HomeMy WebLinkAbout20120505.tiff MEMORANDUM
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DATE: February 17, 2012
' ILIn� TO: Sean P. Conway, Chair, Board of ounty Co is 'oners
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0 N T Y FROM: Judy A. Griego, Director, Hum e vice ep e
RE: Agreements for Professional Services between the Weld
County Department of Human Services and Various
Providers for Placement on the Consent Agenda
Enclosed for Board approval is Agreements for Professional Services between the
Department and Various Providers. These Agreements were reviewed under the Board's
Pass-Around Memorandum dated February 9, 2012, for placement on the Board's Consent
Agenda.
The major provisions of these Agreements are as follows:
No. Provider/Term Program Area Rates
1 W. Troy Hause Mediation Services $200.00 per Hour for
for Contentious 2 Hours
One Time Services on February 6, Adoption Subsidy
2012 Dispute Max. $400.00
2 Creative Perspectives, Inc. Parent Education $150.00 per Hour
Services Plus Mileage
January 9, 2012 through February 29,
2012 Max. $1,375.00
If you have any questions, give me a call at extension 6510.
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93.1,9 2012-0505
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 W. Troy Hause, whose address is 710
11`h Avenue, Suite 205, Greeley, 80631, "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 for services provided on February 6,
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$200.00 per hour. 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 $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.
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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 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.
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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:By: i. )
W. Troy Hause
ATTEST: BOARD OF COUNTY COMMISSIONERS
• u Vylt,Li'''. COUNTY, COLORADO
Weld County Clerk to the Boa ,A
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By: LI �i. _ �� ,���� €t i Sean P. Conway, Chair
Deputy Cler o the Board ��,r y: 'N';, FEB 2 2 2012
WELD COUNTY DEPARTMENT
OF HUMAN SERVICES
By:
Ju A. Grie o, Direct
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EXHIBIT A
1. Contractor will provide Mediation services to Weld County families in Dependency and
Neglect cases as referred by the Department.
2. Contractor will attempt to facilitate resolution of issues between the parties, which will
lessen the amount of Court time and contested matters, assist in providing permanency for
children in a shorter time frame, and assist the parties in coming to their own resolutions
which are more likely to be followed.
3. Mediation sessions are generally scheduled for one (1) to two (2) hours in length; however,
Contractor can accommodate longer sessions up to one (1) day in length under special
circumstances.
4. Contractor employs a full-time legal assistant who schedules and prepares for mediation
sessions on behalf of the Contractor.
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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 Creative Perspectives,Inc. whose address is 901
Englewood Parkway, Suite 118,Englewood,CO 80110, ("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 January 09,2012,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. County agrees to pay Contractor for services performed as set forth on
Exhibit A at the rate of$150.00/Hour. Charges shall be based on the time actually spent
performing the services, but shall exclude travel time.
b. Mileage may be charged to and from any required job site at a rate of$ .50
cents per mile for a maximum mileage charge of$175.00 or 350 miles. 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 $1,375.00.
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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 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
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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.
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.
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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.
IN WITNESS WHEREOF,the parties have executed this Agreement as of the date and
year written below.
CON CTOR: / )
1.=
BY' (JR()k_ t'`
Title: Executive D�recto) \\
ATTEST(Sole " s BOARD OF COUNTY
CLERK TO THE BOARD � is Le OMMISSIONERSOF WELD COUNTY
By: LLB ,w / s .� I r �.�..
Deputy Cle`�to the Board A Sean P. Conway, Chairman
FEB 2 2 2012
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EXHIBIT "A"
CONTRACTOR:
Name: Creative Perspectives,Inc.
Address: 901 Englewood Parkway,Suite 118,Englewood,CO 80110
Tax I.D. or Social Security Number: 72-1570812
1. Services to be Provided by Contractor: Board-Certified Behavioral Analyst will provide
consultation and feedback to family regarding needs and behavior management of Asperger's
child. Services will be provided in two (2)4-hour sessions in the family home.
To Name of Client: Ashton Penn, (Child)and Steve and Lynnie Mullins(Parents).
Location of Services to be provided to the Client: 31185 5th Street,Gill,CO 80624.
2. County agrees to purchase and Contractor agrees to furnish 8 units of Behavioral Management
Consultation/Education Specific to Asperger's at the cost of$150.00 per unit of service 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:
❑ 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.
Z Child Welfare Administration
n 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.
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.
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1) 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:
A comprehensive report must be submitted to the referring caseworker(Julie Terasaa)
following each of two(2)4-hour sessions. Total of two (2) reports remitted.
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)
c)
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