HomeMy WebLinkAbout20163095.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR PROFESSIONAL SERVICES AND AUTHORIZE CHAIR
TO SIGN - BARRY R. LINDSTROM, PH.D., LLC
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, and Barry R.
Lindstrom, Phd., LLC, commencing October 1, 2016, and ending September 30, 2017, 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, and Barry R. Lindstrom, PHD., LLC, 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 3rd day of October, A.D., 2016, nunc pro tunc October 1, 2016.
ATTEST: daztAi •aC,llo•
Weld County Clerk to the Board
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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Mike Freeman, Chair
Sean P. Conway, ro-Tem
rbara Kirkmey
County Attorney
Steve Moreno
Date of signature: t % / < < l to
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2016-3095
HR0087
MEMORANDUM
DATE:
TO:
FR:
RE:
September 15, 2016
Board of County Commissioners — Pass -Around
Judy A. Griego, Director, Human Services
Weld County Department of Human Services' Child
Welfare Agreement for Professional Services with
Various Providers
Please review and indicate if you would like a work session prior to placing these items on the
Board's agenda.
Request Board Approval for the Departments' Child Welfare Agreement for Professional
Services with Various Providers. The major provisions for these Agreements are as follows:
Contractor/Term
Barry R. Lindstrom, Ph.D.,
LLC.
October I, 2016, through and
until September 30, 2017
Service/Funding
Compassion
Fatigue Training
for WC DIIS Staff
Core
Rates
$300.00/Group of Eight (8)
Caseworkers (Phase III: Caseworker
Groups, Up to 20 90 -Minute Sessions)
Charges shall be based on the time
actually spent performing the services,
but shall exclude travel time.
BI Incorporated
September 1, 2016, through
and until June 30, 2017
Court Ordered
Monitored
Sobriety Services
in Frisco, CO
Non -Core
$25.00/Urinalysis with EtG and
$4.00/Breathalyzer
Charges shall he based on the time
actually spent performing the services,
but shall exclude travel time.
I do not recommend a Work Session. I recommend approval of this Agreement.
Approve Request
BOCC Agenda Work Session
Sean Conway
Steve Moreno
Barbara Kirkmeyer
Mike Freeman
Julie Cozad
owl(' -.V 9!
Pass -Around Memorandum; September 15, 2016 (ID 747 & 769)
Page 1
AGREEMENT FOR PROFESSIONAL SERVICES (CORE)
THIS AGREEMENT is made by and between the County of Weld, State of Colorado,
whose address is 1150 O Street, Greeley, Colorado, 80631 ("County"), by and through the
Board of County Commissioners of the County of Weld, on behalf of the Weld County
Department of Human Services, and Barry R. Lindstrom, Ph.D., LLC whose address is 3211 20th
Street, Suite D, Greeley, Colorado 80634, ("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 time available to timely perform the services, and is
willing to perform the services according to the terms of this Agreement.
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. Engagement of Contractor. County hereby retains Contractor, and Contractor
hereby accepts engagement by County upon the terms and conditions set forth in this
Agreement.
2. Term. The term of this Agreement shall be from October 1, 2016, through and until
September 30, 2017.
3. Services to be Performed. Contractor agrees to perform the Services listed or
referred to in Exhibit A, attached hereto and incorporated herein.
4. Compensation.
a. County agrees to pay Contractor for services performed as set forth on
Exhibit A at the rate of $300.00/Group of Eight (8) Caseworkers (Phase III: Caseworker
Groups, Up to 20 90 -Minute Sessions). Charges shall be based on the time actually
spent performing the services, but shall exclude travel time.
b. Mileage may/may not (circle one) be charged to and from any required
job site at a rate of 0.00 cents per mile. Contractor shall not be paid any other expenses
unless set forth in this Agreement.
c. Payment to Contractor will be made only upon presentation of a proper
claim by Contractor, itemizing services performed and mileage expense incurred.
d. Payment for services and all related expenses under this Agreement shall
not exceed $6.000.00.
5. Additional Work. In the event the County shall require changes in the scope,
character, or complexity of the work to be performed, and said changes cause an increase or
decrease in the time required or the costs to the Contractor for performance, an equitable
adjustment in fees and completion time shall be negotiated between the parties and this
Agreement shall be modified accordingly by a supplemental Agreement. Any claims by the
Contractor for adjustment hereunder must be made in writing prior to performance of any
work covered in the anticipated supplemental Agreement. Any change in work made without
such prior supplemental Agreement shall be deemed covered in the compensation and time
provisions of this Agreement.
6. Independent Contractor. Contractor agrees that Contractor is an independent
contractor and that neither Contractor nor Contractor's agents or employees are, or shall be
deemed to be, agents or employees of the County for any purpose. Contractor shall have no
authorization, express or implied, to bind the County to any agreement, liability, or
understanding. The parties agree that Contractor will not become an employee of County, nor
is Contractor entitled to any employee benefits from County as a result of the execution of this
Agreement.
7. Warranty. Contractor warrants that services performed under this Agreement will
be performed in a manner consistent with the professional standards governing such services
and the provisions of this Agreement.
8. Reports County Property. All reports, test results and all other tangible materials
produced in connection with the performance of this Agreement, whether or not such
materials are in completed form, shall at all times be considered the property of the County.
Contractor shall not make use of such material for purposes other than in connection with this
Agreement without prior written approval of County.
9. Acceptance of Product not a Waiver. Upon completion of the work, Contractor shall
submit to County originals of all test results, reports, etc., generated during completion of this
work. Acceptance by County of reports and incidental material furnished under this Agreement
shall not in any way relieve Contractor of responsibility for the quality and accuracy of the
work. Acceptance by the County of, or payment for, any services performed 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.
