The URL can be used to link to this page

Browse Search

Home My WebLink About20141471.tiff X1861 Memorandum TO: Douglas Rademacher, Chair GOB N T Board of County Commissioners FROM: Mark E. Wallace, MD, MPH, Executive Director Department of Public Health & Environment DATE: May 9, 2014 SUBJECT: Agreement for Professional Services with Lindsey Sides Enclosed for Board review and approval is a contract between the Weld County Department of Public Health and Environment and Lindsey Sides. 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 Lindsey Sides to assist the Weld County Public Health Tobacco Program in sustaining a youth coalition aimed at monitoring, reducing and countering tobacco industry marketing strategies throughout Weld County. The amount of the PSA is $9,500 for the period covering July 1, 2014, through June 30, 2015. Patti Russell, Director of Weld County Human Resources, reviewed this Professional Services Agreement on May 5, 2014, and it meets with her approval. I recommend approval of this Agreement for Professional Services with Lindsey Sides. 2014-1471 �r�J Cartatnf Q da �C ' Yer�L ,yL ©P49 5- I4-2oiy 5=/5/-/`f AGREEMENT FOR PROFESSIONAL SERVICES TIIIS AGREEMENT is made by and between the County of Weld, State of Colorado, whose address is 1150 O Street, Greeley, Colorado, 80631 ("County"), and Lindsey Sides whose address is 301 Uranus Street Fort Collins, CO 80525, ("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: I. 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 7/1/2014, through and until 6/30/2015. 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$22.00 per hour. 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 0.00 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 $9500. 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 1 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. 1'he 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. 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. 2 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 g P �p P 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 g g 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, 3 practice or action nominates,recommends, supervises Contractor's operations, or authorizes funding to Contractor. 23. $everability. 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 By: M � . - 4/ii/iq ATTEST: Title: ?AS-Wild & USS..9 7b5A) �,dtti v .x %o Weld County Clerk to the Board BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Siiiyier /4Deputy Cleoard 40, . "% Dougla2' Rademacher , Chair ., t, ,f�; �� MAY 14 2014 NON ref ; 4 aa/y- iy7/ � 1861 DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT y#fie 1555 N. 17th Avenue Greeley, CO 80631 PubticHeatth GO U N T Y Web: htto://www.weldhealth.orq Health Administration Public Health&Clinical Environmental Health Communication, Emergency Preparedness Vital Records Services Services Education&Planning 6 Response Tele:970 304 6410 Tele':970 304 6420 Tele 970 304 6415 Tele 970 304 6470 Tel:970 304 6420 Fax 970 3046412 Fax 970 304 6416 Fax 970 304 6411 Fax'. 970 304 6452 Fat 970 304 8469 Ow vision Together with the communrtles we serve,we ere working to make Weld County the healthiest pace to I've,teem,work and play Weld County Contract with Lindsey Sides, Youth Coalition Leader 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 970-304-6470 ext. 2325 eaakko@weldgov.com Contract Consultant: Lindsey Sides 301 Uranus Street Fort Collins, CO 80525 Project Period: July 1,2014 through June 30, 2015 Scope of Work: Youth Coalition Leader Contract: An amount, up to $9,500.00, will be used to contract with Lindsey Sides, Youth Coalition Leader. As a Youth Coalition Leader, the contractor will recruit high burden and low SES youth(ages 12-17)to participate in the Weld County Youth Coalition aimed at monitoring,reducing and countering tobacco industry marketing strategies in Weld County. The Youth Coalition Leader will identify and utilize youth-driven activities (educational games, use of technology, or presentations) with the aim of educating themselves and the community. Contractor will assist in preparing youth to work with local community leaders, key youth leaders,merchants and other adult decision makers in the community. The Youth Coalition Leader will assist in the supervision and recruitment of youth for the youth coalition. Contractor will facilitate environmental scans (including conducting community/store audits documenting tobacco industry Y marketing strategies) to determine tobacco issues of greatest importance within Weld County Middle/High Schools as well as the community at large. The contractor will also provide school district specific education and presentations related to prevalence of tobacco use at the local level. Youth Coalition Leader Duties: Strategy 1: By June 30, 2015, increase community support by mobilizing at least eight Weld County youth to activate/sustain a youth coalition aimed at monitoring, reducing and countering tobacco industry marketing practices in targeted areas. Tasks: 1. Building on the existing FY14 youth task force, engage high risk middle and high schools as well as youth serving organizations in an effort to recruit new students to existing youth coalition. 2. Conduct a minimum of one youth coalition meeting per month(at least 12 meetings before June 30th 2015) and track coalition participation via sign-in sheets at each meeting. Keep record of meeting minutes. 3. Identify and utilize youth-driven activities (educational games, use of technology, or presentations) with the aim of educating the community. Keep record of counts and descriptions of youth events/activities and community presentations given. 4. Prepare youth to work with local community leaders, local business owners, and other adult decision makers in the community. All trainings pertaining to youth engagement must be approved by the Weld County Tobacco Program staff before occurring. Keep record of sign-in sheets and training agendas. Conduct pre/post surveys to assess knowledge change before and after training. 5. Assist in conducting one presentation per quarter(completed before June 30`h, 2015)at school board meetings or PTA meetings to mobilize community members on tobacco issues. Document meeting sign- in sheets,counts and descriptions of youth activities at meetings, and a list of presentations given. 6. In collaboration with youth and adult coalition, develop and implement a consistent youth access media campaign message. 7. Assist in planning a"share-out"event for youth and adult coalition members to report on grant year activities. General Duties: 1. Participate in regular correspondence with the Weld County Tobacco Free Coalition pertaining to meetings and as requested by coalition members. 2. Maintain regular correspondence with youth coalition members (via email, telephone, text, and other communication avenues). 3. Participate in monthly Colorado Department of Public Health and Environment A35 contract progress calls as requested by Weld County Tobacco Program staff. 4. Contractor will invoice the Weld County Tobacco Program on or before the 10`h of each month: — August, 10th, 2014 - September 10`h, 2014 — October l0'h, 2014 — November 10`h, 2014 — December 101h, 2014 — January 10`h, 2015 — February 10`11,2015 — March 10`h, 2015 - April 10`h, 2015 — May 101h, 2015 — Final Report (recapping total participation [include sign-in sheets] and lessons learned) by June 301h, 2015 Hello