HomeMy WebLinkAbout20130203.tiffMemorandum
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 Public Health Tobacco
Program, 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 Colorado Tobacco Education
and Prevention Alliance (CTEPA). The agreement period is from January 1, 2013 through June
29, 2013 and shall not exceed $18,700.
The Weld County Public Health Tobacco Program, in partnership with the Tobacco Free
Coalition of Weld County, is working to prevent disease and premature death related to tobacco.
This agreement will assist the Weld County Public Health Tobacco Program "kick start" its
educational priorities after several years of receiving no tobacco educational funding from the
state. CTEPA and Bob Doyle, the Executive Director, have the experience to quickly engage our
partners and mobilize various community groups into action. CTEPA will also develop and
conduct three (3) specialized trainings, one which will be a larger symposium, to further engage
the community. The training topics include, but are not limited to the following: 1) Civic
engagement of youth in health education and tobacco use prevention; 2) Trends and strategies in
protecting the public from second-hand smoke; 3) Emerging tobacco trends and industry tactics
to attract new customers. Other duties range from supporting the Tobacco Free Coalition of
Weld County with technical assistance to researching emerging trends and sharing the
recommendations with Weld County Public Health staff.
Mr. Doyle has worked in tobacco control for seventeen years. He has worked in or with tobacco
control programs in several states and has a track record of success in programming, community
education, media advocacy, and public policy. He has worked in tobacco control for non -profits,
and the public and private sector on local, state, and national issues or initiatives.
I recommend approval of this agreement for professional services with the Colorado Tobacco
Education and Prevention Alliance and Bob Doyle.
Enclosure
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DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 N. 17th Avenue
Greeley, CO 80631
Public Health
Web: httb://wvvw.weldhealtnorg
Health Administration Public Health S Clinical Environmental Health Communication, Emergency Preparedness
Vital Records Services Services Education 8 Planning & Response
Tele. 970 304 6410 Tele 970 304.6420 Tele 970.304 6415 Tele. 970 304.6470 Tele. 970.304 6420
Fax 970.304.6412 Fax 970.3046416 Fax. 970.3046411 Fax' 970 304 6452 Fax. 970.304.6469
Our salon Together with the communities we serve, we are working to make Weld County the healthiest place to live, learn, work and play.
Education and Outreach Consulting -Colorado Tobacco Education and Prevention Alliance
Lead Agency:
Contract Consultant:
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)
14221 East 4th, Building 2, Suite 340
Aurora, CO 80011
720-508-4290
Project Period: January 1, 2013 through June 29, 2013
Scope of Work:
Consulting Contract Summary: An amount, up to S18,700, 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; create
reports on best practices and evidence based strategies; arrange and meet with coalition members and key
community stakeholders; and provide at least three trainings related to tobacco control best practices. One of the
trainings will be a community -oriented symposium. 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 a report 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. Design and conduct 3 specific training events: 1) Civic engagement of youth in health education and
tobacco use prevention; 2) Trends and strategies in protecting the public from second-hand smoke;
3) Emerging tobacco trends and industry tactics to attract new customers.
2. Coordinate the expansion and operation of the community coalition including outreach efforts to
increase participation of outlying communities in Weld County. Increase coalition participation by
20% of baseline. Community stakeholders from outlying communities in Weld County will be
eligible for mileage reimbursement via small incentives (e.g. gift cards not to exceed $20).
3. 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.
4. 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.
5. 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 10th of
the month. There will be five invoices turned in separately on or before the 10`h of the month for the
months of February, March, April and May. Names of gift certificate recipients will be turned in
with monthly invoice. The final invoice will be due June 29, 2013 and will be submitted with a final
report.
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 a report with recommendations. Reports created for the Weld County Tobacco Program will
become property of the Weld County Department of Public Health and Environment.
3. Provide at least three trainings on tobacco control best practices to coalition members and the
general public. Trainings include but are not limited to: 1) Civic engagement of youth in health
education and tobacco use prevention; 2) Trends and strategies in protecting the public from second-
hand smoke; 3) Emerging tobacco trends and industry tactics to attract new customers. One training
will be a community -oriented symposium with an attendance goal of at least 50 diverse community
participants. The more focused trainings will have at least 25 diverse community participants.
