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Home My WebLink AboutC21-290 Sobral CSU Minority Health GrantDocuSign Envelope ID: 3E37947B-A2B5-4F75-A4AF-78FAE99D904D AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN EAGLE COUNTY, COLORADO AND COLORADO STATE UNIVERSITY THIS AGREEMENT ("Agreement") is effective as of the 15th day of August, 2021 by and between Colorado State University, an institution of higher education of the State of Colorado, located at Fort Collins, Colorado, 80523-2002 (hereinafter "Consultant" or "Contractor") and Eagle County, Colorado, a body corporate and politic (hereinafter "County"). RECITALS WHEREAS, the County, through its Department of Public Health and Environment ("ECPHE") works to promote the health, safety and welfare of County residents of all ages; and WHEREAS, the County uses outside providers and professionals to enhance the ability of County to promote such health, safety and welfare; and WHEREAS, County desires to hire the Consultant to perform the Services defined below in paragraph 1; and WHEREAS, Consultant is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the Services; and WHEREAS, this Agreement shall govern the relationship between Consultant and County in connection with the Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the following promises Consultant and County agree as follows: 1. Services. Consultant agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the services described in Exhibit A ("Services") which is attached hereto and incorporated herein by reference. The Services shall be performed in accordance with the provisions and conditions of this Agreement. a. Consultant agrees to furnish the Services no later than June 30, 2023 and in accordance with the schedule established in Exhibit A. If no completion date is specified in Exhibit A, then Consultant agrees to furnish the Services in a timely and expeditious manner consistent with the applicable standard of care. By signing below Consultant represents that it has the expertise and personnel necessary to properly and timely perform the Services. C21-290 DocuSign Envelope ID: 3E37947B-A2B5-4F75-A4AF-78FAE99D904D b. In the event of any conflict or inconsistency between the terms and conditions set forth in Exhibit A and the terms and conditions set forth in this Agreement, the terms and conditions set forth in this Agreement shall prevail. C. Consultant agrees that it will not enter into any consulting or other arrangements with third parties that will conflict in any manner with the Services. 2. County's Representative. The Public Health and Environment Department's designee shall be Consultant's contact with respect to this Agreement and performance of the Services. 3. Term of the Agreement. This Agreement shall commence upon the date first written above, and subject to the provisions of paragraph 12 hereof, shall continue in full force and effect through the 30th of June, 2023. 4. Extension or Modification. This Agreement may not be amended or supplemented, nor may any obligations hereunder be waived, except by agreement signed by both parties. No additional services or work performed by Consultant shall be the basis for additional compensation unless and until Consultant has obtained written authorization and acknowledgement by County for such additional services in accordance with County's internal policies. Accordingly, no course of conduct or dealings between the parties, nor verbal change orders, express or implied acceptance of alterations or additions to the Services, and no claim that County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by County for such additional services is not timely executed and issued in strict accordance with this Agreement, Consultant's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. 5. Compensation. County shall compensate the Consultant for the performance of the Services in a sum computed and payable as set forth in Exhibit A. The performance of the Services under this Agreement shall not exceed $233,348.00. Consultant shall not be entitled to bill at overtime and/or double-time rates for work done outside of normal business hours unless specifically authorized in writing by County. a. Payment will be made for Services performed within thirty (30) days of receipt of a proper and accurate invoice from Consultant. b. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Consultant was improper because the Services for which payment was made were not performed as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Consultant shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. C21-290 DocuSign Envelope ID: 3E37947B-A2B5-4F75-A4AF-78FAE99D904D C. County will not withhold any taxes from monies paid to the Consultant hereunder and Consultant 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. d. