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HomeMy WebLinkAbout950819.tiff RESOLUTION RE: APPROVE AGREEMENT FOR USE AND OPERATION OF "A KID'S PLACE" AMONG VARIOUS ENTITIES AND AUTHORIZE CHAIRMAN 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 Operation 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 sitting as the Board of Social Services for the Weld County Department of Social Services; United Way of Weld County; the District Attorney for the 19th Judicial District; the City of Greeley, Colorado, on behalf of the Greeley Police Department; and the City of Evans, Colorado, on behalf of the Evans Police Department, 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 Agreement for Use and Operation 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 sitting as the Board of Social Services for the Weld County Department of Social Services; United Way of Weld County; the District Attorney for the 19th Judicial District; the City of Greeley, Colorado, on behalf of the Greeley Police Department; and the City of Evans, Colorado, on behalf of the Evans Police Department, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said agreement. 950819 CA0007 cis: e_A- SO Al 33 &te4/ y; 1(a-ns; aid AGREEMENT-A KID'S PLACE PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of April, A.D., 1995. BOARD OF COUNTY COMMISSIONERS WAD COUNTY, CO RADO ATTEST: i i l\J I. i i 01 D G �o Dal K. Hall, Chairman Weld County Clerk to the Board / ' if // BJ. Kirkmeyer, r -Te BY: ' Az ' Deputy Clerk to the rd Barbar ��''� ;���s c `s. ,,`' , 1Ct', George E.'Baxter liAS T9 r t, 6� ��� ,Q ,�� Constance L. Harbert Attorn- Fxrl isFn W. H. Webster 950819 CA0007 AGREEMENT FOR USE AND OPERATION OF "A KID'S PLACE" THIS AGREEMENT is made and entered into this 17U1day of Ct prn>� 1995 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 collectively referred to as "County"; United Way of Weld County, whose address is 814 Ninth Street, Greeley, Colorado 80631, hereinafter referred to as "United Way"; the District Attorney for the 19th Judicial District, whose address is 915 10th Street, Greeley, Colorado 80631, hereinafter referred to as "District Attorney"; the City of Greeley, Colorado, by and through its City Council, on behalf of the Greeley Police Department, whose address is 1000 10th Street, Greeley, Colorado 80631, hereinafter referred to as "Greeley"; and the City of Evans, Colorado,by and through its City Council,on behalf of the Evans Police Department, whose address is 3700 Golden, Evans, Colorado 80620, hereinafter referred to as "Evans". WITNESSETH: WHEREAS, on October 27, 1994, County, District Attorney, United Way, Greeley, and Evans, along with other agencies and individuals involved in the child abuse and neglect system in Weld County and the members of the Weld County Child Abuse Coalition, adopted a set of protocols designed to be used as a structure for said agencies and individuals to follow in reporting, investigating, and treating child abuse, hereinafter referred to as "Protocol", and WHEREAS, said agencies, individuals, and the Weld County Child Abuse Coalition have established a child abuse assessment center to be known as"A Kid's Place" and to be located on the second floor of the building located at 814 Ninth Street, Greeley, Colorado, and WHEREAS, A Kid's Place will be used by County, District Attorney, Greeley, and Evans in the course of conducting coordinated investigations into cases of child abuse and neglect, and WHEREAS, United Way plans to assign one of its employees to provide coordination services for A Kid's Place once it is operational, and WHEREAS, the building where A Kid's Place shall be located is owned by County, and WHEREAS, the parties hereto now desire to enter into an agreement to define their respective rights and responsibilities in their use of A Kid's Place. NOW, THEREFORE, in consideration of the mutual promises and covenants stated herein, the parties hereto agree as follows: Page 1 of 10 Pages 9513819 1. "A KID'S PLACE" DEFINED: The second floor of the building located at 814 Ninth Street, Greeley, Colorado, which is owned in its entirety by County, is hereby dedicated by County for use by the parties hereto and for the term of this Agreement as a place to conduct coordinated, multi-disciplinary, and timely investigations into cases of child abuse and neglect. The facility shall be known as"A Kid's Place." A Kid's Place is specifically designed to create a supportive and caring environment for children who may be the subject of or otherwise associated with such investigations, thereby reducing the trauma to the children. It is also designed to encourage cooperation and a "team approach" among the parties in the course of the investigations into child abuse and neglect which they are individually charged by law to conduct. 