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HomeMy WebLinkAbout930574.tiff RESOLUTION RE: APPROVE AGREEMENT FOR CONSULTANT SERVICES WITH VOORHIS/ROBERTSON JUSTICE SERVICES, INC. , 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 Consultant Services between Weld County, Colorado, and Voorhis/Robertson Justice Services, Inc. , commencing June 30, 1993, and ending November 1, 1993, 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 Consultant Services between Weld County, Colorado, and Voorhis/Robertson Justice Services, Inc. , be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman 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 June, A.D. , 1993. D OHA BOARD OF COUNTY COMMISSIONERS ATTEST: /11 j/V//(/a WEL COUNTY, COLORADO Weld County Clerk to the Board (��� °E-- '� L�{ /lr�L��c.f1 // Constance L. Harbert, Chairman BY: /L-y_f 'x_c-- _e ,�/ 7� W eitt7 G/ Deputy Clerk to the Boar T\ W. H. Webster, P -Tem APPROVED AS TO FORM: , 1 7 eorg Baxt r ibc") ,-„,,,, . _____,,„my Attorn y �'Dale K. Hall a S yrarbara J. Kirkme r 930574 0 PrCoo5 AGREEMENT FOR CONSULTANT SERVICES THIS AGREEMENT, made and entered into this 30th day of June, 1993, by and between Weld County, Colorado, a body corporate and politic of the State of Colorado, by and through the Board of County Commissioners of Weld County, whose address is 915 Tenth Street, Greeley, Colorado 80631, hereinafter referred to as "County, " and Voorhis/Robertson Justice Services, Inc. , whose address is 6525 Gunpark Drive, Suite 320, Boulder, Colorado 80301, hereinafter referred to as "Consultant. " WITNESSETH: WHEREAS, County is in need of professional consulting services for the purpose of updating certain manuals and procedures for the Weld County Jail, and WHEREAS, Consultant has offered to provide such professional services to County and is able to perform such services in a timely manner, and WHEREAS, the purchase of such professional services by County shall be in the best interest of the people of the County of Weld, State of Colorado. NOW, THEREFORE, in consideration of mutual promises and covenants contained herein, the parties hereto agree as follows: 1 . SERVICES TO BE RENDERED: Consultant agrees to perform the professional services set forth in Exhibit "A" entitled "Work Plan and Technical Approach" which is attached hereto and is made a part of this Agreement. All work performed by and under the direction of Consultant shall be consistent with the highest standards of care and in strict compliance with all applicable federal, state, and local laws, regulations, and procedures which may from time to time be adopted or amended. 2 . TERM OF AGREEMENT: This Agreement shall be effective June 30, 1993 and shall terminate on November 1, 1993, unless otherwise terminated as set forth herein. 3 . COOPERATION: Consultant shall cooperate with representa- tives and employees of the County to the end that work may proceed expeditiously and economically. 4 . PROFESSIONAL FEES : In consideration of the terms and obligations of this Agreement, the County agrees to pay and the Consultant agrees to accept, as full and complete Page 1 of 5 Pages 93C574 compensation for all services rendered under this Agreement, a total sum not to exceed $29,500, payable as follows : a. For the professional services rendered hereunder, a sum not to exceed $11,800 payable immediately upon the issuance of this Agreement. The balance of this Agreement is to be paid in four equal installments of $4,425, due and payable the first day of each month starting August 1, 1993 . The final payment which is due November 1, 1993 will be withheld until the final work product is delivered to County, which shall in any event be no later than November 15, 1993. b. Consideration for this Agreement shall include reimbursement for any direct costs associated with the work contemplated herein. Travel, per diem, printing, telephone, and miscellaneous expenses shall not be billed in addition to the value of this Agreement. c . Payment of the above consideration shall be made to Consultant upon submission of statements to the County. No payment shall be made prior to review and approval by County. 5 . METHODS OF PAYMENT: Payments on account of the fee for services rendered under this Agreement shall be made upon written request of the Consultant. Such written request for payment shall summarize service fees according to this Agreement to the date of the invoice. 6 . EXECUTORY: This Agreement shall be deemed executory only to the extent of the monies appropriated and available to the County for the purpose of this Agreement as specified in the County's adopted budget and no liability on account thereof shall be incurred by the County beyond the amount of such monies . It is understood and agreed that neither this Agreement nor any representation by any public employee or officer creates any legal or moral obligation to request, appropriate, or make available monies for the purpose of this Agreement. 