HomeMy WebLinkAbout20143693.tiff 1s61
Memorandum
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TO: Douglas Rademacher, Chair
\IBoard of County
N T T— Commissioners
FROM: Mark E. Wallace, MD, MPH,
Executive Director
Department of Public Health & Environment
DATE: November 21, 2014
SUBJECT: Agreement for Professional Services with
Duemece Aragon
Enclosed for Board review and approval is a contract between the Weld County Department of
Public Health and Environment and Duemece Aragon.
The funding for this PSA is from the CDPHE Maternal and Child Health grant and will not exceed
$5,000 for approximately 11 months ending September 30, 2015.
Ms. Aragon will coordinate the DRIVE SMART Weld County programs within county high schools
and other entities, work with local media to promote events and other initiatives as needed,
assist on site during events, and assist with the creation and development of various marketing
material.
This Agreement for Professional Services was approved for placement on the agenda by the
Board via pass-around dated November 7, 2014.
I recommend approval of this Agreement for Professional Services with Duemece Aragon.
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LW-Vitt 'I-2PILt 2014-3693
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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 Duemece L. Aragon
whose address is 3213 67th Ave., Greeley, CO 80634, ("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 12/1/2014 through and until
9/30/2015.
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$25.00/hr. 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 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$5000.
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
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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 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.
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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.
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,
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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.
CONT CTOR:
Title: 14,-c 4,6 G�••f��
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ATTEST:CI 'K BOARD OF COUNTY
CLERK TO THE BOARD COMMISSIONERSOF WELD COUNTY
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By: By:
De.ut Clerk to the Bo. °����°
y Douglas ademacher, Chair
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AP ROVED AS/T�O �SUBBSSTA E:
at
Elected Official or Department d
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Director of General Services
APPROVED AS T FUNDING:
Controller
APPROVED AS TO FORM:
County Attorney
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DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 N. 17th Avenue
Greeley, CO 80631
N T Y PublicHealth
_ G O Web: http://www.weldhealth.org
Health Administration Public Health S Clinical Environmental Health Communication, Emergency Preparedness
Vital Records Services Services Education 8 Planning &Response
Tele 970304.6410 Tele 970 304 6420 Tele:970.3046415 Tale 970.3046470 Tele 970.3046420
Fax 970304.6412 Fax 970 304 6416 Fax 970.304.6411 Fax 970.3046452 Fax 970.3046469
Our vision Together with the communities we serve we are working to make Weld County the healthiest place to live,learn,work and play
DRIVE SMART Weld County Public Relations Specialist
Exhibit A: Scope of Work
Lead Agency: Weld County Department of Public Health and Environment
Kelly Campbell, Health Education Specialist
1555 N. 17th Avenue, Greeley, CO 80631
970-304-6470 ext. 2325 kcampbell@co.weld.co.us
Contract Consultant: Duemece L. Aragon
3213 67th Ave., Greeley, CO 80634
(970) 888-1397
Project Period: August 14, 2014 through September 30, 2015
Scope of Work:
Public Relations/Marketing Contract: $5,000/yr will be used to contract with a Public Relations/Marketing
professional to coordinate DRIVE SMART Weld County programs with schools and other entities, to work
with local media to promote events and DRIVE SMART Weld County initiatives, to create and facilitate
presentations about DRIVE SMART Weld County programs and initiatives to organizations as needed, to assist
on site as needed during programming and initiatives, to assist with the creation and development of logos,
brochures and other print materials and to attend monthly DRIVE SMART Weld County board meetings.
Public Relations/Marketing Specialist Duties:
Strategy 1: Motor vehicle partners in Weld County will report increased levels of coordination, collaboration
to support the implementation of evidence-based programmatic and advocacy strategies related to reducing teen
motor vehicle fatalities
Tasks:
I. Partner with the motor vehicle traffic safety coalition to create an action plan for the coalition that
identifies annual coalition activities and demonstrates the role of different agencies in accomplishing
them.
2. Conduct at least eight stakeholder interviews to gauge local support, determine barriers, and inform
the development of local talking points related to GDL and seatbelt policies.
3. Encourage local law enforcement to do increased enforcement of the GDL law around schools.
4. Partner with members of the local teen motor vehicle safety coalition to recruit parents to attend
parent classes that help them understand the GDL law and how to best teach their children to drive.
5. Conduct a comprehensive, innovative school-based teen driving safety program that includes
educating teens about GDI., the dangers of impaired and distracted driving and the importance of
seatbelt use.
General Duties:
1. Participate in regular correspondence with the DRIVE SMART Weld County Coalition pertaining to
meetings and as requested by coalition members.
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