HomeMy WebLinkAbout20043365.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR SERVICES UNDER FEDERAL GRANT 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,the Board has been presented with an Agreement for Services Under Federal
Grant between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Sheriff's Office, and the Colorado Division of
Criminal Justice, Nineteenth Judicial District Probation Department, commencing October 1,2004
and ending September 30, 2005, 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 Agreement for Services Under Federal Grant between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on
behalf of the Sheriff's Office, and the Colorado Division of Criminal Justice, Nineteenth Judicial
District Probation Department, 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 22nd day of November, A.D., 2004, nunc pro tunc October 1, 2004.
BOARD OF COUNTY COMMISSIONERS
WE D COUN Y, COLORADO
li" �( Robert D. Masden, Chair
1861N, iti,„)_
” te'ta� Clerk to the Board
William He, Pro-Tem
� D puty Clerk to the Board BCC
M.
APPROVED AS TO FOR
EXCUSED
David E. Long
untyAttom y 4444--"`g--/
Glenn Vaad
Date of signature: to ` /
2004-3365
eziera€a t AteettLAt /% 4/ SO0025
WELD COUNTY, COLORADO
AGREEMENT FOR SERVICES
UNDER FEDERAL GRANT
The Parties to this Agreement are WELD COUNTY, COLORADO (herein"COUNTY")
and the COLORADO JUDICIAL DEPARTMENT by and through the NINETEENTH
JUDICIAL DISTRICT PROBATION DEPARTMENT (herein"DISTRICT"). The
COUNTY and the DISTRICT may be referred to herein as the "Parties."
WHEREAS, the Colorado Division of Criminal Justice (herein "DCJ") has received an
award of Juvenile Accountability Incentive Block Grant (herein "JAIBG") funds from the
Federal Office of Juvenile Justice and Delinquency Prevention of the Federal Department
of Justice, being Award No. 2003-JB-BX-0027; AND
WHEREAS, the COUNTY has applied for and received from DCJ an award of funds
(herein "Subgrant") from the above described JAIBG Award, identified as DCJ Grant
No. 23-JB-L-19-13, for the period from 10/01/04 to 09/30/05 in support of the
COUNTY'S project entitled"Juvenile Accountability Incentive Block Grant: Weld
County"; AND
WHEREAS, the said Subgrant provides support for the operation of a collaborative
community coalition entitled the Weld County Criminal Justice Advisory Board under
which cooperating agencies seek to facilitate, review, coordinate and plan for continuous
improvement of the Weld County criminal justice system; AND
WHEREAS, the DISTRICT, as one of the collaborating agencies named in the said
Subgrant, is authorized to receive a portion of the Subgrant funds in order to carry out
certain duties related to the DISTRICT'S "Female Offender Program" as described in the
COUNTY'S grant application materials; AND
WHEREAS, the COUNTY and the DISTRICT desire to enter into an agreement under
which the DISTRICT will provide program services, and the COUNTY will reimburse
the DISTRICT from JAIBG funds for the cost of providing those services.
NOW THEREFORE, in consideration of their mutual promises and for their mutual
benefit, the COUNTY and the DISTRICT agree as follows:
1. TERM OF THE AGREEMENT.
Subject to termination as provided herein and notwithstanding the date of execution of
this Agreement, the term of this Agreement shall be from October 1, 2004 through
September 30, 2005.
2. DUTIES OF THE DISTRICT.
a. Statement of Work. The DISTRICT shall provide services as described in the
the COUNTY'S application for JAIBG funding to further the DISTRICT'S
Female Offender Program ("Program"), the primary purpose being to reduce
recidivism and hold juvenile female offenders accountable by using a gender
specific program, which provides intensive supervision, increased access to
resources and groups to enhance accountability.
b. Drug Testing (Urinalysis). The DISTRICT shall be responsible for
providing for drug testing (urinalysis) as required by the Subgrant documents.
c. Private Contractor. The DISTRICT shall provide the treatment
services required by the JAIBG grant documents, through a contract with a
private service provider, Hawk II Systems, LLC, to run weekly groups, prepare
initial assessments for identified juvenile female offenders, participate in weekly
home visits and case staffings with the Program's probation officer, and perform a
variety of additional services as may be needed for the program. The said private
provider shall be an independent contractor, and not an employee of the
DISTRICT, and therefore shall not look to the DISTRICT for any employment-
related matters including but not limited to, the payment of salary and the
provision of benefits, the withholding and payment of all payroll taxes and
deductions, the provision of unemployment insurance and workers'
compensation insurance, and the application of rules of employment.
d. Invoices and Reports. The DISTRICT shall submit to the COUNTY
quarterly invoices for services provided under this Agreement, as well as
quarterly reports and a final report, including a "Financial Report," a
"Professional Services/Consultant Certification Form" and a Narrative Report."
