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Home My WebLink About20211707.tiffRESOLUTION RE: APPROVE LICENSE AGREEMENT FOR VARIOUS PROGRAMS AND AUTHORIZE CHAIR TO SIGN - THE 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 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, Area Agency on Aging, and The Self -Management Resource Center, commencing July 1, 2021, and ending July 1, 2024, 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 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, Area Agency on Aging, 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 30th day of June, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:da�:�tr/i! Je:4 Weld County Clerk to the Board By:21/ / I V eputy Clerk to the Boar ��r.••. County Attorney Date of signature: O7/IN /2 - Steve Moreno, Chair EXCUSED cc: HSD o7/iq/21 2021-1707 HR0093 PRIVILEGED AND CONFIDENTIAL MEMORANDUM n+ract _o tPLID DATE: June 22, 2021 TO: Board of County Commissioners — Pass -Around FR: Jamie Ulrich, Director, Human Services RE: Area Agency on Aging (AAA) Self -Management Resource Center (SMRC) License Agreement Please review and indicate if you would like a work session prior to placing this item on the Board's agenda. Request Board Approval of the Department's Area Agency on Aging (AAA) Self - Management Resource Center (SMRC) License Agreement. The Weld Aging Well Program under the Area Agency on Aging (AAA) offers several Chronic Disease Self -Management series workshops to older adults throughout Weld County. In order to continue these programs, the Department must renew a license from the Self -Management Resource Center to use the programs. The classes that are offered by the Weld Aging Well program under this license agreement include Chronic Disease Self -Management Program (CDSMP), Diabetes Self - Management Program (DSMP), Manejo Personal De la Diabetes (SP DSMP), and Tomando Control de su Salud (SP CDSMP). The Department is requesting to again enter into an Agreement for these services for the period July 1, 2021 through July 1, 2024. This Agreement was reviewed and approved by G. Kalousek. I do not recommend a Work Session. I recommend approval of this Agreement and authorize the Chair to sign. Perry L. Buck Mike Freeman Scott K. James, Pro-Tem Steve Moreno, Chair Lori Saine Jr" Approve Schedule Recommendation Work Session Other/Comments: Pass -Around Memorandum; June 22, 2021— CMS 4882 Page 1 2021-1707 NRoOg3 Public Agency or Non -Profit SMRC Self -Management Resource Center License Agreement Between Weld County Department of Human Services, Area Agency on Aging and the Self -Management Resource Center for Internal Use by Weld County Department of Human Services, Area Agency on Aging 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 Department of Human Services, Area Agency on Aging ("Weld County"), a public agency or nonprofit organization having a principal place of business at PO Box 1805, Greeley, CO 80631 is effective on 1st day of July 2021 ("Effective Date"). Background: 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 Weld County permission to use the Programs internally to deliver Workshops to participants and to train Leaders. Workshops are 2.5 hours per session, 1 session for 6 weeks given by two trained Leaders one of both of whom are not health professionals with chronic disease themselves. Weld County 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 Weld County permission to use the Programs listed below ("Programs") under the terms and conditions described in this Agreement: A. Building Better Caregivers (BBC), B. Cancer: Thriving and Surviving (CTS), C. Chronic Disease Self -Management Program (CDSMP)*, D. Chronic Pain Self -Management Program (CPSMP), E. Diabetes Self -Management Program (DSMP), F. Manejo Personal de la Diabetes (SP DSMP), G. Positive Self -Management Program (HIV), and H. Tomando Control de su Salud (SP CDSMP). * includes Workplace CDSMP (wCDSMP) which is offered as 2 one hour sessions over 6 weeks. 