4. Attend Tobacco Free Coalition of Weld County monthly meetings.
5. Meet monthly with Weld County Tobacco Program staff to discuss research findings, meetings and
trainings being planned, key findings and recommendations.
6. Write a final report (by June 29, 2013) that details accomplishments, lessons learned, and
recommendations for future strategies to address tobacco use prevention in Weld County.
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made by and betweer the County of Weld. State of Colorado. whose address is
1150 -O.' Street. Greeley. Colorado 806.31 ("County"). and Bob Doyle. Executive Director of the
Colorado Tobacco Education and I'tcventrtin Alliance (-Contractor-) whose address is_1422I last
Building 2. Stine 340. Aurora. (. t). `IHP I I
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 December 15. 2012. through and until June
29 2013
3 Services to be Performed. Contractor agrees to perform the Services listed or referred to in
Exhibit A. attached hereto and incorporated herein
Compensation.
a. (. ount> agrees to pay Contractor for see% ices performed as set forth on Lxhihit A a
consulting tee of up to S I K.70() The Weld C'ount> Department of Public Health and Do. ironment
anticipates paying C'TEPA liob Doyle at the rate ot'S6I.19 hour letr working approximately K
hours a week fur 6 months plus mileage. Mileage ma be charged to and from any required job site
al a rate of .50 cents per (Wile This leaks an approximate budget of S4.450 for programming.
coalition support. marketing and training.
h. 1'a}tnent 14) Contractor t>,ill he made onl> upon presentation of a proper claim by
ontractor. itemtiini set% ices performed Monthly invoices need to he turned to Weld County
Tobacco Program staff by the Ili' of the month 'I here '. ill he five invoices turned in separately on
or hetbre the I0" of the month for the months of January, February. March. April and May. The
final invoice w ill he due June 29. 21113 and «ill he submitted with a final report
c Payment for sem ices and all related expenses under this Agreement shall nut
exceed S I K.'0O 1 r 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 tees and
1
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 bale 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 he
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 he 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 he paid for work performed up to the time of
notice and County shall ne entitled the use of all material generated pursuant to this
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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 Fs 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 Contractors family shall serve
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on a County Board committee or hold any such position which either by rule, practice or
action nominates, recommends. supervises Contractors 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.
COUNTY OF WELD
STATE OF COLOR, ADO
i
y
-z
Chair Board of County Commissioners
JAN 1 6 2013
Date
4
ATTEST
Deputy Clerk to/
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 7, 2012
SUBJECT: Weld County Public Health Tobacco
Program, 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 Lindsey Sides. The agreement
period is from January 7, 2013 through June 29, 2013 and shall not exceed $8,360.00.
This agreement will assist the Weld County Public Health Tobacco Program in launching a
youth coalition aimed at monitoring, reducing and countering tobacco industry marketing
strategies throughout Weld County.
The Youth Coalition Leader's primary responsibilities include:
— Recruit high burden and low SES youth to participate in the Weld County Youth
Coalition.
Identify and utilize youth -driven activities to educate the community on tobacco industry
marketing strategies.
Assist in preparing youth to work with local community leaders.
Facilitate environmental scans to determine tobacco issues of greatest importance within
Weld County.
Provide school district specific education and presentations related to the prevalence of
tobacco use among Weld County youth.
This agreement will provide the Weld County Public Health Tobacco Program the opportunity to
contract with Lindsey Sides, to provide youth coalition leadership. As a former TANF grant
coordinator with the Teen Pregnancy Prevention and Support Program (a partnership between
WCDPHE and Youth & Family Connections), Lindsey has expertise in teen pregnancy
prevention and motivational interviewing. Her experience collaborating with Weld County
partners to bridge the gaps between non-profit, governmental, and medical agencies will be
instrumental in the development and sustainability of the Youth Coalition.
I recommend approval of this agreement for professional services with the Lindsey Sides.
Enclosure
Lead Agency:
Contract Consultant:
Project Period:
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 N. 17th Avenue
Greeley, CO 80631
Web: http://www.weldhealth.org
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. 970304.6415 Tele. 970.3046470 Tele 970 304 6420
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.
