Loading...
HomeMy WebLinkAbout20241873.tiffRESOLUTION RE: APPROVE LICENSE AGREEMENT FOR VARIOUS EDUCATION AND TRAINING PROGRAMS, AND AUTHORIZE CHAIR TO SIGN - SELF -MANAGEMENT RESOURCE CENTER 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 License Agreement for Various Education and Training Programs 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 the Self -Management Resource Center, commencing July 1, 2024, and ending July 1, 2027, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, 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 License Agreement for Various Education and Training Programs 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 the Self -Management Resource Center, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of July, A.D., 2024, nunc pro tunc July 1, 2024. BOARD OF COUNTY COMMISSIONERS ATTEST: ddriwo x -14.;,,k. Weld County Clerk to the Board BY • (AWL � Deputy Clerk to the Boar AP' ' OVED A Cou orney Date of signature: WELD COUNT Ke Perry L. `�'ck, Pro-Tem Mike Freeman EXCUSED Scott K. James '/4.1‘1‘' Lori Saine cc: HST) 010 4/24 2024-1873 HR0096 Con+vac+ I Da SLI-53 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: License Agreement between Self -Management Resource Center and Weld County Area Agency on Aging DEPARTMENT: Human Services DATE: June 25, 2024 PERSON REQUESTING: Jamie Ulrich, Director, Human Services Brief description of the problem/issue: The Department has contracted with Self -Management Resource Center since 2020 which allows the Weld County Area Agency on Aging (AAA) permission to use their programs for internal educational and research purposes for Workshops and Leader Trainings. The specific program areas include, but are not limited to, Chronic Disease Self -Management and Diabetes Self - Management. The Department is now requesting to enter into an updated License Agreement for the term July 1, 2024 through July 1, 2027. What options exist for the Board? • Approval of the License Agreement with Self -Management Resource Center. • Deny approval of the License Agreement with Self -Management Resource Center. Consequences: There will not be a License Agreement with Self -Management Resource Center. Impacts: The Department will not be able to continue to provide Workshop or Leader Trainings to employees and volunteers. Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): • Total cost: > $550.00/year. > Fund by the Older Americans Act (OAA) grant program. Pass -Around Memorandum; June 25, 2024 — CMS ID TBD 2024-1873 Recommendation: • Approval of the License Agreement and authorize the Chair to sign. Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: Perry L. Buck, Pro -Tern Mike Freeman Scott K. James Kevin D. Ross, Chair Lori Saine ef Pass -Around Memorandum; June 25, 2024 - CMS ID TBD SMRC - Self -Management Resource Center SMRC Self -Management Resource Center PO Box 219 Aptos CA 4500= United Stated o* America smrc@selfmanagementresource.com (650}242-6D4Q License Agreement Between Licensee and the Self -Management Resource Center for Internal Use by NonProfit Organizations & Public Agencies This Agreement between THE SELF -MANAGEMENT RESOURCE CENTER ("SMRC"), a California company having powers under the laws of the State of California, and WELD COUNTY AREA AGENCY ON AGING ("Licensee"), a public agency or nonprofit organization having a principal place of business at 315 N. 11TH AVENUE, BUILDING A, GREELEY - COLORADO - 80631 UNITED STATES (US) is effective on 1st day of July, 2024 ("Effective Date"). SMRC has evidence -based Programs for people with chronic conditions, cancer survivors, and caregivers. In addition, SMRC has training programs for Leaders and Trainers. The Programs developed at Stanford University span over 35 years of research and include methodologies, strategies, and structure for successful self -management that has been validated and shown efficacy. SMRC grants permission to Licensee to use the Programs internally. Licensee must ensure that Program Leaders have received training for the specific Program(s) selected and adhere to the fidelity standards. The Parties agree as follows: 1. SMRC grants Licensee permission to use the Programs listed below ("Programs") under the terms and conditions described in this Agreement: A. Chronic Disease Self -Management Program (CDSMP) *includes Workplace CDSMP (wCDSMP) B. Tomando Control de su Salud (SCDSMP) C. Diabetes Self -Management Program (DSMP) D. Manejo Personal de la Diabetes (SDSMP) 2. Licensee agrees to use the Programs for its internal educational and research purposes. Internal educational purposes are limited to: a. Workshops given by Licensee's employees and volunteers. Volunteer is defined as an individual who is notcompensated, or compensated to cover expenses, by any organization for the time to give, administer orfacilitate the Programs. I. In person Workshops. Traditionally Workshops have been given in person and may still be delivered that way at the discretion