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HomeMy WebLinkAbout20081447.tiff RESOLUTION RE: APPROVE GRANT CONTRACT FOR THE PLATICAS PROJECT FOR BREAST HEALTH AND AUTHORIZE CHAIR TO SIGN - SUSAN G. KOMEN BREAST CANCER FOUNDATION, INC. 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 Grant Contract for the Platicas Project for Breast Health between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,on behalf of the Weld County Department of Public Health and Environment, and the Susan G. Komen Breast Cancer Foundation, Inc., commencing May 1, 2008, and ending March 31, 2009,with further terms and conditions being as stated in said grant contract, and WHEREAS, after review, the Board deems it advisable to approve said grant 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, that the Grant Contract for the Platicas Project for Breast Health between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Department of Public Health and Environment, and the Susan G. Komen Breast Cancer Foundation, Inc., be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said grant contract. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of May, A.D., 2008, nunc pro tunc May 1, 2008. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: )1114# ��, 4'. , �..• ,_1 / !, illiam H. Jerke, Chair Weld County Clerk to the`.- • XCUSED r�/2�/ w���l;Tr�i►:��� Robert D. Masden, Pro-Tem BY. As Deputy Cler /o the Board Witt") F. Gar is l�APPR-0-* D F/ u David E. Long ounty Attorney 49% Douglas Rademacher )' Date of signature: 6/11/14 2008-1447 HL0035 (:0 f1/4_ Cr61-•-cf /)e,/o /SR' Memorandum TO: William H.Jerke, Chair Board of County Commissioners l C FROM: Mark E. Wallace, MD, MPH, Director Department-I Pub 'c e h and Environmen nment(/1/` CA4 COLORADO DATE: May 12, 2008 ,im SUBJECT: Susan G. Komen Breast Cancer Foundation Contract for the Weld County Pldticas Project for Breast Health Enclosed for Board review and approval is the contract between the Weld County Department of Public Health and Environment and the North Colorado Affiliate of the Susan G. Komen Breast Cancer Foundation, Inc. The contract period is May 1, 2008 through March 31, 2009 for the amount of the$10,000.00. The grant will fund small group education classes and mammograms for low income, uninsured and underinsured women who do not qualify for the Women's Wellness Connection Program and who are at high risk for developing breast cancer. I recommend your approval of this contract. Enclosure = " i 2008-1447 2008 GRANT CONTRACT • Susan G. women TOE THE cure THE NORTH COLORADO AFFILIATE OF THE SUSAN G.KOMEN BREAST CANCER FOUNDATION,INC. GRANT CONTRACT PERIOD OF GRANT: May 1, 2008 -March 31, 2009 GRANTEE: Weld County Department of Public Health& Environment PROJECT DIRECTOR: Olivia Martinez, Health Education Specialist, WWC Program Outreach Coordinator PROJECT TITLE: Weld County Platicas Project for Breast Health The North Colorado Affiliate of the Susan G. Komen Breast Cancer Foundation, Inc. ("Komen Affiliate") does hereby grant Weld County Department of Public Health & Environment ("Grantee")funds in the amount of$10,000 ("Grant Funds"or "Grant") subject to the following terms and conditions ("Grant Contract"): 1. Use of Grant Funds: A. Grant Funds are to be applied as set forth in the budget ("Budget") in Grantee's grant application to Komen Affiliate ("Grant Application"). A copy of the Grant Application is attached hereto as Exhibit "A" and made a part hereof for all purposes. To the extent that the terms of this Grant Contract conflict with the terms of Exhibit"A," the terms of this Grant Contract shall prevail. B. Grant Funds must be expended as set forth in the Budget, and no changes or modifications to the Budget or to the breast cancer project as described in the Grant Application ("Weld County Platicas Project for Breast Health") may be made without the prior written approval of Komen Affiliate. C. Komen Affiliate shall receive copies of all materials created in connection with the Breast Cancer Project at no charge. Grantee grants Komen Affiliate and its affiliates a limited, non-exclusive license to use such materials for their own non-commercial purposes. D. Unless otherwise specifically consented to in writing by Komen Affiliate, the funds granted hereunder are not to be used for any expenses beyond those listed in the budget. E. Grantee shall use Komen printed materials in educational displays in this Breast Health Project. 