HomeMy WebLinkAbout20220164.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR PROFESSIONAL SERVICES FOR MENTAL
WELLNESS PROGRAM SERVICES AND AUTHORIZE CHAIR TO SIGN - IOME, LLC
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 Professional Services
for Mental Wellness Program 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 Resources, and IOME, LLC, commencing January 1, 2022, and ending December 31,
2022, 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 Professional Services for Mental Wellness
Program 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 Resources, and
IOME, LLC, 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 12th day of January, A.D., 2022, nunc pro tunc January 1, 2022.
BOARD OF COUNTY COMMISSIONERS
WE COUNTY, COLORADO
ATTEST: ��d J •X1to%
c t K. James, Chair
Weld County Clerk to the Board r, .—
man. Pro -
Deputy Clerk to the Boa
rryL.
APP VED S
ve More
County Attorney
Lori Saine
Date of signature: /
C H R(M 1xt-)AD(rzR) 2022-0164
PE0033
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: IOME Mental Health Contract for 2022
DEPARTMENT: Human Resouces DATE: 1/10/2022
PERSON REQUESTING: Ryan Rose/Michelle Raimer
Brief description of the problem/issue:
As discussed in the 2022 budget process, we are continuing with our agreement with IOME to
provide mental health services for the county. We have used. IOME since the start of the COVID-19
pandemic and they have proven to be a valuable and available resource to county employees. The
agreement allows TOME to continue with the services they have been providing for the past 12
month.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
1. Approve the agreement with IOME for 2022 mental health services for county employees.
2. Not approve.
Recommendation:
Approve the professional service agreement with TOME and continue with the services being
provided. The agreement has been reviewed by the county attorneys office.
Schedule
Work Session Other/Comments:
Perry L. Buck
Mike Freeman, Pro -Tern
Scott K. James, Chair
Steve Moreno
Lori Saine
2022-0164
01 /IZ
PROFESSIONAL SERVICE AGREEMENT BETWEEN WELD COUNTY AND IOME, LLC
THIS AGREEMENT is made and entered into this 12th day of January, 2022, by and
between the Board of Weld County Commissioners, on behalf of Human Resources, hereinafter
referred to as "County", and IOME, LLC, hereinafter referred to as "Contractor".
WHEREAS, County desires to retain Contractor to perform services as required by County
and set forth in the attached Exhibits; and
WHEREAS, Contractor is willing and has the specific ability, qualifications, and time to
perform the required services according to the terms of this Agreement; and
WHEREAS, Contractor is authorized to do business in the State of Colorado 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 the attached Exhibits, each of which forms an integral part of this Agreement
and are incorporated herein. The parties each acknowledge and agree that this Agreement,
including the attached Exhibits, define the performance obligations of Contractor and
Contractor's willingness and ability to meet those requirements (the "Work"). If a conflict occurs
between this Agreement and any Exhibit or other attached document, the terms of this
Agreement shall control, and the remaining order of precedence shall based upon order of
attachment.
Exhibit A consists of the scope of work for the services provided
Exhibit B consists of budget/costs of services provided
2. Service or Work. Contractor agrees to procure the materials, equipment and/or
products necessary for the Work and agrees to diligently provide all services, labor, personnel
and materials necessary to perform and complete the Work described in the attached Exhibits.
Contractor shall further be responsible for the timely completion and acknowledges that a failure
to comply with the standards and requirements of Work within the time limits prescribed by
County may result in County's decision to withhold payment or to terminate this Agreement.
3. Term. The term of this Agreement begins January 1, 2022 and shall continue through
December 31, 2022. Both of the parties to this Agreement understand and agree that the laws of
the State of Colorado prohibit County from entering into Agreements which bind County for
periods longer than one year. This Agreement may be extended upon mutual written agreement
of the Parties.
4. Termination; Breach; Cure. County may terminate this Agreement for its own
convenience upon thirty (30) days written notice to Contractor. Either Party may immediately
terminate this Agreement upon material breach of the other party, however the breaching party
shall have fifteen (15) days after receiving such notice to cure such breach. Upon termination,
County shall take possession of all materials, equipment, tools and facilities owned by County
which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver
to County all drawings, drafts, or other documents it has completed or partially completed under
this Agreement, together with all other items, materials and documents which have been paid
for by County, and these items, materials and documents shall be the property of County. Copies
of work product that is incomplete at the time of termination shall be marked "DRAFT -
INCOMPLETE." If this Agreement is terminated by County, Contractor shall be compensated for,
and such compensation shall be limited to, (1) the sum of the amounts contained in invoices
which it has submitted and which have been approved by the County; (2) the reasonable value
to County of the services which Contractor provided prior to the date of the termination notice,
but which had not yet been approved for payment; and (3) the cost of any work which the County
approves in writing which it determines is needed to accomplish an orderly termination of the
work. County shall be entitled to the use of all material generated pursuant to this Agreement
upon termination. Upon termination of this Agreement by County, Contractor shall have no claim
of any kind whatsoever against the County by reason of such termination or by reason of any act
incidental thereto, except for compensation for work satisfactorily performed and/or materials
described herein properly delivered.
