The URL can be used to link to this page

Browse Search

Home My WebLink About20143048.tiff RESOLUTION RE: APPROVE PROFESSIONAL SERVICE AGREEMENT AND AUTHORIZE CHAIR TO SIGN - ADVOCATES FOR RESOLUTION, 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 a Professional Service Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Services, and Advocates for Resolution, LLC, commencing September 18, 2014, and ending October 31, 2014, 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 Professional Service Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Services, and Advocates for Resolution, 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 6th day of October, A.D., 2014, nunc pro tunc September 18, 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: �� G: •-C .o;ok. �\p (Lk .Y �36uglas ad aces air X41 A. Weld County Clerk to the Board ."a a Kirkme ed, Pro-Tem/ Dbp NE Clerk to. th Board ` �� II ,,t�t�• - � onway APP �-F ORM:ORM: � N� v, k �n,/ ounty Attorney ��illiam F. Garcia /0/ Date of signature Cr 2014-3048 HR0085 MEMORANDUM 1861 E P ; DATE: October 2, 2014 �UL � TO: Douglas Rademacher, Chair, Board of County Commis Toners cauNT T FROM: Judy A. Griego, Director, Human Servic epa trtan RE: Agreement for Professional Services between the Weld County Department of Human Services and Advocates for Resolution, LLC Enclosed for Board approval is an Agreement for Professional Services between the Department and Advocates for Resolution, LLC. 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 of this agreement are as follows: No. Provider/ Term Service/Funding Rates 1 Advocates for High Conflict Co-Parenting $40.00/Person/Class Resolution, LLC Level II Class (Court-ordered for Case ID 1731454) Maximum Reimbursement 09/18/2014 - 10/31/2014 CW Admin of$80.00 If you have any questions, please give me a call at extension 6510. 2014-3048 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made by and between the County of Weld, State of Colorado, whose address is 1 150 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 Advocates for Resolution, LLC. whose address is 1003 West 61 Street, Loveland,Colorado, 80539, ("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 09/18/2014, through and until 10/31/2014. 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$40.00/Per Person/Class. 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 $80.00. 1 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. 10. Insurance an d 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 2 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. 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. 3 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. 4 IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year first above written. /, ATTEST:`'.Ardw.J fjc �(.6 ,C, BOARD OF COUNTY COMMISSIONERS Weld Countyy rk Clerk to the Board ELD COUNTY, LORADO , / Douglas ademacher,Chair OCT 0 6 2014 APPROVED AS TOFU•S ING: APPROVED AS TO SUBST• CE: Controller sa°J h .El-�•OfC'is or Depar ey :₹ APPR•. '1• TO FO .. ti6ttior-12 ector of eneral Services i� i 1n C•my Attorney AD 0C TES FOR RESOLUTION,LLC __,Yci_ : , iLl\f,_ . ' / Rebecca Giffin,Owner 15 a©/y-3oy8 EXHIBIT "A" CONTRACTOR: Name: Advocates for Resolution, LLC Address: 1003 West 6th Street, Loveland, Colorado 80538 Tax I.D. or Social Security Number: 524-43-1412 1. Services to be Provided by Contractor: High Conflict Co-Parenting Level II Class To Name of Client: C.S. and J.R. (Trails Case ID: 1731454) Location of Services to be provided to the Client: 1003 West 6th Street, Loveland, Colorado 80538 2. County agrees to purchase and Contractor agrees to furnish 2 units of High Conflict Co-Parenting Level II Class at the cost of$40.00 per unit of service for a maximum amount of$80.00. 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: 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. 1. 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 (5) 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) 2 :MENT NO.: 84' 7 " TRANSACTION NO.: N/A S ENDORSEMENT NO.: LNT.TTAL AUTHORIZATION NO.: CP103611 ER NO.: II 7,7" sr:-r..,to Vase s'_=gems CEM14-ll DECLARATIONS ARBITRATORS AND)iAIUKS PROI-I IONAL LIABILITY INSURANCE its to the NATIONAL ASSOCIATION OF SALARIED PROFESSIONALS PURCHASING GROUP, INC. and SPECIFIED MEMBERS OF THE MEDIATION LN1ORMATION AND RESOURCE CENTER EV: E OF .N,LILANCE effected with certain UNDEZILICIERS AT LLOYD'S,LONDON PARTICIPATE HEREON 100% ADVOCATES FOR RESOLUTION 1108 Knobcone Place Loveland CO 80538 F LIABILITY: h claim including Costs of Defense: $100,000.00 ;regate including Costs of Defense: $300,000.00 luctible - each claim including Costs of Defe se: $500.00 roactive Date (If no date stated - read NONElh. NONE 1 (Including endorsements): $203.00 fee $25.00 ►rung Group Tax for CO @ 3% $6.84 CYD'S PREMIUM (Including Taxes& Fees) $234.84 'F INSURANCE: ember 1, 2011 12:01 a.m. to November 26,x2 i2 a.m., at the Specified Member's address above. editions: See attached Summary page m of the premium paid and in reliance upon L`.e staZemeots s the application attached hereto,the above specified member is an Assured under s tifiate(`Certificate")issued to the Nattorsi A:sncatsoa of Salaried Professionals Purchasing Group,Inc.of Illinois and the Mediation ind Resource Center by Underwriters at Lloyd's.Lord=(sat irraporated)for the Period of Insurance and Limits of Liability specified above. u.conditions and exclusions of the Certificate are '_ that the attached Certificate is a true copy of the 'document issued to the Association,which is hereby issued to the Specified Member. Dber 7, 2011 UNDERWRITERS AT LLOYD'S, LONDON Complete Equity Markets, Inc. (In CA dlbla Complete Equity Markets Insurance Agency, Inc. SL#OD44077) 7-7)A-4'4 By (m it id is delivered as a surplus line insurance under the `Nonadmitted Insurance Act'. The insurer issuing this not admitted in Colorado but is an approved nonadmitted insurer. There is no protection under the of the 'Colorado Insurance Guaranty Association Act'. This policy is a claims-made policy which provides ierage only if a claim is made during the policy period or any extended reporting period. Licensee: Lawrence ry Hello