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HomeMy WebLinkAbout20010485.tiff RESOLUTION RE: APPROVE AGREEMENT FOR PROFESSIONAL CONSULTATION/TRAINING FOR WELD COUNTY JUVENILE DIVERSION PROGRAM AND AUTHORIZE CHAIR TO SIGN - MARGOT NACEY 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 Agreement for Professional Consultation/Training for the Weld County Juvenile Diversion Program between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the District Attorney of the 19th Judicial District, and Margot Nacey, 1802 16th Street#4, Greeley, Colorado 80631, commencing February 21, 2001, and ending December 31, 2001, 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 Professional Consultation/Training for the Weld County Juvenile Diversion Program between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the District Attorney of the 19th Judicial District, and Margot Nacey, 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 21st day of February, A.D., 2001. BOARD OF COUNTY COMMISSIONERS WELD CO TY, COLORADO ATTEST: A. Q I / it E&C � 771/ &ec 7 M. J. Geile, Chair Weld County Clerk to th r Q,: EXCUSED DATE OF SIGNING (AYE) �O t ,p � Glenn Vaad, Pro-Tem BY: Deputy Clerk to the Boar -1--1 ?)(/�i� Willk AP C.ED AS ,` ORM: �� C. David E. ong UUU unty ey � Robert D. Masden 2001-0485 DA0016 AGREEMENT FOR PROFESSIONAL CONSULTATION/TRAINING FOR WELD COUNTY JUVENILE DIVERSION PROGRAM THIS AGREEMENT is made and entered into this 21st day of February, 2001, nunc pro tune, January 1, 2001, by and between the County of Weld, State of Colorado, by and through the District Attorney of the 19th Judicial District, by and on behalf of the Juvenile Diversion Program, whose address is 915 Tenth Street, Greeley, Colorado 80631, hereinafter referred to as "Juvenile Diversion Program", and Margot Nacey whose address is 1802 16th Street, #4, Greeley, Colorado 80631, hereinafter referred to as "Supervisor", (Ed. D., Licensed Clinical Psychologist). WITNESSETH: WHEREAS,the Juvenile Diversion Program provides counseling-type services to juveniles who are in trouble with the law, and WHEREAS, Juvenile Diversion is in need of supervision/training by a Licensed Clinical Psychologist to assist the Juvenile Diversion Program in providing counseling-type services to juveniles, and WHEREAS, Supervisor has time available to devote to such work at the hourly rate which is set forth below. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. TERM: The term of this Agreement shall be from February , 2001, through and until December 31, 2001. 2. SERVICES PROVIDED BY PHYSICIAN: Supervisor agrees to provide one 60-minute session per month for supervision and training to the counselors involved in the Juvenile Diversion Program. 3. COMPENSATION: Juvenile Diversion agrees to pay Supervisor for all service performed hereunder at the rate of$100.00 per hour. Supervisor agrees to bill Juvenile Diversion for all such services on a monthly basis. The parties agree that the hourly compensation as contemplated herein shall constitute the entire amount of compensation due to Supervisor for any work performed hereunder. Supervisor shall not be entitled to the payment of any additional expenses, including, but not limited to, travel expenses, overhead, and daily expenses. The cap for the amount of money which may be spent by Juvenile Diversion in 2001 for Dr.Nacey's professional services shall be $1,000.00. 4. INDEPENDENT CONTRACTOR: Supervisor agrees that she is an independent contractor and she will not become an employee of the District Attorney, nor is she entitled to any employee benefits as a District Attorney, Juvenile Diversion employee as a result of the execution of this Agreement. Page 1 of 4 �do�or-oc/YS 1 �F\0O IIn 5. INDEMNIFICATION: Supervisor shall indemnify District Attorney, Juvenile Diversion Program, its officers and employees, against liability for injury or damage caused by any negligent act or omission by Supervisor in the performance of this Agreement and shall hold the District Attorney harmless from any loss occasioned as a result of the performance of this Agreement. 