HomeMy WebLinkAbout20120592.tiff MEMORANDUM
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DATE: February 27, 2012
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TO: Sean P. Conway, Chair, Board of County Co sioners
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O FROM: Judy A. Griego, Director, Humar e is j epa m4ein,-;)
RE: Agreement for Professional Services between the Weld
County Department of Human Services and Leahy
Neurofeedback Center, LLC, for Placement on the Consent
Agenda
Enclosed for Board approval is an Agreement for Professional Services between the
Department and Leahy Neurofeedback, LLC. This Agreement was reviewed under the
Board's Pass-Around Memorandum dated February 23, 2012, for placement on the Board's
Consent Agenda.
The major provisions of this Agreement are as follows:
No. Provider/Term Program Area Rates
1 Leahy Neurofeedback, LLC Neurofeedback $40.00 per Hour
Services
February 15, 2012 —May 31, 2012 Max. $2,400.00
If you have any questions, give me a call at extension 6510.
2012-0592
3- I -vo iik( (C--5
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. 11th
Avenue, Greeley, Colorado, 80631, "Human Services", and Leahy Neurofeedback Center, LLC,
whose address is 6400 S. Yukon Way, Littleton, Colorado 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 February 15, 2012 through and until
May 31, 2012.
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 rforming the services, but shall exclude travel time.
b. Mileage may a no' (circle one)be charged to and from any required job site
at a rate of 0 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$2,400.00.
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.
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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.
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 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 the Human Service's 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.
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 finding 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.
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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:
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By: JYtiln_rN e—a t .
Susan Leahy, Owner �/
ATTES • "11 JTa t BOARD OF COUNTY COMMISSIONERS
1 n. WELD COUNTY, COLORADO
Weld County Clerk to the B: + d i, , �� > 6
161 , i By: c
� � (3By: /l-►t • ���� r. ,�d 0 � 1/4, Sean P. Conway, Chair
Deputy Cl k to the Boar k,' • % FEB 2 9 2017
WELD COUNTY DEPARTMENT
OF HUMAN SERVICES
By: �^^�
J A. Gri o Dire r
L / \J
EXHIBIT A
1. Services to be provided by Contractor will be Neurofeedback Services to three (3) clients,
J. R., C. A. and P. N. as follows:
a. Sixty (60) one-hour sessions.
b. Sessions will be divided into twenty (20) sessions per each of the three (3) identified
clients.
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$2,400.00.
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 Contractor 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 monthly session notes and symptom/behavior
tracking for each referred client.
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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 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, 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).
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