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HomeMy WebLinkAbout20000528 AGREEMENT FOR PROFESSIONAL CONSULTATION/TRAINING FOR WELD COUNTY JUVENILE DIVERSION PROGRAM THIS AGREEMENT is made and entered into this gell day of February, 2000, nunc pro tune, January 1, 2000, by and between the County of Weld, State of Colorado, by and through the District Attorney of the 19" Judicial District, by and on behalf of the Juvenile Diversion Program, whose address is 915 Tenth Street, Greeley, Colorado 80631, hereinafter referred to as "Juvenile Diversion Program", and Laura Carver, whose address is 3211 20" Street, Suite D, Greeley, Colorado 80634, hereinafter referred to as "Consultant", (Licensed Professional Counselor). WITNESSETH: WHEREAS, the Juvenile Diversion Program provides counseling-type services to juveniles who are in trouble with the law, and WHEREAS, Juvenile Diversion is in need of consultation/training by a Licensed Professional Counselor to assist the Juvenile Diversion Program in providing counseling-type services to juveniles, and WHEREAS, Consultant has time available to devote to such work at the hourly rate which is set forth below. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein,the parties hereto agree as follows: 1. TERM: The term of this Agreement shall be from March 1, 2000, through and until December 31, 2000. 2. SERVICES PROVIDED BY PHYSICIAN: Consultant agrees to provide one 60- minute session per month for consultation and training to the counselors involved in the Juvenile Diversion Program. 3. COMPENSATION: Juvenile Diversion agrees to pay Consultant for all service performed hereunder at the rate of$85.00 per hour. Consultant agrees to bill Juvenile Diversion for all such services on a monthly basis. The parties agree that the hourly compensation as contemplated herein shall constitute the entire amount of compensation due to Consultant for any work performed hereunder. Consultant shall not be entitled to the payment of any additional expenses, including, but not limited to, travel expenses, overhead, and daily expenses. The cap for the amount of money which may be spent by Juvenile Diversion in 2000 for Ms. Carver's professional services shall be $850.00. Page 1 of 3 2000-0528 -11)ROC 15 4. INDEPENDENT CONTRACTOR: Consultant agrees that she is an independent contractor and she will not become an employee of the District Attorney, nor is she entitled to any employee benefits as a District Attorney, Juvenile Diversion employee as a result of the execution of this Agreement. 5. INDEMNIFICATION: Consultant shall indemnify District Attorney, Juvenile Diversion Program, its officers and employees, against liability for injury or damage caused by any negligent act or omission by Consultant in the performance of this Agreement and shall hold the District Attorney harmless from any loss occasioned as a result of the performance of this Agreement. 6. NON-ASSIGNMENT: Consultant may not assign or transfer this Agreement, any interest therein or claim thereunder, without the prior written approval of the District Attorney. 7. ACCESS TO RECORDS: District Attorney shall have access to Consultant's financial records for the 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. 8. 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. 9. TIME OF THE ESSENCE: Time is of the essence in each and all of the provisions of this Agreement. 10. ENTIRE AGREEMENT/MODIFICATIONS: This Agreement constitutes the entire understanding between the parties with respect to the promises and covenants made therein. No modification of the terms of this Agreement shall be valid unless made in writing and agreed to by both parties. 11. NON-APPROPRIATION: No portion of this Agreement shall be deemed to create an obligation on the part of the District Attorney to expend funds not otherwise appropriated in each succeeding year. 12. WAIVER OF IMMUNITIES/THIRD PARTY LIABILITY: No portion of this Agreement shall be deemed to constitute a waiver of any immunities of the District Attorney or its officers or employees may possess, nor shall any portion of this Agreement be deemed to have created a duty of care with respect to any persons other than the District Attorney and not a party to this Agreement. Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have signed this Agreement this/t f11 day of February, 2000, nunc pro tune, January 1,2000. DISTRICT ATTORNEY 19'JUDICIAL DISTRICT ei...>4.....7.z._ ----) /j'S/ 6 A.M. om' ez,Jr. ,' �� Date I) SUBSCRIBED AND SWORN to before me this j f day of v b(LI (( , 2000. / 4 � ' WITNESS my hand and official seal. ' /i 7/ 7 ' MY COMMISSION EXPIRES: 07/01/2001 of Pub is CAROL S. BEL 915 10TH ST.• O GREELEY, CO 80631 My commission expires: CONSULTANT (LICENSED PROFESSIONAL COUNSELOR)‘‘-c - atvcA C ittA,L ,___ - / ., - eTt a Carver,MA,LPC Date SUBSCRIBED AND SWORN to before me this / day of '4-1.