HomeMy WebLinkAbout20071466.tiff RESOLUTION
RE: APPROVE CONTRACT FOR SERVICES 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 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 Social Services, and Omni Institute, commencing
September 13, 2006, and ending June 30,2007,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 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 Social 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 23rd day of May, A.D., 2007, nunc pro tunc September 13, 2006.
BOARD OF COUNTY COMMISSIONERS
1. 1d,n., WE OUNTY, COLOEZADO
ATTEST: 04 '
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i�� �(+, avid E. Long, Chair
Weld County Clerk to the Is L F
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Y :, � ' Wil is . Jer , r -Tem
BY: AU 1 iarl t ,, ;!.<
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D p tyCI kto the Boad
Will Garcia
AP D A1� // k. 1\k-P/
Robert D. Masden
Con ttorney - �v li
Dougla Rademac )
Date of signature: �'(11f07
2007-1466
(10 , SS0034
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r"�� DEPARTMENT OF SOCIAL SERVICES
P.O. BOX A
GREELEY, CO. 80632
Website:www.co.weld.co.us
Administration and Public Assistance(970)352-1551
Willie
Fax Number(970)353-5215
COLORADO MEMORANDUM
TO: David E. Long, Chair Date: May 22, 2007
Board of County Commissioners
FR: Judy A. Griego, Director, Social Services)itLOLk
J
RE: Colorado Prevention Partners Contract for Services
Between the Weld County Department of Social
Services and Omni Institute
Enclosed for Board approvel is a Colorado Prevention Partners Contract for Services
between the Weld County Department of Social Services and Omni Institute.
Background. Previously, the Board entered into a FY 2007 Colorado Prevention
Partners Contract with the Colorado Department of Human Services. Funding was
awarded under a non-competitive "Colorado Prevention Partners" application, which was
submitted on behalf of Weld County's Interagency Oversight Group(HB04-1451,
"Collaborative Management of Multi-agency Services Provided to Children and
Families"), and at the request of the Governor's Office. Island Grove Regional
Treatment Center was selected by the Interagency Oversight Group. The Department is
the fiscal agent under the Contract.
Currently,the Department has a contract with Island Grove Regional Treatment Center
for an amount not to exceed $147,732, to pay for a Project Coordinator employed by
Island Grove Regional Treatment Center, survey expenses, training, equipment
purchases, and related operating expenses. The period of the Agreement is September
30, 2006 through September 29,2007.
The Contract for Services pays for survey expenses to Omni Institute under the
provisions of our current Agreement with Island Grove Regional Treatment Center.
1. Omni Institute provided a survey of Weld County youth under the Healthy Kt%
2,
Colorado Survey at a fee of$13,876. The rate was $2.00 per student v eyed-' *
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2. The source of funding is through Federal Substance Abuse and Ment ealt -.p
Services Administration's five-year Strategic Prevention Framework to r•-) 0,C)
Incentive Grant(SPF SIG), which was awarded to the State of Coloral9'p. D a c
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If you have any questions, please contact me. CD 9P A.
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2007-1466
Healthy Kids Colorado Survey—SPF SIG
CONTRACT FOR SERVICES
THIS CONTRACT FOR SERVICES ("Agreement") is dated for identification purposes as of the 13th
day of September, 2006, and is made by and between OMNI Institute, a Colorado non-profit corporation
("OMNI") and Weld County 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 September 30, 2006 and extend thiiugh
the release of the report,June 30, 2007.
b. Either party may terminate this Agreement without cause upon thirty(30)days' pno11
written notice to the other party. In the event of termination without cause, Client shall pay to OMIR
charges for all work relating to the Project performed by OMNI prior to the effective date of termintion.
Such payment shall be due upon the earlier of(i)when due under the terms of this Agreement, or(i
within thirty(30)days following the date of an invoice therefor. -a
3. Compensation.
a. OMNI will be entitled to a fee of$13,876.00 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
B, attached hereto and incorporated herein by this reference. Payment of the Base Fee is due as follows:
$6938.00 upon execution of this Agreement.
$6938.00 upon receipt of school 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.
c. OMNI will refund the Client for survey booklets that are both unused and returned to
OMNI(as more fully set forth in the Scope of Work) ("Refund Amount"). The Refund Amount will be
set at a rate of$1 per booklet. The Refund Amount will be set forth in detail upon return of unused
survey booklets and payment of the Refund Amount will be credited upon the Client's receipt of the
school survey report.
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Healthy Kids Colorado Survey—SPF 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.
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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: CLIENT:
Project Coordinator
OMNI INSTITUTE, Ta/and (Ivo ye. Tre4..tmen f CevtFcv
a Col o non-profit corporation a live) f
By. - c S B
Name: ames V. Ada erger N e: May/4 omse" v
Title: resident Title: Wt CPP Coor din a Y
Address for Notice: Address for Notice:
899 Logan Street, Suite 600 // tJo fri Street
Denver, CO 80218 Greg-Lei Co. S'ob 3
Fiscal Agent:
uuel4 Lain Cccia9 SA tO
a
Name: ceter___
Title:A°scr->ess c fc cE ~talc'
Address for Notice:
PM- 3J\ q , Q - &l .CD ,-31
County Comissioner:
Board of Weld County Commissioners
a
By: `----)
Name: David E. L MAY 2 3 2007
Title: Chair
Address for Notice:
915 10th Street, Greeley, CO 80631
Social Services Director:
IA,ZRI.cQ l Du44,4- soc t t1Yc/LI caJ
a
By:
Na
Title: �v-e c sties
Address for Notic
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w:omni/continuing services agreement vI 3
&WV-/566
Healthy 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.
4. Refund for Unused and Returned School Surveys
OMNI will refund the Client for the unused and returned school survey booklets at a rate of$1 per booklet.
OMNI will refund the Client for survey booklets that are both unused and returned to OMNI,however OMNI is
not responsible for the cost to return the unused survey booklets.The Refund Amount will be set at a rate of$1
per booklet. The Refund Amount will be set forth in detail upon return of unused survey booklets and payment
of the Refund Amount will be credited upon the Client's receipt of the school survey report.
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Healthy Kids Colorado Survey—SPF SIG
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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
(Budget)
Survey
Number Instrument
of Costs @ $2.00
Students per student Total Cost
Chappelow Middle School 264 528.00 528.00
Franklin Middle School 673 1,346.00 1,346.00
Heath Junior High School 882 1,764.00 1,764.00
Maplewood Middle School 507 1,014.00 1,014.00
Winograd Elementary School 95 190.00 190.00
Brentwood Middle School 628 1,256.00 1,256.00
John Evans Junior High School 757 1,514.00 1,514.00
Hoff Elementary School 30 60.00 60.00
Weld Central Senior High School 415 830.00 830.00
Weld Central Junior High School 366 732.00 732.00
Lochbuie Elementary School 55 110.00 110.00
Hudson Elementary School 45 90.00 90.00
Platte Valley High School 245 490.00 490.00
Platte Valley Middle School 225 450.00 450.00
South Valley Middle School 185 370.00 370.00
Valley High School 450 900.00 900.00
North Valley Middle School 275 550.00 550.00
Windsor Middle School 549 1,098.00 1,098.00
Windsor High School 292 584.00 584.00
Total Cost $13,876.00
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Healthy Kids Colorado Survey—SPF SIG
EXHIBIT C
(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—SPF SIG
EXHIBIT D
(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.
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