Weld County Contract with Lindsey Sides, Youth Coalition Leader
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
Lindsey Sides
301 Uranus Street
Fort Collins, CO 80525
January 7, 2013 through June 29, 2013
Scope of Work:
Youth Coalition Leader Contract: An amount, up to $8,360.00, will be used to contract with Lindsey Sides,
Youth Coalition Leader. As a Youth Coalition Leader, the contractor will recruit high burden and low SES
youth (ages 12-17) to participate in the Weld County Youth Coalition aimed at monitoring, reducing and
countering tobacco industry marketing strategies in Weld County. The Youth Coalition Leader will identify and
utilize youth -driven activities (educational games, use of technology, or presentations) with the aim of
educating themselves and the community. Contractor will assist in preparing youth to work with local
community leaders, key youth leaders, merchants and other adult decision makers in the community. The Youth
Coalition Leader will assist in the supervision and recruitment of youth for the youth coalition. Contractor will
facilitate environmental scans (including conducting community/store audits documenting tobacco industry
marketing strategies) to determine tobacco issues of greatest importance within Weld County Middle/High
Schools as well as the community at large. The contractor will also provide school district specific education
and presentations related to prevalence of tobacco use at the local level.
Youth Coalition Leader Duties:
Strategy I: By June 30, 2013, increase community support by mobilizing at least eight Weld County youth to
activate/sustain a youth coalition aimed at monitoring, reducing and countering tobacco industry marketing
practices in targeted areas.
Tasks:
1. Recruit high burden and low SES youth at minimum of eight youth coalition members by June 29th
2013.
2. Conduct a minimum of one youth coalition meeting per month (at least 5 meetings before June 29th
2013) and track coalition participation via sign -in sheets at each meeting. Keep record of meeting
minutes.
3. Identify and utilize youth -driven activities (educational games, use of technology, or presentations) with
the aim of educating the community. Keep record of counts and descriptions of youth events/activities
and community presentations given. Conduct pre/post surveys to assess knowledge change/awareness
before and after community meetings.
4. Assist in the recruitment and coordination of a youth training (facilitated by the Colorado Tobacco
Education and Prevention Alliance) to prepare youth to work with local community leaders, local
business owners, and other adult decision makers in the community. All trainings pertaining to youth
engagement must be approved by the Weld County Tobacco Program staff before occurring. Keep
record of sign -in sheets and training agendas. Conduct pre/post surveys to assess knowledge change
before and after training.
5. Conduct at least two environmental scans at Weld County Middle and/or High Schools before June 29`h
2013. Retain documentation of environmental scan findings (tobacco use rates and culture of
acceptance), prepare final report with recommendations.
6. Assist Tobacco Program Health Educator in conducting at least one policy review (using RMC Tobacco
Free Schools Law Checklist) at one Weld County school district by June 29`h 2013. Document list of
existing policies, prepare final report with recommendations for improvement.
7. Conduct at least two store audits (completed before June 29th, 2013) at convenience stores located
within 2 miles from schools. Retain checklists with recommendations. Conduct final presentation at
Weld County Tobacco Free Coalition Meeting with results of store audits and recommendations.
8. In conjunction with the youth coalition, facilitate meetings with at least two Weld County store owners
before June 29`h, 2013 to educate them on the importance of preventing tobacco product sales to anyone
under the age of 18. Retain copy of meeting attendance and description of each store owner meeting.
9. Conduct one presentation (completed before June 29th, 2013) at school board meetings or PTA meetings
to mobilize community members on tobacco issues. Document meeting sign -in sheets, counts and
descriptions of youth activities at meetings, and a list of presentations given. Conduct pre/post surveys at
each meeting to assess knowledge change before and after presentations.
General Duties:
1. Participate in regular correspondence with the Weld County Tobacco Free Coalition pertaining to
meetings and as requested by coalition members.
2. Maintain regular correspondence with youth coalition members (via email, telephone, text, and other
communication avenues).
3. Participate in monthly Colorado Department of Public Health and Environment A35 contract progress
calls as requested by Weld County Tobacco Program staff.
