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Home My WebLink About20111513.tiff . 86 . 20 l Memorandum TO: Barbara Kirkmeyer, Chair e . Board of County Commissioners W E L DEC O U N T ) FROM: Mark E. Wallace, MD, MPH, Director Department of Public Health and Environment DATE: May 26, 2011 SUBJECT: Agreement for purchase of professional services for Preventive Health Block grant. Enclosed for Board review and approval is the agreement for professional services between Denise Retzlaff, RN, MPH, contractor, and the Weld County Department of Public Health and Environment for technical assistance to complete the Public Health Improvement Plan for Weld County due to the Colorado Department of Public Health and Environment by December 2011. The time period for the agreement is June 1, 2011 - September 30, 2011. Reimbursement for services will not exceed $7,500.00 for the four month period, less the Pera employer contribution. The total amount of the agreement for services is funded through the Colorado Department of Public Health and Environment's Health and Human Service Block grant. I recommend your approval. Enclosure \ nc O - —Cc,\ cn ))�u o- �� 1 I Or net,-,41 a. (',Z.. N t-- >/L (/ H 2011-1513 DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1 8 6 1 - 2 0 1 1 1555 N. 17th Avenue Greeley, CO 80631 �_- Public Health Web: http://weldhealth.orq Health Administration Public Health&Clinical evionmental Health Commuon a, Emergency Preparedness Vitasponse W E L D.1C O U N T Y Tele1 Records 304 6 Services Tele' Services9703046420 Tele 970 Planning TeleC97034.6470 TeleRe970 304 6420 Fax. 970.34.6412 Fax: 970.34.6416 Fax: 970.3046411 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 Denise Retzlaff whose address is 10112 w 15th 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 June 1, 2011, through and until October 31, 2011 or until the scope of work has been completed. 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 $75.00 per hour for a total of 730 hours. Charges shall be based on the time actually spent performing the services, but shall exclude travel time. b. Mileage may/ y n Y(circle one) be charged to and from any required job site at a rate of.49 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 $ $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 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: : ( ft?' Title: Denise Retzlaff ATTEST: 75 : BOARD OF COUNTY CLERK TO THE BOARD I� EE a COMMISSIONERSOF WELD COUNTY By: I'l .."r1. , ► l_./,.p 1 By 1 f it__ , lS Deputy Clerk'o the Boar' ® . rbara Kirkmeyer, Chairman JUN 2 0 2011 E1<h;6,t A DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1 8 6 1 - 2 0 1 1 1555 N. 17th Avenue Greeley, CO 80631 Public Health Web: http://weldhealth.orq Health sistration eic Health&Clinical eionmental Health Education & a, &Emergency spo Preparedness WELD___. _COUNTY ele Records 304leServices Services le Teuc970n0 Planning,64 TResponse Fa 970.304.6412 Fax: 970.304.6416 Fa 970.304 6411 Tele 970 304,6470 Fa 970.304.6469 Fax' 970.304.6412 Fax: 970.304.6416 Fax: 9703046411 Fax: 970.3046452 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: Denise Retzlaff V ir✓ Mailing Address: 10112 w 15th Street Greeley, CO 80631 Development of the Weld County Public Health Improvement Plan Agreement time period: June 1, 2011 —October 31, 2011 Scope of work: Meeting Attendance: 1. Public Health Improvement Plan community meetings/work sessions scheduled the second Tuesday of each month from 11:30 - 1:00 for a period of seven months or as needed to complete the plan. 2. Meetings as needed with HCEP Director and Data Analyst to write the PHIP Responsibilities: 1. Meet with the HCEP and Executive team to determine process for developing and writing the Public Health Improvement Plan for Weld County. 2. Work with the Data Analyst and HCEP director to develop timeline and agendas for public/community partner Steering Committee meetings. 3. Facilitate community Steering Committee meetings to: • Introduce the Community Health Assessment 2010 data and other local health indicators and capacity measures to gather information on community perceptions of health needs in Weld County. • Discuss and deter local health priority issues based on the data and information presented/gathered. • Develop an action plan based on the information gathered on priority health issues, capacity assessment and resources available to address these issues in Weld County. • The action plan will include background information and county specific health data, priority issues, goals and objectives, strategies, and evaluation measures for each priority area. 4. Coordinate writing of the Public Health Improvement Plan document with Executive Director, HCEP staff, Steering Committee and the Colorado Department of Public Health and Environment to ensure all requirements are met for submission to the state by December 31. Hello