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HomeMy WebLinkAbout20223288.tiffRESOLUTION RE: APPROVE MEMORANDUM OF UNDERSTANDING FOR SPECIAL YOUTH OPPORTUNITIES AND EMERGENCY FUNDING AND AUTHORIZE CHAIR TO SIGN - REALITIES FOR CHILDREN CHARITIES 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 Special Youth Opportunities and Emergency Funding 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 Realities for Children Charities, commencing January 1, 2023, and ending December 31, 2023, 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 Special Youth Opportunities and Emergency Funding 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 Realities for Children Charities, 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 above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of November, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WE COUNTY, COUNTY, COLORADO ATTEST: dattio Weld County Clerk to the Board BY: Deputy Clerk to the Boar APPROVED AS TO FOR y Attorney Date of signature: 12X/.22 c�tt K. James, Chair Lori Saine cc: HSD 12/1 /22 2022-3288 HR0094 Corr va c -k- PRIVILEGED AND CONFIDENTIAL MEMORANDUM DATE: November 15, 2022 TO: Board of County Commissioners — Pass -Around FR: Jamie Ulrich, Director, Human Services RE: Memorandum of Understanding (MOU) with Realities for Children Charities (RFCC) 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 Realities for Children Charities (RFCC). This Memorandum of Understanding (MOU) allows the Department to access emergency funds that have been donated to Realities for Children Charities (RFCC) and are specifically designated for Weld County. The MOU further allows for Special Youth Opportunities which are local activities implemented periodically throughout the year and sponsored by RFCC for Weld County children and youth. We have no financial obligations under this agreement. The Department will share in the distribution and promotion of informational materials regarding fundraising activities by RFCC. The term of this MOU will be January 1, 2023 through December 31, 2023. I do not recommend a Work Session. I recommend approval of this MOU and authorize the Chair to sign. Approve Recommendation Perry L. Buck Mike Freeman, Pro-Tem Scott K. James, Chair Steve Moreno Lori Saine Schedule Work Session Other/Comments: Pass -Around Memorandum; November 15, 2022 - CMS ID 6487 2022-3288 II/Z3 H -le -009q MEMORANDUM OF UNDERSTANDING BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND REALITIES FOR CHILDREN CHARITIES THIS MEMORANDUM OF UNDERSTANDING is entered into thiq9�day of ,&41142022, by and between the Board of County Commissioners, on behalf of the Weld County Department of Human Services, hereinafter referred to as "Department," and Realities for Children Charities, a 501(c)(3) charitable organization, hereinafter referred to as "Contractor". Purpose The purpose of this Memorandum of Understanding (MOU) is to enter a partnership with the Contractor to provide Special Youth Opportunities and emergency funding to serve the unmet needs of abused and neglected children in Weld County. The Department, on behalf of the children, appreciates the care and generosity of the Contractor and its donors. Term of this Memorandum of Understanding This Memorandum of Understanding ("MOU" or "Agreement") shall be effective beginning January 1, 2023 through December 31, 2023. Roles and Responsibilities of the Contractor 1. Provide Special Youth Opportunities programs for at -risk youth that would generally not be made available otherwise. The Special Youth Opportunities and activities are designed to help normalize individuals' childhoods and, in some cases, provide cathartic healing opportunities. 2. Provide emergency funding to the Department upon request on a case -by -case basis with the intention of supplying a safety net to children who would otherwise go without these services. This funding will be obtained through annual fundraising events. 3. Notify the Department, upon request, of available funding for use by its children. 4. Provide a funds request form to the Department when requesting funding. The request form is available through the Agency Portal on the Contractor's website. 5. Screen all fund requests prior to disbursement to determine if the request meets the funding requirements outlined herein. 6. Notify the Department of any approved funding requests and immediately submit them to the Department for payment. 7. Notify the Department of any request that does not meet the funding requirements outlined herein, within eight (8) hours of receipt of the request. 8. Mail or make available for pick up by a designated agent of the Department, all distributed funds directly from the Contractor and submit for reimbursement monthly and/or allow the Department to directly pay for approved emergency obligations. 9. Track all fund requests and maintain a running balance of available funds. 