of the organization and local guidance. II. Virtual Video Workshops via Online Platforms. Licensee may deliver Workshops using real time online platforms such as Zoom ("Virtual Workshops"). SMRC has developed resources to facilitate this, please see the SMRC website for resources. Licensee may only give Workshops within the Territory specified in Article 4 below. b. Leader Trainings given by Licensee's employees and volunteers. Volunteer is defined as an individual who is not compensated by any organization for the time to give, administer or facilitate the Programs. If Licensee trains Leaders outside of Licensee's organization, Licensee must verify that the third party trainee(s) organization has a valid License. If the trainee(s) organization does not have a valid license they must first obtain a license from SMRC. Licensee may only give Leader Trainings within the Territory specified in Article 4 below. c. Master trainings are not a part of this Agreement. All Master Trainers must be trained through SMRC. Training dates are displayed on SMRC website's Training Calendar. d SMRC For Internal Use by Non Profit Organizations Public Agencies Page d SIABC - Self -Management Resources Center - Copyright: %, 2024 smrc@selfmanagementresource.com - f650) 242-8040 PO Box 219. Autos CA 35001. United States of Amer ca ,2o,24/ /S 73 Licensee may not use the Programs except as expressly described in this Agreement. SMRC retains all rights not expressly granted under this Agreement. 3. Term. This Agreement will be effective from 1st day of July, 2024 through 1st day of July, 2027. 4. Territory. Licensee may only offer Workshops and Leader Trainings in Weld County (CO) . The Territory may not be outside Licensee's catchment area, the town or city which Licensee serves. If an organization, participant or Leader outside of your catchment area or defined Territory contacts Licensee for Virtual Workshops or Virtual Leader Training, please contact licensing@selfmanagementresource.com prior to providing any service to that party. 5. Yearly Reports. Licensee agrees to submit yearly reports on the anniversary of this Agreement to SMRC detailing Licensee's dissemination of the Programs. Licensee must submit reports by completing the online form on the SMRC Member portal. Licensee will report the number of Workshops and Trainings given: a. Specifically, Licensee will report the number of Workshops given for each Program by delivery mode, the number of attendees who attended at least one session and the number who completed 4 or more sessions. Virtual Workshops via Zoom or any other online platform count as a Workshop. For Mailed Toolkits combined with weekly telephone contact, two cohorts of 3-6 participants count as 1 Workshop. b. If Licensee has trained any Leaders, Licensee will submit the number of Leader Trainings, Update Trainings, and Cross-Trainings for each Program by delivery mode, and the number of Leaders trained by delivery mode. c. Licensee will submit the number of active (facilitating Workshops or Trainings) Leaders and Master Trainers operating under the License by Program and delivery mode. Lack of compliance with timely annual reporting constitutes breach of this Agreement. Annual reports that are more than 60 days late will be assessed a fee of $100 USD. 6. Fees. In consideration of the permission granted above, Licensee agrees to pay a license fee of $550 USD no later than 30 days from the Effective Date of this Agreement. a. Late payments will be subject to a monthly late fee after 60 days past the due date up to a maximum of $300. b. If payment is not received within 6 months of the Effective Date, the license will be considered terminated. Licensee will cease all use of SMRC content. c. Licensee agrees to bear the entire cost of any registrations, services, or other costs necessary to comply with any of Licensees required procurement process. Licensee must notify SMRC of any special procurement requirements prior to entering into this Agreement. d. Any such special procurement fees will be invoiced in addition to the fees due under this Agreement in addition to an overhead fee based on the time necessary to collect the fees due under this Agreement. e. All wires should reference the Invoice number and will be assessed a wire fee. 7. Workshops & Trainings. Licensee may give up to combined workshops and Leader trainings during the term of this Agreement. If Licensee has given in excess of workshops and/or Leader trainings, Licensee must contact SMRC at licensing@selfmanagementresource.com. 8. Materials Marking & Reproduction of Materials. Licensee can only reproduce and distribute the Programs for the sole purpose of administering the Programs for internal educational purposes. All training materials and manuals that are produced must include the following notice on the inside cover: "© Self -Management Resource Center, LLC. 1980 - 2024. All rights reserved. All or portions of this material include copyrighted