HomeMy WebLinkAbout20171091RESOLUTION
RE: APPROVE PROFESSIONAL SERVICES AGREEMENT AND AUTHORIZE CHAIR TO
SIGN - KILEY FLOREN
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 Kiley Floren, commencing April 15, 2017, and ending June 30, 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 Kiley Floren 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, nunc pro tunc April 15, 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COL DO
ATTEST: dittLGC ;A
Weld County Clerk to the Board
BY:
Cor—
le A. ozad, Chair
Steve Moreno, Pr9,Te m
t y Clerk to the Board
APPRDV D AS T
ttorney
Date of signature: 5/ It!
arbara Kirkmeyer
Sean P. Conway
CC: FiLLTG/ST/MW3
r-/6-/
2017-1091
HL0049
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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 Kiley
Floren
For the Board's approval is an agreement for professional services between Kiley Floren
("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 needs to produce the following reports derived from the 2016 Weld
Community Health Survey by June 30, 2017:
• The 2016 Community Health Survey Data Chartbook
• Key Findings Topical Briefs
• County Regional Health Status Briefs
The reports are a series of interrelated documents that will be used internally within the Health
Department, Weld County Government agencies including the BOCC, and externally by public
health partner agencies and the general public. All documents will be available on the Health
Department website.
Kiley Floren is a qualified applicant with previous health survey data report writing experience at
the Health Department. This short-term Professional Services Agreement will not exceed $2,500
($18/hour rate) for the period of April 15, 2017, through June 30, 2017. The Health Department
has funds budgeted in 2017 for this Health Survey Report Writer.
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 Kiley Floren.
2017-1091
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 Kiley Floren whose address is 3215 39th Avenue, Evans, Colorado
80620_, ("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 April 15, 2017 through and until
June 30, 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 $2,500.00.
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
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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.
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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.
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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's Signature.
Pg;--(7L7'
Date
COUNTY OF WELD, STATE OF COLORADO
ATTEST: Simi .a o;64.
Julie Cozad, Chair
Board of County Co
to th• Board
Date
pro/7-/ o t/
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 North 17th Avenue
Greeley, CO 80631
Weld County Contract with Kiley Floren, Health Survey Report Writer
Exhibit A: Scope of Work
Lead Agency:
Name of Consultant:
Project Period:
Scope of Work:
PubljcH°atth
Weld County Department of Public Health and Environment
Eric Aakko, Director, Health Communication, Education and Planning
1555 N. 17t" Avenue, Greeley, CO 80631
970-304-6470 ext. 2380 eaakkoAweldgov.com
Kiley Floren
3215 39th Avenue
Evans, CO 80620
April 15, 2017, through June 30, 2017
The Health Survey Report Writer will prepare technical and lay audience reports from data obtained from the
2016 Weld County Community Health Survey with a high degree of accuracy.
Tasks:
1. Create the 2016 Community Health Survey Data Chartbook in Excel using the 33 -page 2013 Survey
Data Chartbook in Excel as a template by May 15, 2017. Chartbook content will be derived from SPSS
output tables (provided by the Health Department staff) with a high degree of accuracy.
2. Create one to three page Key Finding Topical Briefs (approximately 24 total) and four County Regional
Health Status Briefs using the 2013 Health Survey PowerPoint templates by June 30, 2017. Topical
briefs include charts, short narrative explanations of information in the charts, and when possible state
and national comparison information. Health Department staff must edit and approve all final
documents.
Project and Payment Timeline:
Contractor will invoice the Health Department monthly by the 10th of the month in May, June, and July for
work performed. Total amount will not exceed $2,500.00 (Hourly rate of $18/hour).
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