HomeMy WebLinkAbout20130717.tiffRESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR SERVICE BY WELD
COUNTY YOUTH CONSERVATION CORPS (WCYCC) PROGRAM AND AUTHORIZE
CHAIR TO SIGN - CITY OF GREELEY
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 Intergovernmental Agreement for
Service by Weld County Youth Conservation Corps (WCYCC) Program between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, by
and through the Board of County Commissioners of Weld County, on behalf of the Department of
Human Services, and the City of Greeley, commencing January 1, 2013, and ending
December 31, 2013, with further terms and conditions being as stated in said Intergovernmental
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 Intergovernmental Agreement for Service by Weld County Youth
Conservation Corps (WCYCC) 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
Human Services, and the City of Greeley 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 18th day of March, A.D., 2013, nunc pro tunc January 1, 2013.
ATTEST:
Weld County Clerk to the Board'�,.,�!
Ile
qty Cleto the
BY:
APP
Attorney
BOARD OF
WELD CO
WiPli'am . Garcia, Chair
UNTY COMMISSIONERS
Y. COLORADO
MAR 2 7 2013
Date of signature:
gla Rademac Pro-Tem
can P. Conway
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2013-0717
HR0084
MEMORANDUM
DATE: March 14, 2013
TO: William F. Garcia, Chair, Board of County Commissioners
FROM: Judy A. Griego, Director Human Se
RE: Intergovernmental Agreement between the Board of County
Commissioners, on behalf of the Weld County Department
of Human Services' Employment Services and the City of Greeley
Enclosed for Board approval is an Intergovernmental Agreement between the Department and the City of
Greeley. This Intergovernmental Agreement was reviewed under the Board's Pass -Around Memorandum
dated February 8, 2013, and approved for placement on the Board's Agenda.
There has been an Intergovernmental Agreement with the City of Greeley for over ten years to allow
WCYCC to work on projects with the City of Greeley.
The proposed agreement, for calendar year 2013, will permit WCYCC to receive up to $10,000 upon
completion of projects as identified by various departments within the City of Greeley.
The term of this Intergovernmental Agreement is January 1, 2013 through December 31, 2013.
If you have additional questions, please contact me at extension 6510.
2013-0717
INTERGOVERNMENTAL AGREEMENT FOR SERVICE BY
THE WELD COUNTY YOUTH CONSERVATION CORPS (WCYCC) PROGRAM
THIS INTERGOVERNMENTAL AGREEMENT is made and entered into this
day of , 2013, by and between the County of Weld, a political subdivision
of the State of Colorado, by an through the Board of County Commissioners of the County of Weld, on
behalf of the Weld County Department of Human Services for the Weld County Youth Conservation
Corps (WCYCC), with offices located at 1150 O Street, P.O. Box 758, Greeley, Colorado 80632,
hereinafter referred to as "County" and the City of Greeley, Colorado, a home rule municipality of the
State of Colorado, with office's located at 1000 10°i Street, Greeley, Colorado 80631, hereinafter
referred to as "Greeley".
WHEREAS, the parties hereto have the authority, pursuant to the Colorado statutes, to enter
into intergovernmental agreements to provide any function, service, or facility lawfully authorized to
each; and
WHEREAS, County has contracted with the Governor's Commission on Community Service
for the administration of an AmeriCorps Program in Weld County; and
WHEREAS, Greeley is in need of staff members to be involved in various projects in the City
of Greeley from January 1, 2013 through December 31, 2013; and
WHEREAS, the parties hereto desire to enter into this Intergovernmental Agreement for the
purpose of arranging for the participation of the Weld County Youth Conservation Corps (WCYCC)
program members in said participation.
NOW, THEREFORE, in consideration of mutual promises and covenants contained herein, the
parties hereto agree to the following:
1. TERM:
This Agreement shall be in force and effect from January 1, 2013, to and until
December 31, 2013. This Agreement shall be self renewable annually for a period of
five (5) years after the first year. After the first year either party may terminate said
Agreement upon written notification to the other party no less than three (3) months
prior to the annual renewal date.
