HomeMy WebLinkAbout20251653.tiffResolution
Approve Independent Contractor Agreement and HIPAA Business Associate
Agreement for Structured Mental Health Consultation Services, 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 a Independent Contractor Agreement and
HIPAA Business Associate Agreement for Structured Mental Health Consultation
Services 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 Public Health and
Environment, and North Range Behavioral Health, commencing June 16, 2025, with
further terms and conditions being as stated in said agreements, and
Whereas, after review, the Board deems it advisable to approve said agreements, copies
of which are attached hereto and incorporated herein by reference.
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that the Independent Contractor Agreement and HIPAA Business Associate
Agreement for Structured Mental Health Consultation Services 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 Public Health and Environment, and 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 agreements.
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 16th day of June, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppler: Aye
Kevin D. Ross: Aye
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
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o6/Iq/25
2025-1653
HL0058
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BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: PROFESSIONAL SERVICES AGREEEMNT WITH NORTH RANGE BEHAVIORAL
HEALTH FOR MENTAL HEALTH CONSULTING
DEPARTMENT: PUBLIC HEALTH AND ENVIRONMENT DATE: May 14, 2025
PERSON REQUESTING: JASON CHESSHER, EXECUTIVE DIRECTOR
SHAUN MAY, PHS DIVISION DIRECTOR
Brief description of the problem/issue:
Weld County Department of Public Health and Environment (WCDPHE) seeks approval to enter into a
Professional Services Agreement with North Range Behavioral Health (NRBH) to provide structured mental
health consultation for public health nursing and outreach staff. WCDPHE has utilized NRBH for these services
for several years and this contract simply formalizes the existing arrangement.
What options exist for the Board?
• Approve the Professional Services Agreement as presented.
• Decline to approve the Agreement.
• Request changes to the Agreement before approval.
Consequences: NRBH provides employee counseling for "compassion fatigue" related to specific
public health nursing responsibilities. Declining the contract will restrict employee access for this job
specific counseling.
Impacts: Access to trauma -informed, evidence -based reflective consultation provided by licensed
mental health professionals from NRBH provides a better working environment for hard to fill nursing
positions.
Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years):
Services are billed at $120/hour and funded through existing Public Health Services budgets.
Recommendation: I recommend approval to place this agreement with North Range Behavioral Health on a
future BOCC agenda for formal consideration.
SUAport Recommendation Schedule
Place on BOCC Aoenda Work Session Other/Comments:
Perry L. Buck
Scott K. James
Jason S. Maxey
Lynette Peppier
Kevin D. Ross
'370
•
2025-1653
N L0I�S�S
INDEPENDENT CONTRACTOR AGREEMENT
This Independent Contractor Agreement ("Agreement") is made this delay of June 2025, between
North Range Behavioral Health ("Contractor") Weld County Department of Public Health
and Environment - Public Health Services (PHS) collectively referred to as the "Parties".
RECITALS
PHS seeks to engage Contractor for the performance of certain tasks as described below
for the benefit of PHS. Contractor desires to enter into this Agreement and perform as an
independent contractor for PHS.
NOW, THEREFORE, in consideration of the above recitals and the mutual promises
and conditions contained in this Agreement, the Parties agree as follows:
TERM & TERMINATION
1. This Agreement shall be effective commencing the I kJ/ day of June 2025,
("Effective Date"). This contract will be for one year subject to yearly budget appropriations or
until all current funding up to a total of $3,000 is consumed. This contract will auto -renew on a
year to year basis subject to budget appropriations for like terms, unless either party provides 30 -
days' notice in writing to the other party requesting termination.
Contractor shall not cease providing services under this Agreement before the expiration of 21
days after Contractor has delivered written notice of termination to PHS.
Upon termination, PHS shall be obligated to pay Contractor all amounts earned by Contractor
within 30 days following the date of termination.
INDEPENDENT CONTRACTOR STATUS
2. This Agreement does not constitute a hiring by either party, nor shall the
relationship defined herein create any joint venture, partnership, or other relationship. It is the
parties' objective that Contractor serve as an independent contractor and not be an employee for
any purposes, including, but not limited to, the application of the Federal Insurance Contribution
Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal
Revenue Code relating to income tax withholding at the source of income, workers'
compensation insurance, 401(k) and other benefit payments and third -party liability claims.
Contractor shall not owe PHS any duty of exclusive loyalty or fiduciary duty. Contractor shall be
solely responsible for its acts and those of its agents and employees for all acts performed
pursuant to this agreement.
