HomeMy WebLinkAbout850097.tiff RESOLUTION
RE: APPROVAL OF MEMORANDUM OF AGREEMENT BETWEEN WELD COUNTY,
COLORADO AND WELD COUNTY COMMUNITY CENTER FOUNDATION,
INC. AS A RECIPIENT OF WELD COUNTY GENERAL FUND MONIES
AND AUTHORIZATION FOR CHAIRMAN 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 Weld County Community Center Foundation, Inc. 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 said Memorandum of Agreement is
attached hereto and incorporated herein by reference, and
WHEREAS , Weld County Community Center Foundation, Inc.
has been awarded the sum of $39 ,148 .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 ,
1986 through December 31 , 1986 , and
WHEREAS, the Board of County Commissioners deems it
advisable and in the best interests of Weld County to approve
said Memorandum of 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 Weld County
Community Center Foundation, Inc. as a recipient of Weld
County General Fund monies be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman of
the Board of County Commissioners of Weld County, Colorado
be, and hereby is, authorized to sign said Memorandum of
Agreement.
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8500')7
Page 2
RE: MEMORANDUM OF AGREEMENT - COMMUNITY CENTER FOUNDATION
The above and foregoing Resolution was, on motion duly
made and seconded, adopted by the following vote on the 18th
day of November, A.D. , 1985 .
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
"` )J gHa ne Joh s•n, Chairman
ATTEST: / � + v'
Weld County Clerk and Recorder Gene R. Brae Pro-Tem
and Clerk to the B mr
_tin-
,_ (77Y-114.-toy C. W. K
eputy CountyClerk .7
APP // D FORM: GoI 'L c
County ttorney rank Ya uchi <
MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into on this , the
18 th day of November , 1985 , by and between Weld
County, hereinafter referred to as "Weld" and Weld County
Community Center Foundation, Inc. , hereinafter referred to as
"Contractor" , the parties agree as follows:
WHEREAS, the Board of County Commissioners of Weld
County, Colorado, has awarded Weld County Community Center
Foundation, Inc. a sum of $36 ,587 .00 of Weld County General
Fund monies to provide developmental disability services, and
WHEREAS, the County implements programs and services
throughout Weld County to Weld County residents , 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
Weld County Community Center Foundation, Inc.
2 . CONTRACT PERIOD will be from January 1 , 1986
through December 31 , 1986 .
3 . COMPENSATION: "Weld" agrees to pay "Contractor"
for services performed hereunder at a rate of $9 ,787 .00 per
quarter.
4 . The total amount paid by "Weld" to "Contractors"
under this Agreement shall not exceed the sum of $39 ,148 .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" .
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" .
The "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 . The "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.
17. Any equipment acquired from funds covered by this
contract shall remain the property of "Weld" , but the
"Contractor" shall have full use of the equipment for so long
as the "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 16 th day of November
A.D. , 1985 .
BOARD OF COUNTY COMMISSIONERS
Q.�.� �FA Vt tehri WELD COUNTY, COLORADO
ATTEST
By- � \\, �_r� `-
Weld County Clerk and Recorder C aiirn 9
and Clerk to the Boajd;
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BY,.. Cr7)t--c.c n i (,�i�c Zc�ccaJ
eputy County C1`erk (j5k-' r Dy � t �Y/�M�O ik
Con ctor
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