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HomeMy WebLinkAbout20170697.tiffRESOLUTION RE: APPROVE AGREEMENT FOR PROFESSIONAL SERVICES AND AUTHORIZE CHAIR TO SIGN - NORTH RANGE BEHAVIORAL HEALTH 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 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 North Range Behavioral Health, commencing January 1, 2017 and ending December 31, 2017, 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 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 North Range Behavioral Health 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 March, A.D., 2017, nunc pro tunc January 1, 2017. BOARD OF COUNTY COMMISSIONERS ATTEST:( CSC jo;ok. Weld County Clerk to the Board Attorney Date of signature: Lt 13/ l'l WELD COU TY, CO RA(yO C.l0 e A. ozad, Chair -/(jt-47( Steve Moreno, Pro-Tem can P. Conway arbara Kirkmey Cc . H SC) C C M /S€3/ 3-G) 2017-0697 HR0088 PRIVILEGED AND CONFIDENTIAL MEMORANDUM DATE: February 6, 2017 TO: Board of County Commissioners — Pass -Around FR: : Judy A. Griego, Director, I Iuman Services RE: Weld County Department of Human Services' Agreement for Professional Services with North Range Behavioral Health (NRBH) Please review and indicate if you would like a work session prior to placing this item on the Board's agenda. Request Board Approval of the Department's Agreement for Professional Services with North Range Behavioral Health (NRBH). The Contractor, NRBH, will provide a psychiatric/medical provider for medical consultation and interpretation related to cases staffed in Child Protection Team (CPT) in accordance with the policies and procedures set forth by Human Services. In prior years, these services were provided by Dr. Sills and Dr. Matthews. The Department agrees to reimburse the Contractor a total amount not to exceed Eight Thousand One Hundred Dollars ($8,100.00) for the term of January 1, 2017, through and until December 31, 2017. I do not recommend a Work Session. I recommend approval of this Agreement. Sean P. Conway Julie A. Cozad, Chair Mike Freeman Barbara Kirkmeyer Steve Moreno, Pro -Tern Approve Recommendation Work Session Schedule Other/Comments: 2017-0697 Pass -Around Memorandum; February 6, 2017 — ID 966 Page 1 AGREEMENT FOR PROFESSIONAL SERVICES TI I1S AGREEMENT is made by and between the Buard of Weld County Commissioners, on behalf of the Weld County Department of Human Services, whose address is 315 N. 11th Avenue, Greeley. Colorado. 80631 ("Human Services"), and North Range Behavioral Health whose address is 1300 North 17`h Avenue. Greeley. CO 80631 ("Contractor or Contract Professional). WHEREAS. Human Services desires to retain Contractor as an independent contract professional to perform services as more particularly set forth below; and WHEREAS. Contractor has the time available to timely perform the sers ices. 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. Engagement of Contractor. Human Services hereby retains Contractor. and Contractor hereby accepts engagement by Human Services upon the terms and conditions set forth in this Agreement. ?. Term. The term of this Agreement shall be from January 1. 2017. through and until December 31. 2017. 3. Services to be Performed. Contractor agrees to perform the Services listed or referred to in Exhibit A. attached hereto and incorporated herein. 4. Compensation. Human Services agrees to pay Contractor for services performed as set forth on Exhibit B a maximum rate of $8.100.00 for the term of this agreement, which includes an hourly rate of $75.00 per hour. Charges shall be based on the time actually spent performing the services, but shall exclude travel time. Contractor shall not be paid any other expenses unless set forth in this Agreement. Payment to Contractor will be made only upon presentation of a proper claim by Contractor, itemizing services performed and mileage expense incurred. Payment for services and all related expenses under this Agreement shall not exceed $8,100.00. 5. Additional Work, In the event Human Services 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 a supplemental Agreement. Any claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated supplemental Agreement. Any change in work made without such prior supplemental Agreement shall be deemed covered in the compensation and time provisions of this Agreement. 6. Independent Contractor. Contractor agrees that Contractor is an independent contractor and that neither Contractor nor Contractor's agents or employees are. or shall he deemed to be. agents or employees of Human Services for any purpose. Contractor shall have no authorization. express or implied. to bind Human Services to any agreement, liability, or understanding. The parties agree that Contractor will not become an employee of Human Services, nor is Contractor entitled to any employee benefits from Human Services as a result of the execution of this Agreement. 7. Warranty. Contractor warrants that services performed under this Agreement will be performed in a manner consistent with the professional standards governing such services and the provisions of this Agreement. at° o 7 8. Reports Human Services Property. All reports, test results and all other tangible materials 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 Human Sery ices. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of Human Services. 9. Acceptance of Product not Waiver. Upon completion of the work, Contractor shall submit to Human Services originals of all test results. reports. etc.. generated during completion of this work. Acceptance by Human Services of reports and incidental material furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the work. Acceptance by Human Services of. or payment for, any services performed under this Agreement shall not be construed as a waiver of any of Human Services' rights under this Agreement or under the law generally. 