2. Termination and Early Termination of Grant: A. This Grant Contract shall be effective as of the date hereof and shall terminate on March 31, 2009, except that the provisions of Sections 5, 6, 7, 8, 9, 10, 12, 13 and 15 shall forever survive termination. B. If either party should fail to perform or be in breach of any of the terms, conditions, agreements, covenants, representations or warranties contained in this Grant Contract, or anticipatorily breach this Agreement, and such default is not curable, or if such default is curable but remains uncured for a period of 30 days after written notice thereof has been given to the defaulting party, the other party, at its sole election, may immediately terminate this Grant Contract by written notice thereof to the defaulting party. The provisions of this Section 2.B will not preclude the parties from seeking any other remedies that may be available under this Grant Contract and applicable law. 3. Reports/Submission Items: Grantee shall submit to Komen Affiliate the following: A. A Progress Report shall be due on December 19, 2008, using the outline attached to the Grant Contract as Exhibit "B" and made a part hereof for all purposes. The Progress Report shall include, but not be limited to, the following information: progress made toward meeting objectives outlined in Grant Application,number of people served, notice or receipt of other sources of support for the Breast Cancer Project, copies or examples of any materials produced as a result of the project, documentation of acknowledgment, a listing of articles submitted for publication and the status of those articles, and presentations made at scientific conferences regarding the project; B. Within 45 days following the expiration or early termination of the Grant, a Final Report, using the outline attached to this Grant Contract as Exhibit"C" and made a part hereof for all purposes. In addition to the information referenced in Section 3.A, the Final Report must include an accounting of the Grant Funds expended during the term of this Grant Contract; C. Any and all surveys or other items submitted by Komen Affiliate to Grantee for completion regarding this Grant. D. Notwithstanding the provisions of Sections 2.B and 4.B, in the event that Grantee does not provide Komen Affiliate with the above-referenced reports and surveys within the stated time frames, Komen Affiliate shall be entitled to terminate this Grant Contract immediately and receive a full reimbursement of the Grant Funds from Grantee. 4. Grant Payments and Remittance of Unspent Grant Funds: A. Grant Funds shall be payable in two equal installments of $5,000 each. The first payment shall be made to Grantee upon receipt by Komen Affiliate of this Grant Contract fully executed, and the second payment shall be made to Grantee after Komen Affiliate's receipt of a timely and satisfactory six-month Progress Report. B. Within 30 days after the expiration or early termination of this Grant Contract, Grantee shall remit to the Komen Affiliate all unspent Grant Funds. 5. Licensed Marks: Komen Affiliate has been granted by the Susan G. Komen Breast Cancer Foundation, Inc., (the "Foundation") a non- exclusive license to use the Susan G. Komen Breast Cancer Foundation name and cameo logo (the "Licensed Marks") in connection with its affiliation with the Foundation. Komen Affiliate grants Grantee a limited, non-exclusive sub-license to use the Licensed Marks solely to acknowledge Komen Affiliate's Grant hereunder. Komen Affiliate will provide Grantee with camera-ready artwork of said Licensed Marks. It is agreed and understood that Foundation retains all right, title and interest in and to the Licensed Marks, both of which shall remain the exclusive property of Foundation. Grantee is prohibited from transferring, sublicensing or assigning its rights to use the Licensed Marks. 