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Home My WebLink About950335.tiffRESOLUTION RE: APPROVE PURCHASE OF SERVICES AGREEMENT BETWEEN WELD MENTAL HEALTH, INC., AND HUMAN SERVICES' FAMILY EDUCATIONAL NETWORK OF WELD COUNTY (FENWC) AND AUTHORIZE CHAIRMAN TO SIGN 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 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of Human Services' FENWC, and Wel;d Mental Health, Inc., commencing January 1, 1995, and ending December 31, 1995, 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 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of Human Services' FENWC, and Weld Mental Heatlh, Inc., be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman 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 6th day of March, A.D., 1995, nunc pro tunc January 1, 1995. BOARD OF COUNTY COMMISSIONERS `WE COUNTY, COL RAD .nrvl/////® ATTEST: Weld County Clerk to the Board BY: Ay Deputy Deputy Cie& to the Board AP"' ED AS TO FORM, my Attorne de ; /45; GiM/h± Dale K. Hall, Chairman FxCL isFn Barbara J. Kirkmeyer, Pro-Tem '�Georpe E. Baxter Constance L. Harbert 4O141 tudititi W. H. Webster 950335 HR0065 PURCHASE OF SERVICE AGREEMENT This Agreement made and entered into this /4 day of January August, 1995, 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 Weld mental Health Center, 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 January 1, 1995, through December, 31, 1995. 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 as mutually agreed to by FENWC and Mental Health. 4. Scope of Work. Mental Health will provide the following mental health services to FENWC Head Start eligible families and children, and staff: Assist in planning and administering bilingual mental health program activities and services, approximately 1 hour per week. Train Head Start Staff, approximately 1 hour per week. Observe children and consult with teacher and other staff, approximately 5 hours per week. Assist in providing special help for children with atypical behavior or development, approximately 10 hours per week Orient parents and work with them to achieve the objectives of the mental health program. Provide group and individual therapy, as well as develop parenting skills, approximately 18 hours per week. 950335 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, approximately 2 hours per week. Provide mental health related services to FENWC staff, approximately 3 hours per week. 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. 950335 1 10. Fees. Mental Health shall charge FENWC for services performed on an hourly basis, calculated at the rate of $17.12 per hour, for 40 hours per week, forty-nine weeks per year not to exceed a total cost of $33,533.00. 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. 950335 1 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: Weld Mental Health Center, Inc. Child and Family Support Program 1306 11 Avenue Greeley, CO 80631 ATTN: Dan Dailey And to FENWC at: Weld County Division of Human Resources Family Educational Network of Weld County PO Box 1805 Greeley, CO 80632 ATTN: Walter S. Speckman 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. 950535 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 WELD MENTAL HEALTH, INC. irman Dale K. Hall, C o8/ow/qs WELD COUNTY DIVISION OF HUMAN SERVICES ATTEST: By: WELD COUNTY CLERK TO THE BOARD J. Speckman, Executive Director Deputy Clerk to the Board-� ATTESTING TO BOARD OF COUNTY COMMISSIONER SIGNATURES ONLY Dale F. Peterson, MSW, MBA Executive Director 950375 mEmoRAnDum COLORADO To Dale K. Hall, Chairman March 6, 1995 Date Walter J. Speckman, Executive Director, Human Services From Purchase of Service Agreement between FENWC and Weld Mental Subject: Health Center Enclosed for Board approval is a Purchase of Service Agreement between the Family Educational Network of Weld County (FENWC) and Weld Mental Health Center. Weld Mental Health will provide the following services to eligible FENWC Head Start families and children. Assist in planning and administering bilingual mental health program activities and services. Train Head Start staff. Observe children and consult with teacher and other staff. Advise and assist in developmental screening and assessment. 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. 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. The scope of such services shall be guided by FEWNC. Mental Health services shall be provided to those children and families referred by FENWC. Fees - Mental Health shall charge FEWNC for services performed on an hourly basis, calculated at the rate of $17.12 per hour, for forty (40) hours per week, forty-nine (49) weeks per year, not to exceed a total cost of $33,533.00. If you have questions, please telephone Tere Keller-Amaya at 353-3800 extension 3342. 950335 Hello