HomeMy WebLinkAbout20233228.tiffRESOLUTION
RE: APPROVE PROMOTING SAFE AND STABLE FAMILIES (PSSF) PARTNERSHIP
PROJECT AGREEMENT AND AUTHORIZE CHAIR TO SIGN - KIDS AT HEART
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 Promoting Safe and Stable Families
(PSSF) Partnership Project Agreement 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 Kids at Heart, commencing October 1, 2023, and ending September 30,
2024, with further terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, 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 Promoting Safe and Stable Families (PSSF) Partnership Project
Agreement 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 Kids at
i-leart, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 30th day of October, A.D., 2023, nunc pro tunc October 1, 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: itkAl �X1494C
Weld County Clerk to the Board
BObji.rn .LJ w) ck
Deputy Clerk to the Board
ounty Attorney
Date of signature: ill DCI 123
Mik eeman, Chair
Per L. E rck, Pro-Tem
tt K. James
USED
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Il (30123
2023-3228
HR0095
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BOARD OF COUNTY COMMISSIONERS
PASS AROUND REVIEW
PASS -AROUND TITLE: Promoting Safe and Stable Families Program (PSSF) Partnership Project Agreement
between Weld County Department of Human Services (WCDHS) and Kids at Heart
DEPARTMENT: Human Services DATE: October 17, 2023
PERSON REQUESTING: Jamie Ulrich, Director, Human Services
Brief description of the problem/issue:
The Colorado Department of Human Services (CDHS) has awarded funding to WCDHS and Kids at Heart
through the Promoting Safe and Stable Families Program (PSSF) to offer support to foster, adoptive and
kinship families as well as biological children of these families through three (3) respite programs: Fundango,
Summer Day Camps and Teen Connect.
What options exist for the Board?
• Approval of the PSSF Partnership Project Agreement.
• Deny approval of the PSSF Partnership Project Agreement.
Consequences: Weld County will not receive the awarded amount of $30,794.00 for the PSSF
Partnership Project Agreement.
Impacts: Weld County clients will not have access to the funding for the PSSF Partnership Project
Agreement and the three (3) respite programs: Fundango, Summer Day Camps and Teen Connect.
Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years):
Total funding = $43,991.00. WCDHS has been awarded $30,794.00 which shall be used to reimburse
Kids at Heart for actual costs per month. Kids at Heart will contribute a 30% match in the amount of
$13,197.00 for a project total of $43,991.00. Kids at Heart will issue an invoice to WCDHS for the costs
incurred the previous month. On that invoice it will be noted the amount of matched funds Kids at Heart
contributed for that month.
Funded through CDHS.
Term: October 1, 2023 through September 30, 2024.
Recommendation:
Approval of the Agreement 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
e�
Pass -Around Memorandum; October 17, 2023 - CMS ID 7528
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2023-3228
µY1-OUgS
PSSF Partnership Project Agreement
THIS AGREEMENT, made and entered into this,yeay ofocAtbetku by and between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld
County Department of Human Services, hereinafter referred to as "WCDHS", and Kids at Heart, hereinafter referred to
as "KAH."
WITNESSETH:
WHEREAS, WCDHS and KAH have identified a need for support of foster, adoptive and kinship families as
well as biological children of these families; and
WHEREAS, WCDHS and KAH are willing and able to commit personnel resources to the provision of
services according to the terms and conditions set forth herein.
WHEREAS, the Colorado Department of Human Services has awarded funding to WCDHS and KAH
through the Promoting Safe and Stable Families Program (PSSF), which is guided and funded by the Federal Adoption
and Safe Families Act, Title IV -B, Sub -Part 2, and WCDHS has funding available through Temporary Assistance for
Needy Families (TANF).
NOW THEREFORE, in consideration of the mutual promises and conditions contained herein, and for other
consideration of the sufficiency and receipt of which is hereby acknowledged, the parties hereto covenant and agree as
follows:
Project Description
1. The services described herein will in part be known as the WCDHS PSSF Partnership Project, hereinafter
referred to as the "Project". The Project is a collaborative effort of WCDHS and KAH to offer support to
foster, adoptive and kinship families as well as biological children of these families.
2. Kids at Heart will offer the following three (3) respite programs to foster, adoptive and kinship families:
Fundango, Summer Day Camps and Teen Connect. The respite programs will be implemented in accordance
with Exhibit A.
