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Home My WebLink About960132.tiff RESOLUTION RE: APPROVE USEFUL PUBLIC SERVICE AGREEMENT FOR SERVICES BETWEEN USEFUL PUBLIC SERVICE PROGRAM AND COLORADO DEPARTMENT OF AGRICULTURE 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 Useful Public Service Agreement for Services between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Useful Public Service Program, and the Colorado Department of Agriculture, 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 Agreement for Services between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Useful Public Service Program, and the Colorado Department of Agriculture 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 5th day of February, A.D., 1996. S BOARD OF COUNTY COMMISSIONERS �� 1 WEED COUNTY, COLORADO •C"' y Barbara J. Kirkme r, Chair" rk to the Boar (-� 1� /2 J . orgetE. Baxter, r•� em Deputy Clerk to the Board __ _ =Dale r. Hall AP D AS TO FORM: Constance L. Harbert Co Attorn Y i o st r 960132 to: ILPSPJ 1/ 9..)A5 elf CT0006 FHGE . EJI'Jc DEC 14 ' 95 11 : 05 Fk U'^ '.A USEFUL PUBLIC SERVICE AGREEMENT FOR SERVICES THIS AGREEMENT FOR SERVICES is entered into this 5th day of February 1996, by and between Colorado Department of Agriculture, whose address is 700 Kipling, Lakewood, Colorado 80215 (hereinafter referred to as "Agency"), and the County of Weld, State of Colorado,by and tough the Board ofCo my m 9 4 Commissioners Ninth of theAve Coue, Secony d of Weld, on behalf of its Useful Public Service Program,whose ,Greeley, Colorado 80631 (hereinafter referred to as "UPS"). BACKGROUND INFORMATION A. Persons convicted of certain offenses under Colorado law are required, as part of their sentence,to perform useful public service. B. The Useful Public Service Program,as part of probation services,has been charged with the responsibility of identifying suitable work assignments for the UPS clients. See § 42-4- 1202(4)(g)(II)(B),C.R.S. C. Agency wishes to accept UPS clients to perform useful public service at Agency's work site. 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 § 42-4-1202, C.R.S., and has applied for assignment by the Useful Public Service Program. 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. 3. Age. The term of this Agreement shall be from date of execution through June 30, 1996. This Agreement may be renewed each July 1,subject to the termination provisions set forth in paragraph 7.c.,below. Page 1 of 5 Pages 960132 4. Parties'Responsibilities.. a. Responsibilities of_UPS: 1) UPS 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 UPS has any question specific to a particular client's needs or participation at Agency,the UPS employee will contact Agency with such questions prior to assigning the client to Agency. 3) UPS 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) UPS agrees not to assign a client to Agency if Agency has no work available or to reassign client to another work site 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 UPS of any change in Agency's non-profit status. 3) Agency may accept clients from UPS and will assign them positions providing useful public service. The client will add to but not replace the paid staff of Agency. 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 UPS if work is not available for clients or if Agency cannot accommodate any particular client for any reason. Page 2 of 5 Pages 960132 PAGE . 004 DEC 14 ' 5 11 = o - <.; ' ^ __.- 8) Agency will complete the client referral form brought to the work site by the client and return said form to UPS upon completion or termination of the clients useful public service performed at Agency's work site. 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. Patties' 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, UPS 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 UPS clients. c. Unemployment or Worker's Compensation. Pursuant to § 42-4-1202(4)(g)(1V), C.R.S., UPS clients are not required to be covered under the "Worlunen's Compensation Act of Colorado" or under the "Colorado Employment Security Act." d. Otherinsurance Covcra2Q. UPS represents to Agency that Weld County has in effect limited insurance coverage for medical and accidental death coverage for all clients ordered to perform useful public service. Upon request,UPS 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 UPS or Agency to expend funds not otherwise appropriated during the term of this Agreement. Page 3 of 5 Pages 960132 DEC a ' y5 la : d e. Termination. Either party may terminate this Agreement for any reason upon 10 days written notice of its intent to so terminate given to 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 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. Independent Contractor Stet».