HomeMy WebLinkAbout20130225.tiffMEMORANDUM
DATE: January 17, 2013
TO: William F. Garcia, Chair, Board of County Com
FROM: Judy A. Griego, Director, Human S
RE: Agreements for Professional ServiceS'between the Weld
County Department of Human Services and Various
Providers for Placement on the Consent Agenda
Enclosed for Board approval are Agreements for Professional Services between the
Department and Various Providers. These Agreements were reviewed under the Board's
Pass -Around Memorandum dated January 11, 2013, for placement on the Board's Consent
Agenda.
The major provisions for these Agreements are as follows:
No.
Provider/Term
Program Area
Rate
1
Leahy Neurofeedback, LLC
December 17, 2012 — May 31, 2013
Neurofeedback Services
$40.00 per hour
Max. $800.00
2
Larry Matthew, MD
January 1, 2013 — December 31, 2013
Medical Consultation
$75.00 per hour
Max. $5,600.00
3
Theron Sills, MD
January 1, 2013 — December 31, 2013
Psychiatric Consultation
$75.00 per hour
Max. $3,600.00
If you have any questions, give me a call at extension 6510.
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2013-0225
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made by and between the Board of Weld County
Commissioners, on behalf of the Weld County Department of Human Services, whose address is
315 North 11`s Avenue, Greeley, Colorado, 80631, "Human Services", and Leahy
Neurofeedback, LLC, whose address is 6400 S. Yukon Way, Littleton, CO 80123, "Contractor".
WHEREAS, Human Services desires to retain Contractor as an independent contractor
to perform services as more particularly set forth below; and
WHEREAS, Contractor has the time available to timely perform the services, and is
willing to perform the services according to the terms of this Agreement.
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. Engagement of Contractor. Human Services hereby retains Contractor, and
Contractor hereby accepts engagement by Human Services upon the terms and conditions set
forth in this Agreement.
2. Term. The term of this Agreement shall be from December 17, 2012, through and
until May 31, 2013.
3. Services to be Performed. Contractor agrees to perform the Services listed or
referred to in Exhibit A, attached hereto and incorporated herein.
4. Compensation.
a. Human Services agrees to pay Contractor for services performed as set
forth on Exhibit A at the rate of $40.00 per hour. Charges shall be based on the time
actually spent performing the services, but shall exclude travel time.
b. Mileage may/may not (circle one) be charged to and from any required job
site at a rate of 0.00 cents per mile. Contractor shall not be paid any other expenses
unless set forth in this Agreement.
c. Payment to Contractor will be made only upon presentation of a proper
claim by Contractor, itemizing services performed and mileage expense incurred.
d. Payment for services and all related expenses under this Agreement shall
not exceed $800.00.
1
5. Additional Work. In the event the Human Services shall require changes in the
scope, character, or complexity of the work to be performed, and said changes cause an increase
or decrease in the time required or the costs to the Contractor for performance, an equitable
adjustment in fees and completion time shall be negotiated between the parties and this
Agreement shall be modified accordingly by a supplemental Agreement. Any claims by the
Contractor for adjustment hereunder must be made in writing prior to performance of any work
covered in the anticipated supplemental Agreement. Any change in work made without such
prior supplemental Agreement shall be deemed covered in the compensation and time provisions
of this Agreement.
6. Independent Contractor. Contractor agrees that Contractor is an independent
contractor and that neither Contractor nor Contractor's agents or employees are, or shall be
deemed to be, agents or employees of Human Services for any purpose. Contractor shall have no
authorization, express or implied, to bind the County to any agreement, liability, or
understanding. The parties agree that Contractor will not become an employee of Human
Services, nor is Contractor entitled to any employee benefits from County as a result of the
execution of this Agreement.
7. Warranty. Contractor warrants that services performed under this Agreement will
be performed in a manner consistent with the professional standards governing such services and
the provisions of this Agreement.
