HomeMy WebLinkAbout20133384.tiffRESOLUTION
RE: APPROVE MEMORANDUM OF AGREEMENT BETWEEN WELD COUNTY,
COLORADO, AND NORTH RANGE BEHAVIORAL HEALTH, AS A RECIPIENT OF
WELD COUNTY GENERAL FUND MONIES AND AUTHORIZE CHAIR TO SIGN
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, a Memorandum of Agreement between Weld County, Colorado, and North
Range Behavioral Health, as a recipient of Weld County General Fund monies has been
presented to the Board of County Commissioners of Weld County, Colorado, a copy of which is
attached hereto and incorporated herein by reference, and
WHEREAS, North Range Behavioral Health, has been awarded the sum of $108,225.00
from Weld County General Fund monies, which monies are for the purpose of providing mental
health services to Weld County citizens, and
WHEREAS, the contract period shall be from January 1, 2014, through December 31,
2014, and
WHEREAS, the Board of County Commissioners deems it advisable and in the best
interest of Weld County to approve said agreement.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Memorandum of Agreement between Weld County, Colorado,
and North Range Behavioral Health, as a recipient of Weld County General Fund monies be,
and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair of the Board of County
Commissioners of Weld County, Colorado, be, and hereby is, authorized to sign said
agreement.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 11th day of December, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD C ifY, COLORADO
ATTESTa^°�'
Weld County Clerk to the B
BY:
APP
Deputy CI
ounty Attorney
arbara Kirkmeyer
Date of signature: DEC 1 2 2013
c
Sean P. Conway
Mike Freeman
n
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MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into on this, the 11th day of December, 2013, by and
between Weld County, hereinafter referred to as "Weld" and North Range Behavioral Health,
hereinafter referred to as "Contractor", the parties agree as follows:
WHEREAS, the Board of County Commissioners of Weld County, Colorado, has awarded
North Range Behavioral Health a sum of $108,225.00 of Weld County General Fund monies to
provide mental health services, and
WHEREAS, the County implements programs and services to residents throughout Weld
County, and
WHEREAS, the "Contractor" provides services in Weld County to the citizens of Weld County,
and
WHEREAS, the parties hereto are desirous of formalizing an agreement for the express
purpose of providing mental health services to Weld County citizens, and
WHEREAS, to implement these goals, the parties desire to establish an agreement for the use
of Weld County General Fund monies for the purpose of providing a mental health program.
NOW, THEREFORE, in consideration of the premises stated herein, the parties hereto agree
as follows:
1. The purpose of this Agreement is to establish an agreement for the use of Weld
County General Fund monies by Contractor.
2. CONTRACT PERIOD will be from January 1, 2014, through December 31, 2014.
3. COMPENSATION: "Weld" agrees to pay "Contractor" for services performed
hereunder at a rate of $27,056.25 per quarter.
4. The total amount paid by "Weld" to "Contractor" under this Agreement shall not exceed
the sum of $108,225.00.
5. "Contractor" assures that as a recipient of General Fund monies, it is fully aware of the
restrictions and requirements of the regulations and applicable State and local law
provisions.
6. "Contractor" assures that as a recipient of General Fund monies, it will spend the
funds in accordance with the same laws and procedures that govern the expenditure
of its own funds.
7. "Contractor" assures that it will maintain sufficient records and an accounting system
and internal control procedures adequate to permit the tracing of the funds to a level of
expenditure which clearly demonstrates that the funds were used in compliance with
the regulations of State and local law.
8. "Contractor" agrees that it is an independent contractor and that its officers, excluding
the Weld County Commissioner Board member, and employees do not become
employees of "Weld" nor are they entitled to any employees' benefits as employees of
"Weld" as a result of the execution of this agreement.
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9. "Contractor" shall indemnify "Weld", its officers and employees against liability for
injury or damage caused by any negligent act or omission of any of its employees or
volunteers or agents in the performance of this agreement and shall hold "Weld"
harmless from any loss occasioned as a result of the performance of this contract by
"Contractor". "Contractor" shall provide necessary worker's compensation insurance
at "Contractor's" own cost and expense.
10. "Contractor" may not assign or transfer this agreement, any interest therein or claim
thereunder without the prior written approval of "Weld".
11. Payment to "Contractor" will be made only upon presentation of proper claim by
"Contractor" subject to the approval of "Weld" that services have been performed.
12. "Weld" shall have access to "Contractor's" financial records for purposes of audit.
Such records shall be complete and available for audit 90 days after final payment
hereunder and shall be retained and available for audit purposes for two years after
final payment hereunder.
13. "Weld" may terminate this agreement at any time by giving "Contractor" a ten-day
written notice of such sooner termination and may be terminated at any time without
notice upon a material breach of the terms of this agreement by "Contractor".
14. No alteration or variation of the terms of this agreement shall be valid unless made in
writing and signed by the parties hereto.
15. "Contractor" assures that it will comply with all Federal and State laws including, but
not limited to, Title VI of the Civil Rights Act of 1964, and that no person shall, on the
grounds of race, color, creed, sex or national origin, be excluded from participation in,
or be denied the benefits of, or otherwise be subjected to discrimination under this
agreement.
11. Any equipment acquired from funds covered by this contract shall remain the property
of "Weld", but "Contractor" shall have full use of the equipment for so long as
"Contractor" continues to function at its current capacity in Weld County, Colorado.
17. "Contractor" certifies that it shall comply with the provisions of Section 8-17.5-101,
et seq., C.R.S. "Contractor" shall not knowingly employ or contract with an illegal alien
to perform work under this Contract or enter into a contract with a subcontractor that
fails to certify to "Contractor" that the subcontractor shall not knowingly employ or
contract with an illegal alien to perform work under this Contract. "Contractor"
represents, warrants, and agrees that it (a) has verified that it does not employ any
illegal aliens, through participation in the Basic Pilot Employment Verification Program
administered by the Social Security Administration and Department of Homeland
Security, and (b) otherwise will comply with the requirements of Section 8-17.5-
102(2)(b), C.R.S. "Contractor' shall comply with all reasonable requests made in the
course of an investigation under Section 8-17.5-102, C.R.S., by the Colorado
Department of Labor and Employment. If "Contractor" fails to comply with any
requirement of this provision or Section 8-17.5-101, et seq., C.R.S., "Weld" may
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terminate this Contract for breach and Contractor shall be liable for actual and
consequential damages to "Contractor".
Except where exempted by federal law and except as provided in Section 24-76.5-
103(3), C.R.S., if "Contractor" receives federal or state funds under this 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 Section 24-76.5-103(4),
C.R.S., if such individual applies for public benefits provided under this 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 Section 24-76.5-101, et seq., C.R.S., and (c) shall produce
one^of the forms of identification required by Section 24-76.5-103, C.R.S., prior to the
effective date of this Contract.
IN WITNESS WHEREOF, the parties above named have executed this agreement on the 11th
day of December, A.D., 2013.
ATTEST: A�s�.,n�li�.k.ti
Weld County Clerk to the Board
By:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
William F. Garcia, Chair
DEC 1 1 2013
NORTH RANGE BEHAVIORAL HEALTH
BY:
kecutive'iDirector
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