HomeMy WebLinkAbout20130681.tiffMemorandum
TO: William F. Garcia, Chair
Board of County Commissioners
FROM: Mark E. Wallace, MD, MPH, Director
Department of Public Health and
Environment
DATE: February 5, 2013
SUBJECT: WeIdWAITS, Agreement for Professional
Services with Juan Carreon
Enclosed for Board review and approval is the agreement for professional services between the
Weld County Department of Public Health and Environment and Juan Carreon. The agreement
period is from April 17, 2013 through April 18, 2013 and shall not exceed $3000.
The WeIdWAITS Program requests the opportunity to contract with Juan Carreon in order to
deliver workshops at the 2013 Latino Youth Conference. The workshop topics will include the
following: healthy relationships, avoiding risky behaviors and focusing on future goals.
I recommend approval of this agreement for professional services with Juan Carreon.
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12/22/2009 21:42 25475607092547560709
FAMILY WORSHIP WACO
PAGE 02
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made by and between the County of Weld, State of Colorado, whose address 1150 0 Street,
Greeley, Colorado, 80631 ("County"), and Juan Carreon whose address is 719 Nth 15th St Waco. Ti! s. 76707
("Contractor").
WHEREAS, County desires to retain Contractor as an independent contractor to perform services .a
set forth below; and
WHEREAS, Contractor has the time available to timely perform the services, and is willing to perfci
according to the terms of this Agreement.
NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the p.
follows:
1. Engagement of Contractor. County hereby retains Contractor, and Contractor hereby accepts
County upon the terms and conditions set forth in this Agreement.
2. Term, The term of this Agreement shall be from April 17, 2013 through and until April 18, 201:
extended when new grant is received.
3. Services to be Performed. Contractor agrees to perform the Services listed or referred to In Ex
hereto and incorporated herein.
4. Compensation. County agrees to pay Contractor for services performed as set forth on Exhibit
$3,000.00 total. Charges shall be based on the time actually spent performing the services, but sha
Contractor shall not be paid any other expenses unless set forth in this Agreement. Payment to Co,
only upon presentation of a proper claim by Contractor, itemizing services performed and mileage
Payment for services and all related expenses under this Agreement shall not exceed S3,000.00.
5. Additional Work. In the event the County shall require changes in the scope, character, or corn
be performed, and said changes cause an increase or decrease in the time required or the costs to I
performance, an equitable adjustment in fees and completion time shall be negotiated between tf
Agreement shall be modified accordingly by a supplemental Agreement. Any claims by the Contrac
hereunder must be made in writing prior to performance of any work covered In the anticipated su
Agreement. Any change in work made without such prior supplemental Agreement shall be deem
compensation and time provisions of this Agreement.
6. lndepend_ent Contractor. Contractor agrees that Contractor is an independent contractor and t
Contractor nor Contractor's agents or employees are, or shall be deemed to be, agents or employee
any purpose. Contractor shall have no authorization, express or implied, to hind the County to any
or understanding. The parties agree that Contractor will not become an employee of County, nor I::
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 perform
consistent with the professional standards governing such services and the provisions of this Agreer
8. Reports County Property. All reports, test results and all other tangible materials produced in ci
performance of this Agreement, whether or not such materials are In completed form, shall at all tir
the property of the County. Contractor shall not make use of such material for purposes other than
this Agreement without prior written approval of County.
9. Acceptance of Product not Waiver. Upon completion of the work, Contractor shall submit to Cc
test results, reports, etc., generated during completion of this work. Acceptance by County of repo r
material furnished under this Agreement shall not in any way relieve Contractor of responsibility for
accuracy of the work. Acceptance by the County of, or payment for, any services performed under t
not be construed as a waiver of any of the County's rights under this Agreement or under the law ge
nore particularly
the services
ies hereto agree as
iagement by
nd may be
I 'it A, attached
it the rate of
axclude travel time.
actor will be made
Jense incurred.
axity of the work to
i !Contractor for
arties and this
for adjustment
lemental
:overed in the
t neither
,f the County for
'eement, liability,
mtractor entitled
n a manner
nt.
section with the
s be considered
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12/22/2009 21:42 25475607092547560709 FAMILY WORSHIP WACO
PAGE 03
10. Insurance and indemnification. Contractor shall defend and indemnify County, its officers ar
against loss or liability arising from Contractor's acts, errors or omissions in seeking to perform its
Agreement. Contractor shall provide necessary workers' compensation insurance at Contractor's
11. Termination. Either party may terminate this Agreement at any time by providing the other p
written notice thereof. Furthermore, this Agreement may be terminated at any time without not k
breach of the terms of the Agreement. In the event of an early termination, Contractor shall be pE
up to the time of notice and County shall be entitled the use of all material generated pursuant to
12. Non -Assignment. Contractor may not assign or transfer this Agreement, any interest therein
without the prior written approval of County.