4. Contractor will invoice the Weld County Tobacco Program on or before the 10`h of each month:
- February 10`h, 2013
- March 10`h, 2013
April 10`h, 2013
- May 10`h, 2013
Final Report (recapping total participation [include sign -in sheets] and lessons learned) by June
29th, 2013
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 Lindsey Sides whose address is _301 Uranus Street Fort Collins, CO
80525_, ("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 January 7, 2013_through and
until June 29, 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 $22.00 per hour. Charges shall be based on
the time actually spent performing the services, but shall exclude travel time.
Mileage may be charged to and from any required job site at a rate of 00
cents per mile (not applicable). 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 $_8360.00_.
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
1
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.
2
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.
3
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:
1/6O3
Date
COUNTY OF WELD, STATE OF
COLORADO (""l
1
By:
Chair,
Board of County Commissioners
JAN 1 6 2013
Date
4
ATTEST:
Deputy Clerk to the'Roard
•
))(/3 G 1C�
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 Public Health Tobacco
Program, 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 Olga Maria Valdez. The
agreement period is from January 1, 2013 through June 29, 2013 and shall not exceed $1,400.
The Weld County Public Health Tobacco Program, in partnership with the Tobacco Free
Coalition of Weld County, is working to prevent disease and premature related to tobacco. The
Weld County Public Health Tobacco Program has a multi -step approach to reducing the burdens
of tobacco to the health of Weld County residents. One of the activities to be implemented was
community -based tobacco cessation classes. Cessation counselors will be using a proven
program curriculum to will help tobacco users develop an action plan that will lead them to a
quit day and give them the tools remain tobacco free.
This agreement will provide the Weld County Public Health Tobacco Program the opportunity to
contract with Olga Maria Valdez, to provide cessation counseling. Maria was a physician who
graduated in Mexico and worked one year in the community teaching preventive medicine. She
has also worked as a health promoter for the "Ama Tu Vida, Cuida Tu Corazon" program as well
as a Diabetes Health Educator at the Weld County Department of Public Health and
Environment.
I recommend approval of this agreement for professional services with Olga Maria Valdez.
Enclosure
2013-0203
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made by and between the County of Weld, State of Colorado, whose address is 915
10`h Street, Greeley, Colorado, 8O631 ("County"), and Olga Maria Gomez ("Contractor") whose address is
215 52nd Avenue, Greeley, CO 80634.
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, 2O13, through and until June 29, 2O13.
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 $22 per hour. Charges shall be based on 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 $1,4OO.
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,
1
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
2
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
3
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.
Cont
a
tor's Si nature:
O4-Dy-I�5
Date
COUNTY OF WELD,
STATE OF COLO
7'
By:
Chair, Board of County Commissioners
JAN 1 6 2013
Date
4
ATTEST: e,,ua,,,..�9,�i\ )C•�
Deputy Clerk • he Board
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 North 17th Avenue
Greeley, CO 80631
Public Health
Web: www.weldhealth.orq
Health Administration Public Health & Clinical Environmental Health Communication, Emergency Preparedness
Vital Records Services Services Education & Planning & Response
Tale 970304.6410 Tele. 970.304.6420 Tale 970.304.6415 Tele. 970.304.6470 Tele. 970.304.6420
Fax: 97O3046412 Fax: 970.304.6416 Fax. 970304.6411 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.
Weld County Contract with Olga Maria Valdez, Cessation Counselor
Exhibit A: Scope of Work
Lead Agency:
Name of Consultant:
Project Period:
Weld County Department of Public Health and Environment
Eric Aakko, Director, Health Communication, Education and Planning
1555 N. 171h Avenue, Greeley, CO 80631
970-304-6470 ext. 2325 eaakko@weldgov.com
Olga Maria Valdez
215 52nd Avenue
Greeley CO 80634
970-397-8710
January 1, 2013 through June 29, 2013
Scope of Work:
The cessation counselor will provide cessation counseling and serve as a resource to Health Alliance member.
Organizations included in the Health Alliance include but are not limited to: Weld County Department of
Public Health and Environment, Monfort Family Clinic and North Range Behavioral Health.
Cessation Counselor Duties:
1. Provide Tobacco Cessation program to clients of Health Alliance organizations at a rate of $22.00 per
hour, on average one session every six weeks until June 2013. Tobacco Cessation Program will be
offered in a small group setting and will run from six to eight sessions. Small groups range from 5 to 16
participants. Cessation counselor total hours worked shall not exceed 70 hours or $1400.
