HomeMy WebLinkAbout20112912.tiff Memorandum
1861 - 2011
TO: Barbara Kirkmeyer, Chair
Board of County Commissioners
W E L D_.,C O U N T 7 FROM: Mark E. Wallace, MD, MPH, Director
Department of Public Health and
Environment
DATE: August 25, 2011
SUBJECT: Agreement for professional services for
Promotora Martha Castillo
Enclosed for Board review and approval is the agreement for professional services between
Martha Castillo, contractor, and the Weld County Department of Public Health and Environment
to provide prevention education for cardiovascular disease and diabetes prevention that is
culturally and linguistically appropriate in community settings in Weld County (Platicas).
The Promotorae are funded through the Colorado Department of Public Health and
Environment's Health Disparities grant awarded to the WCDPHE in July 2011. They will
deliver education in small group settings, assist with finding community resources and services
for participants and implement physical activity programs in the community.
The time period for the agreement is August 1, 2011 -July 30,2012. The Promotora will work
up to 15 hours per month at the rate of$15.00 per hour.
I recommend your approval.
Enclosure
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2011-2912
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made by and between the County of Weld, State of Colorado, whose address is
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915 10`h Street, Greeley, Colorado, 80631 ("County"), and +h C
rn ason 1 ("Contractor")
whose address'Sabi lj-l-h Sr Cp.o cK S4) .ri II, Co. 8O-6O.L./
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 August 1, 2011, through and until June 30,
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$15 per hour. Charges shall be based on 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 46 cents per mile. 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 $2,500.
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,
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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.
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.
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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.
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.
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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:
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COUNTY OF WELD,
STATE OF COLORADO /
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Exhibit A
Ama Tu Vida, Cuida Tu Corazon
Promotora(e) Job Description / Scope of Work
Job Title: Promotora(e) / Community Health Outreach Worker
Accountable To: Lead Health Educator
Time Frame: August 1, 2011 —June 30, 2012
Description: The Promotora(e) will provide prevention information and education that is
culturally and linguistically sensitive around cardiovascular disease and diabetes, within a
community setting (platicas). He or she will provide one-on-one support to individuals
managing their CVD and/or diabetes, and assist with finding community resources and services,
including other components of the Ama Tu Vida program. The Promotora(e) will also assist
with the implementation of physical activity opportunities (i.e., walking group, Zumba classes)
in their communities/neighborhoods; and provide support for the lead health educator.
Responsibilities & Duties:
✓ Facilitate community presentations (platicas) (11 per promotora is expected, to be
completed by June 30, 2012)
✓ Implement physical activity opportunities in your community/neighborhood
✓ Provide one-on-one support/advocacy
✓ Assist in the collection of data for reporting
✓ Recruitment of participants for other components of the Ama Tu Vida program
✓ Support for the lead health educator
Qualifications:
✓ Bilingual or Spanish speaking
✓ Comfortable speaking publicly
✓ Knowledgeable of community organizations and resources
✓ Ability to work a flexible schedule
✓ Experience with, and respect for, diverse cultures
Hours: Flexible, up to 15 hrs./month. May include evenings and weekends. Will also be
required to attend monthly team meetings.
Pay: $15/hr. (you will not be considered an employee of Weld County, so you will not have
any benefits related to being a county employee)
Training: Selected individuals will be required to attend a one-day training that will provide
the tools, skills, and knowledge to conduct effective platicas, make referrals to community
resources, and fulfill reporting requirements for the position. There will also be other training
opportunities throughout the contract period that you will be expected to attend.
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