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Home My WebLink About20083321.tiff RESOLUTION 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, 2009, and ending December 31, 2009, 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 Sheriffs 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 17th day of December, A.D., 2008. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: '; L,,a� �;Wi jial7 H. Jerke Chair Weld County Clerk to t B..4 .,,$) � ��` � Pr1861 - f.1 I �4na .}'\ iL gAt ;� W Robert D i ,sden, Pro-Tem BY: - �. Ask '?_. ��i � - i�� Deputy Clerk to the B c,4:%',(J H \, Will' F. Garcia APP ill 3 U David E. Long County Attorney Douglas ademache Date of signature: /� Vog 2008-3321 0 {� K, ,j S C O r2s c.> FI0048 MEMORANDUM OF AGREEMENT THIS AGREEMENT is made and entered into this 17th day of December, 2008, 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, 2009, and continuing to December 31, 2009, 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$1,375.00 per month, up to a total of $16,500 for 2009, 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 Sheriffs 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. 4. ASSISTANCE PROVIDED BY A KID'S PLACE STAFF: A Kid's Place staff members shall provide the following services during regular business hours: 2008-3321 FI0048 • MEMORANDUM OF AGREEMENT -A KID'S PLACE Page 2 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). b. 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 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, 2008-* F10048 MEMORANDUM OF AGREEMENT - A KID'S PLACE Page 3 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. SIGNED this 17th day of December, 2008. YA' L �1 ATTEST: iledeli COUNTY OF WELD, COLORADO, PI,�,-'‘ a '� BY AND THROUGH THE BOARD OF CLERK TO THE BOA'�� I"' GF �i COUNTY COMMISSIONERS OF THE 1 COUNTY OF WELD, on behalf of the Weld /; ,..„ j ,, , County Sheriff's Office and BY: �� a _ ''% i cl:_ Sitting as the Board of Social Services for Deputy Clerk e Boar. r the Weld County Department of Social Services BY: "'-i - I- /i - William H. Jerke, Chair - A KID'S PLACE BY: �.c-ce- - ,-.— Exe ive Director C) BY: 27 i7.7WW President, Board of Direc ors 2008 53'/ FI0048 Hello