HomeMy WebLinkAboutC02-263 Colorado West Regional Mental HealthPURCHASE OF SERVICE CONTRACT - NINE COUNTY REGIONAL AGREEMENT
CORE SERVICES PROGRAM - MENTAL HEALTH
THIS PURCHASE OF SERVICE CONTRACT for Core Services (this
"Agreement") made by and between the Boards of County Commissioners
of Garfield County, Eagle County, Grand County, Jackson County,
Moffat County, Pitkin County, Rio Blanco County, Routt County and
Summit County, State of Colorado (collectively "BOCCs" and
individually "BOCC") and Colorado West Regional Mental Health Inc.,
a Colorado Corporation, whose address is 6916 Highway 82, Box A,
Glenwood Springs, Colorado 81602, and whose tax identification
number is 84-0625890 ("Contractor").
WHEREAS, BOCCs are mandated to provide Core Services, through
their County Departments of Human Services/Social Services (""County
Departments"), by the Human Services Code, § 2 6-1-101, et seq.,
C.R.S. as amended and the Colorado Childrens' Code 19-3-208,
C.R.S. as amended; and
WHEREAS, Contractor is engaged in the business of providing
mental health services and is willing to provide such services in
a nine county region; and
WHEREAS, BOCCs desire to engage the Contractor to render
certain mental health services.
NOW THEREFORE, in consideration of the premises and the
obligations, agreements, and promises contained herein, the parties
agree as follows:
1. SCOPE OF SERVICES. The Contractor agrees to provide
mental health services, including but not limited to psychiatric
and psychological assessments, individual therapy, family and group
therapy, crisis counseling, medication management, psycho -
educational services, and case management to clients determined to
be eligible in the nine county area governed by the BOCCs, in
accordance with State Department of Human Service regulations. 12
CCR 2509-4, § 7.303, as amended. Such services shall be provided
at designated offices in Eagle, Garfield, Pitkin, and Summit
Counties ("4-county Group") and in Grand, Jackson, Moffat, Rio
Blanco, and Routt Counties ("5-county Group"), at clients' homes
and at other locations, as approved by the BOCCs or any one of them
or their designated representative (s) , as stated in Paragraph 14,
below. The services provided shall be as described in State
Department of Human Services regulations, 12 CCR 2509 -4, Section
7.303.1, as amended, and in that certain State Department of Human
Services County Core Services Plan, executed by the Garfield County
BOCC on April 25, 2002. Services shall be provided in a
satisfactory and proper manner, as determined in the sole
discretion of the BOCCs. Contractor shall provide the BOCCs with
reports on its provision of services as follows:
t
a. Within four (4) weeks of initiation of services,
Contractor shall submit a treatment plan for the
identified client with specific treatment objectives and
target dates. The treatment is subject to BOCCs'
approval, through their designated representatives as
specified in Paragraph 14, below.
b. Contractor shall provide reports for each identified
client, including progress assessment and identification
of barriers to achieving treatment objectives, at
intervals of three (3 ) months from the time of initiation
of services.
2. COUNTY RESPONSIBILITIES. BOCCs, through their County
Departments, shall:
a. Determine client eligibility.
b. Provide Contractor with written authorization for
provision of services.
C. Provide Contractor with appropriate referral
information, such as name, address, and social, medical
and educational information as appropriate to the
referral.
3. TERM OF AGREEMENT. The term of this Agreement shall
begin, retroactively, on June 1, 2002, and shall terminate on May
31, 2003, no matter the date of execution.
