HomeMy WebLinkAbout20160054.tiffRESOLUTION
RE: APPROVE MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN - A
KID'S PLACE
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 Agreement 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 19th Judicial District, and
A Kid's Place, commencing January 1, 2016, and ending December 31, 2016, with further terms
and conditions being as stated in said memorandum of agreement, and
WHEREAS, after review, the Board deems it advisable to approve said memorandum of
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 Memorandum of Agreement 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, the 19th Judicial District and A Kid's Place 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 agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 4th day of January, A.D., 2016, nunc pro tunc January 1, 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
.RAJ W •=%‘,4
Weld County Clerk tq the Board
County Attorney
Date of signature:
Mike Freeman, Chair
n P. Conway, Pro -Tern
Steve Moreno
2016-0054
HR0087
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MEMORANDUM
DATE: December 16, 2015
TO: Board of County Commissioners — Pass -Around
FR: Judy A. Griego, Director, Human Services
RE:
Memorandum of Agreement between the District Attorney
for the 19th Judicial District, the Weld County Sheriff's
Office sitting as the Board of Social Services and A Kid's
Place
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 a Memorandum of Agreement between the District Attorney
for the 19th Judicial District, the Weld County Sheriff's Office sitting as the Board of
Social Services and A Kid's Place. Under this Agreement, the Weld County Department of
Social Services and the Weld County Sheriffs Office shall have the right to use A Kid's Place
in the course of coordinated investigations into child abuse and neglect. The District Attorney
for the 19th Judicial District shall have the right to use A Kid's Place to conduct debriefing
sessions of investigations into cases of child abuse and neglect with law enforcement agencies
to determine the need for prosecution.
This Agreement shall be for a term beginning on January 1, 2016, and continuing to December
31, 2016, or until such time that parties terminate this Agreement. The County agrees to pay A
Kid's Place non-profit corporation the sum of $992.75 per month, up to a total of $11,913.00 for
their services in 2016.
I do not recommend a Work Session. I recommend approval of this Agreement.
Sean Conway
Steve Moreno
Barbara Kirkmeyer
Mike Freeman
Julie Cozad
Approve Request
BOCC Agenda Work Session
oiti/
2016-0054
Pass -Around Memorandum; December 16, 2015 Page 1
MEMORANDUM OF AGIEEMENT
/'T
This Agreement is made and entered into this `7" day of �� _ 2016, by and
between the County of Weld, Colorado, by and between the Board •j County C•Ji missioners of the
County of Weld, on behalf of the District Attorney for the 19th Judicial District, whose address is 915 10th
Street, Greeley, Colorado 80631, hereinafter referred to as "District Attorney;" the Weld County
Sheriffs Office, whose address is 1950 O Street, Greeley, Colorado 80631, hereinafter referred to as
"Sheriff;", the Weld County Department of Human Services, who address is 315 North 11th Avenue,
Building B, Greeley, Colorado 80631, hereinafter referred to as the "County;" and A Kid's Place, whose
address is 1610 29th Avenue Place, Suite 201, Greeley, Colorado 80631, hereinafter referred to as
"Contractor."
W ITN ESSETH
WHEREAS, the Contractor is currently operating a child abuse assessment center located at
1610 29th Avenue Place, Suite 201, Greeley, Colorado 80631, and
WHEREAS, the Contractor is used by the Department, District Attorney and other agencies
pursuant to investigations into case of child abuse and neglect, and
WHEREAS, the parties desire to enter into an agreement regarding the use of A Kid's Place by
the Department, District Attorney, and Sheriff with funding provided by the Department.
NOW THEREFORE, the parties hereto agree in consideration of the mutual promises and
covenants stated herein, enter in to an agreement regarding the use of Contractor by the Department,
District Attorney, and Sheriff with funding provided by the Department for such use, as follows:
1. TERM: This Agreement shall be for a term beginning on January 1, 2016, and continuing to
December 31, 2016, or until such time that parties terminate this Agreement pursuant to the
provision of Section 6, below.
2. FUNDING: No portion of this Agreement shall be deemed to create an obligation on the part of
any party hereto to expend funds not otherwise appropriated during the term of this
Agreement. The Department agrees to pay to the Contractor, a non-profit corporation, the sum
of $992.75 per month, up to a total of $11,913.00 for 2016, for the cost of the use of Contractor
by the agencies referred to in this Agreement.
