HomeMy WebLinkAbout20111219.tiff Memorandum
1861 - 2011
TO: Barbara Kirkmeyer, Chair
Board of County Commissioners
W E L D,€ 0 U N T 7 FROM: Mark E. Wallace, MD, MPH, Director
Department of Public Health and
Environment
DATE: April 25, 2011
SUBJECT: Agreement for purchase of professional
services for Public Health Preparedness
grant
Enclosed for Board review and approval is the agreement for professional services between
Deborah Blandin-Surbeck and the Weld County Department of Public Health and Environment
for technical assistance to complete the remaining generalist's deliverables for the 2011
Emergency Response contract and the finalization of the Public Health Ready Plan for
submission to the CDC.
The time period for the agreement is June 1, 2011 —July 31, 2011. Reimbursement for services
will not exceed $8,000.00 for the two month period, less the Pera employer contribution. The
agreement for services is funded through the Colorado Department of Public Health and
Environment's CDC Public Health Preparedness and Response grant.
I recommend your approval.
Enclosure
c._/c; - 5-1 tl 2011-1219
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1 8 6 1 - 2 0 I I 1555 N. 17th Avenue
Greeley, CO 80631
. Public Health
Web: http://weldheafh.orq
. Health Administration Public Health&Clinical Environmental Health Communication, Emergency Preparedness
Vital Records Services Services Education&Planning 8 Response
W E L D_-__,' O U N T Y Tele:9703046410 Tele970.304.6420 Tele:97O3046415 Tete:970.304 6470 Tele:970.304.6420
Fax. 970 304.6412 Fax: 970.304.6416 Fax: 970.304.6411 Fax: 970.304.6452 Fax: 970.304.6469
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
915 10th Street, Greeley, Colorado, 80631 ("County"), and Deborah Blandin-Surbeck whose address is 16527
WCR 70, Greeley, CO 80631 ("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 June 1, 2011, through and until July 31, 2011.
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 the
amount of 4,000.00 per month. 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 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.
d. Payment for services and all related expenses under this Agreement shall not exceed
$$8,000.00, less the County's contribution to the Public Employees Retirement Association on
behalf of the Contractor.
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
the County. The County will pay,on behalf of the Contractor,the employer's contribution to the Public
Employee Retirement Association 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: n�oc _.
Title: Cbcrii2Aerpt-4l6S7)4 PICA TO- LiC
CehCK ✓z PA
ATTEST: -efic's -�rt%.`_.- BOARD OF COUNTY
CLERK TO THE BOARD COMMISSIONERSOF WELD COUNTY
By: �.
B . & 1L liL
Deputy Clerto the :o. °j� � arbara Kirkm er hairman
not '%� �j MAY 1f 2011
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1861 - 201 I 1555 N. 17th Avenue
Greeley, CO 80631
� PublicHealth
Web:http://weldhealth.orq
i .
i Health batlon PA0c Health&Clinical Services
e vicmtantal Health Communication,on, Response
Preparedness
W E L �C€ O U N T Y Vital e Records TS:Services Te e: 7` Tele:970 i Plarr & e:
Fate'970.304.6410 TS:970.304.6420 Fate:970.304.6415 Fate:970.304.6470 Fate:970.304.6420
Fax: 9763046/12 Fez: 970.304.6416 Fax: 9]0304.6411 Fax: 970.304.6452 Fax: 970.304.6469
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: Deborah Blandin-Surbeck
Mailing Address: 16527 WCR 70
Greeley,CO 80631
Emergency Preparedness and Response Generalist Deliverables
Agreement time period: June 1,2011 -July 31, 2011
Scope of work:
Meeting Attendance:
1. EMS Council: 3rd Wednesday/every other month. Next meeting in May.
2. LEPC: next meeting April 2O,2011. Meets quarterly.
3. ESF 8 Committee: Meets quarterly,Jan, April,July, Oct., last Friday of the month. The EPR generalist
organizes these meetings. Attended by:
Roy Rudisill—WCOEM
Steve Blois—Greeley OEM
Courtney Reisler—NCMC Emergency Manager
Robert(Troy) Osborne—WCPS
Mitch Wagy—WCPS
Lana Reeves—Sunrise
Cindy McDade—Sunrise
Amanda Springer-North Range Behavioral Health
4. CDPHE Regional Staff Meeting: May 24th, 2011 at CDPHE DOC. Attendance is mandatory(per
contract)
5. NEAHR steering committee: EPR generalist was backup for public health, and will attend special
meetings as requested.
6. Other miscellaneous meetings—as requested
Responsibilities:
1. Review comments from CDPHE for PPHR application—make changes to the documents submitted
(also involves documents created by Gaye Morrison, Sara Evans, Cheryl Darnell).
2. Create PDF files of all revised documents and submit to CDPHE for hyperlinking. Regional POC for
CDPHE is Jackie Zheleznyak lackie.zheleznyak(i4gmail.com
3. Submit PPHR to NACCHO by August 9th, following protocol provided by CDPHE. Contact Jackie with
any questions.
4. PRS reporting: May 17th, 2011 and August 1st, 2011
5. Training Needs Assessment: Assessment document will come from CDPHE—to be administered to
100% of staff.
6. Set up training per current Training and Exercise Plan.
7. Begin development of 3 year Training and Exercise Plan based on results of Training Needs Assessment
(#5 above). This will probably continue into the next Grant Cycle.
8. Assist with orientation and training of the EPR generalist for the health department.
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