HomeMy WebLinkAbout20171665.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR PROFESSIONAL SERVICES FOR PACT YOUTH
TOBACCO AWARENESS AND PREVENTION MURAL AND AUTHORIZE CHAIR TO
SIGN - SILVA STUDIOS, AKA ARTMANDO STUDIO
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Agreement for Professional Services
for the PACT Youth Tobacco Awareness and Prevention Mural between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf
of the Weld County Department of Public Health and Environment, and Silva Studios, aka
ArtManDo Studios, commencing May 24, 2017, and ending June 30, 2017, with further terms and
conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Agreement for Professional Services for the PACT Youth Tobacco
Awareness and Prevention Mural between the County of Weld, State of Colorado, by and through
the Board of County Commissioners of Weld County, on behalf of the Weld County Department
of Public Health and Environment, and Silva Studios, aka ArtManDo Studios be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
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2017-1665
HL0049
AGREEMENT FOR PROFESSIONAL SERVICES FOR YOUTH TOBACCO
AWARENESS AND PREVENTION MURAL - SILVA STUDIOS, AKA ARTMANDO
STUDIO
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 31st day of May, A.D., 2017, nunc pro tunc, May 24, 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COU TY, COLO O
ATTEST: dray44) W Yk!o; !,, `��� 1 / I' yam•-� (AYE)
K Julie
Weld County Clerk to the Board
-Le-1.-e,— AYE
Steve Moreno, Pro-Tern
Sean P. Conway
Mike -Freeman
Cou "y Attorney
'rbara Kirkmeyer
Date of signature: (fit 1 �3 117
2017-1665
HL0049
/Dik//
Memorandum
TO: Julie A. Cozad, Chair
Board of County Commissioners
FROM: Mark E. Wallace, MD, MPH
Executive Director
Department of Public Health & Environment
DATE: May 26, 2017
SUBJECT: Agreement for Professional Services with
Silva Studios aka Art Man Do Studio
Enclosed for the Board's approval is an Agreement for Professional Services between Silva
Studios, aka ArtManDo Studio, ("ArtManDo") 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").
Tobacco use in Weld County youth continues to be a problem with 17% of high school students
report having smoked cigarettes on one or more days in the past month. PACT (Preventing
Addiction Caused by Tobacco) youth are collaborating with ArtManDo to design and paint a mural
in downtown Greeley to engage all Weld County youth to protect their future from tobacco and
secondhand smoke.
With the approval of the Board the WCDPHE will enter into an Agreement for Professional
Services with ArtManDo to design and paint a mural on the back, east wall of the building located
at 805-807 - 8th Street, in downtown Greeley. The building owner has approved the use of this
building, in writing, and attached, for this purpose. The agreement amount is $5,200 and will
cover the time period May 24, 2017, through June 30, 2017. Through his artwork, ArtManDo has
established a presence in downtown Greeley and credibility with downtown business/building
owners. For this reason, ArtManDo was selected as a sole -source provider due to his extensive
experience in the downtown Greeley area working with business/building owners painting
murals on their buildings.
I recommend approval of this agreement for professional services with Silva Studio, aka
ArtManDo.
2017-1665
HLagq
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made by and between the County of Weld, State of
Colorado, whose address is 1 150 O Street, Greeley, Colorado, 80631 ("County"),
and Silva Studios, aka ArtManDo Studio,whose address is 1220 12Avenue,
Greeley, CO 80631
("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 5/24/2017, through and until
6/30/2017.
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 $5,200. Charges shall be based on the 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 0 cents per mile (not
applicable). 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 $5,200.
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.
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.
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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.
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ATTEST: dZaK/ kc �K1foAK
ty Clerk the 't oard
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.
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 Si
15/5/2017
Date
cam, SM.1/24�
COUNTY OF WELD, STATE OF COLORADO
By:
e Cozad, Chair
Board of County Commissioners
Lead Agency:
WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org
PACT Youth Tobacco Awareness and Prevention Mural
Exhibit A: Scope of Work
Weld County Department of Public Health and Environment
Eric Aakko, Health Communication, Education and Planning Director
1555 North 17th Avenue, Greeley, CO80631
(970) 400-2380 eaakko@weldgov.com
Contract Consultant: Silva Studios, aka ArtManDo Studio
1220 12th Avenue, Greeley, CO 80631
Project Period:
May 24, 2017 —June 30, 2017 (Painting to be completed June 30,2017)
Scope of Work:
• Design and complete a mural in downtown Greeley
• The amount will not exceed $5,200 and will be paid upon satisfactory completion of the mural.
Consultant Duties:
Silvia Studios, aka ArtManDo Studio, will paint a mural on the back east wall of the building located at
805-807 — 8th Street, Greeley, Colorado. ArtManDo Studio will also provide:
• Purchasing of all paint materials and supplies.
• Adjust the mural design for marketing items which promote the mural and thetobacco
awareness and prevention message.
• As needed, meet with stakeholders including but not limited to, Weld County Health
Department personnel, Weld County Board of County Commissioners, PACT Youth Coalition,
Building Owners, Downtown Development Authority, Greeley Arts Commission and Greeley
Historic Preservation Commission.
• Involve PACT Youth Coalition and other Greeley youth in the process of painting the mural.
Health Administration
Vital Records
Fele: 970-304-6410
Fax: 970-304-6412
Public Health a
Clinical Services
Tele: 970-304-6420
Fax: 970-304-6416
Environmental Health
Services
Tela: 970-304-6415
Fax: 970-304-6411
Communication,
Education & Planning
Tele: 970-304-6470
Fax: 970-304-6452
Emergency Preparedness
& Response
Tele: 970-304-6470
Fax: 970-304-6452
D
THOMAS & TYLER, LLC
710 11T11 AVENUE St:rrE L-10 GREELEY, COLORADO 80631 PFtoNE: (970) 351-8888
May 4. 2017
Weld County Commissioners
1150 O Street
P.O. Box 758
Greeley, CO 80631
Re: Mural Project at 805-807 8" Street
To the Board of County Commissioners:
The building located at 805-807 8" Street in Greeley is held in entity known as North Plaza LLC. As one
of the building owners I have authority to represent North Plaza LLC and this letter offers our support and
permission for the Weld County Health Department in collaboration with PACT Youth Tobacco
Coalition and Artmando Studio to paint a mural on the back east wall of the building located at 805-807
8`h Street in Greeley. North Plaza LLC as building owner understands that compensation will not be
awarded for the use of this space for the mural.
North Plaza LLC recognizes that considerable funds will be spent on this project. We value the role of
mural art in revitalizing Downtown Greeley and support the youth message "Protect Your Future". The
mural design and message has been shared and approved by North Plaza LLC and we are aware of the
importance of longevity for a successful project outcome. We have no plans to sell the building or
remove the mural in the foreseeable future and we look forward to the mural image remaining for many
years to come.
Sincerely,
T. Drew Notestine, Owner
North Plaza LLC
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