HomeMy WebLinkAbout20120322.tiff RESOLUTION
RE: APPROVE EMPLOYEE LEASE AGREEMENT AND AUTHORIZE CHAIR TO SIGN -
NORTH RANGE BEHAVIORAL HEALTH
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 an Employee Lease Agreement
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, and North
Range Behavioral Health, commencing January 1, 2012, and ending December 31, 2012, 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 Employee Lease Agreement 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, and the North Range Behavioral 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 1st day of February, A.D., 2011, nunc pro tunc January 1, 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: 1 EXCUSED
"4 �-� Sean P. Co Chair
Weld County Clerk to the Board
E 1La ibin . Gar • Pro-Tern,,'
BY:. .+zi�
Deputy t0erk to the Boat` it '5 •�, �� a Kir& % / `- j`—
Al 7D ,ti • ORM: �
�� David E. Long
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Date of signature: a--tirid-
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HR0083
MEMORANDUM
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DATE: January 30, 2012, 2011
TO: Sean Conway, Chair, Board of County C mi ioners
V2_COUNTYI &C.
FR: Judy A. Griego, Director, Hu Serves
RE: Employee Lease Agreement between the Weld County
Department of Human Services and North Range
Behavioral Health
Enclosed for Board approval is an Employee Lease Agreement between the Department and
North Range Behavioral Health. This Agreement was reviewed under the Board's Pass-Around
Memorandum dated January 5, 2012, and approved for placement on the Board's Agenda.
This employee position is for the Substance Abuse Professional who is currently employed full-
time by the Department. This agreement would allow a 60/40 split of the employee's time and
salary. This position would be 60% at the Department and 40% at North Range.
The employee currently completes drug and alcohol evaluations, holds some groups and does
training for caseworkers on a weekly basis as well as provides utilization for all substance abuse
providers. This position would continue to provide all of these tasks for the Department and
other duties as assigned, however, would also be going to North Range to complete similar tasks
which will in turn assist with the ability to have Medicaid reimbursement through North Range
for those clients who will qualify.
This agreement is from January 1, 2012 through December 31, 2012 and will be evaluated at the
end of the contract for further use. The amount to be reimbursed by North Range shall not
exceed $25,000.
If you have any questions, please give me a call at extension 6510.
2012-0322
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EMPLOYEE LEASE AGREEMENT
This Employee Lease Agreement ("Agreement") is entered into this 1st day of January
2012, by and between the Board of County Commissioners for Weld County, Colorado, on
behalf of the Weld County Department of Human Services ("Weld County") and North Range
Behavioral Health ("North Range"), a nonprofit corporation
RECITALS
WHEREAS, Weld County has employees that provide certain personnel services, and
North Range desires to purchase a portion of an FTE for certain personnel services ("Employee")
from Weld County; and
WHEREAS, Weld County is willing to provide such personnel services according to the
terms and conditions set forth herein.
NOW THEREFORE, in consideration of the mutual promises and conditions contained
herein, and for other consideration the sufficiency and receipt of which is hereby acknowledged,
the parties agree as follows:
1. Engagement. North Range requires assignment of approximately half of a Weld County
Employee's time to work at North Range to perform the job duties as set forth on Exhibit
A, attached hereto and incorporated herein.
2. Employment. The Employee shall be an employee of Weld County. As such, the
Employee will be subject to the policies, rules, regulations, directives and orders of
Weld County. The Employee will be subject to the supervision of Weld County
Department of Human Services ("WCDHS"), and shall work the same scheduled hours
as the WCDHS employees.
3. Standards. The Employee shall provide all services to Weld County and to North Range
pursuant to this Agreement in accordance with applicable state and federal law and any
performance standards established by Weld County and North Range. North Range
shall provide the information to Employee that is necessary to facilitate performance of
its obligations to North Range under this Agreement. If the Employee is required to be
licensed or to act under the supervision of a licensed person or entity during job duties
performed by the Employee for North Range, North Range shall be solely responsible
for verifying such licensure or providing such required supervision.
4. Workplace. North Range will provide a confidential workplace and access to internet,
phone, and office supplies, as may be required for Employee to adequately perform the
job duties required by North Range. If Employee is required, in the course of the
Employee's duties, to deal with confidential information, cash, or any high value item,
North Range will institute procedures to safeguard such items. It shall be the sole
responsibility of North Range to protect such valuables.
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5. Qualifications and Selection. The Employee will be selected by Weld County in
accordance with Weld County Human Resources qualifications. Weld County will
verify skills and references with respect to the employment of the Employee subject to
this Agreement. An experienced Employee will be initially placed, with the option of
replacing the Employee with a fully trained new Employee at a later date.
