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Home My WebLink About20230344.tiffConvvaf ti BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Amendment #1 between Weld County Department of Human Services (WCDHS) and Carol Freimark on Behalf of "Bags of Love" DEPARTMENT: Human Services DATE: November 7, 2023 PERSON REQUESTING: Jamie Ulrich, Director, Human Services Brief description of the problem/issue: Request Board Approval of the Memorandum of Understanding Amendment #1 with Carol Freimark, on behalf of "Bags of Love". This Amendment is to extend the terms of the MOU to January 1, 2024 through December 31, 2024. "Bags of Love" provides age - appropriate toy(s), personal care items, and a handmade blanket(s) for child(ren) who have been removed from their home and placed into the Department's custody by law enforcement and/or the Courts. This MOU outlines the roles and responsibilities of both Bags of Love and the Department. What options exist for the Board? Approval of the Agreement Amendment between WCDHS and Carol Freimark on behalf of "Bags of Love". • Deny approval of the Agreement Amendment between WCDHS and Carol Freimark on behalf of "Bags of Love". Consequences: The current MOU will expire. Impacts: Children in the custody of WCDHS will not receive the toy(s), personal care items and blankets that are provided in the Bags of Love Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): • Total cost = This is a non -financial agreement. Items are donated from members of the community. Recommendation: • Approval of the Amendment #1 and authorize the Chair to sign,. Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: Perry L. Buck, Pro-Tem Mike Freeman, Chair Scott K. James Kevin D. Ross Lori Saine Pass -Around Me orandum; November 7 2023 M D 7590 64.--D) COMA+ �� G1' t x/2O/ 3 /y.20A2L-3 w23 -o34\ AGREEMENT AMENDMENT BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND CAROL FREIMARK ON BEHALF OF BAGS OF LOVE This Agreement Amendment made and entered into Z Util day of NitNif,m IXV 2023 by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Human Services, hereinafter referred to as the "Department", and Carol Freimark, on behalf of Bags of Love, hereinafter referred to as the "Contractor". WHEREAS the parties entered into an Agreement to supply children placed in Department custody or children in need, with supplies to meet their immediate needs, (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No. 2023-0344, approved on February 1, 2023. WHEREAS the parties hereby agree to amend the term of the Original Agreement in accordance with the terms of the Original Agreement and any previously adopted amendment, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The Original Agreement will end on December 31, 2023. • This Amendment, together with the Original Agreement, constitutes the entire understanding between the parties. The following additional changes are hereby made to the current Agreement: 1. This MOU is being renewed for the period of January 1, 2024 through December 31, 2024. • All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. COUNTY: ATTEST:6 ' " ; ok BOARD OF COUNTY COMMISSIONERS Clerk to the Bo dWELD CO TY, COLORADO (y: 4u:do . Deputy Clerk to the Boar Freeman, Chase NOV 2 0 2323 arol Freimark On behalf of Bags of Love 5407 Bobcat Street Frederick, Colorado 80504 CCrot eiwtark By: Carol Freimark (Nov 8, 2023 12:41 MST) Carol Freimark Date: Nov 8, 2023 026,23- 03414- SIGNATURE REQUESTED: Weld/Bags of Love Amendment #1 2024 Final Audit Report 2023-11-08 Created: 2023-11-06 By: Sara Adams (sadams@co.weld.co.us) Status: Signed Transaction ID: CBJCHBCAABAASO9c7AnmFosAtVg9C0YoOHbQBoOoE8XG "SIGNATURE REQUESTED: Weld/Bags of Love Amendment # 1 2024" History 5 Document created by Sara Adams (sadams@co.weld.co.us) 2023-11-06 - 4:12:17 PM GMT C='., Document emailed to clfreimark@msn.com for signature 2023-11-06 - 4:13:02 PM GMT 5 Email viewed by clfreimark@msn.com 2023-11-06 - 5:12:32 PM GMT 5f Signer clfreimark@msn.com entered name at signing as Carol Freimark 2023-11-08 - 7:41:08 PM GMT L55 Document e -signed by Carol Freimark (clfreimark@msn.com) Signature Date: 2023-11-08 - 7:41:10 PM GMT - Time Source: server Q Agreement completed. 