HomeMy WebLinkAbout20123444.tiff �86� Memorandum
TO: Sean P. Conway, Chair
�II Board of County Commissioners
I� C Q1) N T'' FROM: Mark E. Wallace, MD, MPH, Director
Department of Public Health and
Environment
DATE: October 25, 2012
SUBJECT: Agreement for Professional Services
Please review and approve the Attached Agreement for Professional Services between the
County of Weld and Lyn Tausan. With funding received through the Maternal and Child Health
grant from the Colorado State Department of Public Health, the DRIVE SMART Weld County
Community Coalition would like to contract with Ms. Tausan to continue to coordinate DRIVE
SMART Weld County programs within county high schools and other entities, to work with
local media to promote events and DRIVE SMART Weld County initiatives as needed, to assist
on site during programming and to assist with the creation and development of logos, brochures
and other print materials to promote DRIVE SMART Weld County programs, campaigns and
initiatives. A total of$14,725 per year for 1 year was approved by the Maternal and Child
Health Program to support this contract through September 30, 2013.
The DRIVE SMART Weld County Coalition has a non-profit 501C3 status. Forty (40) percent
of Ms. Tausan's agreed upon contract will be fulfilled using MCH funding and the remaining
sixty (60) percent will be funded through.an All State Foundation Grant that was awarded to the
coalition in July 2012.,Grant funding received from The All State foundation is administered
through DRIVE SMART Weld County and separate from MCH funding.
The DRIVE SMART Weld County community coalition posted their open Public
Relations/Marketing Specialist contract position in June 2012 due to the retirement of their
previous contracted Marketing Specialist. The coalition accepted applications through early July
and interviewed for the position later that month. Ms. Tausan was selected for the position based
on her past professional experience as a school administrator, principal and teacher. The All
State Foundation grant has paid Ms. Tausan's contract from August 1, 2012 through September
30th, 2012. The coalition desires to continue to contract with Ms. Tausan as the DRIVE SMART
Weld County Public Relations/Marketing Specialist by using the MCI-I grant funds that have
been approved and designated for this contract from October 1St, 2012 through September 30th,
2013.
Enclosure
2012-3444
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, 80631 ("County"), and Lyn Tausan, Public
Relations/Marketing Specialist whose address is 2161 44th Ave., 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 from October 1, 2012, through and until
September 30, 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.
a. County agrees to pay Contractor for services performed as set forth on
Exhibit A at the rate of$24.54 per hour.
b. Mileage maybe charged to and from any required job site at a rate of.535
cents per mile, as approved by the HCEP Director. Contractor shall not be paid any other
expenses unless set forth in this Agreement.
c. Payment to Contractor will be made only upon presentation of a proper
claim by Contractor, itemizing services performed and mileage expense incurred.
d. Payment for services and all related expenses under this Agreement shall
not exceed $14,725 for 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 fees and completion time shall be negotiated between the parties and this
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Agreement shall be modified accordingly by a supplemental Agreement. Any claims by the
Contractor for adjustment hereunder must be made in writing prior to performance of any work
covered in the anticipated supplemental Agreement. Any change in work made without such
prior supplemental Agreement shall be deemed covered in the compensation and time provisions
of this Agreement.
6. Independent Contractor. Contractor agrees that Contractor is an independent
contractor and that neither Contractor nor Contractor's agents or employees are, or shall be
deemed to be, agents or employees of the County for any purpose. Contractor shall have no
authorization, express or implied, to bind the County to any agreement, liability, or
understanding. The parties agree that Contractor will not become an employee of County, nor is
Contractor entitled to any employee benefits from County as a result of the execution of this
Agreement.
7. Warranty. Contractor warrants that services performed under this Agreement will
be performed in a manner consistent with the professional standards governing such services and
the provisions of this Agreement.
8. Reports County Property. All reports, test results and all other tangible materials
produced in connection with the performance of this Agreement, whether or not such materials
are in completed form, shall at all times be considered the property of the County. Contractor
shall not make use of such material for purposes other than in connection with this Agreement
without prior written approval of County.
9. Acceptance of Product not a 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
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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.
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.
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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.
CONT CTOR:
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ATTEST:\-if\ �1. 44$4444 BOARD OF COUNTY
CLERK TO THE\BOARD COMMISSIONERSOF WELD COUNTY BY:4k.ilit-Deputy Clerk o the Board tw _. °Cj" Sean P. Conway, Chairman T
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w°' �! DEC 0 3 2012
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` X861 y DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 N. 17th Avenue
Greeley, CO 80631
T Y r; PubticHealth
G0_L) Web: http://www.weldhealth.orq
Health Administration Public Health 8 Clinical Environmental Health Communication, Emergency Preparedness
Vital Records Services Services Education S Planning &Response
Tale 970 304 6410 Tele.970 304 6420 Tale 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: 970 309 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.
DRIVE SMART Weld County Public Relations Specialist
Exhibit A: Scope of Work
Lead Agency: Weld County Department of Public Health and Environment
Kelly Campbell, Health Education Specialist
1555 N. 17th Avenue, Greeley, CO 80631
970-304-6470 ext. 2325 kcampbell@co.weld.co.us
Contract Consultant: Lyn Tausan
2161 44th Ave. Greeley, CO 80634
(970) 330-7257
Project Period: October 1, 2012 through September 30, 2113
Scope of Work:
Public Relations/Marketing Contract: $14,725/yr will be used to contract with a Public Relations/Marketing
professional to coordinate DRIVE SMART Weld County programs with schools and other entities, to work
with local media to promote events and DRIVE SMART Weld County initiatives, to create and facilitate
presentations about DRIVE SMART Weld County programs and initiatives to organizations as needed, to assist
on site as needed during programming and initiatives, to assist with the creation and development of logos,
brochures and other print materials and to attend monthly DRIVE SMART Weld County board meetings.
Public Relations/Marketing Specialist Duties:
Strategy 1: Motor vehicle partners in Weld County will report increased levels of coordination, collaboration
to support the implementation of evidence-based programmatic and advocacy strategies related to reducing teen
motor vehicle fatalities
Tasks:
1. Partner with the motor vehicle traffic safety coalition to create an action plan for the coalition that
identifies annual coalition activities and demonstrates the role of different agencies in accomplishing
them.
2. Conduct at least eight stakeholder interviews to gauge local support, determine barriers, and inform
the development of local talking points related to GDL and seatbelt policies.
3. Encourage local law enforcement to do increased enforcement of the GDL law around schools.
4. Partner with members of the local teen motor vehicle safety coalition to recruit parents to attend
parent classes that help them understand the GDL law and how to best teach their children to drive.
5. Conduct a comprehensive, innovative school-based teen driving safety program that includes
educating teens about GDL, the dangers of impaired and distracted driving and the importance of
seatbelt use.
General Duties:
1. Participate in regular correspondence with the DRIVE SMART Weld County Coalition pertaining to
meetings and as requested by coalition members.
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