6. Employee Costs. Weld County shall be responsible for direct payment to Employee of
all costs associated with Employee, including, but not limited to, salary, benefits,
employment taxes, and insurance.
7. Compliance with Laws and Record Maintenance. Weld County shall also be
responsible for compliance with all laws concerning employee benefits and compliance
with Immigration Reform and Control Act of 1986. In addition, Weld County shall be
responsible for completion, reporting, and maintenance of payroll and benefit records,
and Weld County will be the W-2 Employer for purposes of record keeping.
8. Compliance with FLSA. Each party agrees to maintain records of actual time worked
by the Employee during each pay period. Each Party agrees to comply with the Fair
Labor Standards Act ("FLSA").
9. Reimbursement of Costs. North Range shall reimburse Weld County in the amount of
the Employee's hourly rate of$28.77 plus benefits. The Agreement total shall not
exceed $25,000.00 during the term of this Agreement, provided North Range does not
require the Employee to work any hours over the amount of work hours allotted to
North Range each week. Employee will be required to complete a timesheet. NRBH
will calculate the amount payable to Weld County based on the hours worked x hourly
contract rate including benefits and issue a check to Weld County with a copy of the
timesheet.
10. No Other Compensation. North Range agrees not to pay any wages or salaries or other
forms of direct or indirect compensation, including employee benefits, to Employee at
any time. North Range does acknowledge, however, that if North Range requires or
permits Employee to work hours in excess of the allotted number of hours to North
Range, that North Range will be billed for, and agrees to pay, for the excess number of
hours worked at the rate required by the FLSA.
11. Worker's Compensation Insurance. Each Party will furnish and keep in force and effect
during the term of this Agreement workers' compensation insurance as may be required
by law and as may concern the Employee. Upon written request, each party shall
furnish a Certificate of Insurance verifying coverage for workers' compensation.
12. Liability Insurance. Weld County and North Range shall exchange evidence of
insurance showing general liability coverage in the minimum amount as set forth in the
Colorado Governmental Immunity Act.
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13. Contact Persons. The Contact Person for North Range and the Contact Person for
Weld County are each set forth on Exhibit B, attached hereto and incorporated herein.
The designated Contact Person for each party may be changed from time to time so long
as Notice of such change is provided to the other party, following the procedure for
Notices as set forth in this Agreement. Unless a formal Notice is required as set forth in
paragraph 29, any requirement of communication between the parties shall be satisfied
if such communication is provided to the other party's Contact Person.
14. Supervision of Employee. North Range will be responsible for all direct supervision
and direction of Employee during the time the Employee works at the North Range
facilities. North Range shall communicate with Weld County concerning any problems
that might arise due to the Employee's performance at North Range, and provide a
written report to the supervisor at Weld County who is in charge of supervising the
Employee.
15. Employee Subiect to Weld County's Policies. The Employee shall be subject to the
authority, policies and regulations of North Range while work is performed at North
Range facilities, but the Employee shall also adhere to the rules, regulations,
procedures, and standards of Weld County at all times. Weld County may request, and
North Range may provide, valuation of the Employee's performance at North Range to
incorporate into Weld County's periodic performance evaluations of the Employee.
16. Reporting Incidents. North Range shall timely notify Weld County when the Employee
has been involved in a reported incident. Weld County shall have the opportunity to
participate in any ongoing investigation and shall have access to any oral or written
reports or any other documentation related to the reported incident. North Range and
Weld County shall cooperate in any investigation of a potentially liability-inducing
incident.
17. Employee Records. Weld County shall keep and maintain all records concerning
employment of Employee. No employment records concerning Employee's
performance, salary, benefits, claims, or any other records concerning Employee's
employment whatsoever shall be kept or maintained by North Range.
18. Periodic Meetings. During the term of this Agreement, arrangements shall be made for
periodic meetings between the Contact Persons of North Range and Weld County to
promote understanding of and adjustments to any operation or activity involved herein.
19. North Range Board Members. North Range shall maintain, at its own expense,
insurance for North Range Board Members.
20. Compliance with HIPAA. Each party hereby expressly agrees to comply with any rules,
regulations and policies implementing HIP AA requirements whether now or hereafter
existing. The parties agree to execute Business Associates Agreements as may be
determined to be necessary.
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21. Compliance with ADA. Each party hereby expressly agrees to comply with any rules,
regulations and policies implementing the Americans with Disabilities Act requirements
whether now or hereafter existing.
22. Term. The term of this Agreement shall be from January 1, 2012 through December 31,
2012.