7 . INDEMNIFICATION: Consultant agrees that it is an independent contractor and that as such it shall protect, defend, indemnify, and hold the County and its employees free and harmless from and against any and all losses, claims, liens, demands, and causes of action of every kind and character, including, but not limited to, the amount of judgment and penalty (interest, court costs, Page 2 of 5 Pages 930074 and legal fees incurred by County arising in favor of any party) , including claims, liens, debts, personal injuries, and death and by employees of County, or damages of property, including property of County, and without limitation by enumeration all other claims or demands of every character occurring or in any way an incident to, in connection with, or arising, directly or indirectly, out of this Agreement. The Consultant agrees to investigate, and/or respond to, provide defense for and defend any such claims, demands, or suits at its sole expense and agrees to bear all other costs and expenses related thereto, even if such claims, demands, or suits are groundless, false, or fraudulent. The foregoing provisions shall not be construed to indemnify County for damages arising out of bodily injury to persons or property caused by or resulting from the negligence of County employees . 8. NON-ASSIGNMENT: This Agreement shall not be assigned to the Consultant nor its right, title, or interest therein assigned, transferred, conveyed, sublet, or disposed of without previous written consent of County or its designee. 9 . INDEPENDENT CONTRACTOR STATUS: Consultant agrees that its relationship to County or any of its departments or units is that of an independent contractor and that said contractor, its employees, agents, and assigns covenant and agree that they shall conduct themselves in a manner consistent with such status; that the contractor, its employees, agents, and assigns shall neither hold themselves out as, nor claim to be, officers or employees of County by reason hereof, and that they shall not make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the County, including, but not limited to, workers ' compensation coverage, unemployment insurance benefits, social security coverage, retirement membership, or credit. 10 . NON-DISCRIMINATION: During the term of this Agreement, Consultant agrees that it shall not discriminate against any employee or applicant for employment because of age, race, creed, sex, color, national origin, disability, or marital status, and shall take affirmative action to ensure equal employment opportunities without discrimination because of age, race, creed, sex, color, national origin, disability, or marital status . Such action shall be taken with reference to, but not limited to, recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, Page 3 of 5 Pages 92,(1 .74 4 rates of pay or other forms of compensation, and selection for training and retraining, including apprenticeship and on-the-job training. Consultant is an equal opportunity employer; employment, placement of employees and promotions are carried out in accordance with all laws, orders, ordinances, rules, and regulations, without regard to race, color, sex, religion, age, physical handicap, national origin, or ancestry. 11 . SEPARATE VALIDITY: If any provision or part thereof of this Agreement shall be found invalid, for any reason, such invalidity shall apply only to such provision or part thereof, and the remainder of this Agreement shall remain valid and effective. 12 . TERMINATION OF CONTRACT: County shall have the right at any time to terminate the work required of the Consultant under this Agreement by written notice of such termination. In the event of such termination, the Consultant shall be entitled to compensation for services previously authorized and performed up to the date of termination. F 13 . QUALIFICATIONS Ocovenants CONSULTANT: Consultant all members, s specifically represents and officers, employees, agents, servants, consultants, and subcontractors have and shall possess the licenses, experience, knowledge, and character necessary to qualify them individually for the particular duties they perform under this Agreement. 14 . CHOICE OF LAW AND VENUE: Any action or dispute arising directly or indirectly out of this Agreement shall be determined pursuant to the laws of the State of Colorado. Parties hereby choose Weld County District Court as a forum for any such action. 15 . NON-WAIVER: Failure to enforce any rights, options, or privileges under any provision of this Agreement shall not be deemed a waiver thereof and shall not preclude any such enforcement on any subsequent action. Further, the failure to enforce one right, option, or privilege shall not be deemed a waiver of the right to enforce any other right, option, or privilege. 16 . ENTIRE AGREEMENT: The terms of this Agreement, including its attachments and exhibits, represent the final intent of the parties herein. Any modification, rescission, or waiver of the terms of this Agreement shall be affected Page 4 of 5 Pages 930:774 Agreement this 30th day of June, 1993. ATTEST: WELD COUNTY, COLORADO, BY AND Weld Co n y ard THROUGH THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY BY:- M< �J 1\�-YQS1.-p�,J BY:� Deputy Clc c to the Board ��� L. Constance L. arber��/93 Chairman WITNESS : VOORHIS/ROBERTSON JUSTICE SERVICES, INC. ‘fro... ((( David J�✓' Voorhis N /. , 72/:;,--L,.1..