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HomeMy WebLinkAbout990846 RESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR SERVICES BY AMERICORPS PROGRAM VOLUNTEERS 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 Intergovernmental Agreement for Services by AmeriCorps Program Volunteers between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Services, AmeriCorps Program, and the City of Greeley, commencing June 30, 1998, and ending May 31, 1999, 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 Intergovernmental Agreement for Services by AmeriCorps Program Volunteers between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Services, AmeriCorps Program, and the City of Greeley 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 19th day of April, A.D., 1999, nunc pro tunc June 30, 1998. BOARD OF COUNTY COMMISSIONERS WVVUNTY, COL RADO r` ATTEST: Lail •�l - /` �r \Ds K. Hall, Chair / Weld County Clerk to the ..7, ' . i - • `�, 13arbar J. Kirkmeyer, ro-Tem 6 Deputy Clerk to the Bo- '., w G a er Ki'/j •S TO FORM: �� M. J. eile L,? .runty Attorney /:'t iz///t.t t( ' ; Glenn Vaad.--- 990846 C_C. NS HR0070 INTERGOVERNMENTAL AGREEMENT FOR SERVICES BY AMERICORPS PROGRAM VOLUNTEERS THIS INTERGOVERNMENTAL AGREEMENT is made and entered into this 11ta1 day of , 1994i, by and between the County of Weld, a political subdivision of the State of Colorado, by and through the Board of County Commissioners of the County of Weld, on behalf of the Weld County Department of Human Services for the AmeriCorps Program in Weld County, with offices located at P.O. Box 758, 915 10th Street, Greeley, Colorado 80632, hereinafter referred to as "County," and the City of Greeley, a home rule municipality of the State of Colorado, with office's located at 1000 10th Street, Greeley, Colorado 80631, hereinafter referred to as "Greeley." WITNESSETH: WHEREAS, the parties hereto have the authority, pursuant to the Colorado Constitution, state statutes, and their respective home rule charters, to enter into intergovernmental agreements for the purpose of providing for the general health, safety, and welfare of their respective citizens, and WHEREAS, County has contracted with Larimer County, Colorado, through the Larimer County Employment and Training Services Office, for the administration of an AmeriCorps Program in Larimer and Weld Counties, and WHEREAS, Greeley is in need of staff members to be involved in various projects in the City of Greeley from June 30, 1998, through May 31, 1999, and WHEREAS, the parties hereto desire to enter into this Intergovernmental Agreement for the purpose of arranging for the participation of the AmeriCorps Program volunteers in said projects for Greeley and to clarify the relationship between the two parties with respect to said participation. NOW, THEREFORE, in consideration of mutual promises and covenants contained herein, the parties hereto agree to the following:, 1. TERM: This Agreement shall be in force from June 30, 1998, to and until May 31, 1999. 2. COUNTY AGREES: a. To arrange for the participation of up to nine (9) AmeriCorps Program volunteers to be involved in various projects in the City of Greeley during the term of this Intergovernmental Agreement. The AmeriCorps Program volunteers shall complete agreed upon prioritized projects subject to the Page 1 of 4 Pages �10?Y6 availability of Greeley's staff supervision, AmeriCorps Program volunteers' team schedules, and weather conditions. b. To provide transportation for the AmeriCorps Program volunteers to and from the project sites. c. To provide necessary liability and workers compensation insurance to cover the activities of the AmeriCorps Program volunteers in the course of completing the work contemplated by this Intergovernmental Agreement. d. To arrange for the AmeriCorps Program supervisor to meet a minimum of once per month with Greeley staff to perform, at a minimum, the following: 1) Receive additional project requests from Greeley staff. 2) Review the monthly time line of project requests. 3) Turn in completed paperwork on completed projects. 4) Review any changes to prioritized projects. 5) Turn in quarterly reports to Greeley staff members. 