HomeMy WebLinkAbout20132001.tiffMEMORANDUM
DATE: July 18, 2013
TO: William F. Garcia, Chair, Board of County C rJr stoners
FROM: Judy A. Griego, Director, Human rlvices l a i
)) J v
SUBJECT: Agreement for Professional Services between the
Weld County Department of Human Services and
David N. Sweet, Ph.D.
Enclosed for Board approval is an Agreement for Professional Services between the Department and David N.
Sweet, Ph.D. This Agreement was reviewed under the Board's Pass -Around Memorandum dated July 17,
2013, and approved for placement on the Board's Agenda.
The major provisions of this Agreement are as follows:
No.
Contractor/Term
Services/Funding
Rate
1
David N. Sweet, Ph.D.
July 11, 2013 — August 30, 2013
Mental Health Services
(Psychological Evaluation)
Child Specific
Core
$1,200.00/Evaluation
If you have any questions, give me a call at extension 6510.
7-019-07z/3
Zo13 -1001
coPy
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made by and between the County of Weld, State of Colorado, whose
address is 915 10th Street, Greeley, Colorado, 80631 ("County"), by and through the Board of County
Commissioners of the County of Weld, on behalf of the Weld County Department of Human Services,
and David N. Sweet, Ph.D. whose address is 635 Church Street NE, Salem, OR 97301,
("Contractor").
WHEREAS, County 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. County hereby retains Contractor, and Contractor hereby
accepts engagement by County upon the terms and conditions set forth in this Agreement.
2. Term. The term of this Agreement shall be from July 11, 2013, through and until August
30, 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. County agrees to pay Contractor for services performed as set forth on Exhibit A
at the rate of $1,200.00 (per evaluation). Charges shall be based on the time actually spent
performing the services, but shall exclude travel time.
b. Mileage may not be charged to and from any required job site at a rate of N/A
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 S1,200.00.
5. Additional Work. In the event the County 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
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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 the County 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 County, 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 the County. Contractor shall not make use of such
material for purposes other than in connection with this Agreement without prior written approval of
County.
9. Acceptance of Product not a Waiver. Upon completion of the work, Contractor shall
submit to County originals of all test results, reports, etc., generated during completion of this work.
Acceptance by County 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 the
County of, or payment for, any services performed under this Agreement shall not be construed as a
waiver of any of the County's rights under this Agreement or under the law generally.
10. Insurance and Indemnification. Contractor shall defend and indemnify County, 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 County 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 County.
13. Access to Records. County 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.
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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 County.
18. Non -Exclusive Agreement. This Agreement is nonexclusive and County 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, County 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 County 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 County 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.
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IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day,
month, and year first above written.
ATTESTa
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Weld County Clerk to the Boar
By:
APP
Cou r Attorney
•
Deputy Clerk .the Board
WELD COUNTY DEPARTMENT
OF HUMAN SERVICES
By:
ILY 114\
4
BOARD OF COUNTY COMMISSIONERS
WELD CO QTY RADO
illiam F. Garcia. Tarr
By:
CONTRACTOR
David N. Sweet, P
JUL 2 9 2013
020/3--0?G2/
EXHIBIT "A"
CONTRACTOR:
Name: David N. Sweet, Ph.D.
Address: 635 Church Street NE, Salem, OR 97301
Tax I.D. or Social Security Number: XXX-XX-0026
I. Services to be Provided by Contractor: Comprehensive Psychological Evaluation
To Name of Client: T.S. (Trails Case ID 1565581)
Location of Services to be provided to the Client: 635 Church Street NE, Salem, OR
97301
2. County agrees to purchase and Contractor agrees to furnish One (1) comprehensive
psychological evaluation including written report at the cost of $1,200.00 for a
maximum amount of $1,200.00.
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:
X Core Services as defined in Rule Manual Volume 7 Section 7.303 and, if
appropriate, the Colorado Department of Human Services approved County Core
Services Plan.
Child Welfare Administration
Other as defined as
4. County 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.
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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 County with reports on the provision of services as follows:
Written report detailing comprehensive psychological evaluation.
i) To provide access for any duly authorized representative of the County 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 County 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 County 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).
b) None.
c) None.
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