HomeMy WebLinkAboutPSA with Bethany Gadzinksi for Mayor's Anti Drug Coalition Strategic PreventionPROFESSIONAL SERVICES AGREEMENT FOR MAYOR'S ANTI-DRUG COALITION
STRATEGIC PREVENTION FRAMEWORK STATE INCENTIVE GRANT (SPF/SIG)
PROGRAM EVALUATION SERVICES IN AN AMOUNT NOT TO EXCEED $9,000
THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this,?— day of
March, 2015 ("Effective Date"), and entered into by and between the City of Meridian, a
municipal corporation organized under the laws of the State of Idaho ("City"), and Bethany
Gadzinski, an individual (Contractor").
WHEREAS, in 2014, City, by and through the Mayor's Anti -Drug Coalition ("MADC"),
received a Strategic Prevention Framework State Incentive Grant ("SPF/SIG") from the Idaho
Office of Drug Policy;
WHEREAS, MADC has invested SPF/SIG monies in programs that seek to reduce
substance abuse among youth and adults by addressing the factors in our community that increase
the risk of substance abuse and promoting the factors that minimize the risk of substance abuse;
WHEREAS, the SPF/SIG requires evaluation of the outcomes of such programming, and
Contractor is specially trained, experienced, and competent to provide, and has agreed to provide,
such evaluation services;
NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and
conditions hereinafter contained, the parties agree as follows:
I. TERMS AND CONDITIONS
A. Scope of Services.
1. Contractor shall perform and furnish to City, upon execution of this Agreement,
services described as attached hereto as Exhibit A.
2. Contractor shall provide services and work under this Agreement consistent with the
SPF/SIG requirements and any other applicable standards established by applicable
federal, state and city laws, ordinances, regulations and resolutions. Contractor
represents and warrants that she will perform her work in accordance with generally
accepted industry standards and practices for the profession or professions that are used
in performance of this Agreement and that are in effect at the time of performance of
this Agreement.
B. Consideration.
1. City shall pay Contractor for services rendered in the form of a firm fixed amount,
divided into monthly payments, through the completion and delivery of evaluation of
SPF/SIG programs and surveys throughout the grant year. The amount paid by City to
Contractor under this Agreement shall not exceed nine thousand dollars ($9,000.00).
2. To receive payment, Contractor shall provide a written, itemized invoice to the
Meridian Police Department certifying Contractor's delivery of the specified evaluation
work. Following verification of such delivery and conformance by the Meridian Police
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Department, City shall pay Contractor within thirty (30) days of receipt of such invoice.
Contractor shall submit the final invoice to City no later than thirty (30) days after the
expiration or termination of this Agreement.
Except as expressly provided in this Agreement, Contractor shall not be entitled to
receive from City any additional consideration, compensation, salary, wages, or other
type of remuneration for services rendered under this Agreement., including, but not
limited to: meals, lodging, or transportation. Further, without limitation, Contractor
shall not be entitled by virtue of this Agreement to consideration in the form of
overtime, health insurance benefits, retirement benefits, paid holidays or other paid
leaves of absence of any type or kind whatsoever.
C. Time of performance.
1. This Agreement shall become effective as of the Effective Date upon execution by both
parties, and shall expire on July 31, 2015, unless earlier terminated or mutually
extended by separate written agreement.
2. The parties hereto acknowledge and agree that time is strictly of the essence with
respect to each and every term, condition and provision hereof, and that the failure to
timely perform any of the obligations hereunder shall constitute a breach of, and a
default under, this Agreement by the party so failing to perform.
D. Independent contractor. In all matters pertaining to this Agreement, Contractor shall be
acting as an independent contractor, and neither Contractor nor any officer, employee or
agent of Contractor shall be deemed an employee or agent of City in any manner or for any
purpose. Specifically, without limitation, Contractor understands, acknowledges, and
agrees:
1. Contractor is free from actual and potential control by City in the provision of services
under this Agreement.
2. Contractor is engaged in an independently established trade, occupation, profession, or
business.
3. Contractor has the authority to hire subordinates.
4. Contractor owns and/or will provide all major items of equipment necessary to perform
services under this Agreement.
5. Neither Contractor nor City shall be liable to the other for a peremptory termination of
the business relationship described under this Agreement.