materials belonging to Self -Management Resource Center. To obtain a license please contact the Self -Management Resource Center at licensing@selfmanagementresource.com." All Program materials must display the following subtitle "An SMRC Evidence -Based Self -Management Program originally developed at Stanford University" and the SMRC logo. Any other use of the Programs in whole or part is prohibited. A reproduction of this Agreement must be inserted into all manuals at the place indicated in the manual. License Agreement Between Licensee and SMRC for internal Use by NonPro`t Organizations & Pudic Agencies Page 2 SNi!PC - Selh-Managernent Re sou . es Center - Copyright it 2024 smrc@selfmanagementresource.com - (650, 242-8040 PO Box 219, Apt, .-k 95001. United States o? America 9. Advertising & Marking. All advertising materials including but not limited to flyers, emails and any websites used to describe the Programs or their dissemination must include the SMRC logo and subtitle to reflect that the program or content being offered is/are the SMRC Programs. It must be clear that the Programs that are being delivered are owned by SMRC. For example, if the Program title has been modified, the SMRC Subtitle and SMRC logo must also be included and displayed. For example: a. When describing all the SMRC Programs offered: "Self -Management Programs include programs for general Chronic Conditions, Pain, Diabetes, Cancer, HIV, and Caregivers are Self -Management Resource Center Programs." with the SMRC logo appropriately placed on the same page. b. When describing a single Program "Licensee's program name" a Self -Management Resource Center Program" with the SMRC logo appropriately placed on the same page. 10. Licensee may not create derivatives of the Programs without the express written permission of SMRC. Licensee may not otherwise commercially exploit the Programs or any material derived from or based upon the Programs. Licensee will allow SMRC or its designee to examine Licensee's records to verify payments made by Licensee under this Agreement. 11. Licensee agrees not to create any programs or content based on the Programs, including but not limited to anything that uses the same table of contents, methodologies, strategies or structure or might otherwise be confused with the Programs. Licensee agrees that it will not advertise any program or content in such a way that it may be confused with Programs. Licensee agrees to contact SMRC prior to any reproduction or distribution of the Programs or any material derived or adapted from the Programs outside the scope of this Agreement or any use not specifically granted in this Agreement. 12. If Licensee wants to collaborate with another organization to offer training, Program materials, or any other use of the Programs, Licensee should contact SMRC to ensure that the intended use is permitted and the organization has a current license Agreement with SMRC. 13. When working with any other organization, Licensee will use these questions to help determine if the other organization needs a license: a. Was the Training for the Leaders of this Workshop supplied by the Licensee? b. Are the Master Trainers (trainers of Leaders) or Leaders Employees or Volunteers of the Licensee? c. Is Licensee's name and/or logo on all advertising and materials? d. Are the names of all participants sent to Licensee? e. Is Licensee responsible for quality control and liability for this Workshop? If Licensee has answered "No" to any of these questions, the organization needs to obtain a license to the Programs. To obtain a license contact the Self -Management Resource Center at PO Box 219, Aptos CA 95001 USA, Email: licensing@selfmanagementresource.com, Ph: (650) 242-8040 ext 406, https://selfmanagementresource.com 14. The permission granted in this License Agreement extends only to the current version of the Programs available as of the Effective Date of this Agreement and not to any subsequent versions of the Programs. 15. Licensee agrees that any prior license agreements or permissions to use, distribute, reproduce and perform any portions of the Programs or any previous versions of the Programs are hereby terminated and superseded in their entirety by this Agreement. Both parties agree that no further rights survive from such superseded license Agreements or permissions. The terms of this Agreement supersede the terms of any other Agreement or purchase order. 16. Termination. SMRC may terminate this Agreement if Licensee is in breach of any provision in this Agreement. e ttgrPemenc rse Licensee and SMPIC for Internal Use by Non Profit Organizations & Public Agencies Page 3 SF1RC - Self -Management Resources Center - Copyright 2024 smrc@selfmanagementresource.com - {650) 242-6040 PC Box 319, Apt.s CA 95001. United States of America a. This Agreement will be considered terminated without further notice if Licensee fails to remit the payment due under Section 6 of this Agreement within 6 months of the Effective Date of this Agreement. Licensee will cease all use of SMRC Programs. b. In the event Licensee or any Licensee personnel uses, discloses or reproduces the Program materials in any manner not permitted by this Agreement, SMRC may terminate this Agreement immediately upon written notice to Licensee. 