HomeMy WebLinkAboutC18-344 Roaring Fork School District1
AGREEMENT BETWEEN
EAGLE COUNTY, COLORADO
AND
ROARING FORK SCHOOL DISTRICT
FOR FUNDING OF MENTAL HEALTH COUNSELORS
FOR ROARING FORK SCHOOL DISTRICT
THIS INTERGOVERNMENTAL AGREEMENT (“Agreement”) is effective as of
__________________, between Eagle County, Colorado acting by and through its Board of
County Commissioners (“County”) and the Roaring Fork School District ("District")(collectively
the "Parties").
RECITALS
WHEREAS, this Agreement is entered into pursuant to C.R.S. §§ 29-1-201, et seq., and Article
XIV, Section 18 of the Colorado Constitution; and
WHEREAS, the County and the District desire to increase access to clinical mental health and
substance abuse services for all students in the District through the provision of full-time school-
based mental health counselors (the "Project"); and
WHEREAS, the District has agreed to contract with a minimum of one full-time mental health
counselor to provide clinical and mental health and substance abuse services to all students
attending public or private schools in the District; and
WHEREAS, the County desires to support this initiative by providing funding to the District for
use in paying the direct costs associated with the hiring of such mental health counselors; and
WHEREAS, in exchange for such funding the District has agreed to contract with the mental
health counselors on the terms and conditions set forth in this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the terms and covenants stated herein, the sufficiency
of which is hereby acknowledged, County and the District agree as follows:
SECTION 1
Terms of Funding
1.1 The District agrees to contract with a minimum of one full-time mental health counselor
("Mental Health Counselor(s)") to provide clinical and mental health and substance abuse
services to all students attending public or private schools in the District in accordance with the
terms, deliverables and deadlines set forth on Exhibit A, attached hereto and incorporated herein.
The Mental Health Counselor(s) shall be onboarded for placement no later than December 1,
2018.
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11/27/2018
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1.2 The County has agreed to provide funding to the District an amount not to exceed $80,000
("Project Funds") for payment of direct costs associated with the District's hiring of the Mental
Health Counselor(s). The Project Funds shall not be used for indirect costs or insurance costs
and no more than 5.5% of the Project Funds may be used for the District's general operating
expenses. An estimated annual operating budget for the Project is set forth at Exhibit A.
1.3 Funds will be disbursed to the District on a quarterly basis in four equal installments of
$20,000. Upon execution of this Agreement, the District will submit an invoice to the County
for $20,000 to cover the initial direct costs associated with the hiring and onboarding of the
Mental Health Counselor(s). Thereafter, the District will submit invoices to the County at the
end of each quarter for equal installments of $20,000 to cover direct costs associated with the
services performed by the Mental Health Counselor(s) for the prior quarter. All invoices shall
include detail regarding the hours spent, tasks performed, who performed each task and such
other detail as County may request. However, nothing in this Agreement shall require the
District to transmit to the County information protected by the Family Educational Rights and
Privacy Act (FERPA) or the Health Insurance Portability and Accountability Act (HIPAA).
1.4 The County will disburse funds to the District within thirty (30) days of receipt of a proper
and accurate invoice. All invoices must be emailed to phinvoices@eaglecounty.us to ensure
proper payment.
1.5 County will not withhold any taxes from funds disbursed to the District and the District
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.
1.6 All funds disbursed under this Agreement shall be or have been expended solely for the
purpose for which granted, and any funds not so expended, including funds lost or diverted for
other purposes, shall be returned to the County. The District shall provide the County with
progress reports upon County’s request; or Contractor shall furnish progress reports as more
specifically set forth in the attached Exhibit A.
1.7 The Parties acknowledge that the Mental Health Counselor(s) will be contractors of the
District and that the County is only responsible for disbursing payments to the District from
funds appropriated and budgeted for this Project. The Parties acknowledge that the County is not
responsible for and shall not be required to make any payments which may become due to the
Mental Health Counselor(s) pursuant to the terms of their respective agreements with the
District.
SECTION 2
Term
2.1 Subject to Section 4 hereof, this Agreement shall commence on the date and year first written
above and shall continue for a twelve-month period.
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2.2 This Agreement may be extended for three (3) additional one-year periods (each a "Renewal
Period") on terms and conditions agreed to by the Parties. An amendment will be prepared for
each Renewal Period to reflect the Parties agreement as to any funding for the Project and the
terms of such funding.
SECTION 3
Books and Records
3.1 The District agrees to maintain comprehensive, complete and accurate records and accounts
of its use of the Project Funds under this Agreement for a period of three (3) years following
expiration or termination, which period shall be extended at the County’s reasonable
request. The County, and its authorized agents and representatives, shall have the right within
such period to inspect such books, records and documents upon advance written notice. The
District agrees to fully cooperate during such audit or inspections.
SECTION 4
Termination
4.1 Either Party may terminate this Agreement, in whole or in part, at any time and for any
reason, with or without cause, and without penalty therefore with 30 calendar days’ prior written
notice to the other. Upon termination of this Agreement, the District shall immediately provide
County with all documents required by Exhibit A. In the event of such termination, the County
shall disburse Project Funds for deliverables satisfactorily performed to the date of termination.
