HomeMy WebLinkAbout20221263.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO SIGN -
DISCOVERY PRACTICE MANAGEMENT, INC.
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 Agreement for 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 Human Services, and Discovery Practice Management,
Inc., commencing April 15, 2022, and ending April 14, 2023, 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 Agreement for 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 Human Services, and Discovery Practice Management, Inc., 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 4th day of May, A.D., 2022, nunc pro tunc April 15, 2022.
BOARD OF COUNTY COMMISSIONERS
WELp COUNTY, COLORADO
ATTEST: dsetiivo
Weld County Clerk to the Board
County money
Date of signature: S /I I /% 2
Scott K. James, Chair
cc: t-ISD
5/i3 (22
2022-1263
HR0094
ankvaa 5-13
PRIVILEGED AND CONFIDENTIAL
MEMORANDUM
DATE: April 26, 2022
TO: Board of County Commissioners — Pass -Around
FR: Jamie Ulrich, Director, Human Services
RE: Service Agreement with Discovery Practice
Management, Inc.
Please review and indicate if you would like a work session prior to placing this item on the
Board's agenda.
Request Board Approval of the Department's Service Agreement with Discovery Practice
Management, Inc. The Department is requesting to enter into a Service Agreement for Behavioral
Health Services. This vendor is located in California and will provide child specific mental health
services as needed. The term of the agreement shall be from April 15, 2022 through April 14, 2023. The
services and rates are as follows:
Mental Health (MH)
Rate
Unit Type
Service Name
$728.00
Per Day
Partial Hospitalization Program (PHP)
$397.00
Per Day
Intensive Outpatient Program (IOP)
I do not recommend a Work Session. I recommend approval of this Agreement and authorize the Chair to
sign.
Approve
Recommendation
Perry L. Buck
Mike Freeman, Pro-Tem
Scott K. James, Chair
Steve Moreno
Lori Saine
f i (h'et1rla
Schedule
Work Session Other/Comments:
Pass -Around Memorandum; April 26, 2022 — CMS ID 5783
2022-1263
004 NKCCq4
WELD COUNTY AGREEMENT FOR SERVICES
BETWEEN WELD COUNTY
AND
DISCOVERY PRACTICE MANAGEMENT, INC.
-!fi
THIS AGREEMENT is made and entered into this � day of MA , 2022, by and between
the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County
Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County,"
and Discovery Practice Management, Inc., who whose address is 4281 Katella Avenue, Suite 111, Los
Alamitos, California 90720, hereinafter referred to as "Contractor".
WHEREAS, County desires to retain Contractor as an Independent Contractor to perform services as
more particularly set forth below; and
WHEREAS, Contractor has the ability, qualifications, and time available to timely perform the services,
and is willing to perform the services according to the terms of this Agreement.
WHEREAS, Contractor is authorized to do business in the State of California and has the time, skill,
expertise, and experience necessary to provide the services as set forth below;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the
parties hereto agree as follows:
1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibit
A, Scope of Services and Exhibit B, Rate Schedule, which forms an integral part of this Agreement. Exhibits A
and B are specifically incorporated herein by this reference.
2. Service or Work. Contractor agrees to provide the materials, equipment and/or products necessary for the
outlined Scope of Work and further agrees to diligently provide all services and labor, as set forth in Exhibits A
and B.
3. Term. The term of this Agreement shall be from April 15, 20221 through April 14, 2023, or Contractor's
completion of the responsibilities described in Exhibit A. This Agreement may be extended annually upon written
agreement of both parties.
4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days
written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach
of the terms of the Agreement.
5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed
by both parties. No additional services or work performed by Contractor shall be the basis for additional
compensation unless and until Contractor has obtained written authorization and acknowledgement by County
for such additional services.
6. Compensation/Contract Amount. County agrees to pay an amount no greater than $65,000.00 for the term
of this Agreement, as set forth in Paragraph 3. County agrees to pay Contractor through an invoice process during
the course of this Agreement in accordance with the Rate Schedule as described in Exhibit B. Contractor agrees
to submit invoices which detail the work completed by Contractor. The County will review each invoice and if
it agrees Contractor has completed the invoiced items to the County's satisfaction, it will remit payment to
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0201- /a64.3
Contractor.
Contractor agrees to work within the confines of the Scope of Services outlined in Exhibit A.
County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees
to be solely responsible for the accurate reporting and payment of any taxes related to payments made
pursuant to the terms of this Agreement.
