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Home My WebLink About20110173.tiff MEMORANDUM 1 8 6 1 - 2 0 1 1 DATE: January 10, 2011 TO: Barbara Kirkmeyer, Chair, Board of County Commissiopers WEL ©L,COUNTY • /LUk ' (. w - FROM: Judy A. Griego, Director, Human Services Departm�rrt RE: Agreement for Professional Services between the Weld County Department of Human Services and Mon Mon Wai For Placement on the Consent Agenda Enclosed for Board approval is an Agreement for Professional Services between the Department and Mon Mon Wai. This Agreement was reviewed by the Board by a Pass-Around Memorandum dated December 29, 2010, and approved for placement on the Board's Consent Agenda. The major provisions of this Agreement are as follows: No Provider/Term Program Area Rates 1 Mon Mon Wai Interpretation services to $50.00 per complete the eligibility hour, not to January 1, 2011—December 31, 2011 process for Monolingual exceed 80 hours customers who speak Max. $4,000 Burmese, Rakhine and Kayini If you have any questions, please give me a call at extension 6510. (1- • Esc) /1/4)15(j14 - l y I 2011-0173 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(11 Avenue, Greeley, Colorado, 80631 ("Human Services"), and Mon Mon Wai whose address is 2700 Crescent Cove Drive, Apartment 206, Evans, Colorado 80538, ("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, 2011 through and until December 31, 2011. 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 the rate of$50.00 per hour. Charges shall be based on the time actually spent performing the services, but shall exclude travel time. 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 $4,000.00. 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. 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 I luman 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 to Human Services a Certificate of Insurance showing coverage of$1,000,000 for the risks of liability stated herein for which Contractor has agreed to defend and indemnify, which Certificate shall show "Weld County, the Board of County Commissioners of Weld County, its employees and officers" as Additional Named Insureds. 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. 2 J 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. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year written below. Contractor's Signature: II / 12 / 10 Date 3 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORA 0 ATTEST: B • air Elsa Weld County Clerk to the Beds • -� JAN 1 2 2011 fabf Off' By: Deputy C k to the Board WELD COUNTY DEPARTMENT OF HUMAN SERVICES By: l�0 J y A. Gri go, Dir for 4 ao//-c/Z3 EXHIBIT A SCOPE OF SERVICES 1. Target/Eligible Population The population to be served under this contract includes all Human Services identified applicants and recipients of public assistance (Customer). 2. Types of Services to be Provided Interpretation services as needed and coordinated by Human Services 3. Service Time Frames Not to exceed 80 hours in the contract period. 4. Outcomes 1. Provide clear and concise interpretation, to the Customer, for all Human Services' identified forms necessary to complete the eligibility process. 2. Provide clear and concise interpretation between Human Services' staff and the Customer that is necessary to complete the eligibility process. 5 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 $50.00 per hour not to exceed $4,000. Services are not to exceed 80 hours per the contract. 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. 6 Hello