HomeMy WebLinkAboutbocc.con.136.2016 Pitkin County
Guts Ts Contract Cover Sheet
Please complete the Contract Cover Sheet when the contract is completed and signed by Contractor/Vendor and Pitkin
County Project Lead.
Return all Contract Cover Sheets and Contracts/Change Orders/Amendments to Procurement
(procurement help(&pitkincounty.com). Any contracts $50,000 and over will be routed for signatures to County Manager
and Attorney's Office (if required)by Procurement& Contracts Manager.
Contract Information
Contract Number 136.2016
Project Name Adult and Family Services Protection/On Call Supervisory Support
Contractor Tracey Branch
Budget Line Item 112.43.00000.85945 $
Additional Budget Line $
Item(s) - $ -
(Please fully allocate New $
Contract Total)
Contract Start Date 12/15/2016
Contract End Date 12/31/2017
Automatic Renewal Yes ❑ No®
If Construction: Retainage Yes$ or % NoD
If this is a new contractor, please request they complete and submit to Finance a W-9 Form.
Contact Information:
Department Health and human Services
Project Manager Kim DuBois Project Manager (970)429-2043
Phone
Provide a brief description of the contract:
Contractor shall provide protection services for adults and families after hours and on an on-call basis.
Contractor provides supervision,consultation and technical support for the Adult and Family Services
Program after hours.
Contract Value Summary:
Original Contract Amount _ $3,000.00
Previous Change Order/Amendment Amount(if applicable) $
This Change order/Amendment amount(if applicable) $
New Contract Total _ $3,000.00
Procurement Method:
None LI Informal D Formal ❑ Sole Source❑ Emergency D Contract Renewal D
Contract Type:
Services/Maintenance N Construction ❑ Goods, Equipment, Supplies ❑
Change Order/Amendment D Other, please explain D Click here to enter text.
NOTE: CLERKS OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE
ARCHIVES RETAINAGE SCIIEDIJI,E. ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST.
Budget Line Item#: 112A3.00000.83000
(Ally;c1 .1W131• L20 HP J 'j'K 1 N
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COUNT
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CONTRACT FOR PROVISION OF SERVICES FOR MAN SERVICES
Adult and Family Services Protection/On call Supervisory Support
THIS CONTRACT is made and entered by and between the Pitkin County Board of County
Commissioners("County")and Tracey Branch(hereinafter"Contractor")Address: PO Box 5791,
Eagle, CO 81631 E-mail:tracbrancli yyahoo.com
1. Term. The term of this contract is from December 15, 2016-December 31, 2017. At the
expiration of the initial term, the contract may be extended for an additional term of 2 years by
the express written consent of both parties.
Contractor's Obligations. County agrees to purchase Protection Services After Hours On Call
Supervision(4:00 p.m.-8:00 a.m.). The Contractor agrees to provide supervision, consultation,and
technical support for the Adult and Family services programs after hours. The Contractor may
perform professional, administrative and supervisory support in ongoing development,
implementation and evaluation of protection on call services. Contractor ensures compliance with
federal and state regulations.
This service is Pitkin County Department of Human Services (DHS) will utilize existing staff to
provide 24-hour, seven day week assistance for emergency, on-call services related to Child
Protection as required in Volume 7.202.4.
State law requires that"The county department shall have staff available 24 hours a day to receive
reports of abuse and neglect,conduct initial assessments of such reports and investigate those reports
that are appropriate for child protective services. Continuously available means the assignment of a
person to be near an operable telephone,beeper system,or to have such arrangements made through
agreements with the local law enforcement agencies."
2. Pitkin County agrees to purchase and Contractor agrees up to and/not to exceed contractual
amount of 2,250.00/year for up to 15 units of weekly service at the cost of$150.00 per unit.
The parties agree that the Contractor's relationship to the County is that of an independent
contractor.
The parties agree that payment pursuant to this Contract is subject to and contingent upon the
continuing availability of funds for the purpose thereof.