17. SMRC may also terminate this Agreement if Licensee fails to submit reports in a timely manner or fails to adhere to fidelity standards as outlined in the SMRC Implementation and Fidelity Manual available on the SMRC website: https://selfmanagementresource.com/resources/ is. Licensee will use the Programs at its own risk, and SMRC does not represent that the Programs are accurate or up-to-date. SMRC will have no liability to Licensee or to any third party as a result of its use of the Programs, and Licensee will indemnify and hold SMRC harmless, to the extent permitted under Colorado Law, from any claims related to Licensee's use of the Programs. 19. To facilitate referrals from individuals looking for organizations providing Workshops, Licensee agrees that SMRC may publish the name of Weld County Area Agency on Aging and the organization's contact information, state and that Licensee has a license to the Programs on the SMRC website, the Evidence -Based Leadership Collaborative (EBLC) website and related materials. Weld County Area Agency on Aging will not be used in a promotional manner. LICENSEE I certify that my organization is a not -for profit organization or a public agency and agree to the terms and conditions above. By: NAME: Kevin D. Ross LICENSE ID: 2421 TITLE: Chair, Weld County Board of Commissioners DATE:/�j ATTES'�d '"�� By: License Agreernent Between Licensee and SIARC for Internal Use by Nonprofit Organizations & Public Agencies Page 4 SMRC - Self -Management. Resources Center - Copyright 2024 smrc@selfmanagementresource.com - i6501 242-8040 PC Box 219. Autos CA 95001. United States c` America I7&2E L /173 t ct Entity Information Entity Name" Entity ID* SELF -MANAGEMENT RESOURCE @00039642 CENTER LLC Contract Name* SELF -MANAGEMENT RESOURCE CENTER (LICENSE AGREEMENT) Contract Status CTB REVIEW O New Entity? Contract ID 8453 Contract Lead * COBBXXLK Contract Lead Email cobbxxlk@co.weld.co.us Parent Contract ID Requires Board Approval YES Department Project # Contract Description NEW LICENSE AGREEMENT WITH SELF -MANAGEMENT RESOURCE CENTER FOR INTERNAL USE OF PROGRAM MATERIAL FOR CHRONIC DISEASE SELF-MANAGEMENT,WORKSHOPS, AND LEADER TRAININGS. COST IS $550.00 /YEAR. Contract Description 2 TERM OF AGREEMENT IS JULY 1 , 2024 THROUGH JULY 1 , 2027. Contract Type * AGREEMENT Amount" $550.00 Renewable * YES Automatic Renewal Grant IGA Department HUMAN SERVICES Department Email CM- HumanServices@weldgov. com Department Head Email CM-HumanServices- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL DGOV.COM Requested BOCC Agenda Date * 07/10/2024 Due Date 07/06/2024 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Review Date 05/01/2025 Renewal Date* 07/01/2025 Committed Delivery Date Expiration Date Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel JAMIE ULRICH CHERYL PATTELLI BYRON HOWELL DH Approved Date Finance Approved Date Legal Counsel Approved Date 07/01/2024 07/02/2024 07/02/2024 Final Approval BOCC Approved Tyler Ref # AG 071024 BOCC Signed Date Originator COBBXXLK BOCC Agenda Date 07/10/2024 Houstan Aragon From: Sent: To: Subject: noreply@weldgov.com Tuesday, June 24, 2025 7:40 AM CM-ClerktoBoard; Lesley Cobb; CM-HumanServices-DeptHead Fast Tracked Contract ID (9678) Contract # 9678 has been Fast Tracked to CM -Contract Maintenance. You will be notified in the future based on the Contract information below: Entity Name: SELF -MANAGEMENT RESOURCE CENTER LLC Contract Name: SELF -MANAGEMENT RESOURCE CENTER (LICENSE AGREEMENT) Contract Amount: $550.00 Contract ID: 9678 Contract Lead: COBBXXLK Department: HUMAN SERVICES Review Date: 5/1/2026 Renewable Contract: YES Renew Date: 7/1/2026 Expiration Date: Tyler Ref #: Thank -you Conkvack�n�91°�� as;-�vack CZ-e2v,oed Zba.4-1 - 1 X73 Houstan Aragon From: Sent: To: Cc: Subject: Attachments: Good morning CTB, FAST TRACK ITEM: Lesley Cobb Tuesday, June 24, 2025 7:40 AM CTB HS -Contract Management FAST TRACK - Self -Management Resource Center License Agreement (Tyler ID 2024-1873) Self Management Resource Center License Agreement 6.24.25 (e).pdf Attached please find the Self -Management Resource Center License Agreement (Tyler ID 2024- 1873). This term date of this agreement is through July 1, 2027 and is reviewed on a yearly basis. No changes are required to this agreement at this time. This will be a Fast Track item in CMS for tracking purposes only (CMS#9678). Thank you, AtamdAP Lesley Cobb Contract Management and Compliance Supervisor Department of Human Services Desk: 970-400-6512 P.O. Box A, 315 North 11" Avenue, Greeley, CO 80632 0 x GOO Join OW Teem IMPORTANT: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. Hello