HomeMy WebLinkAboutC21-053 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 1/20/2021
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 two full-time mental health
counselors 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 accordance
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C21-053
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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 $180,000
("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 The District will submit invoices to the County with $20,000 being invoiced upon execution
of this agreement and the remainder invoiced at the end of each quarter for equal installments of
$40,000 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.
1.8 Contractor acknowledges that this contract is funded by a local sales and excise tax. Taxes
may be variable and the tax generated may be less than what was budgeted. Should this occur,
Eagle County may be required to revise the scope of Services described in Exhibit A. The County
will provide you with 60 days notice under these circumstances.
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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 through December 31, 2021.
2.2 This Agreement may be extended for one (1) additional one-year period (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 two (2) 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.
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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
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:
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County:
Kim Goodrich
Mental Health Coordinator, Eagle County Public Health
500 Broadway
P.O. Box 850
Eagle, CO 81631
Phone: (970) 471-2579
With a copy to:
County Attorney’s Office
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.
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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]
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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
By: ______________________________
Matt Scherr, Chair
Attest:
By: _________________________________
Regina O’Brien, Clerk to the Board
ROARING FORK SCHOOL
DISTRICT
By: _____________________________
Name: Rob Stein
Title: Superintendent
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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 maintain a minimum of two (2)
school-based mental health counselors
(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 continue to have
mental health counselor services
under contract in Basalt Middle
School and Basalt High School.
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.
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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
district per month
The District will use the online
data collection tool provided by
ECPHE to submit the required data
no later than January 31, 2022.
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● 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
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Personnel Expense Middle School Clinician $75,125
Personnel Expense Middle School Clinician $75,125
General Operating Expenses $9,750
Total Direct Expenses $160,000
Net Billable Expenses $160,000
(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.
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Certificate of Coverage
) 303.722.2600
: www.csdsip.org
* 6857 South Spruce Street
Centennial, CO 80112
Toll-Free: 800.332.3556
Fax: 303.722.7888
: @CSDSIP
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 POLICY BELOW. THIS CERTIFICATE OF INSURANCE
DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER, AUTHORIZED REPRESENTATIVE, AND THE CERTIFICATE HOLDER.
02/09/2021
Member:ROARING FORK SCHOOL DISTRICT RE-1
Nathan MarkhamAttention:
Mailing Address:1405 GRAND AVENUE
GLENWOOD SPRINGS, CO 81601
Policy Number:2301-20-00158
Policy Period:07/01/2020 to 07/01/2021
THIS IS TO CERTIFY THAT THE COVERAGES LISTED BELOW HAVE BEEN ISSUED TO THE MEMBER 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 COVERAGES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS,
DEFINITIONS AND CONDITIONS OF SAID COVERAGE FORMS. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
Coverages Limits/Deductibles
School Entity Liability Coverage
Occurrence Form Each Occurrence, School Leaders Wrongful Act &
Employment Wrongful Act
$3,000,000
$15,000,000Annual Aggregate Limit
Medical Expense (Per Person/ Per Accident)$1,000/$10,000
School Auto Coverage
Limit Per Accident $2,000,000Any Auto, Hired and Non-Owned
Limit Per Person $5,000Medical Payments
Auto Physical Damage Coverage Auto Physical Damage Deductible $500
Property Coverage
Special Form Building/Business Personal Property Limit $351,347,121
$500,000Property Damage To Premises Rented To You
Description of Operations/Locations/Vehicles/Special Items
As respects to the Mental Health Clinicians at Basalt Middle School and Basalt High School, but only as respects to the Member's
negligence.