10. Insurance and Indemnification. Contractor shall defend and indemnify Human Services. its officers and agents. from and against loss or liability arising from Contractor's acts, errors or omissions in seeking to perform its obligations under this Agreement. Contractor shall provide necessary workers' compensation insurance at Contractor's own cost and expense. Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all goods or services provided pursuant to this request. Contract Professionals 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. Professional Liability (Errors and Omissions Liability) fhe policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. a. Minimum Limits: Per Loss $ 1,000.000 Aggregate $ 2.000,000 Commercial General Liability Insurance shall include bodily injury, property damage, and liability assumed under the contract. $1,000.000 each occurrence: $1,000.000 general aggregate. Termination. Either party may terminate this .agreement at any time by providing the other party with a 10 day written notice thereof. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. In the event of an early termination. Contractor shall be paid for work performed up to the time of notice and Human Services shall he entitled the use of all material generated pursuant to this Agreement. 12. Non -Assignment. Contractor may not assign or transfer this Agreement. an_. interest therein or claim thereunder, without the prior written approval of Human Services. 13. Access to Records. Human Services shall have access to Contractor's financial records as they relate to this Agreement for purposes of audit. Such records shall be complete and available for audit 90 days after final payment hereunder and shall he retained and available for audit purposes for at least five years after final payment hereunder. 14. Time of Essence. Time is of the essence in each and all of the provisions of this Agreement. 15. 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. 16. notices. Any notice required to be given under this Agreement shall be in writing and shall be mailed or delivered to the other party at that party 's address as stated above. I7. Compliance, This Agreement and the provision of services hereunder shall be subject to the laws of Colorado and be in accordance with the policies. procedures, and practices of Human Services. Contract Professional 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 Aereement. This Agreement is nonexclusive and Human Services may engage or use other contractors or persons to perform services of the same or similar nature. 19. Public Contracts for Services C.R.S. 88-17.5-101. Contract Professional certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contract Professional 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 F. -Verify program of the State of Colorado program established pursuant to C.R.S. §8-17.5-10215Xc). Contract Professional 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 Contract Professional that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contract Professional 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 Contract Professional obtains actual knowledge that a subcontractor performing work tinder the public contract for services knowingly employs or contracts with an illegal alien Contract Professional shall notify the subcontractor and County within three (3) days that Contract Professional 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. Contract Professional 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. Contract Professional 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. II' Contract Professional participates in the State of Colorado program, Contract Professional shall. within twenty days after hiring a new employee to perform work under the contract, affirm that Contract Professional 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. Contract Professional 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. lf'C'ontract Professional 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. Contract Professional 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 Contract Professional receives federal or state funds under the contract, Contract Professional 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 fiir public benefits provided under the contract. If Contract Professional operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the l nited States or is otherwise lawfully present in the United States pursuant to federal law. (b) 3 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. 20. entire Agreement/Modifications. This Agreement contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiation. representation, and understanding or agreements with respect to the subject matter contained in this Agreement. This Agreement may he changed or supplemented only by a written instrument signed by both parties. 21 Funding Contingency. No portion of'this Agreement shall be deemed to create an obligation on the part of Human Services to expend funds not otherwise appropriated or budgeted for. 2. ( onfidentialit',. The Contractor agrees to comply with 19-1-120 C.R.S., which requires that reports of child abuse and any identifying information in those reports are strictly confidential. 23 No Conflict. 10 employee of Contractor nor any member of Contractor's family shall serve on a Hunan Services Board, committee or hold any such position which either by rule, practice or action nominates. recommends, supervises Contractor's operations, or authorizes funding to Contractor. 24. Severabllity. If any term or condition of this Agreement shall be held to be invalid, illegal. or unenforceable. 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. 25. Governmental Immunity. No portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess. 26. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement. and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 27. 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. 