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Home My WebLink About20194430.tiff �n+rztc+ zJ 43138' 1861 Memorandum TO: Barbara Kirkmeyer, Chair G_O Board of County Commissioners UNTY FROM: Mark E. Wallace,MD,MPH Executive Director Department of Public Health & Environment DATE: September 13, 2019 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 Depat invent of Public Health and Environment ("WCDPHE"). The Health Depat lucent must implement the 2019 Weld Community Health Survey beginning September 9, 2019, in a timely manner. This includes, among other things: • Digitizing and extracting data from paper surveys; • Creating high quality data files and codebooks; • Recruiting hard-to-reach survey participants; and • Analyzing data This Agreement for Professional Services between Oluwagbenga David Agboola will provide the Health Department with a qualified Community Health Survey Data Assistant to help with this short-term but extremely labor-intensive project. The term of this Agreement will begin upon full execution of this Agreement by the Board and end no later than April 30, 2020, with total hours toward this project not to exceed 300. Total compensation under this Agreement will not exceed $5,400. Furthermore,the costs associated with this Agreement will be partially offset with external funds received from a grant for this purpose. Assistant County Attorney, Karin McDougal, has reviewed this standardized, Board-approved Agreement for Professional Services and determined that the terms are acceptable. Furthermore, this amendment was approved for placement on the Board's consent agenda on September 10, 2019,by Commissioner Freeman. I recommend approval of this Agreement for Professional Services between Oluwagbenga David Agboola. e&S &"--€2 4L) 2019-4430 ngcn-V /0 -07- / 1 t010'llt`t (-ILo©SI WELD COUNTY AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY&Oluwagbenga David Agboola Community Health Survey Data Assistant THIS AGREEMENT is made and entered into this 30' day of August,2019, 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 1 150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and Oluwagbenga David Agboola, an individual, who whose address is 509 18"' 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 Exhibit A which forms an integral part of this Agreement. Exhibit A is 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$5,400.00,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. 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 prior to the performance of any services under this Agreement. Professional Liability(Errors and Omissions Liability) The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. Contract Professional shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services. In the event that the professional liability insurance required by this Contract is written on a claims-made basis, Contract Professional warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two(2)years beginning at the time work under this Contract is completed. Minimum Limits: Per Loss $ 1,000,000 Aggregate $ 2,000,000 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 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. 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[*],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 30th day of August,2019. CONTRACT° By: Date ®81 SO I -1 q Name: iesn'�t_+fl Title: WELD COUNTY: C� ATTEST: dir-4,1) 't.i BOARD OF COUNTY COMMISSIONERS Weld C• nfr Clerk to the Bo. d WELD COUNTY,COL RADO BY: 4�J11�:'!' <'ti. , % / , Deputy ClerIPto the Bo foe • \ arbara Kirkmeye , Chair terz% OCT 0 7 2019 %ii \:,-,4r \ \ea 02o,9- i/V3c DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT { ,,w 1555 North 17th Avenue 1' ib Greeley, CO 80631 PublicHealth rl {jt3N7Y Weld County Contract with Oluwagbenga David Agboola Exhibit A: Scope of Work Lead Agency: 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 Supervisor: Cindy Kronauge, MPH, PhD,Data Specialist 970-400-2221 cronauge rPweldgov.corn Name of Consultant: Oluwagbenga David Agboola Project Period: September 16,2019 through April 30,2020 Scope of Work: The Community Health Survey Data Assistant will assist with implementation of the 2019 Weld County Community Health Survey as follows: Tasks: 1. Digitize completed paper surveys using the Health Department's cloud-based service. This involves creating a e-template for data extraction, scanning, and uploading completed paper surveys to the digitizes service provider and verifying and correcting errors to improve accuracy of the data. 2. Assist data specialists with creating the 2007 to 2019 merged variable data file including updating the master variable codebook for the 2019 data file and merged data file. 3. Serve as a participant recruiter during the months of October and November at community health clinics in Greeley during the supplemental survey fielding. 4. Assist data specialists in preparing and analyzing supplemental survey data file. Project and Payment Timeline: Contractor hours will not exceed 300 over the project period. The contractor's hours will not exceed 7 hours per week from September 16 through December 31,2019 and will not exceed 14 hours per week from January 1, 2020 through April 30, 2020. Contractor will invoice the Health Department monthly by the 10th of the month for work performed the previous month. Total amount will not exceed$5,400.00(Hourly rate of$18/hour). Contract Form New Contract Request Entity Information Entity Name* Entity ID* ❑New Entity? AGBOOLA, OLUWAGBENGA @00041357 Contract Name* Contract ID Parent Contract ID OLUWAGBENGA DAVID AGBOOLA AGREEMENT FOR 3138 PROFESSIONAL SERVICES Contract Lead* Requires Board Approval Contract Status TGEISER YES CTB REVIEW Contract Lead Email Department Project tgeiserco. eld.co..us Contract Description* OLUWAGBENGA DAVID AGBOOLA AGREEMENT FOR PROFESSIONAL SERVICES HECP SURVEY DATA ASSISTANT FY19-20 Contract Description 2 Contract Type* Department Requested BOCC Agenda Due Date AGREEMENT HEALTH Date* 09/19/2019 09/23?2019 Amount* Department Email $5,400.00 CM-Healthweldgov.com Will a work session with BOCC be required?* Renewable* Department Head Email NO NO CM-Health- Does Contract require Purchasing Dept.to be included? DeptHead@welcigovcorn NO Automatic Renewal NO County Attorney GENERAL COUNTY Grant ATTORNEY EMAIL NO County Attorney Email iGA CM- NO COUNTYATTORNEY@WELD WELD GOV.COM If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnRase Contract Dates Effective Date Review Date* Renewal Date 09/23/2019 04/30/2020 Termination.Notice Period Committed Delivery Date Expiration Date 04/3012020 Contact Information Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date CONSENT 10/01/2019 Approval Process Department Head Finance Approver Legal Counsel STAN SADUSKY CONSENT CONSENT DH Approved Date Finance Approved Date Legal Counsel Approved Date 10/01/2019 10/01/2019 10101120/9 final Approval 8®CC Approved Tyler Ref AG 100719 i1DCC Signed Date 80CC Agenda Date 10/07/2019 Originator TGEISER Submit Hello