HomeMy WebLinkAbout20131999.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 Maria
Hernandez
Enclosed for Board review and approval is an Agreement for Professional Services between the
Weld County Department of Public Health and Environment and Maria Hernandez.
As a Promotora for the WeldWAITS program, Ms. Hernandez will provide prevention
information and education to parents in their home or a community setting (platicas) that is
culturally and linguistically sensitive that will prepare them to talk to their teenagers about
healthy dating relationships, avoiding early sexual activity, and general sexual health.
The agreement period is from May 1, 2013, through December 31, 2013, and shall not exceed
$1,500.00.
I recommend approval of the Professional Services Agreement.
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2013-1999
//L 0090
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made by and between the County of Weld, State of Colorado, whose address is 1150 0 Street,
Greeley, Colorado, 80631 ("County"), and Maria Hernandez whose address is 3612 Tidal Water Drive, Evans, CO 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 from May 1, 2013, through and until December 31, 3013, and may be
extended when new funding is received.
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
$16.00 per hour. Charges shall be based on the time actually spent performing the services, but shall exclude travel
time. 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. Payment for services and
all related expenses under this Agreement shall not exceed $1500.00.
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 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.
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.
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 WITNES WHEREOF, the parti- have a ecuted this Agreement as of the date and year written below.
Contractors Si nature.
Da e
COUNTY OF WELD, S5M ?OF COLORADO
By:
ATTEST:
William F. Garcia, Chair
Board of County Commissioners
JUL 2 9 2013
Date
Deputy Clerk to th loard
3
021)73.- /997
Lead Agency:
Contract Consultant:
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: 970.304.6410 Tele: 970.3046420 Tele: 970.304.6415 Tele: 970.304.6470 Tele: 970.304.6420
Fax: 970.304.6412 Fax: 970.304.6416 Fax: 970.304.6411 Fax: 970.304.6452 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
Promotora(e)/ Community Health Worker
Exhibit A: Scope of Work
Weld County Department of Public Health and Environment
Eric Aakko, Health Communication, Education and Planning Director
1555 N. 17th Avenue, Greeley, CO 80631
(970) 304-6470 ext. 2380 eaakko@weldgov.com
Maria Hernandez
3612 Tidal Water Drive
Evans, CO 80620
Project Period: May 1, 2013 — December 31, 2013
Scope of Work:
• Promatoras will meet with Latino parents in a community settings (i.e. homes, churches, community centers) to
provide prevention information and education that is culturally and linguistically sensitive to prepare them to
talk with their teenage children about healthy dating relationships, avoiding early sexual activity, and general
sexual health. (Event is called a platica).
• Promatoras may work up to 15 hours per month to provide 1-3 platicas each month. This includes time for one
monthly meeting, training, outreach, and facilitating the platicas. Pay is $16.00 per hour and does not include
travel. Maximum payment for this contract year is $1500.00. Invoices should be sent to Heidi Musil by the 10th
of each month.
• A final report detailing successes, challenges, and lessons learned should be included with the December
invoice.
Consultant Duties:
• Attend monthly meetings with WeIdWAITS staff.
• Attend training sessions in May and June.
• Recruit hosts/hostesses for platicas.
• Assist hosts/hostesses with recruitment of participants for platicas and additional educational opportunities.
• Facilitate 1-3 platicas per month beginning in July.
• Submit data tracking form monthly with invoice.
• Submit a final report detailing successes, challenges, and lessons learned.
• Provide support to the WeIdWAITS staff towards goals of the Latino Initiative.
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