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Home My WebLink About20212643.tiffRESOLUTION RE: APPROVE AGREEMENT FOR PROFESSIONAL SERVICES FOR PEER SUPPORT PROJECT AND AUTHORIZE CHAIR TO SIGN - TIMOTHY BROWN 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 a Peer Support Project 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 Timothy Brown, commencing January 1, 2021, and ending December 31, 2021, 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 a Peer Support Project 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 Timothy Brown, 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 8th day of September, A.D., 2021, nunc pro tunc January 1, 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dtediA) G.X104 Weld County Clerk to the Board BY: AP County A torney Date of signature: 0q/17/2 Stev oreno, Chair mes, Pro-Te erry L. Bu •, 11144 ike Freeman Lori Sai cc : PE(PR /M_) 09/i.t/al 2021-2643 PE0033 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Timothy Brown Peer Support Contract DEPARTMENT: Human Resources PERSON REQUESTING: Patti Russell / Kelly Leffler DATE: 8/27/21 Brief description of the problem/issue: Attached you will see the contract for Timothy Brown. This contract has already been approved by the County Attorney's office. There are no changes to the contract from the previous year. What options exist for the Board? (include consequences, impacts, costs, etc. of options): Recommendation: Approve this contract to be placed on the consent agenda at the next BOCC Meeting for final approval. Approve Recommendation Work Session Other/Comments: Schedule Perry L. Buck Mike Freeman Scott K. James, Pro-Tem Steve Moreno, Chair Lori Saine 2021-2643 09/07f PE 0055 WELD COUNTY AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY & TIMOTHY BROWN PEER SUPPORT PROJECT THIS AGREEMENT is made and entered into this 7O day of StplGf'`b.V , ina , 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 Timothy Brown, , whose address is 5009 Meining Road, Berthoud, Colorado 80513-8665, hereinafter referred to as "Contractor". WHEREAS, County desires to retain Contract Professional as an independent Contract Professional to perform services as more particularly set forth below; and WHEREAS, Contract Professional 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, Contract Professional 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 Exhibit A which forms an integral part of this Agreement. Exhibit A is specifically incorporated herein by this reference. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Project described in Exhibit A. 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until Contractor's completion of the responsibilities described in Exhibits A. This contract 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. The County agrees to pay a fixed monthly amount as described in Exhibit B for the services set forth in Exhibit A. The maximum amount may not exceed $140,000.00. 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. 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. 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. Contract Professional 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, Contract Professional 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 14. 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. 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. 16. 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. 17. 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. 18. 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. 19. 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. 20. 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. 21. 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. 22. 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. 23. 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. 24. 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. 25. 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. 26. 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. 27. 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. 28. 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 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 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. 29. 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 signed this Agreement this 1501 day of $ Z0Z., . CONTRACTOR: By: Name: 7 ia7qy "°a>-' Title: Date 47Z -C- a / WELD COUNTY: ATTEST: ,LJ Weld County Clerk to the BY. Deputy Clerk to the APPROVED,AS TO FUND Controller AP' ' OVED AS FORM: County Attorney BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Moreno, Chair SEP 0 8 2021 ED AS TO SUBSTANCE: ad,Elected Official or Department Hea o?oa1-a6 `/a EXHIBIT A SCOPE OF WORK SERVICES OF THE CONTRACTOR A. The Contractor shall provide psychological services to Weld County Criminal Justice Employees, including, but not limited to, individual and group counseling., individual assessment, special project work as assigned by Weld County contract liaison, in-service training, and any other services mutually agreed upon by the County and the Consultant. B. The Contractor shall provide intervention/counseling services for all Weld County