6. NON-ASSIGNMENT: Supervisor may not assign or transfer this Agreement, any interest therein or claim thereunder, without the prior written approval of the District Attorney. 7. ACCESS TO RECORDS: District Attorney shall have access to Supervisor's financial records for the purposes of audit. Such records shall be complete and available for audit 90 days after final payment hereunder and shall be retained and available for audit purposes for at least five years after final payment hereunder. 8. TERMINATION: Either party may terminate this Agreement at any time by providing the other party with a 10-day written notice thereof. Furthermore,this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. 9. TIME OF THE ESSENCE: Time is of the essence in each and all of the provisions of this Agreement. 10. ENTIRE AGREEMENT/MODIFICATIONS: This Agreement constitutes the entire understanding between the parties with respect to the promises and covenants made therein. No modification of the terms of this Agreement shall be valid unless made in writing and agreed to by both parties. 11. NON-APPROPRIATION: No portion of this Agreement shall be deemed to create an obligation on the part of the District Attorney to expend funds not otherwise appropriated in each succeeding year. 12. WAIVER OF IMMUNITIES/THIRD PARTY LIABILITY: No portion of this Agreement shall be deemed to constitute a waiver of any immunities of the District Attorney or its officers or employees may possess, nor shall any portion of this Agreement be deemed to have created a duty of care with respect to any persons other than the District Attorney and not a party to this Agreement. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this 21st day of February, 2001, nunc pro tunc, January 1, 2001. DISTRICT ATTORNEY 19TH JUDICIAL DISTRICT O.440 A.M. Dom' guez, Jr. Date Page 2 of 4 SUBSCRIBED AND SWORN to before me this / f ay of /'Etgf'wer, 2001. WITNESS my hand and official seal. iall MY. COMMISSION EXPIRES 06/22/2003 - ra a LINDA K. WURTS ary blic 915 10TH ST.•GREELEY, CO 80631 My commission expires: SUPERVISOR(CLINICAL PSYCHOLOGIST) Cam, /1 I P n # /�/� 02./i hoc / Margot N ce , rd. D., Licensed linical Date Psychologist SUBSCRIBED AND SWORN to before me this/ y'day of F2,,50t'A9y, 2001 WITNESS my hand and official seal. No ary ublic My commission expires: M.Y. COMMISSION EXPIRES 06/22/2003 LINDA K. WURTS 915 10TH ST.•GREELEY, CO 80631 M:\WPFILES\AGREE\Juvdiv.wpd Page 3 of 4 COUNTY OF WELD, STATE OF COLORADO STANDARD AGREEMENT THIS AGREEMENT, made and entered into this 21st day of February, 2001, nunc pro tune January 1, 2001, by and between the COUNTY OF WELD, State of Colorado, hereinafter called the County, and Dr. Margot Nacey, hereinafter called the Supervisor. WITNESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulations of the County hereinafter expressed, does hereby agree to furnish to the County services and materials, as follows, and/or as described on exhibits attached to and incorporated herein. (Set forth service to be rendered by Contractor, County Department receiving service, Supervisor's qualifications, and additional provisions incorporated.) *See attached contract agreement. CONTRACT PERIOD will be from February, 2001 through December 31, 2001. COMPENSATION: County agrees to pay Supervisor for services performed hereunder at a rate of$100.00 per hour. The total amount paid by County to Contractor under this Agreement shall not exceed the sum of $1,000.00. ADDITIONAL PROVISIONS set forth on the reserve side hereof constitute a part of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CO OF WELD SUPERVISOR By: By: 17 f (of . M.J. le, Chair (02/21/2001) Mar otNacey, Ed. D icen4? Board of County Commissioners Clinical Psychologist � !GL �` Supervisorto Juvenile Diversion WEST; <j � �" Program WKLD COUNTY CL RK TO �i' ^.� . ' 1802 16"' Street,#4 Greeley, CO 80631 bEPUI`t CLcrtK TO ir1E Nge 4 of 4 Hello