13. Access to Records. County shall have access to Contractor's financial records as they relate to
purposes of audit. Such records shall be complete and available for audit 90 days after final paymr
shall be retained and available for audit purposes for at least flve years after final payment hereon
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 deliver
or otherwise to perform arty obligation under this Agreement, where such failure is due to any eau
reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes
actions.
16. Notices. Any notice required to be given under this Agreement shall be In writing and shall be
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 la
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 oti•,
persons to perform services of the same or similar nature.
19. Certification. Contractor certifies that Contractor Is not an illegal immigrant, and further, Coni
warrants, and agrees that it has verified that contractor does not employ any illegal aliens. If it is r,
Contractor Is an illegal immigrant, employs illegal aliens or subcontracts with illegal aliens, County
Agreement and Contractor may be held liable for damages.
20. Entire Agreement/Modifications. This Agreement contains the entire agreement between th
to the subject matter contained in this Agreement. This instrument supersedes all prior negotiatia
and understanding or agreements with respect to the subject matter contained in this Agreement.
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 a
to expend funds not otherwise appropriated or budgeted for.
22. No Conflict. No employee of Contractor nor any member of Contractor's family shall serve on
committee or hold any such position which either by rule, practice or action nominates, recommen
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 to
Agreement shall be construed and enforced without such provision, to the extent that this Agreem
execution within the original intent of the parties.
24. Governmental Immunity. No portion of this Agreement shall be deemed to constitute a waive
the parties or their officers Of employees may possess.
25. No Third Path Beneficiary. It is expressly understood and agreed that the enforcement of the
of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to
parties and nothing In this Agreement shall give or allow any claim or right of action whatsoever by
included in this Agreement. It is the express intention of the undersigned parties that any entity ot.
undersigned parties receiving services or benefits under this Agreement shall be an incidental bent!
.gents, from and
ligations under this
n cost and expense.
.y with a 10 day
upon a material
I for work performed
s Agreement.
claim thereunder,
is Agreement for
hereunder and
r.
r failure to deliver
beyond its
Governmental
ailed or delivered
c of Colorado and
r contractors or
:tor represents,
:overed that
r terminate this
arties with respect
representation,
ris Agreement may
he part of County
:aunty Board,
, supervises
'forceable, this
t is then capable of
4 any immunities
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e undersigned
y other person not
r than the
iary only.
12/?2/2009 21:42 25475607092547560709
FAMILY WORSHIP WACO PAGE 04
COUNTY OF)IVE , STATE OF COLORAD
IN WITNESS W OF, the parties have executed this Agreement as of the date and year written low.
ontractor's Si, nat e:
By:
ATTEST:
William F. Garcia, Chair
Board of County Commissioners
MAR 1 1 2013
Date
3
02C/3 - GL3 /
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PAGE 01
Lead Agency:
Contract Consultant:
Project Period:
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONIVI I IT
1555 N. 17th Avenue
Greeley, CO 80631
Web: http.//www.weldhealth.orq
Neal ,Adminjstredon Public Health & C6pjcal
N41 Re orde Services
Tele: 9702043410 Tele: 970904.0420
Fax. 970304.6412 Fax: 970.304.8410
Environmental Health
Service.
Tale: 970304.6415
Fax 970.304.0411
Communication,
Educadon&Opt I
Tate: 970.304441
Fax: 970.304.Ge
PuLlwlieaith
Emergency 0 Response
tree
Tele: 970.304.6420
Fax: 0103043489
Our vision: Tngarylgrwah the commuattea wn:4Mle we ate wading lo male NEH Comity me health% w to me, eam, work my, Pey
2013 Latino Youth Conference Speaker
Exhibit A: Scope of Work
Weld County Department of Public Health and Environment
Eric Aakko, Health Communication, Education and Planning Direct:
1555 N. 17th Avenue, Greeley, CO 80631
(970) 304-6470 ext. 2380 eaakko@weldgov.com
Juan Carreon, Educator/Entertainer COW
LSD Productions 7 /� -46
PO Box 213, Waco, Tomb, 76*/us
/ �// �/1/5z '
(254)537-3814 . �
April 17, 2013 through April 18, 2013
Scope of Work:
Juan Carreon will present 4 workshops at the 2013 Latino Youth Conference at the University of Nci em Colorado on
Thursday, April 18, 2013. He will be compensated a total of $3,000.00 which will include the speaks 'ees and expenses
for travel accommodations. Juan will submit an invoice for $3,000.00 by February 28, 2013.
Upon completion of presenting at the Latino Youth Conference, Juan will complete and submit a fin report that
highlights successes, challenges, and lessons learned.
Consultant Duties:
• Make all travel arrangements for himself —including airfare, hotel, meals, etc.
• Facilitate 4 workshops at the 2013 Latino Youth Conference on April 18.
o Topics included in workshops —healthy relationships, avoiding risky behaviors a: future goals
• Complete a final report that describes workshop successes, challenges, and lessons fear, 1.
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