2023-11-08 - 7:41:10 PM GMT Powered by Adobe Acrobat Sign Contract Form Entity Information Entity Name FREIMARK, CAROL Entity ID* @00040475 Contract Name" FREIMARK, CAROL (BAGS OF LOVE) - AMENDMENT #1 Contract Status CTB REVIEW Contract ID 7590 Contract Lead SADAMS Q New Entity? Parent Contract ID 20223412 Requires Board Approval YES Contract Lead Email Department Project # sadams@weld.gov;cobbx xlk@weld.gov Contract Description * AMENDMENT #1 TO EXTEND TERM DATES TO JANUARY 1, 2024 THROUGH DECEMBER 31, 2024. MOU KNOWN TO THE BOARD AS TYLER# 2022-3412. Contract Description 2 PA IS ROUTING THROUGH THE NORMAL PROCESS. ETA TO CTB: 11/07/23. Contract Type" Department AGREEMENT HUMAN SERVICES Amount * $0.00 Renewable * YES Automatic Renewal Grant IGA Department Email CM- HumanServices@weldgov. com Department Head Email CM-HumanServices- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL DGOV.COM Requested BOCC Agenda Date * 11/22/2023 Due Date 11/18/2023 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID 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* 10/31/2024 Renewal Date * 12/31/2024 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 11/09/2023 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 11/20/2023 Finance Approver CHERYL PATTELLI Legal Counsel BYRON HOWELL Finance Approved Date Legal Counsel Approved Date 11/13/2023 11/13/2023 Tyler Ref* AG 112023 Originator SADAMS RESOLUTION RE: APPROVE REVISED MEMORANDUM OF UNDERSTANDING FOR BAGS OF LOVE PROJECT, AND RESCIND RESOLUTION #2022-3412, DATED DECEMBER 12, 2022, AND AUTHORIZE CHAIR TO SIGN - CAROL FREIMARK, ON BEHALF OF BAGS OF LOVE 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, on the 12th day of December, 2022, by Resolution #2022-3412, the Board approved a Memorandum of Understanding for the Bags of Love Project 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 Carol Freimark, on behalf of Bags of Love, and WHEREAS, the Board has been presented with a Revised Memorandum of Understanding for the Bags of Love Project 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 Carol Freimark, on behalf of Bags of Love, commencing February 1, 2023, and ending December 31, 2023, with further terms and conditions being as stated in said revised memorandum of understanding, and WHEREAS, after review, the Board deems it advisable to approve said revised memorandum of understanding, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Weld County, Colorado, that Resolution #2022-3412, dated December 12, 2022, for a Memorandum of Understanding for the Bags of Love Project, be, and hereby is, rescinded. BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Revised Memorandum of Understanding for the Bags of Love Project 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 Carol Freimark, on behalf of Bags of Love, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said revised memorandum of understanding. Cc'. H S 17 °21'o/23 2023-0344 HR0095 REVISED MEMORANDUM OF UNDERSTANDING FOR BAGS OF LOVE PROJECT, AND RESCIND RESOLUTION #2022-3412, DATED DECEMBER 12, 2022 - CAROL FREIMARK, ON BEHALF OF BAGS OF LOVE PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 1st day of February, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dad.%) G. 1D;c1 Weld County Clerk to the Board BY: AP County At : rney Date of signature: 02 /0/23 Mik- --man, Chai erry L. Buy, Pro-Tem Sco K. Ja C n �� evin D. Ross Lori Saine 2023-0344 HR0095 Cankvael-lD#ULot PRIVILEGED AND CONFIDENTIAL MEMORANDUM DATE: January 17, 2023 TO: Board of County Commissioners — Pass -Around FR: Jamie Ulrich, Director, Human Services RE: Memorandum of Understanding (MOU) with Carol Freimark on Behalf of "Bags of Love" Please review and indicate if you would like a work session prior to placing this item on the Board's agenda. Request Board Approval of the Department's Memorandum of Understanding (MOU) with Carol Freimark on Behalf of "Bags of Love". The Department entered into a Memorandum of Understanding (MOU) with Carol Freimark on Behalf of "Bags of Love" referenced as Tyler ID#2022-3412 on December 12, 2022 to provide age -appropriate