HomeMy WebLinkAbout20051909.tiff RESOLUTION
RE: APPROVE CORRECTIONAL PROGRAM ASSESSMENT CONTRACT AND AUTHORIZE
CHAIR TO SIGN - UNIVERSITY OF CINCINNATI
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 Correctional Program Assessment
Contract between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Weld County Community Corrections Board,and
the University of Cincinnati, commencing June 7, 2005, and ending December 31, 2005, with
further terms and conditions being as stated in said contract, and
WHEREAS, after review,the Board deems it advisable to approve said contract, 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 Correctional Program Assessment Contract between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on
behalf of the Weld County Community Corrections Board, and the University of Cincinnati be, and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said contract.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 6th day of July, A.D., 2005, nunc pro tunc June 7, 2005.
BOARD OF COUNTY COMMISSIONERS
L® WELD COUNTY, COLORADO
1861 William H. rke, Chair
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Date of signature: 7-14 t0s
2005-1909
DA0002
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NINETEENTH JUDICIAL DISTRICT
WELD COUNTY COMMUNITY CORRECTIONS BOARD
MEMO
DATE: June 30, 2005
TO: Board of County Commissioners
FROM: Jan Zuber, Administrative Coordinato1 ^/‘
SUBJECT: Contract with University of Cincinnati
The Weld County Community Corrections Board would like to contract with the
University of Cincinnati to perform a Correctional Program Assessment Inventory
Audit. The audit will be of the Residential Treatment Center and The Restitution
Center. This audit will determine if the services performed by the facilities are
meeting the needs of the client.
The University asks the sponsor to initially sign the contracts and return them,
before they will officially schedule the audit. Attached to this memo are the 2
original contracts.
I respectfully request the Board of Commissioners consider this contract and
approve for signature by the Chairman at the July 6, 2005 board meeting.
2005-1909
Correctional Program Assessment Contract
THIS ASSESSMENT CONTRACT made and effective as of the date indicated by the
period of performance (herein the "Effective Date") by the COUNTY OF WELD, a political
subdivision of the State of Colorado, by and through the Board of County Commissioners of
the County of Weld, on behalf of the Weld County Community Corrections Board, (herein
"Sponsor)" having its principal office at P.O. Box 758, 915 10th Street, Greeley, CO 80632,
and the UNIVERSITY OF CINCINNATI, On Behalf of the Corrections Institute (herein "UC)"
having an office at 508 Dyer Hall Cincinnati, Ohio 45221-0389.
NOW, THEREFORE, the parties hereto agree as follows:
1. STATEMENT OF WORK. UC agrees to use its reasonable efforts to perform the
correctional program assessment(s) (herein the "Program Assessment") as set forth in
Exhibit A.
2. PERIOD OF PERFORMANCE. The assessment(s) shall be conducted during the
period beginning on June 7, 2005 (herein "the Effective Date") and ending on
December 31, 2005 (herein the "Termination Date)" and will be subject to renewal only
by mutual agreement of the parties.
3. REIMBURSEMENT OF COSTS. In consideration of the foregoing, the Sponsor agrees
to support the program assessment(s) set forth in Exhibit A, by paying the fixed price
amount of $11,800, which price includes all direct and indirect costs consistent with
UC's policy for the conduct of this program assessment effort.
4. PAYMENT. Payments shall be made to UC by the Sponsor in U.S. dollars, with one-
half of said $11,800 fixed price being due and payable within thirty (30) days after
execution of this Agreement by both parties, and the remainder being due and payable
upon completion of the program assessment(s) set forth in Exhibit A.
6. EARLY TERMINATION.
A. Should UC breach this Agreement or become unable to perform hereunder,
Sponsor shall have the right to terminate this Agreement. Sponsor shall notify
UC of its intention to do so, and termination shall become effective thirty (30)
days thereafter if UC is unable to cure the breach or rectify the problem.
B. Failure of Sponsor to pay any amount required hereunder upon the dates such
amounts are due shall be cause for UC to terminate this Agreement. UC shall
notify Sponsor of its intention to do so, and termination shall become effective
thirty (30) days thereafter if Sponsor has not made such payment in full.
