HomeMy WebLinkAbout20142973.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR PROFESSIONAL SERVICES AND AUTHORIZE CHAIR
TO SIGN - DUANE DURAN
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 Professional Services
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Sheriff's Office, and Duane Duran, with terms
and conditions being as stated in said agreement and Exhibit A to said agreement.
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 Professional Services between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf
of the Sheriff's Office, and Duane Duran 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 29th day of September, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
LD COUNTY, COLORADO Q
ATTEST: CC.�� �,,,/ , /, �C 77\i � `�c
G/ LD�� Douglad-Rademacher, Chair
Weld County Clerk to the Board
I�' t CUSED
I /- t 'ara Kirkmeyer, Pro-Tem
BY:
D,piy Clerk to the Boar.1 iii
P. Conway
♦' " . 4
A R FORM:
♦ ike Freeman
unty Attorney % --
William F. Garcia
Date of signature: 1o//(0
/
2014-2973
SO0035
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made by and between the County of Weld, State of Colorado, whose address is
915 10`h Street, Greeley, Colorado, 80631 ("County"), and Duane E. Duran whose address is 1130 2""
Street Road, Eaton CO 80615, ("Contractor").
WHEREAS, County desires to retain Contractor as an independent contractor to perform services as more
particularly set forth below; and WHEREAS, Contractor has the time available to timely perform the services,
and is willing to perform the services according to the terms of this Agreement.
NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties
hereto agree as follows:
1. Engagement of Contractor. County hereby retains contractor, and Contractor hereby accepts engagement
by County upon the terms and conditions set forth in this Agreement.
2. Term. The term of this Agreement shall be from 9/16/2014, through and until 9/15/2015.
3. Services to be Performed. Contractor agrees to perform the Services listed or referred to in Exhibit A,
attached hereto and incorporated herein.
4. Compensation. County agrees to pay Contractor for services performed as set forth on Exhibit A at the rate
of$28.00 per hour/not to exceed 30 hours per week. Charges shall be based on the time actually spent
performing the services, but shall exclude travel time. Mileage may not be charged to and from any required
job site. Contractor shall not be paid any other expenses unless set forth in this Agreement. Payment to
contractor will be made only upon presentation of a proper claim by Contractor, itemizing services
performed. Payment for services and all related expenses under this Agreement shall not exceed $43,680.00.
5. Additional Work. In the event the County shall require changes in the scope, character, or complexity of
the work to be performed, and said changes cause an increase or decrease in the time required or the costs to
the contractor for performance, an equitable adjustment in fees and completion time shall be negotiated
between the parties and this Agreement shall be modified accordingly by a supplemental Agreement. Any
claims by the contractor for adjustment hereunder must be made in writing prior to performance of any
work covered in the anticipated supplemental Agreement. Any change in work made without such prior
supplemental Agreement shall be deemed covered in the compensation and time provisions of this
Agreement.
6. Independent Contractor. Contractor agrees that Contractor is an independent contractor and that neither
Contractor nor Contractor's agents or employees are, or shall be deemed to be, agents or employees of the
County for any purpose. Contractor shall have no authorization, express or implied, to bind the County to
any agreement, liability, or understanding. The parties agree that Contractor will not become an employee of
County, nor is Contractor entitled to any employee benefits from county as a result of the execution of this
Agreement.
7. Warranty. Contractor warrants that services performed under this Agreement will be performed in a
manner consistent with the professional standards governing such services and the provisions of this
Agreement.
8. Reports County Property. All reports, test results and all other tangible materials produced in connection
with the performance of this Agreement, whether or not such materials are in completed form, shall at all
times be considered the property of the County. Contractor shall not make use of such material for purposes
other than in connection with this Agreement without prior written approval of County.
9. Acceptance of Product not Waiver. Upon completion of the work, Contractor shall submit to County
originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of
reports and incidental material furnished under this Agreement shall not in any way relieve Contractor of
responsibility for the quality and accuracy of the work. Acceptance by the County of, or payment for, any
services performed under this Agreement shall not be construed as a waiver of any of the County's rights
under this Agreement or under the law generally.
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10. Insurance and Indemnification. Contractor shall defend and indemnify County, its officers and agents,
from and against loss or liability arising from Contractor's acts, errors or omissions in seeking to perform its
obligations under this Agreement. Contractor shall provide necessary workers' compensation insurance at
Contractor's own cost and expense.
11. 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. In the event of an early termination, Contractor shall be
paid for work performed up to the time of notice and County shall be entitled the use of all material
generated pursuant to this Agreement.
12. Non-Assignment. Contractor may not assign or transfer this Agreement, any interest therein or claim
thereunder, without the prior written approval of County.
13. Access to Records. County shall have access to Contractor's financial records as they relate to this
Agreement for 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.
14. Time of Essence. Time is of the essence in each and all of the provisions of this Agreement.
15. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to
deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause
beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood,
earthquakes or Governmental actions.
16. Notices. Any notice required to be given under this Agreement shall be in writing and shall be mailed or
delivered to the other party at that party's address as stated above.
17. Compliance. This Agreement and the provision of services hereunder shall be subject to the laws of
Colorado and be in accordance with the policies, procedures, and practices of County.
18. Non-Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other
Contractors or persons to perform services of the same or similar nature.
