HomeMy WebLinkAbout991455.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR COMMUNITY CORRECTIONS INMATE INTENSIVE
SUPERVISION PROGRAM SERVICES AND AUTHORIZE CHAIR TO SIGN - THE
VILLA AT GREELEY, INC., DBA THE RESTITUTION CENTER
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 Community
Corrections Inmate Intensive Supervision Program Services between the County of Weld, State
of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of
the Community Corrections Board, and The Villa at Greeley, Inc., dba The Restitution Center,
commencing July 1, 1999, and ending June 30, 2000, 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 the Community Corrections Inmate Intensive
Supervision Program Services between the County of Weld, State of Colorado, by and through
the Board of County Commissioners of Weld County, on behalf of the Community Corrections
Board, and The Villa at Greeley, Inc., dba The Restitution Center, 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 14th day of June, A.D., 1999.
ARD OF COUNTY COMMISSIONERS
,•� COUNTY C LO ADO
ATTEST: 1 � �
r /, �eK.. Hall, Chair
Weld County Clerk to th ` 9e(d
,_/ ;� ( i c, � �� ; arb a J. Kirkmeyer, r Tem
By. ; . 7 �1 Deputy Clerk to the Board '' '�
1-- ' Georgd Baxter
P D AS TO FORM: 71/Geiletalj
ounty Attorney ,t /uv (7 7)
Glenn Vaad---==
991455
CZ'.,' �C r , (1-
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AGREEMENT FOR COMMUNITY CORRECTIONS
INMATE INTENSIVE SUPERVISION PROGRAM SERVICES
THIS AGREEMENT is made and entered into this 7 day of July, 1999. by and between
the County of Weld, State of Colorado, by and through the Board of County Commissioners of
the County of Weld, on behalf of Weld County Community Corrections, whose address is 915
10th Street, Greeley, Colorado 80631, hereinafter referred to as "County," and the Villa at
Greeley, Inc., dba, The Restitution Center, whose address is 1-73-6-6th-Avenne, Greeley,
Colorado, 80631, hereinafter referred to as "the Villa." 755 (8`1^(-9-r-
WITNESSETH:
WHEREAS, the County has entered into a contract with the State of Colorado
Department of Corrections to provide inmate intensive supervision program services, a copy of
which is attached hereto and referred to herein as Exhibit "1", and
WHEREAS, the County is in need of professional services for said program and the Villa
has the staff and facilities necessary to provide such services, and
WHEREAS, the parties hereto now desire to enter into this Agreement for the purpose of
setting forth the relative duties and responsibilities of the parties with respect to services to be
provided by the Villa for the inmate intensive supervision program.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. TERM: This Agreement shall be effective for the term beginning July 1, 1999,
and ending June 30, 2000, unless sooner terminated by either of the parties hereto
pursuant to the termination procedures contained in Section 5., below.
2. SCOPE OF SERVICES: Services shall be provided by The Villa to designated
Department of Corrections inmates, with such services being described in Exhibit
"1." The Villa agrees to provide such services in compliance with all of the terms,
conditions, and requirements stated in Exhibit"1."
3. PAYMENT FOR SERVICES: Payment for services rendered by The Villa
pursuant to this Agreement shall be in accordance with the payment provisions set
forth in Section I., A. of Exhibit "1." The Villa shall submit an itemized monthly
bill to the County's Community Corrections Board Administrator for all services
provided pursuant to this Agreement. Said bill shall be submitted no later than the
15th day of the month following the month in which the services were provided.
Failure to submit monthly billings in accordance with the terms of this Agreement
Page 1 of 4 Pages
may result in the Villa's forfeiture of all rights of being reimbursed for such
services. Payment of all services performed pursuant to this Agreement is
expressly contingent upon the availability of funds referred to in Exhibit "1." The
County shall not be billed for, and reimbursement shall not be made for, time
involved in activities outside of those defined in Exhibit "1". Such billing shall
not exceed $42,000 for the term from July 1, 1999 to June 30, 2000.
4. COMPLIANCE WITH CONTRACT REQUIREMENTS: The Villa agrees to
comply with all requirements of the "Contractor" stated in Exhibit "1", as if The
Villa was standing in the place of the"Contractor," including, but not limited to,
the requirements set forth in Sections 2. ("The Contractor Shall") and 3. (Mutual
Provisions), the Section entitled: "Special Provisions", and the Exhibits attached
thereto.
