Loading...
HomeMy WebLinkAbout20210017.tiffPRIVILEGED AND CONFIDENTIAL nica.c+ 'TO #<-13`'10 MEMORANDUM DATE: December 22, 2020 TO: Board of County Commissioners — Informational Memorandum FR: Jamie Ulrich, Director, Human Services RE: Department of Human Services Provisional Agreement with Dr. Jacob A. Jones The Department of Human Services (DHS), Division of Child Welfare (CW), has two (2) children placed in Grand Junction, Colorado in need of psychological testing. One of the children required additional psychological testing for an appeal for Supplemental Security Income (SSI) determination. Due to the deadline for documentation related to this appeal, CW requested that a Provisional Agreement for Mental Health Evaluation Services be developed with Dr. Jacob A. Jones, a local provider in the Grand Junction area. Dr. Jones has agreed to provide Mental Health Evaluation services to both children within the ninety (90) -day window allowed under the Provisional Agreement. Services will be reimbursed at a rate of $350.00 per hour for direct face-to-face time with the children. Per authority given through the resolution, identified as Tyler ID 2019-4388, a Provisional Agreement for Mental Health Evaluation Services was signed by the Director of Human Services and executed on December 9, 2020. The term dates of the agreement are December 7, 2020 to March 7, 2021. Information Memorandum; December 22, 2020 — ID 4340 ea nsen+ A�.r, dam. o► tot -4 i a 2021-0017 H 8009 3 WELD COUNTY PROVISIONAL AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY & JACOB A. JONES DBA DRS. JONES PSYCHOLOGICAL SERVICES YOUTH PSYCOLOGICAL TESTING tin THIS AGREEMENT is made and entered into this —1. day of Upon. _, 2021, by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through the Weld County Department of Human Services as designee for the Board of County Commissioners pursuant to Weld County Code Section 5-4-60(B), whose address is 315 North 11'" Avenue, Greeley, Colorado 80631 hereinafter referred to as "County," and Jacob A. Jones DBA Drs. Jones Psychological Services, a limited liability company, who whose address is 593 Village Way. Grand Junction. Colorado 81507, hereinafter referred to as "Contractor". WHEREAS, County desires to retain Contractor as an independent Contract Professional to perform certain services on a temporary or provisional basis because of an immediate need for the identified service; 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 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 Exhibits A and B which form an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. This Agreement is a provisional agreement only and is to be used in situations where an urgent need for a specific service has been identified by the County prior to completion of a full contract. 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. This Agreement shall become effective on December 7, 2020, upon proper execution of this Agreement and shall expire March 7, 2021, unless sooner terminated as provided herein. This Agreement is for a period of no more than ninety (90) days and may not be renewed. . 3a. Limitations on Agreement. This agreement may only be for ninety (90) days and for services under twenty-five thousand ($25,000) dollars. It is not meant to allow Contractor to avoid the formal bidding process required by Colorado Revised Statutes and Colorado Rules. Therefore, a vendor may only be accessed through this provisional agreement process twice before having to formally respond to the County's bid for services, if the Contractor wishes to continue to provide services to the County. 4. Termination. County has the right to terminate this Agreement, with or without cause on ten (10) 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. Upon Contractor's successful completion of the Project, and County's acceptance of the same, County agrees to pay an amount no greater than $25,000 for the services as set forth 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 OO`al- l - 0011 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. 4. 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 goveming 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 S 1,000,000 S 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 Govemmental 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 duly executed the Agreement as of the day, month, and year first above written. CONTRACTOR: Jacob A. Jones DBA Drs. Jones Psychological Services By: jai* AJones(� 01438NST) Date Dec 9 2020 Name: Dr. Jacob A. Jones Title: Psychologist COUNTY: Weld County Government 9aitra-terick By: Jamie Ulrich (Dec 9, 202014:14 MST) Name: Jamie Ulrich Title: Director of Human Services Date Dec 9, 2020 EXHIBIT A SCOPE OF SERVICES 1. Contractor will provide Mental Health Evaluation Services, as referred by the Department. The following services are available under this Agreement: a. Individual Psychological Evaluation: A thorough intellectual and diagnostic assessment, to include formal psychological testing and a review of social history, Family Service Plans