The said quarterly invoices and reports shall be due no later than the 9th of the
month immediately following the end of each quarter throughout the contract
term (i.e., January 9, April 9, July 9, and October 9, with the final report due on
October 9, 2004. Failure to submit quarterly reports may result in withholding of
funds and/or contract termination.
e. Approved Expenditures. The DISTRICT agrees that all funds received
under this Agreement shall be expended solely for the purposes stated in this
Agreement, and in the Subgrant documents. Any funds not so expended shall be
repaid to the COUNTY.
f Records. The DISTRICT shall make available to the COUNTY or to its
authorized designee, upon reasonable request and at reasonable times, all records
and other information relative to the implementation of this Agreement, except
that records and information for which the DISTRICT owes a duty of
confidentiality shall not be disclosed.
Weld County-19thDistProbation-FemaleOffendersJAIBG 9-30-04 to 10-01-05 2
3. DUTIES OF THE COUNTY. The COUNTY shall compensate the DISTRICT
for services performed under this Agreement at a total fee of$23,722, of which $23,022
will be used to pay for the services of HawkII Systems LLC, and $700 will be used to
pay for baseline and confirmation drug testing. The COUNTY shall make quarterly
payments to the DISTRICT within thirty(30) days after receipt and approval of invoices.
The disbursement of funds from the COUNTY shall be contingent upon the receipt of
said funds by the COUNTY from DCJ.
4. TERMINATION. Non-compliance with any portion of this Agreement may
result in termination of the Agreement, withholding of funds, returning money to the
COUNTY, and/or other action deemed necessary by the COUNTY.
5. CONFIDENTIALITY. In the event that the COUNTY obtains access to any
records or files of the DISTRICT in connection with this Agreement, or in connection
with the performance of its obligations under this Agreement, the COUNTY shall keep
such records and information confidential and shall comply with all laws and regulations
concerning the confidentiality of such records to the same extent as such laws and
regulations concerning the confidentiality of such records to the same extent as such laws
and regulations apply to the DISTRICT. The COUNTY shall notify its employees and
agents, if any, that they are subject to the confidentiality requirements as set forth above,
and shall provide each employee or agent with a written explanation of the confidentiality
requirements before the employee or agent is permitted access to confidential data.
6. AMENDMENT. This Agreement may be amended upon written agreement of
the Parties.
7. INSURANCE. The DISTRICT, as a division of the Colorado Judicial
Department is a "Public Entity"within the meaning of the Colorado Governmental
Immunity Act, C.R.S. 24-10-101 et seq, as amended (hereinafter the"Act"), and
therefore its liability for acts and omissions of its employees and agents is limited by the
provisions of the said Act. To the extent required or permitted by the Act, the Judicial
Department, through the state Office of Risk Management, will at all times during the
term of this Agreement maintain such liability insurance, by commercial policy or self-
insurance, as is necessary to meet its liabilities under the said Act.
8. ENTIRE AGREEMENT. This writing constitutes the entire Agreement
between the Parties hereto with respect to the subject matter herein, and shall be binding
upon said Parties, their officers, employees, agents and assigns and shall inure to the
benefit of the respective survivors, heirs, personal representatives, successors and assigns
of said Parties.
9. 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.
Weld County-19thDistProbation-FemaleOffendersJA16G 9-30-04 to 10-01-05 3
10. 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.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement through their
respective lawfully empowered representatives.
WELD COUNTY, COLORADO JUDICIAL DEPARTMENT
COLORADO By and through the 19TH JUDICIAL
DISTRICT PROBATION�D DEPARTMENT
By: 4 (S By: �`� ")�,t^".
te : Robert D. Masden ,Chair Printed: E.(€._ 1C I,£ ill
E 4o . f County Commissioners u z4 / Chi Judge
1861 BY: , GC�s�i/r C'*-�
Q '' Printed: 3EJL2y 6JoM MhLIL
Chief Probation Officer
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Weld County-19thDistProbation-FemaleOffendersJAIBG 9-30-04 to 10-01-05 4
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