HomeMy WebLinkAbout20143106.tiff RESOLUTION
RE: APPROVE PROFESSIONAL SERVICES AGREEMENT FOR SERVICES AND
AUTHORIZE CHAIR TO SIGN-KENNETH NICKERSON
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 a Professional Services 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 and Kenneth
Nickerson, commencing October 1, 2014, and ending September 30, 2015,with further terms and
conditions being as stated in said agreements, 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 Professional Services 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 and Kenneth Nickerson, be and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreements
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 13th day of October, A.D., 2014, nunc pro tunc October 1, 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:d. Sc , ,,�;IA EXCUSED
Douglas Rademacher, Chair
Weld County Clerk to the Board
C ra Kirkmeye , Pro-Tem
BY. A � . 1 �!! I t u ! I;
D- .ttyClerkto lie Board
Nrr
�* ,e j P. Conway
A O D M:
Mike Freeman
my Attorney EXCUSED
William F. Garcia
Date of signature Oh
2014-3106
a: D '°/,24HR0085
MEMORANDUM
DATE: October 9,2014
r TO: Douglas Rademacher, Chair, Bo , o C issioners
!COUNTY ,
FROM: Judy A. Griego, Director, Hum eerrvic s i ent
RE: Agreement for Professional Services between the Weld County
Department of Human Services and Kenneth Nickerson
Enclosed for Board approval is an Agreement for Professional Services between the Department
and Kenneth Nickerson. This Agreement was reviewed under the Board's Pass-Around
Memorandum dated September 18, 2014,and approved for placement on the Board's Agenda.
The major provisions for this Agreement are as follows:
No Provider/Term Program Area Rates
1 Kenneth Nickerson Develop a formalized $40.00 per hour
Supervisory Training for up to 40
October 1,2014—September 30, 2015 programs for the Manager hours per week
Trainee program. Assist in
leadership and competency
training. Provide one-on-one
training,coaching, mentoring
for supervisor and managers
needing additional support.
Assist in training and
coaching for employees
within the Department that
need additional, one-on-one
support for developing core
competencies and behavior
based work skills
If you have any questions,please give me a call at extension 6510.
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into this 1st day of October, 2014, by and
between the Board of Weld County Commissioners, on behalf of the Weld County Department of
Human Services, whose address is 315 N. 11`h Avenue, Greeley, Colorado, 80631 ("Human
Services"), and Kenneth Nickerson, whose address is 4547 Pioneer Lane, Greeley, Colorado,
80634, ("Contractor").
WHEREAS, Human Services 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. Human Services hereby retains Contractor, and Contractor
hereby accepts engagement by Human Services upon the terms and conditions set forth in
this Agreement.
2. Term. The term of this Agreement shall be from October 1, 2014 through and until
September 30, 2015.
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. Human Services agrees to pay Contractor for services performed as set
forth on Exhibit B at the rate of$40.00 per hour per term of this Agreement. Charges
shall be based on the time actually spent performing the services, but shall exclude travel
time. Mileage may be charged to and from any required job site according to Weld
County mileage rates. Contractor shall not be paid any other expenses unless set forth in
this Agreement. Payment to Contractor will be made only upon presentation of a proper
claim by Contractor, itemizing services performed and mileage expense incurred.
Payment for services and all related expenses under this Agreement shall not exceed
$40.00 per hour or 40 hours per week.
5. Additional Work. In the event Human Services 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.
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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 Human Services for any purpose. Contractor
shall have no authorization, express or implied, to bind Human Services to any
agreement, liability, or understanding. The parties agree that Contractor will not become
an employee of Human Services, nor is Contractor entitled to any employee benefits from
Human Services 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 Human Services 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
Human Services. Contractor shall not make use of such material for purposes other than
in connection with this Agreement without prior written approval of Human Services.
9. Acceptance of Product not Waiver. Upon completion of the work, Contractor shall
submit to Human Services originals of all test results, reports, etc., generated during
completion of this work. Acceptance by Human Services 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 Human Services of, or payment for,
any services performed under this Agreement shall not be construed as a waiver of any of
Human Services' rights under this Agreement or under the law generally.
