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:
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Deput. Clerk = the Board
Count Attorney
Date of signature. 1113
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David E. Long
BOARD OF CC
WEL TCO NT
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NTY COMMISSIONERS
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arla Kirkmeyer
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2009-1495
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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.
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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
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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
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