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Home My WebLink About20130480.tiffRESOLUTION RE: APPROVE AGREEMENT FOR PROFESSIONAL SERVICES AND AUTHORIZE CHAIR TO SIGN - OFELIA GOMEZ 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 an Agreement for Professional Services 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 Ofelia Gomez, commencing January 1, 2013, and ending June 30, 2013, 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 Agreement for Professional Services 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 Ofelia Gomez 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 20th day of February, A.D., 2013, nunc pro tunc January 1, 2013. BOARD OF COUNTY COMMISSIONERS WELD COUNT`(, COLORADO ATTEST: Weld County Clerk to the Boa d BY: Deputy Clerk William F. Garcia, Chair Radem-r er, Pro-Tem XCUSED can P. Conway APPROVED AS o ' M: �D i r R( EXCUSED County Attorney FEB 2 6 2013 Date of signature: I tmuc1 1Qliru a'Ia-I Mike Freeman Barbara Kirkmeye CC'. L ?(%dP etc 2013-0480 HL0040 Memorandum TO: William F. Garcia, Chair Board of County Commissioners FROM: Mark E. Wallace, MD, MPH, Director Department of Public Health and Environment DATE: January 8, 2013 SUBJECT: Weld County Health Disparities Program "Ama Tu Vida, Cuida Tu Corazon", Agreement for Professional Services Enclosed for Board review and approval is the agreement for professional services between the Weld County Department of Public Health and Environment and Ms. Ofelia Gomez. The agreement period is from January 1, 2013 through June 30, 2013 and shall not exceed $2000 per person. It is anticipated that this contract may continue in the future, pending grant renewal. The "Ama Tu Vida, Cuida Tu Corazon" Program which translates to "Love Your Life, Take Care of Your Heart" is a Health Disparities Program funded through a grant provided by the Office of Health Disparities in the Colorado Department of Public Health and Environment. The goals of the program are to decrease the cardiovascular disease disparity among Weld County Hispanic/Latino populations (especially Spanish-speaking) who are low-income and have a history or risk for cardiovascular issues such as diabetes, overweight, obesity, high blood pressure, etc. The principal tool used in this aim is through the "Promotora" or Lay -Health Worker model in which community members are trained to provide outreach, education and also to help community members navigate the healthcare system. Ms. Ofelia Gomez is bilingual and has shown dedication and enthusiasm to do this work. She also has experience in community engagement. The attached agreements will provide the Weld County Health Disparities Program with the opportunity to contract with Ms. Ofelia Gomez, to provide Promotora education and outreach. I recommend approval of this agreement for professional services with Ms. Gomez. Lead Agency: DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 N. 17th Avenue Greeley, CO 80631 Public Hpp.ealth Web: http://www.weldhealth.org 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: 970.3046420 Fax 970.304.6412 Fax 970.3046416 Fax 970.3046411 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. Promotora / Community Health Worker 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 Contract Consultant: Ms. Ofelia Gomez 3016 Lakeside Drive Evans, CO 80620 Project Period: January 1, 2013 through June 30, 2013 Scope of Work: As a Promotora, the contractor will provide prevention information and education that is culturally and linguistically sensitive around cardiovascular disease and diabetes, within a community setting (platicas). He or she will provide one- on-one support to individuals managing their CVD and/or diabetes, and assist with finding community resources and services, including other components of the Ama Tu Vida program. As a Promotora, the contractor will also assist with the implementation of physical activity opportunities (i.e., walking group, Zumba classes) in their communities/neighborhoods; and provide support for the lead health educator. Contractor will also provide a diabetes self -management workshops (one per quarter). Consultant Duties: • Facilitate community presentations (platicas) • Implement physical activity opportunities in the community/neighborhood • Provide one-on-one support/advocacy • Self -management workshops • Assist in the collection of data for reporting • Recruitment of participants for other components of the Ama Tu Vida program • Support for the lead health educator Hours: Flexible, up to 15 hrs./month. May include evenings and weekends. Will also be required to attend monthly team meetings. Pay: $17/hr. (you will not be considered an employee of Weld County, so you will not have any benefits related to being a county employee); mileage will also not be paid, but a higher hourly rate is designed to off -set any mileage expenses. Training: Selected individuals will be required to attend a one -day training that will provide the tools, skills, and knowledge to conduct effective platicas, make referrals to community resources, and fulfill reporting requirements for the position. There will also be other training opportunities throughout the contract period that you will be expected to attend. 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 Ofelia Gomez whose address is 3016 Lakeside 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 January 1, 2013 , through and until June 30, 2013 and may be extended when new grant 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 $17 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 and mileage expense incurred. Payment for services and all related expenses under this Agreement shall not exceed $_$2000 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. 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 WITNESS WHEREOF, the parties have executed this Agreement as of the date and year written below. Contractor's Signature: 2 13 5 Date COUNTY OF WELD, STATE OF COLORADO (4111 William F. Gar i., Chair By: Board of County Commissioners FEB 2 02013 Date ,1 • ATTEST: Deputy CIto the Board 3 a?oi3-O4/ ) Hello