- -il , 2000. WITNESS my hand and official seal. /i (1 i'd 61e.t d-z—a__ ..;:( 4L—Zi-2-74 4 / Notary Public 0 �.0pp Y PU�� r.t rr l My commission expires: /3/. -,.-4--ot-e.) PATRICIA M.`: GUTIERREZ M:\WPFILESWGREE\PROFCONTR.WPD Page 3 of 3 Nu. COUNTY OF WELD, STATE OF COLORADO SIANDARO AGRIIMINI THIS AGREEMENT, made and entered into this day of February 7h7e 2000, by and between the COUNTY OF WLLD, State of Colorado, hereinafter called the County, and Laura Carver, MA, LPC hereinafter celled the Contractor. WITNESSETH: That the Contractor for and in consideration of the covenants , conditions, agreements , and stipulations of the County hereinafter expressed, does hereby agree to furnish to the County services and materials , as follows, and/or as described on exhibits attached to and incorporated herein. (Set forth service to be rendered by Contractor, County Department receiving service, Contractor's qualifications, and additional provisions incorporated. ) *See attached contract agreement CONTRACT PERIOD will be from March-1, 2000 through December 31, 2000 COMPENSATION: County agrees to pay Contractor for services performed hereunder at a rate of $ s5.00 per hour and/or n/a • The total amount paid by County to Contractor under this agreement shall not exceed the sum of $ 850.00 ADDITIONAL PROVISIONS set forth on the reverse side hereof constitute a part of this agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written. COUNTY OF ELD CONTRACTOR reA-LT' airman, Board of Coun Laura Carver, MA, LPC C onvi i s s i on e rs By Consultant to Juvenile Diversion Program oniwt.7" I i Title 0WA8/00 Approved As To Form: Address - Purchasing — Director of Finance & Administration SSr or E. I.N.y� ADDITIONAL PROVISIONS 1 . Contractor agrees that it is an independent Contractor and that its officers and employees do not become employees of County nor are they entitled to any employees benefits as County employees as a result of the execution of this agreement. 2. Contractor shall indemnify County, its officers and employees against lia- bility for injury or damage caused by any negligent act or omission of any of its employees or volunteers or agents in the performance of this agree- ment and shall hold County harmless from any loss occasioned as a result of the performance of this contract by Contractor. The Contractor shall provide necessary workman's compensation insurance at Contractor's own cost and expense. 3. No officer, member or employee of County and no member of their governing bodies shall have any pecuniary interest, direct or indirect, in this agree- ment or the proceeds thereof. No employee of Contractor nor any member of an employee's family shall serve on a County hoard, committee or hold any such position which either by rule, practice or action nominates , recommends , supervises Contractor's operations, or authorizes funding to Contractor. 4. Contractor may not assign or transfer this agreement, any interest therein or claim thereunder without the prior written approval of County. 5. Payment to Contractor will be made only upon presentation of a proper claim by Contractor subject to the approval of the County Department or Agency for which the services have been performed. 6. County shall have access to Contractor's financial records 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 pur- poses for five years after final payment hereunder. 7.. County may terminate this agreement at any time by giving Contractor a ten day written notice of such sooner termination and may be terminated at any time without notice upon a material breach of the terms of this agreement by Contractor. 8. Time is of the essence in each and all the provisions of this agreement . 9. No alteration or variation of the terms of this agreement shall be valid unless made in writing and signed by the parties hereto. 10. Contractor shall not be allowed or paid travel expenses unless set forth in this agreement . 11 . Contractor assures that it will comply with Title VI of the Civil Rights Act of 1964 and that no person shall , on the grounds of race, creed, color, sex or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this agree- ment. 12. County shall have a royalty-free, non-exclusive, and irrevocable license to reproduce, publish, use, and to authorize others to do so, all original computer programs , writing, sound recordings, pictorial reproductions , draw- ings and other works of similar nature produced in the course of or under this agreement; and Contractor shall not publish any such material without prior written consent of County. 13. Contractor agrees that determinations of rights to inventions made in the course of or under this agreement shall be made by County, and that County shall acquire an irrevocable, non-exclusive, and royalty-free license to practice and use, and let any public agency practice and use, any such invention. Hello