and collateral information. Individual Psychological Evaluations will address referral questions regarding diagnoses and their impact on attachment and parenting, placement and visitation needs, and other treatment recommendations. b. Mental Health Assessment (MHA): A brief assessment of mental health functioning to answer diagnostic questions outlined by the Department and to provide treatment recommendations. Mental Health Assessments will include a review of WCDHS social history and family services plans but limited outside collateral information. Psychological screening instruments will be completed, but no formal psychological testing. If psychological testing is indicated, a Psychological Evaluation may be recommended for approval by the Department. 2. Capacity: As needed. Contractor will complete Mental Health Assessments (MHA) within in one (1) month or less and Individual Psychological Evaluations will be completed within two (2) months or less. 3. Goals of Service: a. Provide individual diagnostic evaluations to assess individual functioning to assist in the development of Family Service Plans and provide treatment recommendations. b. Support the goals established by the Court and in the child(ren)'s best interests for safety, permanency and well-being. 4. Outcomes of Service: a. A final diagnostic feedback session will be offered to the client to discuss psychological test results, findings and recommendations of the evaluation. b. A written report will be provided for all evaluations summarizing the referral questions, brief case and social history, evaluation course, methods and procedures, assessment findings, collateral contacts, limitations, analysis, and conclusions and recommendations for visitation, treatment, medication evaluation or future psychological evaluation. i. Incomplete evaluations will be documented to the extent possible and will outline the limitations and impact of any missing information. 5. Target Population: a. Children, ages birth to 12 years. b. Adolescents, ages 13 to 18 years. c. Adults, over the age of 18 years. d. All genders. 6. Service Access: 106 Lorey Drive Grand Junction, Colorado 81505 7. Language: English 8. Contractor will respond to the Quality Assurance Team Supervisor (hainlejd(i6veldgov.com, 970-400-6210) within three (3) business days regarding the ability to accept the received referral. 9. Upon acceptance of a referral, Contractor will offer an initial appointment within seven (7) days of receiving the referral. The first attempt to contact the client will occur within 24 hours of receiving the referral (excluding weekends and holidays). Contractor will document efforts to engage client in referred services. If the client does not respond after three (3) attempts in the first seven (7) days of the referral period, the Contractor will notify the caseworker and the Quality Assurance Team Supervisor (hainlejd(iweldgov.com, 970-400-6210). 10. Contractor understands that "no shows" are defined as unexcused and unplanned/uncommunicated absences for visitation services. If a rate for "no shows" is not specifically stated in Exhibit D, Rate Schedule, then Contractor understand that the Department will no reimburse for "no shows". Contractor understands that the Department will only reimburse Contractor for up to two (2) "no-shows" on the part of the client per month. After three (3) "no-shows, "Contractor will place client on a behavioral plan requiring attendance or discharged client from services. Contractor must inform the caseworker and the Quality Assurance Team Supervisor (hainlejda weldgov.com, 970-400-6210). 11. Contractor understands that the Department will not reimburse Contractor for cancelled appointments either on the part of the client or the Contractor. If the cancellation is generated from the Contractor, a "makeup" session/episode, to occur within 30 days of the cancellation, will be offered to the client (excluding session/episodes that fall on holidays). If the cancellation is generated from the client, the Contractor must request a makeup session from the Department prior to the makeup session occurring (excluding session/episodes that fall on holidays). After three (3) cancellations, Contractor will inform the caseworker and the Quality Assurance Team Supervisor (hainleida,weldgov.com) immediately via email, to discuss service continuation. 12. Contractor will identify in detail areas of continued concern and make recommendations to the Department regarding continuation of services and/or the need for additional services. 13. Contractor will document in detail any and all observed or verbalized concerns regarding any child whom the Contractor is working with under an active referral. Areas of concern may include, but are not limited to, any physical, emotional, educational or behavioral issues. Areas of concern should be reported immediately AND on the required monthly report. 14. Contractor will submit reports on a monthly basis for each active referral for ongoing services. Reports will be submitted per the online format required by the Department, unless otherwise directed by the Department. 