HomeMy WebLinkAbout20121286.tiff MEMORANDUM
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DATE: May 17, 2012
lU TO: Sean P. Conway, Chair, Board of County Com�iss' ers
G—� N Y FROM: Judy A. Griego, Director, Human a 8'partm t
RE: Agreement for Professional Servic between the
Weld County Department of Human Services and
Lutheran Family Services Rocky Mountains for Placement on
the Consent Agenda
Enclosed for Board approval is an Agreement for Professional Services between the Department and
Lutheran Family Services Rocky Mountains. This Agreement was reviewed under the Board's Pass-
Around Memorandum dated May 7, 2012, and approved for placement on the Board's Consent Agenda.
The Department has a case in which the court ordered the Department to no longer be fiscally responsible
for payment of services effective March 16, 2012. The Courts did not notify Lutheran Family Services of
this court order until the following week and the Department was not notified of this court order until
April 10, 2012. The provider had conducted a visit on March 17, 2012, with the understanding that
funding was still in place. Since the case was closed as of March 16th the payment for the March 17,
2012, visit could not occur under Core funding.
The total reimbursement under this Agreement is $105.00 from Child Welfare Administration funds.
If you have any questions, please give me a call at extension 6510.
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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 Lutheran Family Services Rocky Mountains,
whose address is 2032 Lowe Street, Suite 200, Fort Collins, Colorado, 80525, "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. Encasement 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 March 17, 2012 through and until
March 17, 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. Comaensation.
a. Human Services agrees to pay Contractor for services performed as set forth on
Exhibit A at the rate of$70.00 per hour. Charges shall be based on the time actually
spent performin_ the services,but shall exclude travel time.
b. Mileage may I 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
$105.00.
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. APR 2 7 2012
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
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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.
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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 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 have executed this Agreement as of the date and year
written below.
CONTRACTOR:
By: ;LL( LU An)?_
Juliet'Witkowski, Program Director
ATTEST: ILA OARD OF COUNTY COMMISSIONERS
LD COUNTY, COLORADO
Weld ounty Clerk to the :oars X861,7 '_ O ='
�l �
By: /y/ "� ►� , .�is� -�t•'�v� Sean P. Conway, Chair
Deputy Clerk w the Board F MAY 212012
WELD COUNTY DEPARTMENT
OF HUMAN SERVICES
�
By: t,�,{, l/�
J A. Gri go, Der torn
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EXHIBIT A
1. Services to be provided by Contractor will be Visitation Services for one (1) client: S.J./O.L.
2. Human Services agrees to purchase and Contractor agrees to furnish service at the cost of
$70.00 per hour for a maximum amount of$105.00.
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 Child Welfare Administration funds.
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.
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.
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