HomeMy WebLinkAbout20180058.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR PROFESSIONAL SERVICES FOR NEUROFEEDBACK
AND AUTHORIZE CHAIR TO SIGN - GRAY NEUROPSYCHOLOGY ASSOCIATES,
P.C.
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 Neurofeedback between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, on behalf of the Department of Human Services, and
Gray Neuropsychology Associates, P.C., commencing August 1, 2017, and ending May 31, 2018,
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 Neurofeedback between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, on behalf of the Department of Human Services, and Gary Neuropsychology Associates,
P.C., 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 3rd day of January, A.D., 2018, nunc pro tunc August 1, 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dithA) •-ido;ci
Weld County Clerk to the Board
Deputy Cler,
County Attorney
Date of signature: ib9kg
Steve Moreno, Chair
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2018-0058
HR0089
COn-tr•ac+ _C) i* t'3 -1
PRIVILEGED AND CONFIDENTIAL
MEMORANDUM
DATE: November 17, 2017
TO: Board of County Commissioners — Pass -Around
FR: Judy A. Griego, Director, Human Services
RE: Weld County Department of Human Services'
Agreement for Professional Services with Gray
Neuropsychology Associates, P.C.
Please review and indicate if you would like a work session prior to placing this item on the Board's
agenda.
Request Board Approval of the Departments' Agreement for Professional Services with Gray
Neuropsychology Associates, P.C. The major provisions of the Agreement are as follows:
No.
Term
Service/Funding
Rate
1
August 1, 2017-
May 31, 2018
Neurofeedback
Core
$100.00/Hour (Neurofeedback)
$150.00/Hour (Court Facilitation/Court
Staffing/Family Team Meeting/Team Decision
Making Meeting)
I do not recommend a Work Session. 1 recommend approval of the Agreement.
Sean P. Conway
Julie A. Cozad, Chair
Mike Freeman
Barbara Kirkmeyer
Steve Moreno, Pro-Tem
Approve
Recommendation Work Session
Schedule
Other/Comments:
2018-0058
t-figa703
Pass -Around Memorandum; November 17, 2017 — ID 1527 Page 1
WELD COUNTY AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN WELD COUNTY & GRAY NEUROPSYCHOLOGY ASSOCIATES, P.C.
(NEUROFEEDBACK)
EE�DBAC K)
THIS AGREEMENT is made and entered into this �` day o , c't,by and between the County of
Weld, a body corporate and politic of the State of Colorado, by and throw its Board of County Commissioners, whose
address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and Gray Neuropsychology
Associates, P.C., a professional corporation, whose address is 18695 Shiloh Ranch Drive, Suite 202, Colorado Springs,
Colorado 80908, 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 Exhibits A and
B, which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference.
2. Service or Work. Contractor agrees to 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 August 1, 2017, and shall continue through and until May 31, 2018. 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 this
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 $100.00/Hour (Neurofeedback) and $150.00/Hour (Court
Facilitation/Court Staff/Family Team Meeting/Team Decision Making Meeting), which is the amount set forth in Exhibit
B. 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.
o2oi� opal
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 duly executed this Agreement as of the day, month, and year first
above written.
COUNTY:
ATTEST: ,..47,444/O W '&604 BOARD OF COUNTY COMMISSIONERS
Weld . Clerk to the :. and WEL O NTY,COLORADO
By:
Deputy Cle ; to th._c# f►r. r
Steve Moreno,gOCC Chair
JAN 0 3 zcia
Gray Neuropsychology Associates, P.C.
18695 Shiloh Ranch Drive, Suite 202
Colorado Springs, Colorado 80908
(719) 487-1760
By:
Date:
Steven G. Gray, Ph.D.
4723//7
o'7C9i$- OOsg
EXHIBIT A
SCOPE OF SERVICES
1. Contractor will provide neurofeedback services to identified clients M.S. (Client ID 2780502), N.S. (Client ID
2159423), and/or T.S. (Client ID 2332716) under TRAILS Case ID 1582417, as referred and authorized by the
Department. No other clients are authorized under this Agreement.
2. The neurofeedback unit utilized by the Contractor is the EEGer.
3. All services will be administered and monitored by Dr. Steven G. Gray, Ph.D., and will occur at 317 East San
Rafael Street, Suite 203, Colorado Springs, Colorado 80903.
4. Contractor will make at least three (3) attempts to contact the client and set up services. The first attempt will
occur within 24 hours of receiving the referral (excluding weekends and holidays). Contractor will document
efforts to engage client in referred services. If after three (3) attempts the client does not respond the Contractor
will notify the caseworker and the Child Welfare Contract and Services Coordinator immediately.