4. COMPENSATION.
a. Amount and method of payment. For performance of
the scope of services set forth in Paragraph 1, above,
Garfield BOCC shall pay the Contractor Ten Thousand Seven
Hundred Eight Dollars and Fifty -Five Cents ($10,708.55)
per month, on or before the last day of each month for
services provided in the 4-county Group and Moffat BOCC
shall pay the Contractor Ten Thousand Seven Hundred Eight
Dollars and Fifty -Five Cents ($10,708.55) per month, on
or before the last day of each month for services
provided in the 5-county Group. The monthly compensation
amount reflects a three percent (3%) administrative
retainage by Garfield BOCC and Moffat BOCC.
b. Contractor's submittals. Contractor shall submit a
statement, including a summary invoice and case specific
service records in a timely manner. In no event shall
the submission of service records occur later then forty-
five (45) days after the provision of service. Summary
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statements shall be due quarterly.
C. No fee -for -service. Contractor shall not charge
clients fees related to the services provided under this
Agreement. Compensation in accordance with this
Agreement represents full payment of fees for services
provided to clients under terms of this Agreement.
d.� Not to exceed. In no event shall the compensation
paid under this Agreement over the contract term exceed
Two Hundred Sixty- four Thousand, Nine Hundred Ninety- Five
Dollars ($264,995.00) for all services provided to all
referred clients in the nine county region, with fifty
per cent ( 50 o ) of the total allocated to Contractor by 4-
county Group and fifty per cent (50%) allocated to
Contractor by the 5-county group-
S
. FUNDING CONTINGENCY. In accordance with §29-1-110,
C.R.S., as amended, the BOCCs are not authorized to expend monies
which have not been appropriated. Payment pursuant to this
Agreement is subject to and contingent upon funds being
appropriated, budgeted and otherwise made available by the BOCCs,
the State of Colorado, and/or federal funding sources, as*
applicable to this Agreement.
6. INDEPENDENT CONTRACTOR. The Contractor shall provide the
services identified in Paragraph 1, above, as an independent
contractor providing supervision of its employees, agents and
subcontractors. The Contractor represent that it has or will
secure at its own expense all personnel required to perform the
scope of services identified in Paragraph 1, above. Contractor
shall ensure that its personnel are professionally licensed, as
required by law, and meet applicable State Department of Human
Services qualification requirements. Contractor's' employees,
agents and subcontractors are not employees or agents of the BOCCs
or any of them and do not have a contractual relationship with the
BOCCs or any of them. Neither the Contractor, nor any of
Contractor's employees, agents or subcontractors shall be entitled
to any benefits or attributes of employment by the BOCCs or any of
them, including without limitation workers compensation or health
insurance coverage.
7. SUBCONTRACT AND ASSIGNMENT.
a. General. Contractor shall not subcontract with
another individual or entity for performance of the
services described in Paragraph 1, above, and shall not
assign or otherwise transfer its rights or delegate its
obligations under this Agreement without the prior
approval of the BOCCs.
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b. Individual case basis. In the event that Contractor
cannot provide an eligible client with mental health
services, as deemed adequate by the referring County
Department Director, Contractor shall purchase the
services on a subcontract basis. Within two (2 ) weeks of
such a referral, Contractor, through its local Program
Directors, shall consult with the referring county
Department Director of his/her authorized representative
regarding alternative treatment resources and resolve
disputes, if any, regarding subcontracted services.
County Department Directors shall have final authority
over the purchase price of subcontracted services and the
selection of the alternate service provider. Any such
subcontracting, however, shall not exceed the total
contract amount stated in Paragraph 4 (d), above.
Subcontracting on an individual case basis shall be
approved by the signature of the County Department
Director or his/her authorized representative on the name
County Department's referral form.
8. INFORMATION, AUDITS AND INSPECTIONS. At such times and
in such forms as the BOCCS or any of them may require, Contractor
shall furnish statements,, records, reports, data and information
pertaining to the matters covered by this Agreement. At any time
during normal business hours and as often as the BOCCS or any of
them may deem necessary, Contractor' shall make available for
examination and audit by the BOCCs or any of them and the State
Department of Human Services or authorized representatives thereof,
all of the Contractor's records, materials, reports, information
and data with respect to matters covered by'this Agreement. All
such information shall be maintained by Contractor for a period of
seven ( 7 ) years after final payment is made to the Contractor under
this Agreement.
