HomeMy WebLinkAboutC11-327 Katie Mazzia MS, RD, CDE Agreement AGREEMENT BETWEEN EAGLE COUNTY, COLORADO
AND
Katie Mazzia MS, RD, CDE ��,
This Agreement ( "Agreement ") dated as of this "7 day of 2011, is
between the County of Eagle, State of Colorado, a body corporate and politic, by and through
its Board of County Commissioners or County Manager with a mailing address of 500
Broadway, Post Office Box 660, Eagle CO 81631 ( "County "), and Katie Mazzia MS, RD.,
with a mailing address of 839 Sylvan Lake Rd x4386, Edwards, CO 81632 ( "Contractor ").
RECITALS
WHEREAS, the County, through its Department of Health and Human Services
( "HHS "), works to promote the health, safety and welfare of County residents of all ages;
and
WHEREAS, the use of outside providers enhances the ability of the County to
promote such health, safety and welfare; and
WHEREAS, County wishes to hire Contractor to perform the services outlined in
Section 1.1 hereunder; and
WHEREAS, Contractor represents that she has the knowledge and expertise to
perform the services hereunder; and
WHEREAS, County and Contractor intend by this Agreement to set forth the scope
of the responsibilities of the Contractor in connection with the services and related terms and
conditions to govern the relationship between Contractor and County in connection with the
services.
AGREEMENT
NOW THEREFORE, based upon the representations by Contractor set forth in the
foregoing recitals, for good and valuable consideration, including the promises set forth
herein, the parties agree to the following:
1. Scope of Services:
1.1 The Contractor will provide the services more particularly set forth in the
attached Exhibit "A" which is attached hereto and incorporated herein by reference. Such
Exhibit A is labeled Scope of Services (hereinafter called "Contractor's Services or
"Services. The services are generally described as Registered Dietician consultative and
monitoring services for Early Head Start staff and families.
1.2 Any revision, amendment or modification of this Agreement shall be valid
only if in writing and signed by all parties. Except as may be expressly altered by the
amendment, all terms and conditions of this Agreement shall control. To the extent the terms
and conditions of this Agreement may conflict with Exhibit "A" or any future exhibits or
amendments, the terms and conditions of this Agreement shall control.
1.3 The Contractor agrees that Contractor will not knowingly enter into any
arrangement with third parties that will conflict in any manner with this Agreement.
1.4 Contractor has given the County a proposal for performing the Services and
represented that it has the expertise and personnel necessary to properly and timely perform
the Services.
2. Term of Agreement:
2.1 The term of this Agreement shall commence upon execution of the Agreement
by both parties and shall end on December 31, 2012, unless earlier terminated in accordance
with the terms of this Agreement.
2.2 This Agreement may be terminated by either party for any reason, with or
without cause, and without penalty upon fifteen (15) days written notice. In the event the
Contractor files for bankruptcy or is declared bankrupt or dissolves, County may declare in
writing that this Agreement is immediately terminated, and all rights of Contractor and
obligations of County are terminated, except payment of accrued but unpaid fees as set forth
in Section 2.3 hereof.
2.3 In the event of any termination of this Agreement, Contractor shall be
compensated for all incurred costs and hours of work then satisfactorily completed, plus
approved expenses.
3. Independent Contractor:
3.1 With respect to the provision of the Contractor's Services hereunder,
Contractor acknowledges that Contractor is an independent contractor providing Contractor's
services to the County. Nothing in this Agreement shall be deemed to make Contractor an
agent, employee, partner or representative of County.
3.2 The Contractor shall not have the authority to, and will not make any
commitments or enter into any agreement with any party on behalf of County without the
written consent of the Board of County Commissioners.
3.3 The Contractor and its employees are not entitled to workers' compensation
benefits through the County. The Contractor is solely responsible for necessary and adequate
workers' compensation insurance and shall be responsible for withholding and paying all
federal and state taxes. The Contractor and its employees are not entitled to unemployment
insurance benefits unless unemployment compensation coverage is provided by an entity
other than the County. The Contractor hereby acknowledges full and complete liability for
and timely payment of all local, state and federal taxes imposed including, without limitation,
tax on self - employment income, unemployment taxes and income taxes.
