HomeMy WebLinkAbout20131997.tiffMemorandum
TO:
FROM:
DATE:
SUBJECT:
William F. Garcia, Chair
Board of County Commissioners
Mark E. Wallace, MD, MPH, Director
Department of Public Health & Environment
July 16, 2013
Professional Services Agreement with
Colorado Education And Prevention Alliance
Enclosed for Board review and approval is a Professional Services Agreement between the Weld
County Department of Public Health and Environment and the Colorado Tobacco Education and
Prevention Alliance (CTEPA). This Agreement allows the Weld County Department of Public
Health and Environment to continue working with CTEPA, in partnership with the Tobacco Free
Coalition of Weld County, to work on prevention of disease and premature death related to
tobacco.
Approval of this Agreement will allow CTEPA to provide research and technical assistance to
the Weld County Tobacco Program and general outreach to various stakeholders. CTEPA will
explore evidence -based and promising strategies to prevent youth tobacco use, including
providing technical assistance to Health Department staff, findings will be shared with tobacco
staff and the Tobacco Free Coalition of Weld County. CTEPA, along with the Tobacco Free
Coalition of Weld County, will educate 150-200 community participants about the evidence of
difference strategies in youth tobacco prevention.
The term of the Agreement is from July 10, 2013, through June 30, 2014. Funding for this
renewal period will not exceed $9,900.
I recommend approval of the Professional Services Agreement.
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2013-1997
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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 Bob Doyle, Executive Director of the
Colorado Tobacco Education and Prevention Alliance ("Contractor") whose address is_ 16748 East
Smoky Hill Rd., #243, Centennial, CO 80015
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 from July 10 2013, through and until June 30
2014.
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.
a. County agrees to pay Contractor for services performed as set forth on Exhibit A,
a consulting fee of up to $9,900. The Weld County Department of Public Health and
Environment anticipates paying CTEPA/Bob Doyle at the rate of $55/hour for working
approximately 4 hours a week for 12 months.
b. Payment to Contractor will be made only upon presentation of a proper claim by
Contractor, itemizing services performed. Monthly invoices need to be turned to Weld County
Tobacco Program staff by the 10th of the month. There will be eleven invoices turned in
separately on or before the 10th of the month for the months of August 2013, September 2013,
October 2013, November 2013, December 2013, January 2014, February 2014, March 2014,
April 2014 and May 2014. The final invoice will be due June 30, 2014 and will be submitted with
a final report.
c. Payment for services and all related expenses under this Agreement shall not
exceed $9,900 for the contract period.
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
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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.
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.
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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.
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 ail 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.
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year
written below.
Contractor's Signature:
Date
By:
COUNTY OF WELD,
STATE OF COLORADO
hair, Board of County Commissioners
JUL 2 9 2013
Date
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ATTEST:
Deputy Clerk : the ward
070/3 /5Y%
Lead Agency:
Contract Consultant:
Project Period:
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 N. 17th Avenue
Greeley, CO 80631
Web: http://www.weldhealth.orq
Public Health
Health Administration Public Health & Clinical Environmental Health Communication, Emergency Preparedness
Vital Records Services Services Education & Planning & Response
Tele: 970.3046410 Tele: 970.304.6420 Tele: 970.304.6415 Tele: 970.3046470 Tele: 970.304.6420
Fax: 970.304.6412 Fax: 970304.6416 Fax: 970.304.6411 Fax: 970.3046452 Fax: 970.304.6469
Our vision: Together with the communities we serve, we are working to make Weld County the healthiest place to live, learn, work and play
Weld County Public Health Tobacco Program 2013-14
Education and Outreach Consulting -Colorado Tobacco Education and Prevention Alliance
Exhibit A: Scope of Work
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. 2325 eaakko@weldgov.com
Bob Doyle
Colorado Tobacco Education and Prevention Alliance (CTEPA)
16748 East Smoky Hill Road, #243
Centennial, CO 80015
720-508-4290
July 10, 2013 through June 30, 2014
Scope of Work:
Consulting Contract Summary: An amount, up to $9,900, will be used to contract with Colorado Tobacco
Education and Prevention Alliance (CTEPA) to provide education and technical assistance to the Weld County
Tobacco Program and general outreach to various stakeholders. CTEPA will research and share with the
program and partners the best practices for tobacco prevention occurring in Colorado and nationally; provide
information on best practices and evidence based strategies; and arrange and meet with coalition members and
key community stakeholders; Contractor will also meet with Weld County Tobacco Program staff monthly to
discuss contract objectives and findings, provide monthly reports summarizing the assistance provided to Weld
County Tobacco Program staff and Tobacco Free Coalition of Weld County, submit monthly invoices and
submit a final report detailing lessons learned, recommendations and updates on tobacco issues impacting Weld
County.
Consultant Duties:
Strategy 1: CTEPA will explore evidence -based and promising strategies to prevent youth tobacco use in
Colorado and nationally; CTEPA will share and discuss the findings first with Weld County Tobacco Staff.
After approval from Weld County Tobacco Staff, CTEPA will share the findings with the Tobacco Free
Coalition of Weld County.
Tasks:
1. Research evidence -based and emerging strategies on tobacco use prevention in both Colorado and
nationally.
2. Research tobacco industry tactics to attract and retain smokers, including efforts to counter
prevention efforts
3. Compile information of the findings and share the results with Weld County Tobacco Staff
4. Determine next steps with Weld County Tobacco Staff in sharing the findings and recommendations
with the Tobacco Free Coalition of Weld County
Strategy 2: CTEPA, along with the Tobacco Free Coalition of Weld County will educate at least 150-200
community participants about the evidence of different strategies in youth tobacco prevention. At least three
specific trainings will be conducted by CTEPA to enhance this strategy.
Tasks:
1. •Coordinate the expansion and operation of the community coalition including outreach efforts to
increase participation of outlying communities in Weld County.
2. Engage at least 30 new community stakeholders, or 5 new stakeholders per meeting, in the
community and provide documentation of outreach efforts to the Weld County Tobacco Program.
3. Identify, train and enable key coalition members to further the mission of the coalition in educating
the general public and community leaders on evidence -based and emerging issues of tobacco
prevention and control. Documentation of training will be included with monthly invoices.
4. All training agendas and curriculum will be approved by the Weld County Tobacco Program staff in
advance of scheduled events.
General Duties:
1. Provide technical assistance and support on an on -going basis to the Tobacco Free Coalition of Weld
County to help increase their effectiveness. Provide a monthly report of assistance and support
provided. Monthly invoices need to be turned to Weld County Tobacco Program staff by the 10`h of
the month. There will be -twelve invoices turned in separately on or before the 10th of the month for
the months of August 2013, September 2013, October 2013, November 2013, December 2013,
January 2014, February 2014, March 2014, April 2014 and May 2014 and June 2014.
2. Research evidence -based practices used in preventing youth from using tobacco and helping tobacco
users, specifically those of low socio-economic status, stop using tobacco products. CTEPA will
provide -information with recommendations.
3. Attend Tobacco Free Coalition of Weld County monthly meetings.
4. Meet monthly with Weld County Tobacco Program staff to discuss research findings, meetings and
trainings being planned, key findings and recommendations.
5. Write a final report (by June 30, 2014) that details accomplishments, lessons learned, and
recommendations for future strategies to address tobacco use prevention in Weld County.
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