• UPS, which is a court-ordered referring agency pursuant to Section 42-4-1201 (4)(g)(H) (b),C.R.S. 1973,as amended, shall perform duties hereunder in the status of an independent contractor and not as an employee of the Agency. Neither the UPS,nor any agent or employee of the UPS,nor Client referred by the UPS to the Agency, shall be deemed to be an agent or employee of the Agency,and shall have not authorization, express or implied, to bind the Agency to any agreements, settlements, liability, or understanding except as expressly set forth herein. The UPS shall be responsible to the Agency for the ultimate results of performance required hereunder but shall not be subject to the direction and control of the Agency as to the means and methods of accomplishing the results. The specifications in this Agreement of particular performance standards the Agency deems essential to proper performance and Agreement value shall in no event be deemed to alter this relationship. UPS shall pay when due all required employment taxes and income tax withholding, including all Federal and State income tax or any moneys paid pursuant to this Agreement. The UPS shall provide and keep in force worker's compensation(and show proof of such insurance)and unemployment compensation insurance in the amounts required by law,and shall be solely responsible for the acts, performed pursuant to this Agreement, of the UPS, its employees and agents. The UPS acknowledges that the UPS and its employees are not entitled to the benefits of worker's compensation insurance or unemployment insurance unless the UPS or a third party provides such coverage and that the Agency does not pay for or otherwise provide such coverage. 10. Indemnification. To the extent authorized by law,the UPS shall indemnify,save and hold harmless the Agency,its employees and agents,against any and all claims,damages,liability and court awards including costs,expenses,and attorney fees incurs as a result of any act or omission by the UPS, or its employees,agents, subcontractors, or assignees. Page 4 of 5 Pages 960132 ** TOTAL PAGE . 002 ** UEC 14 ' 95 11 : Gr - t., _ - -_ _ - - 11. Client Status. The Client is not deemed to be an employee of either the Agency or the UPS. In no event shall any provision of this Agreement be construed to afford the Client workers compensation or any other benefits which would accrue to an employee of the Agency or the UPS. IN WITNESS WHEREOF,the parties have hereunto set their hands and seals this 5th day of February , 1996 . COUNTY OF WELD, STATE OF COLORADO, BY AND THROUGH THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD,ON BEHALF 4 ?�1Z OF ITS USEFUL PUBLIC SERVICE , 1 Pga, te A PROGRAM K • ' �U' ��•�^ , �Pki perk to Board ' Barbara J. Kirkmeyer, Chatty 02/05/96 ATTEillt CO "D D` COUNTY COi;til;iL,L '6 LA s.c;4 U; =S D;ALY AGENCY: \ OVED SUBSTANCE: (�.., si,„„. l;i' COLORADO DEPARTMENT OF AGRICULTURE Q Lee Steele, ��C Chief Probation Officer p, enc Name Useful Public Service Program BY: 24""K Robert G. McLavey, Deputy Commissioner Title for Thomas A. Kourlis, Commissioner agree\upsp2.gjb Page 5 of 5 Pages 360132 ' ** TOTAL PRGE . 006 ** STATE OF COLORADO �pP Cp3�R DEPARTMENT OF AGRICULTURE �N 700 Kipling Street,Suite 4000 �H Lakewood,Colorado 80215-5894 Vter *` (303)239-4100 taro (303) 239-4125 FAX Roy Romer Governor Thomas A.Kourlis Commissioner Robert G.McLavey Deputy Commissioner January 25, 1996 Pamel R. Linden Useful Public Service Administrator 19th Judicial District Weld County Centennial Annex 934 Ninth Avenue Second Floor Greeley, CO 180631 SUBJECT: Useful Public Service Agreement Enclosed are two copies of the Weld County useful public service agreement. One copy is originally signed by the Colorado Department of Agriculture, and the second is a photocopy. Please return one signed copy to my attention when executed by Weld County. Thank you for your assistance and cooperation in helping us develop an agreement which mutually is acceptable to Weld County and the State of Colorado. Bonnie F. Daniels Accountant/Contract Admninistrator Administrative Services C: Mary Fay Robert McLavey Thomas Kourlis Jerry Bohlender Michael Threlkeld w Hello