8. Reports County Property. All reports, test results and all other tangible materials
produced in connection with the performance of this Agreement, whether or not such materials
are in completed form, shall at all times be considered the property of Human Services.
Contractor shall not make use of such material for purposes other than in connection with this
Agreement without prior written approval of Human Services.
9. Acceptance of Product not a Waiver. Upon completion of the work, Contractor
shall submit to Human Services originals of all test results, reports, etc., generated during
completion of this work. Acceptance by Human Services of reports and incidental material
furnished under this Agreement shall not in any way relieve Contractor of responsibility for the
quality and accuracy of the work. Acceptance by Human Services of, or payment for, any
services performed under this Agreement shall not be construed as a waiver of any of Human
Services' rights under this Agreement or under the law generally.
10. Insurance and Indemnification. Contractor shall defend and indemnify Human
Services, its officers and agents, from and against loss or liability arising from Contractor's acts,
errors or omissions in seeking to perform its obligations under this Agreement. Contractor shall
provide necessary workers' compensation insurance at Contractor's own cost and expense.
2
442
11. Termination. Either party may terminate this Agreement at any time by providing
the other party with a 10 day written notice thereof. Furthermore, this Agreement may be
terminated at any time without notice upon a material breach of the terms of the Agreement. In
the event of an early termination, Contractor shall be paid for work performed up to the time of
notice and Human Services shall be entitled the use of all material generated pursuant to this
Agreement.
12. Non -Assignment. Contractor may not assign or transfer this Agreement, any
interest therein or claim thereunder, without the prior written approval of Human Services.
13. Access to Records. Human Services shall have access to Contractor's financial
records as they relate to this Agreement for purposes of audit. Such records shall be complete
and available for audit 90 days after final payment hereunder and shall be retained and available
for audit purposes for at least five years after final payment hereunder.
14. Time of Essence. Time is of the essence in each and all of the provisions of this
Agreement.
15. Interruptions. Neither party to this Agreement shall be liable to the other for delays
in delivery or failure to deliver or otherwise to perform any obligation under this Agreement,
where such failure is due to any cause beyond its reasonable control, including but not limited to
Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions.
16. Notices. Any notice required to be given under this Agreement shall be in writing
and shall be mailed or delivered to the other party at that party's address as stated above.
17. Compliance. This Agreement and the provision of services hereunder shall be
subject to the laws of Colorado and be in accordance with the policies, procedures, and practices
of Human Services.
18. Non -Exclusive Agreement. This Agreement is nonexclusive and Human Services
may engage or use other contractors or persons to perform services of the same or similar nature.
19. Certification. Contractor certifies that Contractor is not an illegal immigrant, and
further, Contractor represents, warrants, and agrees that it has verified that Contractor does not
employ any illegal aliens. If it is discovered that Contractor is an illegal immigrant, employs
illegal aliens or subcontracts with illegal aliens, Human Services can terminate this Agreement
and Contractor may be held liable for damages.
3
20. Entire Agreement/Modifications. This Agreement contains the entire agreement
between the parties with respect to the subject matter contained in this Agreement. This
instrument supersedes all prior negotiation, representation, and understanding or agreements with
respect to the subject matter contained in this Agreement. This Agreement may be changed or
supplemented only by a written instrument signed by both parties.
21. Funding Contingency. No portion of this Agreement shall be deemed to create an
obligation on the part of Human Services to expend funds not otherwise appropriated or
budgeted for.
22. No Conflict. No employee of Contractor nor any member of Contractor's family
shall serve on a Human Services Board, committee or hold any such position which either by
rule, practice or action nominates, recommends, supervises Contractor's operations, or authorizes
funding to Contractor.
23. Severability. If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable, this Agreement shall be construed and enforced without such provision,
to the extent that this Agreement is then capable of execution within the original intent of the
parties.
24. Governmental Immunity. No portion of this Agreement shall be deemed to
constitute a waiver of any immunities the parties or their officers or employees may possess.
