HomeMy WebLinkAbout20140243.tiff Memorandum
_ TO: Douglas Rademacher, Chair
p U N 7 Y Board of County Commissioners
FROM: Mark E. Wallace, MD, MPH,
Executive Director
Department of Public Health & Environment
DATE: January 23, 2014
SUBJECT: Agreement for Professional Services with
Juan Gomez
Enclosed for Board review and approval is a contract between the Weld County Department of
Public Health and Environment and Juan Gomez.
Beginning in mid-February, one of the employees of the Weld County Tobacco Program will be
out on maternity leave. Currently, she is responsible for facilitating cessation programs through
the Weld County Tobacco Program. We would like to contract with tobacco cessation
counselors to assist with the increasing demand for cessation services while she is out on
maternity leave by providing cessation classes and facilitating groups.
Juan is a Spanish-speaking health educator who has worked with the Weld County Tobacco
Program previously and will be facilitating classes for our Spanish speakers.
Funding for this renewal period will not exceed $900 through June 30, 2014.
I recommend approval of this Professional Services Agreement with Juan Gomez.
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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 Juan Gomez ("Contractor") whose
address is 3016 Lakeside Drive, Evans, CO 80620.
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 January 1, 2014, through and until June 30,
2014.
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$22 per hour. Charges shall be based on time actually spent performing the
services, but shall exclude travel time. 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 $900.
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
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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.
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
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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.
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
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Contractor's Signature:
L2 / 8 / / 3
Date
COUNTY OF WELD. �> i lT'
STATE OF COLORADO
tSM
Douglas Rademacher ATTEST:
By112:1?lor.tOttiAno 1,re 9U
Chair, Board of County Commissioners
JAN 2 7 2014 Deputy Clerk to the Board
Date
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
x r
1555 N. 17th Avenue
y1861y " Greeley, CO 80631
Public Health
Web: www.weldhealth.org
Health Administration Public Health&Clinical Environmental Health Communication, Emergency Preparedness
N T Y Vital Records Services Services Education&Planning &Response
G V— ale:9703046410 ale 9703046420 ale 970.304.6415 Tele 9703046470 Tele 970.3046420
Fax 970 304 6412 Fax 970.304.6416 Fax 970.3046411 Fax: 970.3046452 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.
Weld County Contract with Juan Gomez, Cessation Counselor
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
Name of Consultant: Juan Gomez
3016 Lakeside Drive
Evans, CO 80620
970-388-4926
Project Period: January 1, 2014 through June 30,2014
Scope of Work:
The cessation counselor will provide cessation counseling and serve as a resource to Health Alliance
organizations and their clients. Organizations included in the Health Alliance include but are not limited to:
Weld County Department of Public Health and Environment, Monfort Family Clinic, Salud Family Health
Centers, North Colorado Family Medicine and North Range Behavioral Health. The cessation counselors will
assist with the increasing demand for cessation services by providing cessation classes and facilitating groups
while one of the employees of the Weld County Tobacco Program is out on maternity leave.
Cessation Counselor Duties:
Tasks:
1. Provide Tobacco Cessation program to clients of Health Alliance organizations at a rate of$22.00 per
hour, on average one session every six weeks through June 2014. Tobacco Cessation Program will be
offered in a small group setting and will run from six to eight sessions. Small groups range from 5 to 16
participants. Cessation counselor total hours worked shall not exceed 40 hours or $900.
2. Attending initial cessation trainings and ongoing trainings as needed.
3. Leading group smoking cessation sessions.
4. Provide one-on-one support advocacy and further referral as required.
5. Evaluate the effectiveness of the cessation program by conducting pretest and post test with clients
served.
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