HomeMy WebLinkAbout970204.tiffRESOLUTION
RE: APPROVE USEFUL PUBLIC SERVICE LINKAGE AGREEMENT WITH
INTERVENTION, INC., 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 a Useful Public Service Linkage
Agreement between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, and Intervention, Inc., with 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 Useful Public Service Linkage Agreement between the County
of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, and Intervention, 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 3rd day of February, A.D., 1997.
ATTEST.,
(i Weld unty gt6rk to the•B
BY:
Deput
Dale K. Hall
APP D AS OR :
ounty Attorne
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Georg 6 E. Baxter, Chair
Tem
EXCUSED DATE OF SIGNING
Barbara J. Kirkmeyer
W. H.Webster
(AYE)
L 94
970204
(C : =1; D 5 Mfervenfinelk) BC0026
USEFUL PUBLIC SERVICE
LINKAGE AGREEMENT
THIS AGREEMENT FOR SERVICES is entered into this 3rd day of
February ,19 97 by and between Weld County. Colorado.
whose addressis 915 10th Street. P.O. Box 2511. Greeley. C tnradn RnAl2
(hereinafter referred to as "Agency"), and Intervention, Inc., the administrator of the
Weld County Useful Public Service program, 811 Tenth Street, Greeley, Colorado,
80631 (hereinafter referred to as "Intervention").
BACKGROUND INFORMATION
A. Persons convicted of certain offenses under Colorado law are required, as part
of their sentence, to perform useful public service.
B. Intervention has been charged with the responsibility of identifying suitable
work assignments for the UPS clients, as allowable by Colorado statute.
C. Agency wishes to accept Intervention UPS clients to perform useful public
service at agency's worksite.
NOW, THEREFORE, for and in consideration of the covenants, conditions,
agreements, and stipulations hereinafter expressed, the parties do hereby agree as
follows:
AGREEMENT
1. Recitals. The above recitals are incorporated herein by reference.
2. Definitions.
a. Client A person who has been ordered by a court of competent
jurisdiction to perform community service pursuant to Colorado
Revised Statute, and has applied for assignment by Intervention.
b. Useful Public Service: Work which is beneficial to the public and which
involves a minimum of direct supervision and other public cost.
It does not include work which would endanger the health and
safety of the client or the public.
Page 1 of 5 Pages
970204
3. Term of the Agreement. This Agreement shall commence upon the date of its
signing and shall continue until terminated by the parties, pursuant to the
provisions of this Agreement.
4. Parties' Responsibilities.
a. Responsibilities of UPS.
1) Intervention will initially interview each client concerning the
client's abilities and time schedule in order to determine
the UPS assignment at which the client would have the
most likelihood of success.
2) If Intervention has any question specific to a particular client's
needs or participation at Agency, an Intervention employee
will contact Agency with such questions prior to assigning
the client to Agency.
3) Intervention will provide a client referral form for each client
to take to Agency for assignment to the useful public service
available at that agency.
4) Intervention agrees not to assign a client to Agency if Agency
has no work available or to reassign client to another worksite for
any reason at Agency's request.
b. Agency's Responsibilities:
1) Agency warrants that Agency is either a non-profit corporation, a
governmental entity, or a community -based organization which
provides public services.
2) Agency shall immediately inform Intervention of any change in
Agency's non-profit status.
3) Agency may accept clients from Intervention and will assign them
positions providing useful public service. The client will add to
but not replace the paid staff of Agency.
Page 2 of 5 Pages
970294
4) Agency shall explain its policies, procedures, and safety rules to
the client.
5) Agency will provide supervision for the client while the client
is performing useful public service at the agency.
6) If there are any problems with the conduct or performance of
the client, Agency may instruct the client to leave the premises
at any time.
7) Agency shall notify Intervention if work is not available for clients
or if Agency cannot accommodate any particular client for any
reason.
8) Agency will complete the client referral form brought to the
worksite by the client and return said form to Intervention
upon completion or termination of the client's useful public
service performed at Agency's worksite.
5. No Discrimination. Neither party will unlawfully discriminate against any
client participating in the UPS Program because of race, color, creed, religion,
age, handicap, sex, ancestry, veteran status, or national origin.