25. No Third Party Beneficiary. It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action relating to
such enforcement, shall be strictly reserved to the undersigned parties and nothing in this
Agreement shall give or allow any claim or right of action whatsoever by any other person not
included in this Agreement. It is the express intention of the undersigned parties that any entity
other than the undersigned parties receiving services or benefits under this Agreement shall be an
incidental beneficiary only.
4
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and
year written below.
CONTRACTOR:
By:
Susan Leahy, Owner
ATTEST:
CLERK TO THE BOARD WELD COUNTY-C9LORADO
Weld County Clerk to the Boa
By:
Deputy Clerk to
e Board
WELD COUNTY DEPARTMENT
OF HUMAN SERVICES
By:
5
BOARD OF COUNTY COMMISSIONERS
f
William F. Garcia, Chair
JAN 2 12013
EXHIBIT "A"
1. Services to be Provided by Contractor: Twenty (20) Neurofeedback sessions for one (I)
client, B.D. Services to be provided at 7500 West Mississippi Avenue, Suite B-180,
Lakewood, Colorado, 80226.
2. Human Services agrees to purchase and Contractor agrees to furnish service at the cost of
$40.00 per hour for a maximum amount of $800.00.
3. The parties agree that payment pursuant to this Contract is subject to and contingent upon
the continuing availability of funds for the purpose thereof The payment of such
services shall be from Core Services as defined in Rule Manual Volume 7 Section
7.303.1 and, if appropriate, the Colorado Department of Human Services approved
County Core Services Plan.
4. Human Services agrees:
a) To determine child eligibility and as appropriate, to provide information regarding
rights to fair hearings.
b) To provide Contractor with written prior authorization on a child or family basis for
services to be purchased.
c) To provide Contract with referral information including name and address of family,
social, medical, and educational information as appropriate to the referral.
d) To monitor the provision of contracted service.
e) To pay Contractor after receipt of billing statements for services rendered
satisfactorily and in accordance with this Contract.
5. Contractor agrees:
a) Not to assign any provision of this Contract to a subcontractor.
b) Not to charge clients any fees related to services provided under this Contract.
c) To hold the necessary license(s) which permits the performance of the service to be
purchased, and/or to meet applicable Colorado Department of Human Services
qualification requirements.
d) To comply with the requirements of the Civil Rights Act of 1964 and Section 504,
Rehabilitation Act of 1973 concerning discrimination on the basis of race, color, sex,
age, religion, political beliefs, national origin, or handicap.
e) To provide the service described herein at cost not greater than that charged to other
persons in the same community.
f) To submit a billing statement in a timely manner, no later than forty-five (45) days
after services. Failure to do so may result in nonpayment.
g) To safeguard information and confidentiality of the child and the child's family in
accordance with rules of the Colorado Department of Human Services and the County
Department of Human Services.
h) To provide Human Services with reports on the provision of services as follows:
Monthly session notes submitted per the online format required by the Department.
6
i) To provide access for any duly authorized representative of Human Services or the
Colorado Department of Human Services until the expiration of five (5) years after
the final payment under this Contract, involving transactions related to this Contract.
j) Indemnify the Weld County Department Human Services and the Colorado
Department of Human Services from the action based upon or arising out of damage
or injury, including death, to persons or property caused or sustained in connection
with the performance of this Contract or by conditions created thereby, as based upon
any violation of any statute, regulation, and the defense of any such claims or actions.
6. In addition to the foregoing, the Human Services and Contractor also agree:
a) Core Services Program expenditures will not be reimbursed when the expenditures
may be reimbursed by some other source. (As set forth in Rule Volume 7, at 7.414, B
(12 CCR 2509-5).
7
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made by and between the Board of Weld County
Commissioners, on behalf of the Weld County Department of Human Services, whose address is
315 N. 11`x' Avenue, Greeley, Colorado, 80631 ("Human Services"), and Larry Matthews, M.D.
whose address is 5489 South Morning Glory Lane, Littleton, CO 80123-2944, ("Contractor").
