HomeMy WebLinkAbout20001572.tiff RESOLUTION
RE:: APPROVE AGREEMENT FOR NON-RESIDENTIAL INTENSIVE SUPERVISION
SERVICES AND AUTHORIZE CHAIR TO SIGN -THE VILLA AT GREELEY, INC.
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 Non-Residential
Intensive Supervision Services 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 Villa at Greeley, Inc., commencing July 1, 2000, and ending
June 30, 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 Non-Residential Intensive Supervision Services
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 Villa at Greeley, Inc., 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 28th day of June, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
ATTEST: LWELD COUNTY, COLORADO
6l4�� r
Barbara Kirkmeyer, Chair
Weld County Clerk tot _iO ___
c �, , � U
Bile, Pro-Tern,_BY: Deputy Clerk to the Bo i NI org7E. `
Baxter
K AP PR V77 D AS TO FOR
(((((( Dale K. Hall
li ii
it'y,at urtorney , yaw( nicy
Glenn Vaad --
2000-1572
2 0 : Comm e'er r u g. DA0002
AGREEMENT FOR NON-RESIDENTIAL
INTENSIVE SUPERVISION SERVICES PROGRAM
THIS AGREEMENT is made and entered into this 28thday ofJung 2000, 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, 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 with the State of Colorado
Department of Corrections (Contract Routing Number 01-CAA00062) for a program to provide
intensive supervision services for an approximately one hundred forty-three (143) Department of
Corrections parolees (the exact number to be determined by the State of Colorado parole officer),
a copy of which is attached hereto and referred to herein as Exhibit "A", and
WHEREAS, said program is designed to comply with the directive for the provision of
such non-residential intensive supervision program services made by the Colorado General
Assembly through House Bill 96-1319, 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 non-residential 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, 2000, and
ending June 30, 2001, and may renew itself automatically for successive one year
periods, 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 approximately
one hundred forty-three (143) Department of Corrections parolees, with such
services being described in Exhibit "A." The Villa agrees to provide such services
in compliance with all of the terms, conditions, and requirements stated in Exhibit
"A."
Page 1 of 4 Pages
2000-1572
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 II., 2. of Exhibit"A." 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 "A" 7 he
County shall not be billed for, and reimbursement shall not be made for, time
involved in activities outside of those defined in Exhibit "A". Such billing shall
not exceed $22,152.00 for the term from July 1, 2000, to June 30, 2001, which
amount may be modified for succeeding yearly terms.
4. COMPLIANCE WITH CONTRACT REQUIREMENTS: The Villa agree,; to
comply with all requirements of the"Contractor" stated in Exhibit "A", as if The
Villa was standing in the place of the"Contractor,"including the requirements set
forth in the sections entitled: Notifications, Review and Inspection, Offender Files,
Record Retention, Confidentiality of Records, and Information Provided. The
Villa shall assist the County in complying with the"Fiscal Audit" requirements set
forth in Exhibit "A."
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 Insureds.
Page 2 of 4 Pages
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(;) or
address to whom such notices shall be sent:
County: Jan Alison Zuber, Community Corrections Administrative
Coordinator, 915 10th Street, Greeley, Colorado, 80631.
The Villa: Jolie Mousso, 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.
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
possess, nor shall any portion of this Agreement be deemed to have created a duty
of care that did not previously exist 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 "A" 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.
Page 3 of 4 Pages
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.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this
28th day OfJune 2000.
%IXTHE COUNTY OF WELD, STATE OF
ATTEST: / I� T�j; COLORADO, by and through THE BOARD
10- OF COT COMMISSIONERS OF THE
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UN
TY OF WELD, on behalf of W EL
E61
it.) 1 ' COUNTY COMMUNITY CORRECTIONS
BY: , / w_- _. '\ BOARD,
Oily ��\A v1 10 I. ;, T
arb ara J. Kirkmeyer, Chair (06/28/2000)
THE VILLA AT GREELEY, INC.
Southern Corrections System , Inc. /
esident
L
SUBSCRIBED AND SWORN to before me this M-4. day of ,III/4/C , 2000.
WITNESS my hand and official seal. /
Notary
My commission expires: Cee /// k
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