (30) days from
receipt of Mental Health's aggregate monthly statement.
12. Confidentiality. Mental Health 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. Mental Health 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 Mental Health 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 Mental Health 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 Mental Health 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. Mental Health 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 Mental Health 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. Mental Health 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 Mental Health 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 Mental Health at:
3021 Sequel Way
Grand Junction, Co. 81504
ATTN: Jeanette Davis
And to FENWC at:
Weld County Division of Human Services
Family Educational Network of Weld County
PO Box 1805
Greeley, CO 80632
ATTN: Dr. Janet Flaugher
21. Assignment. This Agreement is not assignable by FENWC without the
express written consent of Mental Health.
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 Mental Health Consultant
Commissioners
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William H. Jerke, Chairperson MAR 0 7 2005 eanette Davis LCSW
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41.2-4
o ititaip u y Clerk to the Board
BY: 4.4:60,4 4//li
Deputy Clerkhe Board
Division of Human Services
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Wal J. peckman, Executive Director
.20,ps-o735
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