HomeMy WebLinkAbout20160237.tiff RESOLUTION
RE: APPROVE MEMORANDUM OF UNDERSTANDING FOR CRISIS 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 a Memorandum of Understanding for
Crisis 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 December 15, 2015, and ending November 30,
2016, with further terms and conditions being as stated in said memorandum of understanding,
and
WHEREAS, after review, the Board deems it advisable to approve said memorandum of
understanding, 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 Memorandum of Understanding 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 memorandum of understanding.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 20th day of January, A.D., 2016, nunc pro tunc December 15, 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:dd.�.L _1 �C i�
� Mike Freeman, Chair
Weld County Clerk to the Board
Sean P. Conway, Pro-Tem
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BY: �. , �_) '.l. 1.i1... ! �,�cy► `
D-.Ity Clerk to he Boar• • % qty
��=� ��� ' ra Kirkmeyeq
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APPROVED AS TO FOR 361 f
'Job; Cozad
ounty Attorney Sg
'� Steve Moreno
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Date of signature: i°
2016-0237
HR0087
Ovglyso,cv I X36
MEMORANDUM
DATE: December 29, 2015
18b1
TO: Board of County Commissioners —Pass-Around
r
_ L� T ' FR: Judy A. Griego, Director, Human Services
3
G O U.N T Jr RE: Memorandum of Understanding between the Weld County
Department of Human Services and North Range
Behavioral Health (NRBH) regarding Crisis Services
Please review and indicate if you would Ike a work session prior to placing this item on the
Board's agenda.
Request Board Approval of a Memorandum of Understanding between the Department
and North Range Behavioral Health(NRBH)regarding Crisis Services.The Department
and NRBH wish to provide quality support and intervention for individuals served by Human
. Services that experience behavioral health crisis. NRBH shall respond to requests for
emergency and/or crisis situations with evaluation, intervention and post crisis planning. The
Department will actively participate it post crisis planning and placement decisions when the
individual is the legal responsibility of the Department.
This MOU does not include the reimbursement or exchange of funds between the two Partieis.
The initial term of this MOU shall be from December 15,2015 until November 30, 2016. Upon
expiration of the initial term, this MOU shall be automatically renewed for successive one-year
terms, each commencing on the first day folbwing the date on which the preceding initial term
or renewal term shall have expired.
I do not recommend a Work Session. I recommend approval of this MOU.
Approve Request
BOCC A nda Work Session
Sean Conway
Steve Moreno ry _
Barbara Kirkmeyer _
Mice Freeman M'
Julie Cozad
Pass-Around Memorandum; December 16, 2015 -Contract iD#336 Plno I
2016-0237
`��D -44R 00%1-
MEMORANDUM OF UNDERSTANDING(MOU) BETWEEN
THE COUNTY OF WELD,STATE OF COLORADO AND NORTH RANGE BEHAVIORAL HEALTH
REGARDING CRISIS SERVICES
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This Memorandum of Understanding("MOU"or"Agreement")is entered into thispD day
201/a, by and between the County of Weld, a body corporate and politic of the
Sta of Colors , by and through its Board of County Commissioners, who address is 1150"O"
Str t,Greeley,Colorado 80631,hereinafter referred to as"County"and North Range Behavioral
Health, a Colorado nonprofit corporation, who address is 1300 North 17th Avenue, Greeley,
Colorado 80631, hereinafter referred to as "North Range". Each signatory to this MOU may be
referred to as a "Party,"and collectively as"Parties."
WHEREAS, Colorado Department of Human Services, Office of Behavioral Health has
implemented the Colorado Crisis Support System in Northeastern Colorado by contracting with
Northeast Behavioral Health, and
WHEREAS, Northeast Behavioral Health has entered into a contract with North Range to
be the Crisis Response Provider in Weld County, Colorado, and
WHEREAS, North Range is the community behavioral health center that provides a
continuum of crisis services, and
WHEREAS, Weld County Department of Human Services ("DHS") is the Human Service
Department in Weld County, Colorado, and
WHEREAS, North Range and DHS wish to provide quality support and intervention for
individuals served by DHS that experience behavioral health crisis, and
WHEREAS, the Parties desire to enter into an agreement that clearly identifies the roles
and responsibilities of each Party with respect to crisis response initiatives.
