HomeMy WebLinkAbout20040685.tiff RESOLUTION
RE: APPROVE PURCHASE OF SERVICE AGREEMENT FOR MENTAL HEALTH SERVICES
FOR HEAD START AND MIGRANT HEAD START AND AUTHORIZE CHAIR TO SIGN -
JANETTE 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 Mental
Health Services for Head Start and Migrant Head Start 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 Janette Davis,
commencing February 1,2004,and ending November 24,2004,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 for Head Start
and Migrant Head Start 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 Janette 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 vote on the 8th day of March, A.D., 2004, nunc pro tuns February 1, 2004.
BOARD OF COUNTY COMMISSIONERS
W D COUNTY, COLORADO
ATTEST: LI/ �� �� \U�S�
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Robert D. Masden, Chair
Weld County Clerk to e ': s O litzp
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�- tC9es A William H. Jerke, Pro-Tem
Deputy Clerk to the B.Lj" EX SED
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APP VEDA S T FORM:
Da��id E. L/on�
county Attorney .1 (tuN !/
Glenn VaacC
Date of signature: Yi�
2004-0685
HR0075
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PURCHASE OF SERVICE AGREEMENT
This Agreement made and entered into this day of February, 2004, 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 Janette Davis, hereinafter referred to as "Mental Health."
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 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 1, 2004 through November 24, 2003. 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. Numbers of hours to be determined by the
Head Start Center Director in consultation with the Western Slope Area Director and-
FENWC Disabilities and Mental Health Specialist on a weekly basis.
4. Scope of Work. Mental Health 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 Head Start and Migrant/Seasonal 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. Scheduling
and numbers of hours to be determined by the Grand Junction center director in
consultation with the Western Slope Area Director and FENWC Disabilities and
Mental Health Specialist on a weekly basis.
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 along with the contracted provider tracking
sheet (Attached).
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 Western Slope Area
Director and FENWC Disabilities and Mental Health Specialist on a weekly basis.
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. The Consultant will bill FENWC by the 10th of the month for
previous month's charges. Bills must include the Contracted Provider Tracking
sheet signed by the Center Director and the Western Slope Area Director.
Bills will be sent to:
Weld County Division of Human Services
Attention: Terril Rector
P.O. Box 1805
Greeley, Colorado 80632
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, Colorado 81504
ATTN: Janette Davis
And to FENWC at:
Weld County Division of Human Services
Family Educational Network of Weld County
PO Box 1805
Greeley, CO 80632
ATTN: Terril Rector
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
2.:Eetu-66CCIL
Robert D. Masden MAR 0 8 2004 Janette Davis
Division of Human Services
WaitePjfdatan—_
peckman, Executive Director
Attest:
'1 EL
Weld County Clerk to he
O 4
By: �� _�. �� r .4
Deputy Clerk to the Boa
ATTESTING TO BOARD OF COUNTY
COMMISSIONER SIGNATURES ONLY
dooy ob85
MEMORANDUM
DATE: February 27, 2004
IRobert D. Masden, Chair, Board of County
WE`D C TO: Commissioners
COLORADO FROM: Walt Speckman, Executive Director ' l?I
V '
SUBJECT: Purchase of Service Agreement between the Family
Educational Network of Weld County and Janette Davis
Enclosed for Board approval is a Purchase of Service Agreement between the Weld County Division
of Human Services' Family Educational Network and Janette Davis.
Janette Davis will provide mental health to both Head Start and Migrant Head Start families,
children, and staff.
If you have any questions, please call Dr. Janet Flaugher at extension 3340.
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2004-0685
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