SECTION 5
Appropriations
5.1 Notwithstanding anything to the contrary contained in this Agreement, County shall have no
obligations under this Agreement after, nor shall any payments be made to the District in respect
of any period after December 31 of any year, without an appropriation therefor by the County in
accordance with a budget adopted by the Board of County Commissioners in compliance with
Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S.
29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20).
5.2 No provision of this Agreement shall be construed or interpreted as creating a multiple fiscal
year direct or indirect debt or other financial obligation of the County within the meaning of any
constitutional or statutory debt limitation.
SECTION 6
Independent Status
6.1 Nothing contained in this Agreement shall be deemed to create a relationship of employer-
employee, master-servant, partnership, joint venture or any other relationship between the
County and the District. Neither Party shall have the authority to bind the other.
SECTION 7
Insurance
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7.1 The District and the County shall respectively provide their own public liability, property
damage, and errors and omissions insurance coverage as each party may deem adequate and
necessary for any potential liability arising from this Agreement. The District and the County
shall each name, subject to the approval of each respective party's insurance carriers, the other
party as a co-insured under such insurance policies to the extent of any potential liability arising
under this Agreement and, upon reasonable written request, shall furnish evidence of the same to
the other party.
SECTION 8
Governmental Immunity
8.1 Nothing in this Agreement shall be construed to waive, limit, or otherwise modify any
governmental immunity that may be available by law to the District or to the County and their
respective officials, employees, contractors, or agents, or any other person acting on behalf of the
District or the County, and, in particular, governmental immunity afforded or available pursuant
to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised
Statutes.
SECTION 9
Disputes and Jurisdiction
9.1 This Agreement shall be interpreted in accordance with the laws of the State of Colorado and
the parties agree to submit to the exclusive venue and jurisdiction of the 5th Judicial District in
the County of Eagle, State of Colorado.
SECTION 10
Notice
10.1 Any notice and all written communications required under this Agreement shall be given in
writing by personal delivery, facsimile, ground shipping or U.S. Mail to the other party at the
following addresses:
County:
Dana Erpelding
Deputy Director, Eagle County Public Health
500 Broadway
P.O. Box 850
Eagle, CO. 81631
Phone: (303) 917-8044
With a copy to:
County Attorney’s Office
500 Broadway
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PO Box 850
Eagle, CO 81631
Phone: (970) 328-8685
Fax: (970) 328-8699
District:
Rob Stein, Superintendent
Roaring Fork Schools
rstein@rfschools.com
1405 Grand Ave
Glenwood Springs CO 81601
Phone: 970.384.6002
Notices shall be deemed given on the date of delivery; on the date the facsimile is transmitted
and confirmed received or, if transmitted after normal business hours, on the next business day
after transmission, provided that a paper copy is mailed the same date; or three days after the
date of deposit, first class postage prepaid, in any official depository of the U.S. Postal Service.
SECTION 11
Miscellaneous
11 .1 This Agreement constitutes the entire Agreement between the parties related to its subject
matter. It supersedes all prior proposals, agreements and understandings, either verbal or written.
11 .2 This Agreement does not and shall not be deemed to confer upon or grant to any third party
any right enforceable at law or equity arising out of any term, covenant, or condition herein or
the breach hereof.
11 .3 Invalidity or unenforceability of any provision of this Agreement shall not affect the other
provisions hereof, and this Agreement shall be construed as if such invalid or unenforceable
provision was omitted.
11 .4 This Agreement may not be assigned by either party.
11 .5 This Agreement may be modified by a written amendment that is signed by all parties.
11.6 This Agreement may be executed in two or more counterparts, each of which shall be
deemed an original, but all of which shall constitute one and the same instrument. The parties
approve the use of electronic signatures for execution of this Agreement. Only the following two
forms of electronic signatures shall be permitted to bind the parties to this Agreement: (i)
Electronic or facsimile delivery of a fully executed copy of the signature page; (ii) the image of
the signature of an authorized signer inserted onto PDF format documents. All documents must
be properly notarized, if applicable. All use of electronic signatures shall be governed by the
Uniform Electronic Transactions Act, C.R.S. 24-71.3-101 to 121.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year
first above written.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
Board of County Commissioners
ATTEST: By: __________________________
Kathy Chandler-Henry, Chairman
_________________________
Regina O’Brien, Clerk to the
Board of County Commissioners
ROARING FORK SCHOOL
DISTRICT
By:_______________________
Title:______________________
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Supterintendent
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EXHIBIT A
Terms of Funding, Deliverables and Deadlines
Goal: Increase access to clinical mental health and substance abuse services for all students in
the Roaring Fork School District through the provision of full time school-based mental health
counselors.
Objective: The Roaring Fork School District ("District") will contract with a minimum of one
(1) full-time mental health counselor (individually or with an entity providing such services) to
provide clinical mental health and substance abuse services to all students attending public or
private schools in the school district in accordance with the terms, deliverables and deadlines
set forth in the this Agreement.