5. Extension or Amendment. 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. Accordingly, no
claim that the County has been unjustly enriched by any additional services, whether or not there
is in fact any such unjust enrichment, shall be the basis of any increase in the compensation
payable hereunder. In the event that written authorization and acknowledgment by the County
for such additional services is not timely executed and issued in strict accordance with this
Agreement, Contractor's rights with respect to such additional services shall be deemed waived
and such failure shall result in non-payment for such additional services or work performed. In
the event the County shall require changes in the scope, character, or complexity of the work to
be performed, and said changes cause an increase or decrease in the time required or the costs
to the Contractor for performance, an equitable adjustment in fees and completion time shall be
negotiated between the parties and this Agreement shall be modified accordingly by Change
Order. Any claims by the Contractor for adjustment hereunder must be made in writing prior to
performance of any work covered in the anticipated Change Order, unless approved and
documented otherwise by the County Representative. Any change in work made without such
prior Change Order shall be deemed covered in the compensation and time provisions of this
Agreement, unless approved and documented otherwise by the County Representative.
6. Compensation. Upon Contractor's successful completion of the Work, and
County's acceptance of the same, County agrees to pay Contractor an amount not to exceed
$181,000 as set forth in the Exhibits. No payment in excess of that set forth in the Exhibits will be
made by County unless amendment authorizing such additional payment has been specifically
approved by Weld County as required pursuant to the Weld County Code. If, at any time during
the term or after termination or expiration of this Agreement, County reasonably determines
that any payment made by County to Contractor was improper because the service for which
payment was made did not perform as set forth in this Agreement, then upon written notice of
such determination and request for reimbursement from County, Contractor shall forthwith
return such payment(s) to County. Upon termination or expiration of this Agreement,
unexpended funds advanced by County, if any, shall forthwith be returned to County. 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. Unless expressly enumerated in the attached
Exhibits, Contractor shall not be entitled to be paid for any other expenses (e.g. mileage).
Notwithstanding anything to the contrary contained in this Agreement, County shall have no
obligations under this Agreement after, nor shall any payments be made to Contractor in respect
of any period after December 31 of any year, without an appropriation therefore by County in
accordance with a budget adopted by the Board of County Commissioners in compliance with
Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S.
29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20).
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 (including unemployment insurance or workers' compensation
benefits) from County as a result of the execution of this Agreement. Contractor shall be solely
responsible for its acts and those of its agents and employees for all acts performed 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 the Work without
County's prior written consent, which may be withheld in County's sole discretion. County shall
have the right in its reasonable discretion to approve all personnel assigned to the Work during
the performance of this Agreement and no personnel to whom County has an objection, in its
reasonable discretion, shall be assigned to the Work. Contractor shall require each
subcontractor, as approved by County and to the extent of the Work to be performed by the
subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward
Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes
toward County. County shall have the right (but not the obligation) to enforce the provisions of
this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in
such process. The Contractor shall be responsible for the acts and omissions of its agents,
employees and subcontractors.
The County acknowledges that Contractor's counselors are not only full-time employees, but also
1099 employees, that are paid by IOME and covered under IOME's insurance policies. This arrangement
is not prohibited under this section.
9. Ownership. Al! work and information obtained by Contractor under this Agreement or
individual work order shall become or remain (as applicable), the property of County. In addition,
all reports, documents, data, plans, drawings, records and computer files generated by
Contractor in relation to this Agreement and all reports, test results and all other tangible
materials obtained and/or produced in connection with the performance of this Agreement,
whether or not such materials are in completed form, shall at all times be considered the
property of the County. Contractor shall not make use of such material for purposes other than
in connection with this Agreement without prior written approval of County.
10. Confidentiality. Confidential information of the Contractor should be transmitted
separately from non -confidential information, clearly denoting in red on the relevant document
at the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity,
Weld County must comply with the provisions of the Colorado Open Records Act (CORA), C.R.S.