7. Independent Contractor. Contractor agrees that it is an independent Contractor and that Contractor's
officers, agents or employees will not become employees of County, nor entitled to any employee benefits from
County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an
independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and employees
for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to
unemployment insurance or workers' compensation benefits through County and County shall not pay for
or otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment
insurance benefits will be available to Contractor and its employees and agents only if such coverage is
made available by Contractor or a third party. Contractor shall pay when due all applicable employment
taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement.
8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the
particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements
for the completion of this Project without County's prior written consent, which may be withheld in County's
sole discretion.
9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order
shall become or remain (as applicable), the property of County.
10. Confidentiality. Contractor agrees to keep confidential all of County's confidential information. Contractor
agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity
without seeking written permission from the County. Contractor agrees to advise its employees, agents, and
consultants, of the confidential and proprietary nature of this confidential information and of the restrictions
imposed by this agreement.
11. Warranty. Contractor warrants that the services performed under this Agreement will be performed in a
manner consistent with the standards governing such services and the provisions of this Agreement. Contractor
further represents and warrants that all services shall be performed by qualified personnel in a professional and
workmanlike manner, consistent with industry standards, and that all services will conform to applicable
specifications.
12. Acceptance of Services Not a Waiver. In no event shall any action by County hereunder constitute or be
construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part
of Contractor. Acceptance by the County of, or payment for, the services completed under this Agreement shall
not be construed as a waiver of any of the County's rights under this Agreement or under the law generally.
13. Insurance and Indemnification. Contractor shall procure at least the minimum amount of automobile
liability insurance required by the State of Colorado for the use of any personal vehicle. Proof of said automobile
liability insurance shall be provided to County prior to the performance of any services under this Agreement.
14. Professional Liability (Errors and Omissions Liability). The policy shall cover professional misconduct
or lack of ordinary skill for those positions defined in the Scope of Services of this contract. Contractor shall
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maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if
applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from
professional services. In the event that the professional liability insurance required by this Contract is written on
a claims -made basis, Contractor warrants that any retroactive date under the policy shall precede the effective
date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will
be exercised for a period of two (2) years beginning at the time work under this Contract is completed.
Minimum Limits:
Per Loss
Aggregate
$ 1,000,000
$ 2,000,000
15. Indemnity. The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and
employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising
out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising
or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any
statutes, ordinances, regulation, law or court decree.
16. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim
thereunder, without the prior written approval of County.
17. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to
deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause
beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or
Governmental actions.
18. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and
regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and
unfair employment practices.
19. Non -Exclusive Agreement. This Agreement is nonexclusive, and County may engage or use other
Contractors or persons to perform services of the same or similar nature.
20. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated
herein, contains the entire agreement between the parties with respect to the subject matter contained in this
Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements
with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented
only by a written instrument signed by both parties.
21. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent
upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this
Agreement by County does not create an obligation on the part of County to expend funds not otherwise
appropriated in each succeeding year.
22. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The
signatories to this Agreement state that to their knowledge, no employee of Weld County has any personal or
beneficial interest whatsoever in the service or property which is the subject matter of this Agreement.
23. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable
by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to
3
the extent that this Agreement is then capable of execution within the original intent of the parties.
24. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver,
express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado
Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended.
25. Force Majeure. Neither the Contractor nor the County shall be liable for any delay in, or failure of
performance of, any covenant or promise contained in this Agreement, nor shall any delay or failure constitute
default or give rise to any liability for damages if, and only to extent that, such delay or failure is caused by
"force majeure." As used in this Agreement, "force majeure" means acts of God, acts of the public enemy,
unusually severe weather, fires, floods, epidemics, quarantines, strikes, labor disputes and freight embargoes, to
the extent such events were not the result of, or were not aggravated by, the acts or omissions of the non-
performing or delayed party.
26. No Third -Party Beneficiary. It is expressly understood and agreed that the 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 in this Agreement shall give or allow any claim or right of action 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 an incidental
beneficiary only.
27. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it
has been approved by the Board of County Commissioners of Weld County, Colorado or its designee.
28. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be
applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or
incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void.
In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall
have exclusive jurisdiction to resolve said dispute.
29. Public Employment Retirement Program. Contractor is responsible for notifying Weld County of any
previous participation in the Colorado Public Employee Retirement Program. Contractor must notify Weld
county of the most recent employment for a PERA contributing employer.
30. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does
not knowingly employ or contract with an illegal alien who will perform work under this contract. Contractor
will confirm the employment eligibility of all employees who are newly hired for employment in the United States
to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado
program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not knowingly employ or contract
with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails
to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to
perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program
procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If
Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services
knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within
three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an
illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with
the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within
three days the subcontractor provides information to establish that the subcontractor has not knowingly employed
or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an
4
investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and
Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days
after hiring a new employee to perform work under the contract, affirm that Contractor has examined the legal
work status of such employee, retained file copies of the documents, and not altered or falsified the identification
documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has
examined the legal work status of such employee and shall comply with all of the other requirements of the State
of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-
101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for
actual and consequential damages.
Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives
federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18)
years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual
applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby
swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully
present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required
by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-
76.5-103 prior to the effective date of the contract.
31. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it
and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A
and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or
prior agreements, oral or written, and any other communications between the parties relating to the subject matter
of this Agreement.
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month,
and year first above written.
COUNTY:
ATTEST: -44e:r4444-) .Jejei BOAOF COUNTY COMMISSIONERS 144
ilerk to the B ►ard WE CO TY, COLORADO
BY:
Deputy C
K. James, Chair MAY 0 4 2022
NTRACTOR:
Discovery Practice Management, Inc.
4281 Katella Avenue, Suite 111
Los Alamitos, CA 90720
ICat/e 1aytett
By:Katie Barrett (Apr 21, 202210:29 PDT)
Katie Barrett, Insurance Contracting Specialist
Date: Apr 21, 2022
5
02PatA - /aG3
EXHIBIT A
SCOPE OF SERVICES
The Contractor's Mental Health program (MH) is designed to treat individual adolescents
and adults who suffer from a variety of mental health issues such as: depression, anxiety,
obsessive -compulsive disorder, attachment disorder, family conflict and behavioral issues.
The program is accredited by the Joint Commission. Patients must be medically stable as
determined by their outside physician within the last 30 days in order to be cleared for
admission into the treatment program. The average length of stay is typically 30-90 days.
Maximum length of stay varies and can be state and payer specific. A patient is deemed
appropriate for discharge when the treatment team determines the patient is able to sustain
treatment gains and maintain current stability and recovery in a lower level of care or with
an outpatient team that may consist of a physician, psychiatrist, dietitian and
psychotherapist. The Contractor's mental health residential facilities are open 24 hours
per day, 7 days a week. The Contractor's Mental Health Residential Treatment Center
(MHRTC) program provides an intermediate level of care between acute inpatient and
outpatient care. The treatment team at our facilities may consist of a psychiatrist, registered
dietitian, psychotherapist, registered nurses, Licensed Vocational Nurse (LVN), mental
health technicians, chefs/diet technicians and housekeepers. Each patient receives 2-
3x/weekly individual therapy sessions, 1-2x/weekly family therapy sessions, 1 x/weekly
consults by the psychiatrist, and registered dietitian, (when indicated). Additional treatment
components include multiple family groups, skills -based group therapy, therapist -led
process groups, fitness in therapy exercise and recreational activities and counseling,
experiential therapies, art and music therapy, continued care planning and discharge
planning. Patients work through a phase system and individualized treatment plan that
tracks and acknowledges their progress on a weekly basis. The program is designed to
promote increased independence and self -responsibility for their recovery. Minor -aged
patients continue their education on an independent study basis or by enrolling in an on-line
Charter School. Funding for treatment generally comes from private insurance or through
private pay.
The MH Outpatient Programs (OP) offer a Partial Hospitalization Program (PHP) and
Intensive Outpatient Program (IOP). Lengths of stay typically range from 30-90 treatment
days (or 8-16 weeks). Programs run Monday through Friday. PHP patients have 2 sessions
per week (generally 1 individual and 1 family) and a weekly psychiatric consultation.
PHP patients are expected to participate 5 days a week for 6 hours each day. IOP patients
are expected to participate 3-5 days per week, 3 hours each day. IOP patients have one
individual session per week (and individual session but family sessions may occur when
clinically indicated). The patient's primary diagnosis must be mental health and our
program works with secondary substance use disorder or eating disorder diagnoses.
