HomeMy WebLinkAboutC22-022 Roaring Fork School DistrictDocuSign Envelope ID: B0399F87-4B5A-433F-B09D-107778A86371
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 1/20/2022
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 agreements dated
November 27, 2018, and January 20, 2021, which have been completed, and now wish to
supersede such agreements; 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
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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 $160,000
("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 County 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 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 phinvoicesnea leg c�ty.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 The District 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 the District 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, 2022.
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 County's reasonable request.
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, 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
County and the District. Neither Party shall have the authority to bind the other.
SECTION 7
Insurance
7.1 The District and 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 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 County and their
respective officials, employees, contractors, or agents, or any other person acting on behalf of the
District or 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:
Eagle County Public Health & Environment
Attention: Heath Harmon
551 Broadway
P.O. Box 660
Eagle, CO 81631
Phone: (970) 328-8400
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(a,rfschool s. 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 agreements between the parties.
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.
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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]
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DocuSign Envelope ID: B0399F87-4B5A-433F-B09D-107778A86371
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:
DocuSigned by:
By: Ina 0`15yiu&
Regina O'Brien,'MMM f'he Board
DocuSigned by:
By:
Matt Sch 81(7jTRjj8E0473--
ROARING FORK SCHOOL
DISTRICT
By. F�DocuSigned by:
b Sf6v,
Rob Stein, ffPfitMttL3nt
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DocuSign Envelope ID: B0399F87-4B5A-433F-B09D-107778A86371
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)
The District will continue to have
school -based mental health counselors
mental health counselor services
(individually or with an entity providing such
under contract in Basalt Middle
services) to provide clinical and substance use
School and Basalt High School.
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.
2. The District will ensure that the school -based
The District will ensure that all
mental health counselors are responsible for:
contracts for mental health services
include requirements and
a. Assessing and triaging each student who is
responsibilities for mental health
self -identified or identified by parents, administration,
counselors that are consistent with
teachers, counselors, or coaches as "at risk".
the deliverables in this scope of
work throughout the duration of
b. Determining one of three levels of care
the contract period.
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.
DocuSign Envelope ID: B0399F87-4B5A-433F-B09D-107778A86371
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
The District will ensure that all
evaluated through the collection of electronic
teachers, administrators and
survey and data collection tools. Basalt Middle
students in Basalt Middle School
School and Basalt High School are to participate
and Basalt High School are invited
in an annual survey to evaluate the quality of
to participate in the electronic
mental services provided. This includes an
mental health services survey
assessment of school personnel and
created by ECPHE. The District
administration regarding the status of their
will forward the electronic
workload related to mental health intervention
invitation to the designated
and improved mental health culture as well as
ECPHE point of contact during the
student knowledge of school -based mental health
contract period.
services, how to access services, and their
readiness to access.
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
The District will use the online
during the school year using an electronic data
data collection tool provided by
collection tool provided by ECPHE and/or the
ECPHE to submit the required data
mental health provider to include the following:
no later than January 31, 2023.
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• 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:
o Age
o Grade
o Gender
o New or repeat visit
o If repeat visit, number of visits to
date
o Level of risk
• Diagnosis, if applicable
• Treatment recommended
o Referral, if applicable
o Outcome
• HIPAA compliant stories to outline
successes and lives impacted
5. The District is to develop a sustainability plan to
The District will provide a written
independently fund mental health counselors as
update on actions taken to secure
proposed county supported funding decreases
long-term funding for mental
over the next four years. The District is to
health counselors to ECPHE no
provide an update to the ECPHE and the Mental
later than the end of this contract
Health Advisory Committee of actions taken to
period.
secure long-term funding for mental health
counselors by the end of the contract period.
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Basalt Schools -Based Mental Health Services
Annual
Personnel Expense I Middle School Clinician
Personnel Expense I Middle School Clinician
General Operating Expenses
Total Direct Expenses
Net Billable Expenses
$75,125
$75,125
$9,750
$160,000
$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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"
CSDSIP 1
%
Colorado School Districts
Self Insurance Pool
02/09/2021
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
0 : @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.
Member:
ROARING FORK SCHOOL DISTRICT RE-1
Attention:
Nathan Markham
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 &
$3,000,000
Employment Wrongful Act
Annual Aggregate Limit
$15,000,000
Medical Expense (Per Person/ Per Accident)
$1,000/$10,000
School Auto Coverage
Any Auto, Hired and Non -Owned
Limit Per Accident
$2,000,000
Medical Payments
Limit Per Person
$5,000
Auto Physical Damage Coverage
Auto Physical Damage Deductible
$500
Property Coverage
Special Form
Building/Business Personal Property Limit
$351,347,121
Property Damage To Premises Rented To You
$500 000
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.
Certificate Holder:
Cancellation: SHOULD THE ABOVE DESCRIBED POLICY BE CANCELLED
BEFORE THE EXPIRATION DATE, WE WILL ENDEAVOR TO MAIL 30 DAYS
RITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT
FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
Attn: Kim Goodrich
F ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
Email: kim.goodrich@eaglecounty.us
Authorized Representative
Eagle County Public Health