E. Indemnification and insurance.
1. Contractor shall indemnify and save and hold harmless City from and for any and all
losses, claims, actions, judgments for damages, and/or injury to persons or property and
losses and expenses and other costs including litigation costs and attorneys' fees,
arising out of, resulting from, or in connection with the performance of this Agreement
by Contractor and/or Contractor's officers, employs, agents, representatives and/or
subcontractors and resulting in and/or attributable to personal injury, death, and/or
damage and/or destruction to tangible or intangible property and not caused by or
arising out of the tortious conduct of City or its employees.
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2. Contractor shall not be required by this Agreement to obtain worker's compensation
insurance because she is acting as a sole practitioner; however, should Contractor, in
the course of work related to this Agreement, employ any person, Contractor shall
notify City and shall obtain Worker's Compensation Insurance in the statutory limits as
required by law.
C. Notices. Any and all notices, invoices, and/or reports required to be provided by either of
the parties hereto, unless otherwise stated in this Agreement, shall be in writing and be
deemed communicated when mailed by United States Mail, addressed as follows:
Lt. Scott Colaianni Bethany Gadzinski
Meridian Police Department 2633 West Piazza Drive
1401 E. Watertower Street Meridian, Idaho 83642
Meridian, Idaho 83642
Either party may change its address for the purpose of this section by giving written notice
of such change to the other in the manner herein provided.
D. Attorney fees. Should any litigation be commenced between the parties hereto concerning
this Agreement, the prevailing party shall be entitled, in addition to any other relief as may
be granted, to court costs and reasonable attorneys' fees as determined by a Court of
competent jurisdiction. This provision shall be deemed to be a separate contract between
the parties and shall survive any default, termination or forfeiture of this Agreement.
E. Assignment. It is expressly agreed and understood by the parties hereto, that Contractor
shall not have the right to assign, transfer, hypothecate, sell, or subcontract any of her rights
or obligations under this Agreement except upon the prior express written consent of City.
F. Discrimination prohibited. In performing the services required hereunder, Contractor
shall not unlawfully discriminate in violation of any federal, state Or local law, rule or
regulation against any person on the basis of race, color, religion, sex, national origin or
ancestry, age or disability.
G. Reports and information. At such times and in such forms as City may require, there
shall be furnished to City such statements, records, reports, data and information as City
may request pertaining to matters covered by this Agreement.
H. Audits and inspections. At any time during normal business hours and as often as City
may deem necessary, there shall be made available to City for examination all of
Contractor's records with respect to all matters covered by this Agreement. Contractor
shall permit City to audit, examine, and make excerpts or transcripts from such records,
and to make audits of all contracts, invoices, materials, payrolls, records of personnel,
conditions of employment and other data relating to all matters covered by this Agreement.
I. Publication, reproduction and use of material. No material produced in whole or in part
under this Agreement shall be subject to copyright in the United States or in any other
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country. City shall have unrestricted authority to publish, disclose and otherwise use, in
whole or in part, any reports, data or other materials prepared under this Agreement.
J. Compliance with laws. In performing the scope of services required hereunder,
Contractor shall comply with all applicable laws, ordinances, and codes of federal, state,
and local governments.
K. Termination:
1. Grounds for termination of this Agreement shall include, but shall not be limited to:
a. Any act or omission by Contractor and/or her officers, employees, or agents, by
which Contractor fails to fulfill in a timely and proper manner her obligations under
this Agreement, violates any of the covenants, agreements, and/or stipulations of
this Agreement, falsifies any record or document required to be prepared under this
agreement, engages in fraud, dishonesty, or any other act of misconduct in the
performance of this contract.
b. A determination by the Meridian City Council that termination of this Agreement is
in the best interest of City.
c. An act or omission by either party which breaches any term of this Agreement.
d. An act of nature, loss of grant funding, or other unforeseeable event which
precludes or makes impossible the performance of the terms of this Agreement by
either party.
e. A change in circumstances that renders the performance by either party a detriment
to the public health, safety, or welfare.
2. Either party may terminate this Agreement by providing written notice of intention to
terminate. Such written notice shall include a description of the breach or
circumstances providing grounds for termination. A seven (7) day cure period shall
commence upon mailing of the notice of intention to terminate. If, upon the expiration
of such cure period, cure of the breach or circumstances providing grounds for
termination has not occurred, this Agreement may be terminated upon mailing of
written notice of termination.