2. Weld County agrees to use the Programs for its internal educational and research purposes. Internal educational purposes are limited to: a. Workshops given by Weld County's employees and volunteers. Volunteer is defined as an individual who is not compensated, or compensated to cover expenses, by any organization for the time to give, administer or facilitate 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. Self -Management Resource Center PO Box 219 Aptos CA 95001. USA www.selfmanagementresource.com • licensing@selfmanagementresource.com Page 1 ..2o,.2./ - /70 7 ii. Virtual Video Workshops via Online Platforms. Weld County 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. Weld County may only give Workshops within the Territory specified in Article 4 below. b. Leader trainings given by Weld County's employees and volunteers. Volunteer is defined as an individual who is not compensated or compensated via a modest stipend or as required by law, by any organization for the time to give, administer or facilitate the Programs. If Weld County trains Leaders outside of Weld County's organization, Weld County 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. Weld County's may only give Leader Trainings within the Territory specified in Article 4 below. c. Master Trainings Are Not Part of this Agreement. SMRC must be contacted before the offering of any Master Trainings at least three months in advance attraining@selfmanagementresource.com. For information on offsite Master Training fees, refer to training fees page on the SMRC website https://www.selfmanagementresource.com/training/training-fees/ Weld County 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 July 1, 2021 through July 1, 2024. 4. Territory. Weld County may only offer Workshops and Leader Trainings in Weld County in the State of Colorado ("Territory"). The Territory may not be outside Weld County's catchment area, the town or city which Weld County serves. If an organization, participant or leader outside of your catchment area or defined Territory contacts Weld County for Virtual Workshops or Virtual Leader Training, please contact licensing@selfmanagementresource.com prior to providing any service to that party. 5. Yearly Reports. Weld County agrees to submit yearly reports online on the anniversary of this Agreement to SMRC detailing Weld County's dissemination of the Programs. Weld County will report the number of Workshops and Leader Trainings given: a. Specifically, Weld County will report the number of Workshops given for each Program, the start date of each Workshop, the number of attendees for each Workshop and the number of attendees who completed 4 or more Workshop 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 Weld County has trained any Leaders, Weld County will submit the number of Leader Trainings for each Program, the start date of each Leader Training, the number of Leaders trained in each Leader Training and how many of the trained Leaders are active (facilitating Workshops). Lack of compliance with timely annual reporting constitutes breach of this Agreement. 6. Fees. In consideration of the permission granted above, Weld County agrees to pay a license fee of $500.00 USD no later than 30 days from the Effective Date of this Agreement. Weld County may give up to 20 combined workshops and 2 Leader Trainings during the term of this Agreement. If Weld County has given in excess of 20 workshops and/or 2 Leader Trainings, Weld County must contact SMRC at licensing@selfmanagementresource.com . 7. Materials Marking & Reproduction of Materials. Weld County 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 1980 - 2021. All rights reserved. All or portions of this material include copyrighted materials belonging Self -Management Resource Center PO Box 219 Aptos CA 95001 USA www.selfmanagementresource.com • licensing@selfmanagementresource.com Page 2 to the 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. 8. 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 for chronic conditions include programs for Pain, Diabetes, Chronic Conditions a Self Management Resource Program." b. When describing a single Program "Weld County's program name" a Self Management Resource Program with the SMRC" with logo appropriately placed on the same page. 9. Weld County may not create derivatives of the Programs without the express written permission of SMRC. Weld County may not otherwise commercially exploit the Programs or any material derived from or based upon the Programs. Weld County will allow SMRC or its designee to examine Weld County's records to verify payments made by Weld County under this Agreement. 10. Weld County 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. Weld County agrees that it will not advertise any program or content in such a way that it may be confused with Programs. Weld County 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. 