HomeMy WebLinkAbout20121574.tiff 1 8 6 1 2 0 1 1 Memorandum
TO: Sean P.Conway,Chair
Board of County Commissioners
W E L DEC O U NT} FROM: Mark E.Wallace,MD,MPH,Director
L______J Department of Public Health and
Environment
DATE: June 6,2012
SUBJECT: Agreement for professional services for
training Promotorae
Enclosed for Board review and approval is the agreement for professional services between
Paula Flores,contractor,and the Weld County Department of Public Health and Environment to
provide education for the"Love Your Life,Take Care of Your Heart"(Ama Tu Vida,Cuida to
Corazon)Promotorae in the Latin Dance exercise known as Zumba,a culturally appropriate type
of exercise in Latino communities in Weld County.
As a trainer for the Promotorae,she will deliver education on the importance of exercise in
cardiovascular health and in weight loss programs and the origination of Zumba and Latin dance.
During the training,she will teach skills needed to work with special populations such as
overweight adults and children and chair bound or disabled individuals.The training will expand
the number of Zumba instructors in Weld County and increase exercise opportunities for the
Latino community.
The time period for the agreement is June 23,2012. The total amount of reimbursement for
services is$500.00 for the full day training.This agreement is funded through the Colorado
Department of Public Health and Environment Health Disparities grant for 2011-2012.
I recommend your approval.
Enclosure 2012-1574?
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DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
' 1861 " 1555 N. 17th Avenue
? Greeley, CO 80631 PublicHealth
Web: http://weldhealth.orq
Health Administration Public Health 8 Clinical Environmental Health Communication, Emergency Preparedness
Vital Records Services Services Education&Planning 8 Response
NwJ/ I ColJ Tele.9]0.304.6410 Tele:970.304 6420 Tele:970.304.6415 Tele:970.304.6470 Tele.970 6420
U N T Y Fax 9]03046412 Fax 97O3046416 Fax: 970.3046411 Fax: 970.304.6452 Fax 970.3046469
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Our vision Together with the communities we serve,we are working to make Weld County the healthiest place to live,team,work and play.
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made by and between the County of Weld, State of Colorado, whose address
is 1150 0 Street, Greeley, Colorado, 80631 ("County"), and _Paula Flores whose address is
1138 26th Ave Apt C Greeley, CO 80634 , ("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 June 23, 2012
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_$83.33 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 $_500.00
5. Additional Work. In the event the County shall require changes in the scope, character, or
complexity of the work to be performed, and said changes cause an increase or decrease in the time
required or the costs to the Contractor for performance, an equitable adjustment in fees and
completion time shall be negotiated between the parties and this Agreement shall be modified
accordingly by a supplemental Agreement. Any claims by the Contractor for adjustment hereunder
must be made in writing prior to performance of any work covered in the anticipated supplemental
Agreement. Any change in work made without such prior supplemental Agreement shall be deemed
covered in the compensation and time provisions of this Agreement.
6. Independent Contractor. Contractor agrees that Contractor is an independent contractor and
that neither Contractor nor Contractor's agents or employees are, or shall be deemed to be, agents or
employees of the County for any purpose. Contractor shall have no authorization, express or implied,
to bind the County to any agreement, liability, or understanding. The parties agree that Contractor
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will'not become an employee of County, nor is Contractor entitled to any employee benefits from
County as a result of the execution of this Agreement.
7. Warranty. Contractor warrants that services performed under this Agreement will be performed
in a manner consistent with the professional standards governing such services and the provisions of
this Agreement.
8. Reports County Property. All reports, test results and all other tangible materials produced in
connection with the performance of this Agreement, whether or not such materials are in completed
form, shall at all times be considered the property of the County. Contractor shall not make use of
such material for purposes other than in connection with this Agreement without prior written approval
of County.
9. Acceptance of Product not Waiver. Upon completion of the work, Contractor shall submit to
County originals of all test results, reports, etc., generated during completion of this work.
Acceptance by County of reports and incidental material furnished under this Agreement shall not in
any way relieve Contractor of responsibility for the quality and accuracy of the work. Acceptance by
the County of, or payment for, any services performed under this Agreement shall not be construed
as a waiver of any of the County's rights under this Agreement or under the law generally.
10. Insurance and Indemnification. Contractor shall defend and indemnify County, its officers and
agents, from and against loss or liability arising from Contractor's acts, errors or omissions in seeking
to perform its obligations under this Agreement. Contractor shall provide necessary workers'
compensation insurance at Contractor's own cost and expense.
11. Termination. Either party may terminate this Agreement at any time by providing the other party
with a 10 day written notice thereof. Furthermore, this Agreement may be terminated at any time
without notice upon a material breach of the terms of the Agreement. In the event of an early
termination, Contractor shall be paid for work performed up to the time of notice and County shall be
entitled the use of all material generated pursuant to this Agreement.
12. Non-Assignment. Contractor may not assign or transfer this Agreement, any interest therein or
claim thereunder, without the prior written approval of County.