24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all
documents. 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 Work 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 Work shall be
performed by qualified personnel in a professional manner, consistent with industry standards,
and that all services will conform to applicable specifications. For work in which Contractor
produces a design to be used for construction purposes, Contractor shall carefully check all unit
quantities and quantity calculations and shall submit them for County review. If the County
experiences additional costs during project construction which are directly associated with errors
and omissions (professional negligence) which require change orders to the construction contract
resulting in costs greater than the construction contract bid unit costs, Contractor shall be
financially liable for such increased costs.
12. Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor
shall submit to County originals of all test results, reports, etc., generated during completion of
this work. Acceptance by County of reports and incidental material(s) furnished under this
Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy
of the project. 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, and County's action or inaction when any such breach or default exists shall
not impair or prejudice any right, or remedy available to County with respect to such breach or
default. No assent, expressed or irnplied, to any breach of any one or more covenants, provisions
or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach.
Acceptance by the County of, or payment for, the Work 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. Contractor must secure, before the commencement of the Work, the
following insurance covering all operations, goods, and services provided pursuant to this
Agreement, and shall. keep the required insurance coverage in force at all times during the term of
the Agreement, or any extension thereof, and during any warranty period. For all coverages,
Contractor's insurer shall waive subrogation rights against County.
a. Tvaes of insurance.
Workers' Compensation / Employer's Liability Insurance as required by state statute,
covering all of the Contractor's employees acting within the course and scope of their
employment. The policy shall contain a waiver of subrogation against the County. This
requirement shall not apply when a Contractor or subcontractor is exempt under
Colorado Workers' Compensation Act., AND when such Contractor or subcontractor
executes the appropriate sole proprietor waiver form.
Commercial General Liability Insurance including public liability and property damage,
covering all operations required by the Work. Such policy shall include minimum limits as
follows: $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000
Personal injury $5,000; Medical payment per person.
Automobile Liability Insurance: Contractor shall maintain limits of $1,000,000 for bodily
injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for
property damage applicable to all vehicles operating both on County property and
elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance
of this Contract.
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 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:
$1,000,000 Per Loss; $2,000,000 Aggregate.
I C:
b. Proof of Insurance. Upon County's request, Contractor shall provide to County a
certificate of insurance, a'policy, or other proof of insurance as determined in County's
sole discretion. County may require Contractor to provide a certificate of insurance
naming Weld County, Colorado, its elected officials, and its employees as an additional
named insured.
c. Subcontractor Insurance. Contractor hereby warrants that all subcontractors
providing services under this Agreement have or will have the above described insurance
prior to their commencement of the Work, or otherwise that they are covered by the
Contractor's policies to the minimum limits as required herein. Contractor agrees to
provide proof of insurance for all such subcontractors upon request by the County.
d. No limitation of Liability. The insurance coverages specified in this Agreement are the
minimum requirements, and these requirements do not decrease or limit the liability of
Contractor. The County in no way warrants that the minimum limits contained herein are
sufficient to protect the Contractor from liabilities that might arise out of the performance
of the Work under by the Contractor, its agents, representatives, employees, or
subcontractors. The Contractor shall assess its own risks and if it deems appropriate
and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not
relieved of any liability or other obligations assumed or pursuant to the Contract by
reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or
types. The Contractor shall maintain, at its own expense, any additional kinds or amounts
of insurance that it may deem necessary to cover its obligations and liabilities under this
Agreement.
e. Certification of Compliance with Insurance Requirements. The Contractor stipulates that
it has met the insurance requirements identified herein. The Contractor shall be
responsible for the professional quality, technical accuracy, and quantity of all services
provided, the timely delivery of said services, and thecoordination of all services
rendered by the Contractor and shall, without additional compensation, promptly remedy
and correct any errors, omissions, or other deficiencies.
14. Indemnity. The Contractor shall defend, indemnify and hold harmless County, its
officers, agents, and employees, from and against any and all injury, loss, damage, liability, suits,
actions, claims, or willful acts or omissions of any type or character arising out of the Work done
in fulfillment of the terms of this Agreement 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, judicial decision, or other law or court decree.
