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Home My WebLink About20213110.tiffRESOLUTION RE: APPROVE MEMORANDUM OF UNDERSTANDING FOR USE OF WELD COUNTY'S FACILITY FOR WOMAN, INFANT, AND CHILDREN (WIC) PROGRAM AND AUTHORIZE CHAIR PRO-TEM TO SIGN - SUNRISE COMMUNITY HEALTH 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 Use of Weld County's Facility for the Woman, Infant, and Children (WIC) Program 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 Public Health and Environment, and Sunrise Community Health, commencing upon full execution of signatures, 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 Use of Weld County's Facility for the Woman, Infant, and Children (WIC) Program 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 Public Health and Environment, and Sunrise Community Health, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair Pro-Tem 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 8th day of November, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dim.„) Gam. JCito:„k, EXCUSED Steve oreno, Chair Weld County Clerk to the Board BY: mes, Pr Deputy Clerk to the Board Lori Sai erry L. B k APP,RO' ED A my A" orney Date of signature: 1 I /IS /.9-1 CC: I2./oz/..I 2021-3110 HL0053 Cur4oLd 11)0535i Memorandum TO: FROM: DATE: SUBJECT: Steve Moreno, Chair Board of County Commissioners Mark Lawley, Executive Director Department of Public Health & Environment October 21, 2021 Memorandum of Understanding for Use of Weld County's Facility for Sunrise Community Health's Women, Infant and Children (WIC) Program For the Board's approval is a Memorandum of Understanding for Use of Weld County's Facility between Sunrise Community Health (Sunrise) and the Board of County Commissioners of Weld County on behalf of the Weld County Department of Public Health and Environment (WCDPHE). With the Board's approval, through this MOU Weld County will provide support to Sunrise for Women, Infant and Children (WIC) program services to eligible clients in the south part of Weld County. Such support will consist of Weld County providing office space in Weld's southwest annex for the use of Sunrise staff administering the WIC Program. The initial term for this agreement is for one year upon the date of full execution, with automatic renewals from year to year thereafter unless the agreement is terminated sooner pursuant to the provisions contained in the agreement. As the host to the Sunrise WIC program, there will be no compensation provided to Weld County or the Weld County Department of Public Health and Environment as part of this MOU. This Memorandum of Understanding has been reviewed by the Weld County Attorneys' office and it meets with their approval. The Board approved placement of this Memorandum of Understanding on the Board's agenda via pass -around dated October, 19, 2021. I recommend approval of this Memorandum of Understanding for Use of Weld County's Facility for Sunrise Community Health's Women and Infant and Children (WIC) Program. 2021-3110 Karla Ford From: Sent: To: Subject: yes Lori Saine Weld County Commissioner, District 3 11S0 O Street PO Box 758 Greeley CO 80632 Phone: 970-400-4205 Fax: 970-336-7233 Email: ksaine@weidgovecom Website: www.co.weld.co.us In God We Trust Lori Saine Wednesday, October 20, 2021 1:55 PM Karla Ford RE: PLEASE REPLY -- PASS -AROUND: MOU Use of Weld County's Facility for Sunrise Community Health's WIC Program. Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Karla Ford ekford@weldgov.com> Sent: Wednesday, October 20, 2021 7:30 AM To: Lori Saine <Isaine@weldgov.com> Subject: PLEASE REPLY - PASS -AROUND: MOU Use of Weld County's Facility for Sunrise Community Health's WIC Program. Please advise if you approve recommendation. Karla Ford X Office Manager, Board of Weld County Commissioners 1150 O Street, P.O. Box 758, Greeley, Colorado 80632 :: 970.336-7204 :: kforciRweidgov.cpm :: wwweweldclov.cotn **please note my working hours are Monday -Thursday 7:OOa.m.-5:OOp.m.