HomeMy WebLinkAbout20092618RESOLUTION
RE: APPROVE AGREEMENT FOR PROFESSIONAL SERVICES AND AUTHORIZE CHAIR TO
SIGN - DYNAMIC FAMILY DESIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Agreement for Professional Services
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Human Services, and Dynamic
Family Design, commencing June 16, 2009, and ending June 16, 2010, with further terms and
conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of
which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Agreement for Professional Services between the County of Weld, State
of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Department of Human Services, and Dynamic Family Design, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 5th day of October, A.D., 2009, nunc pro tunc June 16, 2009.
Weld County Clerk to the
he Board
ArVELYAS Tp-F`OhM:
-Courl't/9Attorney
Date of signature:S
BOARD OF COUNTY COMMISSIONERS
WELD COUNDY'. COLORADO
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David E. Long
2009-2618
/o4 /07 HR0080
MEMORANDUM
DATE: September 30, 2009
TO: William F. Garcia, Chair, Board of County Commissioners
C. FROM: Judy A. Griego, Director, Human Services Dep'a tment
COLORADO RE
Agreement for Professional Services between the Weld
County Department of Human Services and Dynamic Family
Design
Enclosed for Board approval is an Agreement for Professional Services between the
Department and Dynamic Family Design. This Agreement was presented at the Board's
September 22, 2009, Work Session.
The major provisions of this Agreement are:
No.
Provider/Term
Program Area
Rates
1
Dynamic Family Design
June 16, 2009 — June 16, 2010
Child Welfare —
Investigations at Platte
Valley Youth Services
Max. $50,000
If you have any questions, give me a call at extension 6510.
2009-2618
Contract No. 09 -10 -CPS -87
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 Dynamic Family Design, whose
address is 36376 Mason View Drive, Eaton, Colorado, 80615, ("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 June 16, 2009 through and until June
16, 2010.
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 $35.00 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 .565 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 $50,000.
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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Contract No. 09 -10 -CPS -87
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 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.
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Contract No. 09 -10 -CPS -87
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 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
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Contract No. 09 -10 -CPS -87
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 SIGNATUR
Keith Wawrzyniak, MSC
Date
BOARD OF COUNTY COMMISSIONERS
WELD COUNTh. COLORADO ATST:
William F. Garcia, Chair GUI _ u Luu9
WELD COUNTY DEPARTMENT
OF HUMAN SERVICES
By:
4
Weld County Clerk to the/ Board
B _
y:�.
Deputy Clerk to the Board
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Contract No. 09- I 0 -CPS -87
EXHIBIT A
SCOPE OF SERVICES
A. Target/Eligible Population
The population to be served under this contract includes Platte Valley Youth Services (PVYS)
investigations. This would include all investigations in which Child Welfare determines that there is
suspected abuse or neglect in a referral at PVYS.
B. Types of Services to be Provided
Services provided will include meeting the assigned response time, documenting all contacts and reports in
the Trails system, staffing at the Child Protection Team, staffing with the assigned Child Welfare supervisor
and completing the stage I reports timely, per Volume 7 reference 7.202.54 K. "Require the submission of a
written report by the investigating county within 60 calendar days after the initial receipt of the report of
child abuse or neglect". The PROVIDER will be directly supervised by an assigned Child Welfare
supervisor. Human Services is responsible for not only completing the investigations but also for the
supervision of the staff that complete them. The PROVIDER will be held to the same standard of report
writing and investigative skills as a regular employee of the Department of Human Services and thus will be
reviewed by the direct Child Welfare supervisor and the Child Protection Manager III every six months and
if the PROVIDER is not meeting the requirements of the position this contract will be terminated according
to the provisions set forth in the Agreement.
Service Time Frames
The PROVIDER's workload is approximately 10-20 referrals a year. The PROVIDER will be required to
attend training with regards to institutional investigations; if such training is offered and scheduled by the
Colorado Department of Human Services or equivalent training institution. Human Services will pay for
the cost of such trainings, upon prior approval of Human Services.
D. PROVIDER Qualifications
The PROVIDER assures Human Services that he/she has the equivalent qualifications of a caseworker III,
as defined by Human Services, including a bachelor degree in a human service field and 2 years of
experience in the human service field. The PROVDER also assures Human Services that he/she has
equivalent caseworker III experience in completing direct casework duties and knows the institutional
investigative process. The PROVIDER is required to pass all appropriate background checks for purposes
of fulfilling the requirements of an Institutional Investigator .
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Contract No. 09 -10 -CPS -87
EXHIBIT B
PAYMENT SCHEDULE
I. Funding and Method of Payment
Human Services agrees to reimburse PROVIDER in consideration for the work and services performed
under Child Welfare Regular Administration funding not to exceed $50,000.
Expenses incurred by PROVIDER, 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, if Child Welfare Regular Administration funds, whether in whole or in
part, is subject to and contingent upon the continuing availability of Chi Id Welfare Regular Administration
hinds for the purposes hereof In the event that said funds, or any part thereof, become unavailable as
determined by Human Services, Social Services may immediately terminate this Contract or amend it
accordingly.
2. Fees for Services
Human Service agrees to reimburse the PROVIDER at $35.00 per hour from the initial response of an
investigation to the completion. This hourly rate is based upon the requirement that a caseworker III must
complete these investigations per state and county policy. A caseworker III must have a bachelor degree in
a human service field and 2 years of experience in the human service field. This position requires a
caseworker III that also has experience working at the Department of Human Services completing direct
casework duties and thus understands the investigation process. The caseworker III must also pass a
background check which the PROVIDER will also pass. $2,000.00 will also be available for training needs
of the PROVIDER. On average, an investigation takes about 10-20 hours to complete depending on the
number of youth that need to be interviewed.
3. Submittal of Vouchers
PROVIDER 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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