3. In the event of any termination of this Agreement for any reason and/or by either party,
all finished or unfinished documents, data, and reports prepared by Contractor under
this Agreement shall become City's property, and Contractor shall be entitled to receive
just and equitable compensation for any work satisfactorily completed hereunder, not to
exceed the maximum amount set forth herein.
4. Notwithstanding the above or any other provision of this Agreement, Contractor shall
not be relieved of liability to City for damages sustained by City by virtue of any breach
of this Agreement by Contractor, and City may withhold any payments to Contractor
for the purposes of set-off until such time as the exact amount of damages due City
from Contractor is determined. This provision shall survive the termination of this
agreement and shall not relieve Contractor of her liability to City for damages.
L. Construction and severability. If any part of this Agreement is held to be invalid or
unenforceable, such holding will not affect the validity or enforceability of any other part
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of this Agreement so long as the remainder of the Agreement is reasonably capable of
completion.
M. Advice of attorney. Each party warrants and represents that in executing this Agreement,
it has received independent legal advice from its respective attorney and/or has received the
opportunity to seek such advice.
N. Non -waiver. Failure of either party to promptly enforce the strict performance of any term
of this Agreement shall not constitute a waiver or relinquishment of any party's right to
thereafter enforce such term, and any right or remedy hereunder may be asserted at any
time after the governing body of either party becomes entitled to the benefit thereof,
notwithstanding delay in enforcement.
O. Entire agreement. This Agreement contains the entire agreement of the parties anc
supersedes any and all other agreements or understandings, oral of written, whether
previous to the execution hereof or contemporaneous herewith.
P. Applicable law. This Agreement shall be governed by and construed and enforced in
accordance with the laws of the State of Idaho.
Q. Approval required. This Agreement shall not become effective or binding until approved
by the governing body of City.
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CITY OF MERIDIAN:
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City Clerk
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EXHIBIT A
SCOPE OF SERVICES
E. EVALUATION
EI, Tool
The type of data that will be collected to measure the effectiveness of the strategies and activities
of the 12 Month Coalition Action Plan.
The project evaluation for MADC is broken down into Coalition Process Evaluation and
Program/Objective Outcome Evaluation. Outcome data is collected utilizing already existing
surveys/data tools and measures changes in the usage and perception of participants that is
consistent with the goals of the project. The environmental scan of existing policies, community
attitudes, behaviors, perceptions to identify gaps in the current prevention system in Meridian is
completed yearly and will be continually updated to provide current data that MADC can base
changes in our yearly action plan on. Coalition Process data is collected utilizing key informant
interviews, brief individual telephone interviews/group interviews or written surveys, attendance
lists, meeting minutes, and bi-yearly Kaizen assessments.
The sole purpose of the project evaluation is to answer two questions: (1) Are the efforts of
MADC reducing substance abuse among youth and, over time, among adults and (2) are the efforts
of MADC establishing and strengthening collaboration among our communities, private nonprofit
agencies, and federal, state, local, and tribal governments to support the efforts of our coalition to
prevent and reduce substance abuse among youth.
Evaluating our Environmental Change Strategies:
Environmental change strategies have specific advantages over strategies that focus exclusively on
the individual. Because they target a much broader audience, they have the potential to produce
widespread changes in behavior at the population -level. When implemented effectively, they can
create shifts in both individual attitudes and community norms that can have long-term, substantial
effects: a more cost-effective solution. Ideally, the most effective prevention approaches, such as
those described in our action plan, are those that include a blend of environmental strategies that
align with and reinforce prevention strategies directed at individuals. But evaluating the success of
environmental change strategies can be challenging; it requires a shift in thinking—from the
individual as the unit of analysis to the population. We have selected the CDC developed
CHANGE tool to conduct our evaluation of the environmental change strategies we deploy.
Our Process Evaluation:
Our process evaluation looks at how well we are developing as a coalition. It helps us determine
the degree to which members are actively involved in all aspects of the coalition. Our methods
for collecting process data include interviews and bi-annual coalition process assessments utilizing
the Kaizen assessment tool.
