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Home My WebLink About20121834.tiff 86 Memorandum TO: Sean P.Conway,Chair Board of County Commissioners G u N T Y FROM: Mark E.Wallace,MD,MPH,Director 0 Department of Public Health and Environment DATE: June 28,2012 SUBJECT: Agreement for professional services for the Community Health Improvement Plan for Weld County. Enclosed for Board review and approval is the agreement for professional services between Kristan Williams,MPH,contractor,and the Weld County Department of Public Health and Environment for technical assistance to implement the Community Health Improvement Plan for Weld County. The contractor will assist with implementation of the CHIP and establish evaluation and tracking measures for the Obesity and Chronic Disease Prevention and Social and Emotional Wellness action plans. The time period for the agreement is August 1,2012—December 31,2012. The agreement is for 5—8 hours per week for a period of 26 weeks. Total reimbursement for services will not exceed $18,000.00 for the six month period. I recommend your approval. Enclosure t o ncb }o Tc�1v�a.- -1-11.E-1'� J (et - 2012-1834 1{L DD3g • DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1861 1555 N. 17th Avenue ' Greeley, CO 80631 PublicHealth Web: http://weldheal h.orq J I n Health Administration Public Health&Clinical Environmental Health Communication, Emergency Preparedness Vital Records Services Services Education&Planning B Response TY Tele.970.3046410 Tale 970.304.6420 Tele.970 304 6415 Tele:970.304.6470 Tele.970 304 6420 G OU t�l Fax: 9]0.3046412 Fax: 970.304.6416 Fax. 9]0.304.6411 Fax: 970.3046452 Fax. 970.304.6469 V Our vision.Together with the communities we serve,we are working to make Weld County the healthiest place to live,learn,work and play. AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made by and between the County of Weld, State of Colorado, whose address is 1150 O Street, Greeley, Colorado, 80631 ("County"), and Kristan L. Williams whose address is 2734 West 25th Street, Greeley, CO 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 April 16, 2012, through and until July 31, 2012, with the option of continuing the agreement with both parties approval. 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 $95.00 per hour for 5 — 8 hours per week for 26 weeks, for a total number of hours that does not exceed hours. 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 .535 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 $18,000.00 for contractor's time and $500.00 for mileage. 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. The County will pay, on behalf of the Contractor, the employer's contribution to the Public Employees Retirement Fund for the duration of the contract. 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 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. 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. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year written below. CONTRACTOR:By: /�'l// �sr° Title: Kristan L. Williams ATTESTK ,y , • ' ) `, BOARD OF COUNTY CLERK TO THE BOARD I • tiC`-~ ',COMMISSIONERSOF WELD COUNTY , �� - . o BY / � .A,'w� .�.1..•!�13 .:' L ti. By, c Deputy Cler o the Board `. Sean P. Conway, Chairman JUL 162 DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1861 1555 N. 17th Avenue Itil Greeley, CO 80631 ,: == Public Health Web: http://weldhealth.org - Health Administration Public Health&Clinical Environmental Health Communication, Emergency Preparedness Vital Records Services Services Education d Planning 6 Response Tele.970 304 6410 Tele.97O3046420 Tale 970 304 6415 Tale 970.304.6470 Tele 970 304 6420 `c O N ¶ Fax: 970.3046412 Fax: 970.304.6416 Fax. 970.304.6411 Fax'. 970.304.6452 Fax: 970.304.6469 U !( Our vision:Together with the communities we serve,we are working to make Weld County the healthiest place to live,learn,work and play. Name of Consultant: Kristan L. Williams Mailing Address: 2734 West 25"' Street Greeley, CO 80634 Development of the Weld County Public Health Improvement Plan Agreement time period: August 1, 2012—December 31, 2012 Scope of work: Meeting Attendance: 1. Participate in the Community Health Improvement Plan monthly meetings on the first Wednesday of each month for the time period of agreement. 2. Attend meetings as needed with HCEP Director, Data Analyst and Alliance Liaison to coordinate the full implementation of the CHIP. Responsibilities: 1. Work with the Data Analyst and HCEP director to develop a timeline and agendas for public/community partner CHIP Committee meetings. 2. Meet with the community partners/agencies to identify all strategies and activities that support the action plans for Obesity and Chronic Disease Prevention and Social and Emotional Wellness that are currently in place or that could be implemented to support the initiatives. 3. Work with each assigned agency to determine what evaluation measures are already in place for their strategies and activities and with the HD Data Analyst to identify other measures as needed to track progress towards the goals and objectives of the plans. 4. Develop an overall tracking and reporting plan based on the information gathered with a defined timeline for achieving the objectives of each plan in coordination with the Data Analyst. 5. Coordinate reporting of the Community Health Improvement Plan with the Executive Director, HCEP staff, Steering Committee and the Colorado Department of Public Health and Environment to ensure all requirements are met. 6. May assist with additional tasks and projects as determined by the CHIP team. Hello