__., BY: � mes Robertson Corporate Seal APPROVED AS TO FORM AND SUBSTANCE BY: - \ Ed Jor - -- Weld ounty Sheriff voorhis.gjb Page 5 of 5 Pages 930,:,'74 Weld County Sheriffs Office Greeley, Colorado • WORK PLAN AND TECHNICAL APPROACH • Exhibit A Voorhis/Robertson Justice Services Inc. • 9301774 Weld County Sheriff's Office Greeley, Colorado 1.1 Project Kick-Off/ Planning Meeting Prior to the start of the project, VRJS will meet with representative of the Sheriff's Office to develop final work plans, finalize project goals, and to officially kick-off the project. A coordinated reporting schedule with key officials and a project scheduled/timeline with be established during the kick-off session. The role and duties of the consultant and the Subject Matter Committee (SMC) will be identified and agreed to at that time. Project goals will guide the review and development of Policy and Procedures, Post Orders, a Facility Schedule and assist in determining outcome and competancy based training requirements for Weld County. Since each county and jurisdiction is unique, the scope of services contains steps that will address each goal to ensure that the work products are responsive and specific to Weld County. VRJS proposes the following goals for the Weld County Sheriff's Office: • Development of procedures that describe what is done and provide employees with discretion during normal operations. • Development of procedures and post orders that can be used to form outcome and competency based training curriculums for Weld County Sheriff's Office staff. • Development of procedures and post orders that support current and future operations of the Weld County Jail. 1.2 Identify Data Collection and Analysis System VRJS will develop data instruments to initiate the operations information collection process. The data will assist VRJS and the SMC in the analysis of current operations and the subsequent development of policies, procedures, post orders, a facility schedule, and staffing plan. Strengths and weaknesses of the existing policy and procedure, post order system will be identified and reported to the planning committee. VRJS will recommend on-going collection and recording methods to enhance the Sheriff's Office ability to monitor progress of the changes and intended improvements initiated as result of this project. Voorhis /Robertson Justice Services Inc. 1 930. 74 Weld County Sheriff's Office Greeley, Colorado 1.3 Mission Statement Development and Review VRJS will review and/or assist Weld County in the development or refinement of a new facility mission statement. The philosophical statement will describe the current and future purpose of the jail and the role it plays in the criminal justice system. The statement will provide direction in the development and refinement of policy and procedures, post orders, staffmg plans, outcome and competancy based training requirements, and the facility schedule. The statement will also guide staff in day-to-day decision making and provide broad direction to their daily interaction and treatment of the public and inmates. 1.4 Review of Jail Operations Prior to the development of procedures, post orders, the facility schedule and training requirements, a review of facility operations will be conducted. The evaluation of jail operations is a complex and difficult task, requiring a well-organized approach. VRJS will conduct a series of activities to support an objective assessment of the operation of the Weld County Jail. These activities are as follows: • Facility tours and inspections; • Interviews with key command staff and other departmental personnel; • An analysis of pertinent operational information and data; • Reviews of current Policy and Procedure Manual, Job Descriptions and Post Orders, and other pertinent related documents, and • A review of the American Correctional Association Standards for Adult Local Detention Facilities and other appropriate standards and guidelines. 1.5 Development of Scenarios, Program Services and Activities Statements Scenario development is a user-oriented process for the identification of • the sequence of activities related to the performance of a particular • function or service in a correctional facility. Scenario development is Voorhis /Robertson Justice Services Inc. 2 930,:74 • Weld County, Colorado } Consulting Services Proposal for Jail Operational Procedures, and Post Orders May 13, 1993 Submitted by: VRJS Voorhis /Robertson Justice Services, Inc. 6525 Gunpark Drive, Suite 320, Boulder, Colorado 80301, 303-530-7583 930174 Weld County Sheriff's Office Greeley, Colorado the primary link between the mission statement and the operation of the Weld County Jail. VRJS proposes the development of operational scenarios. This process will allow VRJS and the Weld County Sheriff's Office to: • Deteimine the exact operation of the Weld County Jail; • Identify resources necessary for the operation of the Weld County Jail, and • Review current operational policies and develop procedures, post orders, the facility schedule, and outcome and competency based training requirements for the Weld County Jail. Critical steps in the scenario development process are as follows: 1. Identify all facility functions -- working with the SMC, VRJS will develop a detailed listing of all facility activities, functions, and services. A comprehensive list of all duty stations will be included. 2. Chart each activity and function -- each activity, function, and service will be charted in narrative or flow chart format to demonstrate: • Users; • Behaviors; • Equipment/Materials/Schedule, and • Policies. 