6
EXHIBIT A
SCOPE OF SERVICES
Methods and Goals of the Treatment Program and Interventions
The Contractor's mental health program specializes in the treatment of patients who
suffer from a variety of mental health issues and diagnoses and who can benefit from a
traditional residential or outpatient psychological treatment program that is supported by
medical supervision. The purpose of the program is to therapeutically alter the belief
systems of our patients and their families, thereby creating the opportunity for dramatic and
enduring emotional and behavioral development and growth. The Contractor's approach to
treatment provides a focused, closely supervised therapeutic milieu in a residential or
outpatient (RTC and IOP) setting conducive to self-examination, increased dignity, and self-
respect.
Service Review and Approval
Upon patients entering a Contractor's MH program, the County will conduct a staffing every 14
days to determine treatment progress. Participants in the staffing will consist of the youth,
family, and treatment team. Based on treatment progress, recommendations for lower levels of
treatment intervention, discharge, and discharge dates may be determined.
7
EXHIBIT B
RATE SCHEDULE
1. Funding and Method of Payment
The Department agrees to reimburse the Contractor in consideration of the work and
services performed under this Agreement at the rate specific in Paragraph 2, below.
Expenses incurred by the Contractor prior to the term of this Agreement are not eligible
Department expenditures and shall not be reimbursed by the Department.
Payment pursuant to this Agreement, whether in whole or in part, is subject to and
contingent upon the continuing availability of said funds for the purposes hereof. In the
event that said funds, or any part thereof, become unavailable as determined by the
Department, the Department may immediately terminate the Agreement or amend it
accordingly.
2. Fees for Services
Mental Health (MH)
Rate
Unit
Type
Service Name
$728.00
Per Day
Partial Hospitalization Program (PHP)
$397.00
Per Day
Intensive Outpatient Program (IOP)
3. Submittal of Vouchers
Contractor shall prepare and submit monthly a Request for Reimbursement and monthly
report including other supporting documentation, if applicable, certifying that services
authorized were provided on the date(s) indicated and the charges were made pursuant to
the terms and conditions of Paragraph 3 of this Agreement.
Contractor shall submit all Requests for Reimbursement and supporting documentation to
the Department by the 7th day of the month following the month of service, but no later
than 45 days from the date of service. Requests for Reimbursement and/or supporting
documentation received after 45 days from the date of service may result in delay or
forfeiture of payment. Consistent failure to meet the 45 -day deadline may result in
termination of the Agreement.
8
Contract Form
New Contract Request
Entity Information
Entity Name* Entity ID*
DISCOVERY BEHAVIORAL HEALTH g00045436
SERVICES
❑ New Entity?
Contract Name* Contract Ir
DISCOVERY PRACTICE MANAGEMENT (SERVICE AGREEMENT 5783
FOR BEHAVIORAL HEALTH SERVICES)
Contract Status
CTB REVIEW
Contract Lead*
COBBXXLK
Contract Lead Email
cobbxxlkPco.weld.co.us
Parent Contract ID
Requires Board Approval
YES
Department Project it
Contract Description*
NEW SERVICE AGREEMENT FOR OUT OF STATE BEHAVIORAL HEALTH SERVICES - CHILD SPECIFIC, TERM DATE: APRIL 15,
2022 TO APRIL 14, 2023.
Contract Description 2
PA ROUTINING THROUGH NORMAL APPROVAL PROCESS. ETA TO CTB 4128,'22
Contract Type*
AGREEMENT
Amount*
365,000.00
Renewable*
NO
Automatic Renewal
Grant
ICA
Department Requested BOCC Agenda Due Date
HUMAN SERVICES Date* 05 07 2022
05 11 2022
Department Email
CM-
HumanServicesCavveldgov.co
m
Department Head Email
CM-HumanServices-
DeptHead weldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY ZAWELDG
OV.COM
If this is a renewal enter previous Contract ID
If this is part of a MSA enter !NSA Contract ID
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
Review Date*
02./14/2O23
Renewal Date
Termination Notice Period
Contact Information
Contact Info
Contact Name
Purchasing
Purchasing
Approval Process
Department Head
JAMIE ULRICH
DH Approved Date
04,26/2022
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
05(04f2022
Originator
COBBXXLK
Committed Delivery Date
Contact Type Contact Email
Finance Approver
CHERYL PA E I ELLt
Expiration Date"*
04,14;2023
Contact Phone 1
Purchasing Approved Date
Finance Approved Date
04,{26;"2022
Tyler Ref al'
AG 05042'2
Legal Counsel
CAITLIN PERRY
Contact Phone 2
Legal Counsel Approved Date
04!26/2022
Hello