HomeMy WebLinkAbout20110885.tiff . 8 6 . 2 1 Memorandum
TO: Barbara Kirkmeyer, Chair
Board of County Commissioners
W E L D,C O U N T } FROM: Mark E. Wallace, MD, MPH, Director
Department of Public Health and
Environment
DATE: March 21,2011
SUBJECT: Agreement for professional services
Enclosed for Board review and approval is the agreement for professional services between Juan
Carreon, L.S. D Productions, and the Weld County Department of Public Health and
Environment for presentations at the Latino/Latina Youth Conference on April 21, 2011 at the
University of Northern Colorado. The speaker fee for four workshops during the conference is
$3000.00 with an additional $900.00 for educational materials for the participants.
The conferences provide approximately 400 Latino/Latina youth with the opportunity to interact
with mentors and community volunteers in small group sessions aimed at easing the transition
into high school. The educational sessions include goal setting and leadership. Juan has been a
popular speaker at this event for several years. He shares his personal story about his experiences
in risky behaviors (such as gangs, crime, fatherlessness, drugs, alcohol, sex) to inspire teens to
choose a different life story.
The conference is sponsored by Cesar Chavez Cultural Center, Lambda Theta Nu Sorority Inc.,
Sigma Lambda Beta Fraternity, Weld County School District Six, Weld County Department of
Public Health and Environment, Hispanic Women of Weld County, Student Representative
Council, Latina Women, Women's Resource Center, Girl Scouts of America and the Latin
American Research and Service Agency (LARASA).
I recommend approval of this agreement.
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2011-0885
AGREEMENT PC; ;PROFESSIONAL. SERVICES
THIS AGREEME I i'is made by andbetween the
County
of
Weld,
lwhos addresse of Col it do Box se address ism 5 10th
Street, Greeley,C : 3rado, 80631 ("County"),
76703,("Contra( it").
WHEREAS, Cot E v desires to retain Contractor as an independent contractor to perform services as more
particularly set fo:- below;and
WHEREAS,COI 3.ctor has the time available to timely perform the services, and is willing to perform the
services accordini; a the terms of this Agreement.
NOW THEREP: i.E,in consideration of the mutual promises and covenants contained herein,the parties
hereto agree as fo. .ws:
1. Enaaeement ; Contractor. County hereby retains Contractor,and Contractor hereby accepts engagemen
by County upon t; terms and conditions set forth in this Agreement.
2. Term. The to :.of this Agreement shall be from Aoril_ __2x 201ll,through and until Ast l l
3. S r'v o b; '.erformed. Contractor agrees to perform the Services listed or referred to in Exhibit A,
attached hereto wi incorporated herein.
4. Compensatir) County agrees to pay Contractor for services performed as set forth on Exhibit A at the n
of MODS 00. Clv. ;es shall be based on the time actually spent performing the services,but shall exclude tray
time. Contractor: all not be paid any other expenses unless set forth in this Agreement. Payment
service toerformec
Contractor will b: nade only upon presentation of a proper claim by Contractor,itemizing
Payment for sery I :s and all related expenses under this Agreement shall not exceed$3900.00.
5. Additional'; !.k In the event the County shall require changes in the scope,character, or complexity o:
the work to be pe t :rmed,and said changes cause an increase or decrease in the time required or the betts to:
ween
Contractor for pc nuance, an equitable adjustment in fees and completion time shall be negotiated� d bet e n
the parties and th. Agreement shall be modified accordingly by a supplemental Agreement.work y y claims
aimvered in t
Qrto
Contractor for ad I stment hereunder must be made in writing r to performance of any
anticipated suppl: rental Agreement. Any change in work made without such prior supplemental Agreetnen
shall be deemed ; vered in the compensation and time provisions of this Agreement. that 6. Independent :ontractor. Contractor agrees that Contractor is an independent or ecttoroany and
o the
Contractor nor C: :r'ector's agents or employees are,or shall be deemed to be, agents
County for any p. pose. Contractor shall have no authorization, express or implied,to bind the Countyto
a
agreement,liabil: or understanding. The parties agree that Contractor will not become an employee
County,nor is C: tractor entitled to any employee benefits from County as a result of the execution of this
Agreement.
•
7. Warren . t :mtractor warrants that services performed under this Agreement will be performed in a
manner consistet, with the professional standards governing such services and the provisions of this
Agreement.
8. Reports Col iv Property. All reports,test results and all other tangible materials produced in connec
with the perform: c,e of this Agreement,whether or not such materials are in completed form, shall at all ti
oche
be considered th ,roperty of the County. Contractor shall not make use of such material for purposes
than in connectih I with this Agreement without prior written approval of County.
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9. Acceptance o f 'roduct not Waiver. Upon completion of the work, Contractor shall submit to County
originals of all tes: exults,reports, etc., generated during completion of this work. Acceptance by County of
reports and incide: 31 material furnished under this Agreement shall not in any way relieve Contractor of
responsibility for : ; quality and accuracy of the work. Acceptance by the County of, or payment for, any
services performe: order this Agreement shall not be construed as a waiver of any of the County's rights under
this Agreement of rider the law generally.
10. Insurance ar; Indemnification. Contractor shall defend and indemnify County, its officers and agents,
from and against)c s or liability arising from Contractor's acts,errors or omissions in seeking to perform its
obligations under t is Agreement. Contractor shall provide necessary workers' compensation insurance at
Contractor's own : Est and expense.