SCOPE OF WORK
3. Contractor agrees to provide mental health consultation billed at $120/hour. PHS
shall provide facilities for the consultation sessions. All notes, records, documents, and other
information regarding consultation services provided by Contractor shall be retained by
Contractor. PHS shall not have access to such information. Contractor shall comply with all
applicable statutes, laws, regulations, codes, and other authorities in the provision of
Contractor's services under this Agreement.
4. Contractor shall additionally perform any and all tasks and duties associated with
the Scope of Work set forth above. Contractor will not be discussing North Range Behavioral
Health clients as part of this consultation. If consultation regarding North Range Behavioral
Health clients is needed, PHS will need an official MOU or agreement with North Range
Behavioral Health. Upon request by PHS, if required by grant funding requirements, Contractor
agrees to provide with full compliance to the HIPPA Part 2 regulations, general aggregate data of
services rendered, not including personal identifying or personal health information.
COMPENSATION
6. Contractor shall be entitled to compensation, due and payable within 30
days following the conclusion of each month, determined as follows:
Contractor agrees to provide mental health consultation billed at $120/hour. Contractor
will bill $120/hour for mental health consultation services provided by Contractor via reflective
groups. The services provided under this agreement will be based on the agreed number of
groups, and any adjustments to the number of groups required or requested to fulfill the
services will be mutually agreed upon by both parties.
EXPENSES
7. Contractor shall not be entitled to reimbursement from PHS for any
expenses incurred by Contractor in furtherance of the provision of Contractor's services
under this Agreement.
NOTICE CONCERNING WITHHOLDING OF
TAXES
8. Contractor recognizes and understands that Contractor will receive an IRS 1099
statement and related tax statements and will be required to file corporate and/or individual
tax returns and to pay taxes in accordance with all provisions of applicable Federal and State
law_
AGREEMENT TO WAIVE RIGHTS TO BENEFITS
9. Contractor hereby waives and foregoes the right to receive any benefits given by
PH5 to its employees, including, but not limited to, health benefits, vacation and sick leave
benefits, and profit-sharing plans, such as 401(k) plans. This waiver is also applicable to all non -
salary benefits which might otherwise be found to accrue to the Contractor by virtue of
Contractors' services to PHS and is effective for the entire duration of Contractor's agreement
with PHS. This wavier is effective independent of Contractor's employment status as adjudged
for taxation purposes or for any other purpose.
NOTICES
10. Any notice to be given hereunder by any party to the other may be affected either
by personal delivery in writing, or by mail, registered or certified, postage pre -paid with return
receipt requested. Notice shall also be valid if by e-mail. Notices to the PHS shall be directed to
the PHS person responsible for overseeing this Agreement.
ATTORNEY'S FEES AND COSTS
11. If any action at law or in equity is necessary to enforce or interpret the terms of
this Agreement, each party shall be responsible for their own attorney's fees, costs and
necessary disbursements, incurred both before and after judgment, in addition to any other relief
to which such party may be entitled.
MEDIATION
12. Any controversy between the parties to this Agreement involving the construction
or application of any of the terms, provisions, or conditions of this Agreement, shall on written
request of either party served on the other, be submitted first to informal mediation.
INSURANCE & INDEMNIFICATION
13. Contractor shall maintain professional liability insurance in amounts not less than
$1,000,000/occurrence and $1,000,000/aggregate, as well as workers compensation insurance
pursuant to statutory requirements for its employees, and Contractor shall provide proof of
coverage to PHS by providing a Certificate of Insurance (ACCORD Form) evidencing the
required insurance coverages. Contractor's evidence of Insurance Coverage (COI) shall name
Weld County, PHS, employees, officials, agents as additional insureds. Contractor shall
indemnify, hold harmless, and insure PHS from any and all damages expenses or liability resulting
from or arising out of, any negligence or misconduct on Contractor's part, or from any breach or
default of this Agreement which is caused or occasioned by the acts of Contractor. Similarly, PHS
shall indemnify, hold harmless, to the extent permitted under Colorado law, and ensure the
Contractor from any and all damages expenses or liability resulting from or arising out of, any
negligence or misconduct on PHS's part, or from any breach or default of this Agreement which
is caused or occasioned by the acts of PHS.
ENTIRE AGREEMENT
14. This Agreement is an independent document and supersedes any and all
other Agreements, either oral or in writing, between the parties hereto.
REPRESENTATION
15. Each party of this Agreement acknowledges that no representations,
inducements, promises or agreements, orally or otherwise, have been made by any party hereto,
or anyone acting on behalf of any party hereto, which are not embodied herein, and that no
other agreement, statement or promise not contained in this Agreement shall be valid or
binding. Any modification of this Agreement shall be effective only if it is in writing, signed by
all parties hereto.
