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Home My WebLink About20041107.tiff RESOLUTION RE: APPROVE GRANT CONTRACT FOR PLATICAS PROJECT FOR BREAST CANCER AND AUTHORIZE CHAIR TO SIGN 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 Cancer 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 Colorado Department of Public Health and Environment,commencing April 1, 2004,and ending March 31,2005,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, that the Grant Contract for the Platicas Project for Breast Cancer 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 Colorado Department of Public Health and Environment 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 12th day of April, A.D., 2004, nunc pro tunc April 1, 2004. BOARD OF COUNTY COMMISSIONERS LD COUNTY, COLORADO Robert D. Masden, Chair I . _=;erk to the Board 7,„_}7 l4 William H erke, Pro-Tem Clerk to the Board = M. . Geile AP AS T a OC <" David Long n amity ttorney Glenn Vaad Date of signature: y� L 2004-1107 HL0031 ge : L 0 c GRANT CONTRACT The Susan G. Komen Breast Cancer Foundation THE NORTH COLORADO AFFILIATE OF THE SUSAN G. KOMEN BP.EAST CANCER FOUNDATION,INC. GRANT CONTRACT PERIOD OF GRANT: April 1, 2004 -March 31, 2005 GRANTEE: Weld County Department of Public Health and Environment PROJECT DIRECTOR: Olivia Martinez, Health Education Specialist PROJECT TITLE: Weld County Platicas Project for Breast Cancer The North Colorado Affiliate of the Susan G. Komen Breast Cancer Foundation, Inc. ("Komen Affiliate') does hereby grant Weld County Department of Public Health and 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 ("Breast Cancer Project") 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 he 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, 2005, except that the provisions of Sections 5, 6, 7, 8, 9, 10, 12, and 13 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 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. Progress reports every six months during the Grant period. Reports will be due on October 1, 2004 using the outline attached to the Grant Contract as Exhibit "B" and made a part hereof for all purposes. Reports 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 this Project, copies or examples of any materials produced as a result of this 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 date 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. The Final Report must include an accounting of the Grant Funds expended during the term of this Grant Contract; C. Any and all surveys submitted by Komen Affiliate to Grantee for completion regarding this Grant. D. In the event that Grantee does not provide Komen Affiliate with the above-referenced reports and surveys in a timely manner, Komen shall be entitled to a full reimbursement of the funds granted hereunder. 4. Grant Payments: Grant Funds shall be payable in two equal installments of $5,000 each. The first payment shall he made to Grantee upon receipt by Komen Affiliate of this Grant Contract executed by both parties, and the second payment shall be made to Grantee after Komen's receipt of a satisfactory six-month progress report. 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 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 he 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 or 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 develop 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 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. In the event that Grantee breaches its representations and warranties under this Agreement, Grantee acknowledges and agrees that this Agreement may be terminated early under Section 2 and the funds granted hereunder subject to full reimbursement. 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. Arbitration: The parties will arbitrate any dispute, claim or controversy relating to or arising out of this Grant Contract. Any party may initiate arbitration by giving written notice to the other party of an intention to arbitrate and by filing with the regional office of the American Arbitration Association located in Greeley, Colorado three copies of such notice and three copies of the Grant Contract together with the appropriate filing fee. Such notice shall contain a statement setting forth the nature of the dispute and the remedies sought. The arbitration shall be conducted in Greeley, Colorado in accordance with the rules of the American Arbitration Association in effect at the time the notice to arbitrate is served. The arbitrator's decision will be final and binding on the parties. The parties acknowledge and agree that, notwithstanding the provisions of this section, nothing in this Grant Contract shall be construed to require Komen Affiliate (or the Foundation) to arbitrate any claim arising out of the provisions of Section 5 and Section 9, which shall be enforceable by any court of competent jurisdiction. 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: This Grant Contract shall be governed by and construed in accordance with the laws of the State of Colorado. 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 ACCEPTED BY: The North Colorado Affiliate of The Susan G. Komen Breast Cancer Foundation, Inc. D. s//D y Julie Truj' Date Affiliate President Weld County Department of Health and Environment 04/12/2004 (Signature) Date Name (typed): Robert D. Masden Chair s Title:Chairman, Board of Weld C©uthey 'Comm sCioners WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND,,NVIENT, Attachments to grant contract BY:lit/ IA-1\1I?((CO-- (Li ExlimrrA: Grant Application Mark E. Wallace. MD. MPH-Director ExHmrr B: Outline for Progress Report Emma C: Outline for Final Report •� ATTEST: / , �;-_.; WELD COUNTY CLER C DEPUTY CLERK TO UN of ea v- //G'7 res Memorandum TO: Robert D. Masden, Chair Board of County Commissioners • From: Mark E. Wallace, MD, MPH, Director COLORADO Department of Public Health and Environment n ( ��. DATE: April 7, 2004 , SUBJECT: Susan G. Komen Breast Cancer Foundation Contract Enclosed for Board review and approval is a contract between Weld County Department of Public Health and Environment (WCDPHE) and the Susan G. Komen Breast Cancer Foundation. This contract will provide continuation funding to provide one-on-one and small group education and information about breast cancer prevention and screening. For the time period April 1, 2004 through March 31, 2005, the Susan G. Komen foundation will reimburse Weld County up to $10,000 for these services. I recommend your approval of the contract. Enc. 2004-1107 Hello