HomeMy WebLinkAboutC24-109 Roaring Fork School District_MH funding1
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 January 1, 2024
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, January 20, 2021, and January 20, 2022 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 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
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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 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 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.
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, 2024.
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.
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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.
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.
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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:
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:
Anna Cole, Interim Superintendent
Roaring Fork Schools
acole@rfschools.com
400 Sopris Ave
Carbondale, CO 81623
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.
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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]
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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 COUNTY MANAGER
By: ______________________________
Jeff Shroll, County Manager
ROARING FORK SCHOOL
DISTRICT
By: ______________________________
Anna Cole, Interim Superintendent
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EXHIBIT A
Terms of Funding, Deliverables and Deadlines
Goal I: 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 Ia: 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.
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
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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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 District will present to the Mental Health
Advisory Committee during the 2024 calendar year.
The presentation could include, but is not limited to,
the following information:
a. The number of contact hours for each
counselor provided at each school in the
district per month
b. The number of students seen by mental health
counselors at each school per month
c. 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)
d. Demographics for each visit including:
i. Age
ii. Grade
iii. Gender
iv. New or repeat visit
v. If repeat visit, number of visits to date
vi. Level of risk
vii. Diagnosis, if applicable
viii. Treatment recommended
ix. Referral, if applicable
x. Outcome
e. Written update on actions taken to secure
long-term funding for mental health
counselors to the MHAC
f. HIPAA compliant stories to outline successes
and lives impacted
Reporting is due at time of contractor
presentation, with presentation date to
be determined.
4. The District is to develop a sustainability plan to
independently fund mental health counselors as
proposed county supported funding decreases in
future years. The District is to provide an update to
The District will provide an update no
later than the end of this contract
period.
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the Mental Health Advisory Committee of actions
taken to secure long-term funding for mental health
counselors by the end of the contract period.
Goal II: Contractor will report progress specific to the funded project which show transparency
in use of funds, adherence to grant focus, and project purpose.
Objective IIa: Contractor will report budgetary, programmatic, and evaluation progress with MHAC,
point of contact being ECPHE staff member, at a minimum of one (1) occurrence throughout the
funding cycle, including one (1) presentation to the group taking place once during the contract period,
in adherence to transparency, participation, and project-specific expectations.
Deliverables Deadlines
1. Contractor will present contract progress to MHAC
during one (1) established meeting time during the
contract period. This presentation is to include key
indicators of the project, a minimum one (1) client
success story representative of funded project, and
additional supportive information.
One presentation during contract
period, with presentation date to be
determined.
1. Contractor will provide MHAC (via ECPHE staff
contact) with project-specific updates using both
narrative and indicator progress in written format.
Reporting template/format is flexible to contractor’s
discretion.
Due at time of contractor presentation,
with presentation date to be
determined.
1. Contractor will provide MHAC (via ECPHE staff
contact) with a budget update with specificity and
transparency in direct correlation with funded project.
The reporting template/format is flexible to
contractor’s discretion, with approval from MHAC
members.
Due at time of contractor presentation,
with presentation date to be
determined.
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Basalt Schools-Based Mental Health Services
Annual Operating Budget
Personnel Expense Middle School Clinician $65,125
Personnel Expense Middle School Clinician $65,125
General Operating Expenses $9,750
Total Direct Expenses $140,000
Net Billable Expenses $140,000
(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.
02/16/2024
Member:ROARING FORK SCHOOL DISTRICT RE-1
Nathan MarkhamAttention:
Mailing Address:400 Sopris Avenue
Carbondale, CO 81623
Policy Number:2301-23-00158
Policy Period:07/01/2023 to 07/01/2024
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 $1,000
Property Coverage
Special Form Building/Business Personal Property Limit $420,175,167
$500,000Property Damage To Premises Rented To You
Description of Operations/Locations/Vehicles/Special Items
Certificate Holder has been included as an additional insured on the Member's School Entity Liability Coverage for "bodily injury", "personal
injury" or "property damage" caused by the Member's negligence if required by written contract or agreement subject to the policy terms and
conditions with respect to the Member's partnership with the Certificate Holder to provide Mental Health Counselors at Basalt Middle School &
Basalt High School.
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: Chelsea Carnoali
Email: chelsea.carnoali@eaglecounty.us
Eagle County Public Health and Environment
551 Broadway
PO Box 660
Eagle, CO 81631
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