2
4. Compensation:
4.1 For the Contractor's Services provided hereunder, County shall pay to the
Contractor an hourly fee of $60 per hour as set forth in Exhibit "A." The total compensation
allowed under this Agreement shall not exceed $3,500. A maximum of $1500 can be paid in
2011 and $2000 in 2012. Contractor will not be entitled to bill at overtime and /or double time
rates for work done outside normal business hours unless specifically authorized to do so by
County. Fees for any additional services will be as set forth in an executed addendum to this
Agreement.
4.2 Contractor must submit invoices by the fifth business day of each month.
Invoices shall include a description of Services performed. If County is not satisfied with the
completeness of a submitted invoice, County may request Contractor to either revise the
invoice or provide additional information. Fees will be paid within thirty (30) days of receipt
of a ro er and accurate invoice from Contractor for Contractor's Services which are
P p
satisfactorily completed.
All invoices must be mailed or delivered in- person to the following address to ensure
proper payment. Invoices sent by fax or email will not be accepted.
Eagle County Health & Human Services
Business Office
550 Broadway
P.O. Box 660
Eagle, CO 81631
4.3 If, prior to payment of compensation or reimbursement for services but after
submission to County of a request therefore by Contractor, County reasonably determines
that payment as requested would be improper because the services were not performed as
prescribed by the provisions of this Agreement, the County shall have no obligation to make
such payment. If, at any time after or during the Term or after termination of this Agreement
as hereinafter provided or expiration of this Agreement, County reasonably determines that
any payment theretofore paid by County to Contractor was improper because the services for
which payment was made were not performed as prescribed by the provisions of this
Agreement, then upon written notice of such determination and request for reimbursement
from County, Contractor shall forthwith return such payment to County. Upon termination of
this Agreement as hereinafter provided or expiration of the Term, any unexpended funds
advanced by County to Contractor shall forthwith be returned to County.
4.4 Notwithstanding anything to the contrary contained in this Agreement, no
charges shall be made to the County nor shall any payment be made to the Contractor in
excess of the amount for any work done in respect of any period after December 31st of the
calendar year of the Term of this Agreement, without the written approval in accordance with
a budget adopted by the Board of County Commissioners in compliance with the provisions
of Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law
(C.R.S. § 29 -1 -101 et seq.) and the TABOR Amendment (Colorado Constitution, Article X,
Sec. 20).
3
5. Indemnification:
The Contractor shall, to the fullest extent permitted by law, indemnify, hold harmless
and defend the County and its officials, boards, officers, principals and employees from all
losses, costs, claims, damages and liabilities, including reasonable attorney's fees and
expenses for which County or any of its officials, boards, officers, principals and employees
may become subject to, insofar as any such losses, claims, damages or liabilities arise out of,
directly or indirectly, this Agreement or are based upon any performance or nonperformance
by Contractor and Contractor shall reimburse County for any and all legal and other expenses
incurred by it in connection with investigating or defending any such loss, claim, damage,
liability or action.
6. Contractor's Professional Level of Care and Additional Duties:
6.1 Contractor shall be responsible for the completeness and accuracy of the
Services, including all supporting data and other documents prepared or compiled in
performance of the Services, and shall correct, at its sole expense, all significant errors and
omissions therein. The fact that the County has accepted or approved the Contractor's
Services shall not relieve Contractor of any of its responsibilities. Contractor shall perform
the Services in a skillful, professional and competent manner and in accordance with the
standard of care, skill and diligence applicable to, similar services in the area at this time.
Further, in rendering its services hereunder, Contractor shall comply with the highest
standards of customer service to the public. Contractor shall provide appropriate supervision
of its employees to ensure the maintenance of these high standards of customer service and
professionalism, the performance of such obligation to be determined at the sole discretion of
County. In the event that County finds these standards of customer service are not being met
by Contractor, County may terminate this Agreement, in whole or in part, upon ten (10) days
notice to the Contractor.