NOW, THEREFORE, in consideration of the mutual promises and conditions herein
contained,the Parties agree as follows:
ARTICLE
TERM AND TERMINATION
1.1 Initial Term. The initial term of this MOU shall be from December 15, 2015 until
November 30, 2016 ("initial term"), unless earlier terminated in accordance with Section 1.3.
1.2 Automatic Renewal. Upon expiration of the Initial Term, this MOU shall be
automatically renewed for successive one-year terms, each commencing on the first day
following the date on which the preceding initial term or renewal term shall have expired. Each
Party reserves the right to elect not to renew the MOU.
1.3 Termination. Notwithstanding any other provision in this MOU,this MOU may be
terminated on the first to occur of the following:
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(a) Either Party may terminate this MOU, with or without cause and with or
without providing reasons for termination, upon giving the other Party
ninety(90)days' prior written notice.
(b) Either Party may terminate this MOU for breach upon giving the other
Party thirty (30) days' prior written notice of intent to terminate and a
description of the specific breach of the MOU. If the breaching Party has
not cured the breach by the end of the thirty-day notice period, this MOU
shall terminate immediately at the expiration of the thirty-day period.
ARTICLE II
MUTUAL GOALS AND DESIRED OUTCOMES
2.1 Mutual Goals. The Parties agree that their mutual goals are to work in good faith
to ensure individuals served by DHS that are experiencing a behavioral health crisis receive
needed services and resources:
(a) Develop and maintain current and thorough working protocol documents
outlining:
i. The circumstances in which crisis services are accessed, both walk-in
and mobile,
ii. The ways in which crisis services can be accessed, and
iii. Roles of each party in disposition planning and implementation of said
plan.
(b) Ensure that the elements of Crisis Services will provide:
i. Access to crisis assessments in a seamless manner where
determination of the type, extent and nature of the crisis are made,
ii. Ensure crisis interventions occur adequately to address the crisis
situation,
iii. Assist individuals served in accessing necessary resources through
coordination of efforts and development of protocols, and
iv. Provide crisis follow-up that will increase the likelihood that the
individual is linked to ongoing resources and reduces the likelihood
that the crisis situation continues or re-occurs.
2.2 Desired Outcomes. Specific clinical outcomes include but are not limited to the
following:
(a) Improved access to resources that address behavioral health crisis;
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(b) Increased community-based options for managing behavioral health crisis
of individuals served by DHS thus preventing unnecessary out-of-home
placement; and
(c) Increased engagement in appropriate services to reduce the likelihood of
reoccurrence of crises.
ARTICLE III
RESPONSIBILITIES
3.1 Responsibilities of North Range. North Range shall undertake the following:
(a) Respond to requests for emergency and/or crisis situations of individuals
served by DHS with evaluation, intervention and post crisis planning in
accordance with the agreed upon protocol document,
(b) Involve OHS staff in planning process when the individual is the legal
responsibility of DHS in accordance with the agreed upon protocol document,
and
(c) Refer individuals not currently involved with DHS to appropriate DHS
resources such as financial assistance, Adult and Child Protection, and other
intervention resources indicated by the presentation of the individual.
3.2 Responsibilities of County. County shall undertake the following:
(a) Access North Range staff assistance when behavioral health emergency
and/or crisis situations arise in accordance with the agreed upon protocol
document, and
(b) Actively participate in post crisis planning and placement decisions when
the individual is the legal responsibility of DHS in accordance with the
agreed upon protocol document.
ARTICLE IV
FUNDING
4.1 Exchange of Funds. This MOU does not include the reimbursement or exchange
of funds between the two Parties.
4.2 Billing and Collection. Each Party is solely responsible for billing and collecting all
payments for professional services from appropriate third party payers and funding sources.
Each Party agrees to assist the other in the collection of necessary billing information.
Page3of7
ARTICLE V
CONFIDENTIALITY
5.1 Health Insurance Portability and Accountability Act (HIPAA). The Parties may
receive from or create on behalf of each other certain health or medical information ("Protected
Health Information" or "PHI," as defined in 45 C.F.R. Section 164.501) in connection with the
performance of this Agreement. Use of disclosure of this PHI is subject to protection under state
and federal law, including the Health Insurance Portability and Accountability Act of 1996, Public
Law 104-191 ("HIPAA") and regulations promulgated thereunder by the U.S. Department of
Health and Human Services("Regulations"). The Parties specifically agree that they will take such
action as is necessary to implement the requirements of HIPAA, the Regulations, and other
applicable laws relating to the security and confidentiality of PHI.
