HomeMy WebLinkAbout820675.tiff RESOLUTION
RE: APPROVAL OF AGREEMENT BETWEEN WELD COUNTY AND INVESTIGATIVE SERVICES
AGENCY CONCERNING SERVICE OF PROCESS SERVICES AND AUTHORIZATION FOR
CHAIRMAN TO SIGN THE SAME
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 child support enforcement unit of the Weld County Department
of Social Services, in order to perform its function, requires that it
contract with process servers in order to obtain legal service of process
services, and
WHEREAS, an Agreement for service of process services between Weld County
and Investigative Services Agency has been prepared and presented to the Board
of County Commissioners for approval, and
WHEREAS, the term of said Agreement is from January 1, 1983 to
December 31, 1983, and
WHEREAS, the Board, after studying said Agreement, deems it advisable to
approve the same.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County that the Agreement between Weld County and Investigative Services
Agency for service of process services be, and hereby is approved.
BE IT FURTHER RESOLVED by the Board of County Commissioners that the
Chairman of the Board be, and hereby is, authorized to sign the said
Agreement.
The above and foregoing resolution was, on motion duly made and seconded,
adopted by the following vote on the 15th day of December, A.D. , 1982.tir,����''� BOARD OF COUNTY COMMISSIONERS
ATTEST "oT ^ ��� ""'�� WELD COUNTY, COLORADO
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Weld County Clerk and Recorder l' - /zey //.79,,,Z,
and Clerk to the Board .4lpf n��j.Martin,Ch irman
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BY: J�1T- vu_, v, (_-{te{ .,_1,.r_ Chuck Carlson, ro Tem
Deputy County C1erM %.
Approved as to form: Norman Carlson
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4-1^^- //, , c /,
C. ' . Kirby
County Attorney X
K. Stei mark
DATE PRESENTED: December 20, 1982
u20675
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AGREEMENT
THIS AGREEMENT is made and entered into this 20th day of
December 19 82 by and between the BOARD
OF COUNTY COM-
MISSIONERS OF WELD COUNTY, COLORADO, hereinafter referred to as
"Board" and Investigative Services Agency
, hereinafter
referred to as "Process Serving Firm".
IN CONSIDERATION of the mutual covenants and conditions here-
inafter set forth , the parties hereto agree as follows :
1 . Purpose .
The Board , through its Department of Social Services ,
operates a child support enforcement unit , in order to
perform its function , requires that it contract with process
servers in order to obtain legal service of process services .
The purpose of this Agreement is to set forth the mutual
rights and responsibilities of the Board and the Process
Serving Firm regarding service of process by the Process
Serving Firm for said child support
enforcement unit .
2 . Term of Agreement .
This Agreement shall remain in full force and effect from
January 1, 1983 to and until
December 31, 1983
3 . Duties of Process Serving Firm.
Upon the request of Board ' s child suhport enforcement
unit , the Process Serving Firm shall obtain legal service
of process upon individuals who are named as Respondents
or Defendants in child support enforcement actions .
Using information provided by said child support enforce-
ment unit , it shall be the responsibility of the Process
Serving Firm to ascertain that the correct party is heinr
served and said firm hereby agrees that it is responsible
for incorrect service if the information supplied by the
child support enforcement unit is not properly used .
4 . Duties of Board.
The Board, through its child support enforcement unit,
agrees to provide a correct date of birth or age and a
good physical description of the individual to be served
by the Process Serving Firm. The Board shall not be re-
' sponsible for providing any specific number of processes
to be served during the term of this Agreement. This is
not an exclusive Agreement and the Board, at- its option,
may at any time, select one or more individuals or firms
to be process servers for any geographical area.
5. Qualifications of Employees.
The Process Serving Firm agrees to only employ individuals
of good character and specifically agrees that its employees
shall be free of criminal histories and agrees that its
employees shall not be individuals who are being prosecuted
by the child support enforcement office.
6 . Confidentiality.
The Process Serving Firm agrees that information provided
by the child support enforcement unit to the Process Serving
Firm for the purpose of obtaining service shall be considered
confidential information and shall not be revealed to any
third party.
7. Compensation.
Weld County will be divided into three zones for the purpose
of compensation. Zone A shall be within a 5 mile radius of
Greeley. This includes the towns of Evans and LaSalle. A
fee of $20. 00 will be paid for service within this zone. This
zone is described as "A" .
Zone B shall be considered those towns between a 5 and 20 mile
radius of Greeley. Payment for service within Zone B will
be $20. 00 plus a one time - one trip milage allowance of
$5.00 for a total charge of $25. 00. The towns of Johnstown,
Milliken, Eaton and Ault are within this zone.