23. Termination. Either party may terminate this Agreement upon giving the other party
thirty (30) days prior written notice. In the event of termination,North Range shall
promptly provide to Weld County all information necessary for payment of any
outstanding compensation. Neither party shall have any further obligations after the
effective date of termination, except for such obligations that (i) accrued prior to the
effective date of termination, or(ii) are expressly stated herein to extend beyond the
effective date of termination.
24. Default. Except in situations when termination is the appropriate action pursuant to
paragraph 24, each party shall promptly notify the other party of actions that have
caused, in the notifying party's opinion, a default or breach of any term or provision of
this Agreement. If such default or breach is not cured within 30 days after the delivery
of such notice, the notifying party may, at its election, declare this Agreement
terminated, or proceed to seek any remedies to which it may be entitled under the law,
or both.
Any waiver by either party of any term or provision of this Agreement at any one time
shall not constitute a waiver of any other or all provisions. Any waiver of any part or
provision of this Agreement at any one time shall not constitute a waiver for all times.
25. Parties' Relationship. The parties to this Agreement intend that the relationship between
them contemplated by this Agreement is that of independent entities working in mutual
cooperation. North Range employees or agents are not to be considered Weld County
employees for any purpose and said persons may not hold themselves out as employees
or agents of Weld County or otherwise make any representation or commitment on
behalf of Weld County. With the limited exceptions as stated in this Agreement, Weld
County employees or agents are not to be considered employees of North Range for any
purpose and said employees may not hold themselves out as employees or agents of
North Range or otherwise make any representations or commitments on behalf of North
Range. Except for the payments as stated in this Agreement, neither party shall be in
any way required to provide any pecuniary benefits, salaries, wages or fringe benefits to
employees of the other party.
26. Indemnification. North Range shall indemnify and hold Weld County harmless from all
claims, actions, penalties, liabilities, damages, or expenses, including reasonable
attorney's fees and other costs of defense or settlement, legal or equitable, made against
or suffered by Weld County arising out of or related to the action or omission of any
North Range employee while performing services for or under the auspices of North
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Range, or arising out of or assumed by North Range under this Agreement or North
Range's failure or alleged failure to perform such duties.
The indemnities and assumptions of liabilities and obligations herein provided for shall
continue in full force and effect notwithstanding the expiration or termination of this
Agreement. Notwithstanding any provision in this Agreement to the contrary, however,
neither party waives any immunities to which they are entitled pursuant to law.
27. Confidentiality. Subject only to statutory exceptions applicable to criminal
investigations and proceedings, the parties shall, during and after the term of this
Agreement, keep confidential all information relating to this Agreement and shall utilize
their best efforts to prevent and protect such information from unauthorized disclosure
by their employees and agents. The parties shall further not use or allow their agents or
employees to use any information to the competitive disadvantage of or in any way
which is detrimental to either party.
28. Notices. All notices and other communications required or permitted under this
Agreement shall be given in writing and shall be delivered in person or sent by
registered or certified mail, postage prepaid, return receipt requested, as follows:
If to North Range: Larry D. Pottorff
Executive Director
North Range Behavioral Health
1300 N. I ih Avenue
Greeley, CO 80631
If to Weld County: Judy A. Griego
Director
Weld County Department of Human Services
315 N. 11th Avenue
Greeley, CO 80631
29. Entire Agreement. This Agreement constitutes the entire understanding and agreement
between the parties with respect to its subject matter and supersedes all prior agreements
or understandings, whether written or unwritten, with respect to the same subject matter.
30. Amendment. This Agreement may not be amended or modified except by a written
instrument executed by all parties to this Agreement.
31. Heading and Counterparts. The headings contained in this Agreement are inserted
solely for the ease of reference and shall not in any way affect the meaning or
interpretation of this Agreement. This document may be executed in two or more
counterparts, each of which may be deemed an original. This Agreement will take effect
when a single original or counterpart copies are executed by each party.
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32. Applicable Law. This Agreement shall be controlled, construed, and enforced in
accordance with the laws of the State of Colorado and the rules and regulations issued
pursuant thereto. Any provision of this Agreement whether or not incorporated herein
by reference which provides for arbitration by any extra judicial body or person or
which is otherwise in conflict with said laws, rules and regulations shall be considered
null and void. Nothing contained in any provision incorporated herein by reference
which purports to negate this or any other special provision in whole or in part shall be
valid or enforceable or available in any action at law whether by way of complaint,
defense or otherwise.
It is further agreed by both parties that any causes of action arising out of this
Agreement shall be venued in the courts of Weld County, Colorado, to the extent that
those courts are reposed with subject matter jurisdiction. Both parties agree to submit
themselves to the personal jurisdiction of those courts.