Personnel
1. Standards. KAH shall provide all services pursuant to this Agreement in accordance with applicable state and
federal law, and any performance standards jointly established by WCDHS and KAH. KAH shall provide
information to the employees regarding what is necessary to facilitate performance of its obligations to WCDHS
under this Agreement. If an employee is required to be licensed or to act under the supervision of a licensed
person or entity during job duties performed by an employee for KAH, KAH shall be solely responsible for
verifying such licensure or providing such required supervision.
2. Employee Costs. KAH shall be responsible for direct payment to the employees of all personnel costs associated
with the employees, including, but not limited to, salary, benefits, employment taxes, and insurance.
3. Compliance with Laws and Record Maintenance. KAH shall be responsible for compliance with all laws
concerning employee benefits and compliance with Immigration Reform and Control Act of 1986. In addition,
KAH shall be responsible for completion, reporting and maintenance of payroll and benefit records, and KAH
will be the W-2 Employer for purposes of record keeping.
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2023-322 $
4. Compliance with the Fair Labor Standards Act ("FLSA"). Each party agrees to maintain records of actual hours
worked by an employee during each pay period. Each party agrees to comply with the FLSA.
5. Contract Amount. WCDHS shall reimburse KAH for actual costs per month, not to exceed $30,794.00 for the term
of this Agreement. KAH shall contribute a 30% match in the amount of $13,197.00 resulting in a total project
amount of $43,991.00 for the term of this Agreement. Allowable expenses are noted in Exhibit B, Approved
Budget, and include personnel costs, supply and administrative costs.
6. Billing. KAH shall issue an invoice on or before the 10th day of the month to WCDHS for actual costs incurred in
the previous month. Each invoice should also note the amount of matched funding KAH contributed during the
previous month. WCDHS agrees to submit the approved invoice for payment within ten (10) business days of the
date the correct invoice is received.
7. Excluded Parties List. For all contracts more than $25,000, WCDHS or its associated entity shall obtain from KAH
a certification that neither KAH nor any of its principal employees are listed on the General Services
Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs. KAH
shall supply this certification within 10 days of execution by both parties of this agreement. Failure to supply this
certification will be considered a default.
8. Worker's Compensation Insurance. KAH will furnish and keep in force and effect during the term of this
Agreement workers compensation insurance as maybe required by law and as may concern the employees funded
under this agreement. Upon written request, each party shall furnish a Certificate of Insurance verifying coverage
for workers' compensation.
9. Insurance. KAH shall procure at least the minimum amount of automobile liability insurance required by the State
of Colorado for the use of any personal vehicle. Proof of said automobile liability insurance shall be provided to
WCDHS prior to the performance of any services under this Agreement. Professional Liability
(Errors and Omissions Liability) is also required. The policy shall cover professional misconduct or lack of
ordinary skill for those positions defined in the Scope of services of this contract. KAH shall maintain limits for
all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage
sustained by reason of or in the course of operations under this Agreement resulting from professional services. In
the event that the professional liability insurance required by this Agreement is written on a claims -made basis,
KAH warrants that retroactive date under the policy shall precede the effective date of this Agreement; and that
either continuous coverage will be maintained, or an extended discovery period will be exercised for a period of
two (2) years beginning at the time work under this Agreement is completed.
Minimum Limits:
Per Loss
Aggregate
$1,000,000
$1,750,000
10. Contact Persons. The Contact Person for KAH and the Contact Person for WCDHS are each set forth on Exhibit
B attached hereto and incorporated herein. The designated Contact Person for each party may be changed from
time to time so long as notice of such change is provided to the other party, following the procedure for Notices as
set forth in this Agreement. Unless a formal notice is required as set forth in paragraph 21, any requirement of
communication between the KAH and WCDHS shall be satisfied if such communication is provided to the other
party's Contact Person.
11. Periodic Meetings. During the term of this Agreement, arrangements shall be made for periodic meetings
between the Contact Persons of WCDHS and KAH to promote understanding of and adjustments to any
operation or activity involved herein.
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12. KAH Board Members. KAH shall maintain, at its own expense, insurance for KAH Board Members.
13. Compliance with HIPAA. Each party hereby expressly agrees to comply with any rules, regulations and
policies implementing HIPAA requirements whether now or hereafter existing. KAH and WCDHS agree to
execute Business Associates Agreements as may be determined to be necessary.
