HomeMy WebLinkAbout20090215.tiffRESOLUTION
RE: APPROVE CONTRACT FOR SERVICES FOR COLORADO PREVENTION PARTNERS
PROGRAM AND AUTHORIZE CHAIR TO SIGN - OMNI INSTITUTE
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Contract for Services for the Colorado
Prevention Partners Program between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, on behalf of the Department of Human Services,
and Omni Institute, commencing October 20, 2008, and ending June 30, 2009, with further terms
and conditions being as stated in said contract, and
WHEREAS, after review, the Board deems it advisable to approve said contract, a copy of
which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, ex -officio Board of Social Services, that the Contract for Services for the
Colorado Prevention Partners Program between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, on behalf of the Department of
Human Services, and Omni Institute be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said contract.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 26th day of January, A.D., 2009, nunc pro tunc October 20, 2008.
ATTEST:
l nAnt�,
Weld County Clerk to the B
BY:
Deputy Clerk4o the Board
APPR
ounty Attorney
Date of signature -
I3 -g /09
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ougla- 'adema.her, Pro-Tem
-Th
, /*
Sean P. Conway
ra Kirkmeyei 01N-
David E. Long
71
2009-0215
HR0080
O7
MEMORANDUM
COLORADO
DATE: January 22, 2009
TO: William F. Garcia, Chair, Board of County Commission,s
lj�
FROM: Judy A. Griego, Director, Human Servi¢ts llep hnent
RE: Contract for Services between the Weld/County Department
of Human Services and OMNI Institute
Enclosed for Board approval is a Contract for Services between the Weld County Department of
Human Services and OMNI Institute. This Contract was presented at the Board's July 14, 2008,
Work Session.
The major provisions of this Contract are as follows:
1. This contract is in conjunction with the Colorado Prevention Partners grant, which the
Department was awarded on August 26, 2008.
2. It is an agreement with the OMNI Institute to conduct school surveys, titled the Healthy Kids
Colorado Survey, to assess the prevalence of drug and alcohol use in Weld County school -
age children.
3. OMNI staff will assemble survey packets for each school participating in the survey. These
packets will include surveys/answer sheets, classroom -level enrollment and attendance
sheets, facilitator instructions and return envelopes.
4. OMNI staff will provide a community data report in emailed PDF form to the CPP
community coordinator.
5. OMNI will be entitled to a fee of $13,274.88.
6. The term of this Agreement is October 20, 2008 through June 30, 2009.
If you have any questions, give me a call at extension 6510.
2009-0215
I lealthy Kids Colorado Si*y—SPF SIG
•r
CONTRACT FOR SERVICES
THIS CONTRACT FOR SERVICES ("Agreement") is dated for identification purposes as of the LtY
day of October, 2008, and is made by and between OMNI Institute, a Colorado non-profit corporation
("OMNI") and the Weld County Department of Social Services, ("Client"). In consideration of the
mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the parties hereby agree to be bound by the terms and conditions of
this Agreement.
1. Scope of Work.
a. Client hereby hires OMNI to provide, and OMNI hereby agrees to provide, the services
outlined in the Scope of Work attached hereto as Exhibit A and incorporated herein by this reference (the
"Project"). OMNI shall perform such services in a professional and timely manner, and otherwise in
accordance with industry standards.
b. Any change to the Scope of Work shall be in a form substantially similar to the Change
Order attached hereto as Exhibit A-1 and incorporate herein by this reference.
2. Term; Termination.
a. The term of this Agreement shall commence on October 20, 2008 and extend through the
release of the report, June 30, 2009.
b. Either party may terminate this Agreement without cause upon thirty (30) days' prior
written notice to the other party. In the event of termination without cause, Client shall pay to OMNi
charges for all work relating to the Project performed by OMNI prior to the effective date of termi Vion.
Such payment shall be due upon the earlier of (i) when due under the terms of this Agreement, or (u)
within thirty (30) days following the date,of an invoice therefor.
3. Compensation.
a. OMNI will be entitled to a fee of $13274.88 for the Project (as more fully set forth in the
Scope of Work) ("Base Fee"). Such compensation is set forth in detail on the Budget set forth on Exhibit
C, attached hereto and incorporated herein by this reference. Payment of the Base Fee is due as follows:
$ 6637.44 upon execution of this Agreement.
