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HomeMy WebLinkAbout20241122.tiffCorn-Cf- (7SOc 1 WELD COUNTY AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY AND EMILIA MCGINN THIS AGREEMENT is made and entered into this lUtin day of N l , 2024, by and between the County of Weld, a body corporate and politic of the State of Colorado, by anthrough its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and Emilia McGinn, who whose address is 9143 West 90th Court, Westminster, Colorado 80021, hereinafter referred to as "Contractor". WHEREAS, County desires to retain Contractor as an Independent Contractor to perform services as more particularly set forth below; and WHEREAS, Contractor has the ability, qualifications, and time available to timely perform the services, and is willing to perform the services according to the terms of this Agreement. WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibit A, Scope of Services and Rate Schedule, which forms an integral part of this Agreement. Exhibit A is specifically incorporated herein by this reference. 2. Service or Work. Contractor agrees to provide all services, labor, personnel and materials necessary to perform and complete the work outlined in the Scope of Work, as set forth in Exhibit A. Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Work within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement shall be from May 1, 2024, through April 30, 2025, or Contractor's completion of the responsibilities described in Exhibit A. This Agreement may be extended annually upon written agreement of both parties. 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. Either Party may immediately terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving such notice to cure such breach. If cure is timely accomplished to satisfaction of non -breaching party, then agreement will continue under its current terms and conditions. If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the services which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material eomer,-1- piook,� � 5/ln/2� 2024-1122 generated pursuant to this Agreement upon termination. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. 6. Compensation/Contract Amount. County agrees to pay Contractor through an invoice process during the course of this Agreement in accordance with the Rate Schedule as described in Exhibit A. Contractor agrees to submit invoices which detail the work completed by Contractor. The County will review each invoice and if it agrees Contractor has completed the invoiced items to the County's satisfaction, it will remit payment to Contractor. Contractor agrees to work within the confines of the Scope of Services and Rate Schedule outlined in Exhibit A. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. 7. Independent Contractor. Contractor agrees that it is an independent Contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment insurance benefits will be available to Contractor and its employees and agents only if such coverage is made available by Contractor or a third party. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. 10. Confidentiality. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this agreement. 2 11. Warranty. Contractor warrants that the services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications, including all Healthcare Policy and Finance requirements related to SIS Assessment Certification. 12. Acceptance of Services Not a Waiver. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor. Acceptance by the County of, or payment for, the services completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance and Indemnification. Contractor shall procure at least the minimum amount of automobile liability insurance required by the State of Colorado for the use of any personal vehicle. Proof of said automobile liability insurance shall be provided to County prior to the performance of any services under this Agreement. 14. Indemnity. The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. 15. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. 16. 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. 17. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 18. Non -Exclusive Agreement. This Agreement is nonexclusive, and County may engage or use other Contractors or persons to perform services of the same or similar nature. 19. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings 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. 20. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 3 21. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement state that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 22. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, 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. 23. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 24. Force Majeure. Neither the Contractor nor the County shall be liable for any delay in, or failure of performance of, any covenant or promise contained in this Agreement, nor shall any delay or failure constitute default or give rise to any liability for damages if, and only to extent that, such delay or failure is caused by "force majeure." As used in this Agreement, "force majeure" means acts of God, acts of the public enemy, unusually severe weather, fires, floods, epidemics, quarantines, strikes, labor disputes and freight embargoes, to the extent such events were not the result of, or were not aggravated by, the acts or omissions of the non -performing or delayed party. 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. 26. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 27. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 28. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibit A , is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. 