HomeMy WebLinkAbout980497.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR PROFESSIONAL CONSULTATION/TRAINING FOR
WELD COUNTY JUVENILE DIVERSION 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 Professional
Consultation/Training for the Weld County Juvenile Diversion Program between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,
on behalf of the District Attorney of the 19th Judicial District, Juvenile Diversion Program, and
Russ Johnson, M.D., 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 Professional Consultation/Training for the Weld
County Juvenile Diversion Program between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, on behalf of the District Attorney
of the 19th Judicial District, Juvenile Diversion Program, and Russ Johnson, M.D., 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 30th day of March, A.D., 1998, nunc pro tunc January 1, 1998.
BOARD OF COUNTY COMMISSIONERS
WE, COUNTY, COLORADO
ATTEST:
Constance L. Har rt, Chair
Weld Coup 1C a : �c _' rd
� tt/ 1 ?
�� V
l.,�• W. H. ebster, Pro-Tem
BY: .�1��_•�L _ice:!„A•
Deputy
eorge . Baxter
APPF3Daf@ AS TO FO M: EXCUSED
Dal K. Hall
my y 4. 24x?4b 'Jird+
980497
C C D!+ DA0014
AGREEMENT FOR PROFESSIONAL CONSULTATION/TRAINING
FOR WELD COUNTY JUVENILE DIVERSION PROGRAM
THIS AGREEMENT is made and entered into this day of March, 1998, nunc pro
tuns, January 1, 1998, by and between the County of Weld, State of Colorado, by and through the
District Attorney of the 19th Judicial District, by and on behalf of the Juvenile Diversion Program,
whose address is 915 Tenth Street, Greeley, Colorado 80631, hereinafter referred to as "Juvenile
Diversion",and Russ Johnson,M.D.,whose address is 3211 20th Street, Suite D, Greeley, Colorado
80631, hereinafter referred to as "Physician."
WITNESSETH:
WHEREAS, the Juvenile Diversion Program provides counseling-type services to juveniles
who are in trouble with the law, and
WHEREAS, Physician is a medical doctor who provides psychotherapeutic counseling to
persons in need, and
WHEREAS, Juvenile Diversion is in need of consultation/training by a physician to assist
the Juvenile Diversion Program in providing counseling-type services to juveniles, and
WHEREAS, Physician has time available to devote to such work at the hourly rate which is
set forth below.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. TERM: The term of this Agreement shall be from January 1, 1998, through
and until December 31, 1998.
2. SERVICES PROVIDED BY PHYSICIAN: Physician agrees to provide one
60-minute session per month for consultation and training to the counselors
involved in the Juvenile Diversion Program.
3. COMPENSATION: Juvenile Diversion agrees to pay Physician for all services
performed hereunder at the rate of$110 per hour. Physician agrees to bill Juvenile
Diversion for all such services on a monthly basis. The parties agree that the
hourly compensation as contemplated herein shall constitute the entire amount
of compensation due to Physician for any work performed hereunder. Physician
shall not be entitled to the payment of any additional expenses, including, but not
limited to, travel expenses, overhead, and daily expenses. The cap for the amount
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of money which may be spent by Juvenile Diversion in 1998 for Dr. Johnson's
professional services shall be $1320.00
4. INDEPENDENT CONTRACTOR: Physician agrees that he is an independent
contractor and he will not become an employee of the District Attorney, nor is he
entitled to any employee benefits as a District Attorney, Juvenile Diversion
employee as a result of the execution of this Agreement.
5. INDEMNIFICATION: Physician shall indemnify District Attorney, Juvenile
Diversion Program, its officers and employees, against liability for injury or
damage caused by any negligent act or omission by Physician in the performance
of this Agreement and shall hold the District Attorney harmless from any loss
occasioned as a result of the performance of this Agreement.
6. NON-ASSIGNMENT: Physician may not assign or transfer this Agreement,
any interest therein or claim thereunder, without the prior written approval of
the District Attorney.
7. ACCESS TO RECORDS: District Attorney shall have access to Physician's
financial records for the purposes of audit. Such records shall be complete and
available for audit 90 days after final payment hereunder and shall be retained
and available for audit purposes for at least five years after final payment
hereunder.
8. TERMINATION: Either party may terminate this Agreement at any time by
providing the other party with a 10-day written notice thereof. Furthermore, this
Agreement may be terminated at any time without notice upon a material breach
of the terms of the Agreement.
9. TIME OF THE ESSENCE: Time is of the essence in each and all of the provisions
of this Agreement.
10. ENTIRE AGREEMENT/MODIFICATIONS: This Agreement constitutes the
entire understanding between the parties with respect to the promises and covenants
made therein. No modification of the terms of this Agreement shall be valid unless
made in writing and agreed to by both parties.
11. NON-APPROPRIATION: No portion of this Agreement shall be deemed to create
an obligation on the part of the District Attorney to expend funds not otherwise
appropriated in each succeeding year.
12. WAIVER OF IMMUNITIES/THIRD PARTY LIABILITY: No portion of this
Agreement shall be deemed to constitute a waiver of any immunities of the District
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Attorney or its 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 persons
other than the District Attorney and not a party to this Agreement.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement this 30th
day of March, 1998, nunc pro tunc, January 1, 1998.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
7 ►
ATTEST: 42
e r, t Constance L. Harbert, Chair (03/30/98)
Weld Co erk
.n,,v"
BY:
Deputy C
DISTRICT ATTORNEY
19TH JU - IAL DISTRICT
A. . Do • guez, Jr. Date
S SCRIBED AND SWORN to before me this at) day of ) J a t C,/L
1998.
WITNESS my hand%and official sal.
// MY C3,lM SI2N EXPlr cS: 07/91/2001
N � �G�� (U C�. CAita S KOOEL
ary I ublic ' 915 10TH Si:.. .•6Rt6LEY, CO 80631
PHYSICIAN
4j 3/�3/9g
Russ Jo on, M.D. Date
SUBSCRIBED AND SWORN to before me this ,,23 fgaday of '1/4701/1C'L)
1998.
WITNESS my hand and official seal.
'.1Y[Y1.971/J7�'� '/ ` p 'c.61- $%2//2000
vKtotary Public
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