The Contractor shall be fully responsible and liable for any and all injuries or damage received or
sustained by any person, persons, or property on account of its performance under this
Agreement or its failure to comply with the provisions of the Agreement. It is agreed that the
Contractor will be responsible for primary loss investigation, defense and judgment costs where
this contract o₹ indemnity applies. In consideration of the award of this contract, the Contractor
agrees to waive all rights of subrogation against the County its associated and/or affiliated
entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers
for losses arising from the work performed bythe Contractor for the County. A failure to comply
with this provision shall result in County's right to immediately terminate this Agreement.
15. Non -Assignment. Contractor may' not assign or transfer this Agreement or any
interest therein or claim thereunder, without the prior written approval of County. Any attempts
by Contractor to assign or transfer its rights hereunder without such prior approval by County
shall, at the option of County, automatically terminate this Agreement and all rights of Contractor
hereunder. Such consent may be granted or denied at the sole and absolute discretion of County.
16. Examination of Records. To the extent required by law, the Contractor agrees that
an duly authorized representative of County, including the County Auditor, shall have access to
and the right to examine and audit any books, documents, papers and records of Contractor,
involving all matters and/or transactions related to this Agreement. Contractor agrees to
maintain these documents for three years from the date of the last payment received.
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. Notices. County may designate, prior to commencement of Work, its project
representative ("County Representative") who shall make, within the scope of his or her
authority, all necessary and proper decisions with reference to the project. All requests for
contract interpretations, change orders, and other clarification or instruction shall be directed to
County Representative. All notices or other communications made by one party to the other
concerning the terms and conditions of this contract shall be deemed delivered under the
following circumstances:
(a) personal service by a reputable courier service requiring signature for receipt; or
(b) five (5) days following delivery to the United States Postal Service, postage prepaid
addressed to a party at the address set forth in this contract; or
(c). electronic transmission via email at the address set forth below, where a receipt or
acknowledgment is required and received by the sending party; or
Either party may change its notice addresses; by written notice to the other. Notice may be sent
to:
TO CONTRACTOR:
Name: Becky Lauridsen
Position: Owner
Address: 47253 County Rd 29 Nunn, CO 80648
Address: 360 Oak St #140 Eaton, CO 80648
Email: becks@iowemenow.com
Phone: 970-620-8100
TO COUNTY:
Name: Kelly Leffler
Position: Employee Health and Productivity Specialist
Address: 1150 O Street _______
Address: Greeley, Colorado 80634
Email: kleffler@weldgov.com
Phone: 970-400-4220
19. 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.
20. 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.
21. 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.
22. 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.
23. 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.
24. Survival of Termination.. The obligations of the parties under this Agreement that by
their nature would continue beyond expiration or termination of this Agreement (including,
without limitation, the warranties, indemnification obligations, confidentiality and record
keeping requirements) shall survive any such expiration or termination.
25. 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 the extent that this Agreement is then capable of
execution within the original intent of the parties.
26. Governmental Immunity. ' No term or condition of this Agreement 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.
27. 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.
28. 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.
29. 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.
30. Public Contracts for Services C.B.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 Agreement. 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 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 this Agreement 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 subcontract 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 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 an 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 Contractorfails to comply with any
requirement of this 'provision or 'of C.R.S. §3-17.5-101 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. Attorney's Fees/Legal Costs. In the event of a dispute between County and
Contractor concerning this Agreement, the parties agree that each party shall be responsible for
the payment of attorney fees and/or legal costs incurred by or on its own behalf.
32. Binding Arbitration Prohibited. Weld County does not agree to binding arbitration
by any extra -judicial body or person. Any provision to the' contrary in this Agreement or
incorporated herein by reference shall be null and void.
Acknowledgment. County and Cont:ractcr 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, 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.
CONTRACTOR:
IOME, LLC
By: Becky Lauridsen
Name: Becky Lauridsen
Title: Owner
4' l'
WELD COUNTY:
ATTEST:
Weld County Clerk to the Board
Deputy Clerk to the Board
1861
12/28/2022
Date of Signature
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Scott James, Chair
JA!412 2022
EXHIBIT A
TOME Mental Wellness Program Scope of Work
1. Definitions: the words and terms defined below have the following definitions:
a. "Client" shall mean any Eligible Employee and any member of the Eligible Employee's
immediate family who are receiving counseling or other wellness Services.
b. "Counselor" shall mean a person who is a licensed mental health provider by trade, who
has a minimum of a master's degree from an accredited college or university in the
fields of psychology, counseling, or a comparable area of study and who provides
mental health Services. This is also to include student interns in a master's degree
program supervised by a clinical supervisor. EAP Counselors are either employed by
IOME or general contractors of IOME and accept referrals from IOME as needed based
on skillset and availability.
c. "Mental Wellness Program Services" shall mean mental health and wellness program
services offered through IOME for employees, which include individual, couple and
family counseling, group and workshop leadership programs, the IOME Self Care
Community resource library, and discounted self care services and/or products with
TOME partnered businesses.
d. "Eligible Employee" shall mean a current employee of Employer, who has been properly
identified in Employer's current quarterly report to IOME including employee name and
other identifying information required by IOME.
e. "Immediate Family" shall mean an Eligible Employee's spouse or domestic partner, and
dependent children under 27 years of age who are not emancipated.