toy(s), personal care items, and handmade blankets, free of charge, for child(ren) who have been removed from their home and placed into the Department's custody by law enforcement and/or the Courts. Due to a request for revisions, the Department is seeking to cancel the current MOU and enter into a new MOU which clarifies the purpose, roles, and responsibilities of both Bags of Love and the Department. The term of the MOU is February 1, 2023 through December 31, 2023, with the option to renew annually. I do not recommend a Work Session. I recommend approval of this Memorandum of Understanding and authorize the Chair to sign. Approve Schedule Recommendation Work Session Other/Comments: Perry L. Buck, Pro-Tem Mike Freeman, Chair Scott K. James Kevin D. Ross Lori Saine Pass -Around Memorandum; January 17, 2023 - CMS ID 6618 Page 1 2023-0344 02.10 N f ooq 5 MEMORANDUM OF UNDERSTANDING BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND CAROL FREIMARK ON BEHALF OF BAGS OF LOVE THIS MEMORANDUM OF UNDERSTANDING is entered into this .i day of ✓ , by and between the Board of County Commissioners, on behalf of the Weld County Department of H an Services, hereinafter referred to as "Department," and Carol Freimark, on behalf of Bags of Love, hereinafter referred to as "Contractor". The purpose of this Memorandum of Understanding (MOU) is to enter a partnership with the Contractor to supply children placed in Department custody or Children in need, with supplies required to meet their immediate needs, also known as "Bags of Love", which have been donated generously from members of the community. Term of this Memorandum of Understanding This Memorandum of Understanding ("MOU" or "Agreement") shall be effective beginning February 1, 2023 through December 31, 2023. The MOU may be extended annually upon written agreement of both parties. Roles and Responsibilities of the Contractor 1. Furnish the Department with one (1) bag of supplies, at no cost, for children who have been removed from their home by law enforcement or by the Court system, and who may be in the custody of the Department. Each bag of supplies will be filled with age -appropriate toy(s), personal care items, and a blanket. 2. Communicate with the Department any need for assistance regarding transporting the supplies at least once per month to the Department's office location, otherwise the supplies will be picked up by the Department at the Contractor's location. 3. Maintain an available stock of supplies necessary to fulfill the Department's projected number of required Bags of Love. 4. Meet with the Department staff quarterly to assess and communicate any additional needs or problems that may arise regarding the ability to meet the needs of the children. 5. Ensure the quality of the contents of each Bag of Love is consistent with the safety and protective needs of the children as approved by the Department. Roles and Responsibilities of the Department 1. Disburse each of the Bags of Love to children in foster and kinship care and ensure that a maximum of one (1) of the Bags of Love is distributed to a child in need. 2. Provide the Contractor with an annual estimate of inventory requirements for the supplies required to meet the needs of the children. 3. Provide the Contractor with quarterly reports of inventory to detail the stock of supplies located at the Department. The inventory details will specifically identify supplies categorized by age groups and gender types. 4. Meet with the Contractor quarterly to assess and communicate any additional needs or problems that may arise and potentially disrupt the ability to meet the needs of the children. Modifications. This Agreement may be modified in writing, in whole or in part, upon approval of the signers. Gtoa,, . o i11./L 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, State of Colorado, to expend funds not otherwise appropriated, as this MOU is subject to the availability of funding. Therefore, the Department may terminate this MOU at any time if the source of funding for the services made available to Contractor is no longer available to the Department, or for any other reason. Contractor reserves the right to suspend services to clients if funding is no longer available. 