HomeMy WebLinkAbout962333.tiff RESOLUTION
RE: APPROVE AGREEMENT WITH INTERVENTION FOR USEFUL PUBLIC SERVICE
PROGRAM 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 an Agreement for the Useful Public
Service Program between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, and Intervention, commencing January 13, 1997, with
further terms and conditions being as stated in said agreement, and
WHEREAS, the Weld County Useful Public Service Program was operated jointly by
the Probation Department of the 19th Judicial District and the County under a resolution of the
Board of County Commissioners of Weld County, Colorado, dated October 12, 1983, and
WHEREAS, Intervention has requested permission to operate the Useful Public Service
Program in Weld County pursuant to agreement, and
WHEREAS, the primary purpose of Intervention is to provide community corrections
services, and
WHEREAS, pursuant to C.R.S., 16-11-701(2)(a), a private non-profit entity may
establish and operate the Useful Public Service Program under contract with this governing
entity, and
WHEREAS, it would be in the best interest of the citizens of Weld County to have
Intervention operate the Useful Public Service Program in Weld County, 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 the Useful Public Service Program between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, and Intervention be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement and any other documents necessary pursuant to said agreement.
962333
e % /h/ervP-a1 01-) f-A BC0025
AGREEMENT WITH INTERVENTION FOR USEFUL PUBLIC SERVICE PROGRAM
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 30th day of December, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST 414 C924 C%IC } a/. ? x >�f.e''t
��!!!�1777 Barbara J. Kirkmeyer, air
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l x-croxter, Pr Te( f
Dale K. Hall
APP FOR :
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Constance L. Harbert
ounty A t n y d1� �' VJJ.(2)/t
W. H. Webster
962333
BC0025
AGREEMENT
This Agreement is made to be effective January 13, 1997, by and between the Board of
County Commissioners of the County of Weld (hereinafter referred to as "County") whose
address is 915 Tenth Street, Greeley, Colorado 80631, and Intervention, whose address is 2200
E. 104th Avenue, Suite 209, Thornton, Colorado 80233, a private non-profit entity.
WITNESSFi ll:
WI IEREAS, the Weld County Useful Public Service Program, was operated jointly by
the Probation Department of the 19th Judicial District and the County under a resolution of the
Board of County Commissioners of Weld County, dated October 12, 1983; and,
WHEREAS, Intervention has requested permission to operate Weld County's Useful
Public Service Program; and,
WHEREAS, the primary purpose of Intervention is to provide Useful Public Service
Program services, much like those needed in Weld County; and,
WHEREAS, pursuant to C.R.S. § 16-11-701(2)(a), a private non-profit entity may
establish and operate a Useful Public Service Program under contract with a government entity;
and,
WHEREAS, it will be in the best interests of the citizens of Weld County to have
Intervention operate the Useful Public Service Program in Weld County.
NOW, THEREFORE, in consideration of the mutual promises of the parties hereto, it is
agreed as follows:
1. Intervention to Conduct Useful Public Program in Weld County. The County authorizes
Intervention to establish and operate a Useful Public Service Program within the
geographic boundaries of Weld County and to exercise all of the powers and rights
granted by the Colorado General Assembly for the establishment and operation of such
Useful Public Service Program ("the Program"), with the following understanding:
a. Weld County shall cooperate with Intervention to effectuate the transfer of Weld
County's Useful Public Service Program to Intervention.
b. The County shall provide all forms, records, and other information in
its possession relating to the Program to Intervention.
Page 1 of 4 Pages
c. Intervention shall operate the Program in accordance with the applicable standards
and goals set forth in the Colorado Revised Statutes, including any amendments
thereto that may from time to time be enacted.
d. Intervention shall provide to the County any and all records, policies or other
information the County may request. Annually, Intervention shall provide an
annual report to the County and 19th Judicial District detailing the status of the
Program in Weld County.
c. All of the activities of the Program in Weld County which are listed in
C.R.S. § 16-11-701 (2) (a) shall be conducted by Intervention. County shall have
no responsibility to perform any such activities and shall have no relationship
with Program clients or private or public entities which may utilize the clients'
services.
2. Employees of Intervention. It is understood and agreed that all the services, obligations,
duties, and standards imposed upon Intervention by the terms of this Agreement and/or
by the Colorado Revised Statutes shall be performed and fulfilled exclusively by
employees of Intervention. As such, they shall not be considered employees or agents of
the County and thereby shall not be entitled to any compensation, insurance coverage or
benefits from County.
3. Termination. 'Ibis Agreement shall continue in effect until either party hereto expresses
in writing addressed to the other party its desire to terminate this Agreement within 30
days from the date of notice.