33. Severability. It is the intention of the parties that the provisions of this Agreement shall
be enforced to the full extent permissible under the laws and public policies applicable
to this Agreement. If any provision of this Agreement is held to be unenforceable for
any reason, this Agreement shall be construed and enforced without such a provision, to
the extent this Agreement is capable of execution within the original intent of the
parties.
34. Further Assurances. The parties shall, upon request, execute, deliver and/or furnish all
such documents and instruments, and do or cause to be done all such acts and things as
may be reasonable to effectuate the purpose and intent of this Agreement.
35. Assignment. This Agreement may not be assigned without first obtaining the consent of
the non-assigning party.
36. Compliance with Public Office Laws. The signatories hereto agree that they are
familiar with Section 18-8-301 C.R.S., et.seq., (Bribery and Corrupt Influence) and
Section 18-8-401 C.R.S., et.seq. (Abuse of Public Office), as amended, and that no
violation of such provisions is present. The signatories hereto state that to the best of
their knowledge, no State employee has any personal or beneficial interest whatsoever
in the service or property described herein.
37. Required Approval. This Agreement shall not be deemed valid until it shall have been
approved by any and all necessary and required entities.
38. Budget Constraints. Nothing in this Agreement shall be construed to require the Board
of County Commissioners for Weld County to provide funding not already budgeted for
the applicable fiscal year.
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39. No Third Party Beneficiary Enforcement. It is expressly understood and agreed that
enforcement of the terms and conditions of this Agreement, and all rights of action
relating to such enforcement, shall be strictly reserved to the undersigned parties, and
nothing contained in this Agreement shall give or allow any claim or right of claim
whatsoever by any other person not included in this Agreement. It is the express
intention of the undersigned parties that any entity, other than the undersigned parties,
receiving services or benefits under this Agreement shall be deemed an incidental
beneficiary only.
IN WITNESS WHEREOF, the parties have hereunto set their hand and seal the date
above written.
NORTH RANGE BEHAVIORAL HEALTH
By: ,
arry D. 'o torff
Executive Director
BOARD OF COUNTY COMMISSIONERS
FOR THE COUNTY OF WELD,
STATE OF CO . RADO
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ATTEST: S ��
By: (7 " / ,>
,
William F. Garcia Chair Pro—Tem By: /
FEB 012012 Deputy Board
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EXHIBIT A
SCOPE OF SERVICES
A. Types of Services to be Provided
The counselor is responsible for providing individual and group counseling,
assessments, case management and continued charting of clients' progress, with
therapeutic emphasis. Job duties will include:
I. Screening, Intakes, and Assessment of clients with required instruments in required
format within appropriate time lines
2. Facilitate Counseling Groups as assigned
3. Individual counseling as assigned
4. Develop written treatment plans/updates and continuing care plans and make
appropriate referrals
5. Crisis intervention with clients
6. On-call duties as required
7. Monitoring Breathalyzers and medication as necessary
8. Clinical Case management as indicated
9. Charting in accordance with ADAD regulations and Signal procedures.
10. Complete written discharge summaries and correspondence within established time
lines
11. Attend staff meetings/clinical supervision and other required meetings as assigned
12. Facilitate family counseling as appropriate
13. Other duties as assigned by the Program Director and/or Administrative Director
B. Service Time Frames
The employee position will be a 60/40 split of the employee's time and salary. This
position would be 60% at the Department and 40% at North Range.
C. Qualifications
The minimum qualifications for this position are as follows:
1. BA and CAC III or MA with two years' experience at date of hire
2. Valid Colorado Driver's License and clean driving record
3. Good communication skills, both oral and written
4. Strong inter-personal skills required. Ability to work effectively with a variety of
individuals in a positive, supportive, cooperative manner.
5. Knowledge and understanding of addiction and recovery process.
6. Employee is bound by Federal Confidentiality Laws and Regulations; the Colorado
Department of Human Services, Standards of Practice for Alcohol and Drug
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Counselors; and any rules, regulations and policies implementing HIPAA
requirements whether now or hereafter existing.
7. One year free from alcohol or drug abuse and from any illicit drug activity.
8. Adheres to Employee Conduct/Ethical Standards
9. The employee must have successfully completed a Colorado Bureau of
Investigation background check, Child Abuse Registry background check, and UA
drug screen. Employment is contingent upon passing CBI and Child Abuse
Registry background checks, and UA drug screening.
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EXHIBIT B
CONTACT PERSONS
For the purpose of this Agreement, the individuals identified below are hereby designated
representatives (Contact Persons in accordance with paragraph 14) of the respective parties.
Either Contact Person may from time to time designate in writing a new or substitute
representative(s):
For Weld County: Heather Walker, Child Welfare Administrator
For North Range: Jacki Kennedy, Deputy Director
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