6.2 All funds received by Contractor under this Agreement shall be or have been
expended solely for the purpose for which granted, and any funds not so expended, including
funds lost or diverted for other purposes, shall be returned to County. Contractor shall
provide the County with progress reports upon County's request; or Contractor shall furnish
progress reports as more specifically set forth in the attached Exhibit "A ".
6.3 Contractor shall maintain, for a minimum of 3 years, adequate financial and
programmatic records for reporting to County on performance of its responsibilities
hereunder. Contractor shall be subject to financial audit by federal, state or county auditors
or their designees. Contractor authorizes County or its agents to perform audits or to make
inspections during normal business hours, upon 48 hours notice to Contractor, for the
purpose of evaluating performance under this Agreement. Contractor shall cooperate fully
with authorized HHS representatives in the observation and evaluation of the program and
records. Contractor shall have the right to dispute any claims of misuse of funds and seek an
amicable resolution with County.
4
6.4 Contractor shall comply with all applicable federal, state and local rules,
regulations and laws governing services of the kind provided by Contractor under this
Agreement. Contractor shall be solely responsible for ensuring proper licensing and
credentialing of those providing services under this Agreement.
6.5 Contractor shall comply with the requirements of the Civil Rights Act of 1964
and Section 504, Rehabilitation Act of 1973, concerning discrimination on the basis of race,
color, sex, age, religion, political beliefs, national origin, or handicap.
7. Notice:
Any notice required under this Agreement shall be given in writing by registered or certified
mail; return receipt requested which shall be addressed as follows:
COUNTY: CONTRACTOR:
Eagle County Health & Human Services
Sherri Almond Katie Mazzia MS, RD
P.O. Box 660 839 Sylvan Lake Rd x4386
Eagle, CO 81631 Eagle, CO 81631
970 - 328 -2604 ktmazzia @gmail.com
8. Insurance:
8.1 At all times during the term of this Agreement Contractor shall maintain in
full force and affect the following insurance: see Exhibit B
Insurance Type Coverage Minimums
• Workers' Compensation Statutory
• Employers Liability, including $500,000
Occupational Disease
• Comprehensive General Liability, including $600,000 per occurrence or as specified
Broad Form Property Damage in the Colorado Governmental Immunity
Act, whichever is greater
• Professional Liability Insurance $500,000 per occurrence
8.2 Contractor shall purchase and maintain such insurance as required above and
shall provide certificates of insurance in a form acceptable to County upon execution of this
Agreement.
9. Non - Assignment and Subcontractors:
Contractor shall not assign this Agreement or employ any subcontractor without the
prior written approval of the County Representative, who is designated in Section 7 of this
Agreement. The Contractor shall be responsible for the acts and omissions of its agents,
employees and sub - contractors. The Contractor shall bind each subcontractor to the terms of
this Agreement. The County may terminate this Agreement, if the Contractor assigns or
5
subcontracts this Agreement without the prior written consent from the County, and any such
assignment or subcontracting shall be a material breach of this Agreement.
10. Jurisdiction and Confidentiality:
10.1 This Agreement shall be interpreted in accordance with the laws of the State of
Colorado and the parties hereby agree to submit to the jurisdiction of the courts thereof. Venue
shall be in the Fifth Judicial District for the State of Colorado.
10.2 The Contractor acknowledges that, during the term of this Agreement and in the
course of the Contractor rendering the Contractor's Services, the Contractor may acquire
knowledge of the business operations of the County not generally known and deemed confidential.
Contractor shall not disclose, use, publish or otherwise reveal, either directly or through another, to
any person, firm or corporation, any such confidential knowledge or information and shall retain all
knowledge and information which she has acquired as the result of this Agreement in trust in a
fiduciary capacity for the sole benefit of the County during the term of this Agreement, and for a
period of five (5) years following termination of this Agreement. Any such information must be
marked as confidential. The parties recognize that the County is subject to the Colorado
Open Records Act and nothing herein shall preclude a release of information that is subject
to the same.
11. Miscellaneous:
11.1 This Agreement constitutes the entire Agreement between the parties related
to its subject matter. It supersedes all prior proposals, agreements and understandings, either
verbal or written.