$ 6637.44 upon receipt of community survey report
b. The Base Fee does not include service not specifically set forth on the Scope of Work.
Any additional work shall be charged at customary rates. Payment for such extra work shall be due in full
within thirty (30) days following the date of an invoice detailing such extra work.
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w:omni/continuing services agreement v
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Healthy Kids Colorado Survey—SPP SIG
4. Data; Ownership; Confidentiality.
a. All data and information collected by OMNI is furtherance of the Project ("Data"), as
well as all surveys, instruments and data collection tools developed by OMNI in furtherance of the Project
("Instruments"), shall be the sole and exclusive property of OMNI, unless otherwise disclaimed or
transferred in writing. OMNI shall not use the Data or Instruments in such a manner so as to compete
with Client.
b. OMNI hereby grants to Client a non -transferable license to use all such Data and
Instruments in any manner that Client deems reasonable, including, without limitation, publishing such
Data in scholarly journals. Nothwithstanding the foregoing to the contrary, Client shall not have the right
to use or acquire any Data which, in the reasonable judgment of OMNI could identify any individual from
whom the Data were collected. OMNI may elect to remove applicable identifiers from the Data before
sending the Data to Client. Client may not sell, license, lend, or otherwise transfer the Data or
Instruments without the prior written consent of OMNI.
c. The parties hereby acknowledge and agree that all Data shall be kept confidential. Both
parties shall comply with all laws regarding confidentiality, including, without limitation the Health
Insurance Portability and Accountability Act of 1996, as amended (a/k/a HIPAA). Unless under a court
order or similar circumstances, OMNI shall not be required to divulge to Client or any third -party any
Data that could link any individual to the Data.
d. In the event that Client uses any Data in any publication, whether such publication is in
written or electronic form, Client shall give appropriate credit to OMNI, such as: "This material is based
upon work supported by OMNI Research and Training Inc., a Colorado corporation. Any opinion,
finding, conclusions or recommendations expressed herein are those of the author(s) and do not
necessarily reflect the view of OMNI."
e. OMNI shall use commercially reasonable efforts to store the Data and Instruments for a
period of not less than three (3) years after the date on which the Project is complete or this Agreement is
otherwise terminated, whichever is earlier. Such storage may be electronic. OMNI may elect to purge all
Data and Instruments anytime following such three (3) year period.
5. Policies/Miscellaneous.The policies and miscellaneous provisions as set forth on Exhibit C are
attached hereto and incorporated herein by this reference.
w:omni/continuing services agreement v 2
Healthy Kids Colorado Survey—SPF SIG
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year first
above written.
OMNI:
OMNI IN TUTE,
a Col.. do n mn-profit corporation
By:
Name: Ja - es V. Adams I erger
Title: Pr: ident
Addres for Notice:
899 Logan Street, Suite 600
Denver, CO 80218
CLIENT:
Project Coordinator:
North Range Behavioral Health,
a Colorado non-profit corporation
BY: (1-1/276e
Name: Wine A. Maxwell
Title: Executive Director
Address for Notice:
1300 N .17th Avenue
Greeley, CO 80631
Fiscal Agent: �-�
/Meld CtA, De�F. of K'-PA;cel
a Go✓e Am. -I i
By: ,a//(1
Name: Les ngrd ccflo! For
Title: RA c c k Rkl i�o eleJJ¢'li jA,,s l
Address for Notice:
PO.&et A,Gre ,''O&sz
County Commissioner:
Weld County Commissioners
a Governmental Entity
BYETha.i y( rwQemor&,,r-
Name: Douglas ademacher
Title: Chair pro-Tem
Address for Notice:
P.O. Box 758, Greeley, CO
80632
Social Services Director:
11°4 C"1""4l 1)(44-GP}1 MM -cety«
a 6r o n. LI E1
By:
Name
Title:i c
Address for Notice:
P.3..1sr. A /Credo-1tcl &DG3Z
JAN 2 6 2009
w:omni/continuing services agreement v 3
c5,7oo2- 4
I lealthy Kids Colorado Survey—SPF SIG
EXHIBIT A
(Scope of Work)
1. Provide Survey Administration Support
OMNI staff will assemble survey packets for each school participating in the survey. These packets will
include surveys/answer sheets, classroom -level enrollment and attendance sheets, facilitator instructions and
return envelopes. Sample consent letters will also be provided. (Note: Client is responsible for classroom
administration of the survey and providing #2 pencils.)
