HomeMy WebLinkAbout20013297 RESOLUTION
RE: APPROVE PURCHASE OF SERVICES AGREEMENT FOR MENTAL HEALTH AND
PROGRAMMING 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 programming 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 October 1, 2001, and ending September 31, 2002,
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
programming 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.
2001-3297
HR0072
RE: PURCHASE OF SERVICES AGREEMENT - NORTH RANGE BEHAVIORAL HEALTH
SERVICES
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 3rd day of December, A.D., 2001, nunc pro tunc December 1,
2001.
BOARD COUNTY COMMISSIONERS
�d WELD U NTY, COLORADO
ATTEST: r �
-6,A. J. eile, Ch it
Weld County Clerk to theF?
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ra Fplenn aad,
BY: m
Deputy Clerk to the Board i, 1 ./l
Willia . Jerke
APPROVAS T M: r
avi . Long
02" bnty A of rrjey
Robert D. Masden
Date of signature: 1 /3
2001-3297
HR0072
PURCHASE OF SERVICE AGREEMENT
This Agreement made and entered into this .3%d day of December 2001, 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 "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
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 October 1, 2001 through September 31, 2002. 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. The maximum number of hours of service
per week will be forty (40) hours per week(1 ,303 units annually) as mutually agreed
to by FENWC and Mental Health.
4P )1 —3,17
4. Scope of Work. Mental Health will provide the following mental health services to
FENWC Head Start and Migrant Head Start eligible families, children, and staff:
• Assist in planning and administering bilingual/multi-cultural mental health
program activities and services.
• Train 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. Mental Health
shall provide individual schools 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 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$26.86 per hour, 1,303 units per year, not to exceed
a total cost of$35,000.00. 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:
North Range Behavioral Health
Multi-Cultural Services
1306 11 Avenue
Greeley, CO 80631
ATTN: Alex Trujillo
And to FENWC at:
Weld County Division of Human Services
Family Educational Network of Weld County
PO Box 1805
Greeley, CO 80632
ATTN: Tere Keller-Amaya
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 North Range Behavioral Health
Commissioners Services
M.J. eile,Chairperson (42/03/2000) Wayne/Maxwell, PhD., Executive Director
Division of Human Services
Joh Rattle, CPA, Director for Finance
and Administrative Support
6�v
Walter p ckman, Executive Director
Attest:
Mid EL.°
Weld County Clerk to th o 1�Wy
1861 O 4119
By: �./ . �i: . c\l Fly
Deputy Clerk to the Board
ATTESTING TO BOARD OF COUNTY
COMMISSIONER SIGNATURES ONLY
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