10. Respond promptly to requests from the Department for additional information as it pertain to funding requests and/or this MOU. 11. Meet with Department staff regularly to discuss needs, problems, and other items to ensure a positive outcome. Roles and Responsibilities of the Department 1. Demonstrate to the Contractor that the Department is a tax-exempt organization. 2. Ensure that any child receiving services as part of this MOU is considered abused, neglected, or at risk of being abused and/or neglected. 3. Ensure that any child receiving services as part of this MOU resides in or is currently receiving assistance in Weld County. 4. Ensure that all other funding resources, such as Medicaid or Victims Compensation, have been exhausted and no other funding is available. 5. Demonstrate the Contractor's principles toward collaborative and cooperative efforts in serving the abused and at -risk children locally. 6. Announce Contractor fundraising events and invite potential supporters. 7. Display evidence of the partnership with the Contractor by use of agency stickers, plaque, website, or other similar items. 8. Provide the Contractor with at least one (1) letter stating the importance of ongoing support after the end of the MOU term. 9. Designate an agent of Weld County to receive, review, approve, and submit funding requests directly to the Contractor. 10. Receive and disburse funds as intended per the approved funding requests. 11. Submit monthly invoices to the Contractor for reimbursement of approved emergency expenditures if funds are not disbursed at the time of request. 12. Respond promptly to requests from the Contractor for additional information as it pertains to funding requests and/or this MOU. 13. Meet with the Contractor regularly to discuss needs, problems, and other items to ensure a positive outcome for all parties involved. 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, 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 sea , 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: dirAt/t) Jejdo;ok, Weld C . n Clerk to the B and WELD COUNTY, COLORADO BOARD OF COUNTY COMMISSIONERS By: Deputy Cle to th Bo K. James, Chair '!OY 2 3 2022 ONTRACTOR: Realities for Children and Charities 308 East County Road 30 Fort Collins, Colorado 80525 (970) 484-9090 Ceaiq �Sechei- By: Craig Se er (Nov 10, 202216:40 MST) Craig Secher, President Date: Nov 10, 2022 SIGNATURE REQUESTED: Weld/RFCC MOU 2023 (f) Final Audit Report 2022-11-10 Created: By: Status: Transaction ID: 2022-11-10 Alison Pegg (apegg@co.wetd.co.us) Signed CBJCHBCAABAAdyMIgNJOiDo8nVelMykyUPMwsaaBOUn "SIGNATURE REQUESTED: Weld/RFCC MOU 2023 (f)" History ,t Document created by Alison Pegg (apegg@co.weld.co.us) 2022-11-10 - 9:23:57 PM GMT- IP address: 204.133.39.9 . Document emailed to Craig Secher (craig@reatitiesforchildren.com) for signature 2022-11-10 - 9:24:19 PM GMT t Email viewed by Craig Secher (craig@reatitiesforchildren.com) 2022-11-10 - 11:39:32 PM GMT- IP address: 75.148.114.153 6a Document e -signed by Craig Secher (craig@realitiesforchildren.com) Signature Date: 2022-11-10 - 11:40:19 PM GMT - Time Source: server- IP address: 75.148.114.153 Agreement completed. 2022-11-10 - 11:40:19 PM GMT Powered by Adobe Acrobat Sign Contract Form Entity Information New Contract Request Entity Name* Entity ID* REALITIES FOR CHILDREN CHARITIES O0032088 INC New Entity? Contract Name* Contract ID REALITIES FOR CHILDREN CHARITIES INC (MEMORANDUM OF 6487 UNDERSTANDING) Contract Status CTB REVIEW Contract Lead* APEGG Contract Lead Email apeggAweldgov.com;cobbx xikU,weldgov.com Parent Contract ID Requires Board Approval YES Department Project Contract Description NEW MOU. WE ENTER INTO THIS IOU ON AN ANNUAL BASIS. CONTRACTOR PROVIDES SPECIAL YOUTH OPPORTUNITIES AND EMERGENCY FUNDING TO SERVE THE UNMET NEEDS OF ABUSED AND NEGLECTED CHILDREN IN WELD COUNTY. TERM: 1 t`1 +23-12/ '313 23. NON -FINANCIAL MOU. Contract Description 2 PA IS ROUTING THROUGH THE NORMAL PROCESS. ETA TO CTR. 11 ;` 17/22 Contract Type* AGREEMENT Amount* 50.00 Renewable * NO Automatic Renewal Grant Department HUMAN SERVICES Department Email CM - H u manService si0weldgov.co Department Head Email CM-HomanServices- DeptHeadSeweldyov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COU NTYATTO RN EY:0 WELDG OV.COM Requested ICC Agenda Date* 12 28 2022 Due Date 12124;2022 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 On Ease Contract Dates Effective Date Termination Notice Period Contact Information Contact Info Contact Name Purchasing Approval Process Department Head JAMIE ULRICH DH Approved Date 11;1/'2O22 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 11123.'2022 Originator APEGG Review Date* 11 '01 ,2023 Committed Delivery Date Renewal Date Expiration Date* 12,2912023 Contact Type Contact Email Contact Phone 1 Contact Phone 2 Finance Approver CHERYL PATTELLI Purchasing Date Legal Counsel MATTHEW CONROY Finance Approved Date Legal Counsel Approved Date 11/17,2022 11:''21 ..?2022 Tyler Ref AG 112322 Hello