HomeMy WebLinkAbout20080593.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR PROFESSIONAL/TECHNICAL SERVICES FOR STEPS
TO A HEALTHIER WELD COUNTY PROJECT AND AUTHORIZE CHAIR TO SIGN -
KELLY LEONARD
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Agreement for Professional/Technical
Services for the Steps to a Healthier Weld County Project between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Weld County Department of Public Health and Environment, and Kelly Leonard, commencing
January 1, 2008, and ending April 10, 2008, with further terms and conditions being as stated in
said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Agreement for Professional/Technical Services for the Steps to a
Healthier Weld County Project between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, on behalf of the Weld County Department of
Public Health and Environment, and Kelly Leonard be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 13th day of February, A.D., 2008, nunc pro tunc January 1, 2008.
BOARD OF COUNTY COMMISSIONERS
D COUNTY, COLORADO
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ATTEST: iesaQ11 Ell, ,
!� 1 li . Jerke, Chair
Weld County Clerk to the Board ;1851 ' Q� _
If F ,F_'cc
0. Ma eh, Pro-Tem
BY: zl-ci1�r L"�CTh � t/
n
Deputy lerk to the Board _`c.� j1_,,
William Gtrcia
AP D AS T • Cecil
David E. Long
ty Attorney
Dougla Rademache
Date of signature:
2008-0593
HL0035
1 t- C
Memorandum
Kicte ,64e, TO: William H. Jerke, Chair
Board of County Commissioners
' C FROM: Mark E. Wallace, MD, MPH, Director Department of P lic Health awl n,
Environment Gam] IRX-r-Ca
COLORADO DATE: February 7,2008tee,
SUBJECT: Agreement for Professional Services
Enclosed for Board review and approval is the agreement between the Weld County Department
of Public Health and Environment and Kelly Leonard, Registered Dietitian, for the production of
six, three-minute television programs on healthy cooking. The programs are produced by the
City of Greeley and are featured on cable channel 8 from January 1, 2008 through April 10,
2008. The agreed upon fee for service for each program is $300.00 for a total of$1800.00.
The cooking shows are part of the 100 Day Resolution Challenge sponsored by the Steps to a
Healthier Weld County Project to educate and encourage the residents of Weld County to adopt
healthier lifestyle behaviors such as eating better, moving more, and quitting tobacco. The
agreement provides for additional services if needed during the grant year and identifies the
product, Kelly's Kitchen cooking shows, as the property of Weld County.
I recommend your approval.
Enclosure
2008-0593
AGREEMENT FOR PROFESSIONAL/TECHNICAL SERVICES
THIS AGREEMENT, made this 17+Vay of 3y,, , 2007, by and between the
Board of County Commissioners for the County of Weld, State of Colorado, acting on behalf of
the Weld County Department of Public Health and Environment ("Health Department"), and
Kelly Leonard, Registered Dietition ("Contractor").
Upon consideration of the mutual covenant and conditions hereinafter set forth, the parties agree
as follows:
1. PROJECT DESCRIPTION. Health Department has been awarded a STEPS Grant which
includes terms and conditions under which the STEPS Grant will be paid. (the "STEPS
Grant" or the"Grant"). Contractor agrees to provide certain professional/technical
services pursuant to the terms and conditions of the STEPS Grant. Contractor shall
provide professional/technical consultation and advice to Health Department during the
Performance of the Services hereunder. Specifications relating to performance of work
by Contractor are as outlined in Exhibit A, Scope of Services, attached hereto and
incorporated herein by reference.
2. AGREEMENT COMMENCEMENT AND TERMINATION. The Parties agree that this
Agreement shall encompass all of the services performed by Contractor pursuant to the
STEPS Grant, which services commenced 3 $ '_, and shall continue until the
services are completed, or until the STEPS Grant terminates, whichever sooner occurs.
This Agreement may be terminated by the Health Department at the sole option of the
Health Department upon five (5) days written notice to the Contractor of such
termination, and may be terminated at any time without notice upon a material breach of
the terms of this Agreement by Contractor. In the event of such early termination
Contractor shall be paid for work performed up to the time of notice, and the Health
Department shall be entitled to the use of all reports, films, documents and other
materials generated as a result of the services encompassed by this Agreement, and
pursuant to the terms and conditions of the STEPS Grant.
3. HEALTH DEPARTMENT REPRESENTATIVE. The Health Department will designate
an authorized representative to administer this Agreement. All reports, oral or written,
and all notices and communications concerning performance of this Agreement shall be
directed to said Health Department Representative or such other person the Health
Department may hereafter designate.
