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Home My WebLink About20223412.tiffRESOLUTION RE: APPROVE MEMORANDUM OF UNDERSTANDING FOR BAGS OF LOVE PROJECT 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, the Board has been presented with 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, 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 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 memorandum of understanding. 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 WELCOUNTY, COLORADO ATTEST: ddtdfuov •aCldO•tk Weld County Clerk to the Board BY: I V A-4 Deputy Clerk to the Board AP" aVED A Count ttorney Date of signature: Sc t K. James, Chair Mike Freeman, Pro-Tem Perry L Buck Lori Saine cc: I -LSD 12/30/22 2022-3412 HR0094 Cor'huc+ iGlk X191 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 k*ooFU MEMORANDUM OF UNDERSTANDING BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND CAROL FREIMARK ON BEHALF OF BAGS OF LOVE oo�� fr THIS MEMORANDUM OF UNDERSTANDING is entered into this /O�1day 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. 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 0024-10-101 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: WdethA) :4, Weld . • u ty Clerk to the : • and WELD COUNTY, COLORADO BOARD OF COUNTY COMMISSIONERS By: Deputy Cl :1 k to t e B tt K. James, Chair DEC 1 2 2022 Carol Freimark On behalf of Bags of Love 5407 Bobcat Street Frederick, Colorado 80504 By: Cato/ theatk Caro! Freimark (Nov 15, 2022 16:17 MST) Carol Freimark Nov 15, 2022 Date: o2o�a-3�iz. 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 CBJCHBCAABAAGDE8GVw3ZGJg268L9AKbhLNiG25YC8Ek "SIGNATURE REQUESTED: Weld/Freimark Bags of Love MOU 2023 (f)" History t 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 t Email viewed by clfreimark@msn.com 2022-11-15 - 11:17:11 PM GMT- IP address: 76.130.77.137 04 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 dp 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 �i Agreement completed. 2022-11-15 - 11:17:53 PM GMT Powered by Adobe Acrobat Sign Contract Form New Contract Request En! ttion Entity Name. FREIMARK, CAROL Entity ID' O00040475 ❑ New Entity? Contract Name. Contract ID FREIMARK, CAROL (BAGS OF LOVE MEMORANDUM OF 6497 UNDERSTANDING) Contract Status CTB REVIEW Contract Lead' APEGG Contract Lead Email apegg@weldgov.com;cobbx xlk@weldgov.com Parent Contract ID Requires Board Approval YES Department Project # Contract Description' NEW MOU. NON -FINANCIAL CONTRACTOR TO SUPPLY CHILDREN PLACED IN DEPARTMENT CUSTODY, WITH SUPPLIES REQUIRED TO MEET THEIR IMMEDIATE NEEDS, ALSO KNOWN AS "BAGS OF LOVE" TERM: 1/1 r 23-12 ' 31;22 Contract Description 2 PA IS ROUTING THROUGH THE NORMAL PROCESS. ETA TO CTB: 1 1,23!22 Contract Type' AGREEMENT Amount' 50.00 Renewable' YES Automatic Renewal Grant Department HUMAN SERVICES Department Email CM- HurnanServices@weldgov.co Department Head Email CM-HurnanServices- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COU NTYATTORN EYOWELDG OV.COM Requested BOCC Agenda Date' 12/28;2022 Due Date 12/24/2022 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 MBA 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 Effective Date Review Date* 11%01;'2023 Renewal Date. 12/29/2023 Termination Notice Period Contact Information Contact Info Contact Name Purchasing Committed Delivery Date Expiration Date Contact Type Contact Email Contact Phone 1 Purchasing Approver Purchasing Approved Date Approval Process Department Head JAMIE ULRICH OH Approved Date 11,,=`16/2022 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 12/12,2022 Originator APEGG Finance Approver CHERYL PATTELLI Legal Counsel MATTHEW CONROY Contact Phone 2 Finance Approved Date Legal Counsel Approved Date 11(17'2022 11/21/2022 Tyler Ref AG 121222 Hello