Contractor further agrees to the following:
a. Not to assign any provision of this Contract to a Subcontractor.
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Budget Linc Item#: 113.43 00000.83000
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 services to be
purchased,and/or to meet applicable Colorado Department of Human Services qualification
requirements which includes Child Welfare Supervisor certification through Colorado
Child Welfare Training System
d. To comply with the requirements of the Civil Rights Act of 1964 and Section 504
Rehabilitation Act of 1973 concerning the 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 safe guard 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 Social Services.
h. To provide County with verbal reports on the provision of services as follows:
a. Follow up with AFS Manager and/or Child Welfare Supervisor regarding out of home
placement decisions or egregious incidents.
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.
3. Compensation and Expenses Invoicing. Payment and Offset. The County shall compensate
Contractor for its services in accordance with the Project Budget and Schedule referenced in
Paragraph 2. It is expressly understood and agreed that in no event will the total compensation
and reimbursement to be paid hereunder exceed the sum of$3000.00 for all services rendered.
By contract or amendment, the County and Contractor may reallocate the budget among project
tasks if the total budget amount remains unchanged. Contractor shall invoice for the project
monthly based on hours worked, with payment expected within thirty (30) days of invoice, but
any payment by the County may be offset by any amount the Contractor owes the County for
any reason.
d. rill, Cnnntvtc Ohl;pat;nat flaunty afilM to the following'
ro meet with Contractors)on quarterly heels by phone to develop enlendffi4 AM Whim any'49089
that may need to be eoosidered for improvement of on call services for Pltidn Llouniy residents.
e, To pay Contractor after receipt ofbiuiny statements for cervices rendered setts f etority and
in accoltiaacc with this contract.
S. Termination Prior to Expiration of Contract Term. The County has the tight to terminate this
contract, with or without cause,by giving written notice to the Contractor of such termination
and specifying the effective date thereof. Such notice shall be given at least ten(10)days before
the effective date orsuch termination. In such event all finished or unfinished documents,data,
studies and reports prepared by the Contractor pursuant to this contract shall become the
County's property. Contractor shall be entitled to receive compensation in accordance with the
contract for any satisfactory work completed pursuant to the terms of this contract prior to
the date of termination.Notwithstanding the above, Contractor shall not be relieved of liability
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Budget Line Ban#: 112.43.00000.83000
to the County for damages sustained by the County by virtue of any breach of the contract by
the Contractor.
6. Independent Contractor status.
A. The parties to this contract intend that the relationship between them contemplated by
the contract is that of independent contractor. Contractor, and any agent, employee, or
servant of Contractor shall not be deemed to be an employee, agent, or servant of Pitkin
County.
B. Contractor is not required to offer his services exclusively to Pitkin County under this
contract. Contractor may choose to work for other individuals or entities during the term
of this contract, provided that the basic services and deliverable products required under this
contract are submitted in the manner and on the schedule defined under this contract.
C. Contractor warrants that all work produced will conform to all applicable industry
standards of care,skill and diligence in the performance of Contractor's obligations under this
contract.
D. Contractor shall not attempt to oversee or supervise the work or actions of any Pitkin
County employee, servant or agent in the course of completing work under this contract.
E. Contractor is not entitled to any Workers' Compensation benefits through Pitkin
County and is responsible for payment of any federal,state, FICA and other income taxes.
7. Severability. In the event that any provision of this contract shall be held to be invalid or
unenforceable, the remaining provisions of this contract shall remain valid and binding upon
the parties hereto.
8. Integration and Modification.
A. This contract represents the entire and integrated contract between the County and the
Contractor and supersedes all prior negotiations,representations,or contract, either written or
oral. This contract may be amended only by written contract signed by both the County and the
Contractor.
B. Contractor to be performed hereunder. Such changes, including the increase or
decrease in the amount of the Contractor's compensation, which are mutually agreed upon
between the County and the Contractor, shall be in writing and upon execution shall become
part of this contract.
