HomeMy WebLinkAbout20202889.tiff4P ' -t t 13
Memorandum
TO: Mike Freeman, Chair
Board of County Commissioners
FROM: Mark Lawley
Deputy Director
Department of Public Health & Environment
DATE: September 15, 2020
SUBJECT: Agreement for Professional Services with
Oluwagbenga David Agboola
For the Board's approval is an Agreement for Professional Services between Oluwagbenga
David Agboola ("Contractor") and the Board of County Commissioners for the County of Weld,
State of Colorado, on behalf of the Weld County Department of Public Health and Environment
("WCDPHE").
This Agreement with Mr. Agboola will provide the Health Department with an experienced data
assistant to continue to help with our comprehensive county -wide community health assessment
survey that has been extended to directly address the impact of COVID-19 in our community,
while providing the normal content of our tri-annual community health assessment. These survey
data are used by health, human services, planning, and other community partners and is crucial
for Weld County health and human service providers and funders. Due to the COVIDI9
response, we are several months behind in processing the survey data that should ideally be
completed by the end of October, and this additional assistance is critical to allow us to catch-up
and meet that deadline.
The term of this Agreement will begin upon full execution of this Agreement by the Board and
end no later than December 31, 2020, with total hours toward this project not to exceed 300.
Total compensation under this Agreement will not exceed $4,500. Mr. Agboola has worked the
past 11 months in the Department and has direct experience assisting with our data analytic
needs and his additional assistance will provide efficient continuity in completing this project.
Funding for the Agreement may come from State or Federal Funds that may become available as
part of the COVID-19 pandemic response.
The Health Department must complete data analysis in a timely manner. This includes:
• Assist in processing, analyzing and preparing reports for the 2020 Community Health
Survey COVID-19 Impacts supplemental survey data file.
• Assisting with COVID-19 data analytics tasks, as requested.
• Assist in preparing final Weld Community Health Survey data analysis file and reports
including creating final analysis variables for those reports.
Assistant County Attorney, Karin McDougal, and Human Resources Director, Patti Russell, have
reviewed this county -approved, standardized Agreement for Professional Services and determined
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2020-2889
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that the terms are acceptable, and it meets the County's requirements for placement on the consent
agenda.
Furthermore, the Board approved placement of this Agreement on the agenda following a work
session regarding this matter on Monday, September 14, 2020.
I recommend approval of this Agreement for Professional Services with David Agboola.
WELD COUNTY AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN WELD COUNTY & Oluwagbenga David Agboola
Temporary Data Assistant
THIS AGREEMENT is made and entered into this 1st day of September, 2020, by and between the County of
Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose
address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and Oluwagbenga David Agboola,
an individual, who whose address is 509 le Street, Apt 210, Greeley, CO 80631, hereinafter referred to as "Contractor".
WHEREAS, County desires to retain Contract Professional as an independent Contract Professional to perform
services as more particularly set forth below; and
WHEREAS, Contract Professional has the ability, qualifications, and time available to timely perform the services,
and is willing to perform the services according to the terms of this Agreement.
WHEREAS, Contract Professional is authorized to do business in the State of Colorado and has the time, skill,
expertise, and experience necessary to provide the services as set forth below;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto
agree as follows:
1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits A and B
which form an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference.
2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Project and
agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Project
described in Exhibit A.
3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue
through and until Contractor's completion of the responsibilities described in Exhibits A. This contract may be extended
annually upon written agreement of both parties.
4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice.
Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the
Agreement.
5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both
parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and
until Contractor has obtained written authorization and acknowledgement by County for such additional services.
6. Compensation/Contract Amount. Upon Contractor's successful completion of the Project, and County's acceptance
of the same, County agrees to pay an amount no greater than $4,500.00, which is the amount set forth in Exhibit A. County
will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for
the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement.
7. Independent Contractor. Contractor agrees that it is an independent Contractor and that Contractor's officers, agents
or employees will not become employees of County, nor entitled to any employee benefits from County as a result of the
execution of this Agreement. Contractor shall perform its duties hereunder as an independent Contractor. Contractor shall
be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement.
Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through
County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees.
