HomeMy WebLinkAbout20102615.tiff Memorandum
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TO: Douglas Rademacher, Chair
Board of County Commissioners
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FROM: Mark E. Wallace, MD, MPH
WI C Director, Department of Public Heel(ht,
and Environment \� � ( c`-
COLORADO DATE: 10-4-10
SUBJECT: Agreement for Professional Services for
Health Care for Children with Special
Needs (HCP) OT/PT Services
Enclosed for Board review and approval is an agreement between Rose Thompson PT, Regional
HCP OT/PT Regional Coordinator and Weld County Department of Public Health and
Environment to provide technical assistance for children with motor disabilities enrolled in Weld
County Health Care Program for Children with Special Needs (HCP). The term of the contract
is for 10/01/2010- 9/30/2011 for an amount not to exceed $1,000.00.
The agreement allows for: Technical Assistance and Training, Community Development, and
Administration. The 3 main areas described are:
1. Technical Assistance and Training: The OT/PT Regional Coordinator serves as a
technical consultant for the discipline by providing technical advice, community resource
information, care coordination activities, and training to the HCP staff, providers,
families and other community agencies.
2. Community Development: The OT/PT Regional Coordinator expands the knowledge
about IICP services in the community and contributes to the development of systems of
services and support.
3. Administration: The OT/PT Regional Coordinator provides input into policy decisions
for OT/PT services and assists in creating and completing activities which promote
provider training, data collection and quality assurance.
Funding for these services is covered through the 1ICP grant from the Colorado Department of
Public Health and Environment.
I recommend your approval of this amendment.
Enclosure
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2010-2615
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made by and between the County of Weld, State of Colorado, whose
address is 915 10'h Street, Greeley, Colorado, 80631 ("County"), and Rose Thompson whose
address is 40 Walnut Court Eaton, CO 80615, ("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 October 1, 2010, through and until
September 30, 2011 (FY11).
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. County agrees to pay Contractor for services performed as set forth on
Exhibit A at the rate of$24.00 per hour. 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 at a rate of .48 cents per mile. 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 $ 1000.00.
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.
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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 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 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
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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.
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.
Contractor's Signature:
S
Date
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COUNTY OF WELD, STATE OF
COLORADO
ATTE .
By 1,74•-• AAA/ s, 1♦ e
Douglas Rad mache Chair,
Board of County Commissioners ✓� /,l *41 i��:;��
Deputy Clerk : the Bo.'{
NOVO it010
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