HomeMy WebLinkAbout960824 RESOLUTION
RE: APPROVE PURCHASE OF SERVICE AGREEMENT BETWEEN FENWC AND WELD
MENTAL HEALTH AND AUTHORIZE CHAIR 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 Service Agreement 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 Services FENWC (Family
Educational Network of Weld County), and Weld Mental Health, commencing January 1, 1996, and
ending December 31, 1996, 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 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 Services FENWC (Family Educational Network of Weld County),
and Weld Mental Health 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 13th day of May, A.D., 1996, nunc pro tuns January 1, 1996.
BOARD OF COUNTY COMMISSIONERS
�� ��/�I I�/� y�� WELD& KirkmeyerJ
COUNTY, COLD DO
/V E I r/el (�, GGGG 7
i86' �� g"a t nt Clerk to the Board
i� p` ` Y
g (F;ft '0eorge.'Baxter, Pro-Tem
♦ . Deputy C to the Board FXCUSFII flATF OF SIfNINC; (AYF)
Dale K. Hall
AP OV D AS TO FORM: (/,-.--rl Acc/�i
Constance L. Harbert / J
ou y A orn it/ it /Ja'/,N ' ` rl
- W. H. t
960824
eC- ' ms. to/7N- ' HR0067
PURCHASE OF SERVICE AGREEMENT
RE
This Agreement made and entered into this /iy day of Apr-t,. 1996, 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, 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, through December, 31, 1996. 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 and Migrant Head Start eligible families,
children, and staff:
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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 parenting classes. Approximately 10 hours per week.
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.
See Attachment I for Migrant Head Start Specific services.
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 Suovlies. 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.
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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 $17.12 per hour, for forty (40) hours per
week, forty-nine (49) weeks per years, 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.
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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.
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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 Services
Family Educational Network of Weld County
PO Box 1805
Greeley, CO 80632
ATTN: Walter J. 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.
Fin
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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.
WELD COUNTY BOARD OF COMMISSIONERS WELD MENTAL HEALTH, INC.
Barbara J. Kirkmeyer, Chtairperson Dale . Peterson, MSW,MHA
05/0/4 6
WELD COUNTY DIVISION OF HUMAN SERVICES
'ter J. Speckman, Executive Director
• as
um � .�
•"l?d0 • „!j Y CLERK TO THE BOARD
VIP
Deputy Cl:e to the Board
ATTESTING TO BOARD OF COUNTY
COMMISSIONER SIGNATURES ONLY
960824
Attachment I
FENWC/WELD MENTAL HEALTH AGREEMENT
MIGRANT HEAD START
Weld Mental Health will provide the following mental health services to FENWC
Migrant Head Start eligible families and children,
Assist in planning and administering bilingual mental health program
activities and services for the migrant program. As needed
Train Migrant Head Start Staff. At pre-service & in-service, and as
needed.
Observe children and consult with center staff. Approximately 10 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 bilingual group and individual therapy as well as
develop parenting skills. Participate in the Parent Involvement Van
Activities. Approximately 10 hours per week.
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, time to be
determined based on referrals. As needed.
The fee schedule of $17.12 per hour will be consistent with the rate
aforementioned in the general contract. Mental Health will bill FENWC's Migrant
Head Start Program based upon the actual number of hours (hours may vary) of
service provided to the eligible migrant population, not to exceed 30 hours per
week.
960824
mEMORAnDUM
Board of County Commissioners
To Barbara J . Kirkmeyer, Chairpersorbaee May 6, 1946
COLORADO From Walter J . Soeckman, Executive Director, Human Services
subi«t Purchase of Service Agreement Between FENWC and Weld Mental Health
Enclosed for Board approval is a Purchase of Service Agreement between the Family
Educational Network of Weld County (FENWC) and Weld Mental Health Center (Mental
Health).
Weld Mental Health agrees to provide the following services to eligible FENWC Head Start
families, 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 parenting classes.
Approximately 10 hours per week.
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.
Mental Health shall charge FENWC 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 any questions, please telephone Tere Keller-Amaya at 353-3800, ext. 3342.
960824
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