3. USE OF THE CONTRACTOR: The Department and District Attorney shall have the right to
unlimited use of the Contractor for the following purposes:
a. The Department and the Sheriff shall have the right to use the Contractor in the course
of coordinated investigations into child abuse and neglect.
b. The District Attorney shall have the right to use the Contractor to conduct debriefing
sessions of investigations into case of child abuse and neglect with law enforcement
agencies to determine the need for prosecution.
c. The Department and District Attorney shall have the right to participate in any training
offered by the Contractor.
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No portion of this Agreement shall be interpreted to require the Department and/or District
Attorney to use the Contractor for any particular investigation or debriefing.
4. ASSISTANCE PROVIDED BY THE CONTRACTOR: The Contractor shall provide the following
services during regular business hours:
a. Scheduling the use of the Contractor for all agencies that utilize the facility, scheduling
medical exams (for law enforcement only), and appointment coordination between
interviews and medical exams (for law enforcement only).
b. Maintenance of equipment and facility.
c. Explaining and providing expertise for the use of video and audio equipment provided
by the Contractor.
d. Providing various services, including, but not limited to:
1. Greeting and providing a comfortable environment for persons
attending appointments at the Contractor's location.
2. Attending debriefing sessions conducted by the District Attorney.
3. Setting facility and equipment training and miscellaneous non -
mandatory training.
5. INSURANCE REQUIREMENTS: Contractor and Department agree that Weld County, the Board of
County Commissioners of Weld County, its officers and employees, shall not be held liable for
injuries or damages caused by any negligent acts or omissions of the Contractor, it
subcontractor, or their employees, volunteers, or agents while performing duties described in
this Agreement. Contractor shall indemnify, defend and hold harmless Weld County, the Board
of County Commissioners of Weld County, its employees, volunteers and agents.
Contractor shall provide the liability insurances (including professional liability insurances where
necessary) and worker's compensation insurances for all its employees, volunteers, and agents
engaged in the performance of this Agreement which are required under Weld County's
Request for Proposal, and required by the Colorado Worker's Compensation Act. Contractor
shall provide the Department with the acceptable evidence that such coverage is in effect within
seven (7) days of the date of this Agreement.
At a minimum, Contractor shall procure, either personally or through its employer as applicable
to the Contractor's business, at its own expense, and maintain for the duration of the work, the
following insurance coverage. Weld County, State of Colorado, by and through the Board of
County Commissioners of Weld County, its employees and agents, shall be named as additional
named insured on the insurance, where permissible the insurance provider.
a. General Requirements: Contractors/Contract Professionals must secure, at or before the
time of execution of any agreement or commencement of any work, the following
insurance covering all operations, goods or services provided pursuant to this request.
Contractors/Contract Professionals shall keep the required insurance coverage in force
at all times during the term of the Agreement, or any extension thereof, and during any
warranty period. The required insurance shall be underwritten by an insurer licensed to
do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each
policy shall contain a valid provision or endorsement stating "Should any of the above -
described policies by canceled or should any coverage be reduced before the expiration
date thereof, the issuing company shall send written notice to the Weld County Director
of General Services by certified mail, return receipt requested. Such written notice shall
be sent thirty (30) days prior to such cancellation or reduction unless due to non-
payment of premiums for which notice shall be sent ten (10) days prior. If any policy is
in excess of a deductible or self -insured retention, County must be notified by the
Contractor/Contract Professional. Contractor/Contract Professional shall be responsible
for the payment of any deductible or self -insured retention. County reserves the right
to require Contractor/Contract Professional to provide a bond, at no cost to County, in
the amount of the deductible or self -insured retention to guarantee payment of claims.
The insurance coverages specified in this Agreement are the minimum requirements,
and these requirements do not decrease or limit the liability of Contractor/Contract
Professional. Contractor/Contract Professional shall maintain, at its own expense, any
additional kinds or amounts of insurance that it may deem necessary to cover its
obligations and liabilities under this Agreement.
b. Types of Insurance: Contractor/Contract Professional shall obtain, and maintain at all
times during the term of any Agreement, insurance in the following kinds and amounts:
i. Workers' Compensation Insurance as required by state statute, and Employer's
Liability Insurance covering all of Contractor's Contract Professional's employees
acting within the course and scope of their employment. If Contractor is an
Independent Contractor, as defined by the Colorado Worker's Compensation
Act, this requirement shall not apply. Contractor must submit to the
Department a Declaration of Independent Contractor Status Form prior to the
start of this agreement.