** 1 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW TITLE: Memorandum of Understanding for Use of Weld County's Facility for Sunrise Community Health's Women, Infant and Children (WIC) Program DEPARTMENT: PUBLIC HEALTH & ENVIRONMENT DATE: October 19, 2021 PERSON REQUESTING: Mark Lawley, Executive Director Brief description of the problem/issue: For the Board's review and approval is a Memorandum of Understanding for Use of Weld County's Facility between Sunrise Community Health (Sunrise) and the Board of County Commissioners of Weld County on behalf of the Weld County Department of Public Health and Environment (WCDPHE). With the Board's approval, through this MOU Weld County will provide support to Sunrise for Women, Infant and Children (WIC) program services to eligible clients in the south part of Weld County. Such support will consist of Weld County providing office space in Weld's southwest annex for the use of Sunrise staff administering the WIC Program. The initial term for this agreement is for one year upon the date of full execution, with automatic renewals from year to year thereafter unless the agreement is terminated sooner pursuant to the provisions contained in the agreement. As the host to the Sunrise WIC program, there will be no compensation provided to Weld County or the Weld County Department of Public Health and Environment as part of this MOU. What options exist for the Board? (include consequences, impacts, costs, etc. of options): For well over 10 years, Sunrise's south Weld WIC program has been hosted by the Health Department on the county's southwest Weld premises. This relationship has been beneficial for Weld County residents who access both WIC services and other available Weld County services provided in the southwest Weld annex. The Board may decline this MOU for the Sunrise WIC program. However, termination of this arrangement will make it less convenient for south Weld county citizens to access WIC services and it may harm the relationship between long-time community partners who both exist to serve the needs of many of the same clientele in Weld County. Recommendation: I recommend approval of this Memorandum of Understanding for Use of Weld County's Facility for Sunrise Community Health's Women and Infant and Children (WIC) Program Perry L. Buck Mike Freeman Scott K. James, Pro -Tern Steve Moreno, Chair Lori Saine Approve Recommendation Schedule Work Session Other/Comments: P4 vs: ot-enta, I V w MEMORANDUM OF UNDERSTANDING FOR USE OF WELD COUNTY'S FACILITY a -h THIS AGREEMENT is made and entered into this _ day of novemb r., 2021 by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, on behalf of the Weld County Department of Public Health and Environment, hereinafter referred to as "WCDPHE," and Sunrise Community Health, hereinafter referred to as "SUNRISE" WHEREAS, SUNRISE receives federal funding and is designated to administer the federal Women, Infant and Child (WIC) program; and WHEREAS, Sunrise has been using the office space in the Southwest Weld County facility located at 4209 County Road 24-1/2, Longmont, Colorado (the "Facility"), in conjunction with the WIC program. WHEREAS, the County has available office space for SUNRISE in the Facility, and wishes to continue providing support so that SUNRISE may offer WIC services to eligible persons in that part of the County, pursuant to the terms and conditions contained herein; NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: I. TERMS AND CONDITION 1. The term of this Agreement begins upon the date of the mutual execution of this Agreement and ends one year later. This Agreement shall automatically renew from year to year thereafter. Either party may terminate for any reason, so long as thirty (30) days written notice of its intent to so terminate is given to the other party. 2. The County will provide appropriately and adequately furnished office space at the Facility for the use of SUNRISE employees administering the WIC Program to eligible participants during the term of this Agreement. 3. The office space provided for SUNRISE's use may be designated in different locations within the Facility during the term of this Agreement. However, WCDPHE will provide a minimum of thirty (30) days' notice of any proposed change of location of the office space. SUNRISE acknowledges that the office space, telecommunications equipment and the furnishings contained in the current office space are satisfactory at the time of execution of this Agreement for the use for which they are intended. 4. Weld County or WCDPHE may replace or update any equipment currently located in the office space provided for SUNRISE's use as or WCDPHE deems necessary or appropriate; however, WCDPHE shall not be obligated to update or replace such equipment if WCDPHE does not, in its best judgment, deem such update or replacement to be necessary. 5. SUNRISE shall be permitted to provide additional non -modular furniture or equipment or install fixtures in the office space as SUNRISE determines is appropriate, so long as SUNRISEhas first presented any plans for the installation of such fixtures or equipment, or both, to WCDPHE, and obtained WCDPHE's approval for such plans prior to any installation. Any installation of fixtures or equipment shall be done at SUNRISE's expense, unless otherwise agreed in advance, and shall be done in a workmanlike manner. 