HomeMy WebLinkAbout20083328.tiff RESOLUTION
RE: APPROVE MEMORANDUM OF AGREEMENT BETWEEN WELD COUNTY,COLORADO,
AND ENVISION 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 Envision,
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,Envision,has been awarded the sum of$46,125.00 from Weld County General
Fund monies, which monies are for the purpose of improving developmental disability services to
Weld County citizens, and
WHEREAS,the contract period shall be from January 1,2009,through December 31,2009,
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
Envision, 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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RESOLUTION - ENVISION
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The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 17th day of December, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
/���� WELD COUNTY, COLORADO
ATTEST: 414#D�'(/� \ l 'c
ti f, . ill' m H. Jerke, Chair
Weld County Clerk t tip, p TFI � i1 ,_
y 1y1Pn�,1,
2 W Robert D. den, Pro-Tem
Deputy Clerk to the
Willi . Garcia
APPROVES edi
]_ David E. Long
-County Attorney at
ougl Rademac er
Date of signature: ,
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MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into on this, the 17th day of December, 2008, by
and between Weld County, hereinafter referred to as "Weld"and Envision, hereinafter referred to
as "Contractor", the parties agree as follows:
WHEREAS, the Board of County Commissioners of Weld County, Colorado, has awarded
Envision a sum of$46,125.00.00 of Weld County General Fund monies to provide developmental
disability 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 developmental disability 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 developmental disability
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, 2009, through December 31, 2009.
3. COMPENSATION: "Weld" agrees to pay "Contractor" for services performed
hereunder at a rate of$11,531.25 per quarter.
4. The total amount paid by "Weld" to "Contractor" under this Agreement shall not
exceed the sum of$46,125.00.
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"agrees to perform residential placement and case management services
for persons who are developmentally disabled as provided in Section 27-10.5-101, et
seq., C.R.S., and Section 27-10-125, C.R.S. "Residential and case management
services", as those terms are used above, include such assistance to the Weld
County Attorney for presentation of evidence in court proceedings as allowed by law
and appropriate affirmative steps to offer residential placement and case
management services to developmentally disabled persons involved in court
proceedings who are not, at the time of referral to the Weld County Attorney,
receiving services from "Contractor."
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MEMORANDUM OF AGREEMENT - ENVISION
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7. "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.
8. "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.
9. "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.
10. "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.
11. "Contractor" may not assign or transfer this agreement, any interest therein or claim
thereunder without the prior written approval of"Weld".
12. 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.
13. "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.
14. "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".
15. No alteration or variation of the terms of this agreement shall be valid unless made
in writing and signed by the parties hereto.
16. "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.
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MEMORANDUM OF AGREEMENT - ENVISION
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17. 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.
18. 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 County 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 17th
day of December, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld County Clerk to the argil
1t : William H. Jerke, Chair
'€
By. 21 l_,
Deputy Cle to the Board 1 v ENVISION
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2008- &4'
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