HomeMy WebLinkAbout20223417.tiffRESOLUTION
RE: APPROVE MEMORANDUM OF AGREEMENT BETWEEN WELD COUNTY,
COLORADO, AND ENVISION AS A 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, 2023, through December 31,
2023, 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 of the Board of County
Commissioners of Weld County, Colorado, be, and hereby is, authorized to sign said agreement.
GC : FI(RR/cP/zo , AGT(cD/1CD�, GTB(EG)
12/30/22
2022-3417
F10077
RESOLUTION - ENVISION
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 12th day of December, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ditjuA) G •,aeL
Weld County Clerk to the Board
vG`ounty A orney
Date of signature: 12/27/2
Scot K. James, Chair
Mike Freeman, Pro-Tem
Perry L. Buck
2022-3417
FI0077
MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into on this, the 12th day of December, 2022, 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, 2023, through December 31, 2023.
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 case management services and coordinate provision
of other services needed for persons who are developmentally disabled as provided
in Sections 27-10.5-102 and 27-10.5-104, et seq., C.R.S., and Section 27-65-127,
C.R.S., including such assistance to the Weld County Attorney for presentation of
evidence in court proceedings as allowed by law and appropriate affirmative steps
to offer case management services and to coordinate provision of the services
needed 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."
2022-3417
MEMORANDUM OF AGREEMENT - ENVISION
PAGE 2
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 actor 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.
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.
MEMORANDUM OF AGREEMENT - ENVISION
PAGE 3
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 Contractor 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
tesninate 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-
10x3(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-
1013(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., G.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.
IN WITNESS WHEREOF, the parties above named have executed this agreement on the
12th day of December, A.D., 2022.
ATTEST: .
044)
Weld you ty Clerk to the Bod WEL►J OUNTY, COLORADO
BOARD OF COUNTY COMMISSIONERS
BY:
Deputy Cle 1' to t e Bo
APPROVED AS TO FUNDI
Chief Financial Officer
APPVED AS TO FORM:
County Attorney
K. James, Chair DEC 1 2 2022
V E WBS ANCE:
lected Official or Department Head
ENVISION
_� p
BY: l
aoza-5'07
Hello