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Home My WebLink About20140320.tiff i*g6, Memorandum '[►. �• TO: Douglas Rademacher, Chair VO U N �1 Board of County Commissioners FROM: Mark E. Wallace, MD, MPH, Executive Director Department of Public Health & Environment DATE: January 29, 2014 SUBJECT: Agreement for Professional Services with Maria Hernandez Enclosed for Board review and approval is a contract between the Weld County Department of Public Health and Environment and Maria Hernandez. As a Promotora for the WeIdWAITS program, Maria will provide prevention information and education to parents in their home or a community setting (platicas) that is culturally and linguistically sensitive that will prepare them to talk to their teenagers about healthy dating relationships, avoiding early sexual activity, and general sexual health. She will also assist WeIdWAITS staff with classroom education as needed. The agreement period is from January 15, 2014, through December 31, 2014, and shall not exceed $3,000.00. I recommend approval of this Agreement for Professional Services with Maria Hernandez. I t rn� ' Pub/at /kW 2014-0320 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made by and between the County of Weld, State of Colorado, whose address is 1150 0 Street, Greeley, Colorado,80631 ("County"), and Maria Hernandez whose address is P.O. Box 200333, Evans, CO 80620, ("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 January 15, 2014,through and until December 31, 2014, and may be extended when new funding is received. 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 $16.00 per hour. Charges shall be based on the 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. Payment for services and all related expenses under this Agreement shall not exceed $3000.00. 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. 1 • 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 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 waiver of any immunities the parties or their officers or employees may possess. 2 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 cuted this Agreement as of the date and year written below. Contractor' Signature: i . i(5.----) ate COUNTY OF WELD,STATE OF COLORADO ,-cu,, • ATTEST: , / c� _/ BY:,. .)%17(ors -YIP`&Y ✓UGi7ln_ tea. "ivot ` /Douglas Rademacher,Chair Board of County Commis ' ners FEB 0 3 2014 y C '� a .` /,% eput Cleerkrk to the Board ` .V� �` Date 3 830/4-0320 DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT l M� 'R6r are 1555 North 17th Avenue Greeley, CO 80631 ® PublicHealth www.weldhealth.org Health Administration Public Health& Environmental Health Communication, Emergency Preparedness Vital Records Clinical Services Services Education&Planning &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 Fax: 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,team,work,and play. Promotora(e)/ Community Health Worker 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: Maria Hernandez P.O. Box 200333 Evans, CO 80620 Project Period: January 15, 2014—December 31, 2014 Scope of Work: • Meet with Latino parents in community settings (i.e. homes, churches, community centers)to provide prevention information and education that is culturally and linguistically sensitive to prepare them to talk with their teenage children about healthy dating relationships, avoiding early sexual activity, and general sexual health. (Event is called a platica). • Monthly activities include:training, outreach,facilitating platicas, and one team meeting. • Assist WeIdWAITs staff with classroom presentations for teens as needed. • Promatoras may work up to 15 hours per month. Pay is$16.00 per hour and does not include travel. Maximum payment for this contract year is$3000.00. Invoices should be sent to Melanie Cyphers by the end of each month. • Provide a final report detailing successes, challenges, and lessons learned with the December invoice. Consultant Duties: • Attend monthly meetings with WeIdWAITS staff. • Recruit hosts/hostesses for platicas. • Assist hosts/hostesses with recruitment of participants for platicas and additional educational opportunities. • Facilitate monthly platicas and assist with WeIdWAITS classes as needed. • Submit data tracking form monthly with invoice. • Submit a final report detailing successes, challenges, and lessons learned. • Provide support to the WeIdWAITS staff towards goals of the Latino Initiative. Hello