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Home My WebLink About20193384.tiffRESOLUTION RE: APPROVE AGREEMENT FOR PROFESSIONAL SERVICES AND AUTHORIZE CHAIR TO SIGN - SIGMA TACTICAL WELLNESS 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 an Agreement for Professional 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 Human Resources, and Sigma Tactical Wellness, commencing upon full execution of signatures, and ending June 30, 2020, 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 Agreement for Professional 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 Human Services, and Sigma Tactical Wellness, 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 29th day of July, A.D., 2019. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: d.„.44) Weld Co ty Clerk to the Board ty Attorney Date of signature: ©8'/o7/ .c.. - the �-- arbara Kirkmeye , Chair Steve Moreno cc: HRCPR) 2019-3384 PE0033 WELD COUNTY AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY & SIGMA TACTICAL WELLNESS THIS AGREEMENT is made and entered into this 24th. day of June 2019, by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and Sigma Tactical Wellness, , who whose address is 2009 Ranch Road 620N, Austin, TX 78734, hereinafter referred to as "Contractor". WHEREAS, County desires to retain Contract Professional as an independent Contract Professional to perform services as more particularly set forth below; and WHEREAS, Contract Professional has the ability, qualifications, and time available to timely perform the services, and is willing to perform the services according to the terms of this Agreement. WHEREAS, Contract Professional is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibit A which forms an integral part of this Agreement. Exhibit A is specifically incorporated herein by this reference. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Project described in Exhibit A. 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County and shall continue through June 30, 2020. This contract may be extended annually for up to 5 years upon written amendment of both parties. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. 6. Compensation/Contract Amount. Upon Contractor's successful completion of the Project, and County's acceptance of the same, County agrees to pay an amount no greater than $700.00 per deputy, which is the amount set forth in Exhibit 2019-3384 A-1. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. 7. Independent Contractor. Contractor agrees that it is an independent Contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. 10. Confidentiality. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this agreement. 11. Warranty_ Contractor warrants that the services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. 12. Acceptance of Services Not a Waiver. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor. Acceptance by the County of, or payment for, the services completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance and Indemnification. Contractor shall procure at least the minimum amount of automobile liability insurance required by the State of Colorado for the use of any personal vehicle. Proof of said automobile liability insurance shall be provided to County prior to the performance of any services under this Agreement. Professional Liability (Errors and Omissions Liability) The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. Contract Professional shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services. In the event that the professional liability insurance required by this Contract is written on a claims -made basis, Contract Professional warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. Minimum Limits: Per Loss $ 1,000,000 Aggregate $ 2,000,000 14. Indemnity. The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. 15. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. 16. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 17. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 18. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. 19. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 20. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 21. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement state that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 22. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 23. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24- 10-101 et seq., as applicable now or hereafter amended. 24. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 25. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. r 26. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 27. Public Employment Retirement Program. Contractor is responsible for notifying Weld County of any previous participation in the Colorado Public Employee Retirement Program. Contractor must notify Weld county of the most recent employment for a PERA contributing employer. 28. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring an new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 29. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibit A, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this 24th day of June. 2019 CONTRACTOR: Sigma Tactical Wellness By: EDate June 24th 2019 Name: Benjamin Stone Title: CEO WELD COUNTY: ATTEST: j,% •..