2. COUNTY AGREES:
a. To arrange for the participation of a minimum of eight (8) to a maximum of twelve
(12) WCYCC Program members to be involved in various projects in the City of
Greeley during the term of this Intergovernmental Agreement. The WCYCC Program
members shall complete agreed upon prioritized projects subject to the availability of
Greeley's staff supervision, WCYCC Program members' team schedules, and weather
conditions.
b. To provide transportation for the WCYCC Program members to and from the project
sites.
c. To provide necessary liability and workers compensations insurance to cover the
activities of the WCYCC Program members in the course of completing the work
contemplated by this Intergovernmental Agreement.
d. To arrange for the WCYCC Team Leader to meet a minimum of once per month with
Greeley staff to perform, at a minimum, the following:
I) Receive additional project request from Greeley staff.
2) Review the monthly time line of project requests.
3) Turn in the completed paperwork on completed projects.
4) Review any changes to prioritize projects.
5) Turn in quarterly reports to Greeley staff members.
6) Assist in any final annual report(s) for the Greeley City Council.
3. CITY AGREES:
a. To provide the County and the WCYCC Program members a current schedule of
projects for which Greeley desires to have the WCYCC Program members work on
pursuant to the terms of this Intergovernmental Agreement.
b. To provide all supplies and materials needed to complete the prioritized projects
c. To provide training in the operation of equipment necessary to complete the prioritized
projects.
d. To provide County with a cash reimbursement for hours of WCYCC Program member
services at the rate of $5.00 per service hour. The City has budgeted a total of $10,000
per year in 2013 and 2014. The total budgeted amount may be modified in the future
based on the available budget.
4. INDEPENDENT CONTRACTOR:
The relationship between County and Greeley regarding the WCYCC Program
member services contemplated by this Intergovernmental Agreement is that of independent
contractor. The employees or officers of one party, including the WCYCC Program members,
should not be deemed employees or agents of the other. As an independent contractor, County
and its employees and officers, and the WCYCC Program members shall not be entitled to any
medical, health, pension, retirement, disability, unemployment or worker's compensation or
other insurance coverage, or any other benefit, similar or dissimilar, from Greeley.
5. NON -ASSIGNMENT:
This Intergovernmental Agreement shall not be assignable.
6. MODIFICATION AND BREACH:
This Intergovernmental Agreement contains the entire Agreement and understanding
between the parties hereto and supersedes any other agreements concerning the subject matter
of this transaction, whether oral or written. Modifications, amendments, notations, renewals or
other alterations of or to this Intergovernmental Agreement shall only be deemed valid or of
any force or effect whatsoever if mutually agreed upon in writing by the undersigned parties.
No breach of nay term, provision, or clause of this Agreement shall be deemed waived or
excused, unless such waiver or consent shall be in writing and signed by the party claimed to
have waived or consented. Any consent by any party hereto or waiver of, a breach by any
other party, either expressed or implied, shall not constitute a consent to, waiver of or excess of
any other different or subsequent breach.
7. SEVERABILITY:
If any terms on conditions of this Intergovernmental Agreement shall be held to be
invalid, illegal or unenforceable, this Intergovernmental Agreement shall be construed and
enforced without such provision, to the extent that this Intergovernmental Agreement are then
capable of execution within the original intent of the parties.
8. NO WAIVER OF IMMUNITY:
No portion of this Intergovernmental Agreement shall be deemed to constitute a waiver
of any immunities of the parties or their officers or employees may possess, nor shall any
portion of this Intergovernmental Agreement be deemed to have created a duty of care which
did not previously exist with respect to any person not a party to this Intergovernmental
Agreement.
WHEREFORE, the parties have hereunto set their hands and seals the date and year first
written above.
ATTEST:
County Clerk to the Board
Deputy Clerk i f he Board
ounty Attorney
Approved,as t � ® v ae~ pproved as to Substance:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
William F. Garcia, Chair MAR 1 8 2013
Ju•.y riego, Director
el? Coun - Iepartmep't of Human Services
2 /3 0 9/7
Betsy 1101 r, C ty Clerk
Approved as to Form:
o Marek, City Attorney
Approved as to Availability of Funds:
Lezlie Philp, Director of Finance
CITY OF GRFFLEY, COLORAOD
ithL
Tom Norton, Mayor
Approved as to Substance:
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