15. Contractor agrees any change to an existing referral must be pre -approved through the Child Welfare Contract and Services Coordinator, a Department -facilitated Team Decision Making (TDM) or Family Team Meeting (FTM), or by court order. A change is defined as anything outside of the approved documented service on the initial authorized referral form. This may include an increase or decrease in services hours, change in frequency, change in location of services, transportation needs, or any change to the initial referral or subsequent authorizations. 16. Contractor agrees to attend meetings when available and as requested by the Department. Such meetings include Court Facilitations, Court Staffings, Family Team Meetings and/or Team Decision Making meetings. The Department will reimburse for actual participation in the meeting only so long as the meeting is at least one hour in length, the Contractor obtains the Facilitator's signature on the Client Verification Form (if in person) at the time of the meeting and participation in the meeting is deemed appropriate and necessary by the Department. Staffings and/or meetings other than those listed above are not considered reimbursable unless otherwise approved by the Child Welfare Contract and Services Coordinator. Contractor may participate by phone, if approved by the Department. 17. Contractor will notify the Quality Assurance Team Supervisor (hainlejd cr weldgov.com, 970-400-6210) of new staff who will manage and/or administer the services with the following information: a. Staff member name and contact information b. Education level/degree (if applicable) c. Licensure/credentials (if applicable) d. Department of Regulatory Authority (DORA) number (if applicable) e. Supervisor name and contact information The Department reserves the right to decline the new staff members managing and/or administering services to Department clients. EXHIBIT B RATE SCHEDULE �. 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. The total amount to be paid to the Contractor during the term of this Agreement shall be reported by the Department after May 31, 2021. Expenses incurred by the Contractor prior to the tern 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 Psychological testing $350.00/Hour (Rate is for direct face-to-face time only). 3. Submittal of Vouchers Contractor shall prepare and submit monthly a Request for Reimbursement, Client Verification Form, other supporting documentation, and monthly report 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 and Exhibit A. Contractor shall submit all Requests for Reimbursement and supporting documentation to the Department by the rh day of the month following the month of service, but no later than 60 days from the date of service. Requests for Reimbursement and/or supporting documentation received after 60 days from the date of service may result in delay or forfeiture of payment. Consistent failure to meet the 60 -day deadline may result in termination of the Agreement. For ongoing services, proof of services rendered shall be a Client Verification Form signed by the client and a monthly report submitted in accordance with Paragraph 3(d) of this Agreement. For one-time services, proof of services rendered shall be receipt of a Client Verification Form and the completed product. For Monitored Sobriety services, proof of services rendered shall be the test result. Contract Form Entity Information Entity Name* JONES, JACOB New Contract Request Entity ID* ,.00043171 Contract Name* DR. JACOB JONES PROVISIONAL AGREEMENT Contract Status CTB REVIEW New Entity? Contract ID 4340 Contract Lead* APEGG Contract Lead Email apegg@weldgov.com,cobbx xlk(Pweldgov.com Parent Contract ID Requires Board Approval YES Department Project # Contract Description* MENTAL HEALTH SERVICES. TERM: DECEMBER 7, 2020 THROUGH MARCH 7, 2021. THIS ITEM IS RUNNING AS CONSENT THROUGH CMS. Contract Description 2 NO PA. AN INFORMATIONAL MEMORANDUM WILL BE SENT TO THE BOCC ON 1 2 r22;`2020. Contract Type* AGREEMENT Amount* 50.00 Renewable* NO Automatic Renewal Grant IGA Department Requested BOCC Agenda Due Date HUMAN SERVICES Date* 12 26'2020 12 30;2020 Department Email CM- HurnanServices@weldgov.co m Department Head Email CM-HumanServices- DeptHeadgweldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY 2WELDG OV.COM Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID 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* 01;07,2021 Renewal Date Termination Notice Period Contact Inforttation Contact Info Contact Name Purchasing Purchasing Approver CONSENT Approval Process Department Head JAMIE ULRICH DH Approved Date 12/28/2020 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 01/0412021 Originator APEGG Committed Delivery Date Expiration Date* 03/07x'2021 Contact Type Contact Email Contact Phone 1 Contact Phone 2 Finance Approver CONSENT Purchasing Approved Date 12; 28;2020 Legal Counsel CONSENT Finance Approved Date Legal Counsel Approved Date 12/28/2020 12/28x`2020 Tyler Ref * AG 010421 Hello