HomeMy WebLinkAbout20141415.tiff 1861 Memorandum
1 1: r ! =
✓fti i'i ' TO: Douglas Rademacher, Chair
_, C O U h_?Y Board of County Commissioners
FROM: Mark E. Wallace, MD, MPH,
Executive Director
Department of Public Health & Environment
DATE: May 2, 2014
SUBJECT: Agreement for Professional Services with
Lamar Companies
Enclosed for Board review and approval is a contract between the Weld County Department of
Public Health and Environment and Lamar Companies.
Tobacco use among Weld County youth remains a cause for concern. The Weld youth smoking
rate is 17% and chew tobacco use rate is 11%. Additional education and activities aimed at
preventing future tobacco use among youth is urgently needed.
The Health Department is requesting approval of a Professional Services Agreement (PSA) with
Lamar Companies to produce and display outdoor advertising about tobacco awareness and
prevention. The amount of the PSA is for $9,900 and covers the period of April 25, 2014,
through June 29, 2014.
This contract was approved for placement on the agenda by the Board following the work
session held on April 28, 2014.
I recommend approval of this Agreement for Professional Services with Lamar Companies.
2014-1415
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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 1150 O Street,Greeley,Colorado,80631 ("County"),and Lamar Companies
whose address is 7649 Fast Mulberry Street unit MO.Fort Collins CO 80524, ("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 4/25/2014,through and until¢(221
2Q14•
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,
a. County agrees to pay Contractor for services performed as set forth on
Exhibit A at the rate of$9.90Q. Charges shall be based on the time actually spent
performing the services, but shall exclude travel time.
b. Mileage may/may not(circle one)be charged to and from any required
job site at a rate of Q cents per mile. Contractor shall not be paid any other expenses
unless set forth in this Agreement.
c. Payment to Contractor will be made only upon presentation of a proper
claim by Contractor,itemizing services performed and mileage expense incurred.
d. Payment for services and all related expenses under this Agreement shall
not exceed$21QQ.
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 grim 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. Indenendent 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 a 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. Wurance 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 toperform its obligations under this Agreement Contractor shall provide
B Sn
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-Assinment 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 Essen`, Time is of the essence in each and all of the provisions of this
Agreement.
15. jpterruptions,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. Mimi 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. j!,ntire Agreemept/Modlticatlons, 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. Fun t Contieeencv. 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. 5everability, 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 panics or their officers or employees may possess.
25. No Third Party Beneficiarv, 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:
By: —!`!``t_ 1-Y---
ATTEST:
Title: t/, / J/+I`
Weld County Clerk to the Board BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
By:/_�E� y//.i// By: v Lpfs-`k2Lt1r1( ,'__
Deputy Clerk the :oard JI. �� DouglaiRademacher ,Chair
./`• 1 . 1. /4\
,;°;., �� MAY 07 2014
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DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
O r ! 1555 North 17th Avenue
1 Greeley, CO 80631
1 Public Health
fV
www.weldhealth.org El
Health Administration Public Health& Environmental Health Communication, Emergency Preparedness
Vital Records Clinical Services Services Education&Planning I.Response
Tele:970-304-6410 Tele:970-304-6420 Tele:970-304-6415 Tele:970-304-6470 Tele:970-304-6420
Fax: 970-304-6412 Fax: 970-304-6416 Fox: 970-304-6411 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
Sweet,Cheap, and Deadly Awareness and Prevention Campaign
Exhibit A:Scope of Work
Lead Agency: Weld County Department of Public Health and Environment
Eric Aakko, Health Communication, Education and Planning Director
1555 N. 17th Avenue,Greeley,CO 80631
(970)304-6470 ext. 2380 eaakko@weldgov.com
Contract Consultant: Lamar Companies
2649 East Mulberry Street Unit A20
Fort Collins, CO 80524
Project Period: April 24, 2014—June 29,2014, (Advertisements posting the week of 5/5/14)
Scope of Work:
• Produce all outdoor display advertising
•
• The amount will not exceed$9,900.00
Consultant Duties:
Lamar Companies will provide the following inventory for this campaign:
• 5 Bus Shelters - 11th Ave (near WCDPHE), 11th Ave and 10th St, 10th St &38th, 23rd Ave
near the hotels, and a shelter in front of Aims CC.
• 5 Bus Benches with Extensions-Two around the stampede on A st, Gunter Hall, Michener
Library, and one on 10th St, east of 14th Ave.
• 10 Bonus/Free bus benches- 10 free benches that will be placed wherever we have space
available for additional coverage. No extensions on these locations.
• 4 Billboards- HWY 85 facing southbound traffic heading into Greeley, HWY 85 facing
northbound traffic heading into Greeley, 8th Ave at 12th St, and 10th St west of 63rd Ave.
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