2. Collect, Scan, and Clean Data
OMNI will provide shipping labels (FedEx Ground) for the school contact to return completed surveys for
processing. OMNI will enter the school data using its optical scan equipment. Data will be cleaned by out -of -
range and dishonesty criterion.
3. Provide a Standard Report and Data File
OMNI staff will provide a community data report in emailed PDF form to the CPP community coordinator. At
a minimum, the report will include frequencies of all items, with details by grade and gender.
w:omni/continuing services agreement vI 4
Healthy Kids Colorado Survey—SPF SIG
EXHIBIT A-1
(Change Order to Scope of Work)
This Change Order incorporates by reference that certain CONTRACT FOR SERVICES dated
, 20 ("Agreement"), made by and between OMNI Research and Training, Inc., a
Colorado corporation [-OR- OMNI Institute, a Colorado non-profit corporation] ("OMNI"), and
, a ("Client")
Date:
Reference No:
Description of Changes:
Project Schedule; Duration:
Payment Terms:
Additional Terms:
Agree to and accepted by:
OMNI: CLIENT:
OMNI RESEARCH AND TRAINING, INC.,
a Colorado corporation a
By: By:
Name: Name:
Title: Title:
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Healthy Kids Colorado Survey—SPF SIG
EXHIBIT B
(Data Analysis and Reporting Timeline)
1. Surveys received by OMNI by no later than November 21St, 2008 will be reported in the first
reporting cycle. Clients whose data is in the first reporting cycle will receive their Healthy Kids
Survey reports by January 31st, 2009.
2. Surveys not included in the first reporting cycle deadline, but received by OMNI by no later than
May 15d', 2009 will be reported in the second reporting cycle. Clients whose data is in the second
reporting cycle will receive their Healthy Kids Survey reports by June 30`h, 2009.
3. Surveys not included in the first or second reporting cycle, but received by OMNI by no later than
June 30111, 2009 will be reported in the third reporting cycle. Clients whose data is in the third
reporting cycle will receive their Healthy Kids Survey reports by July 315', 2009.
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Healthy Kids Colorado Survey—SPP SIG
EXHIBIT C
(Budget)
Number
of
Students
Survey
Instrument
Costs @ $2.15
per student
Total Cost
HIGHLAND HIGH SCHOOL
200
430.00
430.00
HIGHLAND MIDDLE SCHOOL
200
430.00
430.00
EATON HIGH SCHOOL
235
505.25
505.25
Eaton Middle School
450
967.50
967.50
BRENTWOOD MIDDLE SCHOOL
140
301.00
301.00
FRANKLIN MIDDLE SCHOOL
120
258.00
258.00
Frontier Charter Academy
340
731.00
731.00
GREELEY CENTRAL HIGH SCHOOL
340
731.00
731.00
GREELEY WEST HIGH SCHOOL
370
795.50
795.50
HEATH JUNIOR HIGH SCHOOL
205
440.75
440.75
JOHN EVANS JUNIOR HIGH SCHOOL
160
344.00
344.00
MAPLEWOOD MIDDLE SCHOOL
100
215.00
215.00
Northridge High School
290
623.50
623.50
CARDINAL COMMUNITY ACADEMY CHARTER SCHOOL
6
12.90
12.90
HOFF ELEMENTARY SCHOOL
60
129.00
129.00
HUDSON ELEMENTARY SCHOOL
60
129.00
129.00
LOCHBUIE ELEMENTARY SCHOOL
80
172.00
172.00
WELD CENTRAL JUNIOR HIGH SCHOOL
150
322.50
322.50
WELD CENTRAL SENIOR HIGH SCHOOL
180
387.00
387.00
PLATTE VALLEY HIGH SCHOOL
298
640.70
640.70
PLATTE VALLEY MIDDLE SCHOOL
288
619.20
619.20
NORTH VALLEY MIDDLE SCHOOL
282
606.30
606.30
SOUTH VALLEY MIDDLE SCHOOL
190
408.50
408.50
VALLEY HIGH SCHOOL
610
1,311.50
1,311.50
FORT LUPTON HIGH SCHOOL
675
1,451.25
1,451.25
FORT LUPTON MIDDLE SCHOOL
457
982.55
982.55
WINDSOR HIGH SCHOOL
1110
2,386.50
2,386.50
WINDSOR MIDDLE SCHOOL
885
1,902.75
1,902.75
Subtotal $18,234.15
Credit from fall 2008 payment $5,027.77
Overnight Shipping for Greeley 68.50
Total Survey Cost $13,274.88
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Healthy Kids Colorado Survey—SPF SIG
EXHIBIT D
(Rate Schedule for Extra Work)
[AT A MINIMUM, INCLUDE THE FOLLOWING]
