HomeMy WebLinkAbout20243136.tiffRESOLUTION
RE: APPROVE MEMORANDUM OF AGREEMENT BETWEEN WELD COUNTY,
COLORADO, AND ENVISION AS RECIPIENT OF WELD COUNTY GENERAL FUND
MONIES, 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, 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 $38,225.00 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, 2025, through December 31,
2025, 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 be, and hereby is, authorized
to sign said agreement.
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2024-3136
FI0081
MEMORANDUM OF AGREEMENT BETWEEN WELD COUNTY, COLORADO, AND ENVISION
AS A RECIPIENT OF WELD COUNTY GENERAL FUND MONIES
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 2nd day of December, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUADO
ATTEST: a,.,d7./�.�.�)
Weld County Clerk to the Board
BLAtridlYt (1)
Deputy Clerk to the Board
County orney
1
Date of signature:
0
Key' oss, Chair
Perry L. Bu,- , Pro-Tem
2024-3136
FI0081
MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into on this, the 2nd day of December, 2024, 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 $38,225.00 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, 2025, through December 31, 2025.
3. COMPENSATION: "Weld" agrees to pay "Contractor" for services performed
hereunder at a rate of $9,556.25 per quarter.
4. The total amount paid by "Weld" to "Contractor" under this Agreement shall not
exceed the sum of $38,225.00.
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 provide Early Intervention Services and has been designated
by the CDEC to provide early intervention services to eligible children in the defined
service area (Weld County). Early Intervention Service Brokers EISB are described
under §26.5-3-408 (2022), C.R.S. The El Colorado program is administered by the
CDEC through contracts with ElBs. Contractors deliver community -based El
services to infants and toddlers, birth through two (2) years of age (after age three
for certain children who are eligible for the Extended Part C Option), who have been
determined to have a developmental delay or disability, who have been diagnosed
with a physical or mental condition that has a high probability of resulting in a
significant delay in development (established condition), or who are living with a
parent who has a developmental disability as determined by a Case Management
MEMORANDUM OF AGREEMENT - ENVISION
PAGE 2
Agency contracted under the Department of Health Care Policy and Financing.
Contractors are responsible for the provision of Service Coordination, the
development and implementation of the Individualized Family Service Plan (IFSP)
development and monitoring the delivery of services.
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.
MEMORANDUM OF AGREEMENT - ENVISION
PAGE 3
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" 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.
MEMORANDUM OF AGREEMENT - ENVISION
PAGE 4
IN WITNESS WHEREOF, the parties above named have executed this agreement on the
2nd day of December, A.D., 2024.
ATTEST: .l ..1n•4 BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board WELD COUN , pO
BY. lock_
Deputy Clerk to the Board
R O
Kevin D. Ross, Chair
APPROVED AS TO SUBSTANCE:
Controller or Chief Financial Offi d Official or Department Head
ENVISION
By: CA--4-",.../d-
Title: Executive Director
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