8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular
reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of
this Project without County's prior written consent, which may be withheld in County's sole discretion.
07-002.4 021?9
9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall
become or remain (as applicable), the property of County.
10. Confidentiality. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees
not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking
written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential
and proprietary nature of this confidential information and of the restrictions imposed by this agreement.
11. Warranty, Contractor warrants that the services performed under this Agreement will be performed in a manner
consistent with the standards governing such services and the provisions of this Agreement. Contractor further represents
and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner,
consistent with industry standards, and that all services will conform to applicable specifications.
12. Acceptance of Services Not a Waiver. In no event shall any action by County hereunder constitute or be construed
to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor.
Acceptance by the County of, or payment for, the services completed 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.
13. Insurance and Indemnification. Contractor shall procure at least the minimum amount of automobile liability
insurance required by the State of Colorado for the use of any personal vehicle. Proof of said automobile liability insurance
shall be provided to County upon request.
14. Indemnity. The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees,
from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done
in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers'
compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or
court decree.
15. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder,
without the prior written approval of County.
16. 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.
17. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations
in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment
practices.
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. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein,
contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This
instrument supersedes all prior negotiations, representations, and understandings 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.
20. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds
for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does
not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year.
21. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to
this Agreement state that to their knowledge, no employee of Weld County has any personal or beneficial interest
whatsoever in the service or property which is the subject matter of this Agreement.
22. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a
court of competent jurisdiction, 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.
23. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express
or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental
Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended.
24. 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 undersigne 4 attics
and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other persona not lusted
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.
25. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been
approved by the Board of County Commissioners of Weld County, Colorado or its designee.
26. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in
the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by
reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute
between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said
dispute.
27. Public Employment Retirement Program. Contractor is responsible for notifying Weld County of any previous
participation in the Colorado Public Employee Retirement Program. Contractor must notify Weld county of the most recent
employment for a PERA contributing employer.
28. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not
knowingly employ or contract with an illegal alien who will perform work under this contract. Contractor will confirm the
employment eligibility of all employees who are newly hired for employment in the United States to perform work under
this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to
C.R.S. §8-17.5-102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under
this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall
not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -
Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while
this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under the
public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor
and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting
with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the
illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the
subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an
illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken
pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in
the State of Colorado program, Contractor shall, within twenty days after hiring an new employee to perform work under
the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the
documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County,
a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the
other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision
or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall
be liable for actual and consequential damages.
Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or
state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older
is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits
provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury
that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b)
shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the
forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract.
29. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees
to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A and B, is the complete
and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written,
and any other communications between the parties relating to the subject matter of this Agreement.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement this 31' day of August, 2020.
By: Date D F 9 -0, -
Name: f3 ( LLtty 1(i '">L:i3(..,,4i D
Title:
WELD COUNTY: ((��
ATTEST. W,,,„444,1
Weld ty 1erthe Bo
BY
Deputy Cl;}j to th- oar
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Mike Freeman, Chair
SEP 2 12020
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Lead Agency:
Supervisor:
Name of Consultant:
Project Period:
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 North 17th Avenue
Greeley, CO 80631
Public Health
Weld County Contract with Oluwagbenga David Agboola
Exhibit A: Scope of Work
Weld County Department of Public Health and Environment
Eric Aakko, Director, Health Communication, Education and Planning
1555 N. 17th Avenue, Greeley, CO 80631
970-400-2380 eaakko@weldgov.com
Cindy Kronauge, MPH, PhD, Data Specialist
970-400-2221 ekr•ctnuiuuge wcldiov.com
Oluwagbenga David Agboola
September 1, 2020 through December 31, 2020
Scope of Work: The Temporary Data Assistant will assist with timely data related tasks including COV1D-19
data activities as follows:
Tasks:
1. Assist with COVID-19 data analytics tasks as requested.
2. Assist in preparing final Weld CHS data analysis file and reports including creating final analysis
variables for those reports.
3. Assist in processing, analyzing and preparing reports for the 2020 Community Health Survey COVID-
19 Impacts supplemental survey data file.
Project and Payment Timeline:
Contractor hours will not exceed 300 hours over the project period. The contractor's hours will not exceed 15
hours per week. Contractor will invoice the Health Department monthly by the 10th of the month for work
performed the previous month. Total amount will not exceed $4,500.00 (Hourly rate of $20/hour).