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Consultant in respect of any period after December 31 of any year, without an appropriation therefor by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). County shall notify Contractor in writing 30 days prior to December 31 of any year if budget is no longer available and Contractor will submit final invoice for all services performed to date. 6. Insurance. Consultant agrees to provide and maintain at Consultant's sole cost and expense. Contractor represents that it maintains general liability insurance covering itself and its employees in the performance of this Agreement, in an aggregate amount of not less than one million dollars ($1,000,000.00), all or part of which may be self -insured. 7. Indemnification. Each party hereto agrees to be responsible for its own wrongful or negligent acts or omissions, or those of its officers, agents, or employees to the full extent allowed by law. Liability of Consultant is at all times herein strictly limited and controlled by the provisions of the Colorado Government Immunity Act, C.R.S. secs. 24-10-101, et seq. as now or hereafter amended. Nothing in this Agreement shall be construed as a waiver of the protections of said Act. As an institution of the State of Colorado, controlled by the Fiscal Rules of the Board of Governors of the Colorado State University System, CSU is not authorized to indemnify Sponsor herein as against the claims and demands of third parties and any such indemnification provision in this Agreement shall be null and void. 8. Ownership of Documents. All non -confidential documents prepared by Consultant in connection with the Services shall become property of County. Consultant shall execute written assignments to County of all rights (including common law, statutory, and other rights, including copyrights) to the same as County shall from time to time request. For purposes of this paragraph, the term "documents" shall mean and include all reports, plans, studies, tape or other electronic recordings, drawings, sketches, estimates, data sheets, maps and worksheets produced, or prepared by or for Consultant (including any employee or subconsultant in connection with the performance of the Services and additional services under this Agreement). Publication: The Consultant, as a state institution of higher education, engages only in research that is compatible, consistent, and beneficial to its academic role and mission. Therefore, significant results of research activities must be reasonably available for publication. The Parties acknowledge that the Consultant shall have the right to publish results including student theses and dissertations. The Consultant agrees, however, that during the term of this Agreement and for six (6) months thereafter, County shall have forty-five (45) days to review and comment on any proposed publication. Should County believe that any part of such publication would constitute the disclosure of confidential or sensitive information six above or contain information C21-290 DocuSign Envelope ID: 3E37947B-A2B5-4F75-A4AF-78FAE99D904D that might be patentable as a result of this research, County will notify Consultant in writing within such forty-five (45) day period, of the relevant material, and Consultant shall delay publication of such article for up to an additional ninety (90) days in order to allow County to diligently pursue the filing of a patent application. Consultant agrees that any Confidential Information supplied to it by the County will not be included in any published material without prior written approval by the County. 9. Notice. Any notice required by this Agreement shall be deemed properly delivered when (i) personally delivered, or (ii) when mailed in the United States mail, first class postage prepaid, or (iii) when delivered by FedEx or other comparable courier service, charges prepaid, to the parties at their respective addresses listed below, or (iv) when sent via facsimile so long as the sending parry can provide facsimile machine or other confirmation showing the date, time and receiving facsimile number for the transmission, or (v) when transmitted via e-mail with confirmation of receipt. Either party may change its address for purposes of this paragraph by giving five (5) days prior written notice of such change to the other party. COUNTY: ECPHE Attn: Heath Harmon 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-471-2579 E-Mail: heath.harmon@eaglecounty.us With a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-8685 Facsimile: 970-328-8699 E-Mail: atty@eaglecounty.us CONSULTANT: Colorado State University Attn: Liz Grinstead, Senior Research Administrator Office of Sponsored Programs 2002 Campus Delivery Fort Collins CO 80523-2002 Telephone: 970-491-1552 E-Mail: liz.grinstead@colostate.edu C21-290 DocuSign Envelope ID: 3E37947B-A2B5-4F75-A4AF-78FAE99D904D 10. Coordination. Consultant acknowledges that the development and processing of the Services for the Project may require close coordination between various consultants and contractors. Consultant shall coordinate the Services required hereunder with the other consultants and contractors that are identified by County to Consultant from time to time, and Consultant shall immediately notify such other consultants or contractors, in writing, of any changes or revisions to Consultant's work product that might affect the work of others providing services for the Project and concurrently provide County with a copy of such notification. Consultant shall not knowingly cause other consultants or contractors extra work without obtaining prior written approval from County. If such prior approval is not obtained, Consultant shall be subject to any offset for the costs of such extra work. 11. Termination. Either party may terminate this Agreement, in whole or in part, at any time and for any reason, with or without cause, and without penalty therefor with seven (7) calendar days' prior written notice to the other party. Upon termination of this Agreement, Consultant shall immediately provide County with all documents as defined in paragraph 9 hereof, in such format as County shall direct and shall return all County owned materials and documents. County shall pay Consultant for Services satisfactorily performed to the date of termination. 12. Venue. Jurisdiction and Applicable Law. Any and all claims, disputes or controversies related to this Agreement, or breach thereof, shall be litigated in the District Court for Denver County, Colorado, which shall be the sole and exclusive forum for such litigation. This Agreement shall be construed and interpreted under and shall be governed by the laws of the State of Colorado. 13. Execution by Counterparts: Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The parties approve the use of electronic signatures for execution of this Agreement. Only the following two forms of electronic signatures shall be permitted to bind the parties to this Agreement: (i) Electronic or facsimile delivery of a fully executed copy of the signature page; (ii) the image of the signature of an authorized signer inserted onto PDF format documents. All documents must be properly notarized, if applicable. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. 24-71.3-101 to 121. 14. Other Contract Requirements. a. Consultant shall be responsible for the completeness and accuracy of the Services, including all supporting data or other documents prepared or compiled in performance of the Services, and shall correct, at its sole expense, all significant errors and omissions therein. The fact that the County has accepted or approved the Services shall not relieve Consultant of any of its responsibilities. Consultant shall perform the Services in a skillful, professional and competent manner and in accordance with the standard of care, skill and diligence applicable to Consultants performing similar services. Consultant agrees that it has the expertise and personnel necessary to properly perform the Services and covenants that its professional personnel are duly licensed to perform the Services within Colorado. This paragraph shall survive termination of this Agreement. C21-290 DocuSign Envelope ID: 3E37947B-A2B5-4F75-A4AF-78FAE99D904D Consultant agrees to work in an expeditious manner, within the sound exercise of its judgment and professional standards, in the performance of this Agreement. C. This Agreement constitutes an agreement for performance of the Services by Consultant as an independent contractor and not as an employee of County. Nothing contained in this Agreement shall be deemed to create a relationship of employer -employee, master -servant, partnership, joint venture or any other relationship between County and Consultant except that of independent contractor. Consultant shall have no authority to bind County. d. Consultant represents and warrants that at all times in the performance of the Services, Consultant shall comply with any and all applicable laws, codes, rules and regulations. e. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all other agreements or understanding between the parties with respect thereto. £ Consultant shall not assign any portion of this Agreement without the prior written consent of the County. Any attempt to assign this Agreement without such consent shall be void. g. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective permitted assigns and successors in interest. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely for the parties, and not to any third party. h. No failure or delay by either party in the exercise of any right hereunder shall constitute a waiver thereof. No waiver of any breach shall be deemed a waiver of any preceding or succeeding breach. i. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. j. Consultant shall maintain for a minimum of three years, adequate financial and other records for reporting to County. Consultant shall be subject to financial audit by federal, state or county auditors or their designees. Consultant authorizes such audits and inspections of records during normal business hours, upon 48 hours' notice to Consultant. Consultant shall fully cooperate during such audit or inspections. k. The signatories to this Agreement aver to their knowledge, no employee of the County has any personal or beneficial interest whatsoever in the Services or Property described in this Agreement. The Consultant has no beneficial interest, direct or indirect, that would conflict in any manner or degree with the performance of the Services and Consultant shall not employ any person having such known interests. 15. Prohibitions on Government Contracts. C21-290 DocuSign Envelope ID: 3E37947B-A2B5-4F75-A4AF-78FAE99D904D As used in this Section 16, the term undocumented individual will refer to those individuals from foreign countries not legally within the United States as set forth in C.R.S. 8-17.5-101, et. seq. If Consultant has any employees or subcontractors, Consultant shall comply with C.R.S. 8-17.5-101, et. seq., and this Agreement. By execution of this Agreement, Consultant certifies that it does not knowingly employ or contract with an undocumented individual who will perform under this Agreement [REST OF PAGE INTENTIONALL Y LEFT BLANK] C21-290 DocuSign Envelope ID: 3E37947B-A2B5-4F75-A4AF-78FAE99D904D IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above. Attest: DocuSigned by: By: Regina O'Brien; rR'r?d1he Board COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: FDocuSigned by: la�{ �J"'t,V'V' Matt Scherr, air 2D718eo473... CONSULTANT: By: 5DocuSigned by: 11) laiv Sft4A 8C1 D8B3FDE984A8... Print Name: biz Grinstead Title: Senior Research Administrator C21-290 DocuSign Envelope ID: 3E37947B-A2B5-4F75-A4AF-78FAE99D904D EXHIBIT A Terms of Funding, Deliverables, and Deadlines Goal: Colorado State University's role via Dr. Bruno Sobral is as the Co -Principal Investigator in the Campeones de la Salud (Health Champions) initiative to strengthen health literacy, and in response to grant opportunity MP-CPI-21- 006 (Advancing Health Literacy to Enhance Equitable Community Responses to COVID-19) of the U.S. Department of Health and Human Services. Objective: Dr. Sobral will serve as the "evaluative convener and consultant" providing the necessary direct coordination among the initiative's evaluation partners (Metropolitan State University and PEACHnet/University of Colorado) to develop and implement an evaluation plan that incorporates national foundational directives and standards, including National CLAS Standards for increasing the availability, accessibility, and use of ethnoracial COVID-19 public information with vulnerable populations, and inclusive of all populations considered vulnerable to inaccessibility of COVID-19 public health information; the Healthy People 2030 objectives HC41IT-0-improving patient understanding, HC/HIT-02-increasing quality of communication between provider and patient, HC/HIT 03- building provider and patient informed decision -making, and IID-D02-increasing vaccination records in health information systems. Designed to address health inequities in Eagle County, these efforts form the basis for expansion to additional geographic areas impacted by poor health literacy outcomes and social vulnerability. 1. Serve as the co -principal investigator for the Campeones de la Salud Advancing Health Literacy grant. 2. Provide academic and content consultation to the project and evaluation plan based on the requirements from the Office of Minority Health. 3. Convene and coordinate evaluation partners (MSU, ECPHE and PEACHnet) to help ensure the evaluation methodology, plan, deliverables, and timeline are met successfully. 4. Provide input on developing a sustainability plan for the Campeones de la Salud, beyond the grant period. 5. Contribute to the successful submission of required documentation to meet the 30, 60, and 90 day requirements as outlined by the Office of Minority Health. 