11.2 This Agreement does not and shall not be deemed to confer upon or grant to
any third party any right enforceable at law or equity arising out of any term, covenant, or
condition herein or the breach hereof.
11.3 Invalidity or unenforceability of any provision of this Agreement shall not
affect the other provisions hereof, and this Agreement shall be construed as if such invalid or
unenforceable provision was omitted.
12. Prohibitions on Public Contract for Services:
If Contractor has any employees or subcontractors, Contractor shall comply with
C.R.S. § 8- 17.5 -101, et seq., regarding Illegal Aliens — Public Contracts for Services, and this
Contract. By execution of this Contract, Contractor certifies that it does not knowingly
employ or contract with an illegal alien who will perform under this Contract and that
Contractor will participate in the E -verify Program or other Department of Labor and
Employment program ( "Department Program ") in order to confirm the eligibility of all
employees who are newly hired for employment to perform work under this Contract.
(a) Contractor shall not:
(i) Knowingly employ or contract with an illegal alien to perform
work under this contract for services; or
6
(ii) Enter into a contract with a subcontractor that fails to certify to
the Contractor that the subcontractor shall not knowingly
employ or contract with an illegal alien to perform work under
the public contract for services.
(b) Contractor has confirmed the employment eligibility of all employees
who are newly hired for employment to perform work under this
Contract through participation in the E -verify Program or Department
Program, as administered by the United States Department of
Homeland Security. Information on applying for the E -verify program
can be found at:
http: / /www.dhs.gov /xprevprot/programs /gc 1185221678150. shtm
(c) The Contractor shall not use either the E -verify program or other
Department Program procedures to undertake pre - employment
screening of job applicants while the public contract for services is
being performed.
(d) If the Contractor obtains actual knowledge that a subcontractor
performing work under the public contract for services knowingly
employs or contracts with an illegal alien, the Contractor shall be
required to:
(i) Notify the subcontractor and the County within three (3) days
that the Contractor has actual knowledge that the subcontractor
is employing or contracting with an illegal alien; and
(ii) Terminate the subcontract with the subcontractor if within
three (3) days of receiving the notice required pursuant to
subparagraph (i) of paragraph (d) the subcontractor does not
stop employing or contracting with the illegal alien; except that
the Contractor shall not terminate the contract with the
subcontractor if during such three days the subcontractor
provides information to establish that the subcontractor has not
knowingly employed or contracted with an illegal alien.
(e) The Contractor shall comply with any reasonable request by the
Department of Labor and Employment made in the course of an
investigation that the department is undertaking pursuant to its
authority established in C.R.S. § 8- 17.5- 102(5).
(f) If a Contractor violates these prohibitions, the County may terminate
the contract for a breach of the contract. If the contract is so
terminated specifically for a breach of this provision of this Contract,
the Contractor shall be liable for actual and consequential damages to
the County as required by law.
(g) The County will notify the office of the Colorado Secretary of State if
Contractor violates this provision of this Contract and the County
terminates the Contract for such breach.
7
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year
first above written.
COUNTY OF EAGLE, STATE OF COLORADO
By and through its County Manager
By:
"eith P. Montag, County Ma . ger
CONTRACTOR:
By: eilk0
VUI-2
1
Katie Mazzia
MS, RD, CDE.
STATE OF Co L (4O )
SS.
COUNTY OF -� 16 )
The foregoing was acknowledged before me by Ki U ZI, this day
t )D
of Q v , 2011.
My commission expires: \, 1`'R" / (��. .
, titt... • .R: 'lI---
.
Pub
JENNIFER B. HARNICK
NOTARY PUBLIC
STATE OF COLORADO
My Commission &PIM 01114/2012
8
EXHIBIT A
Agreement between Eagle County, Colorado and
Katie Mazzia, MS, RD, CDE
SCOPE OF SERVICES, PAYMENT & FEE SCHEDULE
Description of Services: The Contractor will provide monitoring and consultative services for
Early Head Start. Contractor will provide the following services:
• Provide documentation and maintain qualifications as a Registered Dietician.
• Maintain up to date liability insurance.