6) Assist in a final annual report for the Greeley City Council. i. GREELEY AGREES: a. To provide to County and the AmeriCorps Program volunteers a current schedule of projects for which Greeley desires to have the AmeriCorps Program volunteers work on pursuant to the terms of this Intergovernmental Agreement. b. To provide all supplies and materials needed to complete the prioritized projects. c. To provide training in the operation of equipment necessary to complete the prioritized projects. d. To provide County with a cash reimbusement for hours of AmeriCorps Program volunteer services at the rate of$3.00 per service hour. Page 2 of 4 Pages 4. INDEPENDENT CONTRACTOR: The relationship between County and Greeley regarding the AmeriCorps Program volunteer services contemplated by this Intergovernmental Agreement is that of independent contractor. The employees or officers of one party, including the AmeriCorps Program volunteers, should not be deemed employees or agents of the other. As an independent contractor, County and its employees and officers, and the AmeriCorps Program volunteers shall not be entitled to any medical, health, pension, retirement, disability, unemployment, or worker's compensation or other insurance coverage, or any other benefit, similar or dissimilar, from the Greeley. 5. NON-ASSIGNMENT: This Intergovernmental Agreement shall not be assignable. 6. MODIFICATION AND BREACH: This Intergovernmental Agreement contains the entire agreement and understanding between the parties hereto and supersedes any other agreements concerning the subject matter of this transaction, whether oral or written. Modifications, amendments, notations, renewals, or other alterations of or to this Intergovernmental Agreement shall only be deemed valid or of any force or effect whatsoever if mutually agreed upon in writing by the undersigned parties. No breach of any term, provision, or clause of this Agreement shall be deemed waived or excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party hereto or waiver of, a breach by any other party, either expressed or implied, shall not constitute a consent to, waiver of or excess of any other different or subsequent breach. 7. SEVERABILITY: If any term or condition of this Intergovernmental Agreement shall be held to be invalid, illegal, or unenforceable, this Intergovernmental Agreement shall be construed and enforced without such provision, to the extent that this Intergovernmental Agreement are then capable of execution within the original intent of the parties. 8. NO WAIVER OF IMMUNITY: No portion of this Intergovernmental 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 Intergovernmental Agreement be deemed to have created a duty of care which did not previously exist with respect to any person not a party to this Intergovernmental Agreement . Page 3 of 4 Pages WHEREFORE, parties have hereunto set their hands and seals the date and year first written above. COUNTY OF WELD, ON BEHALF OF THE WELD COUNTY DEPARTMENT OF �� E ��� HUMAN SERVICES FOR THE ATTEST: e w v . AMERICORP PROGRAM .c1?A., o� k .t. n, ,I By: Deputy Clerk to the Boa %Q ' i A ' Dale Hall, Chair, Boa d of County Commissioners of Weld County AP AS TO FORM: APPROVED AS T,9 SUBSTANCE: Br e Barker, County Attorney Walt Spec an, DirectoZlijaarGunty Dt rtment of Human Services APPROVED AS TO SUBSTANCE: ,---..awetra ted Long, AmeriCorps D' ecto' ATTEST: * isc, ^, CITY OF GREELEY, COLORADO • SE er ,- t B 7 Deputy ity Clerk 41 LaVem Nelson, Mayor t1, , l y APPROVED AS TO FOR1v .i'aiSS. APPROVED AS TO SUBSTANCE: Richard Brady, City Attorney Leonard Wiest, City Manage M:\AGREEELLIBRARY.VA Page 4 of 4 Pages CITY OF GREELEY, COLORADO RESOLUTION NO. 13 , 1999 A RESOLUTION BY THE CITY COUNCIL AUTHORIZING THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH WELD COUNTY FOR SERVICES BY AMERICORPS PROGRAM VOLUNTEERS. WHEREAS,the City of Greeley is in need of staff members to be involved in various projects in the City of Greeley from June 30, 1998 through May 31, 1999; and WHEREAS, Weld County has contracted with Larimer County, Colorado for the administration of an AmeriCorps Program in Larimer and Weld Counties; and WHEREAS,Weld County and the City of Greeley have authority, pursuant to the Colorado Constitution, state statutes and their respective home rule charters, to enter into intergovernmental agreements; and WHEREAS,Weld County and the City of Greeley desire to enter into an Intergovernmental Agreement for the purpose of arranging for the participation of the AmeriCorps Program volunteers in projects for Greeley; and WHEREAS, City Council has determined that it is in the best interest of the safety,health and welfare of the citizens of Greeley to provide for this service. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GREELEY: Section 1. The Mayor is hereby authorized to execute the Intergovernmental Agreement for Services by AmeriCorps Program Volunteers with Weld County, Colorado, a copy of which is attached hereto and incorporated herein by reference. Section 2. This resolution shall become effective immediately upon its passage, as provided by the Greeley City Charter. PASSED AND ADOPTED, SIGNED AND APPROVED this 6th day of A_ -"i, 1999. ID ATTEST: THE CITY OF GREELEY, COLORADO By: City Clerk Mayor Hello