(C/14;ti Weld County Clerk to the Board BY: Deputy lerk to the APPROVED AS TO SUBSTANCE: APPROVED AS TO FUNDING: Oallai4gariortiA Controller Vlected OfficialV Department Head BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO APPROVED AS TO EO County Attorney rbara Kirkmey-r, Chair JUL 2 S 2019 X0/9- 33k� Exhibit A-1 2009 Ranch Road 620N Austin TX 78734 ben@sigmacoaching.com p. 501 358 2112 INDEPENDENT SCOPE OF SERVICES WELD COUNTY SHERIFF'S OFFICE Active 12 -Lead Electrocardiogram (EKG) - - Conducted on -site, elucidates any abnormal electrical activity in cardiac tissue which could be specific to heart disease: Costs: $185.00 Sigma Tactical Wellness Cardiometabolic Test - - Includes report, follow-up clinician consult, and dietary companion: Costs: $19a00 Comprehensive Physician Consult — 20min final consult that ties together 12 -Lead EKG, optional cardiac calcium score, and advanced lipid profile: Costs: $85.0 Advanced Lipid Profile — Comprehensive panel including immunology, complete blood count, cardio- inflammatory markers, and lipid NMR. Costs: $24a 0 TOTAL CHARGES PER SWORN OFFICER : $700.00 **SERVICES TO WCSO SPOUSES OFFERED AT A DISCOUNT OF 18.5%** ($57000) Quote established on: MAY 15 2019 Signor: CHARLES BENJAMIN STONE Health Vitality Exhibit A-2 2009 Ranch Road 620N Austin, TX 78 724 501 358 2112 ben©sigmacoaching. corn To Whom It Concerns, S igma Tactical Wellness has pioneered a new system of cardiac/metabolic screening correlating known risk factors, genetics, and occupational stressors that are characteristic of law -enforcement. Over the last 18mos, we have shown massive potential in eliminating the catastrophic effects of cardiovascular disease amongst first responders. S igma Tactical Wellness maintains exclusive rights to any and all intellectual property, methodologies, and care plans associated with services highlighted in this document. There are n o other outlets, distributors, or representatives of Sigma Tactical Wellness, and at this time, there are no licensees of products/services designed by Sigma Tactical Wellness. Our primary points of differentiation along with their brief descriptions of those items are as follows: Advanced Lipidology/Coronary Calcium: S igma Wellness has developed a comprehensive cardiac laboratory screening evaluation along with an individualized nutritional and exercise prescription. The screening consists of non- invasive imaging as well as advanced lipid panel testing to evaluate the early stages of the development of coronary disease and the inflammatory markers (PLA2) that can be used to predict the development of a heart attack. We then perform a cardiopulmonary/EKG exercise stress test on a stationary bicycle. This test measures functional capacity, the presence of any ischemia (lack of blood flow to the heart muscle) and allows us to use indirect calorimetry to develop a personalized diet and exercise component given to the officer at the time of physician consultation. Metabolic Analysis: S igma's unique approach uses Advanced Metabolic Testing (AMP) to assess precise nutritional status of each individual and prescribe key nutritional changes based on that person's individual goals. For law enforcement officers, nutritional status underwrites on -duty performance and can be the deciding factor between a routine arrest and a situation where the officer must rely on the u se of excessive force to overpower an assailant, which then places both the officer and assailant at risk for additional harm. Sigma's unique methodology gives each officer a perfect u nderstanding of how to fuel themselves, not only for on -duty performance, but will also lead to increased focus, alertness, less fatigue, and, in general, higher competency to perform the duties required regardless of the situation. Exercise and Nutritional Modification: Because the demands of law enforcement are so extreme, studies have shown that each decade of law enforcement effectively doubles each officer's risk for heart attack or stroke. With S igma's approach, officers are not only shown the effect of their current nutritional status, but they are guided by a licensed professional and taught which lifestyle modifications, based on results from Sigma's metabolic analysis, that are most effective in decreasing BMI, fatigue, and SIC -MA 2009 Ranch Road 620N Austin, TX 78724 501 358 2112 ben@sigmacoaching.com cardiovascular risk factors while realizing an increase in focus and on -duty adaptability. Additionally, because 56% of Colorado law -enforcement agents are obese, a strong emphasis on weight optimization will be included within the consultation. Medical Evaluation: Subsequent to all nutritional consults and blood analyses will be a direct consultation with a physician or licensed medical professional (physician's assistant/nurse practitioner). During this consultation, each officer will discuss health management strategies, any prescription medications being taken, and will set goals for improvements in nutrition and body weight, will discuss results of laboratory data, and set accountable steps towards improvement in individual areas of risk. Please contact me directly with any questions arising from statements contained within this document. My contact details can be found in the heading. We look forward to working with you. Benjamin Stone CEO Sigma Tactical Wellness Chubb BOP (business ;1c ;, ,ens Policy) Quote Number: 14136736 Account Sigt_ia Tactical Wellness LLC ent. WATKINS INSURANCE GROUP Producer Code: 100962 Wrir°, Company: ACE Property And Casualty Insurance Company Effective Date: 03/22/2019 - 03/22/2020 Quote Date: 03/20/2019 Comu ercial Liability Premium Commercial Property Premium Total Quoted Premium Optional Coverages (Included in Commercial Liability and / or Commercial Property Premium) Terrorism (Included in Commercial Liability and / or Commercial Property Premium) Liability premium is subject to annual audit. 