WHEREAS, Human Services desires to retain Contractor as an independent contractor
to perform services as more particularly set forth below; and
WHEREAS, Contractor has the time available to timely perform the services, and is
willing to perform the services according to the terms of this Agreement.
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. Engagement of Contractor. Human Services hereby retains Contractor, and Contractor
hereby accepts engagement by Human Services upon the terms and conditions set forth in this
Agreement.
2. Term. The term of this Agreement shall be from January 1, 2013, through and until
December 31, 2013.
3. Services to be Performed. Contractor agrees to perform the Services listed or referred to in
Exhibit A, attached hereto and incorporated herein.
4. Compensation. Human Services agrees to pay Contractor for services performed as set forth
on Exhibit B a maximum rate of $5,600 per year, which includes an hourly rate of $75.00 per
hour. Charges shall be based on the time actually spent performing the services, but shall
exclude travel time. Mileage may be charged and reimbursed according to Weld County mileage
rates. Contractor shall not be paid any other expenses unless set forth in this Agreement.
Payment to Contractor will be made only upon presentation of a proper claim by Contractor,
itemizing services performed and mileage expense incurred. Payment for services and all related
expenses under this Agreement shall not exceed $5,600.
5. Additional Work. In the event Human Services shall require changes in the scope,
character, or complexity of the work to be performed, and said changes cause an increase or
decrease in the time required or the costs to the Contractor for performance, an equitable
adjustment in fees and completion time shall be negotiated between the parties and this
Agreement shall be modified accordingly by a supplemental Agreement. Any claims by the
Contractor for adjustment hereunder must be made in writing prior to performance of any work
covered in the anticipated supplemental Agreement. Any change in work made without such
prior supplemental Agreement shall be deemed covered in the compensation and time provisions
of this Agreement.
6. Independent Contractor. Contractor agrees that Contractor is an independent contractor
and that neither Contractor nor Contractor's agents or employees are, or shall be deemed to be,
agents or employees of Human Services for any purpose. Contractor shall have no authorization,
express or implied, to bind Human Services to any agreement, liability, or understanding. The
parties agree that Contractor will not become an employee of Human Services, nor is Contractor
entitled to any employee benefits from Human Services as a result of the execution of this
1
Agreement.
7. Warranty. Contractor warrants that services performed under this Agreement will be
performed in a manner consistent with the professional standards governing such services and
the provisions of this Agreement.
8. Reports Human Services Property. All reports, test results and all other tangible materials
produced in connection with the performance of this Agreement, whether or not such materials
are in completed form, shall at all times be considered the property of Human Services.
Contractor shall not make use of such material for purposes other than in connection with this
Agreement without prior written approval of Human Services.
9. Acceptance of Product not Waiver. Upon completion of the work, Contractor shall submit
to Human Services originals of all test results, reports, etc., generated during completion of this
work. Acceptance by Human Services of reports and incidental material furnished under this
Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy
of the work. Acceptance by Human Services of, or payment for, any services performed under
this Agreement shall not be construed as a waiver of any of Human Services' rights under this
Agreement or under the law generally.
10. Insurance and Indemnification. Contractor shall defend and indemnify Human Services,
its officers and agents, from and against loss or liability arising from Contractor's acts, errors or
omissions in seeking to perform its obligations under this Agreement. Contractor shall provide
necessary workers' compensation insurance at Contractor's own cost and expense.
11. Termination. Either party may terminate this Agreement at any time by providing the other
party with a 10 day written notice thereof. Furthermore, this Agreement may be terminated at
any time without notice upon a material breach of the terms of the Agreement. In the event of an
early termination, Contractor shall be paid for work performed up to the time of notice and
Human Services shall be entitled the use of all material generated pursuant to this Agreement.
12. Non -Assignment. Contractor may not assign or transfer this Agreement, any interest
therein or claim thereunder, without the prior written approval of Human Services.