6. Publications: A. Komen Affiliate may release information regarding this Grant to the general public and news media. Grantee grants to Komen Affiliate a non-exclusive license to include Grantee's name in information pertaining to the Grant that is released to the public. B. Grantee may release information regarding this Grant to the public and news media, upon the following terms and conditions: (1) Grantee must acknowledge Komen Affiliate as a funding source on all publications related to this Grant in a clear, unambiguous and readily-identifiable fashion, such as "supported by a grant from the North Colorado Affiliate of the Susan G. Komen Breast Cancer Foundation, Inc." Such acknowledgment must be commensurate with the acknowledgment provided to other grantors providing similar grants. (2) Grantee will present to Komen Affiliate for its approval, prior to printing, distribution, publication, display, or use, any and all promotional materials, publications, articles, pictures, press releases and scripts of all statements, oral or written, to be made by Grantee, its agents or spokespersons, which use or refer to any Licensed Marks. Such materials and statements must state that the Licensed Marks are registered trademarks of the Foundation and must be of a high quality consistent with Komen Affiliate's outstanding public image; (3) Copies of all other news releases, articles, pictures and any and all other published material, which may be developed in connection with this Breast Cancer Project or this Grant must be furnished to Komen Affiliate by Grantee prior to publication, or as soon thereafter as practicable. 7. Non-Guarantee of Additional Support: This Grant is accepted by Grantee with the understanding that Komen Affiliate is not obligated to provide any additional financial support, or other support, to Grantee, its agents or spokespersons, in connection with the Grant, the Grant Contract, the Breast Cancer Project or for any other reason. 8. Grantee Representations and Warranties: Grantee represents and warrants that it is a tax-exempt organization under the Internal Revenue Code. Grantee further represents that it has not and shall not receive any duplicative funding in connection with the Breast Cancer Project. Notwithstanding the provisions of Sections 2.B and 4.B, in the event that Grantee breaches its representations and warranties, Komen Affiliate shall be entitled to terminate this Grant Contract immediately and receive a full reimbursement of the Grant Funds from Grantee. 9. Non-endorsement: It is expressly agreed and understood by the parties hereto that Komen Affiliate's grant hereunder shall not constitute an endorsement by Komen Affiliate or the Foundation of any entity, organization, company or individual, nor the products, actions, behavior or conduct of any entity, organization, company or individual and any negligent or intentional misrepresentation by Grantee to the contrary, in any context and in any forum, shall constitute a material breach of this Agreement, and the same shall be grounds for immediate termination of this Agreement by Komen Affiliate. In the event of any such misrepresentation, Komen Affiliate may require Grantee to publicly acknowledge the misrepresentation in a like forum in which the misrepresentation was made. It is agreed that in the event of a breach of this provision, damages may not be an adequate remedy, and Komen Affiliate shall be entitled to whatever other remedies are available under applicable law. 10. Governmental Compliance: Grantee will cooperate with Komen Affiliate in supplying additional information to Komen Affiliate, or in complying with any procedures which might be required by any governmental agency in order for Komen Affiliate to establish that it has observed all requirements of the law with respect to this Grant. 11. Authority: All persons and individuals executing this Grant Contract certify and warrant that they have the capacity and have been duly authorized to execute this Grant Contract on behalf of the entities so indicated and that no additional authorization or approval is required. 