Sheriff's Office (WCSO) Sworn Employees, jail staff, Regional communications/dispatch personnel, members of the Peer Support Team (including civilian members), employees of the Coroner's Office, and full-time employees of the Weld County District Attorney. C. All above -listed counseling services shall also be made available to the spouses and immediate family members of the eligible employees. D. The contractor shall provide clinical supervision and training to the Weld County Sheriff's Peer Support Team and other Peer Support Teams as developed or expanded. Contractor shall meet monthly (minimum of ten months per year) with Peer Support Teams in the provision of supervision and training. E. This agreement does not include "on -call" or "respond to scene" responsibility except in extreme emergency and by mutual agreement. WCSO agrees to provide transportation to and from the scene of the incident for the Contractor, for support of the Sheriffs Office employees, when necessary. Although these services are not expected except in emergency situations, if provided to employees listed in Paragraph F, the services are considered part of this scope and are not billed separately. F. The contractor agrees to develop and provide additional programming in support of the Weld County Human Resources' Health and Productivity Program. These support programs include the Psychological and Training/Recruit Officer Liaison (P.A.T.R.O.L.) program for new hire personnel in the Weld County Sheriffs Office, Weld County Jail, Regional Communications Center, Coroner's Office and District Attorney's Offices as well as other programs as mutually agreed upon by the Contractor and the Weld County Contract Liaison. Ultimately, programs may include: 1. Recruit and Training Academy training programs including stress management training and inoculation, 2. Preemptive programs including the computer crimes child =.ppmograptiy investigators' quarterly contact support program, Proactive Annual Check -In (PAC), and the Trauma Intervention program (TIP). 3. Development of Critical Incident Management protocols, including but not limited to Return to Duty (RTD) protocols and Officer Wellness Assessments, 4. In -Service training programs as mutually agreed upon by the Contract Liaison and the consultant, 5. And Retirement preparation programs in conjunction with Weld County Human Resources to include: a. Psychological and emotional issues b. Departing the Criminal Justice role, and c. Family and other social issues G. The Contractor agrees to provide Critical Incident Debriefing Services in conjunction with the Peer Support Team for Weld County Personnel involved in traumatic, critical incidents. H. The Contractor shall be available to present training programs including "Interacting with Persons with Mental Illness" and within each of the basic skills academies for Patrol and Jail deputies. The dates of program presentations are to be mutually agreed upon by the liaison and the Consultant. I. The Contractor shall be available to present programs of any topic mutually agreed upon by the County and the Consultant. The Contractor may suggest topics for continuing or advanced training, including Marriage and Relationships in Law Enforcement Families, and Advanced Peer Support Team Training, as well as additional, mutually agreeable training seminars. J. The Contractor shall obtain, and maintain continuously for the term of this contract, at his expense, insurance as required by Weld County Risk Management, incorporated by reference herein (attached). The Contractor is not relieved of any liability or other obligations assumed pursuant to this contract by reason of its failure to obtain or maintain insurance or by reason of its failure to procure or maintain insurance in sufficient amounts, durations, or types. SECTION II - THE COUNTY'S RESPONSIBILITIES The County shall: A. Provide information as to its requirements for the project. B. Give prompt notice to the Contractor whenever the County observes or otherwise becomes aware of any deficiency in the project. C. Assist the Contractor in obtaining approval of all governmental authorities having jurisdiction over the project and such approvals and consents from such other individuals or bodies as may be necessary for completion of the project. D. Provide contractor with a contractor access identity card. 2 E. Provide reasonable access to Weld County buildings as needed to perform Contractor's duties under this Agreement. Such access may be restricted, suspended or terminated as deemed necessary for security purposes as determined in the sole discretion of Weld County. F. Clinical Records: The parties acknowledge that Contractor shall be performing psychological services and that documents generated in the performance of clinical duties under this Agreement are protected by State and Federal Law. 1. Any clinical notes created by the Contractor shall remain the property of the Contractor and are governed and controlled by the therapist/patient relationship. Any clinical reports, testing, evaluations, or other formal documents shall not be deemed a part of any employee's personnel file, but are separate and independent psychological records, and as such are governed by state and federal confidentiality laws. 2. Contractor shall not disclose the identity, intervention, process, or case issues to the County or any other third -party, unless: i. The client has signed a release as required by state and federal laws, ii. Confidentiality is otherwise waived by the client, iii. Client is assessed as unable to safely perform the duties of his or her position, or iv. Such information is otherwise ruled releasable by law. v. Agrees to sign confidentiality statement for limited access to employees' files. 