Zone C shall be those towns in excess o'f a 20 mile radius
of Greeley extending to the county line. Payment for service
within Zone C will be $20. 00 plus a one time - one trip
milage a-lowance of $10 . 00 or a total charge of $30. 00.
Payment in all zones shall be made only if process is
successful and no payment of any kind shall be made if
service is unsuccessful.
8. Additional Provisions.
The parties hereto specifically agree to be bound by
the additional provisions which are attached hereto,
incorperated herein by reference and marked as exhibit "A" .
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement
on the day and year first above written.
BOARD OF COMET COMMISSIONERS
WELD COUNTY, COLORADO
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By:
rtin, Chairmkn
INVESTIGATIVE SERVICES AGENCY
By: ee.� „,..1
Q/
WELD COUNTY DEAPRTMENT OF SOCIAL
SERVICES
E ne McKenna, irector
DEPARTMENT OF SOCIAL SERVICES
STATE OF COLORADO
By:
Ruben Vald z, Ex utiy Director
EXHIBIT "A"
ADDITIONAL INSTRUCTIONS/INFORMATION
It is understood that the Board of County Commissioners reserves the
right to reject any and all proposals, to waive any informalities in the
proposal process, and to accept the proposal that, in the opinion of the
Board, is in the best interest of the Board and of the County of Weld,
State of Colorado.
- The successful firm shall indemnify and hold harmless Weld County against
all claims for royalties, patents, or for suits for infringement thereon,
which may be involved in providing the services requested.
Cost will not be the determining factor. The County reserves the right
to refuse the lowest bid, and select the overall best qualified bidder.
All factors relating to the bid will be carefully weighed.
The proposal shall be sent in a sealed envelope furnished by the Purchasing
Department of Weld County, Colorado_ Six copies of the proposal must be
submitted.
In submitting the proposal , the vendor agrees that the acceptance of any
or all of the bid by the County within a reasonable time or period
constitutes a contract. No delivery of service or payment for service
shall take place unless a contract has first been issued by the Purchasing
Director of Weld County, Colorado, or the Board of County Commissioners.
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Weld County reserves the right to request additional information from
all bidders in the evaluation process if clarification of proposal is
necessary.
Vendor must be willing to agree to the following standard contract
provisions unless specified in writing as an exception in the proposal
submitted.
1 . Contractor agrees that it is an independent contractor and that its
officers and employees do not become employees of County, nor are
they entitled to any employee benefits as County employees as the
result of the execution of this anreement.
2. Contractor shall indemnify County, 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 acents in the
performance of tr:E approved agr22ID'_rit any shall hold. County harmless
fro' an_: loss occasionec as a result of the performance of the
contra_, by Contractor. Tne Contractor sn-1 ` pro`;iee necessary
workman ' s conoensatlo insurance a: Contractor ' s ov:n cost ant
expense.
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3. No officer, member or employee of County and no member or their
governing bodies shall have any pecuniary interest, direct or
indirect, in the approved agreement or the proceeds thereof. No
employee of Contractor nor any member of an employee's family shall
serve on a County board, committee or hold any such position which
either by rule, practice or action nominates, recommends , supervises
Contractor's operations, or authorizes funding of Contractor.
4. Contractor may not assign or transfer the approved agreement, any
interest therein or claim thereunder without the prior written
approval of County.
5. Payment of Contractor will be made only upon presentation of a
proper claim by Contractor subject to the approval of the County
Department or Agency for which the services have been performed.
6. County shall have access to Contractor' s financial records for
purposes of audit. Such records shall be complete and available
for audit ninety (90) days after final payment hereunder and shall
be retained and available for audit purposes for five years after
final payment hereunder.
7. County may terminate the approved agreement at any time by giving
Contractor a ten (10) day written _notice of such sooner termination
and may be terminated at any time without notice upon a material
breach of the terms of the approved agreement by Contractor.
8. Time is of the essence in each and all the provisions of the approved
agreement.
9_ No alteration or variation of the terms of the approved
shall be valid unless made in writing and sianedbyothe parties hereto.
10. Contractor shall not be allowed or paid travel expenses unless set
forth in the approved agreement_
11 . Contractor assures that it will corroly with Title VI of the Civil
Riahts Act of 1964 and that no person shall , on the grounds of
race, creed, color, Sex or national origin be excluded from parti-
cipation in, be denied the benefits of, or be otherwise subjected
to discrimination under the approved agreement.
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