HomeMy WebLinkAbout20193340.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR PROFESSIONAL SERVICES AND AUTHORIZE CHAIR
TO SIGN - TED LONG
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 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, Division of
Employment Services, and Ted Long, commencing July 1, 2019, and ending June 30, 2020, 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 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, Division of Employment Services, and Ted Long, 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 24th day of July, A.D., 2019, nunc pro tunc July 1, 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLO ' DO
ATTEST: deg
Weld County Clerk to the B
BY:
eputy ,�'rk to the Boar
APPD AS T
County A ttorney
Steve Moreno
Date of signature: R -1S(19
rbara Kirkmeyer, Chair
ke Freeman, Pro-Tem
Sean
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2019-3340
H R0090
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PRIVILEGED AND CONFIDENTIAL
MEMORANDUM
DATE: July 9, 2019
TO: Board of County Commissioners — Pass -Around
FR: Judy A. Griego, Director, Human Services
RE: Professional Services Agreement for Project -Based
Services - Ted A. Long
The Department's Professional Services Agreement for Project -Based Services — Ted A. Long.
The purpose of this agreement is to provide project -based services to further support Employment
Services of Weld County (ESWC). The primary roles of the contractor include consultation and
elaboration regarding Workforce Innovation and Opportunity Act (WIOA) four-year plan, a Youth Build
Proposal, Temporary Assistance for Needy Families (TANF) work programs analytical reports,
Workforce Development Board initiatives, and State and Federal legislation and regulations.
• Term: July 1, 2019 — June 30, 2020
• Contract Amount: maximum of $40,000.00 for the term
• Rate: $40.00 per hour, billed per a monthly invoice according to time worked on projects
The terms of this agreement have been reviewed and approved by Don Warden, Director of Finance and
Administration, and Patti Russell, Director of Human Resources.
2019-3340
Memorandum; July 9, 2019 — ID 2962 Page 1
1/02q
WELD COUNTY AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN WELD COUNTY AND TED A. LONG
PROFESSIONAL SERVICES CONTRACT
THIS AGREEMENT is made and entered into this p1�T4.
j day of , o2.O/R� by and between
the County of Weld, a body corporate and politic of the State of Colorado, y a through it/Board of County
Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County,"
and Ted A. Long, whose address is 3011 W. 19th Street, Greeley, CO 80634, hereinafter referred to as
"Contractor".
WHEREAS, County desires to retain Contract Professional as an independent Contract Professional to
perform services as more particularly set forth below; and
WHEREAS, Contract Professional 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, Contract Professional 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 Rates of Services, which forms an integral part of this Agreement. Exhibit A is
specifically incorporated herein by this reference.
2. Service or Work. Department of Human Services will provide the materials, equipment and/or products
necessary for the outlined scope of services and the Contractor agrees to diligently provide all services and labor,
as described in Exhibit A.
3. Term. The term of this Agreement shall become effective on July 1, 2019 and shall continue through
June 30, 2020. This contract may be extended annually upon written agreement of both parties.
4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days
written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach
of the terms of the Agreement.
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 for work completed, as outlined in Scope
of Services of Exhibit A, upon receipt of a monthly invoice, as outlined in the Rate Schedule of Exhibit A. County
agrees to pay no greater than $40,000.00, for the term of the agreement. 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
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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.
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.
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.
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.
15. 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.
16. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim
thereunder, without the prior written approval of County.
17. 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.
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18. 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.
19. 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.
20. 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.
21. 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.
22. 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.
23. 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.
24. 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.
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. Public Employment Retirement Program. Contractor is responsible for notifying Weld County of any
previous participation in the Colorado Public Employee Retirement Program. Contractor must notify Weld
county of the most recent employment for a PERA contributing employer.
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29. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does
not knowingly employ or contract with an illegal alien who will perform work under this contract. Contractor
will confirm the employment eligibility of all employees who are newly hired for employment in the United States
to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado
program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not knowingly employ or contract
with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails
to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to
perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program
procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If
Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services
knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within
three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an
illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with
the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within
three days the subcontractor provides information to establish that the subcontractor has not knowingly employed
or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an
investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and
Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days
after hiring a new employee to perform work under the contract, affirm that Contractor has examined the legal
work status of such employee, retained file copies of the documents, and not altered or falsified the identification
documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has
examined the legal work status of such employee and shall comply with all of the other requirements of the State
of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-
101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for
actual and consequential damages.
Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives
federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18)
years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual
applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby
swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully
present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required
by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-
76.5-103 prior to the effective date of the contract.
30. 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.
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IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month,
and year first above written.
