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Home My WebLink About20131737.tiffRESOLUTION RE: APPROVE MEMORANDUM OF AGREEMENT BETWEEN WELD COUNTY, COLORADO, AND YOUTH AND FAMILY CONNECTION AS A RECIPIENT OF WELD COUNTY GENERAL FUND MONIES AND AUTHORIZE CHAIR TO SIGN THE SAME 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 Youth and Family Connection, 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, Youth and Family Connection, has been awarded the sum of $27,594.00 from Weld County General Fund monies, which monies are for the purpose of proving youth services to Weld County citizens, and WHEREAS, the contract period shall be from January 1, 2013, through December 31, 2013, 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 Youth and Family Connection, 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. cc,' %e>] Yoil,� ,; t lime e/leas '7-17- d67/S 2013-1737 FI0057 RESOLUTION - YOUTH AND FAMILY CONNECTION PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of July, A.D., 2013. BOARD OF COUNTY COMMISSIONERS WELDY, COLORADO Weld County Clerk to the Board BY: • Deputy Cle AP Garcia, Chair EXCUSED Douglas Rademacher, Pro-Tem Sean P. Conway 0 d lti-rtia. Mike Freeman Attorney �{j / yylq \ , j� EXCUSED Barbara Kirkmeyer Date of signature: JUL 16 2013 2013-1737 FI0057 MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into on this, the 8th day of July, 2013, by and between Weld County, hereinafter referred to as "Weld" and Youth and Family Connection, hereinafter referred to as "Contractor", the parties agree as follows: WHEREAS, the Board of County Commissioners of Weld County, Colorado, has awarded Youth and Family Connection a sum of $27,594.00 of Weld County General Fund monies to provide youth 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 improving youth 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 youth services. 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, 2013, through December 31, 2013. 3. COMPENSATION: "Weld" agrees to pay "Contractor" for services performed hereunder at a rate of $6,898.50 per quarter. 4. The total amount paid by "Weld" to "Contractor" under this Agreement shall not exceed the sum of $27,594.00. 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. 2013-1737 FI0057 MEMORANDUM OF AGREEMENT - YOUTH AND FAMILY CONNECTION PAGE 2 8. "Contractor" agrees that it is an independent contractor and that its officers 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. 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. 16. 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- 2013-** FI0057 MEMORANDUM OF AGREEMENT - YOUTH AND FAMILY CONNECTION PAGE 3 102(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 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 8th day of July, A.D., 2013. BOARD OF COUNTY COMMISSIONERS WELD CfdOJJTY, COLORADO ATTEST: , Weld County Clerk to the Board S / '►rL' 'f BY: Deputy JUL 0 8 2013 YOUTH AND FAMILY CONNECTION BY: 2013-I3 FI0057 Esther Gesick From: Sent: To: Cc: Subject: Attachments: Don Warden Monday, June 17, 2013 3:44 PM Esther Gesick; Chris D'Ovidio Barb Connolly; Judy Griego; Lennie L. Bottorff FW: Youth and Family MOU Youth and Family Connection.doc As indicated below Social Services will not be able to fund Youth and Family Connection. They have been looking for their payments this year and they have not been paid because we do not have a contract with them. I have prepared the attached MOU for 2013 to pay them and I will do a supplemental appropriation for it in the amount of $27,594. Esther can you put this MOU on the agenda for July 8, 2013, when I am the BOCC. Also, will you send two copies to Mike Guthrie at Youth and sign and return by July 8th. Youth and Family Connection's address is Greeley, CO 80634. Chris you can go ahead and process the first three now even though the MOU is not signed in the total then process the fourth quarter in late September. Donald D. Warden Director of Budget and Management Analysis Finance and Administration PO Box 758 1150 0 Street Greeley, CO 80632 tel: 970-356-4000 Extension 4218 email: dwarden@co.weld.co.us there to explain it to Family Connection to 2835 west 10th Street, quarterly payments for 2013 of $6,898.50 amount of $20,695.50 to catch them up, and Charge account 1000-90150-6710. Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. Original Message From: Lennie L. Bottorff Sent: Monday, June 17, 2013 2:50 PM To: Don Warden Cc: Judy Griego Subject: RE: Youth and Family Hi Don, Judy and I have discussed this further and have come to the conclusion that this would not be an allowable use of TANF funds. The diversion of youth is truly a law enforcement type of activity and doesn't fulfill any of the four purposes of TANF. I would definitely feel more comfortable with this being paid out of County General Funds, rather than from TANF funds. 