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RESOLUTION
RE: APPROVE AGREEMENT FOR USE AND FUNDING OF "A KID'S PLACE" 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 Use and Funding of
"A Kid's Place" among the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, on behalf of the Weld County Sheriffs Office, and
Weld County Department of Social Services, and the District Attorney for the 19th Judicial
District, and United Way of Weld County, commencing January 1, 1998, and ending December
31, 1998, 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 Use and Funding of"A Kid's Place" among the
County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, on behalf of the Weld County Sheriffs Office, and Weld County Department of
Social Services, and the District Attorney for the 19th Judicial District, and United Way of Weld
County 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 26th day of January, A.D., 1998, nunc pro tunc January 1, 1998.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO//
ATTEST: • �, � � ♦ �n57�-�-,<I . '�' 'A"'�
Constance L. Harbert, Chair
Weld Cou [;�d�l' / `7 ,W. H.ix/tWeer, PFo em
BY:
Deputy CI �iAII�� r l
Geor e E. Baxter
APP rs TO FORM: EXCUSED DATE OF SIGNING (AYE)
Dale IC Hall
v/
ounty. rney -- j .GtJ,S C ,;4,t1?ter
(/ Barbara J. Kirkmeyer/
980159
re-: LA FI0027
AGREEMENT FOR USE AND FUNDING OF "A KID'S PLACE"
THIS AGREEMENT is made and entered into this day of January, 1998, by and
between the County of Weld, Colorado, by and through the Board of County Commissioners of
the County of Weld, on behalf of the Weld County Sheriffs Office, and sitting as the Board of
Social Services for the Weld County Department of Social Services, whose address is 915 Tenth
Street, Greeley, Colorado 80631, hereinafter referred to as "County;" the District Attorney for
the 19th Judicial District, whose address is 915 10th Street, Greeley, Colorado 80631,
hereinafter referred to as "District Attorney;" and United Way of Weld County, whose address is
814 Ninth Street, Greeley, Colorado 80631, hereinafter referred to as "United Way."
WITNESSETH:
WHEREAS, United Way is currently operating a child abuse assessment center known as
"A Kid's Place," located on the second floor of the building located at 814 Ninth Street, Greeley,
Colorado, with the intent to incorporate the operations therein as a non-profit corporation, and
WHEREAS, A Kid's Place is used by County, District Attorney and other agencies
pursuant to investigations into cases of child abuse and neglect, and
WHEREAS, on April 17, 1995, the parties hereto and other agencies approved an
agreement to define their respective rights and responsibilities in their use of A Kid's Place,
entitled: "Agreement for Use and Operation of'A Kid's Place' (the "Original Agreement"), and
WHEREAS, on July 15, 1996, the parties hereto and such other agencies approved an
Amendment to said Agreement so as to better define their respective rights and responsibilities,
with said Amendment being based upon the parties' collective experiences in using A Kid's
Place over the year previous to said date, and
WHEREAS, the parties now desire to terminate said Original Agreement and said
Amendment as it exists between County, District Attorney and United Way, and to enter into a
new agreement regarding the use of A Kid's Place by County and District Attorney, and funding
paid by County for such use.
NOW, THEREFORE, the parties hereto agree to terminate the Original Agreement as
approved April 17, 1995, and the Amendment thereto, approved July 15, 1996, as it exists
between County, District Attorney and United Way, and in consideration of the mutual promises
and covenants stated herein, enter into a new agreement regarding the use of A Kid's Place by
County and District Attorney, and funding paid by County for such use, as follows:
Page 1 of 6 Pages
1. TERM:
This Agreement shall be for a term beginning on the date of signature herein,
nunc pro tune, January 1, 1998, and continuing to December 31, 1998, or until
such time that County terminates this Agreement pursuant to the provisions of
Section 6., below. When such incorporation occurs, the A Kid's Place non-profit
corporation shall assume the rights and responsibilities of United Way in this
Agreement.
2. FUNDING:
No portion of this Agreement shall be deemed to create an obligation on the part
of any party hereto to expend funds not otherwise appropriated during the term of
this Agreement. County agrees to pay to the A Kid's Place non-profit
corporation, beginning March 1, 1998, and continuing each month thereafter on
the first day of the month, to and until December 31, 1998, the sum of$1,000, up
to a total of$10,000 for 1998, for the cost of the use of A Kid's Place by the
agencies referred to in this Agreement. Said payment each month shall be
conditioned upon the following:
a. The A Kid's Place non-profit corporation must be incorporated in the
Office of the Colorado Secretary of State no later than March 1, 1998.
b. Compliance by United Way and the A Kid's Place non-profit corporation
with the terms of this Agreement.
c. This Agreement being in force and effect(not terminated pursuant to the
terms of Section 6., below).
