HomeMy WebLinkAbout20183311.tiffCONTRACT AGREEMENT AMENDMENT
BETWEEN
THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES
AND NORTH COLORADO HEALTH ALLIANCE
This Agreement Amendment made and entered into] /�! I day of, �, Q 1?) 1, by and between the Board
of Weld County Commissioners, on behalf of the Weld County Department of man Services, hereinafter referred to as the
"Department", and North Colorado Health Alliance, hereinafter referred to as the "Contractor".
WHEREAS the parties entered into an Agreement to , (the "Original Agreement") identified by the
Weld County Clerk to the Board of County Commissioners as document No. 2018-3311, approved on October 17, 2018.
WHEREAS the parties hereby agree to amend the term of the Original Agreement in accordance with the terms of
the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein.
NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows:
• The Original Agreement will end on June 30, 2019.
• The Amendment, together with the Original Agreement, constitutes the entire understanding between the parties.
The following change is hereby made to the Contract Documents:
1. Extend the professional agreement term to June 30, 2020.
2. Amend Paragraph 6, Compensation/Contract Amount, as follows: County agrees to pay for services on a
monthly basis upon receipt of a monthly invoice from the contractor which details work completed as it relates
to identified services. Total contract amount will not exceed $82,000.00.
3. Replace Exhibit A — Scope of Work with the new terms outlined in the revised Exhibit A (attached).
• All other terms and conditions of the Original Agreement remain unchanged.
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above
written.
�� COUNTY;,
ATTE . ijZ'"et.' �/• ��" *r BOARD OF COUNTY COMMISSIONERS
Wel. o lerk to the Bo +, '„ j • �, , , WELD COUNTY, COLO ' DO
By:
Deputy Cl
-/o -
i9
North Colorado Health Alliance
2930 11th Avenue
Evans, CO 80620
rbara Kirkmeyer, C • it
CONTRACTOR:
JUN 1 0 2019
Den-''e'eatfa/r
By: Deirdre Pearson (May 31, 2019)
Deirdre Pearson, Director of Operations
Date: May 31, 2019
cc: OK,604-e- 61-5-6)
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EXHIBIT A
SCOPE OF SERVICES
Weld County Department of Human Services has identified a need for a collaborative partnership that
encompasses multiple agencies who serve the greater Weld County Community, including specific focus
neighborhoods and children, youth and families in Weld County, to promote safe and healthy families. This
agreement amendment, with North Colorado Health Alliance (NCHA) will continue the work of establishing the
Weld Family Leadership Commission (WFLC).
The services and outcomes outlined below, are the target areas for completion by NCHA for the extended term
through June 30, 2020.
A. GENERAL DESCRIPTION OF SERVICES
Implement a highly structured, collaborative community approach to service delivery to identified Weld County
communities, that allows individuals and families access to quality and effective services that provide for stable
housing, medical care, and other key needs. This includes finalizing membership in the oversight group called Weld
Family Leadership Commission (WFLC) governed by the WFLC bylaws (to be finalized).
B. SPECIFIC SERVICES TO BE PROVIDED
1. Contractor will assist in transitioning the completed work under the original agreement with NCHA to the
WFLC Executive Committee, and the WFLC Director.
2. Contractor will assist in finalizing and implementing the WFLC Bylaws.
3. Contractor will assist in establishing objectives and outcomes of the targeted neighborhood/community
approach initiative aimed at improving the lives of families in selected neighborhoods/communities.
4. Contractor will provide the WFLC Director administrative support in areas such as coordinating and
scheduling of meetings and development of rosters.
5. Contractor will assist in the development of the Request for Proposal, through the means of research and
recommendations.
6. Contractor will assist in the design for WFLC membership guidelines, to include participation requirements
and membership activities.
C. PAYMENT FOR SERVICES
The County agrees to reimburse the Contractor in consideration of the work and services performed under this
Agreement at the rate specified in agreement. Contractor agrees to provide monthly invoices for reimbursement
during the term of this Agreement.
Expenses incurred by the Contractor prior to the term of this agreement are not eligible County expenditures and
shall not be reimbursed by the County.
Payment pursuant to this Agreement, whether in whole in part, is subject to and contingent upon the continuing
availability of said funds for the purposes hereof. If said funds, or any part thereof, become unavailable as
determined by the County, the County may immediately terminate the Agreement or amend it accordingly.
