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Home My WebLink About20161706.tiff RESOLUTION RE: APPROVE AGREEMENT FOR PROFESSIONAL SERVICES AND AUTHORIZE CHAIR TO SIGN - THE BLUE CELL, LLC 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 Office of Emergency Management, and The Blue Cell, LLC, commencing upon full execution of signatures and ending August 19, 2016, 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 Office of Emergency Management, and The Blue Cell, LLC, 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 1st day of June, A.D., 2016. BOARD OF COUNTY COMMISSIONERS t , / WELD COUNTY, COLORADO ATTEST: /w&/ St.c.3i es - Mike Freeman, Chair Weld County Clerk to the Board Sean P. Conway, Pro-Tem eputy Clerk to the Board Julie e.. Cozad APPROVED AS TO FORM: )! �� /1�_/i,. 1'_ C� arbara Kirkmeyer County Attorney Moreno Date of signature: -1 ( 1 l (Co ,., e 2016-1706 CC: QOM CRP) EM0017 7/ 1ol/a©1(ip Cprth-(kd (14:t '-15 TO: Board of County Commissioners :1'111\186:14:-.11* 861 �' &4-LC t r a t0 ` FROM: Roy Rudisill, OEM 'i.Cl`t CL/1.14.k -,w ,�- I t 34,� 37 1a F iy/I� DATE: Apit Z�17 Zolfo c_.lae ,,.,.a4 �"two� N'a? K f(! vn+ v ,• I SUBJECT: Whole Community Immersion Course(EOC Disaster Exercise) Commissioners, As you know we are planning to hold a Disaster Exercise with Weld County staff and local agencies this year. We have identified a date of August 15-19 that would work best for the agencies and staff. We are working with a Logistics Team of County Staff to make the training and exercise a success. Attached is the Draft Agenda for the training and the Contract for the BOCC review and signature. I reached out to the State DHSEM about a local delivery of the course and the State explained we would have to apply in the same way for the FEMA Course. In our research for a company to assists with this type of training,we found very few training teams that are able to provide the training within our budget. I contacted the Community College of Aurora, Disaster Management Institute and talked with Pony Anderson about their facility and costs for a three and a half day training and exercise. Their training program is more focused on Incident Command rather than Emergency Operation Center's, the costs for the use of their facility is estimated to be $1,000.00 per day, this cost does not include instructors or exercise staff for the course. Mrs. Anderson indicated we would need to contract with a training team for the instructors and the exercise. After our review of the possible organizations that can provide the training and exercises, OEM is recommending the Blue Cell. The company we are recommending has worked with Weld County in the past year and provided other training classes related incident command and has great experience conducting training and exercises nationally. The contracted cost is$15,000.00 which includes training, exercises and training materials. Recommendation to the BOCC: I recommend the BOCC allow me to add this to the BOCC agenda to approve the contract. Agree with Staff Work Session Comments Recommendation Requested Freeman Me- Kirkmeyer Nit— Conway1- Cozad (XL. Moreno jrvt 2016-1706 61 ( Weld County Whole Community Immersion Course DRAFT AGENDA 4.26.16 August 15th-Noon Start time to 5 pm Public Policy and Emergency Management/Homeland Security Impacts • Media and Public Information The Emergency Management Program August 16 AM session Role and Responsibilities Emergency Services,Community Services, Infrastructure Overview August 16 PM Session Agency Administration and EOC Sections August 17 AM Session Situational Awareness/Damage Assessment Leadership and Decision Making August 17 PM Session Procedures, Processes and Plans Critical Incident Stress Management Special Situations(Terrorism,Agriculture, Energy) August 18- Functional Exercise WELD COUNTY AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY&THE BLUE CELL. LLC Sf THIS AGREEMENT is made and entered into this I _day of , 20/10 ,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 The Blue Cell, LLC, hereinafter referred to as"Contractor". WHEREAS, County desires to retain Contractor as an independent Contractor to perform services as more particularly set forth below; and WHEREAS, Contractor 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, Contractor 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 [Fttgwhich 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 and until Contractor's completion of the responsibilities described in Exhibits A. This contract may be extended annually upon written agreement 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 $15,000.00,which is the amount set forth in Exhibit A.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. Non-Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. 14. 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. 15. 