HomeMy WebLinkAbout20111246 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 May 18, 2011, and ending December 31, 2011, 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 18th day of May, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD OUNTY ORADO
ATTEST: •
Ba bars Kiflimet , Chair
Weld County Clerk tot -B1861�
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1 � •� Sean P. Conw o-Tem
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Deputy Clerk to the Bo�`J//%1 �
Willi m F. Garcia
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David E. Lo�
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Date of signature: ',P.-WO
I_ II 2011-1246
HR0082
MEMORANDUM
1861 - 2011
DATE: May 16, 2011
W E L r O NT Y TO: Barbara Kirkmeyer, Chair, Board Count C mmissioners
uFR: Judy A Griego, Director, Hwn t rvtc
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 March 28, 2011, 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 May 16, 2011 through December 31, 2011 and will be evaluated at the
end of the contract for further use. The amount to be reimbursed by North Range shall not
exceed $14,666.25.
If you have any questions, please give me a call at extension 6510.
2011-1246
EMPLOYEE LEASE AGREEMENT
This Employee Lease Agreement ("Agreement") is entered into this 16th day of May
2011, 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.
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
$1,955.50 per month, Agreement total not to exceed $14,666.25 during the initial 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.
10. Billing. Weld County shall issue an invoice on the first day of the month to North Range
for the amount due for the previous month. North Range agrees to pay such invoice in
full within ten (10) calendar days of the date of the invoice.
11. 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.
12. 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.
13. 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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14. 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.
15. 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.
16. Employee subject 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, evaluation of the Employee's performance at North Range to incorporate
into Weld County's periodic performance evaluations of the Employee.
17. 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.
18. 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.
19. Periodic Meeting . 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.
20. North Range Board Members. North Range shall maintain, at its own expense, insurance
for North Range Board Members.
21. Compliance with HIPAA. Each party hereby expressly agrees to comply with any rules,
regulations and policies implementing HIPAA 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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22. 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.
23. Term. The initial term of this Agreement shall be from the date this Agreement has been
signed by all parties, through December 31, 2011. This Agreement shall then
automatically renew from year to year unless sooner terminated as hereinafter provided.
24. 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.
25. 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.
26. 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.
27. 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
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North Range employee while performing services for or under the auspices of North
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.
28. 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.
29. 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. 17th Avenue
Greeley, CO 80631
If to Weld County: Judy A. Griego, Director
P.O. Box A
Greeley, CO 80632
970-352-1551
30. 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.
31. Amendment. This Agreement may not be amended or modified except by a written
instrument executed by all parties to this Agreement.
32. 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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33. 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.
34. 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.
35. 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.
36. Assignment. This Agreement may not be assigned without first obtaining the consent of
the non-assigning party.
37. 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.
38. Required Approval. This Agreement shall not be deemed valid until it shall have been
approved by any and all necessary and required entities.
39. 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.
40. 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
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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 seals the date
above written.
NORTH RANGE BEHAVIORAL HEALTH
By: XX
Larry D. Potto ff
Executive Dir r
BOARD OF COUNTY COMMISSIONERS
FOR THE COUNTY OF WELD,
STAT OF COLORAD
ATTEST: 7,-"Ca-7-14,-----
By- ..-
Barbara Kirk eyer, Ch it Byi' JG�� � ��
Deputy lerk to the Board
MAY 1 3 2011 +.`
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EXHIBIT A
JOB DUTIES
Employee will provide individual and group counseling, assessments, case management,
and continued charting of client progress, with therapeutic emphasis. Job requirements and
duties are as follows:
MINIMUM JOB REQUIREMENTS:
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 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.
JOB DUTIES:
1. 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 DBH 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
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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 Protection Manager
For North Range: Jacki Kennedy, Deputy Director
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