4 IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. COUNTY: ATTEST: W�• ..' BOARD OF COUNTY COMMISSIONERS Clerk to the Board Deputy Clerk to the Boa WELD COUNTY, COLORADO Kevin D. Ross, Chair ( 1:`i' 0 C 2r 4, ENDOR: Emilia McGinn 9143 West 90th Court Westminster, Colorado 80021 E ii!Gia McGinn By: Emilia McGinn (Apr 29, 2024 22:52 MDT) Emilia McGinn Date: Apr 29, 2024 5 EXHIBIT A SCOPE OF SERVICES AND RATE SCHEDULE 1) The Contractor will need to complete the deliverables listed below: a. The Support Intensity Scale (SIS) Assessor is obligated to maintain current credentials with the Department of Health Care Policy & Financing (HCPF) SIS Team. b. The Assessor shall provide information regarding their availability to conduct SIS assessments, whether in -person or virtual. c. When a SIS assessment needs to be scheduled or completed, the Case Management Agency (CMA) Program Manager will email the Assessor with the following details: d. Name, date of birth, Medicaid number, address, and phone number of the member. e. Names, email addresses, and phone numbers of respondents. f. Any specific days of the week or times of day preferred or to be avoided for scheduling the SIS assessment. g. The SIS Assessor will promptly contact the member/respondents to arrange the earliest possible date for the SIS assessment. If the schedule date is beyond one (1) business day, the SIS assessor will notify the CMA Program Manager of the date and reason for delay. h. After scheduling, the Assessor will share the most recent versions of the following forms and guides with the member and respondents via email: i. SIS Complaint Process j. Support Level Review Process k. Supports Intensity Scale and Support Level Disclosure forms. I. SIS-A Respondent Guide m. On the day of the SIS assessment, the Assessor will review each form with the individual and their guardian, if applicable, and obtain signature(s) on the Disclosure form. n. Upon completion of the SIS assessment, the Assessor will enter the documentation into SIS Online within 3 days business days. o. The Assessor will notify the CMA Program Manager via secure email that the SIS assessment has been entered. The Assessor will attach the signed Disclosure form and their invoice to the email. If completing multiple assessments during a calendar month, the Assessor may submit their invoice listing all assessments at the end of the month. 2) Fees for Services: a. Services rendered will be reimbursed at $225.00 per completed assessment. 3) Invoice and Payment a. Monthly Invoicing: The Contractor shall invoice CMA within four (4) working days of the end of the month in which the services were performed, except at the end of the fiscal year when invoices are due two (2) working days from the end of the fiscal year. b. Invoices should be sent via email to wccmabillingPweld.gov c. Vendor must include the following detail on invoices in order to be paid for services: i. Name of member/respondent(s) assessed. ii. Dates of Service. iii. Total Amount Due. 6 d. In order to comply with HCPF State General Funds reporting requirements, no invoices received from the Contractor after July 3, 2024, for Fiscal Year July 1, 2023 thru June 30, 2024 will be accepted or paid by CMA, the date of July 3, 2024 is subject to change pending Fiscal Year 24-25 holiday schedule. e. County shall pay Contractor within thirty (30) days of County's receipt of such invoice. 7 SIGNATURE REQUESTED: Weld/Emilia McGinn SIS PSA 2024 Final Audit Report 2024-04-30 Created: 2024-04-24 By: Sara Adams (sadams@weld.gov) Status: Signed Transaction ID: CBJCHBCAABAACJGGrcTGUR3xdg7tfEJvKfebsZKxuL1j "SIGNATURE REQUESTED: Weld/Emilia McGinn SIS PSA 202 4" History ,t Document created by Sara Adams (sadams@weld.gov) 2024-04-24 - 10:05:57 PM GMT E-1 Document emailed to emiliamcginn@gmail.com for signature 2024-04-24 - 10:06:52 PM GMT t Email viewed by emiliamcginn@gmail.com 2024-04-24 - 10:10:27 PM GMT In Email viewed by emiliamcginn@gmail.com 2024-04-26 - 3:38:56 PM GMT- IP address: 74.125.215.67 ,t Email viewed by emiliamcginn@gmail.com 2024-04-28 - 0:03:07 AM GMT- IP address: 74.125.215.68 ,t Email viewed by emiliamcginn@gmail.com 2024-04-29 - 3:43:17 PM GMT- IP address: 74.125.215.66 roe Signer emiliamcginn@gmail.com entered name at signing as Emilia McGinn 2024-04-30 - 4:52:47 AM GMT- IP address: 98.43.132.74 4 Document e -signed by Emilia McGinn (emiliamcginn@gmail.com) Signature Date: 2024-04-30 - 4:52:49 AM GMT - Time Source: server- IP address: 98.43.132.74 O Agreement completed. 2024-04-30 - 4:52:49 AM GMT Powered by Adobe Acrobat Sign Contract Form Entity Information Entity Name* MCGINN, EMILIA Entity ID" @00048551 Contract Name* Contract ID MCGINN, EMILIA CASE MANAGEMENT AGENCY (CMA) 8097 SUPPORT INTENSITY SCALE (SIS) PROFESSIONAL * SERVICES AGREEMENT Contract Lead SADAMS Contract Status CTB REVIEW Q New Entity? Contract Lead Email sadams@weld.gov;cobbx xlk@weld.gov Parent Contract ID Requires Board Approval YES Department Project # Contract Description * (CONSENT) MCGINN, EMILIA CASE MANAGEMENT AGENCY (CMA) SUPPORT INTENSITY SCALE (SIS) PROFESSIONAL SERVICES AGREEMENT. TERM 05/01/24 THROUGH 04/30/25. Contract Description 2 PA ROUTED THROUGH BOCC ON 4/24/2024 AND WAS APPROVED ON 5/1/2024, KNOWN TO CTB AS TYLER# 2024-1053 Contract Type* AGREEMENT Amount* $0.00 Renewable * NO Automatic Renewal Grant IGA Department Requested BOCC Agenda Due Date HUMAN SERVICES Date* 05/02/2024 05/06/2024 Department Email CM - Hu manServices@weldgov. com Department Head Email CM-HumanServices- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL DGOV.COM Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Review Date* 02/28/2025 Committed Delivery Date Renewal Date Expiration Date* 04/30/2025 Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date CONSENT 05/01/2024 Approval Process Department Head Finance Approver Legal Counsel JAMIE ULRICH CONSENT CONSENT DH Approved Date Finance Approved Date Legal Counsel Approved Date 05/01/2024 05/01/2024 05/01/2024 Final Approval BOCC Approved Tyler Ref # AG 050624 BOCC Signed Date Originator SADAMS BOCC Agenda Date 05/06/2024 Hello