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C. Termination under this Article 6 does not relieve Sponsor of the obligation to
reimburse all costs and non-cancelable commitments incurred in the
performance of the Research Program prior to termination, such reimbursement
not to exceed the total project cost as specified in Exhibit A.
7. NOTICES. Any notices required to be given or which shall be given under this
Agreement shall be in writing delivered by first class mail (air mail if not domestic)
addressed to the parties as follows:
UNIVERSITY OF CINCINNATI SPONSOR
Board of County Commissioners
John Schwartz Weld County, Colorado, on behalf of
The Corrections Institute Weld County Comm. Corr. Board
PO Box 210389 P.O. Box 758
Cincinnati, OH 45221-0389 Greeley, CO 80632
In the event notices, statements, and payments required under this Agreement are sent
by certified or registered mail by one party to the other party at its above address, they shall
be deemed to have been given or made as of the date so mailed, otherwise as of the date
received.
8. ASSIGNMENT. This Agreement shall be binding upon and shall inure to the benefit of
the parties hereto and the successors to substantially the entire business and assets of
the respective parties hereto. This Agreement shall not be assignable by either party
without the prior written consent of the other party.
9. GOVERNING LAW. The validity and interpretation of this Agreement and the legal
relation of the parties to it shall be governed by the laws of the State of Colorado and
the United States.
10. GOVERNING LANGUAGE. In the event that a translation of this agreement is
prepared and signed by the parties for the convenience of the sponsor, this English
language version shall be the official version and shall govern if there is a conflict
between the two.
11. FORCE MAJEURE. UC shall not be responsible to the Sponsor for failure to perform
any of the obligations imposed by this agreement, provided such failure shall be
occasioned by fire, flood, explosion, lightning, windstorm, earthquake, subsidence of
soil, failure or destruction, in whole or in part, of machinery or equipment or failure of
supply of materials, discontinuity in the supply of power, governmental interference,
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civil commotion, riot, war, strikes, labor disturbance. transportation difficulties, labor
shortage, or any cause beyond the reasonable control of UC.
12. WARRANTY DISCLAIMER. Nothing in this Agreement shall be construed as a
warranty or representation that anything made, used, sold or otherwise disposed of
under any license that may be granted is or will be free from infringement of patents,
copyrights and trademarks of third parties; an obligation to bring or prosecute actions
or suits against third parties for infringement; conferring rights to use in advertising,
publicity or otherwise any trademark or the name of UC. Except as expressly set forth
in this Agreement, UC MAKES NO REPRESENTATIONS AND EXTENDS NO
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THERE ARE NO
EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, OR THAT THE USE OF THE LICENSED PRODUCT WILL
NOT INFRINGE ANY PATENT, COPYRIGHT OR TRADEMARK OR OTHER RIGHTS.
13. ENTIRE AGREEMENT. Unless otherwise specified, this Agreement embodies the
entire understanding between UC and the Sponsor for this project, and any prior or
contemporaneous representations, either oral or written, are hereby superseded. No
amendments or changes to this Agreement, including without limitation, changes in the
statement of work, total cost, and period of performance, shall be effective unless made
in writing and signed by authorized representatives of the parties.
14. NO WAIVER OF IMMUNITY. No portion of this Agreement shall be deemed to
constitute a waiver of any immunities the parties or their officers or employees may
possess, nor shall any portion of this 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
Agreement.
15. NO THIRD PARTY BENEFICIARY ENFORCEMENT. It is expressly understood and
agreed that the enforcement of the terms and conditions of this Agreement, and all
rights of action relating to such enforcement, shall be strictly reserved to the
undersigned parties and nothing in this Agreement shall give or allow any claim or right
of action whatsoever by any other person not included in this Agreement. It is the
express intention of the undersigned parties that any entity other than the undersigned
parties receiving services or benefits under this Agreement shall be an incidental
beneficiary only.
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By signature below of duplicate originals, Sponsor and UC hereby agree to this Training
Agreement as of the Effective Date.
UNIVERSITY OF CINCI NATI SPONSOR
Byfre '5 '` � By —,
William
H. Jerke
Title 'Arm. k Title Chairman
Date 674//or Date July 6, 2005
Exhibit A
Program Assessment(s)
• Conduct a CPAI on Two programs
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Weld County Clerk to the Board I ,a. 00).
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