2. IOME's Responsibilities:
a. Mental Wellness Program Services for Clients shall be provided as follows:
i. Onsite/Virtual Support: IOME shall provide a licensed mental health Counselor
to be onsite and/or virtually available during agreed upon days and hours each
week to provide brief mental wellness intervention. Service sessions will be
limited to under 30 minutes, with a solution focused approach. When
appropriate, the IOME Counselor will refer the Client to seek additional outside
mental health counseling, this can be a referral to the same TOME Counselor, a
different IOME Counselor, or a counselor who is not affiliated with IOME, this
will be dependent on what is best for the Client's overall wellness and success.
ii. Additional Counseling: TOME shall provide counseling sessions as set forth on
attached Exhibit B. The areas in which counseling is provided include, but are
not limited to, depressive symptoms, burnout and fatigue, emotional distress,
family, marital, financial and job -related problems.
iii. Referral to Outside Professionals: IOME or subcontracted Counselors may from
time to time refer a Client to an outside professional for consultation or
treatment. Issues typically referred to outside professionals include certain legal
or financial problems, medical care and psychiatric conditions presenting needs
beyond the expertise of IOME Counselors. IOME is not responsible for any costs
associated with or resulting from any such outside referral. All such costs are
the responsibility of the Client. IOME and Counselors shall not refer a Client to
an outside professional without first obtaining Client's written consent and
express understanding that the outside professional is not an employee or
agent of IOME, that the charges for such outside professional's services are not
included in the Eligible Employee's Mental Wellness Program Services, that
charges will be billed directly to Client by the outside professional and that
Client or Eligible Employee is responsible for payment for these charges. Outside
professionals are not employees or agents of TOME and do not share fees with
IOME.
iv. Education: IOME shall make available to the Employer programs and resources
for the purpose of increasing Client knowledge, awareness, and skills on various
mental health and wellness topics. Employee's will also have access to a
resource library equipped with appropriate educational content for the
employees and their family members overall success. Further details explained
in Exhibit.
b. IOME Reports: IOME will report statistics on utilization to Employer on quarterly basis.
Quarterly statistics will show the number of Clients who have used the Onsite Support,
the additional Mental Wellness Sessions, and necessary outside referrals. Annual
statistics will include information such as gender, number of employee Clients,
immediate family Clients, types of referrals, and problem categories. Names will not be
reported. If the identity of the Client is obvious from the statistic, the statistic shall not
be disclosed unless the Client has consented to disclosure.
c. IOME Billing: IOME will submit invoices to Weld County by the 20th of each month for
services rendered in the previous month from the 16th —15th
3. Employer's Responsibilities:
a. Coordination with IOME. Substantial coordination is necessary between Employer and
TOME for effective utilization of Mental Wellness Services. At all times, Employer shall
have a representative available to IOME for such coordination.
b. Name of Eligible Employees. Employer shall give written notice to IOME of the Eligible
Employees and shall by the tenth day of each quarter report the names of every
individual on the Employer's last payroll that fall within the Class. The Class of Eligible
Employees shall be all regular full-time, full-time temporary staff, regular part-time (20+
hours), elected officials, and County Commissioners. Employer will also give access to
Employees email in order for IOME to provide access to the IOME Self Care Community.
c. IOME shall have the right to increase the rates set forth in Exhibit B by giving Employer
written notice of the new rates at least ninety (90) calendar days prior to the end of the
Term. If such notice is given and accepted by Employer, the rates set forth in the notice
shall be the applicable rates under this Agreement for the next one-year Term.