SEVERABILITY
16. If any provision of this Agreement is held by a Court of competent jurisdiction to
be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force
and effect without being impaired or invalidated in any way.
GOVERNING LAW & VENUE
17. This Agreement shall be governed by, and construed under, the laws of the State of
Colorado. Jurisdiction and venue for all purposes shall be in the County of Weld, State of
Colorado.
IN WITNESS WHEREOF, the parties hereto have executed this Independent Contractor
Agreement on the dates set forth below:
Contractor:
North Range Behavioral Health
B Y � Date: May 23, 2025
Kimberly Collins, Chief Executive Officer
Attest: ..4J 6: ;ti Board of County Commissioners
Weld County, Colorado
By:
Clerk to the Board
Deputy Clerk to the :4ard Perry . Buck, Chair
JUN 1 6 2025
Z oZ5-1053 -1
HIPAA Business Associate
Agreement
PHS acknowledges that it is a "Business Associate" of North Range Behavioral Health as
defined by the standards for Privacy of Individually Identifiable Health Information under
the Health Insurance Portability and Accountability Act of 1996 ("HIPAA").
In accordance with the terms set forth in this Business Associate Agreement, Weld County
Department of Public Health and Environment (PHS) and North Range Behavioral Health shall
use reasonable best efforts to protect the privacy of Protected Health Information .and in compliance
with HIPAAA, 42 CFR Part 2 and Colorado state requirements current or as may be amended from
time to time.
Confidentiality of Mental Health and Substance Use Disorder Services/Records
1. Each party hereby expressly agrees to comply with any rules, regulations, and policies
implementing HIPAA, 42 CFR Part 2 (the Federal Regulations protecting confidentiality of
Mental Health and Alcohol and Drug Abuse Patient Records) and State confidentiality
requirements whether now or hereafter existing as they relate to receiving, storing or exchange
of client information.Each party understands and agrees that all information and records
related to clients are privileged and confidential. To the extent provided by law, the parties
agree to keep confidential and not disclose patient identifiable information to any third party.
2. Each party understands and agrees to resist any efforts in judicial proceedings to obtain access
to the protected information.
Duty to Report
1. Weld County Department of Public Health and Environment; PHS will ensure that any of
its employees, agents, subcontractors, or other third parties with which Business Associate
does business are aware of and are bound to abide by Business Associate's obligations
under this Privacy Agreement.
2. Weld County Department of Public Health and Environment; PHS shall immediately
notify North Range Behavioral Health of any use or disclosure of Protected Health
Information.
Contractor:
North Range Behavioral Health
By:
Kimberly Collins, Chief Executive Officer
Attest: 41 W "
Clerk to the Board
By: /Wan akce
Deputy Clerk to the
and
Date: May 23, 2025
Board of County Commissioners
Weld County, Colorado
Perry l Buck, Chair
JUN 1 6 1025
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ct For
Entity Information
Entity Name* Entity ID*
NORTH RANGE BEHAVIORAL @00008661
HEALTH
Contract Name* Contract ID
PROFESSIONAL SERVICES AGREEMENT WITH NORTH 9558
RANGE BEHAVIORAL HEALTH FOR MENTAL HEALTH
CONSULTING Contract Lead*
BFRITZ
Contract Status
CTB REVIEW
Q New Entity?
Contract Lead Email
bfritz@weld.gov;Health-
Contracts@weld.gov
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description*
PROFESSIONAL SERVICES AGREEMENT WITH NORTH RANGE BEHAVIORAL HEALTH FOR MENTAL HEALTH
CONSULTING
Contract Description 2
Contract Type* Department
AGREEMENT HEALTH
Amount
$3,000.00
Renewable*
YES
Automatic Renewal
YES
Grant
IGA
Department Email
CM-Health@weld.gov
Department Head Email
CM-Health-
DeptHead@weld.gov
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WEL
D.GOV
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Requested BOCC Agenda Due Date
Date* 06/19/2025
06/23/2025
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be
included?
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts
are not in OnBase
Contract Dates
Effective Date
Termination Notice Period
Contact Information
Review Date*
04/01/2026
Committed Delivery Date
Renewal Date*
05/01/2026
Expiration Date
Contact Info
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head Finance Approver Legal Counsel
JASON CHESSHER CHERYL PATTELLI BYRON HOWELL
DH Approved Date Finance Approved Date Legal Counsel Approved Date
06/09/2025 06/10/2025 06/10/2025
Final Approval
BOCC Approved Tyler Ref #
AG 061625
BOCC Signed Date Originator
BFRITZ
BOCC Agenda Date
06/16/2025
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