HomeMy WebLinkAbout20080226.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR MONITOR FOR WELD COUNTY COMMUNITY
CORRECTIONS BOARD AND AUTHORIZE CHAIR TO SIGN - MIKE RIEDE
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 Monitor for Weld County
Community Corrections Board between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, on behalf of the Weld County Community
Corrections Board, and Mike Riede, 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 Monitor for Weld County Community Corrections Board
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Weld County Community Corrections Board, and
Mike Riede, 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 16th day of January, A.D., 2008.
��..` BOARD OF COUNTY COMMISSIONERS
��
���� ,I / �S ELD COUNTY, COLORADO
ATTEST: 'res�sl /��7N ; i4• �� i i�G ✓
w m H. Jerke, Chair
Weld County Clerk to the Bo. . 4r r I�
iut _vice `� '"�;-f.bent D.I n, Pro-Tem
BY: � (� x
De Clerk the Board T��
W itar
it
APP AS RM: •�
� David E. Long
th y Attorney
Date of signature:
II +leg ougla adema er
2008-0226
DA0002
1(1 (,;2 6 ,i -O S'
AGREEMENT FOR MONITOR
FOR WELD COUNTY COMMUNITY CORRECTIONS BOARD
THIS AGREEMENT is made and entered into this 14 Tenth day of January , 2008, by and between
the Board of County Commissioners of the County of Weld, State of Colorado, on behalf of the Weld
County Community Corrections Board, whose address is 909 Tenth Avenue, Greeley, Colorado 80631,
hereinafter referred to as "Community Corrections," and Mike Riede, whose address is 395 Brentwood
Street, Lakewood, Colorado, 80226, hereinafter referred to as "Riede."
WITNESSETH:
WHEREAS, Community Corrections oversees two programs, the Residential Treatment Center
(hereinafter RTC), and he Restitution Center, (hereinafter TRC), which are housed at a facility known as
The Villa, and
WHEREAS, Community Corrections is required to operate under rules and procedures established
by Colorado Division of Criminal Justice, (hereinafter DCJ), and the Alcohol and Drug Abuse Division of
Colorado, (hereinafter ADAD),
WHEREAS, an audit performed by DCJ, and ADAD, revealed five (5) areas of concern as a result
of violations of their operating rules established and determined that it was necessary for Community
Corrections to hire a monitor to oversee the operations of Community Corrections, including RTC and
TRC, and to report to Community Corrections, DCJ and ADAD on the activities at Community
Corrections, and
WHEREAS, DCJ has allotted $10,000 for the purpose of paying said Monitor, and
WHEREAS, Riede has agreed to provide such services in accordance with the terms of the terms
and conditions set forth herein, and
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 begin on the date of the execution of this Agreement
through and continue through the earlier of Monitor's completion of 166.66 hours of work, or April 30,
2008.
2. SERVICES PROVIDED BY MONITOR: Monitor agrees to provide observation and reporting
services relating to the following five areas of operation:
A. The development and implementation of a security plan that allows for a minimum of the following:
i. Physical plan revisions that increase the challenge to secrete or import contraband, including
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including but not limited to changes in fencing, outdoor lighting, security surveillance and staffing patrols;
ii. Staffing changes, including additional security staff personnel sufficient to provide offender
management in all areas that offenders can access on the property, including the laundry area;
iii. A plan to eliminate unlawful cigarette smoking within the residential areas of the facility.
B. The development and demonstrable implementation of a disturbance training plan that provides for
a minimum of the following features:
i. A response plan requiring that law enforcement officers will immediately be notified before
anyone else when an in-progress incident could reasonably be expected for cause injury to life or limb, or
significant property damage;
ii. Training of staff to handle major and minor disturbances, including training techniques
designed to promote staff and offender safety;
iii. Training for on-call supervisors regarding the appropriate response to disturbances that
occur during off-hours.
C. The development and demonstrable implementation of a facility offender management record-
keeping plan, with appropriate and universal staffing, that allows for a minimum of the following:
i. Strict adherence to the timely and meaningful completion and distribution of all required
reports regarding incidents within the facility;
ii. Strict adherence to the timely and meaningful completion and distribution of all required
reports regarding criminal conduct, such as sexual contact between staff members and clients (offenders);
iii. Strict adherence to the timely and meaningful completion and distribution of all required
reports regarding grievance documentation;
iv. Strict adherence to the timely and meaningful completion and distribution of all required
reports regarding documentation related to headcounts, facility searches of every kind and off-site client
(offender) monitoring.