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. Contractor and the Department 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. Contractor agrees that it is an Independent Contractor, and that the Contractor's officers, agents or employees will not become employees of the Department, nor entitled to any employee benefits from the Department as a result of the execution of this MOU. Contractor shall perform its duties hereunder as an Independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this MOU. Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through the Department and the Department shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment insurance benefits will be available to Contractor and its employees and agents only if such coverage is made available by Contractor or a third party. Contractor 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. COUNTY: ATTES Weld By: Clerk to the oard Deputy Clay tot e Bo BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ike Freeman, Chair FEB 0 1 2323 Carol Freimark On behalf of Bags of Love 5407 Bobcat Street Frederick, Colorado 80504 au -d eima-4r By: Carol Freimark (Jan 12, 202311:32 MST) Carol Freimark Date: Jan 12, 2023 SIGNATURE REQUESTED: Weld/Bags of Love MOU (2) 2023 Final Audit Report 2023-01-12 Created: By: Status: Transaction ID: 2023-01-12 Windy Luna (wluna@co.weld.co.us) Signed CBJCHBCAABAAS_BzD_RbpOQAWf0_h3R91 J Bza6E 1 wM 1p "SIGNATURE REQUESTED: Weld/Bags of Love MOU (2) 2023" History t Document created by Windy Luna (wluna@co.weld.co.us) 2023-01-12 - 5:11:56 PM GMT Pte# Document emailed to clfreimark@msn.com for signature 2023-01-12 - 5:13:06 PM GMT t Email viewed by clfreimark@msn.com 2023-01-12 - 6:19:30 PM GMT 654 Signer clfreimark@msn.com entered name at signing as Carol Freimark 2023-01-12 - 6:32:36 PM GMT ttlj Document e -signed by Carol Freimark (clfreimark@msn.com) Signature Date: 2023-01-12 - 6:32:38 PM GMT - Time Source: server Agreement completed. 2023-01-12 - 6:32:38 PM GMT Powered by Adobe Acrobat Sign Contract Form Entity Information Entity Name FREIMARK, CAROL Entity ID* @00040475 Contract Name" FREIMARK, CAROL (BAGS OF LOVE - MEMORANDUM OF UNDERSTANDING) Contract Status CTB REVIEW ❑ New Entity? Contract ID 6618 Contract Lead WLUNA Contract Lead Entail wlunai0weldgov.com;cobbx xikOlweldgov.com Parent Contract ID Requires Board Approval' YES Department Project # Contract Description. NEW MOU. NON -FINANCIAL, (THIS WILL REPLACE TYLER ID? 2022-3412) CONTRACTOR TO SUPPLY CHILDREN PLACED IN DEPARTMENT CUSTODY WITH SUPPLIES REQUIRED TO MET THEIR IMMEDIATE NEEDS. ALSO KNOWN AS "BAGS OF LOVE". TERM: 02/0112023 TO 12/311'2023. Contract Description 2 PA ROUTING THROUGH NORMAL PROCESS. ETA TO CTB 01/19/2023. Contract Type* AGREEMENT Amount. 30.00 Renewable* YES Automatic Renew Grant Department HUMAN SERVICES Department Email CM- HumanServi,ces@weldgov.co m Department Head Email CM-HumanServices- DeptHeadSUveldgovacorn County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COU NTYATTO RN EY1+'ELDG OV. COM Requested BOCC Agenda Date• 02/01/2023 Due Date 01,/28,2023 Will a work session with BOCC be required?* ND Does Contract require Purchasing Dept_ to be included? If this is a renewal enter previous Contract ID If this is part of a MSA enter MISA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blankif those contracts are not in OnBase Co Effective Date Termination Notice Period Purchasing', Purchasing Approver Approval Process Department Head JAMIE ULRICH DH Approved Date 01/1712023 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda. Date 02/0112023 Originator WLUNA Review Date 10/31 /2023 Committed Delivery Date Finance Approver CHERYL PATTELLE Renewal Date r 12/31,`2023 Expiration Date Purchasing Approved Date Finance Approved Date 01118/2023 Tyler Ref AG 020123 Legal Counsel MATTHEW CONROY Legal Counsel Approved Date 01/26/2023 RESOLUTION RE: APPROVE MEMORANDUM OF UNDERSTANDING FOR BAGS OF LOVE PR• ECT AND AUTHORIZE CHAIR TO SIGN - CAROL FREIMARK, ON BEHALF OF B GS OF LOVE WHEREAS, the Board of County Commissioners of Weld County, Colora• •, pursuant