12. Indemnity: Grantee acknowledges that it is solely responsible for any liabilities that may arise in connection with the Breast Cancer Project. To the extent not prohibited under the state and local laws which govern each party, such party agrees to indemnify and hold the other harmless from and against any and all costs, losses or expenses, including reasonable attorneys' fees, that the other party may incur by reason of the indemnifying party's negligence or misconduct or by reason of any third- party claim or suit arising out of or in connection with the indemnifying party's performance or failure to perform pursuant to this Grant Contract. 13. Dispute Resolution: In the event of any dispute arising out of this Grant Contract, the parties shall use good faith efforts to resolve their differences amicably. In the event they are unsuccessful, the parties agree not to commence litigation until attempting to resolve their dispute through mediation. Either party may initiate the mediation process with 30 days' prior written notice to the other party. The dispute shall be submitted to mediation in Greeley, Colorado. Costs of mediation shall be borne equally by the parties. Mediation of the dispute shall be completed within 15 days of commencement, unless the parties extend the time by mutual agreement or unless the mediator declares the parties to be at an impasse. Notwithstanding the above, in the event that Komen Affiliate believes that immediate injunctive relief is required to protect the Licensed Marks, Komen Affiliate may invoke immediate powers of the appropriate court of law without the requirement to first mediate the dispute. 14. Entire Agreement: This Grant Contract supersedes any prior understandings or oral agreements between the parties regarding the subject matter hereof and constitutes the entire understanding and agreement between the parties with respect to the subject matter hereof, and there are no agreements, understandings, representations or warranties among the parties other than those set forth herein. 15. Governing Law and Venue: This Grant Contract shall be governed by and construed in accordance with the laws of the State of Colorado. Any dispute arising out of or in connection with this Agreement that is not resolved under Section 13 shall be filed and heard in the state or federal courts of Greeley, Colorado, and the parties consent to the exclusive jurisdiction of such courts. This Grant is expressly conditional upon Grantee's acceptance of the terms and conditions set forth above. The signature on this Grant Contract by an authorized representative of Grantee represents Grantee's acceptance of this award and agreement to comply with all of the above terms and conditions. AGREED TO AND ACCEP FED BY: The North Colorado Affiliate of The Susan G. Komen Breast Cancer Foundation, Inc. Affiliate President Wel Copnly te rtme f P lie Health & Environment U�Ili QA, (Signature) Name (print): Mark Wallace, MD, MPH Title: Director ✓L c GL Attachments to grant contract: EXHIBIT A: GrantA Application Chairman, Board of County Commissioners pp 0 /14 20��y�{��R EXHIBIT B: Outline for Progress Report ATTEST: �r 1Ce EXHIBIT C: Outline for Final Report WELD COUNTY CLERK TO T i' B• ��'' .O 86 ic i BY: DEPU CLERK TO THEO11 i( ATTST''"G TO B0iRD 0`r C0UIN S'SidATL'RES OtiLY c2�Z13'-/'/ GRANTEE PROGRESS REPORT OUTLINE (2008-2009 fiscal year) Due Date: December 19, 2008 • Susan C women --cure GRANT PROGRESS REPORT TO THE North Colorado Affiliate of the Susan G. Komen Breast Cancer Foundation Please Type PROJECT DIRECTOR: AGENCY: PROJECT TITLE: PERIOD COVERED BY PROGRESS REPORT: FROM: TO: 1. PROJECT PROGRESS REPORT: In this section, list progress of project toward meeting objectives as outlined in Grant Application, including number of people served during this period. (1 page) 2. PROPOSED CHANGES: In this section, please report any proposed changes in project design, project personnel, or project budget. Please use the "Request for Change/Amendment" form. (1 page per change, if any) 3. OTHER SOURCES OF SUPPORT: In this section, please list any notice or receipt of other sources of support for this project received during the past six months. (1 page, if any) 4. PROJECT MATERIALS: In this section, please list and attach all published or produced materials, pictures, etc. for the past six months. (1 page plus attachments) 5. ACCOUNTING OF GRANT FUNDS: Please