HomeMy WebLinkAbout20130792.tiff3-zs-13
Memorandum
TO: William F. Garcia, Chair
Board of County Commissioners
FROM: Mark E. Wallace, MD, MPH, Director
Department of Public Health and
Environment
DATE: March 1, 2013
SUBJECT: WeIdWAITS Agreement for Professional
Services and Ron Waterman
Enclosed for Board review and approval is the agreement for professional services between the
Weld County Department of Public Health and Environment and Ron Waterman. The
agreement period is from March 1, 2013 through December 31, 2013 and shall not exceed
$1500.00.
The Weld WAITS Program requests the opportunity to contract with Ron Waterman to provide
educational presentations with Weld County youth about the benefits of healthy relationships.
Ron will be an exciting addition to the WeIdWAITS program as he captivates his audiences with
feats of strength and then teaches, encourages, and inspires them with his personal story to
make healthy life choices.
I recommend approval of this agreement for professional services with Ron Waterman.
2013-0792
ttiyL- I- 075 /.9
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made by and between the County of Weld, State of Colorado,
whose address is 915 10th Street, Greeley, Colorado, 80631 ('County'), and Ron
Waterman whose address is 103 North 54th Avenue, Greeley, CO 80634, ('Cont►acfor).
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. Encampment 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 March 1, 2013, through and until
December 31, 2013.
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 $100 per each one hour presentation plus educational materials
not to exceed $50 per presentation. 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
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mileage expense incurred. 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
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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-Assianment. 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.
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14. Time of Essence. Time is of the essence in each and all of the provisions of this
Agreement.
15. Intenuptions. 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 Aareement/Modiflcations. 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.
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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:
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Date
COUNTY OF WELD, STATE OF
COLORADO
By:
William F. Garcia,Chair,
Board of County Commissioners
MAR 2 5 2013
Date
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ATTEST:
Clerk to tile Board
ay:
Deputy Clerk to t :oar
720,1
Lead Agency:
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 N. 17h1 Avenue
Greeley, CO 80631
Web: http://www.weldhealth.orq
O
Public Health
Prevent promote Protect
Health Administration Public Health & Clinical Environmental Health Communication, Emergency Preparedness
Vital Records Services Services Education & Planning 6 Response
Tele: 970.304.6410 Tele: 970.304.6420 Tele: 970.304.6415 Tale: 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 lie, learn, work and play.
WeIdWAITS Community Outreach 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
Contract Consultant: Ron Waterman
103 North 54th Avenue, Greeley CO 80634
Project Period: March 1, 2013 through December 31, 2013
Scope of Work:
Ron will provide up to 10 school or community based presentations featuring his feats of strength and person story.
Presentations will highlight the value of developing healthy relationship skills, postponing sexual activity until marriage,
avoiding drugs and alcohol, and pursuing future goals. Payment will be $100 per 1 hour presentation plus the cost of
educational supplies not to exceed $50 per presentation. Total compensation for 2013 will not exceed $1500. Invoices
and feedback forms should be sent in monthly by the 10th of each month.
Consultant Duties:
• Provide a maximum of 10 school or community based presentations.
• Submit an invoice by the 10th of the month for the presentation given.
• Complete and return a feedback form by the 10th of the month reporting the number of students attending
the presentation, location, successes, challenges, and suggestions for future presentations.
Hello