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HomeMy WebLinkAbout20060144.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 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 1,2006,through December 31, 2006, 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. 2006-0144 FI0042 CO Eta EN vision/ G'l - -oG RESOLUTION - ENVISION PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 9th day of January, A.D., 2006, nunc pro tunc January 1, 2006. a BOARD OF COUNTY COMMISSIONERS�°�� WELD COUNTY, COLORADO ATTEST: Of �('_5\\;��"'-??4 EXCUSED M. ee, Chair Weld County Clerk to th s. ei David E. Long, Pro-Tem BY: � r•�� tL41 D=O uty CI¶k to the Bo.}d EXCUSED Wil ' m HH.��Je--rke APP DA M: �. — Robert Masd n ou ttorney i AL E pn Glenn Vaad — Date of signature: 113I0to 2006-0144 FI0042 MEMORANDUM OF AGREEMENT THIS AGREEMENT,made and entered into on this, the 9th day of January, 2oa4DY 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 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 Envision 2. CONTRACT PERIOD will be from January 1, 2006, through December 31, 2006. 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. 2006-0144 FI0042 MEMORANDUM OF AGREEMENT- Envision PAGE 2 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". 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. FI0042 MEMORANDUM OF AGREEMENT- Envision PAGE 3 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 underthis agreement. 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. IN WITNESS WHEREOF,the parties above named have executed this agreement on the 9th day of January, 2006. �•_�A p"��, BOARD OF COUNTY COMMISSIONERS ATTEST: 11 10'-..` WELD NTY, COLORADO Weld County Clerk to the Board j Ej�` Y: I 1 David E. Long, Chai ro-Tem -anrr: By. ( 6U ' 1 ait 4g2 01 9/2006 Duty C rk to the Bo- • f �� VISION BY: i-.-_._y, FI0042 Hello