D. The employment, training and proper supervision of case management and clinical personnel, as
required by state regulation. Monitor must verify that the facility provides the required forty(40) hours, six
(6) day per week therapeutic contact for RTC clients (offenders).
E. The development and demonstrable implementation of a treatment record-keeping plan that
provides for the timely and complete preparation of records uniquely related to each offender, including
each stage of offender treatment, from intake to discharge.
3. COMPENSATION: Monitor agrees to bill Community Corrections for all such services on a
monthly basis. Community Corrections agrees to send the invoices submitted by Monitor to DJC for
payment. Services of Monitor shall be paid by DJC pursuant to this Agreement at the rate of$60.00 per
hour. The parties agree that the hourly compensation as contemplated herein shall constitute the entire
amount of compensation due to Monitor for any work performed hereunder. Monitor shall not be entitled
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. .r .
Monitor 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 of money which may be spent by
Community Corrections in 2008 for all monitoring services (by Monitor) shall be $10,000.00.
4. INDEPENDENT CONTRACTOR: Monitor agrees that he is an independent contractor and that he
will not become an employee of Community Corrections, or of RTC or TRC, nor is he entitled to any
employee benefits as a Community Corrections, RTC, or TRC employee as a result of the execution of this
Agreement.
5. INDEMNIFICATION: Monitor shall indemnify Community Corrections, RTC and/or TRC, their
officers and employees, against liability for injury or damage caused by any negligent act or omission by
Monitor in the performance of this Agreement and shall hold Community Corrections, RTC and/or TRC
harmless from any loss occasioned as a result of the performance of this Agreement.
6. NON-ASSIGNMENT: Monitor may not assign or transfer this Agreement, any interest therein or
claim thereunder, without the prior written approval of the Board of Directors of Community Corrections.
7. ACCESS TO RECORDS: Community Corrections shall have access to Monitor'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 Community Corrections or DCJ to expend finds 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 Community Corrections 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
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have created a duty of care with respect to any persons other than Community Corrections and not a party
to this Agreement.
13. CANCELLATION: Monitor may cancel a scheduled appointment with 24 hour notice; no fee to be
assessed by Monitor. If Monitor needs to cancel a scheduled appointment, he will make every effort to
contact the Community Corrections by telephone to inform them of the cancellation and to reschedule the
same.
IN WITNESS WHEREOF, the parties hereunto have executed this Contract on the day first above written.
MONITOR: �/ - /1 /� Board:
By: �({/�`�y�/=a BOARD OF COUNTY COMMISSIONERS
Mike Riede WELD COUNTY, COLORADO
By I L/�-
William H. Jerke, Chair JAN 1 6
2008
SUBSCRIBED AND SWORN to before me this
H day of January, 2008 ATI ST:
}�. unty Cierl, to the Board
WITNESS my hand and official seal t w` > �� {1
e u Cie o the Board
3 � 5 \
Notary Public
APPROVEP4ktT _OFOR 7'
My commission expires: By
rn Attorney
+' 00',tiSSION EXPIRES
,r^, �-. �0rn
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• •
NINETEENTH JUDICIAL DISTRICT
WELD COUNTY COMMUNITY CORRECTIONS BOARD
MEMO
To: Board Members - Q,cur)f/ C r�-- 'oily mL5sichKr'S
From:Sharon Behrens
Date: January 14, 2008
Re: Community Corrections Monitor Contract
Attached are three copies of the contract for a Community Corrections Monitor. The
Weld County Community Corrections Board would like to hire a temporary monitor. The
purpose of the monitor will be to provide observation and reporting services relating to
concerns of operation at the Villa. This contract will end April 30, 2008 or completion of
166.66 hours. DCJ has provided the Community Corrections Board with $10,000 to hire
this monitor; all invoices will be directed to Carl Blesh at DCJ. After approval of contract,
please forward the two originals to me.
909 10'°Avenue :• PO Box 758 ❖ Greeley, Colorado 80632
Phone: 970.356.4000 x 4848 + Fax: 970.392.4677
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