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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 Hello