9. INDEMNIFICATION. The Contractor shall indemnify, hold
harmless and defend the BOCCs and each of them and their employees,
agents, and officers, acting officially or otherwise, from and
against any and all claims, damages, liability and proceedings of
any kind, including attorneys fees, arising out of this Agreement,
other then those resulting from the negligence or willful
misconduct of the BOCCs or any of them, their employees, agents, or
officers.
10. INSURANCE. Contractor shall maintain insurance with
companies authorized to do business in Colorado, on forms
satisfactory to the BOCCs, in the following coverage amounts:
a. GENERAL LIABILITY: $150,000.00 per person, $600,000.00 per
occurrence.
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b. AUTOMOBILE LIABILITY: $150,000.00 per person, $600,000.00 per
occurrence.
C. WORKERS COMPENSATION: As required by Colorado Law.
d. PROFESSIONAL MALPRACTICE INSURANCE: Joint and several,
covering Contractor and its personnel, in a minimum amount of
$3,000,000.
Contractor shall name each of the BOCCs as additional insureds on
the general and automobile liability policies. Contractor shall
deliver copies of policies or Certificates of Insurance to the
appropriate BOCC within a reasonable time after execution of this
Agreement and on each policy renewal date.
11. COMPLIANCE WITH LAWS. The Contractor shall comply with
all laws, ordinances, codes and regulations of the federal, state,
and local government applicable to this Agreement. Without
limiting the generality of this Paragraph 11, Contractor, in its
performance under this Agreement: W shall maintain client
confidentiality, including confidentiality of records, in
accordance with state and federal law, rules and regulations; and
(2) shall not discriminate against any person on the basis of race,
color, national origin, religion, sex, age or handicap. Any fines
paid or expenses incurred by the BOCCs or any of them, due to
Contractor's violation of applicable law or regulation, shall be
reimbursed to the payor by the Contractor.
12. MUTUAL TERMINATION FOR CONVENIENCE. BOCCs and Contractor
may terminate this Agreement, without cause and for convenience,
upon thirty (3.0) days written notice to the non -terminating party.
Upon such termination.. Contractor shall be entitled to compensation
for services performed prior to the date of termination.
13. BOCCs' TERMINATION FOR CAUSE. If the Contractor fails to
fulfill its obligations under this Agreement in a timely and proper
manner, as determined by the BOCCs, or if the Contractor violates
any of the terms or provisions of this Agreement, the BOCCs shall
have the right, in their sole discretion, to terminate this
Agreement by giving written notice to the Contractor at least
fifteen (15) days before the effective date of the termination. In
such event, Contractor shall be entitled to receive just and
equitable compensation for work satisfactorily completed prior to
termination. Contractor shall not, however, be relieved of
liability to the BOCCs for damages sustained by the BOCCs by virtue
of any breach of this Agreement by the Contractor. The BOCCs may
withhold payments due to the Contractor for the purpose of set-off
until such time as the exact amount of damages due the BOCCs from
Contractor is determined.
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14. CONTRACT ADMINISTRATOR AND CONTACT PERSON. Lynn Renick,
Garfield County Department, and Marie Peer, Moffat County
Department, for the 4-county Group and the 5-county Group,
respectively, are the BOCCs' contact persons regarding contract
administration and performance of the services described in
Paragraph 1, above. The contact person for the Contractor for the
4-county Group is Michael Lucid and for the 5-county Group, Robert
White. As to an issue regarding an individual county, the contact
-person shall be the County Department Director or his/her
designated representative.
15. AMENDMENT. Any mutually agreed upon amendment, including
without limitation any change in the scope of services, whether or
not resulting in an increase or decrease in the amount of
compensation, shall be incorporated in a written amendment to this
Agreement. Amendments shall be executed with the same formality as
this Agreement, except as to change of address or name of contact
person. Address and contact information shall not be considered an
amendment to this Agreement and notice of such may be given by way
of regular mail, telephone, or facsimile transmission.