4 IN WITNESS WHEREOF, the parties hereto haze duly executed the Agreement as of the day, month, and year first above written. COt'V'f1; ATIES7 : .4101441C/ • Jd";4' Weld Cn y Clerk to the Board By: Deputy Cler the card 1861 BOARD OF COUNTY COMMISSIONERS WELD CO INTY, COLORADO Julie A. Cozad, Ch CONTRA(TOIt North Range Behavioral Health 1 300 North 17th Avenue Greeley. Colorado 80634 (970) 347-2120 By: Date: l Irry MAR 0 0 ZC t7 u ;<<sA- rff, Executive Director, 020/7-0/c77 Exmon A SCOPE OF SERVICES Human Services administers a Child Protection Team (CPT) which is an advisory multi -disciplinary team which was formed to advise Human Services on specific child protection cases. The Contractor's participation on the CPT partially fulfills Human Services' statutory responsibility of providing a multi- disciplinary CPT. The Contractor agrees to provide a psychiatricimedical provider for medical consultation and interpretation related to the cases staffed in the CPT in accordance to the policies and procedures provided by Human Services. Contractor shall: t. Attend a maximum of three (3) CPT meetings per month to provide psychiatric/medical consultation. Each meeting shall be up to two (2) hours in duration. Z. Provide consultation on crisis situations where a session is needed to meet the special needs of an abused or neglected child. Human Services shall: 1. Determine the meeting time. location, and dates of CPT meetings: assess monthly the number of meetings to he attended by the Contractor: and shall notify the Contractor of such schedule. Select cases to he reviewed and staffed by the Contractor. 6 EXHIBIT B PAYMENT SCHEDULE I . Funding and Method of Payment Human Services agrees to reimburse to the Contractor. in consideration for the work and services performed. a total amount not to exceed Eight Thousand One Hundred Dollars ($8,100.00) for the term of this agreement. Expenses incurred by the Contractor, in association with said project prior to the term of this Agreement. are not eligible Human Services expenditures and shall not be reimbursed by Human Services. Payment pursuant to this Contract. if Weld County funds. whether in whole or in part. is subject to and contingent upon the continuing availability of Weld County funds for the purposed hereof. In the event that said funds. or any part thereof. become unavailable as determined by Human Services, Human Services may immediately terminate this Contract or amend it accordingly. 2. Fees for Services Human Services agrees to reimburse the Contractor for three 13) hours per meeting at the rate of 575.00 per hour. One hour for preparation and review, and two (2 ) hours for the actual meeting. 3. Submittal of Vouchers Human Services agrees to: a. Itemize monthly. all case record information regarding services authorized and received for service recipients according to its prescribed voucher thrm. h. Provide a completed voucher to the Contractor each month for review and certification (signature). T he Contractor shall: a. Review monthly the itemized voucher and certify that the services authorized were provided on the date indicated and the charges made were pursuant to the terms and conditions of Exhibit A. h. Return the signed prescribed voucher form to Human Services for payment. 7 NORTH12 OP ID: DP AC:C.7 RD CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDYYYY) 07/15/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Rich & Cartmill Ins of CO of Colorado LLC 8213 W. 20th Street Greeley, CO 80634 Michael J Schmitt CIC NAONmEACT Michael J Schmitt CIC 970.356-8032 NAIC 0 T23850 — --- ---- PH No Eae :970.356-8030 FAX LayN1� E-MAIL - - ADDRESS: INSURER(S) AFFORDING COVERAGE INSURER A: Philadelphia Insurance Co INSURER B : Pinnacol Assurance - - INSURED North Range Behavioral Health 1300 N 17th Avenue Greeley, CO 80631 -- -- —- INSURER C: Lloyds of London INSURER D : INSURER E : INSURER F : • THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL LTR TYPE OF INSURANCE 1NSD SUER WVD I POLICY EFF ' POLICY EXP 1 POLICY NUMBER IMMIDD/TYYY) (MM/DDIYYYY)I LIMITS A X COMMERCIAL GENERAL LIABILITY - _, I CLAIMS -MADE �_X OCCUR X Professional Liab X 11 PHPK1514222 'I, 07/01/2016 07/01/2017, EACH OCCURRENCE I $ 1,000,000 ' DAMAGE TO RENTED PREMISES (Ea occurrence) $ 1,000,000 j _— - I MED EXP (Any one person) I $ 20,000 X HIPAA Inc!i I—_ PERSONAL BADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. PRO- _ ._ j POLICY JECT X LOC',,. ' OTHER GENERAL AGGREGATE 3,000,000 P PRODUCTS-COMP/OP AGG $ 3,000,000 Emp Ben. $ 1,000,000 AUTOMOBILELIABILITYo A X ALLOWNED I SCHEDULED L___ 'AUTOS ,II AUTOS HIRED AUTOS NON-OWNEDAUTOS PHPK1514222 107/01/2016(EaCOMBINED I 07/01/2017: SINGLE LIMIT $ 1,000,000 CO accident) BODILY INJURY (Per person) $ — -- -- -- -. BODILY INJURY (Per accitlem) $ PROPERTY DAMAGE S (Per acciden rt _ X UMBRELLA LIAR X OCCUR A I I EXCESS LIAB 1CLAIMS-MADE PHUB545949 107101/2016 'I:07/01/2017 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 $ (OED X RETENTIONS 10000 WORKERS COMPENSATION TION . IAND EMPLOYERS' LIABILITY YIN N/A 4044331 07/01/2016' 07/01/2017 PER 0TH- X_STATUTE DER__ B !ANY PROPRIETOR/PARTNER/EXECUTIVE I OFFICER/MEMBER EXCLUDED? (Mandatary in NH) If yes, describe under DESCRIPTION OF OPERATIONS below (Privacy E L. EACH ACCIDENT $ 100,000 _. _ _ E . DISEASE EA EMPLOYEE1 $ 100,000 -- — �! E.L. DISEASE - POLICY LIMIT $ 500,000 C ESF00193585 07/01/20161107/01/201711 Each 1,000,000 •Aggregate 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate holder: Weld County Department of Human Services Child Welfare Division, Attn: Tobi Vegter, Resource Unit State of Colorado is listed as additional insured as pertains to the general liability policy, per written contract. CANCELLATION WEL-HUM Weld County Department of Human Services (see above) Attn: Tobi Vegter PO Box A Greeley, CO 80632 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Michael J Schmitt CIC ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD NOTEPAD: HOLDER CODE WEL-HUM INSURED'S NAME North Range Behavioral Health NORTH12 OP ID: DP PAGE 2 Date 07/15/2016 Hello