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Home My WebLink About20171024.tiffBOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW/ WORK SESSION REQUEST RE: Public Works Power Up Program DEPARTMENT: Human Resources DATE: 3/10/17 PERSON REQUESTING: Patti Russell Brief description of the problem/issue: We have been working closely with Jay McDonald, Curtis Hall and Sharon Benson to come up with a program specific for Public Works in an attempt to alleviate stress from the employees from the fear of not being able to pass their DOT physicals, as well as bring down workman's comp and Health Insurance claims having to do with joint and back pain. This program's focus is to bring health and wellness to this workforce in a convenient and easy way for them to be able to participate and gain knowledge in areas of stress management, nutrition, physical activity and stretching. The Power Up Program is going to have a weekly "pocket card" given to the participants with a health tip for them to concentrate on for the week. The topic each week will rotate between a stretch to do, an exercise to focus on, a stress management tip or a nutrition tip that is relevant to this group of employees. Once a month a 10-15 minute discussion will be held with the employees before their monthly safety meeting on a health related topic. This will give the participants the opportunity to have a brief health related conversation brought to them and to be able to reach out and ask questions to health professionals that are giving the presentations. Data will be collected at the beginning of the program through a barriers, needs and interest survey that the participants will be required to fill out as well as a Functional Movement Screening that each participant will complete. These two things will then be repeated again at the end of November in order to measure success of the program. This program is creating a way to bring the idea of health and wellness to a difficult population to reach due to the amount of time they spend in the field and away from our "office". We will need to contract with an outside company to do the data collection portion of the program as well as to develop the educational materials. the outside agency will also be back up for the monthly 10 minute presentations in the case that the Wellness Coordinator is unable to present the informational discussions due to scheduling conflict. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) We have conducted the informal bidding process by contacting 4 different agencies that could potentially provide the services that we need. In the 2017 Budget we have $20,000 approved for specific programming with Public Works. We received three different bids and have chosen to go with the lowest bid of $11,456 from UCHealth. The next closest bid was $13,366. After having a phone conversation with the Program Outreach Manager from UCHealth, followed by an in person conversation with the manager that would be overseeing the program, I have confidence that they will be able to sufficiently meet, if not exceed our expectations from this program. 2017-1024 Uen nt U L-1ilo/1.7 c&: 469410D i4/-- i1 Recommendation: I recommend that the BOCC approves moving forward with UCHealth for the Power Up Program by entering into a Professional Services Contract. Approve Recommendation Sean P. Conway Julie A. Cozad, Chair Mike Freeman Barbara Kirkmeyer Steve Moreno fret Schedule Work Session Other/Comments: WELD COUNTY AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY & Poudre Valley Health Care, Inc. Public Works "Power Up" THIS AGREEMENT is made and entered into this J day of !1m,(l' , 2017, by and between the County of Weld, a body corporate and politic of the State of Colorad5, by and through its Board of County Commissioners, whose address is 1 150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and Poudre Valley Health Care, Inc., a corporation who whose address is 1870 Marina Drive, Unit 103, Windsor, CO 80550, hereinafter referred to as "Contractor". 'WHEREAS, County desires to retain Contract Professional as an independent Contract Professional to perform services as more particularly set forth below; and WHEREAS, Contract Professional has the ability, qualifications, and time available to timely perform the services, and is willing to perform the services according to the terms of this Agreement. WHEREAS, Contract Professional is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduc tion. The terms of this Agreement are contained in the terms recited in this document and in Exhibit A which forms an integral part of this Agreement. Exhibit A is specifically incorporated herein by this reference. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Project described in Exhibit A. 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until Contractor's completion of the responsibilities described in Exhibit A. This contract may be extended annually upon written agreement of both parties. 4. Termination. Either the County or the Contractor has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. 6.. Compensation/Contract Amount. Upon Contractor's successful completion of the Project, and County's acceptance of the same, County agrees to pay an amount no greater than $11,456, which is the amount set forth in Exhibit A. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. 7. Independent Contractor. Contractor agrees that it is an independent Contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. 020/7, /oo2I 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. 10. Confidentiality. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this agreement. 11. Warranty_ Contractor warrants that the services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. 12. Acceptance of Services Not a Waiver. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the pan of Contractor. Acceptance by the County of, or payment for, the services completed 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. 