HomeMy WebLinkAbout951116.tiff RESOLUTION
RE: APPROVE PURCHASE OF SERVICES AGREEMENT BETWEEN HUMAN SERVICES'
FENWC AND FAMILIES IN NEED OF DIRECTION 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 Families in Need of
Direction, commencing June 12, 1995, and ending August 18, 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 Families in Need of Direction 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 5th day of June, A.D., 1995.
BOARD OF COUNTY COMMISSIONERS
W COUNTY, C LORADO
ATTEST /42w
(�(((�� Dal K. Hall, Chairm n
Weld County Clerk Wthe Board /
BY: . (tA --,
Barbary J. Kirkmeyer, r -Tem Ov
Deputy Clerk'to.he.-Board (_ CL
�1 y—
George Baxter
APPROVED AS TO FORM:
tyyHarbert
Attorne Constance�. ) ) + `p
W. H. Webster
951116
H R0065
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PURCHASE OF SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this
and between the County of Weld, State of Colorado,7by and through he 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 provisions contained herein, the term of the Agreement
shall commence on May 20, 1995, through August 10, 1995. 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.
• Train Head Start Staff.
• Observe children and consult with teacher and other staff.
• Advise and assist in developmental screening and assessment.
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951116
• 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.
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 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
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951.116
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,
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 $40.00 per hour, and $.25 per mile not to
exceed $4,200.00. 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.
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
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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 $1,000,000
annual in aggregate.
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:
FAMILIES IN NEED OF DIRECTION
228 Meeker Street
Delta, CO 81416
ATTN: Roberta Sullivan
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95111.6
And to FENWC at:
Weld County Division of Human Services
Family Educational Network of Weld County
P.O. Box 1805
Greeley, CO 80632
ATTN: Walter J. Speckman
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 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
thud aidaii,4 . Aft-Looe
Dale K. Hall, eairr/�p/r/son ()�%5/95 Roberta Sullivan, MS, LPC
ATTEST:/V°� K�J /V �"(�G �' iCf
WELD COUNTi'CLEAL THE BOARD WELD COUNT DIVISION OF HUMAN SERVICES
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It
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By:
e C ` the Boa Wal r J. Speckman
�� Ex cutive Director
ATTES EN 1 140 BOARD OF COUNTY
COMMISSIONER SIGNATURES ONLY
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951118
MEMORAnDU
Board of CountyCommissioner
w s
Dale K. Hall, Chairperson June 2, 1995
To Date /
Walter J. Speckman, Executive Director, Human Services Y
COLORADO From
Contracts between FENWC and School District RE-1J,
Subject: Mayflower Transportation and F.I.N.D
Enclosed for Board approval are the contracts for services between the Family
Educational Network of Weld County's Migrant Head Start Program and 1) Montrose
County School District RE-1J, 2) Mayflower Contract Services, Inc. Transportation
Services, and 3) Families in Need of Direction Mental Health Services.
The agreements are to provide FENWC with classroom and playground facilities,
meals, transportation and mental health services for migrant children enrolled
in the Summer Migrant Head Start Programs at Olathe Elementary School in Olathe,
Colorado, and transportation and mental health services at Clifton Elementary
School in Grand Junction, Colorado.
The term of these contacts will be from June 12, 1995 through August 18, 1995.
If you have any questions, please call Janet Luna-Flaugher at 353-3800 ext. 3340.
951116 95111 951199
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