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HomeMy WebLinkAboutC19-261 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")(together, 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 County and the District previously entered into a similar agreement dated November 27, 2018, which has been completed, and now wish to supersede such agreement; 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 two full-time mental health counselors ("Mental Health Counselor(s)") to provide clinical and mental health and substance abuse services to all students attending Basalt Middle School and Basalt High School in the District in DocuSign Envelope ID: 0D46F69F-1979-4277-A187-00F505E0C590 7/30/2019 2 accordance with the terms, deliverables and deadlines set forth on Exhibit A, attached hereto and incorporated herein. 1.2 The County has agreed to provide funding to the District an amount not to exceed $140,000 ("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 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 Basalt Middle School Mental Health Counselor. Thereafter, the District will submit invoices to the County at the end of each quarter for equal installments of $30,000 to cover direct costs associated with the services performed by the two Mental Health Counselors 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. DocuSign Envelope ID: 0D46F69F-1979-4277-A187-00F505E0C590 3 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 DocuSign Envelope ID: 0D46F69F-1979-4277-A187-00F505E0C590 4 Insurance 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 DocuSign Envelope ID: 0D46F69F-1979-4277-A187-00F505E0C590 5 500 Broadway 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, including the similar agreement between the parties dated November 27, 2018. 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. [Signature Page to Follow] DocuSign Envelope ID: 0D46F69F-1979-4277-A187-00F505E0C590 6 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: __________________________ Jeanne McQueeney, Chair _________________________ Regina O’Brien, Clerk to the Board of County Commissioners ROARING FORK SCHOOL DISTRICT By:_______________________ Title:______________________ DocuSign Envelope ID: 0D46F69F-1979-4277-A187-00F505E0C590 Supterintendent 7 EXHIBIT A Terms of Funding, Deliverables and Deadlines Goal: Increase access to clinical mental health and substance abuse services for students in the Roaring Fork School District through the provision of full time school-based mental health counselors in Basalt High School and Basalt Middle School. Objective: The Roaring Fork School District ("District") will contract with a minimum of two (2) full-time mental health counselors (individually or with an entity providing such services) to provide clinical mental health and substance abuse services to students attending Basalt Middle School and Basalt High School 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 two (2) 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 Basalt Middle School and Basalt High School in the district. The mental health counselors are not to be employed directly by the District. The District will complete the competitive bid process and have mental health counselor services under contract in Basalt Middle School and Basalt High School no later than August 31, 2019. 2. The District will ensure that the school-based mental health counselors are responsible for: a. Assessing and triaging each student who is self- identified or identified by parents, administration, teachers, counselors, or coaches as “at risk”. b. Determining one of three levels of care post- assessment: i) One-time assessment and diffusing of crisis at hand ii) Moderate crisis, but short-term, one or two follow ups iii) High crisis and longer term therapy needed c. 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. 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 throughout the duration of the contract period. DocuSign Envelope ID: 0D46F69F-1979-4277-A187-00F505E0C590 8 d. Providing coordination and follow up of services for continuity and closing gaps in the mental health system. e. Providing therapeutic support services will approximately 90% of the time with the remaining 10% of time spent at offsite meetings or performing other obligations. f. 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. g. 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. Basalt Middle School and Basalt High School are to participate in an annual 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 as well as student knowledge of school-based mental health services, how to access services, and their readiness to access. The District will ensure that all teachers, administrators and students in Basalt Middle School and Basalt High School are invited to participate in the electronic mental health services survey created by ECPHE. The District will forward the electronic invitation to the designated ECPHE point of contact during the contract period. ECPHE will provide survey results to the District to enable the school district to compare survey results to their baseline data. 4. The District is to provide ECPHE with data twice during the school year using an electronic data collection tool provided by ECPHE and/or the mental health provider to include the following: ● The number of contact hours for each counselor provided at each school in the The District will use the online data collection tool provided by ECPHE to submit the required data no later than January 31, 2020 and July 30, 2020 DocuSign Envelope ID: 0D46F69F-1979-4277-A187-00F505E0C590 9 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 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 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. The District will provide a written update on actions taken to secure long-term funding for mental health counselors to ECPHE no later than the end of this contract period. Basalt Schools-Based Mental Health Services Annual Operating Budget Personnel Expense Middle School Clinician $75,600 Personnel Expense Middle School Clinician $55,600 General Operating Expenses $8,800 Total Direct Expenses $140,000 Net Billable Expenses $140,000 DocuSign Envelope ID: 0D46F69F-1979-4277-A187-00F505E0C590 10 (1) Salaries and Wages include the following positions: one full-time mental health clinician in Basalt Middle School and one full-time mental health clinician in Basalt High School. (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: 0D46F69F-1979-4277-A187-00F505E0C590