13. Insurance and Indemnification. Contractor shall procure at least the minimum amount of automobile liability insurance required by the State of Colorado for the use of any hospital owned or leased vehicle. Proof of said automobile liability insurance shall be provided to County prior to the performance of any services under this Agreement. Professional Liability (Errors and Omissions Liability) The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. Contract Professional shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services. In the event that the professional liability insurance required by this Contract is written on a claims -made basis, Contract Professional warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. Minimum Limits: Per Loss Aggregate $ 1,000,000 $ 2,000,000 14. Indemnity. The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. 15. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. 16. 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. 17. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 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. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings 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. 20. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 21. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement state that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 22. 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. 23. 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. 24. 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. 25. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 26. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 27. Public Employment Retirement Program. Contractor is responsible for notifying Weld County of any previous participation in the Colorado Public Employee Retirement Program. Contractor must notify Weld county of the most recent employment for a PERA contributing employer. 28. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5Xc). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E - Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring an new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 29. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibit A is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this 5 day of �c% 1 ,2017. CONTRACTOR: By: Re'acA C'cvckc Name: ' _-;'-�� Title: T. ( e L ._ L)vct,''Cnnc Date r;c: r -�-- WELD COUNTY: ATTEST: ddrifiditi v• ��C��+�o•A. Weld . udty Clerk to the Bo BY: Deputy CI k to he Boa APPROVED AS TO PU �ING: er APPROVED AS TO FORM: CI unty Attorney BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLO' • DO C Julie A. Cozad, Cha APR 102017 ED AS l� H ad Official or Dep artment LQ r of Ga<neral Services ozo/7--/0074- March 1, 2017 Kelly Leffler c/o Human Resources 1150 O Street Greeley, CO 80631 Official Bid: Public Works "Power Up" Program Dear Kelly, It is with great excitement UCHealth submit a bid to support your Public Works "Power Up" Program. UCHealth plans to draw on our years of health and wellness experience to give your employees the tools they need to live healthier, happier lives. This includes: • Needs, barriers and interests survey at the beginning and end of the program, demonstrating results of the program • Functional movement screenings at the beginning and end of the program, including outcomes based on the data • 9 monthly tailgate talks with support from our staff should a Weld County employee be unavailable • 39 weeks of pocket cards • Clear data to demonstrate ROI, improvements, and creation of a culture of health for the Public Works Department We would like to propose a fee of $55.88 per employee, and we would need to base our pricing on all eligible employees (205) participating. Here is a breakdown of what the fee covers: Staff costs - $7,500 Management fee - $1,500 Printing and design of pocket cards - $2,456 TOTAL: $11,456 We look forward to partnering with you in the health of your employees! Sincerely, Katie Shilts Program Outreach Manager 1900 16th St., do CHAMPS • Greeley, CO 80631 • ph: 970.350.2450 • fax: 970.350.2418 PRODUCER Beecher Carlson Insurance Services, LLC 321 North Clark Street, 5th Floor Chicago, IL 60654 INSURED Poudre Valley Health Care Inc, dba Poudre Valley Health System 2315 E. Harmony Rd Suite 200 Fort Collins CO 80528 ACORO® THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). CONTACT NAME: _ CERTIFICATE OF LIABILITY INSURANCE DATE (MM1DD/YYYY) 9/27/2016 PHONE J1/G. No. Ectl: _ E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE INSURER A: COPIC Insurance Company INSURER B: Travelers Property Casualty Insurance Co FAX (A/C, Not: INSURER c: Steadfast Insurance Company INSURER D : Travelers Indemnity Company INSURER E : INSURER F NAIC # 11860 36161 26387 25658 COVERAGES CERTIFICATE NUMBER: 32052748 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUHEU NAMED AtIUVt run Int ruLIL,T rCrcivLi INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS or SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL ROD SUER y�VD POLICY NUMBER POLICY EFF (MMID/YY DYYI POLICY EXP (MMJDDrrYYY) ours A COMMERCIAL GENERAL LIABILITY HCC0013228 10/1/2016 10/1/2017 EACH OCCURRENCE $ 1,000,000 j DAMAGE TO RENTED $ 500,000 �� I 1 PREMISES (Ea occurrence) ✓ CLAIMS -MADE I ✓ OCCUR $ 5,000 MED EXP (Any ono person) $ 1,000,000 PERSONAL R ADV INJURY $ 3,000,000 'L PER: GENERAL AGGREGATE GE ✓ AGGREGATE UMIT APPLIES I I PRO-JEcy ✓ LOC PRODUCTS - COMP/OP AGG $ 1,000,000 $ -- POLICY OTHER: B AUTOMOBILELIABIUTY TJCAP 4251B599-16 10/1/2016 10/1/2017 COMBINED ISINGLE LIMIT $ 1,000,000 $ ANY AUTO BODILY INJURY (Per parson) ✓ OWNED SCHEDULED BODILY INJURY (Per accident) $ A AUTOS ONLY HIRED _ AUTOS NON -OWNED MAGE AMAGE DA ParPERTY D $ AUTOS ONLY A AUTOS ONLY $ C UMBRELLALIAB HPC 0184343-01 10/1/2016 10/1/2017 EACH OCCURRENCE $ 15,000,000 $ 15,000,000 ✓ EXCESS LIAR ,/_ ,./CLAIMS OCCUR AGGREGATE -MADE $ IA DED I RETENT ON $ D WORKERS COMPENSATION TC2KUB 17618963-16 10/1/2016 10/1/2017 ✓ [ MTATUT, i 1OT $ 1,000,000 AND EMPLOYERS' LIABILITY YIN Aggregate $16,362,932 E.L. EACH ACCIDENT ANYPROPRIETORJPARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED7 In NH) y NIA E.L. DISEASE - EA EMPLOYEE 00 $ 1,000 00 0 (Mendalary Ifyes, desfrtbe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 A Health Care Professional Liability HCC0013228 10/1/2016 10/1/2017 Per Claim: $1,000,000 Aggregate: $3,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES IACORD 101, Additional Remarks Schedule, may be attached If more space Is required) CERTIFICATE HOLDER Information Only CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ) lJi - 4 i u ACORD 25 (2016/03) 2012'/48 1 16-:7 GL PL. hU UHB WC IPoudrel I (PROV) Jerilynn Leahy © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD /PROV1 Denise Simmons 19/27/2016 3:43:12 P1/ IEDTI I Page 1 of 1 Hello