4. Assignment. Neither party to this Agreement may assign any right or delegate any duties
hereunder without the express written consent of the other party.
5. Compensation. Intervention shall be solely compensated by a fee allowed under
C.R.S. § 16-11-701 (6) to be paid by the Program's clients who are sentenced by the
courts. The County shall not be involved in the collection of said fee and does not
guarantee the amount of fees so collected.
6. Use of Computer System. County shall allow Intervention the use of the computer
system currently operating in the Useful Public Service Program at no cost to
Intervention. All computer hardware and software licenses currently associated with the
system shall remain the property of County. County and Intervention shall jointly certify,
prior to the start of the work contemplated by this Agreement, the presence of all of the
computer hardware and software licenses currently associated with the system. Any
upgrades of or replacements to such hardware or software by Intervention shall be at
Intervention's own expense.
Page 2 of 4 Pages
7. Lease of Office Space and Use of Equipment. Any office space needed by Intervention
and provided by the County shall be through a separate building lease agreement between
County and Intervention. Such lease shall include all equipment currently located in such
space. County and Intervention shall jointly certify, prior to the start of the work
contemplated by this Agreement, the presence of all of such equipment. Any new
equipment for the Program shall be at Intervention's own expense.
R. Phone Service. County shall provide Intervention with phone service during such time
that Intervention occupies the County owned facility in which the Program is now
located. Intervention shall reimburse County for the Program's phone costs at the phone
rates billed to all County departments.
9. Indemnification and Insurance. Throughout the term of this Agreement and afterward
during any applicable statute of limitations time period, Intervention shall indemnify,
save and hold harmless County, its employees and agents, against any and all claims,
damages, liability and court awards including costs, expenses, and attorney fees incurred
as a result of any act or omission by Intervention, or its employees and agents in the
course of performing the duties and responsibilities contemplated by this Agreement.
Intervention shall provide to County evidence of liability insurance in the amount of$1
million per claim covering the activities of Intervention in the course of performing the
duties and responsibilities contemplated by this Agreement and as required by the
Colorado Revised Statutes. Additionally, Intervention shall provide for its employees all
necessary unemployment and workers' compensation insurance as required by the
Colorado Revised Statutes.
10. Severability: If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable, this Agreement shall be construed and enforced without such a
provision, to the extent this Agreement is capable of execution within the original intent
of the parties.
11. No Third Party Beneficiary Enforcement. 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 claim
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 benelits under this Agreement shall be deemed an incidental
beneficiary only.
12. Entire Agreement. This Agreement, together with all attachments hereto, constitutes the
entire understanding between the parties with respect to the subject matter hereof, and
may not be changed or modified except with the written consent of both parties.
Page 3 of 4 Pages
13. Use of Communications, Records and Criminal Justice Information Systems. Intervention
desires to have access to the County's communications, records and criminal justice
information systems (the ""Tiburon System") to assist it in conducting case management
services. Before Intervention and its employees may have such access, Intervention shall
execute a separate agreement with County and the City of Greeley, in substantially the
form which is attached, for such use and agreeing to the confidentiality requirements
associated thereto.
I4 No Waiver of Immunities/No Duty of Care. 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 that did not previously exist with respect to any person not a party to this Agreement.
Signed thisatliday of Aden /k, , 19%.
ATTEST.EST - "
,,/ . AIL BOARD OF COUNTY COMMISSIONERS
OF WELD COUNTY, COLORADO
CLLR EIt6 pE
COU T C}& 'MOM S �, ."�./,G a (cam... / , ,LiA, ,,/i,
' ' Barbara J. Kirkmeyer, Chair 47/30 �9
BY:
I (poly Clerk to the Board -
INTERVENTION
�-Cheryl arshall
Executive Director
M:\Agree\In terventk,n.dl
Page 4 of 4 Pages
Intervention
Community Corrections Program
DATE: December 26, 1996
TO: Mr. Donald D. Warden
Dept. of Finance and Administration
FROM: Cheryl S. Marshall, Intervention pt,--
RE: Resolutions/Agreements
Enclosed please find the signed documents which you mailed to Intervention on
December 18. We have made an additional copy of each and signed both originals.
Upon receipt and the signatures of your parties, would you please return one original
copy of each document to Intervention for our records?
Regarding the confidentiality of the communications system, several of us have signed
the enclosed documents. As staff is hired, each will be required to sign this agreement
and the originals will be forwarded to you.
Thank you most kindly for your participation in this process. We will strive to make
these changes in Weld County positive and productive and look forward to serving
your district.
2200 E. 104TH Ave., Suite 209 • Thornton, CO 80233 • (303)450-6000
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