3. Validate the scenario -- working with the SMC, VRJS will validate each scenario to determine the impact on current and future operations. 4. Revise the scenario -- after validation, each scenario will be revised to reflect current and future operational requirements. 1.6 Format Development Working with representatives of the Weld County Sheriff's Office, VRJS will develop a format for policies, procedures, and post orders. The general format may include but not be limited to: Voorhis /Robertson Justice Services Inc. Weld County Sheriff's Office Greeley, Colorado POLICY Sc. PROCEDURES POST ORDERS • number • title • effective date • hours of operation • approving authority • general duties • distribution • chronological listing of • subject title activities • related ACA standards • specific duties and responsibilities • equipment needs • related policy and procedure numbers • related ACA standards 1.7 Development of Draft Documents VRJS will develop draft procedures and post orders at agreed upon intervals. Those documents will be distributed to key individuals for review prior to validation workshops. 1.8 Workshops VRJS will lead a series of validation workshops to determine if the content of the existing policies, draft procedures and post orders require revision. The intent of the workshops is to test all draft documents against the physical plant and required operation of the Weld County Jail. A draft facility schedule will be developed after the conclusion of the validation workshops. A preliminary staffing plan will also be developed that compares existing staffing levels to any proposed new staff requirements. Voorhis /Robertson Justice Services Inc. 4 930C-14 Weld County Sheriff's Office Greeley, Colorado 1.9 Revised Documents Revised policies, procedures and post orders will be developed after the validation workshops. The content of each must reflect the: Organizational philosophy of the Weld County Jail; Constitutional and professional standards, and Operational concerns and a description of how thing will be done. I • POLICY STATEMENTS WILL: 1. Contain a statement of what is to be done in relationship to a particular issue; 2. Reflect the philosophy of the organization and define the purpose for which the action is taken; 3. Reflect action; 4. Provided rational for operations; 5. Describe what is to be done, not how to do it, and 6. Be concise and clear. • PROCEDURES WILL: • 1. Contain a statement that provides a detailed description of how a policy is to be accomplished; 2. The steps to be taken and the order in which they will be carried out; 4. Identify the individual or functional unit responsible for each step; 5. Indicate times and locations for completion of activities; 6. Identify forms by name and number; 7. Identify methods of communication; 8. Establish provisions for resolution of major problems, and 9. Identify where staff discretion may be used. • Voorhis /Robertson Justice Services Inc. 5 9` 0;"'74 Weld County Sheriff's Office Greeley, Colorado • POST ORDERS WILL: 1. Deteimine what tasks must be performed; 2. Determine when those tasks should occur; 3. Determine who must perform the tasks; 4. Clarify roles and responsibilities, and 5. Be short, clear, and easy to read. 1.10 Final Products VRJS will revise and prepare final work products in accordance with the scope of services outlined above. Each product will be produced in Word Perfect 5.1 times roman font with left justification. Two camera ready master sets of each document and a 3.5 inch disk copy will be provided. Final work products are: 1. A revised policy manual 2. A comprehensive procedures manual 3. A detailed facility schedule 4. A revised staffing plan for facility operations 5. A forms manual Voorhis /Robertson Justice Services Inc. 6 93(C74 Weld County Sheriff's Office Greeley, Colorado COSTS VRJS proposes a lump sum fee of$29,5000 for the Weld County Sheriff's Office project. Reimbursable expenses such as travel, lodging, parking, food, and telephone/fax costs will be incorporated into that fee amount. Billing cycles for the project will be established during the kick-off session. Voorhis /Robertson Justice Services Inc. 7 9230;77 4 OFFICE OF COUNTY ATTORNEY = PHONE(303)356-4000 EXT.4391 P.O. BOX 1948 GREELEY, COLORADO 80632 • COLORADO July 1 , 1993 David Voorhis Voorhis/Robertson Justice Services, Inc. 6525 Gunpark Drive, Suite 320 Boulder, CO 80301 RE: Agreement for Consultant Services Dear Mr. Voorhis : Enclosed please find two original agreements for consultant services . Please note that the effective date of these agreements is June 30 , 1993 . Please sign the enclosed agreements and send the same to: Bruce T. Barker, Weld County Attorney, P .O. Box 1948, Greeley, Colorado 80632 . Once I receive the agreements I will make sure that Ed Jordan signs the same and we will send one of the originals back to you for your file . Please call me at 356-4000, extension 4390 , if you should have any questions or comments regarding the enclosed agreements . Yours truly, Bruce T. Barker _ Weld County Attorney BTB/db Enclosures �/ 2 David J. Voorhis pc: Sheriff Jordan Principal VRJSVoorhis/Robertson Justice Services, Inc 6525 Gimps&Drive, Suite 320 303-530.7583 Boulder,Colorado 80301 PAX 303330.7685 Criminal Justice Consulting and Planning Fruity main Tr_Olm t Adirrda 1bpWria Wrong Tobin Ifni= Liftman&D .Bdrda SYalaa Arrtya x`74 Hello