11. Termination, Either party may terminate this Agreement at any time by providing the other party with a
10 day written no'i c:thereof. Furthermore,this Agreement may be terminated at any time without notice upon
a material breach : the terms of the Agreement. In the event of an early termination,Contractor shall be paid
for work perform'. up to the time of notice and County shall be entitled the use of all material generated
pursuant to this A ;ement.
12. Non-Assi2nr I at. Contractor may not assign or transfer this Agreement,any interest therein or claim
thereunder,witho: the prior written approval of County.
13. Access to Re; lds. County shall have access to Contractor's financial records as they relate to this
Agreement for pu• :'ses of audit. Such records shall be complete and available for audit 90 days after final
payment hereund: : :nd shall be retained and available for audit purposes for at least five years after final
payment hereundr
14. Time of East I :e. Time is of the essence in each and all of the provisions of this Agreement.
15. Interruption Neither party to this Agreement shall be liable to the other for delays in delivery or failure
to deliver or other 4 ise to perform any obligation under this Agreement,where such failure is due to any cause
beyond its reason r le control, including but not limited to Acts of God,fires, strikes,war,flood, earthquakes(
Governmental act i ns.
16. Notices. An, 'nice required to be given under this Agreement abaft be in.writing and shall be mailed or
delivered to the o I x party at that party's address as stated above.
17. Compliance. 'his Agreement and the provision of services hereunder shall be subject to the laws of
Colorado and be i t ;4ccordance with the policies,procedures, and practices of County.
18. Non-Exclusi; Agreement. This Agreement is nonexclusive and County may engage or use other
contractors or per; us to perform services of the same or similar nature.
19. Certificatior, Contractor certifies that Contractor is not an illegal immigrant, and further,Contractor
represents, warrai. ; and agrees that it has verified that Contractor does not employ any illegal aliens. If it is
discovered that C: ira.ctor is an illegal immigrant, employs illegal aliens or subcontracts with illegal aliens,
County can termi) to this Agreement and Contractor may be held liable for damages.
20. Entire Aero; tent/Modifications. This Agreement contains the entire agreement between the parties v
respect to the sub :t matter contained in this Agreement. This instrument supersedes all prior negotiation,
representation,ar: understanding or agreements with respect to the subject matter contained in this Agreeme
This Agreement r- y be changed or supplemented only by a written instrument signed by both parties.
i
21. Funding Co,t u env . No portion of this Agreement shall be deemed to create an obligation on the part
of County to exile E I funds not otherwise appropriated or budgeted for.
22. No Conflict. to employee of Contractor nor any member of Contractor's family shall serve on a County
Board, committee r hold any such position which either by rule,practice or action nominates,recommends,
supervises Contrr< or's operations,or authorizes funding to Contractor,
23. Severability f any term or condition of this Agreement shall be held to be invalid,illegal,or
unenforceable,th . Agreement shall be construed and enforced without such provision,to the extent that this
Agreement is they i grpable of execution within the original intent of the parties.
24. Government; Immunity. No portion of this Agreement shall be deemed to constitute a waiver of any
immunities the p1: les or their officers or employees may possess.
25. No Third Ps nv Beneficiary. It is expressly understood and agreed that the enforcement of the terms and
conditions of this greement,and all rights of action relating to such enforcement, shall be strictly reserved to
the undersigned!, lies and nothing in this Agreement shall give or allow any claim or right of action
whatsoever by an; :Cher person not included in this Agreement. It is the express intention of the undersigned
parties that any e; ty other than the undersigned parties receiving services or benefits under this Agreement
shall be an incide t al beneficiary only.
IN WITNESS V.. EREOF,the patties have executed this Agreement as of the date and year written below.
ntractor's gi! ute:
/I
D
COUNTY OF % I :,D, STATE OF ^,,-1
COLORADO / A et1" 149 4f 1441'
ATTEST: 9fi1 '� �a �
rk t
l
Cle the and ` :f .
By: . . /0/fiat/11.4
ep clerk to the Board ,1i! r "I
Chau. Barbara Kirkme er // �
Board of County ommissioners c 6l,ULW / C
Awl /
APR 0 ' 2011
Date
by ?Skid OOGM dIHS21OM AIIWdd 60L095Lb5Z60L095LD5Z L6:L0 800Z/Z0/
Exhibit A
General Descrip: is of Services—
Facilitate worksh s for WeIdWAITS ($3,000.00).
Provide CDs to d : tibute to students as continual education resources($900.00).
Specific Descrip : a of Services—
o Pr: :nt 4 workshops at the Latino Youth Conference at the University of Northern Colorado.
(1 rsday,April 21,2011)
o Pr: :.de CDs of positive Hip Hop music with character-base lessons as a continual education
re :ate for students.
INVOICE
#2011/11
Date Description Amount
3/3/2011
TO:
Heidi Musil
Health Education Specialist
Health Communication, Education and Planning
Weld County Department of Public Health and Environment
Phone: (970) 304-6470 ext. 2379
Fax: (970) 304-6452
hmusiI@co.weId.co.us
Services:
Rendering services of four(4) workshops at the Latino Youth $3,000.00
Conference at the University of Northern Colorado (@ $750.00 ea.)
in Greeley, CO. in April 21, 2011. Services to be executed by Juan
Carreon a.k.a. Don Juan Educator/Entertainer.
Ed Resources:
320 Dat Real Talk CDs; A Positive Hip Hop Music with $900.00
Character—Base Lessons, (shipping included)
Total Balance due upon receipt.
(Please make all checks payable to Juan Carreon $3,900.00
Tax ID: 20-2555007)
L.S.D.Productions P.O.Box 213 Waco,TX 76703 office(254)537-3814 jjcarreonl(a,gmail.com
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