RESOLUTION
RE: APPROVE AGREEMENT FOR PROFESSIONAL SERVICES TO DEVELOP CHILD
AND YOUTH LEADERSHIP COMMISSION (CYLC) AND AUTHORIZE CHAIR TO SIGN
- NORTH COLORADO HEALTH ALLIANCE
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 an Agreement for Professional Services
to Develop a Child and Youth Leadership Commission (CYLC) 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 the North Colorado Health Alliance, commencing
September 1, 2018, and ending June 30, 2019, 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 Agreement for Professional Services to Develop a Child and Youth
Leadership Commission (CYLC) 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 the North Colorado Health Alliance 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 17th day of October, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: datiLe4) jC,le4;e .
Weld County Clerk to the Board
BY:CS-A
0-0,e, a- Ro
puty Clerk to the Board
torney
Date of signature: l l f Co
Steve Moreno, Chair
rbara Kirkmeyer,
-------
Sean P. Conway
Mike Freeman
cc 1 -IS
It I 1 /I2
2018-3311
HR0089
►oN- (kJ qq
PRIVILEGED AND CONFIDENTIAL
MEMORANDUM
DATE: September 11, 2018
TO: Board of County Commissioners — Pass -Around
FR: Judy A. Griego, Director, Human Services
RE: Agreement with North Colorado Health Alliance
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 Agreement with North Colorado Health Alliance (NCHA).
The Department is contracting with NCHA to develop the Child and Youth Leadership Commission (CYLC)
that will consist of a collaborative partnership structure and encompass multiple agencies who service children,
youth and families in Weld County and will identify and provide services that promote safe and healthy
families.
The agreement includes NCHA developing and implementing a highly structured, collaborative approach to
service delivery for Weld County children, youth and families, that allows individuals and families access to
quality and effective services that provide for stable housing, medical care, and other needs. Through this
agreement, NCHA will: 1) identify community partners for established of an oversight group identified as the
Weld County Child and Leadership Commission (CYLC), 2) convene the first meeting of the CYLC by
September 27, 2018, 3) identify goals and formalize bylaws for the established CYLC with input from partners,
4) draft a Memorandum of Understanding (MOU) for SFY 2019-20 that may transition to a Collaborative
Management Program (CMP), and 5) Formalize a process for selecting and approving programs and services to
be initially supported by the CYLC through a Request for Proposal (RFP) process. The Department will provide
$82,000.00 in Common Support funding to NCHA for these efforts. The funding is the result of converting a
vacant position in the Family Resource Division (Transportation Scheduler). This agreement is effective
September 1, 2018, through June 30, 2019.
I do not recommend a Work Session. I recommend approval of this Agreement.
Approve Schedule
Recommendation Work Session
Sean P. Conway
Julie A. Cozad, Chair
Mike Freeman
Barbara Kirkmeyer, Pro -Tern
Steve Moreno, Chair
Other/Comments:
Pass -Around Memorandum; September 11, 2018 — ID 2144
:of
Page 1
2018-3311
H R00 8•ct
WELD COUNTY AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN WELD COUNTY & NORTH COLORADO HEALTH ALLIANCE
THIS AGREEMENT is made and entered into this % rii.of �. , 2018, 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, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred
to as "County," and North Colorado Health Alliance (NCHA), is a 501(c)(3) non-profit organization, who
whose address is 2930 1 l`h Avenue, Evans, Colorado 80620, hereinafter referred to as "Contractor".
WHEREAS, County desires to retain Contractor as an independent Contractor to perform services
as more particularly set forth below; and
WHEREAS, Contractor has the ability, qualifications, and time available to timely perform the
services, and is willing to perform the services according to the terms of this Agreement.
WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time,
skill, expertise, and experience necessary to provide the services as set forth below;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein,
the parties hereto agree as follows:
1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in
Exhibit A, which forms an integral part of this Agreement. Exhibit A is specifically incorporated herein by
this reference.
2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for
the Project and agrees to diligently provide all services, labor, personnel and materials necessary to perform
and complete the Project described in Exhibit A.
3. Term. The term of this Agreement begins September 1, 2018, and shall continue through June 30, 2019.
This contract may be extended annually upon written agreement of both parties.
4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30)
days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a
material breach of the terms of the Agreement.
5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing
signed by both parties. No additional services or work performed by Contractor shall be the basis for
additional compensation unless and until Contractor has obtained written authorization and
acknowledgement by County for such additional services.
6. Compensation/Contract Amount. County agrees to pay an amount no greater than $82,000, to paid
in quarterly (four) installments of $20,500.00, which is the amount set forth in Exhibit A. County will not
withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely
responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the
terms of this Agreement.
