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Home My WebLink About20153908.tiff RESOLUTION RE: APPROVE MEMORANDUM OF AGREEMENT BETWEEN WELD COUNTY, COLORADO, AND PROMISES FOR CHILDREN AS A RECIPIENT OF WELD COUNTY GENERAL FUND MONIES AND AUTHORIZE CHAIR TO SIGN 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, a Memorandum of Agreement between Weld County, Colorado, and Promises for Children as a recipient of Weld County General Fund monies has been presented to the Board of County Commissioners of Weld County, Colorado, a copy of which is attached hereto and incorporated herein by reference, and WHEREAS, Promises for Children has been awarded the sum of $5,000.00 from Weld County General Fund monies, which monies are for the purpose of providing services to Weld County citizens, and WHEREAS, the contract period shall be from January 1, 2016, through December 31, 2016, and WHEREAS, the Board of County Commissioners deems it advisable and in the best interest of Weld County to approve said agreement. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Memorandum of Agreement between Weld County, Colorado, and Promises for Children as a recipient of Weld County General Fund monies be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair of the Board of County Commissioners of Weld County, Colorado, be, and hereby is, authorized to sign said agreement. CO, • &I) 2015-3908 FI0062 RESOLUTION - PROMISES FOR CHILDREN PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of December, A.D., 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLO DO ATTEST: dditgeki ;� , arbara Kirkmeyer, hair Weld County Clerk to the Board EXCUSED \ �4 Mike Freeman, Pro-Tem BY: �� 7i i�� • ,,•r= Deputy Cle to the Bo '�� 161 A ��an P. Conway AP O D A M: at>----O(i Julie A. Cozad County Attorney EXCUSED Steve Moreno Date of signature: ///O, 2015-3908 FI0062 MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into on this, the 14th day of December, 2015, by and between Weld County, hereinafter referred to as 'Weld" and Promises for Children, hereinafter referred to as "Contractor", the parties agree as follows: WHEREAS, the Board of County Commissioners of Weld County, Colorado, has awarded Promises for Children a sum of $5,000.00 of Weld County General Fund monies to assist Weld County citizens, and WHEREAS, the County implements programs and services to residents throughout Weld County, and WHEREAS, the "Contractor" provides services in Weld County to the children of Weld County, and WHEREAS, the parties hereto are desirous of formalizing an agreement for the express purpose of providing services to Weld County children, and WHEREAS, to implement these goals, the parties desire to establish an agreement for the use of Weld County General Fund monies for the purpose of providing children programs. NOW, THEREFORE, in consideration of the premises stated herein, the parties hereto agree as follows: 1. The purpose of this Agreement is to establish an agreement for the use of Weld County General Fund monies by Promises for Children. 2. CONTRACT PERIOD will be from January 1, 2016, through December 31, 2016. 3. COMPENSATION: 'Weld" agrees to pay "Contractor" a one-time grant of $5,000.00. 4. The total amount paid by "Weld" to "Contractor" under this Agreement shall not exceed the sum of$5,000.00. 5. "Contractor" assures that as a recipient of General Fund monies, it is fully aware of the restrictions and requirements of the regulations and applicable State and local law provisions. 6. "Contractor" assures that as a recipient of General Fund monies, it will spend the funds in accordance with the same laws and procedures that govern the expenditure of its own funds. 7. "Contractor" assures that it will maintain sufficient records and an accounting system and internal control procedures adequate to permit the tracing of the funds to a level of expenditure which clearly demonstrates that the funds were used in compliance with the regulations of State and local law. 02,0/a--‘590r(1) FI0062 MEMORANDUM OF AGREEMENT - PROMISES FOR CHILDREN PAGE 2 8. "Contractor" agrees that it is an independent contractor and that its officers and employees do not become employees of 'Weld" nor are they entitled to any employees' benefits as employees of 'Weld" as a result of the execution of this agreement. 9. "Contractor" shall indemnify 'Weld", its officers and employees against liability for injury or damage caused by any negligent act or omission of any of its employees or volunteers or agents in the performance of this agreement and shall hold 'Weld" harmless from any loss occasioned as a result of the performance of this contract by "Contractor". "Contractor" shall provide necessary worker's compensation insurance at "Contractor's" own cost and expense. 10. "Contractor" may not assign or transfer this agreement, any interest therein or claim thereunder without the prior written approval of Weld". 11. Payment to "Contractor" will be made only upon presentation of proper claim by "Contractor" subject to the approval of 'Weld" that services have been performed. 12. 'Weld" shall have access to "Contractor's"financial records for purposes of audit. Such records shall be complete and available for audit 90 days after final payment hereunder and shall be retained and available for audit purposes for two years after final payment hereunder. 13. "Weld" may terminate this agreement at any time by giving "Contractor" a ten-day written notice of such sooner termination and may be terminated at any time without notice upon a material breach of the terms of this agreement by "Contractor". 14. No alteration or variation of the terms of this agreement shall be valid unless made in writing and signed by the parties hereto. 15. "Contractor" assures that it will comply with all Federal and State laws including, but not limited to, Title VI of the Civil Rights Act of 1964, and that no person shall, on the grounds of race, color, creed, sex or national origin, be excluded from participation in, or be denied the benefits of, or otherwise be subjected to discrimination under this agreement. 16. Any equipment acquired from funds covered by this contract shall remain the property of "Weld", but "Contractor" shall have full use of the equipment for so long as "Contractor" continues to function at its current capacity in Weld County, Colorado. 17. Contractor certifies that it shall comply with the provisions of Section 8-17.5-101, et seq., C.R.S. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this FI0062 MEMORANDUM OF AGREEMENT - PROMISES FOR CHILDREN PAGE 3 Contract. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of Section 8-17.5-102(2)(b), C.R.S. Contractor shall comply with all reasonable requests made in the course of an investigation under Section 8-17.5-102, C.R.S., by the Colorado Department of Labor and Employment. If Contractor fails to comply with any requirement of this provision or Section 8-17.5-101, et seq., C.R.S., Weld County may terminate this Contract for breach and Contractor shall be liable for actual and consequential damages to Contractor. Except where exempted by federal law and except as provided in Section 24- 76.5-103(3), C.R.S., if Contractor receives federal or state funds under this 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 Section 24-76.5-103(4), C.R.S., if such individual applies for public benefits provided under this 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 Section 24-76.5-101, et seq., C.R.S., and (c) shall produce one of the forms of identification required by Section 24-76.5-103, C.R.S., prior to the effective date of this Contract. IN WITNESS WHEREOF, the parties above named have executed this agreement on the 14th day of December, A.D., 2015. ATTES ' d `e- '41 BOARD OF COUNTY COMMISSIONERS Weld ou Clerk to the oard WE D COUNTY, CO ORADO BY: Deputy CI k t the Bo arbara Kirkmeyer, Chair 1 4 2015 APPRRD AS T;FUNDING: AP OVE S T SU STANCE: 12 � Controller / ,''` � !� a Elected Official or Department Head APPROVED AS TO FOR till • County Attorney '��' �►' 4 EMI' PROMISES FOR S HILD" N B' ca- 'i6- eQ (1) FI0062 Hello