HomeMy WebLinkAbout20032773.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR COMMUNITY CORRECTIONS INMATE INTENSIVE
SUPERVISION PROGRAM SERVICES AND AUTHORIZE CHAIR TO SIGN-THE VILLA
AT 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 Agreement for Community Corrections
Inmate Intensive Supervision Program Services between the County of Weld,State of Colorado,by
and through the Board of County Commissioners of Weld County, on behalf of the Community
Corrections Board,and The Villa at Greeley,commencing July 1,2003,and ending June 30,2004,
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 Community Corrections Inmate Intensive Supervision
Program Services between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County,on behalf of the Community Corrections Board,and The
Villa at 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 6th day of October, A.D., 2003, nunc pro tunc July 1, 2003.
BO D OF COUNTY COMMISSIONERS
W OU NTY, COL AD
ATTEST: L1d
D vid E. 9 , C it
Weld County Clerk to the Board
Robert D. den, Pro-Tem
to the Board
M. J. eile
•
Williar H. Jerke
o tor e
Glenn Vaad
Date of signature: Try
2003-2773
DA0002
1�
AGREEMENT FOR COMMUNITY CORRECTIONS
INMATE INTENSIVE SUPERVISION PROGRAM SERVICES
THIS AGREEMENT is made and entered into this_day of July,2003, by and between the
County of Weld, 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,whose address is 915 10th Street,
Greeley,Colorado 80631, hereinafter referred to as"County,"and The Villa at Greeley, Inc.,dba,The
Restitution Center,whose address is 555 18th Street, Greeley,Colorado, 80631, hereinafter referred to as
"The Villa."
WITNESSETH:
WHEREAS,the County has entered into a contract renewal (Option Letter 04CAA00008)with the
State of Colorado Department of Corrections to provide inmate intensive supervision program services, a
copy of which is attached hereto and referred to herein as Exhibit"1", and
WHEREAS,the County is in need of professional services for said program and the Villa has the
staff and facilities necessary to provide such services, and
WHEREAS,the parties hereto now desire to enter into this Agreement for the purpose of setting
forth the relative duties and responsibilities of the parties with respect to services to be provided by The Villa
for the inmate intensive supervision program.
NOW,THEREFORE, in consideration of the mutual promises and covenants contained herein,
the parties hereto agree as follows:
1. TERM: This Agreement shall be effective for the term beginning July 1,2003,and ending
June 30,2004, unless sooner terminated by either of the parties hereto pursuant to the
termination procedures contained in Section 5., below.
2. SCOPE OF SERVICES: Services shall be provided by The Villa to designated Department
of Corrections inmates,with such services being described in Exhibit"1."The Villa agrees
to provide such services in compliance with all of the terms, conditions, and requirements
stated in Exhibit"1."
3. PAYMENT FOR SERVICES: Payment for services rendered by The Villa pursuant to this
Agreement shall be in accordance with the payment provisions set forth in Section I.,A. of
Exhibit"1." The Villa shall submit an itemized monthly bill to the County's Community
Corrections Board Administrative Coordinator for all services provided pursuant to this
Agreement. Said bill shall be submitted no later than the 15th day of the month following
the month in which the services were provided. Failure to submit monthly billings in
accordance with the terms of this Agreement may result in The Villa's forfeiture of all rights
of being reimbursed for such services. Payment of all services performed pursuant to this
Agreement is expressly contingent upon the availability of funds referred to in Exhibit"1."
The County shall not be billed for, and reimbursement shall not be made for,time involved
in activities outside of those defined in Exhibit"1". Such billing from all vendors shall not
exceed a total of$100,000 for the term from July 1,2003 to June 30, 2004.
4. COMPLIANCE WITH CONTRACT REQUIREMENTS: The Villa agrees to comply with all
requirements of the"Contractor"stated in Exhibit"1", as if The Villa was standing in the
place of the"Contractor,"including, but not limited to,the requirements set forth in
Sections 2. ("The Contractor Shall") and 3. (Mutual Provisions),the Section entitled:
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2003-2773
"Special Provisions", and the Exhibits attached thereto.
