HomeMy WebLinkAbout970843.tiffRESOLUTION
RE: APPROVE PURCHASE OF SERVICES AGREEMENT BETWEEN FENWC MIGRANT
HEAD START PROGRAM AND FAMILIES IN NEED OF DIRECTION, ROBERTA
SULLIVAN, 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 Services Agreement for
mental health services between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, on behalf of the Family Educational Network
of Weld County's (FENWC) Migrant Head Start Program, and Families In Need of Direction,
Roberta Sullivan, commencing May 9, 1997, and ending October 3, 1997, 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 services
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Family Educational Network of Weld County's
Migrant Head Start Program, and Families In Need of Direction, Roberta Sullivan, 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 5th day of May, A.D., 1997.
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APPRAS TO F. M:
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BOARD OF COUNTY COMMISSIONERS
WELD D UNTY, C RADO
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'GeorgeE. Baxter, Chair
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Dale K. Hall
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Barbara J. Kiirkkmeye
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970843
HR0068
PURCHASE OF SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this 2/ day of April, 1997, 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 Services'
Family Educational Network of Weld County's Migrant Head Start Program, hereinafter
referred to as "FENWC", and Families in Need of Direction, Roberta Sullivan, hereinafter
referred to as "F.I.N.D."
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, F.I.N.D. 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 F.I.N.D. FENWC hereby retains F.I.N.D. and F.I.N.D. hereby accepts
engagement by FENWC upon the terms and conditions hereinafter set forth.
2. Term. Subject to ovisio�ns c tamed herein, the term of the Agreement shall
commence on1997, 1997,1lit 3,1997. This Agreement shall be subject
to review and renewal by the parties annually.
3. Nature of Agreement. During the term of the Agreement, F.I.N.D. agrees to make its
services available to FENWC. The maximum number of hours of service per week will
be fifteen (15) hours per week as mutually agreed to by FENWC and F.I.N.D.
4. Scope of Work. F.I.N.D. 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.
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• 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.
• Advise in the utilization of other community resources and referrals.
• 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.
• 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. F.I.N.D. 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.
FENWC will provide names of Service Coordinators, center phone number and
locations to F.I.N.D. no later than June 23, 1997.
5. Scheduling of Engagements. F.I.N.D. shall schedule services so as to be rendered
during hours meeting the needs of FENWC and its clients. F.I.N.D. 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 F.I.N.D. with all facilities, equipment,
supplies, and the like, as are reasonably necessary in order for F.I.N.D. to perform its
obligations under the Agreement. Notwithstanding the foregoing, F.I.N.D. shall supply
small portable equipment as is usual for such services.
7. Nature of Relationship. The relationship between FENWC and F.I.N.D. 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 or 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
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to participate, by reason to this Agreement, in any employee benefits provided by
FENWC. FENWC is contracted to receive services only and is interested in the results
of F.I.N.D.'s efforts. F.I.N.D. 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 F.I.N.D. may
designate. The F.I.N.D. 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.
FENWC Service Coordinators at Grand Junction and Olathe Centers will provide
center schedule to F.I.N.D. no later than June 23, 1997.
9. Billing Information. Immediately following the provision of services, F.I.N.D. shall
provide to FENWC on a form that is acceptable to both parties, specific billing and
utilization information for the services rendered. F.I.N.D. shall make available to
FENWC all financial records relating to F.I.N.D.'s services at the request of FENWC.
F.I.N.D. shall submit to FENWC, an aggregate statement listing all charges to the
Family Educational Network of Weld County, P.O. box 1805, Greeley, Colorado 80632,
by the tenth of the month for services provided during the preceding month. FENWC
will make payment for said services within thirty (30) days of receipt of the bill from
F.I.N.D.
10. Fees. F.I.N.D. shall charge FENWC for services performed on an hourly basis,
calculated at the rate of $60.00 per hour, and $.27 per mile not to exceed $6,000.00.
Supplies, if necessary and authorized by FENWC, shall be payable at F.I.N.D.'s usual
and customary charge. Preparation of 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. In
addition, F.I.N.D. shall submit to FENWC the number of hours of interpreter usage on
a monthly basis to be reimbursed at a rate of $15.00 per hour, not exceed 15 hours per
week. Reimbursement will be made by FENWC within thirty (30) days of receipt of
the bill. Payment will be sent directly to the interpreter.
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11. Compensation. In consideration of the rehabilitation services provided by F.I.N.D.,
FENWC shall pay F.I.N.D. within thirty (30) days from receipt of F.I.N.D.'s aggregate
monthly statement.
12. Confidentiality. F.I.N.D. 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. F.I.N.D. 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 F.I.N.D. 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
F.I.N.D. 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 F.I.N.D. 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 or
omissions of FENWC or its employees, agents or representatives in its performance
under the terms of the Agreement.
14. Representations. F.I.N.D. 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
F.I.N.D. 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. F.I.N.D. will carry at its own expense professional liability
insurance coverage in the amounts equal to at least $1,000,000annual in aggregate.
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17. Termination. Either F.I.N.D. 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 any
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 F.I.N.D.
at:
Roberta Sullivan
FAMILIES IN NEED OF DIRECTION
228 Meeker Street
Delta, CO 81416
And to FENWC at:
Walter J. Speckman, Executive Director
Weld County Division of Human Services
Family Educational Network of Weld County
P.O. Box 1805
Greeley, CO 80632
21. Assignment. This Agreement is not assignable by FENWC without the express written
consent of F.I.N.D.
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
970843
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 one agreement.
IN WITNESS WHEREOF, the parties have hereunto caused this Agreement to be duly
executed as of the day and year first hereinabove set forth.
WELD COUNTY BOARD OF COMMISSIONERS FAMILIES IN NEED OF DIRECTION
7 CC( 4 14 dtalMIL
Georg E. Baxter, Chairperson o5/45/97 Roberta Sullivan, MS, LPC
OUNTY CLERK TO THE BOARD
Deputy Cle r to the Board
ATTESTING TO BOARD OF COUNTY
COMMISSIONER SIGNATURES ONLY
WELD COUN
HUMAN SERVICES
r J. Speckman, Executive Director
970843
interoffice
MEMORANDUM
to: Board of County Commissioners, George E. Baxter, Chairperson
from: Janet Flaugher
subject: Contract Bn FENWC and F.I.N.D.
date: April 30, 1997
Enclosed for Board Approval is the contract for services between the Family Educational
Network of Weld County's Migrant Head Start Program and Family's In Need of Direction.
F.I.N.D. is a mental health services provider.
This agreement is to provide FENWC with mental health services for the Migrant Head Start
Program in Grand Junction and Olathe, Colorado.
The term of this contract is from May 9, 1997 through October 3, 1997.
If you have any questions, please telephone Janet Flaugher at 353-3800, ext. 3340.
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