Cancellation: SHOULD THE ABOVE DESCRIBED POLICY BE CANCELLED
BEFORE THE EXPIRATION DATE, WE WILL ENDEAVOR TO MAIL 30 DAYS
WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT
FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
Authorized Representative
Certificate Holder:
Attn: Kim Goodrich
Email: kim.goodrich@eaglecounty.us
Eagle County Public Health
DocuSign Envelope ID: F16CF68E-FC94-4E21-9B55-ED4AA193DBBF
CSDSIPColoradoSchoolDistrictsSelfInsurancePool07/01/2021CertificateofCoverage303722.2600www.csdsip.org6857SouthSpruceStreetCentennial,CO80112Toll-Free:800.332.3556Fax:303.722.788800@CSDSIPTHISCERTIFICATEISISSUEDASAMATTEROFINFORMATIONONLYANDCONFERSNORIGHTSUPONTHECERTIFICATEHOLDER.THISCERTIFICATEDOESNOTAFFIRMATIVELYORNEGATIVELYAMEND,EXTENDORALTERTHECOVERAGEAFFORDEDBYTHEPOliCYBELOW.THISCERTIFICATEOFINSURANCEDOESNOTCONSTITUTEACONTRACTBETWEENTHEISSUINGINSURER,AUTHORIZEDREPRESENTATIVE,ANDTHECERTIFICATEHOLDER.Member:Attention:MailingAddress:PolicyNumber:PolicyPeriod:ROARINGFORKSCHOOLDISTRICTRE-iNathanMarkham1405GRANDAVENUEGLENWOODSPRINGS,CO816012301-21-0015807/01/2021to07/01/2022THISISTOCERTIFYTHATTHECOVERAGESLISTEDBELOWHAVEBEENISSUEDTOTHEMEMBERABOVEFORTHEPOLICYPERIODINDICATED.NOTWITHSTANDINGANYREQUIREMENT,TERMORCONDITIONOFANYCONTRACTOROTHERDOCUMENTWITHRESPECTTOWHICHTHISCERTIFICATEMAYBEISSUEDORMAYPERTAIN,THEINSURANCEAFFORDEDBYTHECOVERAGESDESCRIBEDHEREINISSUBJECTTOALLTHETERMS,EXCLUSIONS,DEFINITIONSANDCONDITIONSOFSAIDCOVERAGEFORMS.LIMITSSHOWNMAYHAVEBEENREDUCEDBYPAIDCLAIMS.CoveragesLimits/DeductiblesSchoolEntityLiabilityCoverageOccurrenceFormEachOccurrence,SchoolLeadersWrongfulAct&$3,000,000EmploymentWrongfulActAnnualAggregateLimit$15,000,000MedicalExpense(PerPerson!PerAccident)$1,000/$10,000SchoolAutoCoverageAnyAuto,HiredandNon-OwnedLimitPerAccident$2,000,000MedicalPaymentsLimitPerPerson$5,000AutoPhysicalDamageCoverageAutoPhysicalDamageDeductible$500PropertyCoverageSpecialFormBuilding/BusinessPersonalPropertyLimit$363,770,049PropertyDamageToPremisesRentedToYou$500,000DescriptionofOperations/Locations/Vehicles/SpecialItemsCertificateHolderhasbeenincludedasanAdditionalInsuredontheMember’sSchoolEntityLiabilityCoveragefor“bodilyinjury”,“personalinjury”or“propertydamage”causedbytheMember’snegligenceifrequiredbywrittencontractoragreementsubjecttothepolicytermsandconditionswithrespectstotheRoaringForkFamilyResourceCenter..ancellation:SHOULDThEABOVEDESCRIBEDPOLIC’BECANCELLEDCertificateHolder:EFOREThEEXPIRATIONDATE,WEWILLENDEAVORTOMAILDAYSIRI1TENNOTICETOThECERTIFICATEHOLDERNAMEDTOTHELEFT,BUTAlLURETOMAILSUCHNOTICESHALLIMPOSENOOBliGATIONORliABILITy’FANYKINDUPONThEINSURER,FtSAGENTSORREPRESENTATIVES...AuthorizedRepresentativeEagleCountyBoardofCommissionersEag,CO81631