14. Compliance with ADA. Each party hereby expressly agrees to comply with any rules, regulations and
policies implementing the Americans with Disabilities Act requirements whether now or hereafter
existing.
15. Term. The term of this Agreement shall be from October 1, 2023, through September 30, 2024.
16. Termination. WCDHS or KAH may terminate this Agreement upon giving the other party thirty (30) days prior
written notice. In the event of termination, KAH shall promptly provide to WCDHS all information necessary for
payment of any outstanding compensation. Neither party shall have any further obligations after the effective date
of termination, except for such obligations that (i) accrued prior to the effective date of termination, or (ii) are
expressly stated herein to extend beyond the effective date of termination. Additionally, if the State of Colorado
immediately terminates its agreements with WCDHS regarding the funding of this Agreement for the public
interest or any other reason, WCDHS may immediately terminate this Agreement without the thirty (30) days'
notice.
17. Default. Except in situations when termination is the appropriate action pursuant to paragraph 16, each party shall
promptly notify the other party of actions that have caused, in the notifying party's opinion, a default or breach of
any term or provision of this Agreement. If such default or breach is not cured within thirty (30) days after the
delivery of such notice, the notifying party may, at its election, declare this Agreement terminated, or proceed to
seek any remedies to which it may be entitled under the law, or both. Any waiver by either party of any term or
provision of this Agreement at any one time shall not constitute a waiver of any other or all provisions. Any waiver
of any part or provision of this Agreement at any one time shall not constitute a waiver for all times.
18. Parties' Relationship. The parties to this Agreement intend that the relationship between them contemplated by this
Agreement is that of independent entities working in cooperation. KAH employees or agents are not to be
considered WCDHS employees for any purpose and said persons may not hold themselves out as employees or
agents of WCDHS or otherwise make any representation or commitment on behalf of WCDHS. WCDHS
employees or agents are not to be considered employees of KAH for any purpose and said employees may not
hold themselves out as employees or agents of KAH or otherwise make any presentations or commitments on
behalf of KAH. Under this Agreement, except for the payments as stated herein, neither party shall be in any way
required to provide any pecuniary benefits, salaries, wages or fringe benefits to employees of the other party.
19. Indemnification. KAH shall indemnify and hold WCDHS harmless from all claims, actions, penalties,
liabilities, damages, or expenses, including reasonable attorney's fees and other costs of defense or settlement,
legal or equitable, made against or suffered by WCDHS arising out of or related to the action or omission of
any KAH employee while performing services for or under the auspices of KAH, or arising out of or assumed
by KAH under this Agreement or KAH's failure or alleged failure to perform such duties.
The indemnities and assumptions of liabilities and obligations herein provided for shall continue in full force and
effect notwithstanding the expiration or termination of this Agreement. Notwithstanding any provision in this
Agreement to the contrary, however, neither party waives any immunities to which they are entitled pursuant to
law.
20. Confidentiality. Subject only to statutory exceptions applicable to criminal investigations and proceedings,
WCDHS or KAH shall, during and after the term of this Agreement, keep confidential all information relating
to this Agreement and shall utilize their best efforts to prevent and protect such information from unauthorized
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disclosure by their employees and agents. WCDHS and KAH shall further not use or allow their agents or
employees to use any information to the competitive disadvantage of or in any way which is detrimental to
either party.
21. Notices. All notices and other communications required or permitted under this Agreement shall be given in
writing and shall be delivered in person or sent by registered or certified mail, postage prepaid, return receipt
requested, as follows:
a. If to KAH:
b. If to WCDHS:
Ethan Dexter, Executive Director
Kids at Heart
6501 Brittany Street
Fort Collins, Colorado 80525
Jamie Ulrich, Director
Weld County Department of Human Services
P.O. Box A
Greeley, CO 80632
22. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties with
respect to its subject matter and supersedes all prior agreements or understandings, whether written or unwritten,
with respect to the same subject matter.
23. Amendment. This Agreement may not be amended or modified except by a written instrument executed by all
parties to this Agreement.
24. Heading and Counterparts. The headings contained in this Agreement are inserted solely for the ease of reference
and shall not in any way affect the meaning or interpretation of this Agreement. This document may be executed in
two or more counterparts, each of which may be deemed an original. This Agreement will take effect when a
single original or counterpart copies are executed by each party.