13. Access to Records. County shall have access to Contractor's financial records as they relate to
this Agreement for purposes of audit. Such records shall be complete and available for audit 90 days
after final payment hereunder and shall be retained and available for audit purposes for at least five
years after final payment hereunder.
14. Time of Essence. Time is of the essence in each and all of the provisions of this Agreement.
15. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or
failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is
due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes,
war, flood, earthquakes or Governmental actions.
16. Notices. Any notice required to be given under this Agreement shall be in writing and shall be
mailed or delivered to the other party at that party's address as stated above.
17. Compliance. This Agreement and the provision of services hereunder shall be subject to the
laws of Colorado and be in accordance with the policies, procedures, and practices of County.
18. Non-Exclusive Agreement. This Agreement is nonexclusive and County may engage or use
other contractors or persons to perform services of the same or similar nature.
19. Certification. Contractor certifies that Contractor is not an illegal immigrant, and further,
Contractor represents, warrants, and agrees that it has verified that Contractor does not employ any
illegal aliens. If it is discovered that Contractor is an illegal immigrant, employs illegal aliens or
subcontracts with illegal aliens, County can terminate this Agreement and Contractor may be held
liable for damages.
20. Entire Agreement/Modifications. This Agreement contains the entire agreement between the
parties with respect to the subject matter contained in this Agreement. This instrument supersedes
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all. Dior negotiation, representation, and understanding or agreements with respect to the subject
matter contained in this Agreement. This Agreement may be changed or supplemented only by a
written instrument signed by both parties.
21. Funding Contingency. No portion of this Agreement shall be deemed to create an obligation on
the part of County to expend funds not otherwise appropriated or budgeted for.
22. No Conflict. No employee of Contractor nor any member of Contractor's family shall serve on a
County Board, committee or hold any such position which either by rule, practice or action nominates,
recommends, supervises Contractor's operations, or authorizes funding to Contractor.
23. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable, this Agreement shall be construed and enforced without such provision, to the extent
that this Agreement is then capable of execution within the original intent of the parties.
24. Governmental Immunity. No portion of this Agreement shall be deemed to constitute a waiver
of any immunities the parties or their officers or employees may possess.
25. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the
terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be
strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any
claim or right of action whatsoever by any other person not included in this Agreement. It is the
express intention of the undersigned parties that any entity other than the undersigned parties
receiving services or benefits under this Agreement shall be an incidental beneficiary only.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year written
below.
Contractor's Signature:
C — 6 - iz
Date
COUNTY OF WELD, STATE OF 1.44 1 /).
COLORADO
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ATTEST: 7,
By: vim v a,-4,,
William F. Garcia Chair,Pro-Tem
Board of County Commissioners �yG12�f �� �'.t�, 711 Y "
Deputy Clerk tot oard �a'
JUN 25 2012
Date
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DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1861 1555 North 17th Avenue
Greeley, CO 80631
r\ Public Health
Web:wwwweldhealthot:y
LI �)! r -' Health Administration Public Health aClinical Environmental Health Communication, Emergency Preparedness
1— G O t T?'- Vital Records Services Services Education 0 Planning &Response
�I! Fax. 6410 Tale 970.304.6420 Tele 6415 Tele:970304.6470 Tele:970.304.6420
Fax. 970 304 Faz. 9]0.30d 6416 Fax: 970.3046411 Fax. 970.304.6452 Fax 970.3046469 TeleOur vision Together with the communities we serve we are working to make Weld County the healthiest place to hue,learn,work and play
Weld County Contract with Paula Flores
Exhibit A: Scope of Work
Lead Agency: Weld County Department of Public Health and Environment
Cassie Kauffman, Ama Tu Vida, Cuida Tu CorazOn Program Coordinator
1555 N. 17th Avenue, Greeley, CO 80631
970-304-6470 ext. 2123 cauffman@co.weld.co.us
Name of Consultant: Paula Flores
1138 26th Ave Apt C
Greeley, CO 80634
970-397-5499
Project Period: June 23,2012
Scope of Work:
The purpose of this project is to train the health promoters (Promotores) of the Ama Tu Vida, Cuida Tu CorazOn
in the Latin Dance exercise known as Zumba. Additionally, it will provide an opportunity for community
members to learn from and dance with the newly trained promotores in this field of exercise.
Paula Flores Duties:
Tasks:
1. Discuss importance of exercise in cardiovascular health and in weight loss programs. Then discuss
origins of Zumba and Latin dance and what some of the basic moves are.
2. Teach basic movements to the Weld County Ama Tu Vida promotores and how to count music,
anticipate the next move, and engage the community and outreach to find exercise participants in a fun
and safe way.
3. Teach how to work with special populations such as overweight adults and children as well as chair-
bound or disabled individuals.
4. Provide each promotor with teaching materials including a CD with music and a DVD with the dance
steps.
5. Open the training to up to two groups of 25 adult community members to also learn from the newly
trained exercise instructors.
6. Supervise as the newly trained fitness instructors teach one to two song choreography to the community
members.
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