13. Access to Records. Human Services shall have access to Contractor's financial records as
they relate to this Agreement for purposes of audit. Such records shall be complete and available
for audit 90 days after final payment hereunder and shall be retained and available for audit
purposes for at least five years after final payment hereunder.
14. Time of Essence. Time is of the essence in each and all of the provisions of this
Agreement.
15. Interruptions. Neither party to this Agreement shall be liable to the other for delays in
delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where
such failure is due to any cause beyond its reasonable control, including but not limited to Acts
of God, fires, strikes, war, flood, earthquakes or Governmental actions.
16. Notices. Any notice required to be given under this Agreement shall be in writing and shall
be mailed or delivered to the other party at that party's address as stated above.
17. Compliance. This Agreement and the provision of services hereunder shall be subject to the
laws of Colorado and be in accordance with the policies, procedures, and practices of Human
Services.
18. Non -Exclusive Agreement. This Agreement is nonexclusive and Human Services may
2
engage or use other contractors or persons to perform services of the same or similar nature.
19. Certification. Contractor certifies that Contractor is not an illegal immigrant, and further,
Contractor represents, warrants, and agrees that it has verified that Contractor does not employ
any illegal aliens. If it is discovered that Contractor is an illegal immigrant, employs illegal
aliens or subcontracts with illegal aliens, Human Services can terminate this Agreement and
Contractor may be held liable for damages.
20. Entire Agreement/Modifications. This Agreement contains the entire agreement between
the parties with respect to the subject matter contained in this Agreement. This instrument
supersedes all prior negotiation, representation, and understanding or agreements with respect to
the subject matter contained in this Agreement. This Agreement may be changed or
supplemented only by a written instrument signed by both parties.
21. Funding Contingency. No portion of this Agreement shall be deemed to create an
obligation on the part of Human Services to expend funds not otherwise appropriated or
budgeted for.
22. No Conflict. No employee of Contractor nor any member of Contractor's family shall serve
on a Human Services Board, committee or hold any such position which either by rule, practice
or action nominates, recommends, supervises Contractor's operations, or authorizes funding to
Contractor.
23. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal,
or unenforceable, this Agreement shall be construed and enforced without such provision, to the
extent that this Agreement is then capable of execution within the original intent of the parties.
24. Governmental Immunity. No portion of this Agreement shall be deemed to constitute a
waiver of any immunities the parties or their officers or employees may possess.
25. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of
the terms and conditions of this Agreement, and all rights of action relating to such enforcement,
shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or
allow any claim or right of action whatsoever by any other person not included in this
Agreement. It is the express intention of the undersigned parties that any entity other than the
undersigned parties receiving services or benefits under this Agreement shall be an incidental
beneficiary only.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year
written below.
Contractor's Signature:
lz/ip/ r z-
Date
3
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COI ORADO
._
By:
William F. Garcia, Chair
JAN 2 12013
WELD COUNTY DEPARTMENT
OF HUMAN SERVICES
By:
4
ATTEST:
Weld County —Clerk to the Board
By: PvG 2itik fed 1.✓
Deputy Clerk o the Board
26/,S- -72,5
EXHIBIT A
SCOPE OF SERVICES
1. Scope of Services
Human Services administer a Child Protection Team which is an advisory multi -disciplinary team which
was formed to advise Human Services on specific child protection cases. The Contractor's participation on
the Child Protection Team partially fulfills Human Services' statutory responsibility of providing a multi-
disciplinary Child Protection Team.
The Contractor agrees to provide medical consultation and interpretation related to the cases staffed in the
Child Protection Team in accordance to the policies and procedures provided by Human Services.
The Contractor shall:
a. Attend a maximum of two Child Protection meetings per month, providing medical consultation
on three to four cases per meeting. Each meeting is two hours in duration. The meeting time,
location, and dates will be determined by Human Services. Human Services will assess monthly
the number of meetings to be attended by the Contractor. Human Services will notify the
Contractor of such schedule.
b. Provide consultation on crisis situations where a session is needed to meet the special needs of an
abused or neglected child.