attach a current accounting of grant funds using the Budget Progress Report form. (1 page) Signature of Project Director Date BUDGET PROGRESS REPORT FORM ACCOUNTING OF GRANT FUNDS FROM MARCH ,2008 TO OCTOBER 17,2009 MONTH/DAY/YtiAR MONTH/DAY/YEAR ORIGINAL BUDGET ACTUAL EXPENSES To••DATE PERSONNEL SUPPLIES(ITEMIZE BY CATEGORY) EQUIPMENT(NOT TO EXUbEU 30%OF DIRECT COSTS) PATIENT CARE COSTS INPATIENT OUTPATIENT SUBTOTAL(DIRECT COSTS) $ $ INDIRECT COST ALLOCATION(NoT TO EXCEED 10% $ $ OF DIRECT COSTS) TOTAL GRANT FUNDS EXPENDITURES S $ SIGNATURE: DATE REQUESTED: (TYPED)PRINCIPAL INVESTIGATOR/PROJECT DIRECTOR Tracking Number Due Date: May 15, 2009 EXHIBIT C FINAL GRANT REPORT TO THE: North Colorado Affiliate of the Susan G. Komen Breast Cancer Foundation Please Type PROJECT DIRECTOR: AGENCY: PROJECT TITLE: START DATE: END DATE: 1. PROJECT SUMMARY I: List each objective outlined in the original grant application. 2. WHAT PERCENTAGE OF OBJECTIVES WERE MET SPECIFIC AIMS: PERCENT COMPLETED: 1-25% 26-50'%% 51-75°/, 76-100°/u N/A OBJECTIVE 1 OBJECTIVE 2 OBJECTIVE 3 OBJECTIVE 4 OBJECTIVE 5 Tracking Number 3. PROJECT SUMMARY II: In this section, please provide a short summary (200 words or less) in lay language describing the outcomes and accomplishments of this project. Include a statement of plans for the future of the program. 4. TYPES OF SERIVCES PROVIDED (CHOOSE ONLY THOSES THAT PERTAIN TO YOUR GRANT): # of People Served # of People Served CLINICAL TRIALS EDUCATION SCREENING MAMMOGRAPHY TREATMENT ASSISTANCE EDUCATION/COUNSELING SESSIONS WRITTEN MATERIALS PROVIDED CLINICAL TRIALS ENROLLMENT DIAGNOSTIC SERVICES CLINICAL BREAST EXAMS COMPLEMENTARY/ALTERNATIVE PSYCHOSOCIAL OTHER Tracking Number 5. NUMBER OF SCREENING MAMMOGRAMS PROVIDED WITH THIS GRANT(IF APPLICABLE): 6. NUMBER OF CLIENTS REFERRED OUT FOR FURTHER DIAGNOSIS: 7. NUMBER OF CLIENTS REFERRED OUT FOR MAMMOGRAMS(NOT PAID FOR BY KOMEN GRANT): 8. NUMBER OF BREAST CANCERS DETECTED: 9. OTHER SOURCES OF SUPPORT: In this section, please list any notice or receipt of other sources of support for this project received during the past six months. Organization Dollar Amount 10. PROJECT MATERIALS: In this section, please list all published or produced materials, pictures,etc. for this grant project. Include copies of materials for Affiliate files. 11. ACCOUNTING OF GRANT FUNDS: Please attach a final budget for the entire term of the grant period. (Use attached form) Signature of Project Director Date Permission is hereby granted to the Susan G. Kamen Breast Cancer Foundation to publish the above information. Proper credit will be given to grantee where appropriate. Tracking Number BUDGET PROGRESS REPORT FORM ACCOUNTING OF GRANT FUNDS FROM TO MONTH/DAY/YEAR MONTH/DAY/YEAR ORIGINAL BUDGET ACTUAL EXPENSES To DATE PERSONNEL SUPPLIES(ITEMIZE BY CATEGORY) EQUIPMENT(NOT TO EXCEED 30%OF DIRECT COSTS) PATIENT CARE COSTS ^_ INPATIENT OUTPATIENT SUBTOTAL(DIRECT COSTS) $ $ INDIRECT COST ALLOCATION (NOT TO EXCEED 15% $ $ OF DIRECT COSTS) TOTAL GRANT FUNDS EXPENDITURES $ S SIGNATURE: DATE REQUESTED: (TYPED)PROJECT DIRECTOR June 30, 2008 In finalizing these mailings, I found that the check enclosed is only for ''/a of your approved grant money. I will be sending an additional check in the next week with the remaining money to equal '/z of the approved grant. I apologize for the inconvenience but did not want to delay the disbursement any longer than necessary. Please call me with any questions. Thanks. Cathy Kunisch Co-chair grants North Colorado Affiliate - Komen 970-350-6677 cathy.kunisch@bannerhealth.com SUS011 G. • women FOR-cure June 26, 2008 Weld County Department of Public Health and Environment Weld Women's Health Consortium Breast Cancer Olivia Martinez RE: GRANT AWARD CHECK-1ST HALF OF FUNDING Dear Ms. Martinez: Enclosed is a check for$2500, the first half of your grant award from North Colorado Komen Breast Cancer Foundation. Please confirm that you have received the funds by letter or email. If you have questions or need assistance, please do not hesitate to contact me at cathy.kunisch@bannerhealth.com or 970-350-6677. S" erely Cathy K .sch,Grants Co-Chair North Colorado Affiliate of the Susan G. Komen Foundation Enclosure Hello