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HomeMy WebLinkAbout20070624.tiff RESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR SERVICE BY THE WELD COUNTY YOUTH CONSERVATION CORPS 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 the Weld County Youth Conservation Corps 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, Employment Services of Weld County, and the City of Greeley, commencing January 1, 2007, and ending December 31, 2007, 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 Intergovernmental Agreement for Service by the Weld County Youth Conservation Corps 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, Employment Services of Weld County, 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 12th day of March, A.D., 2007, nunc pro tunc January 1, 2007. BOARD OF COUNTY COMMISSIONERS WEOU TY, COLQRADO �,_o/ �� ATTEST: C3 avid E. Long, Chair Weld County Clerk to the CUSED ; a y illiarr �l. Jetke, Pro-Tem BY: --7 �_. Deputy Clerk to the Boar �� ' � Wi F. Garcia f APP AS TO 6 � Robert D. Masden ounty Attorney 9t✓hd-t/— Douglas ademache Date of signature: 3//9/G� 2007-0624 SL 3 c HR0078 , f1 �� 03 1-07 MEMORANDUM c,it( DATE: March 6, 2007 Wi`D' TO: David E. Long, Chair, Board of Commissioners C FROM: Walter J. Speckman, Executive Director /N COLORADO SUBJECT: Inter-Governmental Agreement between Employment Services of Weld County and the City of Greeley regarding AmeriCorps Volunteers Enclosed for Board approval is an Inter-Governmental Agreement between the City of Greeley and Employment Services of Weld County for the operation of the Weld County Youth Conservation Corps,AmeriCorps Program. This agreement provides for the AmeriCorps volunteers to be involved in various projects for the City of Greeley and for the City of Greeley to provide cash reimbursement in the amount of$5.00 per service hour. The period of performance is January 1, 2007 through December 31,2007 and will be self renewable for a period of five years (5) after the first year. If you have any questions, please telephone me at 353-3800 ext. 3317. 2007-0624 INTERGOVERNMENTAL AGREEMENT FOR SERVICE BY THE WELD COUNTY YOUTH CONSERVATION CORPS (WCYCC) PROGRAM zf THIS INTERGOVERNMENTAL AGREEMENT is made and entered into this /,_2( — day of /)1E2.'iz fL. , 200 7 , 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 915 10th 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 10th Street, Greeley, Colorado 80631, hereinafter referred to as "Greeley". WHEREAS, the parties hereto have the authority, pursuant to the Colorado Constitution state statutes, and their respective home rule charters,to enter into intergovernmental agreement's for the purpose of providing for the general health, safety, and welfare of their respective citizens; 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, 2007 through December 31, 2007; 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 full force and effect from January 1, 2007,to and until December 31, 2007. 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. s2ee7-e6:74,/ 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: 1) 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 the final annual report for the Greeley City Council. 2. 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. Top 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. 3. 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. 4. NON-ASSIGNMENT: This Intergovernmental Agreement shall not be assignable. 5. 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. 6. 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. 7. 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 OF WELD, ON BEHALF OF WELD COUNTY DEPARTMENT OF �� '>HUMAN SERVICES FOR WELD COUNTY en-`t ;''YOUTH CONSERVATION CORPS F a 1861 pes, 1. °� r r, By: Deput lerk of 'e Board j Chair, Board of Count Commissioners of We County MAR 1 2 2007 Approved as to Form: Approved as to Substance: • le l �j� eckman, Director, e oun �1�f DBruce Balrker, (,bUnty AttAriorn W P y —� D artment of Human Services Approved as to Substance: Ted Long, Director WCYCC • ATTEST: CITY OF GREELEY, COLORAOD Betsy Ho er, City Inlerk Thomas E. Selders, Mayor Approved a east to Form: Approved as to Su.stan. \ 1 ' ilk/ dig Rick Brady, City Attorney R. Ott%-, M ty _er Approved as to Finance: Tim Nash, Director Hance THE CITY OF GREELEY,COLORADO RESOLUTION 15,2007 A RESOLUTION AUTHORIZING THE CITY OF GREELEY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT TO CONTRACT WITH THE COUNTY OF WELD FOR SERVICES BY WELD COUNTY YOUTH CONSERVATION CORPS(WCYCC)PROGRAM WHEREAS,the City of Greeley and the County of Weld,by and through the Board of County Commissioners, desire to enter into an Intergovernmental Agreement for the purpose of arranging for the participation of the WCYCC Program volunteers; and WHEREAS, it is in the best interests of the citizens of the City of Greeley to enter into the agreement with the County to provide the County and WCYCC Program a volunteer schedule of projects for the WCYCC Program volunteers to work on; and WHEREAS, the City of Greeley will provide all supplies and materials needed to complete the projects;and WHEREAS, the City of Greeley will provide training in the operation of equipment necessary to complete the projects; and WHEREAS,the City of Greeley to provide the County with a cash reimbursement of$5.00 per hour for the hours of WCYCC program volunteer services;and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GREELEY,COLORADO: Section 1.The Mayor of the City of Greeley,Colorado,is authorized to execute the Intergovernmental Agreement for the purpose of arranging for the participation of the WCYCC Program volunteers in said program. A copy of said agreement is attached hereto and incorporated herein as Exhibit"A". Section 2. This Resolution shall be effective immediately. PASSED AND ADOPTED, SIGNED AND APPROVED THIS 20th day of March,2007. • ATTEST: THE CITY OF GREELEY,COLORADO A .ELI) City Cler Thomas E. Selders,Mayor Hello