• Maintain confidentiality of any information regarding enrolled children and families.
• Review, revise, and recommend a Treatment Plan for Overweight for non -WIC enrolled
Early Head Start enrolled children with a Body Mass Index (BMI) between 85 % -95% based
on the Centers for Disease (CDC) Control BMI calculator and/ or the CDC Weight for
Length Growth Charts
• Monitor the implementation of the Treatment Plan for Overweight for non -WIC enrolled
Early Head Start enrolled children with a BMI/ growth indicators between 85 % -95% through
meeting(s) with Home visitors and the Health Coordinator
• Provide Nutritional Counseling to families of non -WIC enrolled Early Head Start enrolled
children with BMIs /Growth indicators higher than 95% or lower than 5% within 90 days of
at -risk identification.
• Participate in the Self- Assessment of the Nutrition Program.
• Develop, plan, review menus for site -based programs, group socializations, and other family
meetings to assure high nutritional value, safety, affordability, cultural appropriateness and
ease of preparation.
• Review and / or establish policies, procedures and service plan(s) in the area of nutrition,
including nutritional assessment tools for pregnant women
• Consult with home visitors as needed regarding the nutritional health of Early Head Start
enrolled children at -risk due to food allergies and/ or with other special dietary needs.
• Assure nutritional information distributed to parents is based on current and best practice.
• Review WIC program plans and policies to assure consistency, efficiency, and best practice
between programs and dual enrolled clients.
• Provide a brief report for the Health Service Advisory Committee regarding strengths and
challenges of the Early Head Start nutritional program.
• Provide training to Early Head Start staff as the need arises.
• Review nutrition and meal service practices at the Family Learning Center and Basalt
Campus Kids through site visits at least biannually.
The Eagle County Early Head Start Program agrees to:
• Calculate and provide BMI/ Growth indicators for consultation purposes in a timely manner
• Provide translation services for consultations with families as needed
• Provide timely information regarding meetings, deadlines, resources, and materials
Payment and Fee Schedule: County will compensate Contractor for performance of services
described under description of services at a rate of $60 per hour for up to 25 hours for a maximum of
$1,500 in 2011, and $60 per hour for up to 33 hours for a maximum of $2,000 in 2012.
The maximum amount of reimbursement under this contract shall not exceed $3,500.
9
EXHIBIT B
PROOF OF INSURANCE
(Certificate of insurance to be inserted as Exhibit B)
10
Client # 222115
MEMORANDUM OF INSURANCE Date Issued 09/14/2011
Producer This memorandum is issued as a matter of information
only and confers no rights upon the holder. This
Marsh U.S. Consumer memorandum does not amend, extend or alter-
the-e service of Seebury & Smith, Inc. coverages afforded by the Certificate listed below.
P.O. Box 14576
Des Moines, IA 50306 -3576
1- 800 -503 -9230 Company Affording Coverage
Insured Liberty Insurance Underwriters Inc
Katie Mazzia MS, RD, CDE
839 Sylvan Lake Rd x 4386
Eagle CO 81631
This is to certify that the Certificate listed below has been issued to the insured named above for the policy period indicated,
not withstanding any requirement, term or condition of any contract or other document with respect to which this
s
memorandum may be issued or may pertain, the insurance afforded by the y p y e Certificate described herein is subject to all the
terms, exclusions and conditions of such Certificate. The limits shown may have been reduced by paid claims.
Type of Insurance Certificate Number Effective Date Expiration Date Limits
Professional Liability A HY - 396681001 10/01/2011 10/01/2012 /2012 Per Incident/ $1,000,000
DietetnNutr SE Occurrence
Dietitian
Annual Aggregate $5, 000,000
PROOF OF INSURANCE
Memorandum Holder: Should the above describe Certificate be cancelled
before the expiration date thereof, the issuing company
PROOF OF COVERAGE ONLY will endeavor to mail 30 days written notice to the
Memorandum Holder named to the left, but failure to
mail such notice shall impose no obligation or liability
of any kind upon the company, its agents or
representatives.
Authorized Representative
Joan O'Sullivan
CA L i c. #0633005