Exhibit B
Special Provisions for FEMA Reimbursement:
1. Suspension and Debarment
a. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such,
the contractor is required to verify that none of the contractor's principals (defined at 2 C.F.R. §
180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940)
or disqualified (defined at 2 C.F.R. § 180.935). -
b. The contractor must comply with 2 C.F.R. pt. 180, subpart C and2 C.F.R. pt. 3000, subpart C, and
must include a requirement to comply with these regulations in any lower tier covered transaction
it enters into.
c. This certification is a material representation of fact relied upon by Weld County. If it is later
determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,
subpart C, in addition to remedies available to the County, the Federal Government may pursue
available remedies, including but not limited to suspension and/or debarment.
d. The bidder or proposer agrees to comply with the requirements of2 C.F.R. pt. 180, subpart C and 2
C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that
may arise from this offer. The bidder or proposer further agrees to include a provision requiring
such compliance in its lower tier covered transactions.
2. Equal Opportunity Employer.
The contractor will not discriminate against any employee or applicant for employment because of race,
color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take
affirmative action to ensure that applicants are employed, and that employees are treated during
employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or
national origin.
3. Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended)
Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each
tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any
person or organization for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in
connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352.
Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with
obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in
turn will forward the certification(s) to the awarding agency.
4. Procurement of Recovered Materials.
a. In the performance of this contract, the Contractor shall make maximum use of products containing
recovered materials that are EPA -designated items unless the product cannot be acquired.
b. Information about this requirement, along with the list of EPA- designated items, is available at
EPA's Comprehensive Procurement Guidelines web site,
https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program.
c. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the
Solid Waste Disposal Act."
Contract Form
Entity Information
New Contract Request
Entity Name*
AGBOOLA, OLUWAGBENGA
Entity ID*
00041 357
Contract Name*
OLUWAGBENGA DAVID AGBOOLA AGREEMENT FOR
PROFESSIONAL SERVICES V3
Contract Status
CTB REVIEW
❑ New Entity?
Contract ID
4113
Contract Lead*
TGEISER
Contract Lead Email
tgetsergco.weld.co.us
Contract Description*
OLUWAGBENGA DAVID AGBOOLA AGREEMENT FOR PROFESSIONAL SERVICE #3
DATA ASSISTANT FOR 2019-2020 COMMUNITY HEALTH ASSESSMENT SURVEY
Contract Description 2
Contract Type*
AGREEMENT
Amount*
$4,500.00
Renewable*
NO
Automatic Renewal
NO
Grant
NO
IGA
NO
Department
HEALTH
Department Email
CM-HealthIdgov.com
Department Head Email
CM-Health-
DeptHeadgweldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COU NTYATTO RN EYPWELDG
OV.COM
If this is a renewal enter previous Contract ID
3524
If this is part of a MSA enter MSA Contract ID
Requested BOCC Agenda
Date*
09321 2020
Parent Contract ID
Requires Board Approval
YES
Department Project #
Due Date
09 1 7,'2020
Will a work session with BOCC be required?*
HAD
Does Contract require Purchasing Dept. to be included?
NO
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in
Onaase
Contract Dates
Effective Date
09,'01 12020
Review Date*
12,01.2020
Renewal Date
Termination Notice Period
Committed Delivery Date
Expiration Date
12/3112020
Contact Information
Contact Info
Contact Name
Purchasing
Purchasing Approver
CONSENT
Approval Process
Department Head
ESTHER GESICK
DH Approved Date
09/22/2020
Final Approval
BOCC Approved
YES
BOCC Signed Date
09/21/2020
BOCC Agenda Date
09'21;2020
Originator
TGEISER
Contact Type Contact Email
Finance Approver
CONSENT
Contact Phone 1
Purchasing Approved Date
09, 22; 2020
Finance Approved Date
09;2212020
Tyler Ref #
2020-2889
Legal Counsel
CONSENT
Contact Phone 2
Legal Counsel Approved Date
09'22,2020
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