4. PAYMENT. Contractor shall receive payment for services rendered under the Scope of
Services outlined in Exhibit A at a"project rate" in an amount as set forth in Exhibit B.
Payment to Contractor will be made upon presentation of a proper claim by Contractor
subject to the approval of the Health Department for which the services have been
performed.
�?GG' 5-93
5 REPORTS AND WORK ARE PROPERTY OF WELD COUNTY AND HEALTH
DEPARTMENT. All reports, films, documents 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 Weld County
Department of Public Health and Environment. The Contractor shall not make use of
such materials, and the Contractor shall not permit any other person or entity to make use
of such materials, for purposes other than in connection with this Agreement without
prior written approval of Health Department.
6. ACCEPTANCE OF PRODUCT. Upon completion of the work, or upon termination of
the Agreement, whichever sooner occurs, the Contractor shall submit to the Health
Department originals of all reports, films, documents, etc., generated during performance
of the STEPS Grant, whether or not in final completed form.
7. ACCEPTANCE NOT WAIVER. Approval by the Health Department of plans,
specifications, reports, films, and incidental material furnished under this Agreement
shall not in any way relieve the Contractor of responsibility for the technical accuracy of
the work. Approval by the Health Department of, or payment for, any services performed
under this Agreement shall not be construed as a waiver of any of the Health
Department's rights under this Agreement or under the law generally.
8. CONTRACTOR RESPONSIBILITY. The Contractor shall be responsible for the
professional quality, accuracy, timely completion and coordination of all activities,
reports, films, documents and other materials and services rendered under this
Agreement. The Contractor shall, without additional compensation, promptly remedy
and correct any errors, omissions or deficiencies caused by the Contractor. The
Contractor shall defend and indemnify Health Department and Weld 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 worker's compensation insurance at Contractor's own cost and
expense.
9. CONSENT OF HEALTH DEPARTMENT REQUIRED. This Agreement is not
assignable or terminable by the Contractor, absent written approval of the Health
Department. Notwithstanding the foregoing, this Agreement shall be terminable by the
Contractor in the event of her death or disability.
10. AMENDMENT. This Agreement may be amended in part or in whole upon agreement
of the parties, provided such amendment is reduced to writing and properly executed.
11. FUNDING CONTINGENCY. This Agreement and the obligations of the Health
Department and Weld County hereunder are expressly contingent upon adequate funds
being budgeted therefor.
12. ADDITIONAL WORK. In the event the Health Department shall require changes in the
scope, character, or complexity of the work to be performed which said changes cause an
increase or decrease in the costs to the Contractor or time 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 made without
such prior supplemental Agreement shall be deemed covered in the compensation and
time provisions of this Agreement.
13. INSURANCE. Contractor shall secure and maintain insurance policies that will protect
herself from claims for bodily injury, death, or property damage, which may arise from,
or are the result of, the work Contractor performs for Health Department pursuant to the
STEPS Grant. Said insurance must be in force during the entire term of this Agreement,
and for a period of twelve (12) months thereafter.
14. DEFAULT. In the event of default by the contractor of any provisions hereof, the Health
Department may recover its costs and attorney fees incurred in any suit brought by reason
of default.
15. CONTRACTOR IS INDEPENDENT CONTRACTOR. Contractor agrees that she is an
independent contractor and that neither Contractor nor Contractor's agents are, or shall be
deemed to be, an agent or employee of the Health Department or Weld County for any
purpose. Contractor shall have no authorization, express or implied, to bind the Health
Department or Weld County to any agreement, liability, or understanding.
16. NO CONFLICT. Contractor shall not 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.
17. 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.
18. 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, nor shall any portion of this Agreement be deemed to have created a duty of care
which did not previously exist with respect to any person not a party to this Agreement.
19. 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.
20. TIME OF ESSENCE. Time is of the essence in each and all the provisions of this
Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first above written. //�
' � WELD COUNTY DEPARTMENT OF
Kelly Lei ard, R.D. PUBLIC HEAI.THA D E aEc
_3�� /� ( BY:1 4* \
(15 I ✓�'J LC 2 ) - Mark E. Wallace, MD, MPH-Director
Address
o V\ irk k- (,,Q (1De v
BOARD OF COUNTY COMMISSIONERS
FOR THE COUNTY OF WELD
STATE OF COLORADO •�+�`
44. S guSetiv
Chair , William H. Serke (02/13/200$ E21°
• 'i:puty C erk to the Board
,;7o0E-0593
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