HomeMy WebLinkAbout20180552.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR PART-TIME TEMPORARY EMPLOYMENT AND
AUTHORIZE CHAIR TO SIGN - MARK THOMAS
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 Part-time Temporary
Employment between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Public Health and Environment,
and Mark Thomas, commencing February 14, 2018, 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 Part-time Temporary Employment between the County
of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,
on behalf of the Department of Public Health and Environment, and Mark Thomas, 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 21st day of February, A.D., 2018, nunc pro tunc February 14, 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: daz),44) Jelez,;(,k,
Weld County Clerk to the Board
BY:
Deputy Clerk to th
APPRO AS TO F
torney
Date of signature: 3-/3'1S
Steve Moreno, Chair
ara Kirkmeyer Pro-Tem
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Sean P. Conway
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Julie A. Cozad
La
Mike Freeman
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03-2-'
2018-0552
HL0050
Memorandum
TO: Steve Moreno, Chair
Board of County Commissioners
FROM: Mark E. Wallace, MD, MPH
Executive Director
Department of Public Health & Environment
DATE: February 20, 2018
SUBJECT: Part -Time, Temporary Employment
Agreement with Mark Thomas for Lab
Services
Enclosed for the Board's approval is an Employment Agreement between the Weld County Board
of County Commissioners and Mark Thomas, for temporary, part-time lab services. The term of
this Agreement begins upon the date of the execution of the Agreement by County, and shall not
exceed six (6) months unless extended in writing by the parties and shall not exceed $15,000
without prior written approval.
Due to the recent departure of Mr. Thomas, the Environmental Health Services Lab Manager, we
are requesting a short-term Employment Agreement with Mr. Thomas to facilitate continuity of
lab operations and a smooth staff transition for new and existing personnel in our environmental
lab.
Mr. Thomas accepted another full-time position with a local firm and this has left us with an
impaired ability to fulfill our lab's contract deliverables with various entities in northern Colorado.
The unique complexity of our lab's instruments used to complete the testing and the associated
certification required of the test performer lead us to request the services of Mark Thomas for a
limited time. Any instruments identical to ours would reside in research labs or testing labs similar
to ours and we'd have to pay a contractor to access that facility which is unnecessary when we
have the instruments in our possession in our own facility. This a highly unique and time -limited
situation that necessitates a sole -source approach with an existing knowledgeable, qualified and
competent professional.
This Agreement was approved for placement on the Board's agenda following a work session on
February 13, 2018. I recommend approval of this Agreement with Mark Thomas for temporary,
part-time lab services.
cif, 40 66'x,
1
PART-TIME TEMPORARY EMPLOYMENT AGREEMENT
BETWEEN WELD COUNTY & MARK THOMAS FOR LAB SERVICES
THIS AGREEMENT is made and entered into this ! 4 day of
2019 by and between the County of Weld, a body corporate and politic of the State of Colorado,
by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley,
Colorado 80631 hereinafter referred to as "County," and Mark Thomas, referred to as Lab
Specialist
Introduction.
This Agreement is entered into by Weld County to secure professional laboratory
services and training.
The terms of this Agreement are contained in the terms recited in this document and
in Exhibit A, which is the Statement of Work.
WITNESSETH:
WHEREAS, County desires to retain Lab Specialist to perform services as more
particularly set forth below; and
WHEREAS, Lab Specialist 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. Services to be Performed. County and Lab Specialist acknowledge and agree that
each document listed above is an integral component of this Agreement, and consent and agree
that County's requirements are accurately reflected in Exhibit A and Lab Specialist's willingness
and ability to meet those requirements is acknowledged. Lab Specialist further acknowledges that
a failure to comply with the standards and requirements of Exhibits A may result in County's
decision to withhold payment or to terminate this Agreement.
2. Term. The term of this Agreement begins upon the date of the execution of this
Agreement by County, and shall continue through and until Lab Specialist's completion of the
responsibilities described in Exhibits A. However, the term shall not be longer than six (6) months
unless extended in writing by the parties. The Agreement shall automatically terminate when the
County obtains another properly certified individual to perform the services listed in Exhibit A,
either by hiring them or through training by the Lab Specialist.
3. Compensation.
2018-0552 C i )
1
A. County agrees to pay Lab Specialist for services performed as established
in Exhibit A. Lab Specialist may bill $125.00 per hour for both laboratory and training
services. However, $90.00 will be paid during the pendency of this contract. The
remaining $35.00 an hour, called the incentive pay, will accumulate and be paid in a lump
sum once the Lab Specialist has trained, or the County has otherwise obtained, a fully
certified individual, as determined by the county, to take over the services as outlined in
this agreement. County shall withhold FICA, Medicare, federal, and state taxes from
payments, however, no other benefits will be provided pursuant to this agreement.
B. Payment to Lab Specialist will be made only upon presentation of a proper
claim by Lab Specialist, itemizing services performed.
C. Payment for services and all related expenses under this Agreement shall
not exceed $15,000.00 without prior written approval.
4. Additional Work. In the event 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 Lab Specialist 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 Lab Specialist 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.
5. Ownership. All work and information obtained by Lab Specialist under this
Agreement or individual work order shall become or remain (as applicable), the property of
County. This includes, but is not limited to, reports, data, plans, drawings, records and computer
files. All reports, test results and all other tangible materials obtained and/or 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 County. Lab Specialist shall not
make use of such material for purposes other than in connection with this Agreement without prior
written approval of County.