2. Confidentiality
The Contractor agrees to comply with 19-1-120 C.R.S., which requires that reports of child abuse and any
identifying information in those reports are strictly confidential.
3. Eligible Client Cases
Human Services shall be responsible for selecting cases to be reviewed and staffed by the Contractor.
Page I of I
5
EXHIBIT B
PAYMENT SCHEDULE
I . Funding and Method of Payment
Human Services agree to reimburse to the Contractor, in consideration for the work and services
performed, a total amount not to exceed Five Thousand Three Hundred Dollars ($5,300.00).
Expenses incurred by the Contractor, in association with said project prior to the term of this Agreement,
are not eligible Human Services expenditures and shall not be reimbursed by Human Services.
Payment pursuant to this Contract, if Weld County funds, whether in whole or in part, is subject to and
contingent upon the continuing availability of Weld County funds for the purposed hereof. In the event
that said funds, or any part thereof, become unavailable as determined by Human Services, Human
Services may immediately terminate this Contract or amend it accordingly.
2. Fees for Services
a. Human Services agree to pay the Contractor at the rate of $75 per hour.
b. Human Services agrees to reimburse the Contractor for mileage to and from Weld County
Department of Human Services at two cents per mile below the standard mileage rate allowed,
pursuant to 26, U.S.C. 162 of the IRS regulations as amended.
3. Submittal of Vouchers
Human Services agree to:
a. Itemize monthly, all case record information regarding services authorized and received for
service recipients according to its prescribed voucher form.
b. Provide monthly the completed voucher to the Contractor for his/her review and certification.
The Contractor shall:
a. Review monthly the itemized voucher and certify that the services authorized were provided on
the date indicated and the charges made were pursuant to the terms and conditions of Exhibit A.
b. Return the signed prescribed voucher form to Human Services for payment.
6
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made by and between the Board of Weld County
Commissioners, on behalf of the Weld County Department of Human Services, whose address is
315 N. 11'h Avenue, Greeley, Colorado, 80631 ("Human Services"), and Theron Sills, M.D.,
whose address is 3737 W. 20'h Street, Greeley, CO 80634 ("Contractor").
WHEREAS, Human Services desires to retain Contractor as an independent contractor
to perform services as more particularly set forth below; and
WHEREAS, Contractor has the time available to timely perform the services, and is
willing to perform the services according to the terms of this Agreement.
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. Engagement of Contractor. Human Services hereby retains Contractor, and Contractor
hereby accepts engagement by Human Services upon the terms and conditions set forth in this
Agreement.
2. Term. The term of this Agreement shall be from January 1, 2013, through and until
December 31, 2013.
3. Services to be Performed. Contractor agrees to perform the Services listed or referred to in
Exhibit A, attached hereto and incorporated herein.
4. Compensation. Human Services agrees to pay Contractor for services performed as set forth
on Exhibit B a maximum rate of $3,600 per year, which includes an hourly rate of $75.00.
Charges shall be based on the time actually spent performing the services, but shall exclude
travel time. Contractor shall not be paid any other expenses unless set forth in this Agreement.
Payment to Contractor will be made only upon presentation of a proper claim by Contractor,
itemizing services performed and mileage expense incurred. Payment for services and all related
expenses under this Agreement shall not exceed $3,600.
5. Additional Work. In the event Human Services shall require changes in the scope,
character, or complexity of the work to be performed, and said changes cause an increase or
decrease in the time required or the costs to the Contractor for performance, an equitable
adjustment in fees and completion time shall be negotiated between the parties and this
Agreement shall be modified accordingly by a supplemental Agreement. Any claims by the
Contractor for adjustment hereunder must be made in writing prior to performance of any work
covered in the anticipated supplemental Agreement. Any change in work made without such
prior supplemental Agreement shall be deemed covered in the compensation and time provisions
of this Agreement.