7. Independent Contractor. Contractor agrees that it is an independent Contractor and that Contractor's
officers, agents or employees will not become employees of County, nor entitled to any employee benefits
from County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder
as an independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and
O2O/O - <36 /l
employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not
entitled to unemployment insurance or workers' compensation benefits through County and County shall
not pay for or otherwise provide such coverage for Contractor or any of its agents or employees.
8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance
upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor
agreements for the completion of this Project without County's prior written consent, which may be
withheld in County's sole discretion.
9. Ownership. All work and information obtained by Contractor under this Agreement or individual work
order shall become or remain (as applicable), the property of County.
10. Confidentiality. Contractor agrees to keep confidential all of County's confidential information.
Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other
person or entity without seeking written permission from the County. Contractor agrees to advise its
employees, agents, and consultants, of the confidential and proprietary nature of this confidential
information and of the restrictions imposed by this agreement.
11. Warranty, Contractor warrants that the services performed under this Agreement will be performed
in a manner consistent with the standards governing such services and the provisions of this Agreement.
Contractor further represents and warrants that all services shall be performed by qualified personnel in a
professional and workmanlike manner, consistent with industry standards, and that all services will conform
to applicable specifications.
12. Acceptance of Services Not a Waiver. In no event shall any action by County hereunder constitute
or be construed to be a waiver by County of any breach of this Agreement or default which may then exist
on the part of Contractor. Acceptance by the County of, or payment for, the services completed under this
Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under
the law generally.
13. Insurance and Indemnification. Contractor 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 County prior to the performance of any services under
this Agreement. Professional Liability (Errors and Omissions Liability) The policy shall cover
professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this
contract. Contractor 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 Contract resulting from professional services. In the event that the professional liability insurance
required by this Contract is written on a claims -made basis, Contractor warrants that any retroactive date
under the policy shall precede the effective date of this Contract; 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 Contract is completed.
Minimum Limits:
Per Loss
Aggregate
$ 1,000,000
$ 2,000,000
14. Indemnity. The Contractor shall defend, indemnify and hold harmless County, its officers, agents,
and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or
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character arising out of the work done in fulfillment of the terms of this Contract or on account of any act,
claim or amount arising or recovered under workers' compensation law or arising out of the failure of the
Contractor to conform to any statutes, ordinances, regulation, law or court decree.
15. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim
thereunder, without the prior written approval of County.
16. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or
failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to
any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood,
earthquakes or Governmental actions.
17. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws,
rules and regulations in effect or hereafter established, including without limitation, laws applicable to
discrimination and unfair employment practices.
18. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other
Contractors or persons to perform services of the same or similar nature.
19. Entire Agreement/Modifications. This Agreement including Exhibit A, attached hereto and
incorporated herein, contains the entire agreement between the parties with respect to the subject matter
contained in this Agreement. This instrument supersedes all prior negotiations, representations, and
understandings or agreements with respect to the subject matter contained in this Agreement. This
Agreement may be changed or supplemented only by a written instrument signed by both parties.
20. Fund Availability. Financial obligations of the County 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 County does not create an obligation on the part of County to expend funds
not otherwise appropriated in each succeeding year.
21. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507.
The signatories to this Agreement state that to their knowledge, no employee of Weld County has any
personal or beneficial interest whatsoever in the service or property which is the subject matter of this
Agreement.
22. 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.
23. 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.
24. No Third -Party Beneficiary. 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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25. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid
until it has been approved by the Board of County Commissioners of Weld County, Colorado or its
designee.
26. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto,
shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included
or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null
and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District
Court shall have exclusive jurisdiction to resolve said dispute.
27. Public Employment Retirement Program. Contractor is responsible for notifying Weld County of
any previous participation in the Colorado Public Employee Retirement Program. Contractor must notify
Weld county of the most recent employment for a PERA contributing employer.
28. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it
does not knowingly employ or contract with an illegal alien who will perform work under this
contract. Contractor will confirm the employment eligibility of all employees who are newly hired for
employment in the United States to perform work under this Agreement, through participation in the E -
Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-
102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under
this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the
subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this
Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to
undertake pre -employment screening or job applicants while this Agreement is being performed. If
Contractor obtains actual knowledge that a subcontractor performing work under the public contract for
services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and
County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or
contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop
employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall
not terminate the contract if within three days the subcontractor provides information to establish that the
subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply
with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-
102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of
Colorado program, Contractor shall, within twenty days after hiring a new employee to perform work under
the contract, affirm that Contractor has examined the legal work status of such employee, retained file
copies of the documents, and not altered or falsified the identification documents for such
employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the
legal work status of such employee, and shall comply with all of the other requirements of the State of
Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-
17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall
be liable for actual and consequential damages.
Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor
receives federal or state funds under the 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 C.R.S. § 24-
76.5-103(4), if such individual applies for public benefits provided under the 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 C.R.S. § 24-76.5-101, et seq., and (c) shall produce
one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract.
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29. Acknowledgment. County and Contractor acknowledge that each has read this Agreement,
understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the
attached Exhibit A, is the complete and exclusive statement of agreement between the parties and
supersedes all proposals or prior agreements, oral or written, and any other communications between the
parties relating to the subject matter of this Agreement.
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and
year first above written.
COUNTY:
ATTEST: d.. H 1 v ; e1
WeldCrktothe
By:
Deputy Clerk to the
5
BOARD OF COUNTY COMMISSIONERS
WELD,cOUNTY, COLORADO
Steve Moreno, Chair OCT
7 2018
CONTRACTOR:
North Colorado Health Alliance
2930 I ith Avenue
Evans, Colorado 80620
(970)350-4673
By:
Date:
Deirdre Pearson, Director of Operations
o2 7/8- 36//
EXHIBIT A
SCOPE OF SERVICES
Weld County has identified a need for a collaborative partnership structure that encompasses multiple
agencies who serve children, youth and families in Weld County and will engage the community to
identify and prioritize services that promote safe and healthy families. Under this agreement, Contractor
will work towards the establishment of an oversight group identified as the Weld County Child and Youth
Leadership Commission (CYLC).
During the 2018-2019 CMP MOU planning process, Weld CMP mandated partners met monthly and
heard from several counties with successful CMPs. The Jefferson County CMP was identified as the
most suitable model and bylaws were developed using the CYLC as the oversight group in preparation
for submission of a Weld County CMP MOU. Seven of the ten mandated partners agreed to the CYLC
and bylaws for the 2018-2019 Weld CMP MOU.
The CYLC will include key partners such as the Regional Accountability Entity (RAE),
behavioral/mental health, safety and prevention, law enforcement, human services, public health, human
services, youth corrections, judicial, community members and family advocates, and local area non-profit
agencies. Contractor will focus initial efforts on continuing the work started by the CMP partners and
work toward the objective of constructing the CYLC, establishing a framework for the commission and
working with all community stakeholders to develop a uniform and inclusive process for identifying the
services and programs to be managed and supported through the commission.
The objectives of this Agreement are outlined below and will be the responsibility of the Contractor.
County will provide funding to Contractor through this Agreement.
A. GENERAL DESCRIPTION OF PRIMARY OBJECTIVE
Develop and implement a highly structured, collaborative community approach to service delivery for
Weld County children, youth and families, that allows individuals and families access to quality and
effective services that provide for child care, employment, food security, medical care, permanency,
safety, stable housing, and other key needs. This includes establishing an oversight group called Weld
County Child and Youth Leadership Commission (CYLC) providing specific support and structure for the
group and identifying and working with community partners to develop a CMP Memorandum of
Understanding for SFY 2019 - 2020.
B. AGREEMENT OBJECTIVES
1. Identify community partners for establishment of an oversight group identified as the Weld
County Child and Youth Leadership Commission (CYLC). Partnership should reflect the needs
of the community and be inclusive of all partner needs.
2. Convene the first meeting of the CYLC by September 27, 2018 and convene a minimum of one
(1) quarterly meeting thereafter. All meetings shall include a formal agenda, attendance
documentation and minutes.
3. Identify goals and formalize bylaws for the established CYLC with input from identified partners.
4. Draft a Memorandum of Understanding (MOU) for SFY 2019 — 2020, that may transition to a
Collaborative Management Program (CMP).
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5. Formalize a process for selecting and approving programs and services to be financially
supported by the CYLC through an Request for Proposal (RFP) process.
D. PAYMENT FOR SERVICES
The County agrees to reimburse the Contractor for the work and services performed under this
Agreement. The total amount is to be paid to the Contractor is $82,000.00, to paid in quarterly (four)
installments of $20,500.00.
Expenses incurred by the Contractor prior to the term of this agreement are not eligible County
expenditures and shall not be reimbursed by the County.
Payment pursuant to this Agreement, whether in whole in part, is subject to and contingent upon the
continuing availability of said funds for the purposes hereof. If said funds, or any part thereof, become
unavailable as determined by the County, the County may immediately terminate the Agreement Or
amend it accordingly.
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