25. Applicable Law. This Agreement shall be controlled, construed, and enforced in accordance with the laws of the
State of Colorado and the rules and regulations issued pursuant thereto. Any provision of this Agreement, whether
incorporated herein or not by reference, which provides for arbitration by any extra- judicial body or person or
which is otherwise in conflict with said laws, rules and regulations shall be considered null and void. Nothing
contained in any provision incorporated herein by reference which purports to negate this or any other special
provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of
complaint, defense or otherwise. It is further agreed by both parties that any causes of action arising out of this
Agreement shall be vetted in the courts of Weld County, Colorado, to the extent that those courts are reposed with
subject matter jurisdiction. Both parties agree to submit themselves to the personal jurisdiction of those courts.
26. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a
court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the
extent that this Agreement is then capable of execution within the original intent of the parties.
27. Further Assurances. The parties shall, upon request, execute, deliver and/or furnish all such documents and
instruments, and do or cause to be done all such acts and things as may be reasonable to effectuate the purpose and
intent of this Agreement.
28. Assignment. This Agreement may not be assigned without first obtaining the consent of the non -assigning party.
29. Compliance with Public Office Laws. The signatories hereto agree that they are familiar with Section 18-8- 301
C.R.S., et.seq., (Bribery and Corrupt Influence) and Section 18-8-401 C.R.S., et.seq. (Abuse of Public Office), as
4
amended, and that no violation of such provisions is present. The signatories hereto state that to the best of their
knowledge, no State employee has any personal or beneficial interest whatsoever in the service or property
described herein.
30. Fund Availability. Financial obligations of WCDHS payable after the current fiscal year are contingent upon
funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement
by WCDHS.
31. Required Approval. This Agreement shall not be deemed valid until it has been approved by any and all necessary
and required entities.
32. Budget Constraints. Nothing in this Agreement shall be construed to require the Board of County Commissioners
for Weld County to provide funding not already budgeted for the applicable fiscal year.
33. 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.
34. No Third -Party Beneficiary Enforcement. It is expressly understood and agreed that the enforcement of the terms
and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to
the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever
by any other person not included in this Agreement. It is the express intention of the undersigned parties that any
entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental
beneficiary only.
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ATTEST: {J) ''�'°' ')
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day first written above.
COUNTY;
BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board � !�� WELD COUNTY, COLORADO
By
eputy Clerk to the Board ike Freeman, Chair
6
ONTRACTOR:
0CT 3 0 2323
Kids at Heart
6501 Brittany Street
Fort Collins, Colorado 80525
By:
Date:
athah Dexter
Ethan Dexter., 12, 2023/023 MDT;,
Ethan Dexter, Executive Director
Oct 12, 2023
2023-322F'
IS
COLORADO ExhibitA
Department of Early Childhood
INTRODUCTION/BACKGROUND
The purpose of the Promoting Safe and Stable Families (PSSF) program is to enable States to develop and establish, or expand, and to operate coordinated
programs of community -based family support services, family preservation services, time -limited family reunification services, and adoption promotion and
support services to accomplish the following objectives:
• To prevent child victimization among families at risk through the provision of supportive family services.
To assure children's safety within the home and preserve intact families in which children have been maltreated when the family's problems can be
addressed effectively.
To address the problems of families whose children have been placed in foster care so that reunification may occur in a safe and stable manner in
accordance with the Adoption and Safe Families Act of 1997.
To support adoptive families by providing support services as necessary so that they can make a lifetime commitment to their children.
The Child and Family Services Improvement and Innovation Act P.L. 112-34 amended the Part B Title IV to include mentoring programs.
Federal guidance [CFDA 93.556] sets a minimum of 20 percent of program PSSF funds be spent on Family Support, 20 percent on Family Preservation, 20
percent on Time -Limited Family Reunification, and 20 percent on Adoption Promotion & Support unless a waiver is granted by the Federal Administration for
Children and Families (ACF).
SCOPE OF WORK (RESPITE)
Kids at Heart is a non-profit agency that supports foster, adoptive and kinship families as well as biological children of these families. Kids at Heart mobilizes
volunteers who provide direct support for foster and adoptive families who work hard to provide the love, safety and stability children need and deserve. The
agency welcomes all people, regardless of race, gender, age, economic status, physical or mental ability, sexual orientation, familial status or faith history.