6. Independent Contractor. Contractor agrees that Contractor is an independent contractor
and that neither Contractor nor Contractor's agents or employees are, or shall be deemed to be,
agents or employees of Human Services for any purpose. Contractor shall have no authorization,
express or implied, to bind Human Services to any agreement, liability, or understanding. The
parties agree that Contractor will not become an employee of Human Services, nor is Contractor
entitled to any employee benefits from Human Services as a result of the execution of this
Agreement.
1
7. Warranty. Contractor warrants that services performed under this Agreement will be
performed in a manner consistent with the professional standards governing such services and
the provisions of this Agreement.
8. Reports Human Services Property. All reports, test results and all other tangible materials
produced in connection with the performance of this Agreement, whether or not such materials
are in completed form, shall at all times be considered the property of Human Services.
Contractor shall not make use of such material for purposes other than in connection with this
Agreement without prior written approval of Human Services.
9. Acceptance of Product not Waiver. Upon completion of the work, Contractor shall submit
to Human Services originals of all test results, reports, etc., generated during completion of this
work. Acceptance by Human Services of reports and incidental material furnished under this
Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy
of the work. Acceptance by Human Services of, or payment for, any services performed under
this Agreement shall not be construed as a waiver of any of Human Services' rights under this
Agreement or under the law generally.
10. Insurance and Indemnification. Contractor shall defend and indemnify Human Services,
its officers and agents, from and against loss or liability arising from Contractor's acts, errors or
omissions in seeking to perform its obligations under this Agreement. Contractor shall provide
necessary workers' compensation insurance at Contractor's own cost and expense.
11. Termination. Either party may terminate this Agreement at any time by providing the other
party with a 10 day written notice thereof. Furthermore, this Agreement may be terminated at
any time without notice upon a material breach of the terms of the Agreement. In the event of an
early termination, Contractor shall be paid for work performed up to the time of notice and
Human Services shall be entitled the use of all material generated pursuant to this Agreement.
12. Non -Assignment. Contractor may not assign or transfer this Agreement, any interest
therein or claim thereunder, without the prior written approval of Human Services.
13. Access to Records. Human Services shall have access to Contractor's financial records as
they relate to this Agreement for purposes of audit. Such records shall be complete and available
for audit 90 days after final payment hereunder and shall be retained and available for audit
purposes for at least five years after final payment hereunder.
14. Time of Essence. Time is of the essence in each and all of the provisions of this
Agreement.
15. Interruptions. Neither party to this Agreement shall be liable to the other for delays in
delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where
such failure is due to any cause beyond its reasonable control, including but not limited to Acts
of God, fires, strikes, war, flood, earthquakes or Governmental actions.
16. Notices. Any notice required to be given under this Agreement shall be in writing and shall
be mailed or delivered to the other party at that party's address as stated above.
17. Compliance. This Agreement and the provision of services hereunder shall be subject to the
laws of Colorado and be in accordance with the policies, procedures, and practices of Human
Services.
18. Non -Exclusive Agreement. This Agreement is nonexclusive and Human Services may
engage or use other contractors or persons to perform services of the same or similar nature.
2
19. Certification. Contractor certifies that Contractor is not an illegal immigrant, and further,
Contractor represents, warrants, and agrees that it has verified that Contractor does not employ
any illegal aliens. If it is discovered that Contractor is an illegal immigrant, employs illegal
aliens or subcontracts with illegal aliens, Human Services can terminate this Agreement and
Contractor may be held liable for damages.
20. Entire Agreement/Modifications. This Agreement contains the entire agreement between
the parties with respect to the subject matter contained in this Agreement. This instrument
supersedes all prior negotiation, representation, and understanding or agreements with respect to
the subject matter contained in this Agreement. This Agreement may be changed or
supplemented only by a written instrument signed by both parties.