1 Thanks. - Lennie Leonard Bottorff Fiscal Manager Weld County Department of Human Services 970-352-1551, ext. 6537 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. Original Message From: Don Warden Sent: Monday, June 10, 2013 2:55 PM To: Judy Griego; Lennie L. Bottorff Subject: RE: Youth and Family Thanks for getting back on this. 2013 was the first time we tried to have TANF pay for the JAC function ($27,594), but if it will not work that is fine. I will budget the $27,594 in the General Fund for 2014. I did not budget anything in the General Fund for 2013, so if we need to pay for it out of the General Fund let me know and I will do a supplemental appropriation and we will need to do a new MOU for 2013. Regarding the HB 1451-IOG I think we should pay for the $36,000 with TANF funds as we have the last couple of years. I will make their request to restore the 10% cut done in 2010 a policy issue for the BOCC to go from $36,000 to $40,000. Let me know if this works for you. Donald D. Warden Director of Budget and Management Analysis Finance and Administration PO Box 758 1150 0 Street Greeley, CO 80632 tel: 970-356-4000 Extension 4218 email: dwarden@co.weld.co.us Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 2 Original Message From: Judy Griego Sent: Monday, June 10, 2013 1:58 PM To: Lennie L. Bottorff; Don Warden Subject: RE: Youth and Family Don, I want to make sure that we are all on the same page. 1. We paid a total of $36,000 out of TANF for County HB1451-IOG participation of Weld County Commissioners ($9,000), Weld County Department of Public Health & Environment ($9,000), and the Weld County Department of Human Services ($18,000). The Health Department and Human Services are mandatory participants along with the Board, as the Board of Human/Social Services, under HB1451-IOG. We continued to pay for the Division of Human Services separately even though we merged as the Weld County Department of Human Services, so that is why our total is $18,000. This was at the request of the Board. 2. We have never paid for the Sheriff's participation on HB1451-IOG because the function that they were and are paying for was for activities under the Juvenile Assessment Center function. They were paying for the temporary holds of youth who were picked -up and needed a place to house the youth until the parents or guardians could be contacted. There is no purpose under TANF that we can pay for this service. 3. The most that I think that we can pay for on behalf of the Sheriff under the 1451-IOG format is $9,000 that we pay for other county participants on the collaborative, even though they are not mandatory participants. I don't know how we can pay the entire amount of $27,000. If you wish us to pay for that part of the Sheriff's participation, we can try to pay for it out of TANF. We would need to amend the 1451 CMP to show that expense for the next year beginning July 1, 2013. If you wish us to go retroactive, we would need to amend the MOU that ends June 30, 2013. Right now, the Sheriff's participation is not illuminated or described in the fashion that would allow us to pay for it under TANF. See the attached MOU for this upcoming year. I don't think that the wording has changed within the law enforcement section for the past year. I note that the YFC is also asking us to increase our payment to $10,000 for each participant under the HB1451-IOG for 2014 beginning July 1, 2014. Don, I can't think of another way to pay for the Sheriff's bill out of TANF. If you and Lennie have other ideas, please let me know. Judy A. Griego, Director Weld County Department of Human Services 315 N 11th Avenue BLDG B Greeley, CO 80631-2014 970.352.1551, extension 6510 Fax 970.353.5215 griegoja@weldgov.com Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 3 Original Message From: Lennie L. Bottorff Sent: Monday, June 10, 2013 10:37 AM To: Judy Griego Subject: FW: Youth and Family Hi Judy, Were you aware of this situation? I'm a little lost on the conversation. Here's what I know: I got an e-mail from Donna McNamara, who works for Barb Connolly, regarding a phone call she received from Mike Guthrie. He said he hadn't received the TANF payment, yet. So, I looked up the payment history for YFC and verified that we had, indeed, sent the $36,000 OIG dues. I called Kelly Schramm to ask what Mike was talking about. Kelly referred me to a quarterly payment that had been coming from the Sheriff's Office in previous years, of approximately $7,000 per quarter ($27,594 per year). So, I responded to Donna that it wasn't TANF dollars, it was Sheriff's Office dollars. She forwarded my e-mail to Mike Guthrie, who called me to clarify. He said that Don Warden had indicated that both the $36,000 and the $27,000 would be paid out of TANF this year. So, now, Accounting and Don are asking us to update the attached MOU with YFC to reflect that we are now paying the $27,000 from TANF. - Lennie Leonard Bottorff Fiscal Manager Weld County Department of Human Services 970-352-1551, ext. 6537 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. Original Message From: Don Warden Sent: Friday, June 07, 2013 3:17 PM To: Chris D'Ovidio Cc: Barb Connolly; Esther Gesick; Lennie L. Bottorff Subject: RE: Youth and Family We paid them in accordance to a