HomeMy WebLinkAbout20092564.tiffRESOLUTION
RE: APPROVE TWO AGREEMENTS FOR PROFESSIONAL SERVICES WITH VARIOUS
PROVIDERS AND AUTHORIZE CHAIR TO SIGN
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 two Agreements 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 the
providers listed below, with further terms and conditions being as stated in said agreements, and
1. Andrea Noel Stewart (Term - September 1, 2009 - August 31, 2010)
2. Susan Bjorland (Term - August 1, 2009 - July 31, 2010)
WHEREAS, after review, the Board deems it advisable to approve said agreements, copies
of which are attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the two Agreements 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 the providers listed above, be, and hereby are,
approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreements.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 28th day of September, A.D., 2009, nunc pro tunc August 1, 2009,
respectively.
Weld County Clerk
to
BY: �O•
Deputy Clerk to the Boar
APP VEDAS
6un��rney
Date of signature 42 i_
BOARD OF C UNTY COMMISSIONERS
WEtD COy I7Y1 COLORADO
her, Pro-Tem
eta P. Conway ,
laidAtCA—
Barb r Kirkmeyer
David E. Long j
2009-2564
HR0080
/O%7/O1
MEMORANDUM
DATE: September 23, 2009
TO. William F. Garcia, Chair, Board of County Commissioners n/-
FROM: Jud A. Grie o Director, Human Services De a en'"\ 1 k�
•
y g' p, .+ J
COLORADO RE:
Agreement for Professional Services between the Weld
County Department of Human Services and Various Providers
Enclosed for Board approval are Agreements for Professional Services between the
Department and various providers.
The following Agreement was presented at the Board's August 31, 2009, Work Session.
The major provisions of this Agreement are:
No.
Provider/Term
Program Area
Rates
I
Andrea Noel Stewart
September 1, 2009 — August 31, 2010
Child Welfare
Max. $25,000
The following 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
Bjorland, Susan
August 1, 2009 - July 31, 2010
Human Management
Consultant — Helping the
Department with quality job
descriptions,
assessments/testing criteria
for new employees,
development of
volunteer/internship
program, and foster parent
assessment criteria. These
activities will be done in
conjunction with County
Human Resources
Max. $45,600
If you have any questions, give me a call at extension 6510.
2009-2564
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 Andrea Noel Stewart
whose address is 2720 West 23"I Street, Greeley, Colorado, 80634, ("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 September 1, 2009, through and until
August 31, 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 $23.39 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 $25,000.
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.
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
1
Contract No. 09 -10 -CPS -87
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 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 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 the County 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.
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
Contract No. 09 -10 -CPS -87
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:
i
Date
3
Contract No. 09 -10 -CPS -87
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
By:
Chair
William F. Garcia
SEP 2 2009
WELD COUNTY DEPARTMENT
OF HUMAN SERVICES
By:
Judi&. GriegDirector
4
ATTEST:
Weld County Clerk to the
By:
Deputy Clerks the Board
D7CO9-a/5�..
Contract No. 09 -10 -CPS -87
EXHIBIT A
SCOPE OF SERVICES
A. Target/Eligible Population
The population to be served under this contract includes children and families involved with the Child
Welfare units of the Weld County Department of Human Services. The population includes: children and
families who have been referred for investigation for possible abuse, neglect and/or safety issues, children
and families in need of supervised parenting time and parenting education; children and families who are
participating in formal parenting classes.
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, and staffing with the assigned Child Welfare
supervisor. 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 10-15 referrals a year for investigation of abuse and neglect.
The workload for parenting education would include the provision of an ongoing parenting class, for which
there would be a minimum of 5 parents. Additionally, the PROVIDER would receive referrals of 2-3
families per month for therapeutic supervised parenting time.
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 master's 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 requirements for providing supervised parenting time and parent
education. The PROVIDER is required to pass all appropriate background checks for purposes of fulfilling the
requirements of a caseworker III/therapeutic visitation caseworker.
5
Contract No. 09 -10 -CPS -87
EXHIBIT B
PAYMENT SCHEDULE
1. 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 $25,000.
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 Child Welfare Regular Administration
funds 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 $23.39 per hour from the initial response of an
investigation to the completion. Additionally, the PROVIDER shall received $23.39 per hour for provision
of therapeutic supervised parenting time, and the preparation and provision of parenting classes. This
includes all required documentation in Trails, preparation of monthly reports, face to face contact with
clients, staffings with caseworkers, court testimony, and any other requirements of this position. 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. The PROVIDER is approved for 20 hours per week at $23.39 per hour, $467.80 per week,
$24,325.60 for 52 weeks.
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.
6
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 Susan Bjorland, whose address is
2680 63`d Avenue, Greeley, Colorado, 80634, ("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 1, 2009 through and until May 30,
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 $3,800 per month. 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 $45,600.
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.
1
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.
2
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
3
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 Sigryate:
7
Susan Bjorland
6172
Date
/CC!
BOARD OF COUNTY COMMISSIONERS
WELD DCOUN,TY5 COLORADO ATTE 'T:
By:
William F. Garcia, Chair
SEP 2 ~! Z009
WELD COUNTY DEPARTMENT
OF HUMAN SERVICES
By:
Ju
4
Weld County Clerk to the B
By:
Deputy Cler to the Boa
,?cr9-,2561/
EXHIBIT A
SCOPE OF SERVICES
1. Create quality, complete and uniform job descriptions for every employee in the Weld
County Department of Human Services by coordinating the Mountain States Employers
Council (MSEC), Weld County Human Resources, and Judy Griego and her staff.
2. Create job description documents to be used for recruiting and department searches.
3. Create complete and accurate Organizational Charts for each division.
4. Compare similar job descriptions throughout the Department to evaluate feasibility of
employees moving laterally or advancing to various positions in Department.
5. Secure or develop uniform assessments to enhance new hire screening and evaluation
efforts.
6. Determine areas of individual performance levels that may be improved through
additional training opportunities and secure or develop training programs.
7. Utilize above experience and formula to create a similar program to recruit, evaluate and
train Foster Care Providers.
8. Additional Human Management projects as developed and directed by Judy Griego.
5
EXHIBIT B
PAYMENT SCHEDULE
1. Funding and Method of Payment
Human Services agrees to reimburse Contractor in consideration for the work and
services performed for various Divisions within the Department under appropriate
Human Services/Social Services funding sources not to exceed $45,600.
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 Human Services/Social Services 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
Human Services agrees to reimburse the Contractor at $45,600 for 52 weeks for services
pursuant to the terms and conditions of Exhibit A.
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