9. Indemnity.
A. The Contractor agrees to indemnify, hold harmless and, not excluding the County's right
to participate, defend the County, its subsidiary, parent, associated and/or affiliated entities,
successors, or assigns, its elected officials, trustees, employees, agents, volunteers, and any
jurisdiction or agency issuing permits for any work included in the project, hereinafter referred to
as indemnitee, from all suits and claims, including attorneys fees and cost of litigation, actions,
loss, damage,expense, cost or claims of any character or any nature 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
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0udgct Linc Itaa k: 112.43.00000.S30W
conform to any statutes, ordinances, regulation, law or court decree. It is agreed that the
Contractor will be responsible for primary loss investigation, defense and judgment costs where
this contract of indemnity applies. In consideration of the award of this contract, the Contractor
agrees to waive all rights of subrogation against the County its subsidiary, parent, associated
and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents,
and volunteers for losses arising from the work performed by the Contractor for the County.
B. The Contractor further shall investigate, process, respond to, adjust, provide defense for
and defend,pay or settle all claims,demands,or lawsuits related hereto at its sole expense and shall
bear all other costs and expenses related thereto,even if the claim,demand or lawsuit is groundless,
false or fraudulent.
10. Insurance. Contractor and subcontractors shall procure and maintain until all of their obligations
have been discharged,including any warranty periods under this Contract are satisfied,insurance
against claims for injury to persons or damage to property which may arise from or in connection
with the performance of the work hereunder by the Contractor, his agents, representatives,
employees or subcontractors.
The insurance requirements herein are minimum requirements for this Contract and in no way
limit the indemnity covenants contained in this Contract. The County in no way warrants that
the minimum limits contained herein are sufficient to protect the Contractor from liabilities that
might arise out of the performance of the work under this contract by the Contractor, his agents,
representatives,employees or subcontractors and Contractor is free to purchase additional
insurance as may be determined necessary.
A. Minimum Scope and Limits of Insurance: Contractor shall provide coverage with limits of
liability not less than those stated below. An excess liability policy or umbrella liability
policy may be used to meet the minimum liability requirements provided that the coverage is
written on a"following form"basis.
1. Commercial General Liability—Occurrence Form
Policy shall include bodily injury,property damage and broad form contractual liability
Coverage.
a. Thu Folic)shall be endorsed to include ceverase for physical/sexual abuse and
molestation.
b. The policy shall be endorsed to include the following additional insured language:
"County, its subsidiary,parent, associated and/or affiliated entities, aucceaa015,or
MIXT, its elected officials,trustees,employees,agents,and volunteers shall be named
as additional insureds with respect to liability arising out of the activities performed by,
or on behalf of the Contractor".
Minimum Limits:
General Aggregate $ 1,000,000
Products/Completed Operations Aggregate $ 1,000,000
Each Occurrence Limit S 1,000,000
Personal/Advertising Injury $ 1,000,000
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Budget Line Item#: 112.43.00000.83000
2. Automobile Liability
Bodily Injury and Property Damage for any owned, hired,and non-owned vehicles used in
the performance of this Contract.
Minimum Limits:
Bodily Injury/Property Damage(Each Accident) $ 1,000,000
3. Worker's Compensation and Employers'Liability
Minimum Limits:
Coverage A (Workers' Compensation) Statutory
Coverage B (Employers Liability) $ 100,000
$ 100,000
$ 500,000
a. This requirement shall not apply when a contractor or subcontractor is exempt under
Colorado Workers' Compensation Act.,AND when such contractor or subcontractor
executes the appropriate independent contractor form.
4. Professional Liability(Errors and Omissions Liability)
The policy shall cover professional misconduct or lack of ordinary skill for those positions
defined in the Scope of Services of this contract. In the event that the professional liability
insurance required by this Contract is written on a claims-made basis, Contractor warrants
that any retroactive date under the policy shall precede the effective date of this Contract;
and that either continuous coverage will be maintained or an extended discovery period will
be exercised for a period of two(2)years beginning at the time work under this Contract is
completed.
