HomeMy WebLinkAbout20120031.tiff MEMORANDUM
L86
DATE: January 4, 2012
TO: Sean P. Conway, Chair, Board of County Commissioners
I .d _ 1CLafr
C Q N'1 FROM: Judy A. Griego, Director, Human S CV S)(
RE: Agreement for Professional Services between the Weld
County Department of Human Services and Marilyn Marrs
for Placement on the Consent Agenda
Enclosed for Board approval is an Agreement for Professional Services between the
Department and Marilyn Marrs. This Agreement was reviewed under the Board's Pass-
Around Memorandum dated November 17, 2011, for placement on the Board's Consent
Agenda.
The major provisions of this Agreement are:
No. Provider/Term Program Area Rates
1 Marilyn Mans, LCSW Consultation, $67.00 per Hour
Support and
December 1, 2011 —November 30, Training Max. $8,000.00
2012
If you have any questions, give me a call at extension 6510.
2012-0031
(nit4 at it G2 e"C2
Contract No. 11-12-PSA-0001
AGREEMENT FOR PROFESSIONAL SERVICES -
munr19 PH ii: 15
THIS AGREEMENT is made by and between the Board of Wein 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 Marilyn Marrs,whose
address is 1324 Carlene Drive, Loveland, Colorado, 80537, ("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 1, 2011 through and until
November 30, 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. Human Services agrees to pay Contractor for services performed as set forth
on Exhibit B at an amount not to exceed$8,000.00. Charges shall be based on the time actually
spent performing the services, but shall exclude travel time. Mileage may be charged to and
from any required job site 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$8,000.00.
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.
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.
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Contract No. 11-12-PSA-0001
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.
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Contract No. 11-12-PSA-0001
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:
Lal 111NiaJ CC'S W
Mari M s, L.C.S.W.
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Dat
Contract No. 11-12-PSA-0001
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
n �y ATTEST:
Sean P. Conway, Chair O 4 ZO�.J
JAN 11CL __ Weld County Clerk to the Bo d
By:
Deput L :oard
WELD COUNTY DEPARTMENT
OF HUMAN SERVICES
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By: °U
1t&
Grieg , Direct �'►
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Contract No. 11-12-PSA-0001
EXHIBIT A
SCOPE OF SERVICES
1. Target/Eligible Population
The population to be served under this contract includes all Divisions within the
Department of Human Services.
2. Types of Services to be Provided
Services provided will include consultation, support,training,help with retreat planning,
burnout, staff morale, strategic planning, and personnel issues.
3. Service Time Frames
Services are not to exceed 20 hours per week.
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Contract No. 11-12-PSA-0001
EXHIBIT B
PAYMENT SCHEDULE
1. Funding and Method of Payment
Human Services agrees to reimburse Contractor, under the appropriate funding source, in
consideration for the work and services performed for Department.
Expenses incurred by 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,whether in whole or in part, is subject to and
contingent upon the continuing availability of funds for the purposes 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
Payment for services and all related expenses under this Agreement shall be at a rate of
$67.00 per hour not to exceed $8,000.00. Services are not to exceed 20 hours per week.
3. Submittal of Vouchers
Contractor shall prepare and submit 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.
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