2. Attending initial cessation trainings, and ongoing trainings as needed
3. Leading group smoking cessation sessions
4. Provide one-on-one support advocacy and further referral as required.
5. Evaluate the effectiveness of the cessation program by conducting pretest and post test with clients
served
6. Assist in the collection of data for reporting
7. Provide a monthly invoice to Weld County Tobacco Program staff by the 10th of each month along with
the sign -in sheet for all cessations class participants taught. Monthly invoices are due on or before:
February 10, 2013; March 10, 2013; April 10, 2013; May 10, 2013. A final report, recapping total
participation, challenges and lessons learned from conducting small group cessation, along with the last
invoice will be submitted by June 2911
Memorandum
TO:
FROM:
DATE:
SUBJECT:
William F. Garcia, Chair
Board of County Commissioners
Mark E. Wallace, MD, MPH, Director
Department of Public Health and
Environment
January 8, 2013
Weld County Public Health Tobacco
Program, 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 Juan Gomez. The agreement
period is from January 1, 2013 through June 29, 2013 and shall not exceed $1,400.
The Weld County Public Health Tobacco Program, in partnership with the Tobacco Free
Coalition of Weld County, is working to prevent disease and premature related to tobacco. The
Weld County Public Health Tobacco Program has a multi -step approach to reducing the burdens
of tobacco to the health of Weld County residents. One of the activities to be implemented was
community -based tobacco cessation classes. Cessation counselors will be using a proven
program curriculum to will help tobacco users develop an action plan that will lead them to a
quit day and give them the tools remain tobacco free.
This agreement will provide the Weld County Public Health Tobacco Program the opportunity to
contract with Juan Gomez, to provide cessation counseling. Juan has past experience working as
a Promotor with the "Ama Tu Vida, Cuida Tu Corazon" program at the Weld County
Department of Public Health and Environment.
I recommend approval of this agreement for professional services with the Juan Gomez.
Enclosure
ci3 J D.
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 Juan Gomez ("Contractor") whose address is 3016
Lakeside Drive, Evans, CO 80620.
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 29, 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 $22 per hour. Charges shall be based on 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 $1,400.
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,
1
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
2
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
3
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:
�.a„ 4,
Date
COUNTY OF WELD,
STATE OF COLORADO
By: 6: -
Chair, Board of County Commissioners
JAN 1 fl ?013
J
Date
4
ATTEST:
Deputy Clerk3d the Board
C/ C
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 North 17th Avenue
Greeley, CO 80631
Public Health
Web: www.weldhealth.orq
Health Administration Public Health & Clinical Environmental Health Communication, Emergency Preparedness
Vital Records Services Services Education & Planning & Response
Tele 970.304.6410 Tele: 970.304.6420 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.
Weld County Contract with Juan Gomez, Cessation Counselor
Exhibit A: Scope of Work
Lead Agency: 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
Name of Consultant: Juan Gomez
3016 Lakeside Drive
Evans, CO 80620
970-388-4926
Project Period: January 1, 2013 through June 29, 2013
Scope of Work:
The cessation counselor will provide cessation counseling and serve as a resource to Health Alliance members.
Organizations included in the Health Alliance include but are not limited to: Weld County Department of Public
Health and Environment, Monfort Family Clinic and North Range Behavioral Health.
Cessation Counselor Duties:
1. Provide Tobacco Cessation program to clients of Health Alliance organizations at a rate of $22.00 per
hour, on average one session every six weeks until June 2013. Tobacco Cessation Program will be
offered in a small group setting and will run from six to eight sessions. Small groups range from 5 to 16
participants. Cessation counselor total hours worked shall not exceed 70 hours or $1400.
2. Attending initial cessation trainings, and ongoing trainings as needed.
3. Leading group smoking cessation sessions.
4. Provide one-on-one support advocacy and further referral as required.
5. Evaluate the effectiveness of the cessation program by conducting pretest and post test with clients
served.