4. Confidentiality: All information provided by IOME is subject to applicable laws and professional
ethics regarding confidentiality. Except as otherwise required by applicable law, information
about Clients will not be divulged by Counselors or IOME to Employer or any third party, except
as provided below:
a. Utilization Information: IOME will disclose non -identifying statistics to Employer on a
quarterly and annual basis as provided in paragraph 3.b above.
b. Employer Referral, No Job Jeopardy: When Employer notifies IOME that it has referred
or will refer an Eligible Employee for Mental Wellness Services and does not state that
the Eligible Employee's job position is in jeopardy, then upon request of Employer, IOME
will seek authorization from the Eligible Employee who is a current Client that the Client
is receiving Counseling Services through IOME and will report this information to
Employer if the Client so authorizes in writing. No other information will be disclosed to
Employer, about Client except as set forth in paragraph 3.b above.
IOME's Right to Provide Services to Others: IOME is in the business of providing Mental Health
Services and Counseling to individuals and businesses and this Agreement does not in any way
limit IOME's right to conduct business or provide services to parties other than Employer both
during and following the Term of this Agreement.
Utilization/Cost Monitoring: The Parties agree to work together to monitor utilization of the se
services by Weld County employees. If the costs under this agreement are within 15 percent of
the maximum contract amount, the Parties agree to immediately meet to discuss the
amendment of the contract or pause of services so that the maximum contract price is not
exceeded without action.
No Show Appointments: TOME understands that "no shows" are defined as unexcused and
unplanned/uncommunicated absences for services. The first no show for a client, IOME will not
charge the County, if the same client no shows for a second time, IOME may charge Weld
County half of the appropriate fee. If the same client no shows for a third time, IOME may
charge the full amount of the appropriate fee but must suspend services to the client.
EXHIBIT B
IOME Mental Wellness Services in Detail
Employer: Weld County
Effective Date: January 1, 2022 — December 31, 2022
1. IOME Mental Wellness Services Included in Contract:
a. Onsite/Virtual Mental Health Support Services: Onsite and virtual support services
offered by licensed mental health provider at the agreed upon rate ($125.00 per hour)
and quantity (16 Hours per week).
b. Additional Mental Health Therapy Sessions: Additional mental health sessions will be
available to all eligible employees and their immediate family members limited to 5
sessions per person, tracked by IOME. Sessions will be billed per number utilized at the
agreed upon rate ($90.00 per 50 minute session). Sessions will be available for eligible
employees and their immediate family members onsite in the Chase Building Office
Suite at Weld County, our Fort Collins office location, and our Eaton office location,
sessions will also be available online via telehealth video and phone call, at the
discretion of the employee or the family member.
c. Access to the IOME Self Care Community Online Portal: Eligible employees will have
access to an online self care community portal which provides them with the following:
discounts on 50+ local businesses offering self care services and products, a monthly self
care action plan that provides step by step instructions for our mind, body, soul, and
how to give back to the community, a mental health and wellness library full of relevant
content for employee mental wellness, and invitations to join in community enrichment
activities to promote connection and healthy work/life harmony.
d. Quarterly In Person Mental Wellness Psychoeducational Trainings: Decreasing mental
health stigma by educating employees on topics such as overcoming loneliness, coping
with depression and anxiety, increasing work/life harmony, burnout prevention and
much more. These trainings can be held during the assigned onsite/virtual times or can
be held in an addition and will be billed at $375 per hour of training.
e. Quarterly Reports on Utilization: IOME will provide the employer with quarterly reports
with detailed information on utilization rates and projections with max budget in mind.
These reports will be 100% confidential and will only share quantity, no employee or
family members personal information will be shared.
2. Payment of Monthly Onsite Mental Health Support Services: Payment must be received by
IOME within 30 days of invoice date for services rendered for the Onsite Mental Health Services
agreed upon hours of 16 hours per week at $125 per hour. Invoices will be sent by IOME by the
20t" of each month for services rendered from the 16th -15th of the prior month.
3. Payment of Additional 50 Minute Mental Health Therapy Sessions: Payment must be received
by IOME within 30 days of the invoice date for services rendered for the additional therapy
sessions billed at $90 per 50 minute session. Invoices will be sent by IOME by the 20th of each
month for services rendered from the 16th -15th of the prior month.
4. Utilization Monitoring: Weld County and IOME will monitor utilization and meet if utilization is
within 15 percent of the max annual budget of $181,000. If this happens, services will only
continue with consent from both Parties.
AGREEMENT FOR PROFESSIONAL SERVICES FOR MENTAL HEALTH SERVICES - IOME,
LLC
AP AS TO S CE:
ct ial or Department ead
APPROVED AS TO FUNDING:
Controller
APPR ED AS TO FORM:
Af
County Attorney
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