HomeMy WebLinkAbout20121478.tiff 8 6 1 2 1 Memorandum
TO: Sean P. Conway,Chair
Board of County Commissioners
W E L O U N T 7 FROM: Mark E.Wallace,MD,MPH,Director
Department of Public Health and
Environment
DATE: May 9,2012
SUBJECT: Agreement for purchase of professional
services for Healthy Weld 2020
Enclosed for Board review and approval is the agreement for professional services between Pam
Smith-Wolsey,Happy People Enterprises,and the Weld County Department of Public Health
and Environment for technical assistance with food safety and physical activity capacity building
for the Healthy Weld 2020 initiatives. The time period for the agreement is April 1,2012—
March 31,2013. Reimbursement for services will not exceed$46,000 for one year and is funded
by the Colorado Health Foundation.
Specific services outlined in the scope of work include:establishing a network of small to
medium size farmers to participate in the Producer Hub and Advisory Panel;develop a producer
handbook and food safety toolkit for producers that provides them with the business tools to
participate in the Food Hub; develop operational protocols in cooperation with the Producer
Food Hub Advisory Panel;and provide assistance to the Highway 85 Coalition communities to
implement physical activity and/or food access projects.
I recommend your approval.
Enclosure
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DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 North 171h Avenue
, a Greeley, CO 80631
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Web: wvvw.weldhealth orq
¶t Health Administration Public Health&Clinical Environmental Health Communication, Emergency Preparedness
LC Response
L G O V �-? / Vita Telel Records es
9703046410 Tele
ele 970 304 6420 Sele'ces 970 304.6415 Selec 970.304 6470 Tore:970304.6420
Fax 970304.6412 Fax. 970.304.6416 Fax'. 970 304 6411 Fax 970.3046452 Fax' 970.3046469
Our vision Together with the communities we serve,we are working to make Weld County the healthiest place to live,learn,work and play.
Weld County Food Safety/Physical Activity Consultant
Scope of Work
Name of Consultant: Pam Smith
Mailing Address: 5065 West 4th Street, Greeley, CO 80634
Phone and Email: 970-584-0003 pam.happypeople@comcast.net
Project Period: April 1, 2012—March 31, 2013
Scope of Work:
The purpose of this project is to provide Healthy Weld 2020 with food safety and physical activity capacity building
technical assistance. Ms. Smith has expertise in environmental health planning and has cultivated strong working
relationships with state, county, and municipal level partners in the areas of planning, public works,water quality, parks
and recreation, as well as various elected officials.She will use her expertise and partnerships to assist municipalities in
addressing built environment and food access issues that affect the quality of life for residents in low-income and
underserved areas.
Food Safety/Physical Activity Technical Assistance Duties:
Strategy 1: In partnership with local food system leaders, create infrastructure for the production,
distribution, and processing of local, regionally grown healthy foods with a focus on enhancing links with
school systems,food banks, and eventually retail food establishments.
Tasks:
1. Identify and recruit advisory panel members for the Producer Food Hub.
2. Establish a Producer Network of small to medium size farms that participate in the Producer Hub.
3. Develop producer handbook and food safety toolkit that provides producers with business tools to participate in
the Food Hub, and to expand into Retail, Grocery and Institutional marketplaces.
4. Develop Food Hub operational protocols in cooperation with the Producer Food Hub Advisory Panel.
5. Provide technical assistance to Highway 85 Coalition communities' recommendations to implement healthy
eating and active living projects, based on recommendations from community health assessments.
General Duties:
1. Attend weekly Healthy Weld 2020 team meetings and report progress of strategies.
2. Attend monthly Health Education, Communication and Planning Division meetings.
3. Attend task force and coalition meetings, presentations,trainings and conferences as assigned by the Program
Coordinator.
4. Complete other tasks as assigned by the Program Coordinator.
Project Deliverables for 2012-2013:
1. Recommendation report of potential key stakeholders for Producer Food Hub Advisory Panel.
2. Recommendation of small to medium size farms for Producer Network.
3. Produce: Producer Handbook, Food Safety Toolkit and Food Hub Operational Protocol manuals.
4. Assist Highway 85 Coalition communities to identify and develop at least 1 opportunity to conveniently
increase recreational exercise or food access.
Other: As requested, provide graphic information on all strategies in the form of maps, charts, etc. summarizing
relevant planning and health data for food safety and physical activity.
Reimbursement:
Ms. Smith will be contracted for up to 20 hours per week at a rate of$45.00 per hour. Any anticipated overage of hours
must be approved by the Health Communication, Education and Planning Division Director prior to the overage. Ms.
Smith will submit an itemized invoice to the Director on the first day of each month for services completed during the
previous month.
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made by and between the County of Weld, State of Colorado,
whose address is 915 10th Street, Greeley, Colorado, 80631 ("County"), and Pam Smith, whose
address is 5065 West 4th Street, 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 April 1, 2012,through and until
March 31, 2013.
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$45.00 per hour. Charges shall be based on the time actually
spent performing the services, but shall exclude travel time.
b. Milea may may not (circle one) be charged to and from any required job
site at a rate of.535 cen er mile, as approved by the HCEP Director. 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 $46,800.00 for the grant period.
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
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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 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.
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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,
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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.
CON ACTOR:
By: 11Sllti ,
Title: CrAe t li-vt-
ATTEST: 5 " ".e— BOARD OF COUNTY
CLERK TO THE BOARD COMMISSIONERSOF WELD COUNTY
By: .� ,, / �ir1;j` !i4k' By: , c V
Deputy Clerk/o j?�: sat, Sean P. Conway, Chairman
>.ffiy JUN 13 2012
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