6. Assist in the collection of data for reporting.
7. Provide a monthly invoice to Weld County Tobacco Program staff by the 10th of each month. Monthly
invoices are due on or before: February 10, 2013; March 10, 2013; April 10, 2013; May 10, 2013. A
final report, recapping total participation, challenges and lessons learned from conducting small group
cessation, along with the last invoice will be submitted by June 29, 2013.
Memorandum
TO:
FROM:
DATE:
SUBJECT:
William F. Garcia, Chair
Board of County Commissioners
Mark E. Wallace, MD, MPH, Director
Department of Public Health and
Environment
January 8, 2013
Weld County Public Health Tobacco
Program, 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 Joseph Sellers. The agreement
period is from January 1, 2013 through June 29, 2013 and shall not exceed $1,400.
The Weld County Public Health Tobacco Program, in partnership with the Tobacco Free
Coalition of Weld County, is working to prevent disease and premature related to tobacco. The
Weld County Public Health Tobacco Program has a multi -step approach to reducing the burdens
of tobacco to the health of Weld County residents. One of the activities to be implemented was
community -based tobacco cessation classes. Cessation counselors will be using a proven
program curriculum to will help tobacco users develop an action plan that will lead them to a
quit day and give them the tools remain tobacco free.
This agreement will provide the Weld County Public Health Tobacco Program the opportunity to
contract with Joseph Sellers, to provide cessation counseling. Joseph has been facilitating classes
since 1986 shortly after he stopped smoking. He has worked closely with the Health Department
for several years.
I recommend approval of this agreement for professional services with Joseph Sellers.
Enclosure
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 Joe Sellers ("Contractor") whose address is P.O. Box
1012, Ault, CO 80610.
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 29, 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 $22 per hour. Charges shall be based on 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 $1,400.
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,
1
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
2
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
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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.
ConL
or's Signatur
ed'/��Ct'-
//3
Date
COUNTY OF WELD,
STATE OF COLORADO
—
By -e
Chair, Board of ounty Commissioners
JAN 1 9 2013
Date
4
ATTEST: t
Deputy Cler . the Board
Lead Agency:
Name of Consultant:
Project Period:
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 North 17th Avenue
Greeley, CO 80631
Public Health
Web: www.weldhealth.orq
Health Administration Public Health & Clinical Environmental Health Communication. Emergency Preparedness
Vital Records Services Services Education S Planning & Response
Tele: 970 304 6410 Tele 970 304.6420 Tele 970.304.6415 Tele. 970.304.6470 Tele- 970.304.6420
Fax 970.304.6412 Fax 970304.6416 Fax 970304.6411 Fax 970.304.6452 Fax 970 304 6469
Our aeon: Together with the communities we serve, we are working to make Weld County the healthiest place to live, learn, work and play.
Weld County Contract with Joseph Sellers, Cessation Counselor
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
Joseph Sellers
P.O. Box 1012
Ault, CO 80610
970-215-7629
January 1, 2013 through June 29, 2013
Scope of Work:
The cessation counselor will provide cessation counseling and serve as a resource to the clients of Health
Alliance member organizations. Organizations included in the Health Alliance include but are not limited to:
Weld County Department of Public Health and Environment, Monfort Family Clinic and North Range
Behavioral Health.
Cessation Counselor Duties:
1. Provide Tobacco Cessation program to clients of Health Alliance organizations at a rate of $22.00 per
hour, on average one session every six weeks until June 2013. Tobacco Cessation Program will be
offered in a small group setting and will run from six to eight sessions. Small groups range from 5 to 16
participants. Cessation counselor total hours worked shall not exceed 70 hours or $1400.
2. Attending initial cessation trainings, and ongoing trainings as needed
3. Leading group smoking cessation sessions
4. Provide one-on-one support advocacy and further referral as required.
5. Evaluate the effectiveness of the cessation program by conducting pretest and post test with clients
served
6. Assist in the collection of data for reporting
7. Provide a monthly invoice to Weld County Tobacco Program staff by the 10th of each month along with
the sign -in sheet for all cessations class participants taught. Monthly invoices are due on or before:
February 10, 2013; March 10, 2012; April 10, 2013; May 10, 2013. A final report, recapping total
participation, challenges and lessons learned from conducting small group cessation, along with the last
invoice will be submitted by June 29th.
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