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10. Insurance and Indemnification. Contractor shall defend and indemnify County, its
officers and agents, from and against loss or liability arising from Contractor's acts, errors or
omissions in seeking to perform its obligations under this Agreement. Contractor shall provide
necessary workers' compensation insurance at Contractor's own cost and expense.
11. 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.
In the event of an early termination, Contractor shall be paid for work performed up to the time
of notice and County shall be entitled the use of all material generated pursuant to this
Agreement.
12. Non -Assignment. Contractor may not assign or transfer this Agreement, any
interest therein or claim thereunder, without the prior written approval of County.
13. Access to Records. County shall have access to Contractor's financial records as
they relate to this Agreement 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 purposes for at least five years after final payment hereunder.
14. Time of Essence. Time is of the essence in each and all of the provisions of this
Agreement.
15. 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.
16. Notices. Any notice required to be given under this Agreement shall be in writing
and shall be mailed or delivered to the other party at that party's address as stated above.
17. Compliance. This Agreement and the provision of services hereunder shall be
subject to the laws of Colorado and be in accordance with the policies, procedures, and
practices of County.
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.
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19. Certification. Contractor certifies that Contractor is not an illegal immigrant, and
further, Contractor represents, warrants, and agrees that it has verified that Contractor does
not employ any illegal aliens. If it is discovered that Contractor is an illegal immigrant, employs
illegal aliens or subcontracts with illegal aliens, County can terminate this Agreement and
Contractor may be held liable for damages.
20. Entire Agreement/Modifications. This Agreement contains the entire agreement
between the parties with respect to the subject matter contained in this Agreement. This
instrument supersedes all prior negotiation, representation, and understanding 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. Funding Contingency. No portion of this Agreement shall be deemed to create an
obligation on the part of County to expend funds not otherwise appropriated or budgeted for.
22. No Conflict. No employee of Contractor nor any member of Contractor's family
shall serve on a County Board, committee or hold any such position which either by rule,
practice or action nominates, recommends, supervises Contractor's operations, or authorizes
funding to Contractor.
23. Severability. If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable, 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 portion of this Agreement shall be deemed to
constitute a waiver of any immunities the parties or their officers or employees may possess.
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.
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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: d1) v.
BOARD OF COUNTY COMMISSIONERS
Weld •• ty Clerk to the Bo. rd WELD COUNTY, COLORADO
By:
Deputy rk t� �� y ; j;i'�� Mike Freeman, Chair
5
OCT 0 3 2016
Barry R. Lindstrom, Ph.D., LLC
3211 20th Street, Suite D
Greeley, CoJ xa,do 80634
B
Date:
rry R. Lindstrom, Ph.D.
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EXHIBIT "A"
CONTRACTOR:
Name: Barry R. Lindstrom, Ph.D., LLC
Address: 3211 20th Street, Suite D, Greeley, Colorado 80634
Tax I.D. or Social Security Number: 84-1328998
1. Services to be provided by Contractor: Compassion Fatigue or Compassion Satisfaction:
Coping with the Traumatic Effects of Working with Traumatized Clients (Training).
To Name of Client: Weld County Department of Human Services Staff.
Location of Services to be provided to the Client: Weld County Training Center or other
facility as agreed upon.
2. County agrees to purchase and Contractor agrees to furnish 20 units of Caseworker
Groups at the cost of $300.00 per unit of service for a maximum amount of $6,000.00.
3. The parties agree that payment pursuant to this Contract is subject to and contingent
upon the continuing availability of funds for the purpose thereof. The payment of such
services shall be from:
Core Services as defined in Rule Manual Volume 7 Section
7.303.1 and, if appropriate, the Colorado Department of Human
Services approved County Core Services Plan.
X Child Welfare Administration
Other as defined as
4. County agrees:
a) To determine child eligibility and as appropriate, to provide information regarding
rights to fair hearings.
b) To provide Contractor with written prior authorization on a child or family basis for
services to be purchased.
c) To provide Contract with referral information including name and address of family,
social, medical, and educational information as appropriate to the referral.
d) To monitor the provision of contracted service.
e) To pay Contractor after receipt of billing statements for services rendered
satisfactorily and in accordance with this Contract.
5. Contractor agrees:
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a) Not to assign any provision of this Contract to a subcontractor.
b) Not to charge clients any fees related to services provided under this Contract.
c) To hold the necessary license(s) which permits the performance of the service to be
purchased, and/or to meet applicable Colorado Department of Human Services
qualification requirements.
d) To comply with the requirements of the Civil Rights Act of 1964 and Section 504,
Rehabilitation Act of 1973 concerning discrimination on the basis of race, color, sex,
age, religion, political beliefs, national origin, or handicap.
e) To provide the service described herein at cost not greater than that charged to
other persons in the same community.
f) To submit a billing statement in a timely manner, no later than forty-five (45) days
after services. Failure to do so may result in nonpayment.
g) To safeguard information and confidentiality of the child and the child's family in
accordance with rules of the Colorado Department of Human Services and the
County Department of Human Services.
h) To provide County with reports on the provision of services as follows:
Not applicable.
i) To provide access for any duly authorized representative of the County or the
Colorado Department of Human Services until the expiration of five (S) years after
the final payment under this Contract, involving transactions related to this
Contract.
j) Indemnify the County and the Colorado Department of Human Services from the
action based upon or arising out of damage or injury, including death, to persons or
property caused or sustained in connection with the performance of this Contract or
by conditions created thereby, as based upon any violation of any statute,
regulation, and the defense of any such claims or actions.
6. In addition to the foregoing, the County and Contractor also agree:
a) Core Services Program expenditures will not be reimbursed when the expenditures
may be reimbursed by some other source. (As set forth in Rule Volume 7, at 7.414,
B (12 CCR 2509-5).
b)
c)
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