6. Financial Provisions. The parties agree to the following financial provisions:
a. Compensation. Each party agrees that no monies will be paid by either
party to the other under the terms and conditions of this Agreement
and that the mutual benefits contained herein accruing constitute
sufficient consideration therefor.
b. Parties' Relationship. The parties to this Agreement intend that the
relationship between them contemplated by this Agreement is that of
independent entities working in mutual cooperation. No employee,
agent, or servant of one party shall be, or shall be deemed to be, an
employee, agent, or servant of the other party to this Agreement. In
addition, Intervention clients are not employees, independent
contractors, agents, or servants of either party to this Agreement.
Neither party shall in any way be required to provide any pecuniary
benefits, salary, wages, or fringe benefits to Intervention clients.
Page 3 of 5 Pages
970204
c. Unemployment or Worker's Compensation. Pursuant to Colorado
Revised Statute, UPS clients are not required to be covered under the
"Workmen's Compensation Act of Colorado" or under the "Colorado
Employment Security Act."
d. Other Insurance Coverage. Intervention has in effect limited insurance
coverage for medical and accidental death coverage for all clients ordered
referred to perform useful public service. Upon request, Intervention
will provide to Agency information regarding available insurance
coverage for UPS clients.
7. Miscellaneous
a. Records. Each party shall be responsible for maintaining its pertinent
records and information and shall make appropriate information
available to the other party as necessary for the performance of this
Agreement, subject to the laws, regulations, and policies concerning
confidentiality.
b. Funding. No portion of this Agreement shall be deemed to create an
obligation on the part of the County of Weld, State of Colorado, or
Intervention or Agency to expend funds not otherwise appropriated
during the term of this Agreement.
c. Termination: Either party may terminate this Agreement for any reason
upon 10 days written notice of its intent to so terminate given the other
party.
8. No Third Party Beneficiary Enforcement
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 with
respect to any person not a party to this Agreement.
It is expressly understood and agreed that 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
Page 4 of 5 Pages
9702•'4
express intention of the undersigned parties that any entity other than the
undersigned parities receiving services or benefits under this Agreement shall
be deemed an incidental beneficiary only.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals
this 3rd day of
INTERVENTION, Inc.
by: 711 . /2164/
Program Director or
Director of Administration
linkage\ups1-97
February , 19 97
AGENCY:
Weld Coun C
BY:
Chair, Weld County
Board of Co._ ission
Ti
ATTEST:
WELD CO
Page 5 of 5 Pages
BY:
D PUTY CLERK
9702.0'4
DATE: January I3, 1997
TO: Weld County Useful Public Service Worksites
FROM: Cheryl Marshall, Program Director
INTERVENTION
RE: Change in Administration of UPS Program
As many of you already know, Weld County has elected to discontinue the Useful Public
Service Program as a government program and has selected Intervention to administer this
program from January 13, 1997 forward. While new to Weld County, Intervention has
administered the program in Adams County since 1986 and is familiar with the UPS
system. Additionally, as a non-profit, non-residential community corrections program,
Intervention staff and policy deal with criminal justice clients as our primary focus.
You, as a UPS worksite, are a valued member of this team. Our accurate reporting to
the Courts depends on your skill in record keeping and reporting system. Your interest
in utilizing UPS workers is important to us and to this county.
Each of you has signed an agency Linkage Agreement with Weld County. We are sending
another agreement that will link your agency with Intervention in the same manner.
Please sign and return this in the enclosed stamped envelope. Unless you are a
government entity, a copy of proof of your non-profit status will be needed and will need
to accompany your Linkage Agreement. While we recognize this duplication as an
inconvenience, we greatly appreciate your cooperation in keeping these agreements
current.
Both Geraldine Theerasatiankul and Beth Finley will continue their work with
Intervention. Additionally, you will be working with Jeff Peterson, Mary Martin and
others. Mary is the Supervisor of the Greeley office as well as the Brighton office.
The UPS office will remain at 922 Ninth Street for a few weeks until computers can be
moved. The new address and phone will then be:
811 Tenth Street
Greeley, CO 80631
(970) 395-0333
Fax: (970) 352-6763
Please feel free to call Mary Martin at 352-6763 or me at (303) 450-6000 if you have any
questions or concerns. We are looking forward to working with you and will try hard to
be responsive to your needs.
near
970204
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