COUNTY:
ATTEST: G:;tk
Weld ' o t .Clerk to the Board
By:
Deputy Cl,':to e Boa
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLO • DO
Barbara Kirkmeyer, C
TOR•
Ted A. Long
3011 W. 19th Street
Greeley, CO 80634
By:
(Contractor's Representative), (Title)
Date: Jun 29, 2019
air JUL 2 4 2019
5
EXHIBIT A
I. Scope of Services
Ted A. Long shall provide project -based services for Employment Services of Weld County (ESWC),
regarding:
1. Consulting as an expert on the development of the Workforce Innovation and Opportunity Act
(WIOA) four-year plan for Program Years 2020-2024 including the associated requirements for
that plan;
2. The collaboration on and assistance with the development of a Youth Build Proposal (currently
in process);
3. The continued development of the Temporary Assistance for Needy Families (TANF) work
programs analytical reports including the review of the weekly Workforce Caseload Reports,
Weekly Caseload Breakdown Reports, Weekly Expanded Caseload Breakdown Reports,
Monthly Program Summary Reports and Large County Comparison Reports;
4. Consultation as an expert for general support to Employment Services Division Head including
support and project services regarding Weld County Workforce Board initiatives and;
5. Review proposed and/or pending State and Federal legislation and regulations concerning
Workforce and/or TANF work program services and provide suggestions and advice as well as
other assistance as needed by the Employment Services Division Head.
Contractor will work jointly with Employment Services Division Head and WIOA and TANF
Program staff to accomplish the services under this agreement.
II. Human Services/Employment Services access and services to be Provided:
Human Services/Employment Services agrees to provide Contractor the following:
1. Access to Building B including office space and work station to perform services identified;
2. Computer imaged to allow access to Connecting Colorado and the Colorado Benefits
Management System (CBMS) with access like what was available prior to end of Working
Retiree position;
3. Access to Employment Services printers and printing supplies including paper;
4. Access to appropriate work files (Word, Excel, County email, etc.) on Human Services H://
Drive
5. Access to CBMS and other pertinent work -related platforms.
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EXHIBIT A
III. Rate Schedule
1. Funding and Method of Payment
Human Services agrees to reimburse to Contractor in consideration for the work and Services
performed, a total amount not to exceed Forty thousand dollars ($40,000) for the contract period.
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.
Payment pursuant to this Contract, whether in whole or in part, is subject to and contingent upon
the continuing availability of Workforce Innovation and Opportunity Act and Temporary
Assistance to Needy Families funds for the purposes hereof. If said funds, or any part thereof,
become unavailable as determined by Human Services/Employment Services, Human Services
may immediately terminate this Contract or amend it accordingly.
2. Fee Schedule
Contractor will bill time spent on projects at an hourly rate of $40.00 per hour.
3. Submittal of Vouchers
Contractor shall prepare and submit a monthly invoice to the Department of Human Services,
Employment Services Division Head with the hours worked for the previous month on the 4th
day of each month.
Requests for reimbursement will be submitted to Weld County Human Services, Employment
Services of Weld County, P.O. Box A, Greeley, CO 80632
Contract Form
Entity Information
Entity Name*
LONG. TED
New Contract Request
Contract Name*
PROFESSIONAL SERVICES AGREEMENT
Contract Status
CTB REVIEW
Entity !D
@40001176
❑ New Entity?
Contract ID
2962
Contract Lead*
CULLINTA
Contract Lead Email
cullinta@coweldco.us
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description*
TERM: 07/01/2019 - 06/30/2020. CONTRACT AMOUNT NO GREATER THAN $40.000 00 FOR THE TERM SCOPE OF SERVICES_
PROJECT -BASED SERVICES FOR EMPLOYMENT SERVICES OF WELD COUNTY.
Contract Description 2
Contract Type*
AGREEMENT
Amount*
$40,000.00
Renewable*
NO
Automatic Renewal
Grant
!GA
Department
HUMAN SERVICES
Department Email
C M-
HumanSeroces@weldgov corn
Department Head Email
CM-HurnanSer ices-
DeptHead@weldgov.com
County Attorney
GENERAL COUNTY
A i I ORNEY EMAIL
County Attorney Email
CM-
COUNTYA I I ORNEY@WELD
GOV. C OM
Requested BOCC Agenda
Date*
07/17/2019
Due Date
07+1312019
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
On Base
Contract Dates
Effective Date
Termination Notice Period
Review Date
06/01;2020
Renewal Date
Committed Delivery Date Expiration Date*
06/30,2020
Contact Information
Contact Info
Contact Name
Purchasing
Purchasing Approver
Approval Process
Department Head
JUDY GRIEGO
DH Approved Date
07/12/2019
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
D7/24/2019
Originator
APETZOLD
Contact Type
Contact Email
Finance Approver
BARB CONNOLLY
Contact Phone 1 Contact Phone 2
Purchasing Approved Date
Finance Approved Date
07'1512019
Tyler Ref #
AGC72419
Legal Counsel
ROBIN COCHRAN
Legal Counsel Approved Date
07,16/2019
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