to Colorado statute and the Weld County Home Rule Charter, ais vested with e authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Bags of Love Project between the County of Weld, State of County Commissioners of Weld County, on behalf of t Carol Freimark, on behalf of Bags of Love, commen December 31, 2023, with further terms and conditio understanding, and nderstanding for the and through the Board of Human Services, and ry 1, 2023, and ending ted in said memorandum of WHEREAS, after review, the Board dee it advisa• `e to approve said memorandum of understanding, a copy of which is attaclldhereto d inc • porated herein by reference. NOW, THEREFORE, BE IT R OLVE by,.: e Board of County Commissioners of Weld County, Colorado, that the Memor du of .'derstanding for the Bags of Love Project between the County of Weld State o or-sv'o, by and through the Board of County Commissioners of Weld Co nty, ehalf the Department of Human Services, and Carol Freimark, on behalf of gs Lo be, nd hereby is, approved. BE IT FURTHE ESOLVE7'by t!" Board that the Chair be, and hereby is, authorized to sign said memorand of pnde stand,G g. The by the follow ATTEST: WA,t1,44) Weld County Clerk to BY: e Board Vitt, erk to the Board lution was, on motion duly made and seconded, adopted of December, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Sc4'ft K. James, Chair Mike Freeman, Pro-Tem Perry L Buck AP' Count ttorney Date of signature: teve Moreno Lori Saine cc: H SD 12/30/22 2022-3412 HR0094 Ca-M„6-11ALcoticl-1 PRIVILEGED AND CONFIDENTIAL MEMORANDUM DATE: November 22, 2022 TO: Board of County Commissioners — Pass -Around FR: Jamie Ulrich, Director, Human Services RE: Memorandum of Understanding (MOU) with Carol Freimark on Behalf of "Bags of Love" Please review and indicate if you would like a work session prior to placing this item on the Board's agenda. Request Board Approval of the Department's Memorandum of Understanding (MOU) with Carol Freimark on Behalf of "Bags of Love". "Bags of Love" provides age -appropriate toy(s), personal care items, and a handmade blanket for child(ren) who have been removed from their home and placed into the Department's custody by law enforcement and/or the Courts. This MOU outlines the roles and responsibilities of both Bags of Love and the Department. The bags are free of charge to the Department. The term of the MOU is January 1, 2023 through December 31, 2023, with the option to renew annually. I do not recommend a Work Session. I recommend approval of this MOU and authorize the Chair to sign. Perry L. Buck Mike Freeman, Pro-Tem Scott K. James, Chair Steve Moreno Lori Saine Approve Schedule Recommendation Work Session Other/Comments: Pass -Around Memorandum; November 22, 2022 - CMS ID 6497 2022-3412 OVs0Ogg MEMORANDUM OF UNDERSTANDING BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND CAROL FREIMARK ON BEHALF OF BAGS OF LOVE THIS MEMORANDUM OF UNDERSTANDING is entered into this O�' day of , 2022, by and between the Board of County Commissioners, on behalf of the Weld County Department of Human Services, hereinafter referred to as "Department," and Carol Freimark, on behalf of Bags of Love, hereinafter referred to as "Contractor". The purpose of this Memorandum of Understanding (MOU) is to enter a partnership with the Contractor to supply children placed in Department custody, with supplies required to meet their immediate needs, also known as "Bags of Love", which have been donated generously from members of the community. Term of this Memorandum of Understanding This Memorandum of Understanding ("MOU" or "Agreement") shall be effective beginning January 1, 2023 through December 31, 2023. The MOU may be extended annually upon written agreement of both parties. Roles and Responsibilities of the Contractor 1. Furnish the Department with one (1) bag of supplies, at no cost, for each child who has been removed from their home by law enforcement or by the Court system, and who are in the custody of the Department. Each bag of supplies will be filled with age -appropriate toy(s), personal care items, and a blanket. 