Kids at Heart began in 2001 when the congregation of Heart of the Rockies Christian Church shared in the experiences of a family going through the foster -to -
adopt process. The church discovered the unmet needs of the adoption and foster community. Often these families have little social support while they work to
heal the trauma children have experienced. This is due to both the restrictions of the foster care system and the difficulty in finding qualified care providers for
their children who often have troubled backgrounds. Kids at Heart is not a faith -based organization and there is no discussion of faith in the programs, among staff
or any mention when providing new or returning families with services.
Kids at Heart offers the following three (3) respite programs to foster, adoptive and kinship families: Fundango, Summer Day Camps and Teen Connect. They are
expanding current programming into Weld County to serve more foster, kinship and adoptive families.
• Fundango is a respite program for all children of foster, adoptive, and kinship parents in Northern Colorado. Fundango events are currently held in Fort
Collins and in Loveland. Respite care enables adoptive, foster and kinship parents to take a safe, rejuvenating break to energize and regroup from the
often -challenging task of parenting kids who have experienced abuse, trauma and neglect. Fundango provides eight (8) hours of center -based respite each
month for approximately 30 children, it gives families a temporary relief from everyday tasks to help reduce stress, to support family stability, prevent
Page 20 of 24
EXHIBIT C
CONTACT PERSONS
For this Agreement, the individuals identified below are hereby designated representatives
(Contact Persons in accordance with paragraph 14) of the respective parties. Either Contact
Person may from time to time designate in writing a new or substitute representative(s):
For Weld County: Julie Witkowski
Family Resource Division Head
315 A. N. 11th Avenue, Building A
Greeley, Colorado 80631
(970) 400-6777
witkowjx@weldgov.com
For Kids at Heart: Ethan Dexter, Executive Director
6501 Brittany Street
Fort Collins, Colorado 80502
Office: (970) 529-8222
Cell: (480) 381-8446
ethan@kidsatheartco.org
SIGNATURE REQUESTED: Weld/PSSF KAH
Agreement Oct 2023 -Sept 2024
Final Audit Report
2023-10-12
Created: 2023-10-11
By: Sara Adams (sadams@co.weld.co.us)
Status: Signed
Transaction ID: CBJCHBCAABAAVSkQK6eN1J2gOHM/HUPt8zS2cHHXGgD
"SIGNATURE REQUESTED: Weld/PSSF KAH Agreement Oct 2
023 -Sept 2024" History
5 Document created by Sara Adams (sadams@co.weld.co.us)
2023-10-11 - 3:54:24 PM GMT
a Document emailed to Ethan Dexter (ethan@kidsatheartco.org) for signature
2023-10-11 - 3:55:48 PM GMT
Email viewed by Ethan Dexter (ethan@kidsatheartco.org)
2023-10-12 - 4:26:23 PM GMT
AY® Document e -signed by Ethan Dexter (ethan@kidsatheartco.org)
Signature Date: 2023-10-12 - 4:29:42 PM GMT - Time Source: server
Agreement completed.
2023-10-12 - 4:29:42 PM GMT
Powered by
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Acrobat Sign
Contract Form
Entity Information
Entity Name *
KIDS AT HEART
Entity ID*
@00044718
Contract Name *
KIDS AT HEART (PSSF PARTNERSHIP AGREEMENT)
Contract Status
CTB REVIEW
O New Entity?
Contract ID
7528
Contract Lead *
SADAMS
Contract Lead Email
sadams@weld.gov;cobbx
xlk@weld.gov
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description *
NEW AGREEMENT. TERM: 10/1/23-9/30/24. WCDHS WILL REIMBURSE KAH UP TO $30,794.00.
Contract Description 2
PA IS ROUTING THROUGH THE NORMAL PROCESS. ETA TO CTB: 10/17/23.
Contract Type *
AGREEMENT
Amount*
$30,794.00
Renewable *
NO
Automatic Renewal
Grant
IGA
Department
HUMAN SERVICES
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
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Requested BOCC Agenda
Date
10/25/2023
Due Date
10/21/2023
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 *
07/30/2024
Committed Delivery Date
Renewal Date
Expiration Date*
09/30/2024
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
10/19/2023
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
10/30/2023
Finance Approver
CHERYL PATTELLI
Legal Counsel
BYRON HOWELL
Finance Approved Date Legal Counsel Approved Date
10/20/2023 10/20/2023
Tyler Ref #
AG 103023
Originator
SADAMS
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