2. POLICIES AND PROCEDURES FOR THE USE OF A KID'S PLACE: a. Hours, Phone, Access, Keys, and Security: The parties agree to set policies and procedures regarding hours of operation, phone useage, access, issuance of keys, and security for A Kid's Place by and through a separate agreement which may be amended from time to time as necessary. b. Investigation Protocol: While using A Kid's Place,the parties hereto agree to make their best effort to follow Protocol, as adopted by the parties on October 27, 1994 and as may be amended periodically thereafter. c. Use of A Kid's Place by Other Individuals and Agencies: Other individuals and agencies may be granted authority to use A Kid's Place in the course of conducting investigations in cases of alledged child abuse and/or neglect. Such authority may be granted only by A Kid's Place staff. d. Access to Investigation Information Gathered at A Kid's Place: Access to all information which may be gathered through investigations conducted at A Kid's Place is confidential and is to be used only in the course of such investigations. Those persons who are authorized to know of such information are only the following: Page 2 of 10 Pages 950819 1) Health practitioners who may be examining, attending, or treating a child or children who the practitioner believes or has reason to believe has or have been the victim(s) of abuse or neglect. 2) Employees of the Weld County Department of Social Services having the responsibility for the investigation of a child abuse or neglect report. 3) A law enforcement officer having the responsibility for the investigation of a child abuse or neglect report. 4) The staff of the District Attorney's Office having the responsibility for the prosecution of any case arising out of a child abuse or neglect report. 5) Other individuals or agencies as deemed necessary by the Weld County Department of Social Services staff or by law enforcement. 6) Any persons designated and/or authorized for access to such information pursuant to the provisions of the Colorado Children's Code. 3. A KID'S PLACE EQUIPMENT: All video and audio equipment kept at A Kid's Place is owned by and shall be insured by United Way. The furniture, including office furniture, is supplied by the various parties hereto and shall be insured by County under its general liability insurance policy covering all County buildings and equipment. 4. MAINTENANCE FOR A KID'S PLACE: The physical plant of the space in which A Kid's Place is located on the second floor of the County building at 814 Ninth Street, Greeley, Colorado, shall be maintained by County. The term "maintenance" shall include, but is not limited to, repair, painting, and any necessary remodeling. Any such maintenance shall be solely at the discretion of County. Heat and electricity for A Kid's Place shall be provided by County at its sole expense. County shall, through its self-insurance pool, provide liability insurance covering the parties hereto for any third-party liability claims against the parties hereto for any claims related to defects in the premises which have caused injuries and/or damages to said third parties. Page 3 of 10 Pages 950819 5. A KID'S PLACE STAFF: United Way shall provide one of its employees to staff A Kid's Place during regular business hours. Said United Way employee shall be responsible for the following: a. Opening and closing A Kid's Place during regular business hours. b. Providing receptionist-type duties to all persons entering A Kid's Place, including, but not limited to, greeting and providing comfort for any persons attending appointments at A Kid's Place. c. Coordinating all appointments in the course of the investigations conducted at A Kid's Place. d. Explaining and providing expertise for the use of video and audio equipment kept at A Kid's Place. e. Raising money for utilization at A Kid's Place. The United Way employee who staffs A Kid's Place shall be considered an employee of United Way only and shall not be entitled to any salary or benefits from the other parties to this Agreement and/or any agencies utilizing A Kid's Place. United Way agrees to provide Unemployment Insurance and Worker's Compensation Insurance for the United Way employee while performing the tasks for A Kid's Place. Said Unemployment Insurance and Worker's Compensation Insurance shall be in the amount of and of the type made necessary by statutory requirements pursuant to Colorado Revised Statutes. County shall, through its self-insurance pool, provide liability insurance which will cover the activities of the United Way employee and United Way for any third-party liability claims against the United Way employee and/or United Way alleged to have been caused by the United Way employee while performing the tasks for A Kid's Place as stated herein. 6. LIABILITY FOR NEGLIGENCE OF EMPLOYEES AND/OR AGENTS OF PARTIES: As stated above,A Kid's Place is intended to provide a central place for coordinated, "team approach" investigations into cases of alleged child abuse and/or neglect. 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 such investigations. This Agreement is not intended for the purpose of creating a relationship between the parties which does not exist currently by virtue of the parties' individual investigative responsibilities as provided by state and federal law. Page 4 of 10 Pages 956813 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. 7. TERM: This Agreement shall be for the term of one year beginning from the date of signature herein and shall renew automatically for successive one-year periods, unless sooner terminated by the parties upon 90 days written notice to the other parties at the addresses stated above. 8. ADDITIONAL LAW ENFORCEMENT AGENCIES: Any law enforcement agencies located in Weld County that desire to use A Kid's Place for investigations in cases of alleged child abuse and/or neglect may do so if they agree by separate writing to abide by all of the terms and conditions stated herein. The addition of such law enforcement agencies shall not necessitate the amendment of this Agreement. 