HomeMy WebLinkAbout20131988.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR PROFESSIONAL SERVICES AND AUTHORIZE CHAIR
TO SIGN - LINDSEY SIDES
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, on July 29, 2013, the Board was 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 Weld County Department of Public
Health and Environment, and Lindsey Sides, commencing July 1, 2013, and ending June 30,
2014, with further terms and conditions being as stated in said agreement, and
WHEREAS, at said meeting the Board continued the matter to July 31, 2013, to allow staff
to be present, 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
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Weld County Department of Public Health and
Environment, and Lindsey Sides be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
/fterettA
2013-1988
HL0040
APPROVE AGREEMENT FOR PROFESSIONAL SERVICES AND AUTHORIZE CHAIR TO
SIGN - LINDSEY SIDES
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 31th day of July, A.D., 2013, nunc pro tunc July 1, 2013.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:A..CS-
Weld County ' Clerk to the Board
BY: C4"1
^o y Attorney
Date of signature:
AN 18 IOU
rrbara Kirkmeyer
2013-1988
HL0040
Memorandum
TO: William F. Garcia, Chair
Board of County Commissioners
FROM: Mark E. Wallace, MD, MPH, Director
Department of Public Health & Environment
DATE: July 16, 2013
SUBJECT: Professional Services Agreement with
Lindsey Sides
Enclosed for Board review and approval is an Agreement for Professional Services between the
Weld County Department of Public Health and Environment and Lindsey Sides. This contract
allows the Weld County Department of Public Health and Environment to continue providing
youth tobacco prevention outreach and education.
Approval of this Agreement will assist the Weld County Public Health Tobacco Program in
sustaining a youth coalition aimed at monitoring, reducing and countering tobacco industry
marketing strategies throughout Weld County.
The term of the Agreement is from July 1, 2013, through June 30, 2014. Funding for this renewal
period will not exceed $17,160.00.
I recommend approval of the Professional Services Agreement.
2013-1988
AGREEMENT FOR PROFESSIONAL SERVICES
TI-IIS 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 _July 1, 2013_through and until
June 30, 2014
3. Services to be Performed. Contractor agrees to perform the Services listed or
referred to in Exhibit A, attached hereto and incorporated herein.
4. Compensation. 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 $_17,160.00_.
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 anindependent
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.
l I. 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.
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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 teluiinate 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.
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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:
(1-4tcd
ate
COUNTY OF WELD, STATE OF
COLORAU
By:
William :"Garcia, Chair,
Board of County Commissioners B • :
Deputy Clerk to 'e Board
ATTEST:
Clerk to the Board
JUL 312013
Date
4
c20/x'- /2d'
Lead Agency:
Contract Consultant:
Project Period:
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 N. 17th Avenue
Greeley, CO 80631
Public Health
Web: http://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 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
July 1, 2013 through June 30, 2014
Scope of Work:
Youth Coalition Leader Contract: An amount, up to $17,160.00, 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 1: By June 30, 2014, 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. Building on the existing FY12/13 youth task force, assist in system integration efforts by partnering
with at least two groups/agencies that serve disparately affected youth to incorporate youth -driven
tobacco prevention activities within each organization.
2. Conduct a minimum of one youth coalition meeting per month (at least 12 meetings before June 30th
2014) 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.
4. 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. In conjunction with the youth task force, conduct at least 11 community/store audits and environmental
scans (before June, 30th, 2014) as part of a "Healthy Corner Store" initiative, documenting tobacco
industry marketing tactics within in their communities and expand work to include at least one rural
Weld County community.
6. Conduct at least one formal presentation to share findings of the retail environment assessments with the
Community Health Improvement Plan (CHIP) project in Weld.
7. Educate and increase awareness and knowledge of store employees, store managers and store owners
about laws and the importance of preventing tobacco product sales to anyone under the age of 18 by
implementing the Oregon Office of Mental Health and Addiction Services Tobacco Merchant Education
checklist. Conduct checklist with at least three tobacco retailers per quarter (at least 12 checklists before
June 30th, 2014).
8. Conduct one presentation per quarter (completed before June 30th, 2014) 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.
9. Assist in the coordination of a youth -focused spit tobacco prevention awareness campaign using earned
and paid media before June 3e, 2014.
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 10th of each month:
- August, 10th, 2013
September 10th, 2013
October 10th, 2013
— November 10th, 2013
- December 10th, 2013
— January 10th, 2014
- February 10th, 2014
- March 10th, 2014
- April 10th, 2014
- May 10th, 2014
- Final Report (recapping total participation [include sign -in sheets] and lessons learned) by June
30th, 2014
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