Outcome Evaluation:
Our outcome evaluation measures the results of the program's we support, determining whether a
program or strategy produced the desired changes it intended to achieve. We utilize the following
tools in evaluating program outcomes:
➢ DFC Support Program Evaluation of Core Measures Survey
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➢ MADC Funded Programs Survey —MADC utilizes the Thorsteinson assessment
➢ MADC Community Assessment — as part of MADC's Drug Free Communities grant, a city
level environmental scan is conducted every other year.
➢ IDHS Region 4 assessment — this assessment is conducted by Idaho's Single State Authority
each year to determine prevention program funding
➢ Drug Take Back Survey — to be given to persons dropping off their meds. This is a short
three question survey asking Is this your first time to use our Drug Take Back program? How
did you hear of the Meridian Police Drug Take Back program? And How did you dispose of
your unused prescription or medication before this?
➢ Local school incident report data
➢ Local police data
How the coalition will measure and analyze the data collected.
The evaluation methodology framework will be a Community -Based Participatory model
(CBPR). This model was chosen because it fully includes stakeholders. Most methodologies that
use stakeholder input have an advisory committee who "blesses" the evaluation. In CBPR,
stakeholders actually help design and interpret the evaluation. The CBPR is particularly
appropriate for the community coalition movement. Participants in the CBPR are co -collaborators
with the professional evaluator. The Kellogg Foundation defines CBPR as a collaborative
approach to research that equitably involves all partners in the research process and recognizes
the unique strengths that each brings. CBPR begins with a research topic of importance to the
community, has the aim of combining knowledge with action and achieving social change to
improve health outcomes and eliminate health disparities.
Because the Coalition understands we do not have all the experience and capability needed to
lead and update a CBPR evaluation for our local needs and coalition process assessment, both the
outcome and process evaluation will be led by contracted evaluator Bethany Gadzinski. As the
former States Single State Authority Director for Substance Abuse Prevention and Treatment, Ms.
Gadzinski has access to a multitude of State, Regional and local data bases. Ms. Gadzinski has
been collecting, analyzing and reporting local and State project evaluation data for the past 12
years.
Ms. Gadzinski, will collect all data from individual programs. Each program will assign
unique identifiers to preserve program participant confidentiality; the identity of program
participants cannot be determined by any of the records or notations retained on file. Participation
is strictly voluntary. Program participants will always be informed of the purpose of the
evaluation and will be advised that their participation or lack thereof does not affect program
eligibility or participation. When necessary, data collection will be conducted in the native
language of the client. In addition, data reports will segregate data by cultural factors including
age, gender, sexual orientation, race and ethnicity to address culturally appropriate data collection
issues and compare data to the aggregate client population. Data changes will be tracked and
reported using an Access data base that can be interfaced with SPSS software.
The data will be used at two levels. First, it will be used as a means of evaluating coalition project
activities. The data can provide information needed to either focus or redirect activities at the
community level. Second, the data will be an additional input for the evaluation team. Members
of the team can use the data to more closely evaluate the Meridian community. Additionally, the
evaluation team will use the data to refine its assessment of needs and gaps.
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E2. Barriers
Describe, citing specific examples, barriers and challenges to data collection and evaluation and
your plans to overcome them.
Anticipating and handling potential barriers to the success of our evaluation is an important
component in the evaluation process. A number of factors may influence the direction and/or
success of our evaluation. Listed below are categories of factors that may influence our evaluation.
Funding. Funding is typically the barrier most frequently experienced when conducting a
comprehensive evaluation of a program. Evaluation requires substantial resources, and program
coordinators frequently place higher priority on meeting service needs than on evaluation. Funding
agencies contribute to this situation if they require evaluation without specifying the level at which
it is to be done or do not allocate adequate resources for both service delivery and evaluation. To
overcome this barrier we have requested the maximum amount of local evaluation funding
allowed under this grant — 9%.
Evaluation expertise. Contracting with an external evaluator requires a greater commitment of
program funds but provides access to a higher level of expertise than is likely to be found among
program coordinators or staff. To overcome this barrier we have selected to contract with an
experienced local evaluator.
Interference with program/school activities. There is a concern that the time required for
evaluation activities adds to the workload of the person collecting the data and, in the case of the
student survey, adds to an already overloaded school year. We plan to overcome this barrier by
continuing the long standing dialogue with the school system and using only one, short and
concise evaluation tool for prevention programs.
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