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HomeMy WebLinkAbout20171092RESOLUTION RE: APPROVE PROFESSIONAL SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN - CHRISTOPHER BOWEN 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 Professional Services Agreement 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 Christopher Bowen, commencing May 1, 2017, and ending August 31, 2017, 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 Professional Services Agreement 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 Christopher Bowen 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 19th day of April, A.D., 2017. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dodo") .1eldo:K, Weld County Clerk to the Board BY: / W' 'Duty Clerk to the Board APP 'a19IASTO ty A orney Date of signature: 5 f ( l / l'7 CC. Hl. CTC,(ST/ Mw) JuIAA. oza�air Steve Moreno, Pro-Tem Sean P. Conway uk- Freeman /� Barbara Kirkmeyer 2017-1092 HL0049 ea»iitne7' I7 # flab' Memorandum TO: Julie A. Cozad, Chair Board of County Commissioners FROM: Mark E. Wallace, MD, MPH Executive Director Department of Public Health & Environment DATE: April 11, 2017 SUBJECT: Professional Services Agreement with Christopher Bowen For the Board's approval is an Agreement for Professional Services between Christopher Bowen ("Contractor") and the Weld County Board of County Commissioners on behalf of the Weld County Department of Public Health and Environment ("WCDPHE"). The Health Department will be producing several reports by August 31, 2017 including: • 2007 —2016 Weld Community Health Survey Trend Report • Northern Colorado Region 2016 Community Health Survey Comparison Report • 2017 Weld Traffic Crash Summary Report • Teen Safe Driving Program Summary Report. These reports will be used internally within the Health Department, and externally with Weld County Government agencies including the BOCC, public health partner agencies, and the public. WCDPHE partners with the University of Northern Colorado to work with qualified and enthusiastic students seeking real world data analysis and report writing experience in the public sector for the period of May 1, 2017 through August 31, 2017. The Professional Services Agreement will not exceed $5,000 ($18/hour rate). The Health Department has funds budgeted in 2017 for this Summer Intern Data Assistant. This agreement was approved for placement on the Board's agenda via pass -around dated April 6, 2017. I recommend approval of this Agreement for Professional Services with Christopher Bowen. 2017-1092 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made by and between the County of Weld, State of Colorado, whose address is 1150 O Street, Greeley, Colorado, 80631 ("County"), and _Christopher Bowen _ whose address is _2425 W. 24`x' Street, Apt 301, 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 May 1, 2017 through and until August 31, 2017. 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. County agrees to pay Contractor for services performed as set forth on Exhibit A at the rate of $18.00 per hour. Charges shall be based on the time actually spent performing the services, but shall exclude travel time. Mileage may be charged to and from any required job site at a rate of _00_ cents per mile (not applicable). Contractor shall not be paid any other expenses unless set forth in this Agreement. Payment to Contractor will be made only upon presentation of a proper claim by Contractor, itemizing services performed and mileage expense incurred. Payment for services and all related expenses under this Agreement shall not exceed $5,000.00. 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, 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 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. 2 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. 3 3/2 2.47 Date 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 head 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's Signature: COUNTY OF WELD, STATE OF COLORADO Julie Cozad, Chair Board of County Co ATTESTdiptifeu;� o e : oard 010/7- / 0 9.2_ DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 North 17'h Avenue Greeley, CO 80631 Weld County Contract with Christopher Bowen, Summer Intern Data Assistant Exhibit A: Scope of Work Lead Agency: Name of Consultant: Weld County Department of Public Health and Environment Eric Aakko, Director, Health Communication, Education and Planning 1555 N. 17th Avenue Greeley, CO 80631 970-304-6470 ext. 2380 eaakko(i4weldgov.com Christopher Bowen 2524 W. 24th St, Apt 301 Greeley, CO 80634 Public Health Project Period: May 1, 2017, through August 31, 2017 Scope of Work: The Summer Intern Data Assistant will perform data analysis and prepare data reports outlined below with a high degree of accuracy. The Summer Intern Data Assistant must possess editorial, research, writing, and communication skills; proficiency with Microsoft products including Word, PowerPoint, and Excel; and proficiency with statistical software including SPSS. The Data Assistant must be able to understand and interpret data and be able to synthesize data into text, charts, and graphs for non -technical audiences; follow policies and procedures for reporting data, and be organized. The Summer Intern Data Assistant will need to maintain regular communication with the Health Department's Data Specialist. Tasks: 1. Prepare a Community Health Survey Trend Report in Excel and Word including data preparation and analysis of trends between the 2007, 2010, 2013, and 2016 findings for the subset of overlapping question items. Preparation includes data management, merging, and documenting the process so that a similar process can be replicated in future years. A final fully documented and merged SPSS data set including an annotated syntax command file is also a deliverable. Analysis includes checking the process for accuracy, conducting basic descriptive analyses, and conducting basic inferential analysis including obtaining associated effect sizes for any significant findings. 2. Prepare the Northern Colorado Region 2016 Community Health Survey Comparison Report in Excel and Word including data preparation and analysis of 2016 Weld and Larimer data in SPSS. Data preparation and analysis requirements are similar to those outlined for the trend report in Task 1. 3. Analyze Weld County Traffic Crash Data and prepare one or more brief summary reports in Word, Excel, or PowerPoint. Descriptive, inferential, and geospatial analyses need to be performed to identify possible issues and concerns of interest to Health Department programs, leadership, and other Weld County Government agencies such as Public Works and the Sheriff's Office. The Summer Intern Data Assistant will work with the Data Specialist to finalize how the results will be reported. 4. Prepare the Teen Safe Driving Program Summary Report in Word and/or PowerPoint including data preparation and analysis of 2016-2017 data in SPSS using templates from 2015-2016 analyses and reports. Task and Payment Timeline: Contractor will provide a detailed monthly invoice to Health Department staff by the 10th of each month for previous month's work. Monthly invoices are due on or before: June 10, 2017; July 10, 2017; August 10, 2017; September 10, 2017. Total amount will not exceed $5,000.00 ($18/hr rate). All tasks must be complete by August 31, 2017. Hello