6. 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.
7. 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.
8. 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 (FIDOS), unless otherwise directed by the
Department. The Department shall provide access to, and training on, the online format (FIDOS).
9. 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.
10. Contractor understands that the Department will not reimburse Contractor for "no shows" after two (2)
consecutive "no shows". It is the responsibility of the Contractor to communicate "no shows" to the Department
in a timely manner to determine continuation of services.
11. 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. Contractor
is responsible for obtaining the meeting Facilitator's signature on the Client Verification Form at the time of the
staffing/meeting in order to be reimbursed. 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, 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 Department.
Contractor may participate by phone.
EXHIBIT B
PAYMENT SCHEDULE
1. Funding and Method of Payment
The Department agrees to reimburse the Contractor in consideration of the work and services performed under
this Agreement at the rate specified 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 in Trails after May 31, 2018.
Expenses incurred by the Contractor prior to the term of this agreement are not eligible Department expenditures
and shall not be reimbursed by the Department.
Payment pursuant to this Agreement, whether in whole or in part, is subject to and contingent upon the continuing
availability of said funds for the purposes hereof. In the event that said funds, or any part thereof, become
unavailable as determined by the Department, the Department may immediately terminate this Agreement or
amend it accordingly.
2. Fees for Services
$100.00/Hour (Neurofeedback Services)
$150.00/Hour Court Facilitation, Court Staffing, Family Team Meeting, or Team Decision Making Meeting.)
Contractor may not attempt to collect co -pays and/or fees for services for which a Department client is
responsible, but which a particular client refuses or fails to pay.
Contractor will collect any applicable sliding scale co -pays and credit the Department for any payment received
on the monthly billing.
3. Submittal of Vouchers
Contractor shall prepare and submit monthly an itemized voucher, utilizing the forms required by the Department,
and monthly report if applicable, certifying that services authorized were provided on the date(s) indicated and the
charges made were pursuant to the terms and conditions of this Agreement.
Contractor shall submit all monthly billings and applicable reports to the Department by the 7th day of the month
following the month the cost was incurred. Failure to submit by the aforementioned deadline may result in
forfeiture of payment.
a. For ongoing services, proof of services rendered shall be a Client Verification Form signed by the
client and a monthly report submitted per Exhibit A.
b. For one-time services, proof of services rendered shall be receipt of the completed product.
c. For Monitored Sobriety services, proof of services rendered shall be the test result.
Acc,Sep.29. 2017„ 4:25PMbpA.American Professional bate; 9/29/17 I,No.5587s: P. 2
CERTIFICATE OF INSURANCE
ALLIED WORLD INSURANCE COMPANY
C/O: American Professional Agency, Inc.
95 Broadway, Amityville, NY 11701
800-421.6694
This is to certify that the insurance policies specified below have been issued by the company indicated
above to the insured named herein and that, subject to their provisions and conditions, such policies afford
the coverages indicated insofar as such coverages apply to the occupation or business of the Named Insured(s)
as stated.
THIS CERTIFICATE OF INSURANCE NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR
ALTERS THE COVERAGE(S) AFFORDED BY THE POLICY(IES) LISTED ON THIS CERTIFICATE.
Name and Address of Named Insured:
GRAY NEUROPSYCHOLOGY
ASSOC., P.C.
18695 SHILOH RANCH DR
STE 202
COLORADO SPGS CO 80908
Type of Work Covered: PROFESSIONAL PSYCHOLOGIST
Location of Operations: ..
(If diffarant than addreae 1latad above)
Claim History:
Retroacti
Additional Named Insureds:
STEVEN G. GRAY, PH.D.
Coverages
Policy----
Number
Effective
Date
Expiration
Date
Limits of
Liability
PROFESSIONAL/
LIABILITY
5011-5924
6/01/17
6/01)18
1,000,000
1,000,000
NOTICE or CANCELLATION WILL ONLY SE GIVEN TO THE FIRST NAMED INSURED, WHO SHALL
ACT ON BEHALF OF ALL INSUREDS WITH RESPECT TO GIVING OR RECEIVING NOTICE or
CANCELLATION.
Comments:Defense Reimbursement Proceedings Limit is $5,000, 2 ADDL.INS.BELOW:
COUNTY OF WELT)
1150 O STREET
GREELY CO 80631
This Certificate Issued to:
Name: GRAY NEUROPSYCHOLOGY
ASSOC., F.C.
Address: 18695 SHILOH RANCH DR
STE 202
COLORADO SPGS CO 80908
APA 00138 00 (06/2014)
u.-orized Representative
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