21. Funding Contingency. No portion of this Agreement shall be deemed to create an
obligation on the part of Human Services to expend funds not otherwise appropriated or
budgeted for.
22. No Conflict. No employee of Contractor nor any member of Contractor's family shall serve
on a Human Services Board, committee or hold any such position which either by rule, practice
or action nominates, recommends, supervises Contractor's operations, or authorizes funding to
Contractor.
23. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal,
or unenforceable, this Agreement shall be construed and enforced without such provision, to the
extent that this Agreement is then capable of execution within the original intent of the parties.
24. Governmental Immunity. No portion of this Agreement shall be deemed to constitute a
waiver of any immunities the parties or their officers or employees may possess.
25. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of
the terms and conditions of this Agreement, and all rights of action relating to such enforcement,
shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or
allow any claim or right of action whatsoever by any other person not included in this
Agreement. It is the express intention of the undersigned parties that any entity other than the
undersigned parties receiving services or benefits under this Agreement shall be an incidental
beneficiary only.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year
written below.
Contractor's Signature:
Date
(,),1( ( �
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BOARD OF COUNTY COMMISSIONERS
WELD COUNT, COLORADO
By: 12
William F. Garcia, Chair
JAN 2 12013
WELD COUNTY DEPARTMENT
OF HUMAN SERVICES
By:
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ATTEST:
Weld County Clerk to the Bard
By:
EXHIBIT A
SCOPE OF SERVICES
1. Scope of Services
Human Services administer a Child Protection Team which is an advisory multi -disciplinary team which
was formed to advise Human Services on specific child protection cases. The Contractor's participation on
the Child Protection Team partially fulfills Human Services' statutory responsibility of providing a multi-
disciplinary Child Protection Team.
The Contractor agrees to provide psychiatric consultation and interpretation of psychiatric dynamics related
to the cases staffed in the Child Protection Team in accordance to the policies and procedures provided by
Human Services.
The Contractor shall:
a. Attend a maximum of two Child Protection meetings per month, providing medical consultation
on three to four cases per meeting. Each meeting is two hours in duration. The meeting time,
location, and dates will be determined by Human Services. Human Services will assess monthly
the number of meetings to be attended by the Contractor. Human Services will notify the
Contractor of such schedule.
b. Provide consultation on crisis situations where a session is needed to meet the special needs of an
abused or neglected child.
2. Confidentiality
The Contractor agrees to comply with 19-1-120 C.R.S., which requires that reports of child abuse and any
identifying information in those reports are strictly confidential.
3. Eligible Client Cases
Human Services shall be responsible for selecting cases to be reviewed and staffed by the Contractor.
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EXHIBIT B
PAYMENT SCHEDULE
Funding and Method of Payment
Human Services agree to reimburse to the Contractor, in consideration for the work and services
performed, a total amount not to exceed Three Thousand Six Hundred Dollars ($3,600.00).
Expenses incurred by the Contractor, in association with said project prior to the term of this Agreement,
are not eligible Human Services expenditures and shall not be reimbursed by Human Services.
Payment pursuant to this Contract, if Weld County funds, whether in whole or in part, is subject to and
contingent upon the continuing availability of Weld County funds for the purposed hereof. In the event
that said funds, or any part thereof, become unavailable as determined by Human Services, Human
Services may immediately terminate this Contract or amend it accordingly.
2. Fees for Services
Human Services agree to pay the Contractor at the rate of $75.00 per hour.
3. Submittal of Vouchers
Human Services agree to:
a. Itemize monthly, all case record information regarding services authorized and received for
service recipients according to its prescribed voucher form.
b. Provide monthly the completed voucher to the Contractor for his/her review and certification.
The Contractor shall:
a. Review monthly the itemized voucher and certify that the services authorized were provided on
the date indicated and the charges made were pursuant to the terms and conditions of Exhibit A.
b. Return the signed prescribed voucher form to Human Services for payment.
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