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HomeMy WebLinkAbout20091495.tiffRESOLUTION RE: APPROVE AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO SIGN - PATRICIA MCGUIRE 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 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, Divisions of Employment Services and Child Welfare and Assistance Payments, and Patricia McGuire, commencing June 1, 2009, and ending May 31, 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 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, Divisions of Employment Services and Child Welfare and Assistance Payments, and Patricia McGuire 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 29th day of June, A.D., 2009, nunc pro tunc June 1, 2009. ATTEST: Weld County Clerk to t BY: cur Deput. Clerk = the Board Count Attorney Date of signature. 1113 0c1 David E. Long BOARD OF CC WEL TCO NT e., P. Conway NTY COMMISSIONERS OLORADO arla Kirkmeyer (C' : 1-151( 2009-1495 H R0080 O 7 42.3/Oc7 MEMORANDUM 4AE°:04; DATE: June 25, 2009 TO: William F. Garcia, Chair, Board of County ommissioners FROM: Judy A. Griego, Director, Human Services epart ant COLORADO RE: Agreement between the Weld County Department of Human Services and Patricia McGuire Enclosed for Board approval is an Agreement between the Weld County Department of Human Services and Patricia McGuire. This Agreement was presented at the Board's June 22, 2009, Work Session. The major provisions of this Agreement are as follows: No. Provider/Term Program Areas Rate 1 McGuire, Patricia June 1, 2009 — May 31, 2010 _ Consultation $40.00 per hour — Up to 1,000 hours If you have any questions, give me a call at extension 6510. 2009-1495 AGREEMENT BETWEEN PATRICIA MCGUIRE AND WELD COUNTY DEPARTMENT OF HUMAN SERVICES THIS AGREEMENT made and entered into this Is' day of June 2009, by and between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Department of Human Services and its Divisions of Employment Services, Child Welfare and Assistance Payments, hereinafter referred to as `Department' and Patricia McGuire, hereinafter referred to as "Consultant". WITNESSETH WHEREAS, the Department will contract with Consultant for continued assistance in research, project development, child care audits and other projects for the Division of Employment Services, Child Welfare and Assistance Payments, and; WHEREAS, the Department will provide technical assistance and direction; NOW THEREFORE, inconsideration of the covenants, conditions, agreements and stipulations hereinafter expressed, the parties do hereby agree as follows: 1. Term: The term of this Agreement between the Department and Consultant shall be for the period beginning June 1, 2009 through May 31, 2010. 2. The Department's Responsibilities: a. Provide background material and other support b. Monitor progress weekly or as needed c. Provide technical assistance and direction d. Pay Consultant Forty Dollars ($40.00) per hour, for between 700 and 1000 hours. 3. Consultant Responsibilities: a. Review appropriate material and draft document under the direction of the Department Director or Division Heads, meeting with staff as appropriate b. E -Mail drafts for input and direction c. Consultant will bill the Department for total owed monthly 4. Modification of Agreement: All modifications to this Agreement shall be in writing and signed by both parties. 5. Assignment: This Agreement shall be binding upon the parties hereto, their successors, and heirs, legal representatives and assigns. Neither party may assign any of its rights/obligations hereunder without the prior written consent of the other party. .2(e9 -/e/219- Agreement with Pat McGuire Page 2 Termination: This Agreement may be terminated at any time by either party giving thirty (30) days written notice and is subject to the availability of funding. 7. Entire Agreement: This Agreement constitutes the entire understanding between the parties with respect to the subject mater hereof and may not be changed or modified. 8. Waiver or Immunities/Third Party Liability: No portion of this Agreement shall be deemed to constitute a waiver of any immunity the parties or their officers or employees may possess nor shall any position of this Agreement be deemed to have created a duty of care with respect to any persons not a party to this Agreement. Non -appropriation: No portion of this Agreement shall be deemed to create an obligation on the part of the Consultant, the County of Weld, State of Colorado, to expend funds not otherwise appropriated in each succeeding year. 10. Severability: If any section, subsection, paragraph, sentence, clause or phrase of the Agreement is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions. The parties hereto declare they would have entered into this Agreement and each and every section, subsection, paragraph, sentence, clause and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses or phrases might be declared unconstitutional or invalid. 11. Assurances: a. The Consultant agrees that she is an independent contractor and will not become an employee of Weld County and therefore is not entitled to any employee benefits as a Weld County employee as result of the execution of this Agreement. b. The Department, the Weld County Board of Commissioners, its officers and employees shall not be held liable for injuries or damages caused by any negligent acts or omissions of the Consultant while performing this Agreement. The Consultant shall not be held liable for injuries or damages caused by any negligent acts or omissions of the Department, or its employees, while performing functions as described in this Agreement. The Consultant shall provide adequate liability and worker/s compensation as required by the Colorado Worker's Compensation Act. Likewise, the Department, by and through the Board of Weld County Commissioners, shall • Agreement with Pat McGuire Page 3 provide adequate liability and worker's compensation insurance for all employees of the Department engaged in the performance of this Agreement. c. No officer, member or employee of the Consultant and no member or their governing bodies shall have any pecuniary interest, direct or indirect, in the approved Agreement or the proceeds thereof d. Consultant understands that the Department shall monitor and evaluate the performance of this Agreement. e. Consultant and the Department assure compliance with Title VI of the Civil Rights Act of 1986 and that no person shall, on the grounds of race, creed, color, sex, handicap, or national origin, be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination under the approved Agreement. IN WITNESS WHEREOF, the parties hereunto have caused this Agreement to be duly executed as of the day and year first hereinabove set forth. WELD COUNTY BOARD OF COUNTY COMMISSIONERS William F. Gareth, Chair JUN 2 9 2009 ATTEST: WELD COUNTY CLERK By Deputy Clerk to the Board CONSULTANT Patricia McGuire WELD COUNTY DEPARTMENT OF HUMAN SERVICES &cc9- /V>` Hello