5. TERMINATION: This Agreement may be terminated by either party as follows:
a. Termination for default of performance: In the event either party defaults
in the performance of its duties and responsibilities set forth in this
Agreement, the other party shall notify the defaulting party of such default
in writing at the addresses described in Section 9., below. The defaulting
party shall then have 20 days in which to cure such default. In the event
the default is not cured, the non-defaulting party may then consider this
Agreement to be terminated with no further notice being necessary.
b. Termination for reasons other than default: Either party hereto may
terminate this Agreement upon providing written notice to the other party
at the address set forth in Section 9., below, at least thirty (30) days prior
to the intended date of termination.
6. INSURANCE: The Villa shall provide to the County proof of liability insurance
maintained at all times during the term of this Agreement in the amount of
$150,000 per person, $600,000 per occurrence, naming the County and its
employees and agents as Additional Named Insureds. The Villa shall also provide
to the County proof of worker's compensation and unemployment compensation
insurance as required by the provisions of Section 13., below.
7. MODIFICATION OF AGREEMENT: All modifications to this Agreement shall
be in writing and signed by both parties.
8. ENTIRE AGREEMENT/NO THIRD PARTY BENEFICIARY: This
Agreement contains the entire Agreement and understanding between the parties
to this Agreement and supersedes any other Agreements concerning the subject
matter of this transaction, whether oral or written. It is expressly understood and
Page 2 of 4 Pages
agreed that the 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. NOTICE: All notices required to be given by the parties hereunder shall be given
by certified or registered mail by the individuals at the address as set forth below.
Either party may from time to time designate in writing a substitute person(s) or
addressed to whom such notices shall be sent:
County: Jan Spangler, Community Corrections Administrative
Coordinator, 915 10th Street, Greeley, Colorado, 80631.
The Villa: Jo lie Mousso, 1750 6th Avenue, Greeley, Colorado, 80631.
10. ASSIGNMENT: Neither this Agreement nor the rights or obligations hereunder
shall be assignable without the prior written consent of both parties.
11. CONTROLLING LAW: This Agreement shall be construed and enforced in
accordance with the laws of the State of Colorado.
12. NO WAIVER OF IMMUNITY: No portion of this Agreement shall be deemed to
constitute a waiver of any immunities the parties of their officers or employees
may posses, nor shall any portion of this Agreement be deemed to have created a
duty of care that did not previously exists with respect to any person not a party to
this Agreement.
13. INDEPENDENT CONTRACTOR: The Villa shall perform the services
hereunder and the requirements set forth in Exhibit"1" as an independent
contractor. Neither The Villa nor any agent or employee of The Villa shall be
deemed an agent or employee of the County or of the State of Colorado. The
Villa shall pay when due all required employment taxes and income tax and local
head tax on any monies paid pursuant to this Agreement. The Villa acknowledges
that The Villa and its employees are not entitled to worker's or unemployment
insurance benefits unless The Villa or a third party provides such coverage and
that the County does not pay for or otherwise provide such coverage. The Villa
shall have no authorization, express or implied, to bind the County to any
agreement, liability, or understanding except as expressly set forth herein. The
Villa shall provide and keep in force worker's compensation and unemployment
insurance (and show to the County proof of such insurance) in the amounts
required by law, and shall be solely responsible for the acts of The Villa, it
employees and agents.
Page 3 of 4 Pages
14. SEVERABILITY: If any provision of this Agreement should be held to be
invalid, illegal, or unenforceable for any reason, the validity, legality, and
enforceability of the remaining provisions shall not in any way be affected or
impaired thereby.
IN WITNESS WHEREOF, the parties have hereunto set there hands and seals this
day of June, 1999.
THE COUNTY OF WELD, STATE OF
ATTEST: J��yu tt
'�� // ` COLORADO, by and through THE BOARD
6
"� ;,� % OF COUNTY COMMISSIONERS OF THE
COUNTY OF WELD, on behalf of WELD
COUNTY COMMUNITY CORRECTIONS
BY: /;- , --` ` C
wallesspiar Dale K. Hall, Chairman (oi.l i'aigq)
THE VILLA AT GREELEY, INC.
Southern Correct ' s Systems , Inc.
BY:
Pres ' ent
SUBSCRIBED AND SWORN to before me this 42 day of L��2 e,i ,
199q.
WITNESS my hand and official seal.
(7
otary Public
My commission expires: /„Z<23A,co-'
M:\W PFILES\AGREE\INMSUP99.WPD
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