6. Termination Provisions.
A. County has the right to terminate this Agreement, on ten (10) days written
notice. Furthermore, this Agreement may be terminated at any time without notice, upon a
material breach of the terms of the Agreement. However, nothing herein shall be construed
as giving Lab Specialist the right to provide materials (or services) under this Agreement
beyond the time when such materials (or services) become unsatisfactory to County. The
Agreement shall automatically terminate when the County obtains another properly
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certified individual to perform the services listed in Exhibit A, either by hiring them
or through training by the Lab Specialist.
B. If this Agreement is terminated by County, Lab Specialist shall be
compensated for, and such compensation shall be limited to, (1) the sum of the amounts
contained in invoices which it has submitted and which have been approved by the County;
(2) the reasonable value to County of the materials which Lab Specialist provided prior to
the date of the termination notice, but which had not yet been approved for payment; and
(3) the cost of any work which County approves in writing which it determines is needed
to accomplish an orderly termination of the work. County shall be entitled to the use of all
material generated pursuant to this Agreement upon termination. If the Contract is
terminated prior to when a properly certified individual is either trained or located then the
accumulated $35.00 incentive pay will be forfeited.
7. Time of the Essence. Time is of the essence in each and all of the provisions of
this Agreement.
8. Entire Agreement/Modifications. This Agreement including the Exhibits
referenced (each of which is specifically incorporated herein) 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:
9. Severability. If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable by a court of competent jurisdiction, 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.
10. Governmental Immunity. No term or condition of this contract shall be construed
or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections
or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as
applicable now or hereafter amended.
11. Taxes and Employee Status. Lab Specialist will be considered a part-time,
temporary employee of the County. Lab Specialist is being hired to ensure that there is not a lapse
of service until a replacement Chemist and Lab Manager with the appropriate certifications can be
hired full time. County will be withholding FICA, Medicare, federal, and state taxes from
payments and reporting them on a W-2 at year end. The Lab Specialist Acknowledges the
temporary nature of this agreement and understands it will terminate upon the conditions listed
above.
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year written
above.
LAB SPECIALIST:
ATTEST: Name: Mark Thomas
(Name and Title)
The foregoing instrument was acknowledged before me this 14 ay of R.bv1 WY, 2018, by
,A- �Inpw .S (name), as Ld-y S+PluziALIsr (title) of
1,0 0)6 Cft. "441 g a4r11r1R.rvtvb -Rc61w qtallermapaner
(Company name))'
My commission expires on: 1-3/-2O11
WENDY PARIS
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID # 20034025388
MY COMMISSION EXPIRES JULY 31, 2019
ATTEST:
Welsofeti sideo;e1
BY:
Deputy
4
aieind5Acc-c---
Notary Public
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Moreno, Chair
FEB 21 2018
aO( -O55 C1.)
t
February 12, 2018
WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org
EXHIBIT A
SCOPE OF WORK
MARK THOMAS
Times with after-hours access to the EH Laboratory, only if there is work to be done.
Communication will be held with Carly Ruble and Vicky Krizan related to any pending
samples to be run or other situations/work requiring presence in the lab:
Tuesdays and Thursdays, 5:00 to 8:00 PM
Saturdays, a full work day (8 hours)
The following tasks shall be completed, as necessary:
1. Run analytical instrumentation for Drinking Water parameters according to state
certifications:
a. Copper and Lead (GFAA/FAA)
b. VOCs (GCMS)
c. TTHMs (Total Trihalomethanes)-(GCMS)
2. Approve and send test results under Drinking Water parameters for which the lab is
State -Certified
3. Perform review of Carly Ruble's results input in Lablynx as the Chemist prior to
Managerial approval-i.e. the multi -barrier approach
4. Order supplies
5. Approve vendor invoices to be paid by ADMIN
6. Assist in interviewing appropriate candidates and hiring replacements for the Chemist
and Lab Manager positions
7. Train, facilitate, and ensure obtaining of certifications for the new Chemist and Lab
Manager, including:
a. Training for the GFAA/FAA
i. MDLs, IDLs, DOCs, and proficiency tests
b. Training for the GCMS
i. MDLs, IDLs, DOCs, and proficiency tests
8. Monthly State Reporting of Public Water System Drinking Water parameters for
compliance
9. Submit Environmental and Medical proficiency test results as the lab designee
10. Quarterly environmental invoicing of contract customers
11. Lablynx (LIMS) training, updating QC Limits, tests, pricing, invoicing, general work
flow
12. Assist with upset instrument conditions that arise
Health Administration
Vital Records
Tele: 970-304-6410
Fax: 970-304-6412
Public Health &
Clinical Services
Tele: 970-304-6420
Fax: 970-304-6416
Environmental Health
Services
Tele: 970-304-6415
Fax: 970-304-6411
Communication,
Education & Planning
Tele: 970-304-6470
Fax: 970-304-6452
Emergency Preparedness
& Response
Tele: 970-304-6470
Fax: 970-304-6452
PublicHealth
i
Page 2
13. Agree to allow name to remain on the lab certifications with the Colorado Department of
Public Health and Environment (CDPHE) (drinking water testing) as well as for Clinical
Laboratory Improvement Amendments (CLIA) so that all current testing may continue to
be completed
14. Assist with the transition (filing of paperwork and registrations) from Mark Thomas to
the new lab manager's name for the certifications named in Item 13
RE: PART-TIME TEMPORARY EMPLOYEE AGREEMENT
APPROVED AS TO SUBSTANCE:
Elected Official or Department Head
APPR FEDAST F NDING:
Controller
APPROVED AS 0 FORM:
County Attorney
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