Deliverables Deadlines
1. The District will conduct a competitive bid
process for the selection of a minimum of one (1)
school-based mental health counselor
(individually or with an entity providing such
services) to provide clinical and substance use
services and support for youth attending any
school in the district. The mental health
counselor is not to be an employee of the District.
Mental health counselors are to be selected for
placement in High Schools, Middle Schools and
Elementary Schools based on skill and experience
for each age group.
The District will complete the
competitive bid process and have
mental health counselor services
under contract no later than
December 1, 2018.
The District will contract with a
minimum of four (4) mental health
counselors (individually or with an
entity providing such services) and
will onboard the mental health
counselors for placement in High
Schools, Middle Schools and/or
Elementary Schools no later than
Janury 1, 2019.
2. a. Mental health counselors supported by this
contract are to provide services to all public and
private school students, teachers and
administrators in the district
b. The District will ensure that the school-based
mental health counselors are responsible for:
i. Assessing and triaging each student who is self-
identified or identified by parents, administration,
teachers, counselors, or coaches as “at risk”.
ii. Determining one of three levels of care post-
assessment:
a) One-time assessment and diffusing of
The District will ensure that all
contracts for mental health services
include requirements and
responsibilities for mental health
counselors that are consistent with
the deliverables in this scope of
work. The District will share with
ECPHE a copy of all signed
contracts between the District and
each mental health counselor (or
entity providing such services) no
later than December 1, 2018.
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crisis at hand
b) Moderate crisis, but short-term, one or
two follow ups
c) High crisis and longer term therapy
needed
iii. Providing regular, solution focused therapy on
the school campus if long term therapy is needed
and/or referring the student to an outside provider
for ongoing treatment. This includes diagnostic
evaluation, individual, and family therapy and
peer support services to children and families in
need.
iv. Providing coordination and follow up of
services for continuity and closing gaps in the
mental health system.
v. Providing therapeutic support services will
approximately 90% of the time with the
remaining 10% of time spent at offsite meetings
or performing other obligations.
vi. Proactively coordinate medical care to link
patients to other providers in the mental health
system as needed. This includes coding formal
services for diagnosis and therapy in the student’s
electronic medical record.
vii. Meeting with students, teachers and
administration to provide services and facilitate
staff development as needed throughout the
contract period, including the provision of
services over the summer months with teachers,
administration and the district’s youth population
(5-18 years of age) as needed.
3. The provision of mental health services will be
evaluated through the collection of electronic
survey and data collection tools. All private and
public schools in the district are to participate in a
quarterly survey to evaluate the quality of mental
services provided. This includes an assessment of
school personnel and administration regarding the
status of their workload related to mental health
intervention and improved mental health culture
The District will ensure that all
teachers, administrators and
students in all private and public
schools in the District are invited
to participate in the electronic
mental health services survey
created by ECPHE during the
months of January 2019, April
2019, July 2019 and October 2019.
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as well as student knowledge of school-based
mental health services, how to access services,
and their readiness to access.
The District will forward the
electronic invitation to the
designated ECPHE point of contact
during each survey period.
ECPHE will provide survey results
to the District for each
participating school no later than
one month after the close of each
survey to enable the school district
to compare survey results to their
baseline data.
4. The District is to provide ECPHE with data four
times during the school year using an electronic
data collection tool provided by ECPHE to
include the following:
● The number of contact hours for each
counselor provided at each school in the
district per month
● The number of students seen by mental
health counselors at each school per
month
● Wait times for each visit (time from
referral from individual student, parent or
school personnel to the time that the
student is first seen by the counselor)
● Demographics for each visit including:
○ Age
○ Grade
○ Gender
○ New or repeat visit
○ If repeat visit, number of visits to
date
○ Level of risk
○ Diagnosis, if applicable
○ Treatment recommended
○ Referral, if applicable
○ Outcome
● HIPAA compliant stories to outline
successes and lives impacted
The District will use the online
data collection tool provided by
ECPHE to submit the required data
no later than January 15, 2019,
April 15, 2019, July 15 2019 and
October 15, 2019.
5. The District is to develop a sustainability plan to
independently fund mental health counselors as
proposed county supported funding decreases
over the next four years. The District is to
The District will provide a written
update on actions taken to secure
long-term funding for mental
health counselors to ECPHE no
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provide an update to the ECPHE and the Mental
Health Advisory Committee of actions taken to
secure long-term funding for mental health
counselors by the end of the contract period.
later than the end of this contract
period.
Basalt Schools-Based Mental Health Services
Annual Operating Budget
Salaries and Wages (1 Clinician) Average Salary $ 60,000
Taxes and Benefits (26%)
$15,600
Personnel Expense 1 clinician $75,600
General Operating Expenses
$4,400
Total Direct Expenses
$80,000
Net Billable Expenses
$80,000
(1) Salaries and Wages include the following positions:
1.0 Clinicians
(2) General Operating Expenses are estimated at 5.5% of Personnel Expenses and include client
expenses, operating supplies, medical records system inclusion for data and outcome gathering, and
other general operating expenses.
DocuSign Envelope ID: 7325CD83-5E6A-457A-9099-80D7E1D6A7AC