10. Insurance and Indemnification. Contractor shall defend and indemnify Human
Services, 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 Human Services 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 Human Services.
13. Access to Records. Human Services 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
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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
Human Services.
18. Non-Exclusive Agreement. This Agreement is nonexclusive and Human Services may
engage or use other contractors or persons to perform services of the same or similar nature.
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, Human Services 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 Human Services 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 Human Services 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.
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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.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and
year written below.
Contractor's Signature:
— e:, 44/ ,(9-Z-z--
Ke eth Nibkerson
/0— 7 :L t it/
Date
ATTES1 e.,./ _ Sa( :ai, BOARD OF COUNTY COMMISSIONERS
Weld CounTrierefo the : .: rr i l '= � WELD COUNTY, LORADO
BY :rl�ut.� _!! .�d a to �•ii$ a . � �
Deputy C rk to the Boar$i F •/ Barbara Kirkml yer, ProLTem OCT 1 3 2014
APPROVED AS TO FUNDING: APPROVED AS TO BSTANCE:
�J_�
t.(JYYYIO
Controller r c . • �'al or De": ent e
APPROVE AST ORM:
Direc . of c eneral Services
County Attorne
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LW- 3/40
EXHIBIT A
SCOPE OF SERVICES
1. Coaching/Mentoring
a. Provide one-on-one coaching to managers and/or supervisors to develop their
ability in supervising employees. Coaching candidates will be identified by
Human Services Human Capital Management (HCM) Team and Weld County
Human Resources.
b. During coaching period, identify strengths and areas for ongoing development
and provide a summary or evaluation of supervisor/manager's supervision ability
with recommendations for ongoing training or development needs.
2. New Supervisor Orientation/Training Program
a. Assist HCM in developing a formal Orientation/Training Outline for new
supervisors or managers hired at the Department of Human Services so that all
incoming or promoted supervisors will have uniform information on Department
processes and policies that are related to employee development and supervision.
b. Based upon the Orientation/Training Outline, a method for providing orientation
and/or providing or referring training will be developed in conjunction with
County HR, HCM and Organizational Integrity Division.
c. Participate in orientation and training implementation as needed.
3. Manager Trainee Program
a. Assist HCM in developing a Manager Trainee Orientation/Training Outline for
Manager Trainees assigned in the Department of Human Services so that all
Manager Trainees will have uniform information on Department processes and
policies that are related to employee development and supervision.
b. Based upon the Orientation/Training Outline, a method for providing orientation
and/or providing or referring training will be developed in conjunction with
County HR, HCM and Organizational Integrity Division.
c. Participate in orientation and training implementation as needed.
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4. Additional Human Capital Management Activities
a. Participate in additional activities that will support County HR and Department
HCM efforts to develop and coach core competency skills in Department
employees.
b. Develop new workshops or trainings to reinforce work performance.
c. Expanded individual coaching or mentoring to other employees within the
Department that may benefit from individual guidance to develop core
competencies.
d. Participate in employee acquisition activities such as recruitment, interviewing
and screening.
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EXHIBIT B
PAYMENT SCHEDULE
1. Funding and Method of Payment
Human Services agrees to reimburse Contractor in consideration for the work and
services performed for various Divisions within the Department under appropriate
Human Services/Social Services funding sources not to exceed $4800.00 per month.
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 by
Human Services.
Payment pursuant to this Contract, whether in whole or in part, is subject to and
contingent upon the continuing availability of Human Services/Social Services funds for
the purposes hereof. In the event that said funds, or any part thereof, become unavailable
as determined by Human Services, Human Services may immediately terminate this
Contract or amend it accordingly.
2. Fees for Services
Human Services agrees to reimburse the Contractor at $40.00 per hour for services
pursuant to the terms and conditions of Exhibit A.
3. Submittal of Vouchers
Contractor shall prepare and submit monthly, an itemized voucher and certify that the
services authorized were provided on the date indicated and the charges made were
pursuant to the terms and conditions of Exhibit A.
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