5.2 Confidentiality. The Parties shall be bound by Federal Regulations(42 CFR, Part 2,
and 45 CFR 220) on confidentiality of Alcohol and Drug Abuse Patient records, and any relevant
state laws as they relate to receiving,storing,or exchange of client information. However,North
Range is advised that as a public entity, County must comply with the provisions of C.R.S. § 24-
72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all
documents.
5.3 The Parties understand and agree that all information and records related to
patients are privileged and confidential. To the extent provided by law,the Parties agree to keep
confidential and not disclose patient identifiable information to any third party without the prior
written consent of the covered individual.
The Parties agree that during and after the term of this MOU, they will keep
confidential all clinical records, including but not limited to all statistical data, reports and
standards,and any financial information relating to this MOU.
ARTICLE VI
LIABILITY AND INSURANCE
6.1 Liability. Each Party shall be solely liable for any and all claims,costs,and expenses
arising from or out of any act or omission in the performance of its obligations hereunder.
6.2 Insurance. Each Party shall maintain such policies of general and professional
liability insurance as shall be necessary to insure it, its Board of Directors, and its employees
against any claim or claims for damages arising by reason of an act or omission in the
performance of its respective obligations hereunder. Such policies shall be carried in amounts of
not less than $1,000,000 per occurrence. Each Party shall further maintain workers'
compensation and unemployment compensation policies for its employees.
Page 4 of 7
ARTICLE VII
GENERAL PROVISIONS
7.1 Assignment. Neither Party shall have any right to assign the benefits or delegate
the obligations contained in this Agreement without the prior written consent of the other Party.
Any attempt at assignment without the prior written consent of the other Party shall be void.
Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the
Parties and their respective heirs, successors, legal or personal representatives, and permitted
assigns.
7.2 Relationship between North Range and County. None of the provisions of this
Agreement is intended to create, nor shall they be deemed or construed to create, any
relationship between North Range and County other than that of independent entities
contracting solely for the purposes of effecting the provisions of this Agreement. In addition,
nothing contained herein shall be construed to create any partnership, agency, or employment
arrangement whatsoever between North Range and County.
7.3 Notices. Any notice required to be given in writing under this Agreement shall be
given by either hand delivery, or by registered mail, return receipt requested, directed to the
respective Party at its last known address. The date of the notice shall be deemed to be the date
of hand delivery or upon receipt, as evidenced by the date of delivery indicated on the return
receipt:
If to North Range: Larry D. Pottorff
Executive Director
North Range Behavioral Health
1300 N. 17th Avenue
Greeley, CO 80631
If to County: Judy A. Griego
Director of Human Services
315 North 11th Avenue
P.O. Box A
Greeley, CO 80632
7.4 Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Colorado.
7.5 Entire Agreement. This Agreement constitutes the entire understanding and
agreement between the Parties with respect to its subject matter and supersedes all prior
agreements or understandings, whether written or unwritten, with respect to the same subject
matter.
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7.6 Amendment. This Agreement may not be amended or modified except by a
written instrument executed by all Parties.
7.7 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.
7.8 Headings. The headings contained in this Agreement are inserted solely for the
ease of reference and shall not in any way affect the meaning or interpretation of this Agreement.
7.9 Waiver of Breach. The waiver by any Party of a breach or violation of any provision
of this Agreement shall not operate as,or be construed to be, a waiver of any subsequent breach
of the same or any other provision hereof.
7.10 No Indemnification. Each Party will be responsible for its own acts or omissions
that result in injury or damage to individuals or property that arise as a consequence of the
Party's performance of this Agreement whether or not as a result of negligence. This provision
shall survive the termination of this Agreement.
7.11 Compliance with Law. Each party 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.
7.12 Non-Exclusive Agreement. This Agreement is nonexclusive and County may
engage or use other Contract Professionals or persons to perform services of the same or similar
nature.
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IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day,
month, and year first above written.
ATTEST: W.404444) G. O•GC, BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board WELD COUNTY, COLORADO
BY: /0. -! r. lip! T 1 �.16
/Oil a` Mike Freeman, Chair JAN 2 0 20t6
�1 APPROVED AS TO SUBSTANCE:
‘4,40ri'lry
ted Offi ial or Dep tment H ad
NORTH RANGE BEHAVIORAL HEALTH,
a Colorado nonprofit corporation
By:
Larry . Pott f Executive Dire o
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