3. USE OF A KID'S PLACE BY COUNTY:
County and District Attorney shall have the right to unlimited use of A Kid's
Place for the following purposes: The Weld County Department of Social
Services and the Weld County Sheriff's Office shall have the right to use A Kid's
Place in the course of coordinated investigations into child abuse and neglect.
The District Attorney for the 19th Judicial District shall have the right to use A
Kid's Place to conduct debriefing sessions of investigations into cases of child
abuse and neglect with law enforcement agencies to determine the need for
prosecution. No portion of this Agreement shall be interpreted to require County
and/or District Attorney to use A Kid's Place for any particular investigation or
debriefing. County and District Attorney shall have the right to participate in any
training offered at A Kid's Place at no additional cost.
Page 2 of 6 Pages
4. ASSISTANCE PROVIDED BY A KID'S PLACE STAFF:
A Kid's Place staff members shall provide the following services during regular
business hours:
a. Scheduling the use of A Kid's Place for all agencies that utilize the
facility, scheduling medical exams (for law enforcement only), and
appointment coordination between interviews and medical exams (for law
enforcement only).
b. Maintenance of equipment and facility.
c. Explaining and providing expertise for the use of video and audio
equipment kept at A Kid's Place.
d. Providing various services, including, but not limited to:
1) Greeting and providing a comfortable environment for persons
attending appointments at A Kid's Place.
2) Attending debriefing sessions under the District Attorney.
3) Setting up facility and equipment training and
miscellaneous non-mandatory training.
The A Kid's Place Staff members shall be considered employees, interns, and/or
volunteers of United Way or the A Kid's Place non-profit corporation, and shall
not be entitled to any salary or benefits from County or District Attorney. United
Way or the A Kid's Place non-profit corporation agrees to provide all necessary
insurance for the A Kid's Place Staff members, including, but not limited to,
unemployment insurance, worker's compensation insurance, and liability
insurance which will cover the activities of the A Kid's Place Staff members and
United Way for any third-party liability claims alleged to have been caused by the
A Kid's Place Staff members while performing the tasks for A Kid's Place as
stated herein.
5. LIABILITY FOR NEGLIGENCE OF EMPLOYEES AND/OR AGENTS OF
PARTIES:
The individual parties hereto agree to be solely responsible for any and all injuries
and/or damages caused by negligence of their employees while conducting
investigations or debriefings at A Kid's Place. This Agreement is not intended for
the purpose of creating a relationship between the parties which does not exist
Page 3 of 6 Pages
currently by virtue of the parties' individual investigative responsibilities as
provided by state and federal law. 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.
6. TERMINATION:
County and District Attorney may terminate this Agreement at any time upon
ninety (90) days notice to United Way or the A Kid's Place non-profit
corporation.
SIGNED this day of January, 1998.
ATTEST: � �p�l+�► COUNTY OF WELD, COLORADO,
BY AND THROUGH THE BOARD OF
CLERK TO H.C %V4% COUNTY COMMISSIONERS OF THE
COUNTY OF WELD, on behalf of the
% t r Weld County Sheriffs Office and
BY: = ii !�_�! .:.c:';G .� Sitting as the Board of Social Services for
Deputy Clerk the Weld County Department of Social
Services
BY:
Constance L. Harbert, Chair (01/26/90)
APPROVED AS TO SUBSTANCE:
BY:
Judy A. Griego, Director, Weld County
Department of Social Services
APPROVED AS TO SUBSTANCE:
BY:
Ed Jordan, Weld County Sheriff
Page 4 of 6 Pages
SIGNED this day of January, 1998.
DISTRICT ATTORNEY FOR THE 19TH
JUDICIAL DISTRICT
BY:
Al Dominguez
Page 5 of 6 Pages
SIGNED this day of January, 1998.
UNITED WAY OF WELD COUNTY
BY:
BY:
M:\W PFILES\AGREE\RENKTDSP.B 7B
Page 6 of 6 Pages
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