2. Communicate with the Department any need for assistance regarding transporting the supplies at least once per month to the Department's office location, otherwise the supplies will be picked up by the Department at the Contractor's location. 3. Maintain an available stock of supplies necessary to fulfill the Department's projected number of required Bags of Love. 4. Meet with the Department staff periodically to assess and communicate any additional needs or problems that may arise regarding the ability to meet the needs of the children. 5. Ensure the quality of the contents of each Bag of Love is consistent with the safety and protective needs of the children as approved by the Department. Roles and Responsibilities of the Department 1. Disburse each of the Bags of Love to children in foster and kinship care and ensure that a maximum of one (1) of the Bags of Love is distributed to each child. 2. Provide the Contractor with an annual estimate of inventory requirements for the supplies required to meet the needs of the children. 3. Provide the Contractor with quarterly reports of inventory to detail the stock of supplies located at the Department. The inventory details will specifically identify supplies categorized by age groups and gender types. 4. Meet with the Contractor periodically to assess and communicate any additional needs or problems that may arise and potentially disrupt the ability to meet the needs of the children. Modifications. This Agreement may be modified in writing, in whole or in part, upon approval of the signers. X soW 41..z, 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, State of Colorado, to expend funds not otherwise appropriated, as this MOU is subject to the availability of funding. Therefore, the Department may terminate this MOU at any time if the source of funding for the services made available to Contractor is no longer available to the Department, or for any other reason. Contractor reserves the right to suspend services to clients if funding is no longer available. 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. Contractor and the Department 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. Contractor agrees that it is an Independent Contractor and that the Contractor's officers, agents or employees will not become employees of the Department, nor entitled to any employee benefits from the Department as a result of the execution of this MOU. Contractor shall perform its duties hereunder as an Independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this MOU. Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through the Department and the Department shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment insurance benefits will be available to Contractor and its employees and agents only if such coverage is made available by Contractor or a third party. Contractor 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. COUNTY: ATTEST: W. ,A) W, .S (� D87(1 Weld • u ty Clerk to the : • and WELD COUNTY, COLORADO BOARD OF COUNTY COMMISSIONERS - By: Deputy Cl,! k to t e B tt K. James, Chair DEC 1 2 2022 NTRA T 1 R. Carol Freimark On behalf of Bags of Love 5407 Bobcat Street Frederick, Colorado 80504 Gatos entrat* By: Carol Freimark (Nov 15, 2022 16:17 MST) Carol Freimark Nov 15, 2022 Date: o2o,1a-3Azi SIGNATURE REQUESTED: Weld/Freimark Bags of Love MOU 2023 (f) Final Audit Report 2022-11-15 Created: By: Status: Transaction ID: 2022-11-15 Alison Pegg (apegg@co.weld.co.us) Signed CBJCHBCAABAAGDE8GVw3ZGJg268L9AKbhLNjG25YC8Ek "SIGNATURE REQUESTED: Weld/Freimark Bags of Love MOU 2023 (f)" History e Document created by Alison Pegg (apegg@co.weld.co.us) 2022-11-15 - 10:47:07 PM GMT- IP address: 204.133.39.9 '-. Document emailed to clfreimark@msn.com for signature 2022-11-15 - 10:47:28 PM GMT ,5 Email viewed by clfreimark@msn.com 2022-11-15 - 11:17:11 PM GMT- IP address: 76.130.77.137 FS© Signer clfreimark@msn.com entered name at signing as Carol Freimark 2022-11-15 - 11:17:51 PM GMT- IP address: 76.130.77.137 6© Document e -signed by Carol Freimark (clfreimark@msn.com) Signature Date: 2022-11-15 - 11:17:53 PM GMT - Time Source: server- IP address: 76.130.77.137 O Agreement completed. 2022-11-15- 11:17:53 PM GMT Powered by Adobe Acrobat Sign Hello