1. Charges per Hour for Employees:
2. Travel Expenses:
3. Independent Contractors:
4. Hard Costs: At rates charged by third parties or reasonably estimated by OMNI.
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Healthy Kids Colorado Survey—SPP SIG
EXHIBIT E
(Policies and Miscellaneous Provisions)
1. Affirmative Action and Non -Discrimination. OMNI and Client shall provide equal
employment opportunity to all qualified individuals without regard to race, color, religion, creed,
national origin, ancestry, age, gender, sexual orientation, martial status or any other legally
protected classification.
2. Entire Agreement. This Agreement sets forth the entire agreement of the parties hereto
and all prior discussion and agreements are merged herein. This Agreement may be amended or
modified only by a written agreement subscribed to by both of the parties hereto.
3. Attorney's Fees. If any legal action, arbitration or other proceeding is commenced in
connection with this Agreement, a court in its discretion may award to either party the amount of
attorneys' fees and other expenses that the court deems appropriate.
4. Choice of Law, Jurisdiction; Venue. The Agreement shall be construed, interpreted and
applied in accordance with, and shall be governed by, the laws of the State of Colorado, the
parties hereby agree that venues shall be proper in the City and County of Denver, State of
Colorado, and hereby submit themselves to the jurisdiction of any and all Courts located therein.
5. Force Majeure. Whenever a period of time is herein prescribed for the action to be taken,
the party taking the action shall not be liable or responsible for, and there shall be excluded from
the computation of any such period of time, any delays due to strikes, riots, acts of God, shortages
of labor or material, terrorist activities, acts of war, governmental actions or inactions or law,
regulations, or restrictions, or any other causes of any kind whatsoever which are beyond the
control of such acting party.
6. Right to Cure. The parties shall not be deemed in default or breach of this Agreement
unless (i) the aggrieved party has provided written notice thereof specifying such default or
breach and (ii) the breaching party has failed to promptly commence and diligently prosecuted
such cure to completion. Such right to cure shall not apply to monetary defaults.
7. Written Notice. Any notices, statements or other communications made or given
hereunder by the parties shall be in writing and shall be deemed properly given and received upon
the earlier of when actually given and received (as the same may be evidenced by electronic
confirmation of facsimile transmission or receipt of notice of hand delivery) or three (3) business
days after mailing by registered or certified mail, return receipt requested and postage prepaid.
8. Severability. If any provision of this Agreement shall be held to be invalid, illegal or
unenforceable, such provision may be severed or enforced to the extent possible and such
invalidity, illegality or unenforceability shall not affect the remainder of this Agreement.
9. Late Charges. Any amounts not paid within thirty (30) days of when due shall, at Omni's
election, accrue interest at the monthly rate of one and a half percent (1.5%).
10. Rebilling Fees. If any amount is not paid when due, Omni may elect to charge a fee
$10.00 for rebilling (invoices will be no more than monthly) such amounts.
11. Bounced Checks. If a check is returned due to insufficient funds, stop payment or similar
matters, a fee of $100.00 will be assessed.
w:omni/continuing services agreement vl 9
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