6. At such time that this Agreement is terminated by either party for any reason, SUNRISE may remove any equipment which is not attached to the building and which was originally supplied by SUNRISE. No fixtures which are attached to the building by either party may be removed from the building without prior consent of WCDPHE. SUNRISE agrees to leave the building and modular furniture in good condition and repair (normal wear and tear excepted) and will pay for the cost of repairs or maintenance of the same, if needed. 7. Each party agrees to keep any and all records and information confidential, in compliance with all laws and regulations concerning the confidentiality of such records. 8. Each party agrees to execute any documents or otherwise sign or take whatever actions may be necessary to ensure that both parties are in compliance with the requirements of the Health Insurance Portability and Accountability Act, as amended ("'HIPAA"). 9. SUNRISE shall defend, indemnify and hold harmless WCDPHE, the County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Agreement or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of SUNRISE to conform to any statutes, ordinances, regulation, law or court decree, except to the extent that such damages are caused by the gross negligence, willful misconduct, or material breach by County, its officers, agents, or employees. 10. Each party warrants that it has obtained any necessary authorization, and that each party has the authority to enter into this Agreement with the other party. 11. The parties to this Agreement intend that the relationship between them contemplated by this Agreement is that of independent entities working in mutual S gn cooperation. No employee, agent, or servant of one party shall be or shall be deemed to be an employee, agent, or servant of another party to this Agreement. 12. 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. 13. 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. 14. This Memorandum of Understanding contains the entire agreement and understanding between the parties to this Memorandum of Understanding and supersedes any other agreements concerning the subject matter of this transaction, whether oral or written. It is the express intention of the parties that any entity other than the undersigned parties receiving services or benefits under this Memorandum of Understanding shall be deemed an incidental beneficiary only. SUNRISE: AliveL,4 ) q 12.1 Date Mrf2l M /VI Printed Name / Title 0 v a -v1 CEO ATTEST: 141erAtst.) G ;edk BOARD OF COUNTY COMMISSIONERS Weld Co Clerk to the Bo. d WELD COUNTY, COLORADO BY: Deputy C rk t; j e : .z"��,� S ott K. James, Pro-Tem NOV 0 8 2021 020,z/ -3//O Contract Form Entity Information New Contract Request Entity Name* SUNRISE COMMUNITY HEALTH CENTER Entity ID* 00006168 Contract Name* SUNRISE WIC FACILITY USE MEMORANDUM OF UNDERSTANDING Contract Status CTB REVIEW ❑ New Entity? Contract ID 5359 Contract Lead* AGOMEZ Contract Lead Email agomez@weldgov.com Parent Contract ID Requires Board Approval YES Department Project # Contract Description* SUNRISE COMMUNITY HEALTH MEMORANDUM OF UNDERSTANDING FOR USE OF WCDPHE'S FACILITY FOR THE WOMEN, INFANT AND CHILDREN (WIC) PROGRAM Contract Description 2 Contract Type* AGREEMENT Amount* $0.00 Renewable* NO Automatic Renewal YES Grant NO IGA NO Department HEALTH Department Email CM-Healthveldgov.com Department Head Email CM-Health- DeptHead veldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYA I I ORNEYg WELDG OV.COM Requested BOCC Agenda Date * 11;01/2021 Due Date 10/28;2021 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? NO If this is a renewal enter previous Contrail ID If this is part of a NSA enter NSA 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 11/01/2021 Review Date* 07 01:2023 Renewal Date Termination Notice Period Committed Delivery Date Expiration Date* 10/30/2023 Contact Information Contact Info Contact Name Purchasing Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Approver Purchasing Approved Date Approval Process Department Head TANYA GEISER DH Approved Date 10%21/2021 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 10,`27/2021 Originator AGOMEZ Finance Approver CHRIS D`OVIDIO Legal Counsel KARIN MCDOUGAL Finance Approved Date Legal Counsel Approved Date 10/22,2021 10'22:2021 Tyler Ref # AG 102721 Hello