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Home My WebLink About20252749.tiffResolution Approve Memorandum of Understanding for Collaborative Support on Conflict of Interest Investigations and Authorize Chair to Sign — Mesa County Department of Human Services 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 a Memorandum of Understanding for Collaborative Support on Conflict of Interest Investigations between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Services, and Mesa County Department of Human Services, commencing September 1, 2025, and ending August 31, 2026, with further terms and conditions being as stated in said memorandum of understanding, and Whereas, after review, the Board deems it advisable to approve said memorandum of understanding, 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, that the Memorandum of Understanding for Collaborative Support on Conflict of Interest Investigations between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Services, and Mesa County Department of Human Services, be, and hereby is, approved. Be it further resolved by the Board that the Chair be, and hereby is, authorized to sign said memorandum of understanding. The Board of County Commissioners of Weld County, Colorado, approved the above and foregoing Resolution, on motion duly made and seconded, by the following vote on the 8th day of October, A.D., 2025, nunc pro tunc September 1, 2025: Perry L. Buck, Chair: Aye Scott K. James, Pro-Tem: Aye Jason S. Maxey: Aye Lynette Peppier: Aye Kevin D. Ross: Aye Approved as to Form: Bruce Barker, County Attorney Attest: Esther E. Gesick, Clerk to the Board cc: HS t 1u\3u\a5 2025-2749 HR0097 CbrA vad-tDVg93c BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Mesa County Department of Human Services Memorandum of Understanding DEPARTMENT: Human Services DATE: September 30, 2025 PERSON REQUESTING: Jamie Ulrich, Director, Human Services Brief description of the problem/issue: The Department is requesting Board approval to enter into a MOU with the Mesa County Department of Human Services for collaborative support on investigations which are a conflict of interest for either county. The term of this MOU is September 1, 2025, through August 1, 2026, and may be extended upon mutual written agreement of the parties. This MOU has been reviewed and approved by Legal (B. Howell). What options exist for the Board? Approval of the Mesa County Department of Human Services MOU. Deny approval of the Mesa County Department of Human Services MOU. Consequences: Weld County will not have a current MOU in place with Mesa County for collaborative support on investigations that are a conflict of interest. Impacts: Weld County will not have assistance with investigations that area conflict of interest. Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): This is a non -financial MOU agreement. Recommendation: • Approval of the Memorandum of Understanding and authorize the Chair to sign. Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: Perry L. Buck Scott K. James Jason S. Maxey Lynette Peppier Kevin D. Ross 0./ Pass -Around Memorandum; September 30, 2025 — CMS ID 9939 2025-2749 Ili/$ 1*609 7 MEMORANDUM OF UNDERSTANDING BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND THE MESA COUNTY DEPARTMENT OF HUMAN SERVICES r� L THIS MEMORANDUM OF UNDERSTANDING is entered into this �„ .day of UC"`be.i/ , 2025, by and between the Board of County Commissioners, on behalf of the Weld County Department of Human Services, hereinafter referred to as "Weld County," and Mesa County, Colorado, a political subdivision of the State of Colorado, by and through the Mesa County Department of Human Services hereinafter referred to as "Mesa County" (together the `Counties'). Purpose The purpose of this Memorandum of Understanding (MOU) is to establish an agreement between the Counties for collaborative support on investigations which are a conflict of interest for either party. Term of this Memorandum of Understanding This Memorandum of Understanding ("MOU" or "Agreement") shall be effective beginning September 1, 2025, through August 31, 2026, and may be extended upon mutual written agreement of the parties. Roles and Responsibilities There may be occasions when one of the counties receives a referral for an investigation that presents a conflict of interest. Such conflicts may arise due to employee involvement or a personal relationship between the county investigator and the client. In these situations, one county may request assistance from the other county to conduct the investigation. 1. If the counties agree, the county which received the conflict referral will provide the investigating county all documentation, witness statements and/or other evidence that pertain to the case. 2. The investigating county shall receive full cooperation from the other county. 3. The investigating county will assume full responsibility for expenses they incur as a result of the investigation. 4. The investigating county shall establish any claim associated with the investigation and shall be entitled to any retention monies from these claims. 