HomeMy WebLinkAbout20102616.tiff ( s a DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
�` 1555 N. 17th Avenue lit
Greeley, CO 80631
PublicHealth
' Web: http://www.co.weld.co.us/departments/healthenvironment/
cHealAdministration Public Health IL Clinical Environmental Health Communicatlon, Emergency Preparedness
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Val Records SaMces Services Teu:907ning T le:9 0.30 Tale:970.304.6410 Tele'970.304.64420 Tele.970309.6415 Tale.970.304.6470 Fax:970.304.6420
Fax: 97D.3046412 Fax: 970.304.6416 Fax. 970304.6411 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.
COLORADO
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To: Doug Rademacher, Chair cv.45\41 t`
From: Mark Wallace, Executive Director °
Date: September 17, 2010
RE: Contract for Bilingual Education in South County
Enclosed for Board review and approval is the contract for professional services between Weld County
Department of Public Health and Environment and Griselda Still to act as the instructor for lifestyle
intervention classes for the Heart of Weld Project in south Weld County. The time period of the agreement is
October 1, 2010 through December 31, 2010. The total amount of the contract will not exceed $1000.00 for
the instructor's time and supplies for the series of six classes during this time period.
The contractor is an experienced bilingual health educator who will teach healthy eating and cooking classes
to clients in south Weld County who participate in the Heart of Weld cardiovascular screening program at
Salud Health Clinic. The series of classes will be taught in English and Spanish and pre/post test information
will document attendance and change in knowledge. The instructor will makes arrangements for the
classroom, marketing and all supplies needed to teach the classes.
We recommend approval of this contract.
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2010-2616
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AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made by and between the County of Weld, State of Colorado, whose
address is 915 101h Street, Greeley, Colorado, 80631 ("County"), and Griselda Still whose
address is 10581 Audrey St., Firestone, CO 80504, ("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, 2010, through and until
December 31, 2010.
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 $35 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 48 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 $1,000.
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 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.
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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 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.
Contractor's Signature:
ClUV, L Tts.
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Date
COUNTY OF WELD,
STATE OF COLORADO
ATTEST: ILa
l3 Chair, Board of County Commissioners
NOV 0 1 2010 Deputy Clerk *e :oardFat
Date
err✓
WELD COUNTY DEPARTMENT OF
PUBLIC HEALTH AND,ENVAPMENT
(1./Jv-vl<
BY:
Mark E. Wallace, MD, MPH-Director
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Scope of Work: Healthy Heart Class Instructor
Contractor shall act as the instructor for the lifestyle intervention classes, of the Heart of Weld
Project, held in south Weld County (location to be determined prior to each series of classes).
The series includes three classes. Each class will be held once in English and once in Spanish per
week, for a total of 6 classes per series. Each class will be 1%: hrs. in length. It is estimated that
the instructor will also need one hour of prep time each week classes are held. Heart of Weld
Project staff will assist the instructor by making reminder phone calls and gathering materials
needed for classes.
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