5. TERMINATION:This Agreement may be terminated by either party as follows:
a. Termination for default of performance: In the event either party defaults in the
performance of its duties and responsibilities set forth in this Agreement,the other
party shall notify the defaulting party of such default in writing at the addresses
described in Section 9., below. The defaulting party shall then have 20 days in
which to cure such default. In the event the default is not cured,the non-defaulting
party may then consider this Agreement to be terminated with no further notice
being necessary.
b. Termination for reasons other than default: Either party hereto may terminate this
Agreement upon providing written notice to the other party at the address set forth
in Section 9., below, at least thirty(30)days prior to the intended date of
termination.
6. INSURANCE: The Villa shall provide to the County proof of liability insurance maintained
at all times during the term of this Agreement in the amount of$150,000 per person,
$600,000 per occurrence, naming the County and its employees and agents as Additional
Named Insured. The Villa shall also provide to the County proof of worker's compensation
and unemployment compensation insurance as required by the provisions of Section 13.,
below.
7. MODIFICATION OF AGREEMENT:All modifications to this Agreement shall be in writing
and signed by both parties.
8. ENTIRE AGREEMENT/NO THIRD PARTY BENEFICIARY: This Agreement
contains the entire Agreement and understanding between the parties to this Agreement
and supersedes any other Agreements concerning the subject matter of this transaction,
whether oral or written. 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 contained 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 deemed an incidental beneficiary only.
9. NOTICE: All notices required to be given by the parties hereunder shall be given by
certified or registered mail by the individuals at the address as set forth below. Either party
may from time to time designate in writing a substitute person(s) or addressed to whom
such notices shall be sent:
County: Jan Alison Zuber,Community Corrections Administrative Coordinator,
915 10th Street, Greeley, Colorado, 80631.
The Villa at Greeley: Donna Haynes,Administrator, 1750 6th Avenue, Greeley,
Colorado,80631.
10. ASSIGNMENT: Neither this Agreement nor the rights or obligations hereunder shall be
assignable without the prior written consent of both parties.
11. CONTROLLING LAW:This Agreement shall be construed and enforced in accordance
with the laws of the State of Colorado.
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12. NO WAIVER OF IMMUNITY: No portion of this Agreement shall be deemed to constitute a
waiver of any immunities the parties of their officers or employees may posses, nor shall
any portion of this Agreement be deemed to have created a duty of care that did not
previously exists with respect to any person not a party to this Agreement.
13. INDEPENDENT CONTRACTOR:The Villa shall perform the services
hereunder and the requirements set forth in Exhibit"1"as an independent contractor.
Neither The Villa nor any agent or employee of The Villa shall be deemed an agent or
employee of the County or of the State of Colorado. The Villa shall pay when due all
required employment taxes and income tax and local head tax on any monies paid
pursuant to this Agreement. The Villa acknowledges that The Villa and its employees are
not entitled to worker's or unemployment insurance benefits unless The Villa or a third
party provides such coverage and that the County does not pay for or otherwise provide
such coverage. The Villa shall have no authorization, express or implied,to bind the
County to any agreement, liability, or understanding except as expressly set forth herein.
The Villa shall provide and keep in force worker's compensation and unemployment
insurance(and show to the County proof of such insurance) in the amounts required by
law, and shall be solely responsible for the acts of The Villa, it employees and agents.
14. SEVERABILITY: If any provision of this Agreement should be held to be invalid,illegal, or
unenforceable for any reason,the validity, legality, and enforceability of the remaining
provisions shall not in any way be affected or impaired thereby.
1N WITNESS WHEREOF,the parties hereunto have executed this Contract on the day first
above written.
Contractor: Board:
at( The Vill t Greeley Board of C unty Commissioners
idfr So m rrectionsAS ems,r.. Weld Cou olor do ('
By: /UAW By: \
ames Saffle, Pre dent David E. Long, Chair OCT 0 6 2003
84-1- 809 Review approv
Federal I.D.#
By:
Thomas uammen,Chair
Weld nity Corrections Board
717 • SHARON
SUBSCRIBED AND SWORN to before me this h da f 44ASAi,- ,200
WITNESS my hand and official seal. "•. Q,%'/
OF COL1-
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