HomeMy WebLinkAbout20121094.tiff MEMORANDUM
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DATE: April 23, 2012
N T Y TO: Sean P. Conway, Chair, Board of County Commission s
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FROM: Judy A. Griego, Director, Human Servicgs Department
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RE: Agreement for Professional Services between the
Weld County Department of Human Services and
Tim Goeden
Enclosed for Board approval is an Agreement for Professional Services between the Department
and Tim Goeden. This Agreement was reviewed under the Board's Pass-Around Memorandum
dated March 30, 2012, and approved for placement on the Board's Agenda.
This is a one-time professional services agreement to be placed on the consent agenda. The term
of this Agreement was January 1, 2012 through February 29, 2012, for reimbursement of tuition
in the amount not to exceed $185.00 for R.G. while the child was in the custody of the
Department but in the care of Tim Goeden (trial return home before permanent return home).
If you have any questions, please give me a call at extension 6510.
2012-1094
657td-t i 3_6 003
t tic I d
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 Tim
Goeden, whose address is 3417 Coyote Lane, Evans, Colorado, 80620, "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, 2012 through and
until February 29, 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. 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 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 $185.00.
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
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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.
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,
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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
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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:
By:
Tim Go den
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ATTES BOARD OF COUNTY COMMISSIONERS
��""' WELD COUNTY, COLORADO
Weld County Clerk to the Board By:
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By: fa ; Sit S La Sean P. Conway, Chair
Deputy Cle to the Board APR 2 5 2012
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WELD COUNTY DEPARTME Fir A
OF HUMAN SERVI ES OQ p °, ,
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By:
Jud1. Grieg , Directo
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EXHIBIT A
1. Services to be provided by Contractor will be for Tuition for one (1) client, R. G.,
as follows:
a. Reimbursement for tuition for R. G. for January and February 2012, while the
child was in the custody of the Department but in the care of Tim Goeden
(trial return home before permanent return home).
2. Human Services agrees to purchase and Contractor agrees to furnish service at the
cost of a maximum amount of$185.00.
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 funding 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.
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