1 eLlietip Described Premises aftp 2009 RANCH ROAD 620 N, Suite 214, LAKEWAY, TX 78734-2610 Limits Other than Products / Completed Operations Aggregate Products / Completed Operations Aggregate Liability and Medical Kxpenses Damage to Premises Rented to You Medical Expense Combined Total Aggregate 1 Classification Medical Office -Dieticians • 700 Area $889.00 5296.00 $1,1350OO $86700 $1200 • Premium 38 $4,000,000 S4,000,000 52,000,000 Per Occurrence 51,000,000 Any One Premise $5,000 Per Person $4,000,000 All Locations Combined 2009 RANCH ROAD 620 N, Suite 214, LAKEWAY, TX 78734-2610 , Frame Policy Level Coverages Coverage Limit of Insurance Deductible Period of Indemnity Premium Business Income Actual Loss Sustained 72 hours Waiting Period 12 Consecutive Months Included Location 1 Coverage Limit of Insurance Deductible I Valuation Coinsurance Premium Building N/A N/A I •!/A H/A I i/A Contents $25,000 $500 Replacement Cost Waived $95 4 r r Ea CIA,. Coverage Limit of Insurance Deductible Premium Equipment Breakdown Protection Coverage Included 72 Hours / $500 $66 Coverage Wind / Hail Percentage Deductible Wind / Hail Deductible Wind / Hail Excluded? Premium Dollar Amount Wind / Hail N/A $5O0 No Included .h\Sharn...1i.8i1{a. • .t1N:S':��:: it Commercial Property Coverage BUSIATESSOWNERS PROPERTY ENHANCEMENTS FORHEALTHCARE INDUSTRY Premium $50 1 Coverages Subject to the Blanket Limit of Insurance Accounts Receivable Electronic Data (Other than Computer Virus) Fine Arts Fire Department Service Charge Fire Extinguisher Systems Recharge Expense Leasehold Interest - Bonus Payments, Prepaid Rent, Sublease Profit, Tenants' Lease Interest Leasehold Interest - Undamaged Tenant's Improvements & Betterments Outdoor Property (Trees, Shrubs, Plants or Lawns) Pair and Set Personal Effects Valuable Papers And Records Coverages Subject to the Applicable Building, Personal Property, or Business Income Limit of Insurance Brands and Labels Business Personal Property Enhancements Ordinance Or Law - Increased Period of Restoration Ordinance Or Law - Undamaged Portion of Building Preservation of Property Tenants' Building and Business Personal Property Coverages Subject to Separate Limits of Insurance Appurtenant Buildings & Structures Business Income Extension For Websites Business Income from Dependent Property Computer Fraud and Funds Transfer Fraud $50,000 Blanket Limit of Insurance Included Included Included Included Included Included Included Included _ Included Included Included Limits of Insurance Included in Applicable Personal Property Limit of Insurance Included in Applicable Personal Property Limit of Insurance Included in Applicable Business Income Limit of Insurance Included in Applicable Building Limit of Insurance Included in Applicable Building or Personal Property Limit of Insurance Included in Applicable Building or Personal Property Limit of Insurance Limits of Insurance $50,000 $10,000 $50,000 $5,000 5 Debris Removal Deferred Payments Electronic Data Recovery Costs (Computer Virus) Employee Dishonesty Forgery Or Alteration Hired Car Physical Damage Identity Theft Expense Mobile Communication Property Money & Securities Newly Acquired or Constructed Property - Buildings Newly Acquired or Constructed Property - Business Income Newly Acquired or Constructed Property - Business Personal Property Ordinance Or Law - Demolition Cost Ordinance Or Law - Increased Cost of Construction Outdoor Signs Personal Property Off -Premises Pollutant Clean-up And Removal Precious_ Metals Refrigeration Breakdown Expense - Vehicles You Own or Lease Reward Coverage Temperature or Humidity Change Unauthorized Business Card Use Utility Services - Business Income and Extra Expense Utility Services - Direct Damage Other Enhancements Extended Business Income Green Standards Ordinary Payroll Removal of Insurance -to -Value Provision Other Provisions Billable Hours (Business Income) Business Income & Extra Expense Exclusions Business Income and Extra Expense Sublimit for Medical Imaging Operations Medical Imaging Operations Water Back -Up and Sump Overflow Water Back -Up and Sump Overflow Business Income / Extra Expense $25,000 $5,000 $10,000 $10,000 $25,000 $10,000 $15,000 $15,000 $5,000 Inside Premises $5,000 Outside Premises $500,000 $100,000 $250,000 $25,000 $25,000 $15,000 $15,000 $10,000 $25,000 $10,000 $5,000 $25,000 $5,000 $25,000 $25,000 90 Days Included 365 Days Included Included $1,000,000 $1,000,000 $32 $5,000 $5,000 Commercial Liability Businessowiiers Liab' 'tyEnhancements $150 6 Employment -Related Practices Liability Aggregate Limit Deductible Retroactive Date Privacy Liability Coverage Privacy Liability Each Claim _ Privacy Liability Aggregate Maximum Policy Aggregate Retention Retroactive Date $151 Hired and Non -Owned Auto Liability Aggregate Limit Per Occurrence Limit $25,000 $1,000 03/22/2019 $294 $100,000 $100,000 $100,000 $1,000 03/22/2019 Waiver of Transfer of • is of Recovery Against Others to Us Employee Benefits Liability General Aggregate Each Employee Limit Retroactive Date Deductible $122 Included in the Other Than Products / Completed Operations Aggregate Limit Included in the Liability and Medical Expenses Limit $50 $0 $1,000,000 $1,000,000 03/22/2019 $1,000 There are no subjectivities for this quote. There are no underwriting notes for this quote. 7 Hello