16. NOTICE. Notices required under this Agreement, other
than changes in address or contact information, shall be delivered
by way of certified mail, return receipt requested, to the
addresses for signatories, written below.
17. CONTROLLING LAW. This Agreement shall be governed by the
laws of the State of Colorado and venue for any action arising out
of or relating to performance of this Agreement shall be in
Garfield County or Moffat County, as appropriate.
18. SEVERABILITY . If any term or provision of this Agreement
is declared invalid or becomes inoperative for any reason, such
invalidity or failure shall not affect the validity of any other
term or provision.
19. AUTHORIZATION. Each of the individuals signing below
affirms that he/she is properly authorized to execute this
Agreement on behalf of the governmental agency or private entity
party to this Agreement.
20. INTEGRATION. The entire agreement of the parties is
encompassed within this Agreement. No other oral or written
representation or agreement shall be of any force or effect.
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IN WITNESS WHEREOF the parties hereto have executed this
document.
ATTEST:
Garfield County Clerk
APPROVED:
Garfield County Department of
Social Services, or Designee
Bv:
Lynn Renick, Director
P.O. Box 850
Glenwood Springs, CO
81602
ATTEST:
Grand County Clerk
ATTEST:
Jackson County Clerk
APPROVED:
Grand County and Jackson County
Department of Social Services,
or Designee
By:
Phillip Maes, Director
Address:
BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY, COLORADO
By.
John Martin, Chair
Date:
BOARD OF COUNTY COMMISSIONERS
GRAND COUNTY, COLORADO
By:
Chair
Date:
BOARD OF COUNTY COMMISSIONERS
JACKSON COUNTY, COLORADO
By:
Chair
Date:
Nine -County Regional Mental Health - Core Services
PURCHASE OF SERVICE CONTRACT 7
Colorado West / West Slope Options (Men(al Health)
ok f-AGt& c
ATTEST:
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Eagle County Clerk
APPROVED:
Eagle County Department of
Health & Human Services, or
Designee
By.
Kathleen L. Fornash,
Director
Address:
ATTEST:
Pitkin County Clerk
APPROVED:
Pitkin County Department of
Social Services, or Designee
By:
Kate Jangula, Director
Address:
ATTEST:
Rio Blanco County Clerk
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BOARD OF COUNTY COMMISSIONERS
EAGLE COUN COL DO
By:
Chair
Date:
BOARD OF COUNTY COMMISSIONERS
PITKIN COUNTY, COLORADO
By.
Chair
Date:
BOARD OF COUNTY COMMISSIONERS
RIO BLANCO COUNTY
By:
Date:
, Chair
1wmoo/
1%wr�
APPROVED:
Rio Blanco County Department of
Social Services, or Designee
By:
Bonnie Ruckman, Director
Address:
ATTEST:
Routt County Clerk
APPROVED:
Routt County Department of
Social Services, or Designee
By:
Robert White, Director
Address:
ATTEST:
Summit County Clerk
APPROVED:
Summit County Department of
Social Services, or Designee
By:
Susan Gruber, Director
Address:
BOARD OF COUNTY COMMISSIONERS
ROUTT COUNTY, COLORADO
LIM
Chair
Date:
BOARD OF COUNTY COMMISSIONERS
SUMMIT COUNTY, COLORADO
By:
Chair
Date:
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BOARD OF COUNTY COMMISSIONERS
ATTEST: MOFFAT COUNTY, COLORADO
Moffat County Clerk
APPROVED:
Moffat County Department of
Social Services, or Designee
By:
Marie Peer, Director
Address:
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PURCHASE OF SERVICE CONTRACT
Colorado West I West Slope Options (Mental Health) 10
, Chair
Date:
CONTRACTOR:
By:
Ken Stein,
Executive Director,
Colorado West Regional
Mental Health, Inc.
Address: 6916 Highway 82,
Box A
Glenwood Springs, CO
81601
Date:
