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Home My WebLink About20182754.tiffRESOLUTION RE: APPROVE LICENSE AGREEMENT AND AUTHORIZE CHAIR TO SIGN - SELF - MANAGEMENT RESOURCE CENTER, LLC (SMRC) 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 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 Self -Management Resource Center. LLC (SMRC). commencing July 1. 2018. and ending July 1, 2021, with further terms and conditions being as stated in said license agreement. and WHEREAS, after review, the Board deems it advisable to approve said license 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 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 Self -Management Resource Center, LLC (SMRC). be and hereby is. approved. BE IT FURTHER RESOLVED by the Board that the Chair be. and hereby is, authorized to sign said license agreement. The above and foregoing Resolution was. on motion duly made and seconded, adopted by the following vote on the 29th day of August. A.D.. 2018, nunc pro tunc July 1, 2018. BOARD OF COUNTY COMMISSIONERS WELD COUNTY. COLORADO ATTEST: dit444) M EXCUSED Steve Moreno, Chair Weld County Clerk to the Board BY: eputy Clerk to the Board APPRO D AS TO ounty • torney cc: f-tSO to— V3 —L2 �.. u arbara Kirkmeyer, ro-Tem Sean P. Co tf Date of signature: A f'7 a7/( 2018-2754 HR0089 cLvr*o'J IM (q3.3 PRIVILEGED AND CONFIDENTIAL MEMORANDUM DATE: June 21, 2018 TO: Board of County Commissioners — Pass -Around FR: Judy A. Griego, 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, is currently offering SMRC workshops under a license held by the Consortium for Older Adult Wellness, which expires June 30, 2018. The Consortium for Older Adult Wellness has dissolved as an organization requiring AAA obtain a license to continue providing SMRC workshops. The workshops offered by the Weld Aging Well program under this license agreement will include; Chronic Disease Self -Management Program (CDSMP), Diabetes Self -Management Program (DSMP), Manejo Personal De l.a Diabetes (SP DSMP), and Tomando Control de su Salud (SP CDSMP). The cost of the license is $500.00, and allows for up to twenty (20) workshops and two (2) leader trainings to be conducted in Weld County between July 1, 2018 and July 1, 2021. I do not recommend a Work Session. I recommend approval for the Chair to sign the license agreement and the Department to purchase the license. Sean P. Conway Julie A. Cozad Mike Freeman Barbara Kirkmeyer, Pro -Tern Steve Moreno, Chair silISNOMIfl Approve Recommendation Me 7,,v1 Schedule Work Session Other/Comments: 2018-2754 -4WD° Pass -Around Memorandum; June 21, 2018 — CMS 1933 Page 1 • ASN, SMRC Self -Management Resource Center License Agreement Between Licensee and the Self -Management Resource Center for Internal Use This Agreement between THE SELF -MANAGEMENT RESOURCE CENTER, LLC ("SMRC"), a limited liability company having powers under the laws of the State of California, and the Board of County Commissioners, on behalf of the Weld County Department of Human Services, Area Agency on Aging ("Licensee"), a public agency or nonprofit organization having a principal place of business at PO Box 1805, Greeley, CO 80632 is effective on 1st day of July 2018 ("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 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. 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) 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 not compensated, or compensated to cover expenses, by any organization for the time to give, administer or facilitate the Programs. 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) Self -Management Resource Center, LLC 711 Colorado Avenue, Palo Alto CA 94303 USA www.selfmanagementresource.com • licensing@selfmanagementresource.com ok70/1-02 754 organization has a valid license. If the trainee(s) organization does not have a valid license they must first obtain a license from SMRC. c. Master trainings are not a part of this Agreement. SMRC must be contacted before the offering of any Master Trainings at least three months in advance. For information on offsite Master Training fees, refer to training fees page on the SMRC website www.selfmanagementresource.com/training.com Licensee may not use the Programs except as expressly described in this Agreement. 3. This Agreement will be effective from July 1, 2018 through July 1, 2021. 4. 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 at https://www.selfmanagementresource.com/submit-reports.com. Licensee will report the number of Workshops given: a. Specifically, Licensee 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. b. If Licensee has trained any Leaders, Licensee will submit the number of Leader trainings for each Program, the start date of each training, the number of Leaders trained in each training and how many of the trained Leaders are active (facilitating workshops). 5. In consideration of the permission granted above, Licensee agrees to pay a license fee of $500.00 USD. Licensee may give up to 20 combined workshops and 2 Leader trainings during the term of this Agreement. If Licensee has given in excess of 20 workshops and/or 2 Leader trainings, Licensee must contact SMRC at licensing@selfmanagementresource.com. 6. 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 - 2017. 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." 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. 7. 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. 8. Licensee agrees to contact SMRC for permission to reproduce or distribute the Programs or any material derived or adapted from the Programs for any use not specifically granted in this Agreement. 9. 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. 10. When working with any other organization, Licensee will use these questions to help determine if the other organization needs a license: Self -Management Resource Center, LLC 711 Colorado Avenue, Palo Alto CA 94303 USA www.selfmanagementresource,com • licensing@selfmanagementresource.com Page 2 a. Was the training for the Leaders of this workshop supplied by the Licensee? b. Are the Master Trainers (trainers of Leaders), T -Trainers (trainers of Master Trainers) or Leaders, employees or volunteers of the Licensee? c. Is your organization's name and/or logo on all advertising and materials? d. Are the names of all participants sent to your organization? e. Is your organization 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 711 Colorado Avenue, Palo Alto CA 94303 USA, Email: licensing@selfmanagementresource.com, Ph: (650) 242-8040, www.selfma nagementresou rce.com 11. 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. 12. 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. 13. SMRC may terminate this Agreement immediately upon written notice to Licensee 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 also terminate this Agreement if Licensee is in breach of any clause, fails to submit reports or fails to adhere to fidelity standards as outlined in the SMRC Fidelity Manual available on the SMRC website https://www.selfmanagementresource.com/resources/ 14. 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 from any claims related to Licensee's use of the Programs as permitted by law. 15. Licensee agrees that SMRC may publish the name of Licensee and the organization's contact information, state and that Licensee has a license to the Programs on the SMRC website, the Evidence -Based Leadership Council (EBLC) website and related materials. LICENSEE I certify that my organization is a not for profit organization or a public agency and agree to the terms and conditions abo - By: Barbara Kirkine ' er, Chair Pro—Tem Name: Title: Barbara Kirkmeyer Chair Pro—Tem Board of Weld County Commissioners AUG 2 9 2018 Date: License ID#: 2421 Self -Management Resource Center, LLC 711 Colorado Avenue, Palo Alto CA 94303 USA www.selfmanagementresource.com • licensing@selfmanagementresource.com Page 3 02aa-a75Y1 Hello