5. No county is obligated to accept conflict referrals from the other. Modifications. This Agreement may be modified in writing, in whole or in part, upon approval of the signers. Termination. This Agreement may be terminated at any time by either party giving thirty (30) days written notice to the signers. No portion of this MOU shall be deemed to create an obligation on the part of the County of Weld, or County of Mesa, State of Colorado, to expend funds not otherwise appropriated, as this MOU is subject to the availability of funding. Therefore, Weld or Mesa County may terminate this MOU at any time if the source of funding for the services are no longer available, or for any other reason. Entire Agreement. This MOU contains the entire agreement and understanding between the parties with respect to the subject matter hereof and may not be changed or modified except as stated herein. This MOU shall be binding upon the parties hereto, their successors, heirs, legal representatives, and assigns. Parties may not assign any of its rights or obligations hereunder without the prior consent of both parties. No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this MOU, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this MOU shall give or allow any claim or right of action whatsoever by any other person not included in this MOU. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this MOU shall be an incidental beneficiary only. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. Independent Contractor. Mesa County agrees that it is an Independent Contractor and that Mesa County's officers, agents or employees will not become employees of Weld County, nor entitled to any employee benefits from Weld County as a result of the execution of this MOU. Mesa County shall perform its duties hereunder as an Independent Contractor. Mesa County shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this MOU. Mesa County, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for Mesa County or any of its agents or employees. Unemployment insurance benefits will be available to Mesa County and its employees and agents only if such coverage is made available by Mesa County or a third party. Mesa County shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this MOU. Severability. If any term or condition of this MOU shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this MOU shall be construed and enforced without such provision, to the extent that this MOU is then capable of execution within the original intent of the parties. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. ATTEST: We 'ti BY: WELD COUNTY: BOARD OF COUNTY COMMISSIONERS Clerk to the Board WELD, COUNTY, COLORADO Deputy Clerk to the Boa%`�'r\ l 1 4 erry L., uck, Chair SA COUNTY: OCT o 8 2025 esa County Department of Human Services 510 29 '/z Rd Grand Junction CO 81504 JiUG CaGvei ByJill Calvert (Sep 22, 2025 14:02:56 MDT) Jill Calvert, Mesa County DHS, Executive Director Date: 09/22/2025 2uti5 -2-14°1 SIGNATURE REQUESTED: Weld County/Mesa County MOU 2025 Final Audit Report 2025-09-22 Created: 2025-09-22 By: Lesley Cobb (cobbxxlk@weld.gov) Status: Signed Transaction ID: CBJCHBCAABAAAvrRiDGuNCIOEOO040RxrTtlwVx4Ga5 "SIGNATURE REQUESTED: Weld County/Mesa County MOU 2025" History n Document created by Lesley Cobb (cobbxxlk@weld.gov) 2025-09-22 - 7:35:31 PM GMT- IP address: 204.133.39.9 O4 Document emailed to Jill Calvert (jill.calvert@mesacounty.us) for signature 2025-09-22 - 7:36:40 PM GMT t Email viewed by Jill Calvert (jill.calvert@mesacounty.us) 2025-09-22 - 8:02:01 PM GMT- IP address: 74.125.209.1 43 Document e -signed by Jill Calvert (jill.calvert@mesacounty.us) Signature Date: 2025-09-22 - 8:02:56 PM GMT - Time Source: server- IP address: 35.131.54.13 O Agreement completed. 2025-09-22 - 8:02:56 PM GMT Powered by Adobe Acrobat Sign Contract Form Entity Information Entity Name * MESA COUNTY Entity ID* @00004766 ❑ New Entity? Contract Name * Contract ID MESA COUNTY DEPARTMENT OF HUMAN SERVICES 9939 MOU (COLLABORATIVE SUPPORT ON CONFLICT OF INTEREST CASE INVESTIGATIONS) Contract Status CTB REVIEW Contract Lead * COBBXXLK Contract Lead Email cobbxxlk@weld.gov Parent Contract ID Requires Board Approval YES Department Project # Contract Description * NEW MOU WITH MESA COUNTY TO ESTABLISH AN AGREEMENT BETWEEN COUNTIES FOR COLLABORATIVE SUPPORT ON INVESTIGATIONS THAT ARE A CONFLICT OF INTEREST. TERM: SEPTEMBER 1, 2025 TO AUGUST 31, 2026 AND MAY BE EXTENDED UPON MUTUAL WRITTEN AGREEMENT. Contract Description 2 PA ATTACHED Contract Type * Department AGREEMENT HUMAN SERVICES Amount* $ 0.00 Renewable* YES Automatic Renewal Grant IGA Department Email CM- HumanServices@weld.gov Department Head Email CM-HumanServices- DeptHead@weld.gov County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL D.GOV If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Requested BOCC Agenda Due Date Date* 10/04/2025 10/08/2025 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Contact Info Review Date* 06/30/2026 Renewal Date* 08/31/2026 Committed Delivery Date Expiration Date Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head JAMIE ULRICH DH Approved Date 10/01/2025 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 10/08/2025 Finance Approver CHERYL PATTELLI Legal Counsel BYRON HOWELL Finance Approved Date Legal Counsel Approved Date 10/02/2025 10/02/2025 Tyler Ref # AG 100825 Originator COBBXXLK Hello