MOU we did with them for service. Via a copy of this I will ask Esther Gesick to email Lennie a copy of the MOU we used in the past for Youth and Family Connection or their old name Juvenile Assessment Center. The BOCC would have to approve it and then you can pay in accordance with the MOU. We did not pay them anything in 2010 and 2011 because of their other grants and fund balance, so the last MOU would be 2008 or 2009. If it is still a problem let me know. Donald D. Warden Director of Budget and Management Analysis Finance and Administration PO Box 758 1150 0 Street Greeley, CO 80632 4 tel: 970-356-4000 Extension 4218 email: dwarden@co.weld.co.us Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. Original Message From: Chris D'Ovidio Sent: Friday, June 07, 2013 11:49 AM To: Don Warden Cc: Barb Connolly Subject: FW: Youth and Family Hi Don I spoke with Lennie about this and he remembered hearing about TANF handling the contract that normally ran through the general fund but did not receive anything in regards to the payments. He was wondering if they could get something similar to the memo you provided them for the lump sum payment to youth and Family Connections that they could use as the invoice for these quarterly payments. Thanks for your help and please let me know if there is anything I can do no this Chris Christopher D'Ovidio Senior Accountant Weld County cdovidio@co.weld.co.us (970) 356-4000 ext 4447 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. Original Message From: Donna McNamara Sent: Friday, June 07, 2013 9:25 AM To: Lennie L. Bottorff Cc: Kimberly Higuera; Kimberly Dewey; Don Warden; Barb Connolly; Chris D'Ovidio Subject: RE: Youth and Family Lennie, Now that Barb and Chris are back I have forwarded it to them. Thanks for all your help. Donna 5 Donna McNamara Accounts Receivable Weld County Accounting 1150 0 Street PO Box 758 Greeley, CO 80632 Phone: (970) 356-4000 x4440 dmcnamara@co.weld.co.us Fax: (970) 352-9019 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. Original Message From: Lennie L. Bottorff Sent: Friday, June 07, 2013 9:01 AM To: Donna McNamara Cc: Kimberly Higuera; Kimberly Dewey; Don Warden Subject: RE: Youth and Family Hi Donna, I want to point out that we still haven't really answered Mike's original question with this information. What needs to be done to generate the quarterly payments that appear, from the wording of the attachments, to be ongoing, but haven't been remitted since early 2012? - Lennie Leonard Bottorff Fiscal Manager Weld County Department of Human Services 970-352-1551, ext. 6537 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. Original Message From: Donna McNamara Sent: Thursday, June 06, 2013 2:11 PM To: Lennie L. Bottorff Subject: RE: Youth and Family 6 Lennie Can I send Mike Guthrie this email? Donna McNamara Accounts Receivable Weld County Accounting 1150 0 Street PO Box 758 Greeley, CO 80632 Phone: (970) 356-4000 x4440 dmcnamara@co.weld.co.us Fax: (970) 352-9019 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. Original Message From: Lennie L. Bottorff Sent: Thursday, June 06, 2013 2:09 PM To: Kimberly Higuera; Donna McNamara; Kimberly Dewey Subject: RE: Youth and Family I spoke with Kelly Schramm, who confirmed that it is the $6,898.50 payment(s) they are looking for. He was under the impression (and the attached back-up seems to confirm) that there would be quarterly payments of this amount, but the last they received was in early 2012. I think Mike Guthrie was confusing this payment with the TANF funds, which they have already received. - Lennie Leonard Bottorff Fiscal Manager Weld County Department of Human Services 970-352-1551, ext. 6537 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. Original Message From: Kimberly Higuera 7 Sent: Tuesday, June 04, 2013 10:23 AM To: Donna McNamara; Lennie L. Bottorff; Kimberly Dewey Subject: RE: Youth and Family See email request below --Per phone book, phone number may be 353-1653 Looks like the 2012 contract paid $6,898.50 per quarter by Kim Dewey account 1000-90150-6710- 900 with Don Warden's approval. In 2013 Human Services paid $36,000.00 for a Community Agency Grant Support - Weld County Collaborative Management Program account 2100 424210 6710 4I850 62820. The Sheriff's Office is not funding Tanf and I believe it may be Human Services. If anyone may have information on this process, please call Mike Guthrie. Thanks Kim Original Message From: Donna McNamara Sent: Friday, May 31, 2013 2:03 PM To: Kimberly Higuera Subject: Youth and Family Can you please call Mike Guthrie @ Youth and Family connection. He hasn't received any funds yet this year. This money is coming from Tanf dollars. He wants to know if they were supposed to submit an invoice or something get the moneys. Donna McNamara Accounts Receivable Weld County Accounting 1150 0 Street PO Box 758 Greeley, CO 80632 Phone: (970) 356-4000 x4440 dmcnamara@co.weld.co.us <mailto:kdewey@co.weld.co.us> Fax: (970) 352-9019 cid:image002.jpg@01CDB291.AF53A8F0 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 8 Hello