Minimum Limits:
Per Loss $ I,000,000
Aggregate $ 2,000,000
5. Third Party Fidelity/Crime Insurance(including coverage for theft and
mysterious disappearance)
Limits:
Per Loss $ 100,000
a. The policy shall include coverage for all directors, officers,agents and employees of the
Contractor.
b. The policy shall name the County and their clients as loss payee where as their interests
may appear.
c. The policy shall not contain a condition requiring an arrest and conviction.
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Budget Line Rem to 112.43.00000.83000
d. Policies shall be endorsed to provide coverage for computer crime/fraud.
B. Additional Insured Requirements: The policies shall include,or be endorsed to include,the
following provisions:
1. On insurance policies where the County is named as an additional insured,the County shall
be an additional insured to the full limits of liability purchased by the Contractor even if those
limits of liability are in excess of those required by this Contract.
C. Notice of Cancellation: Each insurance policy required by the insurance provisions of this
Contract shall provide the required coverage and shall not be suspended,voided or canceled
except after thirty(30)days prior written notice has been given to the County, except when
cancellation is for non-payment of premium,then ten(10)days prior notice may be given. Such
notice shall be sent directly to County Representative. If any insurance company refuses to
provide the require notices,the Contractor or its insurance broker shall notify the County of any
cancellation,suspension, non-renewal of any insurance within seven(7) days of receipt of
insurers' notification to that effect.
D. Acceptability of Insurers: Insurance is to be placed with insurers duly licensed or authorized to
do business in the state of Colorado and with an"A.M. Best"rating of not less than A- VII. The
County in no way warrants that the above-required minimum insurer rating is sufficient to protect
the Contractor from potential insurer insolvency.
E. Verification of Coverage: Contractor shall furnish the County with certificates of insurance
(ACORD form or equivalent approved by the County)as required by this Contract. The
certificates for each insurance policy are to be signed by a person authorized by that insurer to
bind coverage on its behalf.
All certificates and any required endorsements are to be received and approved by the County
before work commences. Each insurance policy required by this Contract must be in effect at or
prior to commencement of work under this Contract and remain in effect for the duration of the
project. Failure to maintain the insurance policies as required by this Contract or to provide
evidence of renewal is a material breach of contract. I
All cettiUicates redutrcd by this Contract shall be sent directly to County RTh
epresentative. , e
GOdnty project/contract number and project description shall be noted on the certificate nP
InSU1 UccThe county reserves the right to revive complete,certified copies of all insurance
policies required by this Contract at any time. DO NOT SEND CERTIFICATES OF
INSVRANGL TV nth RISK MANAGEMENT DEPT.
11. Records. The Contractor shallmaintain comprehensive, complete and accurate books,
records,and documents concerning its performance relating to this contract for a period or three
(3) years after final payment under the contract and the County shall have the right within the
three(3) year period to inspect and audit these books,records and documents,upon demand, in
a reasonable manner and at reasonable times, for the purpose of determining, by accepted
accounting and auditing standards, compliance with all provisions of the contract and applicable
law.
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Budget Line Item t: 112.43.00000.83000
12. Contract Made in Colorado. The parties agree that this contract was made in accordance with
the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively
in the courts of Pitkin County,Colorado.
13. Governmental Immunity. Contractor agrees and understands that Pitkin County is relying on
and does not waive, by any provision of this contract, the monetary limitations or terms
(presently$150,000 per person and $600,000 per occurrence) or any other rights, immunities,
and protections provided by the Colorado Governmental Immunity Act, § 24-10-101, et seq.,
C.R.S., as from time to time amended, or otherwise available to Pitkin County or any of its
officers,agents or employees. Further, nothing in this contract shall be construed or interpreted to
require or provide for indemnification of the Contractor by the County for any injury to any person
or any property damage whatsoever which is caused by the negligence or other misconduct of the
County or its agent or employees.