6. Attend at least six partner meetings per grant year (dates, times, format, location to be agreed upon by County, Contractor, and other partners). 7. Progress reports will be submitted monthly, due on the 1st of each month beginning September 1, 2021. Personal and fridge costs, as well program supplies, speakers, facilitators, community stipends, and all travel expenses are included in this contract. Schedule: The term of this Agreement shall commence August 15, 2021 and shall end on June 30, 2023. Payment and Fee Schedule: County will compensate the Contractor for the above -mentioned services as follows: C21-290 DocuSign Envelope ID: 3E37947B-A2B5-4F75-A4AF-78FAE99D904D Object Class Category Year 1 Amount Description and Total Budget (Years 1 Justification and 2) Personnel $59,606 Dr. Bruno Sobral .25 $119,212 FTE Fringe $16,153 Fringe benefits at .25 $32,306 FTE Travel $1,000 Travel to Eagle County $2,000 from Fort Collins, Colorado Supplies None requested N/A N/A Contractual None requested N/A N/A Indirect $39,915 Colorado State $79,830 University maintains a 52% federally negotiated indirect cost rate. Subtotal $116,674 $233,348 The maximum amount of reimbursement under this agreement is $233,348.00 for the contract term August 15, 2021 to June 30, 2023. C21-290 DocuSign Envelope ID: 3E37947B-A2B5-4F75-A4AF-78FAE99D904D EXHIBIT B Insurance Certificate C21-290 DocuSign Envelope ID: 3E37947B-A2B5-4F75-A4AF-78FAE99D904D A� o CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) F 08/05/2021 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 policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Aon Risk Services South, Inc. Franklin TN Office CONTACT NAME: (A/CNNo. Ext): (866) 283-7122 FAX No.): (800) 363-0105 E-MAIL ADDRESS: 501 Corporate Centre Drive Suite 300 Franklin TN 37067 USA INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURER A: Safety National Casualty Corp 15105 Colorado State University 1251 Mason Street INSURER B: United Educators Ins, a Reciprocal RRG 10020 INSURER C: Fort Collins CO 80523 USA INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570088711939 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 INDICATED. 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. Limits shown are as requested INSR LTR TYPE OF INSURANCE ADD INSD UBR WVD POLICY NUMBER POLICYEFF MM/DD/YYYY P / E P MM/DD/YYYY LIMITS B X COMMERCIAL GENERAL LIABILITY Y U EACH OCCURRENCE $500, 000 CLAIMS -MADE X❑ OCCUR Excess GL SIR applies per policy terns & conditions DAMAGE T RENTED PREMISES Ea occurrence Included MED EXP (Any one person) PERSONAL& ADV INJURY included GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $2,000,000 X POLICY ❑ PRO- ❑ LOC JECT PRODUCTS - COMP/OPAGG included OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident BODILY INJURY ( Per person) ANY AUTO BODILY INJURY (Per accident) OWNED SCHEDULED AUTOS ONLY AUTOS HIRED AUTOS NON -OWNED ONLY AUTOS ONLY PROPERTY DAMAGE (Per accident) B UMBRELLA LIAB OCCUR Y9256u 08/01/2021 08/01/2022 EACH OCCURRENCE $10,000,000 X EXCESS LIAB H CLAIMS -MADE SIR applies per policy terns & Condl ions AGGREGATE $10,000,000 DED I X RETENTION WORKERS COMPENSATION AND PER STATUTE I JOTH- EMPLOYERS' LIABILITY Y / NI ANY PROPRIETOR / PARTNER /EXECUTIVE JER E.L. EACH ACCIDENT OFFICER/MEMBER EXCLUDED? ❑ N / A E.L. DISEASE -EA EMPLOYEE (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT A Excess WC SP4065449 08/01/2021 08/01/2022 EL Each Accident $1,000,000 SIR applies per policy terns & condi ions EL Disease - Policy $1,000,000 EL Disease - Ea Emp $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Evidence of Coverage. (D c (D N 0 2 co M n co O O rj CERTIFICATE HOLDER CANCELLATION iL SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Colorado State University AUTHORIZED REPRESENTATIVE 1432 General Services Building Fort Collins Co 80523 USA t�{K!� c!�Vii�Y61CD cI�GG>� e/ 9aO. ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and to o are registered marks of ACORD C21-290 DocuSign Envelope ID: 3E37947B-A2B5-4F75-A4AF-78FAE99D904D AGENCY CUSTOMER ID: 570000067168 LOC #: A ADDITIONAL REMARKS SCHEDULE AGENCY NAMED INSURED Aon Risk Services South, Inc. Colorado State University POLICY NUMBER see Certificate Number: 570088711939 CARRIER NAIC CODE See Certificate Number: 570088711939 EFFECTIVE DATE: DDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S) AFFORDING COVERAGE I NAIC # INSURER INSURER INSURER Page _ of ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YYYY) POLICY EXPIRATION DATE (MM/DD/YYYY) LIMITS OTHER B Excess Auto Lia Y9256u Excess Auto SIR applies per policy to 08/01/2021 ms & condit 08/01/2022 ons Each Occurrence $10,000,000 ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD C21-290