3 EXHIBIT B PAYMENT AND FEE SCHEDULE A. It is understood and agreed by and between the parties hereto, that the County shall pay the Contractor for services furnished at $11667.00 per month, not to exceed 140,000.00 in a 12 month period as full payment for services described in Exhibit A. B. Invoices will be submitted by the Contractor monthly for services performed and expenses incurred pursuant to this Agreement during the prior month. Contractor shall provide a monthly invoice to Weld County. This monthly statement shall be submitted to the Weld County Director of Human Resources by the 10th day of each month detailing the previous month. C. Contractor shall be permitted to create and maintain his work schedule. This schedule may limit office hours to specific days of the week and hours of the day. However, Contractor shall ensure he is reasonably available to provide services as outlined in this Agreement and shall ensure he is available for reasonable clinical hours each month and is capable of accommodating a variety of the individual departments personnel schedules, which may include hours outside normal business hours. D. Contractor acknowledges that non -clinical hours may be necessary to fulfill Consultant's duties under this Agreement, and such non -clinical hours shall not incur additional fees and are included within the amount paid under Paragraph A above. E. Contractor acknowledges that this Agreement is not an "hourly' agreement, but is for services as outlined. There is no minimum or maximum number of hours required of the Contractor per month or year, but the Contractor must fulfill all services as outlined in this Agreement. F. Contractor shall provide in the monthly invoice the specific number of clinical hours and non -clinical hours provided that month, and the number of personnel who received services that month. Tim M. Brown, M.A., L.P.C., Consultant 4 HEALTHCARE PROVIDERS SERVICE CNAORGANIZATION PURCHASING GROUP HPSO• Certificate of ,3n5urance OCCURRENCE PROFESSIONAL LIABILITY POLICY FORM Print Date: 10/20/20 0203002089 The application for the Policy and any and all supplementary information, materials, and statements submitted therewith shall be maintained on file by us or our Program Administrator and will be deemed attached to and incorporated into the Policy as if physically attached. PRODUCER BRANCH PREFIX POLICY NUMBER 018098 Named Insured 970 HPG 0684396014 Confidential counseling, l.l.c. 5009 Meining Rd Berthoud, CO 80513-8665 Medical Specialty Code Licensed Professional Counselor Firm 80723 Excludes Cosmetic Procedures Professional Liability Professional Liability $1,000,000 each claim $3,000,000 aggregate Your professional liability limits shown above include the following: • Good Samaritan Liability • Malplacement Liability • Personal Injury Liability • Sexual Misconduct included in the PL Limit shown above subject to $25,000 aggregate sublimit Coverage Extensions Policy Period: From 01/31/21 to 01/31/22 at 12:01 AM Standard Time Program Administered by: Healthcare Providers Service Organization 1100 Virginia Drive, Suite 250 Fort Washington, PA 19034-3278 215-509-5437 www.hpso.com Insurance is provided by: American Casualty Company of Reading, Pennsylvania 151 North Franklin Street, Chicago, IL 60606 License Protection Defendant Expense Benefit Deposition Representation Assault Includes Workplace Violence Counseling Medical Payments First Aid Damage to Property of Others Enterprise Privacy Protection - Claims Made Retroactive Date: 01/31/20 - Defense inside limits Media Expense Workplace Liability Workplace Liability Fire and Water Legal Liability Personal Liability Total: $567.00 $25,000 per proceeding $1,000 per day limit $10,000 per deposition $25,000 per incident $25,000 per person $10,000 per incident $10,000 per incident $25,000 per incident $25000 aggregate $25,000 aggregate $10,000 aggregate $25,000 aggregate $100,000 aggregate $10,000 aggregate $10,000 aggregate $25,000 aggregate $25,000 per incident $25,000 aggregate Included in Professional Liability Limit shown above Included in the PL limit above subject to $150,000 aggregate sublimit Excluded Policy Forms & Endorsements (Please see attached list of policy forms and endorsements) Chairman of the = oard Secretary Keep this document in a safe place. It and proof of payment are your proof of coverage. There is no coverage in force unless the premium is paid in full. In order to activate your coverage, please remit premium in full by the effective date of this Certificate of Insurance. Form #: CNA93692 (11/2018) Master Policy #: 188711433 © Copyright CNA All Rights Reserved. Hello