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. 16. 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. 17. 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. 18. 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. 19. 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. 20. 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 §§24-10-10I et seq., as applicable now or hereafter amended. 21. 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. 22. 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 Exhibits 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. s~ I IN WITNESS WHEREOF,the parties hereto have signed this Agreement this: 15 day of dune , CONTRACTOR: The Blue Cell, LLC By: ri - • i7T�s� Date: 04/11/2016 Name: Todd A.Manns Title: Owner WELD COUNTY: ATTEST: dam"""""" ;ok BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board ,s�`WELD COUNTY,COLORADO BY: �.N �� . I. /��` , IM , Deputy Clerk to the Board al Freeman, Chair JUN 0 1 2016 ela'V=4 M040- /lob ACCPRO CERTIFICATE OF LIABILITY INSURANCE DATE IML.DDIYYTY) 2/19/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the pollcy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the term and conditions of the policy,certain policies may require on endorsement A statement on ihis eerdficate does not confer righth to the certificate holder In lieu of such endorsoment(s). PRODUCER CONTACT Amanda Grunow - RUB International, formerly SW Insurance Agency PHONE Mitte.E J (303)451-5547 I PAXCAM Wok(303)151-0605 1125 17th Street ADDRESS:amanda.grunow@hubinternational.com Suite 900 INSURERS)AFFORDING COVERAGE NAIL. Denver CO 80202 INSURER A:Landmark American InauranCe CO INSURED INSURER B: Blue Cell LLC INSURER C: 19062 S. Union Dr. INSURERS: .INSURER E: Aurora CO 80015 INSURERF: COVERAGES CERTIFICATE NUMBER;2015-2016 •REVISION'NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATEP. NOTWITHSTANDING ANY.REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. E TR TYPE OF INSURANCE INS�0 MW POLICY NUMBER IMW0MYtY TYW Meal LIMITS COMMERCIAL GENERAL DA.IDIY EACH OCCURRENCE $ 1,000,000 A J CLAIMS-MADE n OCCUR PREMI$E (E.pC171ENgpL E 50,000 — LNC827900 11/5/2015 11/5/2016 MED EXP(Any one person) 5 5,000 PERSONAL a ACV INJURY E 1,000,000 .GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE E 3,000,000 X POLICY EGT FT LOC PRODUCTS-COMPIOP AGO E _ 1,000,000 OTHER - PNteaLbnel Liabllty 5 1,000,000 AUTOMOBILE LIABILITY LOMBINED SINGLE LIMIT E — ANY AUTO BODILY INJURY(Per person) S ALL OWNED __SCHEDULES) _ AUTOS _AUTOS BODILY INJURY(Per ecolden0 S HIRED AUTOSN`AUTOSWNED PROPERTY DAMAGE 3 (Perso:W O E UMBRELLA LIAR I (OCCUR EACH OCCURRENCE E EXCESS DAB CLAIMS-MADE AGGREGATE 5 DED I I RETENTIONS 5 WORKERS COMPENSATION TH- AND EMPLOYERS'LIABIUTY I STATUTE-I ER OANYPROPRIETORPARTNENEXECITTIVE YIN( OFFICER/MEMBER EXCLUDED? n NIA EL,EACH ACCIDENT -3 IWn4mry,m NH) E.L.DISEASE-EA EMPLOYEE $ O t PTIONNO OPERATIONS cebw - EL DISEASE-POLICY UNIT S A Professional Liability LECB2790D 11/5/2015 11/5/2016 Sly:00,000 Combined Policy/Agg 3M1 DESCRIPTION OF OPERATORS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be aUacied H mob apace Is required) _CFIjTIFICATEHOLDER CANCELLATION. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Amanda Grunow/EVEAG us-- t ©1988.2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS02517md09 • THE .B .U.E CELL CONtMAND.SCHOOL T SCOPE OF WORK The Blue Cell, LLC (FEIN 27-1372955) The Blue Cell, LLC,under the direction of Todd Manns,will be delivering the custom training and exercise product Whole Community Immersion Workshop. This 3.5 day workshop prepares local leaders and managerial personnel and other responsible agencies in response and recovery collective decision making, effectively working in an emergency or disaster situation and in the understanding and testing of procedures, protocols, written plans and doctrines. The workshop concludes with a one day, HSEEP consistent functional exercise. Workshop Topics: • Public Policy and Emergency Management/Homeland Security Impacts • Media and Public Information • The Emergency Management Program • Role and Responsibilities o Emergency Services, Community Services, Infrastructure Overview o Agency Administration and EOC Sections • Situational Awareness/Damage Assessment • Leadership and Decision Making • Procedures, Processes and Plans • Critical Incident Stress Management • Special Situations(Terrorism,Agriculture, Energy) Workshop Length:30 hours This workshop will be delivered to a number of the ten officially recognized response disciplines and agency administrators in accordance with the U.S. Department of Homeland Security's guidance within a specific Colorado community. August 15th-18",2016 Beaver Run Resort, Colorado The rate for this delivery is$15,000.00 flat(materials included)for 75 participants •. March 25th,2015 Signature Date JUN 0 1 2016 County Representative Date 2O4 170& Hello