9. FUNDING: No portion of this Agreement shall be deemed to create an obligation on the part of any of the parties hereto to expend funds not otherwise appropriated during the term of this Agreement. Page 5 of 10 Pages 950619 SIGNED this /8 day of t4 Pp t L , 1995. ATTEST: l�a COUNTY OF WELD, COLORADO, BY AND THROUGH THE BOARD OF CLERK TO THE BOARD COUNTY COMMISSIONERS OF THE COUNTY OF WELD, ON BEHALF OF THE BY: // ti�� WELD COUNTY SHERIFF'S OFFICE, AND SITTING AS THE BOARD OF SOCIAL Deputy Clark to the Board SERVICES FOR THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICE BY: CJ Da e . all, Chairman APPROVED AS TO SUBSTANCE: BY: l J� Ju A. G iego, i ctor, e1d County De ment of Soci 1 Se ces APPROVED AS TO SUBSTANCE: BY: ZJC Zitew Ed J• .:n, Weld County Sheriff Page 6 of 10 Pages 950819 SIGNED this j� day of , 1995. DISTRICT ATTORNEY FOR THE 19TH JUDICIAL TRICT J .. BY: Al omin z Page 7 of 10 Pages 950819 SIGNED this Jt day of Qkt.Zi , 1995. ATTEST: CITY OF GREELEY, COLORADO, BY AND THROUGH ITS CITY COUNCIL, ON A BEHALF OF THE GREELEY POLICE BY: 4 A /e/l DEPARTMENT B l Willie Morton, ayor APPROVED AS TO SUBSTANCE: B - ,y Sp/ Paul Grattet, City Manager APPROVED/, AS TO SUBSTANCE: BY: Low Li.30, _ Ron Wood, Chief Greeley Police Department APPROVED AS TO FORM: 1 ' Rick Brady, Greeley City Attorney APPROVED AS TO AVAILABILITY OF FUNDS: BY: ,beetmrel Wiest,Fi c irector Page 8 of 10 Pages 950819 SIGNED this 2nd day of May 1995. ATTEST: CITY OF EVANS, COLORADO BY AND THROUGH ITS CITY COUNCIL, ON BEHALF OF THE EVANS POLICE BY: DEPARTMENT BY• D as Gree eld, Mayor APPROVED AS TO SUBSTANCE: c ocwc___ chael Guthne, Chief Evans Police Department APPROVED AS • BY: R ss l c on vans City Attorney APPROVED AS TO SUBSTANCE: BY: Micha Smith / Evans City Manager Page 9 of 10 Pages 950819 SIGNED this]i day of , 1995. UNITED WAY OF IATit,,D COUNTY BY: v_ BY: M:\WPFILES\AGAEE\KIDSPLAC.WPD Page 10 of 10 950819 CITY OF GREELEY, COLORADO RESOLUTION NO. 31 , 1995 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH WELD COUNTY, UNITED WAY, THE DISTRICT ATTORNEY AND EVANS FOR OPERATION OF "A KID'S PLACE." WHEREAS, the County, District Attorney, United Way, Evans and the City of Greeley are involved, along with other agencies, in the child abuse and neglect system in Weld County; and WHEREAS, the Weld County Child Abuse Coalition has adopted a set of protocols designed to be used as a structure to follow in reporting, investigating and treating child abuse; and WHEREAS, the County, District Attorney, United Way, Evans, Greeley and other agencies have established a child abuse assessment center to be known as "A Kid's Place"; and WHEREAS, "A Kid's Place" will be used by County, District Attorney, Greeley and Evans in the course of conducting coordinated investigations into cases of child abuse and neglect. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF GREELEY, COLORADO: 1. The City Council hereby authorizes the Mayor to enter into the attached Intergovernmental Agreement with Weld County, District Attorney, United Way, and Evans for operation of "A Kid's Place." Said agreement is attached hereto and incorporated herein by reference. 2. This resolution shall become effective immediately upon its passage. PASSED AND ADOPTED, SIGNED AND APPROVED this 18th day of April, 1995. ATTEST: THE CITY OF GREELEY, COLORADO City Clei Mayor 0319 CITY OF EVANS ORDINANCE NO. 955-95 AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT CONCERNING THE OPERATION OF A CHILD ABUSE ASSESSMENT CENTER TO BE KNOWN AS "A KID'S PLACE. " WHEREAS, the Weld County District Attorney, the United Way Agency, the City of Greeley, and the City of Evans along with other individuals and agencies as well as the Weld County Child Abuse Coalition have established a child abuse assessment center to be know as "A Kid's Place" and to be located on the 2nd floor of a building with an address of 814 9th Street, Greeley, CO; and WHEREAS, the aforementioned premises will be used for the purposes of conducting coordinated investigations into cases of child abuse and neglect; and WHEREAS, the building where "A Kid's Place" is to be located is owned by the County of Weld; and WHEREAS, the parties involved in this venture desire to enter into an intergovernmental agreement to define the respective rights and responsibilities in the use of "A Kid's Place" ; and WHEREAS, C.R.S. 29-1-203 enables local governmental entities to enter into intergovernmental agreements and further, under the Home Rule Charter of the City of Evans, such intergovernmental agreements must be approved by the City Council by Ordinance. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANS, COLORADO: 1. The Recitals above set forth are incorporated herein by reference for all purposes as though set forth in full. 2 . The intergovernmental agreement attached hereto, between the County of Weld, the District Attorney for the 19th Judicial District, the City of Greeley, the City of Evans, and United Way of Weld County is hereby approved and the Mayor and the City Clerk are authorized and directed to execute such agreement. PASSED AND APPROVED at a regular meeting of the City Council of the City of Evans on this 18th day of April , 1995. CITY OF EV S, COLORA By Mayor ATTEST: ill \p evX_ City Clerk 0319 PASSED, APPROVED AND ADOPTED ON SECOND READING, this 2nd day of May , 1995. CITY OF EVANS, COLORADO By or ATTEST: City Clerk 2 955-95 950819 Hello