11. If Weld County wants to collaborate with another organization to offer training, Program materials, or any other use of the Programs, Weld County should contact SMRC to ensure that the intended use is permitted and the organization has a current license agreement with SMRC. 12. When working with any other organization, Weld County 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 Weld County? b. Are the Master Trainers (trainers of Leaders), T -Trainers (trainers of Master Trainers) or Leaders, Employees or Volunteers of the Weld County? c. Is Weld County organization's name and/or logo on all advertising and materials? d. Are the names of all participants sent to your Weld County? e. Is Weld County responsible for quality control and all liability for this workshop? If Weld County 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, www.selfmanagementresource.com 13. 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. Self -Management Resource Center PO Box 219 Aptos CA 95001 USA www.selfmanagementresource.com • licensing@selfmanagementresource.com Page 3 14. Weld County 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. 15. SMRC may terminate this Agreement immediately upon written notice to Weld County in the event Weld County or any Weld County personnel uses, discloses or reproduces the Program materials in any manner not permitted by this Agreement. SMRC may also terminate this Agreement if Weld County is in breach of any clause, fails to submit reports in a timely manner or fails to adhere to fidelity standards as outlined in the SMRC Fidelity Manual available on the SMRC website https://www.selfmanagementresource.com/resources/ 16. Weld County 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 Weld County or to any third party as a result of its use of the Programs, and Weld County will indemnify and hold SMRC harmless from any claims related to Weld County's use of the Programs. 17. To facilitate referrals from individuals looking for organizations providing Workshops, Weld County agrees that SMRC may publish the name of Weld County and the organization's contact information, state and that Weld County has a license to the Programs on the SMRC website, the Evidence -Based Leadership Council (EBLC) website and related materials. Weld County will not be used in a promotional manner. Please provide the general contact information you would like the public to see on our website: Weld County Area Agency on Aging Whitney Janzen-Pankratz (Wellness Program Coordinator) Phone Number: (970) 400-6117 Email: wianzen-pankratz@weldgov.com Website: www.weldaaa.org Weld County Department of Human Services, Area Agency on Aging 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: Title: Date: ATTEST: Weld BY: Steve Moreno, Chair Board of Weld County Commissioners JUN 3 0 2021 .arlia.0 V.Zho;c1 Clerk to e Board Deputy Cl:J k License ID#: 50481 Self -Management Resource Center PO Box 219 Aptos CA 95001 USA www.selfmanagementresource.com • licensing@selfmanagementresource.com Page 4 &2,2�--/ 707 Contract Form New Contract Request Entity Information Entity Name* Entity ID* SELF -MANAGEMENT RESOURCE ?O0039642 CENTER LLC ❑ New Entity? Contract Name* Contract ID SELF -MANAGEMENT RESOURCE CENTER (LICENSE 4882 AGREEMENT) Contract Status CTB REVIEW Contract Lead* COBB.XXLK Contract Lead Email cobbxxlk,gco.weld.co.us Parent Contract ID Requires Board Approval YES Department Project # Contract Description* LICENSE AGREEMENT FOR SELF -MANAGEMENT RESOURCE CENTER (SMRC) PROGRAMMING. TERM: JULY 1, 2021 THROUGH JULY 1, 2024 Contract Description 2 PA ROUTING THROUGH NORMAL APPROVAL PROCESS. ETA TO CTB 6?24,`21. BOCC 6i 30j21 AGENDA PLACEHOLDER HAS BEEN REQUESTED FOR THIS ITEM. Contract Type* AGREEMENT Amount* $ 500.00 Renewable* NO Automatic Renewal Grant IGA Department Requested BOCC Agenda Due Date HUMAN SERVICES Date* 06 26:2021 06x30;2021 Department Email CM- HumanServices,gweldgov.co m Department Head Email CM-HumanServices- DeptHeadweldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COU NTYATTORN EY.TWELDG OV.COM 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 On Base Contract Dates Effective Date Review Date* 05©1;2024 Renewal Date Termination Notice Period Contact Information Contact Info Contact Name Purchasing Purchasing Approver Approval Process Department Head JAMIE ULRICH DH Approved Date 06/24/2021 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 06,,30/2021 Originator COBBXXLK Committed Delivery Date Expiration Date* 07;01 ,+2024 Contact Type Contact Email Contact Phone 1 Contact Phone 2 Finance Approver BARB CONNOLLY Purchasing Approved Date Legal Counsel GABE KALOUSEK Finance Approved Date Legal Counsel Approved Date 06/25;2021 06'25;2021 Tyler Ref AG 063021 Hello