ii. Commercial General Liability Insurance written on ISO occurrence form CG 00
01 10/93 or equivalent, covering premises operations, fire damage,
independent Contractors, products and completed operations, blanket
contractual liability, personal injury, and advertising liability with minimum
limits as follows:
- $1,000,000 each occurrence;
- $2,000,000 general aggregate;
iii. Automobile Liability: Contractor/Contract Professional shall maintain limits of
$1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each
accident, and $1,000,000 for property damage applicable to all vehicles
operating both on County property and elsewhere.
iv. For all general liability, excess/umbrella liability, liquor liability, pollution liability
and professional liability policies, if the policy is a claims -made policy, the
retroactive date must be on or before the contract date or the first date when
any goods or services were provided to County, whichever is earlier.
c. Contractors shall secure and deliver to County's Risk Administrator ("Administrator") at
or before the time of execution of this Agreement, and shall keep in force at all times
during the term of the Agreement as the same may be extended as herein provided, a
commercial general liability insurance policy, including public liability and property
damage, in form and company acceptable to and approved by said Administrator,
covering all operations hereunder set forth in this Agreement.
d. Proof of Insurance: Contractor/Contract Professional shall provide a copy of this
information to its insurance agent or broker, and shall have its agent or broker provide
proof of Contractor/Contract Professional's required insurance. County reserves the right
to require Contractor/Contract Professional to provide a certificate of insurance, a policy,
or other proof of insurance as required by the County's Risk Administrator in his sole
discretion.
e. Additional Insureds: For general liability, excess/umbrella liability, pollution legal
liability, liquor liability, and inland marine, Contractor/Contract Professional's insurer
shall name County as an additional insured as follows
f. Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer
shall waive subrogation rights against County.
g.
Subcontractors: All subcontractors, subcontractors, independent contractors, sub -
vendors, suppliers or other entities providing goods or services required by this
Agreement shall be subject to all of the requirements herein and shall procure and
maintain the same coverages required of Contractor/Contract Professional.
Contractor/Contract Professional shall include all such subcontractors, independent
contractors, sub -vendors suppliers or other entities as insureds under its policies or shall
ensure that all subcontractors maintain the required coverages. Contractor/Contract
Professional agrees to provide proof of insurance for all such subcontractors,
independent contractors, sub -vendors suppliers or other entities upon request by the
County.
6. INDEPENDENCE OF CONTRACTOR: Contractor agrees that it is an independent Contractor and
that Contractor's officers, agents, interns, volunteers or employees will not become employees
of Department, District Attorney, or Sheriff, nor entitled to any employee benefits from the
Department, District Attorney, or Sheriff 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 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.
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 Agreement. Contractor shall not have authorization, express or
implied, to bind County to any agreement, liability or understanding, except as expressly set
forth in this Agreement. Contractor shall have the following responsibilities with regard to
workers' compensation and unemployment compensation insurance matters: (a) provide and
keep in force workers' compensation and unemployment compensation insurance in the
amounts required by law.
7. LIABILITY FOR NEGLIGENCE OF EMPLOYEES AND/OR AGENTS OF PARTIES: The individual parties
hereto agree to be solely responsible for any and all injuries and/or damages by negligence of
their employees while conducting investigations or debriefings at the Contractor's location. This
Agreement is not intended for the prupose of creating a relationship betweent he parites which
does not exist currently by virutue of the parties' individual investigative responsibiltiies as
provided by state and federal law. No portion of this Agreement shall be deemed to constitute
a waiver of any immunities the parites or their officers or exmployees may possess, nor shall any
protion of this Agreement be deemed to have created a duty orf care that did not previously
exist whith respect to any person not a party of this Agreement.
8. TERMINATION: The Department or District Attorney may terminate this Agreement at any time
upon ninety (90) days notification to the Contractor, a non-profit corporation.
9. COMPLIANCE WITH APPLICABLE LAWS:
a. At all times during the performance of this Agreement, Contractor will strictly adhere to
all applicable Federal and State laws, order, and applicable standards, regulations,
interpretations and/or guidelines issued pursuant thereto. This includes protection of
the confidentiality of all applicant/recipient records, papers, documents, tapes and any
other materials that have been or may hereafter be established which relate to the
Agreement. Contractor shall abide by all applicable laws and regulations, including, but
not limited to the following:
- Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sections 2000d-1 Title VI of the
Civil Rights Act of 1964, 42 U.S.C. Sections 2000d-1 et. seq. and its implementing
regulation, 45 C.F.R. Part 80 et. seq.; and
- all provisions of the Civil Rights Act of 1986 so that no person shall, on the
grounds of race, creed, color, sex, or national origin, be excluded from participation
in, be denied the benefits of, or be otherwise subjected to discrimination under the
approved Agreement.
- Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Section 794, and its
implementing regulations, 45 C.F.R. Part 84; and
- the Age Discrimination Act of 1975, 42 U.S.C. Section 6101 et. seq. and its
implementation regulations, 45 C.F.R. Part 91; and
- Title VII of the Civil Rights Act of 1964; and
- the Age Discrimination in Employment Act of 1967; and
- the Equal Pay Act of 1963; and
- the Education Amendments of 1972; and
- Immigration Reform and Control Act of 1986, P.L. 99-603, 42 C.F.R. Part 2; and
- all regulations applicable to these laws prohibiting discrimination because of
race, color, national origin, sex, religion, and handicap, including Acquired Immune
Deficiency Syndrome (AIDS) or AIDS related conditions covered under Section 504 of
the Rehabilitation Act of 1973, as amended, cited above. If necessary, Contractor
and the Department will resist in judicial proceedings any efforts to obtain access to
client records except as permitted by 42 C.F.R. Part 2. 45 C.F.R. Part 74, Appendix G
9, which requires that affirmative steps be taken to assure that small and minority
businesses are utilized, when possible, as sources of supplies, equipment,
construction and services. This assurance is given in consideration of and for the
purpose of obtaining any all Federal and/or State financial assistance.
- Colorado Revised Statute (C.R.S.) 26-6-104, requiring criminal background
record checks for all employees, contractors and sub -contractors.
b. Contractor is further charged with the knowledge that any person who feels that s/he
has been discriminated against has the right to file a complaint either with the Colorado
Department of Human Services or with the United States Department of Health and
Human Services, Office for Civil Rights.
c. Contractor assures that it will fully comply with all other applicable Federal and State
laws which may govern the ability of the Department to comply with the relevant
funding requirements. Contractor understands the source of funds to be accessed
under the Agreement is Core Services.
d. Contractor assures and certifies that it and its principals:
- Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transaction by a Federal or State
department or agency; and
- have not, within a three-year period preceding this Agreement, been convicted
of or had a civil judgment rendered against them for commission of fraud or
criminal offense in connection with obtaining, attempting to obtain, or performing a
public (Federal, State or Local) transaction or contract under public transaction;
violation of federal or state antitrust statutes or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property; and
- are not presently indicted for or otherwise criminally or civilly charged by a
government entity (federal, state or local) with commission of any of the offenses
enumerated in this certification; and
- have not, within a three-year period preceding this Agreement, had one or
more public transactions (federal, state, or local) terminated for cause or default.
e. Contractor certifies that it shall comply with 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.
f. 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 this Agreement.
10. ENTIRE AGREEMENT/NO THIRD PARTY BENEFICIARY: 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
Understating shall be deemed an incidental beneficiary only.
11. NO WAIVER OF IMMUNITY: No portion of this Memorandum of Understanding shall be deemed
to constitute a waiver of any immunities the parties or their officers or employees may posses,
nor shall any portion of this Memorandum of Understanding be deemed to have created a duty
of care that did not previously exist with respect to any person not a party to this Memorandum
of Understanding.
12. SEVERABILITY: If any provision of this Memorandum of Understanding should be held to be
invalid, illegal, or unenforceable for any reason, the validity, legality, and enforceability of the
remaining provisions shall not in any way be effected or impaired thereby.
13. EXTENSTION OR MODIFICATION: Any amendments or modifications to this agreement shall be
in writing signed by both parties.
14. NON -ASSIGNMENT: Contract Professional may not assign or transfer this Agreement or any
interest therein or claim thereunder, without the prior written approval of County.
15. 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.
16. 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.
Acknowledgment. County and Contract Professional 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 Exhibits, 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.
de°
ATTEST: BOARD OF COUNTY COMMISSIONERS
Weld C
BY:
Deputy Clerk t
t
Clerk to the Bo • rd
.,
WELD COUNTY, COLORADO
Mike Freeman, Chair JAN 0.4 2015
APPROVED AS TO SUBSTANCE:
ed Offidial or De rtment ead
A KID'S PLACE
tcu¢o, adeek'
Gwe Schooley, Executiv erector
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