HomeMy WebLinkAbout20093297.tiffRESOLUTION
RE: APPROVE MEMORANDUM OF AGREEMENT FOR USE AND FUNDING OF A KID'S
PLACE 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, the Board has been presented with an Agreement for Use and Funding of
A Kid's Place among the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Sheriff's Office and acting as the Board of Social
Services, the 19th Judicial District Attorney's Office, and A Kid's Place, commencing January 1,
2010, and ending December 31, 2010, 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, ex -officio Board of Social Services, that the Agreement for Use and Funding of A
Kid's Place among the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Sheriff's Office and acting as the Board of Social
Services, the 19th Judicial District Attorney's Office, and A Kid's Place, 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 16th day of December, A.D., 2009.
ATTEST:
Weld County Clerk to the Boar
BY:
De
APPRO
ty Cler
y
to the Board
ey
Date of signature: <� , G'l
ARD OF COUNTY COMMISSIONERS
Y, cDJ_ORAf,�O
m F. Garcia, Chair
Douglaademachel, Pro-Tem
Sean P. Conway
EXCUSED
David E. Long
2009-3297
F10050
//67O
MEMORANDUM OF AGREEMENT
THIS AGREEMENT is made and entered into this 16th day of December, 2009, by and
between the County of Weld, Colorado, by and through the Board of County Commissioners of the
County of Weld, on behalf of the Weld County Sheriffs Office, and sitting as the Board of Social
Services for the Weld County Department of Social Services, whose address is 915 Tenth Street,
Greeley, Colorado 80631, hereinafter referred to as "County;" the District Attorney for the 19th
Judicial District, whose address is 915 10th Street, Greeley, Colorado 80631, hereinafter referred to
as "District Attorney;" and A Kid's Place, whose address is 2540 11th Avenue, Greeley, Colorado
80631, hereinafter referred to as "Contractor."
WITNESSETH:
WHEREAS, A Kid's Place is currently operating a child abuse assessment center located at
924 11th Street, Suite B, Greeley, Colorado 80631-4063, and
WHEREAS, A Kid's Place is used by County, District Attorney and other agencies pursuant
to investigations into cases of child abuse and neglect, and
WHEREAS, the parties now desire to enter into an agreement regarding the use of A Kid's
Place by County and District Attorney, and funding paid by County for such use.
NOW, THEREFORE, the parties hereto agree in consideration of the mutual promises and
covenants stated herein, enter into an agreement regarding the use of A Kid's Place by County and
District Attorney, and funding paid by County for such use, as follows:
1. TERM: This Agreement shall be for a term beginning on January 1, 2010, and
continuing to December 31, 2010, or until such time that County terminates this
Agreement pursuant to the provisions of Section 6, below.
2. FUNDING: No portion of this Agreement shall be deemed to create an obligation on the
part of any party hereto to expend funds not otherwise appropriated during the term of
this Agreement. County agrees to pay to the A Kid's Place non-profit corporation, the
sum of $814.58.00 per month, up to a total of $9,775.00 for 2010, for the cost of the use
of A Kid's Place by the agencies referred to in this Agreement.
3. USE OF A KID'S PLACE BY COUNTY: County and District Attorney shall have the right
to unlimited use of A Kid's Place for the following purposes: The Weld County
Department of Social Services and the Weld County Sheriff's Office shall have the right
to use A Kid's Place in the course of coordinated investigations into child abuse and
neglect. The District Attorney for the 19th Judicial District shall have the right to use
A Kid's Place to conduct debriefing sessions of investigations into cases of child abuse
and neglect with law enforcement agencies to determine the need for prosecution. No
portion of this Agreement shall be interpreted to require County and/or District Attorney
to use A Kid's Place for any particular investigation or debriefing. County and District
Attorney shall have the right to participate in any training offered at A Kid's Place.
2009-3297
F10050
MEMORANDUM OF UNDERSTANDING - A KID'S PLACE
Page 2
4. ASSISTANCE PROVIDED BY A KID'S PLACE STAFF: A Kid's Place staff members
shall provide the following services during regular business hours:
a. Scheduling the use of A Kid's Place for all agencies that utilize the facility,
scheduling medical exams (for law enforcement only), and appointment
coordination between interviews and medical exams (for law enforcement only).
Maintenance of equipment and facility.
c. Explaining and providing expertise for the use of video and audio equipment kept
at A Kid's Place.
d. Providing various services, including, but not limited to:
1) Greeting and providing a comfortable environment for persons attending
appointments at A Kid's Place.
2) Attending debriefing sessions under the District Attorney.
3) Setting up facility and equipment training and miscellaneous non -
mandatory training.
A Kid's Place Staff members shall be considered employees, interns, and/or volunteers
of A Kid's Place non-profit corporation, and shall not be entitled to any salary or benefits
from County or District Attorney. A Kid's Place non-profit corporation agrees to provide
all necessary insurance for the A Kid's Place Staff members, including, but not limited to,
unemployment insurance, worker's compensation insurance, and liability insurance
which will cover the activities of the A Kid's Place Staff members for any third -party
liability claims alleged to have been caused by the A Kid's Place Staff members while
performing the tasks for A Kid's Place as stated herein.
5. LIABILITY FOR NEGLIGENCE OF EMPLOYEES AND/OR AGENTS OF PARTIES: The
individual parties hereto agree to be solely responsible for any and all injuries and/or
damages caused by negligence of their employees while conducting investigations or
debriefings at A Kid's Place. This Agreement is not intended for the purpose of creating
a relationship between the parties which does not exist currently by virtue of the parties'
individual investigative responsibilities as provided by state and federal law. No portion
of this Agreement shall be deemed to constitute a waiver of any immunities the parties or
their officers or employees may possess, nor shall any portion of this Agreement be
deemed to have created a duty of care that did not previously exist with respect to any
person not a party to this Agreement.
6. TERMINATION: County and District Attorney may terminate this Agreement at any time
upon ninety (90) days notice to A Kid's Place non-profit corporation.
7. "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
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MEMORANDUM OF UNDERSTANDING - A KID'S PLACE
Page 3
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 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.
SIGNED this 16th day of December2009.
ATTEST:
CLERK TO THE BOARD
BY:
Deputy ClerkGto the Board
A KID'S PLACE
BY: --Y
BY:
11
i, /
Executive Director
Cc. ((.>" ,/!u
President, Board Directors
COUNTY OF WELD, COLORADO,
BY AND THROUGH THE BOARD OF
COUNTY COMMISSIONERS OF THE
COUNTY OF WELD, on behalf of the Weld
County Sheriffs Office and
Sitting as the Board of Social Services for
the Weld County Department of Human
Services
BY:
William F. Garcia, Chair
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