14. Current Year Obligations. The parties acknowledge and agree that any payments provided
for hereunder or requirements for future appropriations shall constitute only currently budgeted
expenditures of Pitkin County. Pitkin County's obligations under this contract are subject to
Pitkin County's annual right to budget and appropriate the sums necessary to provide the services
set forth herein. No provisions of the contract shall constitute a mandatory charge or
requirement in any ensuing fiscal year beyond the then current fiscal year of Pitkin County.
No provision of the contract shall be construed or interpreted as creating a multiple-fiscal year
direct or indirect debt or other financial obligation of Pitkin County within the meaning of any
constitutional or statutory debt limitation. This contract shall not directly or indirectly
obligate Pitkin County to make any payments beyond those appropriated for Pitkin County's
then current fiscal year. No provisions of this contract shall be construed to pledge or create a
lien on any class or source of Pitkin County's moneys, nor shall any provision of this contract
restrict the future issuance of Pitkin County's bonds or any obligations payable from any class
or source of Pitkin County's money.
15. Notice. Any written notice required by this contract shall be deemed delivered through any of
the following:(1)hand delivery to the person at the address below;(2)delivery by facsimilewith
confirmation of receipt to the fax number below; or (3) within three (3) days of being sent
certified first class mail,postage prepaid, return receipt requested addressed as follows:
To: Pitkin County with copies to:
Kim DuBois Pitkin County Attorney's Office
0405 Castle Creek Rd 530 E. Main Street,#302
Suite#8 Aspen,Colorado 81611
Aspen,Colorado 81611 Fax: (970)920-5198
Fax: (970)544-1850
B. To:
16. Public Contracts for Services and Public Contracts with Natural Persons. In conformance with
the provisions of C.R.S. § 8-17.5-101 and 102, as amended and C.R.S. §24-76.5-101,as
amended.
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Budget Lire hem 1124300000 Ouni;
16. Public Contracts for Services and Public Contracts with Natural Persons. In conformance with
the provisions of C.R.S. 4 8-17.5.101 and 102,as amended and C R.5. g 24-76.5-101,as
amended
A Contractor shall not knowingly employ or contract with an illegal alien to perform
work under the public contract for services.
B. Contractor shall not enter into a contract with a subcontractor that fails to certify to
the contractor that the subcontractor shall not knowingly employ or contract with an illegal
alien to perform work under the public contract for services
C Contractor has confirmed the employment eligibility of all employees who are newly
hired for employment to perform work under the public contract for services through
participation in either the E-Verify Program or the Department Program
D Contractor shall use either the E-Verify Program or the Department Program
procedures to undertake pre-employment screening of job applicants while the public
contract for services is being performed
E. Should Contractor obtain actual knowledge that a subcontractor performing work
under the public contract for services knowingly employs or contracts with an
illegal alien,Contractor shall be required to
1. Notify the subcontractor and the County within three days that the contractor has actual
knowledge that the subcontractor is employing or contracting with an illegal alien;
2 Terminate the subcontract with the subcontractor if within three days of
receiving the required notice the subcontractor does not stop employing or
contracting with the illegal alien,except that the contractor shall not terminate the
contract with the subcontractor if the subcontractor provides information to establish
that the subcontractor has not knowingly employed or contracted with an illegal
alien,
F Contractor shall comply with any reasonable request by the department made in the
course of an investigation that the department is undertaking pursuant to C R S. 5-17.5-
102(5)
IN WITNESS WHEREOF, the parties have executed this contract as of the date first set out herein
above.
CONT//RACTOR: Tide �j C(t,Q f S v
BI,. / „ , ,, VI) i c /1 1 fd'76- PITKIN COUNyT�Y,
COLORADO:-�/
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