19. Certification. Contractor certifies that Contractor is not an illegal immigrant, and further, Contractor
represents, warrants, and agrees that it has verified that Contractor does not employ any illegal aliens. If it is
discovered that Contractor is an illegal immigrant, employs illegal aliens or subcontracts with illegal aliens,
County can terminate this Agreement and Contractor may be held liable for damages.
20. Entire Agreement/Modifications. This Agreement contains the entire agreement between the parties with
respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiation,
representation, and understanding or agreements with respect to the subject matter contained in this
Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both
parties.
21. Funding Contingency. No portion of this Agreement shall be deemed to create an obligation on the part of
County to expend funds not otherwise appropriated or budgeted for.
22. No Conflict. No employee of Contractor nor any member of Contractor's family shall serve on a County
Board, committee or hold any such position which either by rule, practice or action nominates, recommends,
supervises Contractor's operations, or authorizes funding to Contractor.
23. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable, this Agreement shall be construed and enforced without such provision, to the extent that
this Agreement is then capable of execution within the original intent of the parties.
24. Governmental Immunity. No portion of this Agreement shall be deemed to constitute a waiver of any
immunities the parties or their officers or employees may possess.
25. No Third party Beneficiary. It is expressly understood and 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
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to the undersigned' parties and nothing in this Agreement shall give ri 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 an incidental beneficiary only.
IN WITNESS WHEREOF,the parties have executed this Agreement as of the date and year written below.
Contract 's Sig ture:
Date ,yr
COUNTY OF WELD,STATE OF COLORADO
ttest By:
�Zh ir,BVard of Coun Commissioners
6104,1at 4174
De ty Clerk to the Board
SEP 2 9 2014
Date
APPROVED AS TO FORM:
County Attorney
APPROVED AS TO FUNDING:
aa 674261
Controller
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EXHIBIT A
Chaplain
Scope of Work
The Chaplain is responsible for the oversight of inmate religious programming to include, but not limited
to, recruitment, supervision, training and scheduling of both lay and clergy volunteers. The Chaplain will
assure equal status and protection of all religions. The Chaplain reviews and responds to all inmate
requests related to religious matters and accommodations, to include religious materials, practices and
diets. The Chaplain assists offenders with their spiritual needs, coordinates religious activities within the
facility, maintains open lines of communication with the faith communities and operates with the goal
of connecting inmates to community based faith groups upon their release. The Chaplain will insure all
religious activities and related decisions are consistent with constitutionally protected rights of
incarcerated inmates. Below is a list of essential job duties and requirements. (Refer to Weld County
Government Job Description for further details and responsibilities.) Other duties may also be assigned
as needed.
I. The Chaplain reports directly to the Inmate Services Director, Weld County Sheriff's Office. The
Chaplain will communicate effectively orally and in writing, maintain the trust and confidence of
superiors and follow all directives. The Chaplain will consult with, and regularly update, the Inmate
Services Director regarding all aspects of the religious program provided in the facility.
2. The Chaplain will be responsible to develop and maintain a comprehensive volunteer program.
-A volunteer file will be maintained for each active volunteer. The file will contain the following:
Volunteer Application, Criminal History Record, Volunteer Notification Contract, evidence of
orientation participation, training documentation, documentation of all contacts between the
Chaplain and volunteer, all performance corrective actions, the number of hours volunteered,
the dates and housing units of bible study groups conducted and the number of inmate
participants. Volunteer files will be audited annually by the Inmate Services Director for
compliance.
-The Chaplain will supervise all religious volunteers. Each volunteer will be contacted quarterly
at a minimum and four times annually. One of the quarterly contacts will include direct
observation of the volunteer conducting religious study with inmates. The other quarterly
contacts may be in person or by phone.The purpose of contacts is to determine if the volunteer
needs assistance, training, material content and presentation, has questions, issues needing to
be resolved or mentoring by the Chaplain. All contacts will be documented in the volunteer file.
-The Chaplain will facilitate updating Criminal History checks of each volunteer between
November 15th and December 1s` of each calendar year. The Chaplain will contact the
Inmate Services Director to complete Criminal History checks.
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-The Chaplain will verify and authorize all visiting community clergy entering the facility. Clergy
visits may be requested by clergy or an inmate. Inmates must have had an ongoing relationship
with said clergy person prior to coming into custody. Prior to authorizing clergy,the Chaplin will
obtain the following from the clergy: A copy of faith endorsement/licensure and a copy of state
driver's license. The Chaplin will verify clergy through religious organization. The Chaplain will
facilitate a Criminal History check by contacting the Inmate Services Director. The Chaplain will
provide an orientation session prior to authorizing clergy to meet with an inmate in a
professional visiting room.
-The Chaplain will maintain a current Volunteer Calendar. All volunteers are assigned to specific
housing units and housing unit assignments will be changed annually. The Chaplin will prepare
the Volunteer Calendar for the following year by December 15th of the current calendar year and
submit it to the Inmate Services Director for approval. Volunteers will be notified of housing
unit assignment changes to be implemented on January 1'` of each year.
-The Chaplain will provide two mandatory volunteer training sessions a year for all religious
volunteers. Agendas will be preapproved by the Inmate Services Director.
-The Chaplain will provide and conduct Volunteer Orientation sessions as needed. Orientations
will be preapproved by the Inmate Services Director.
-The Chaplain will facilitate an annual Volunteer Recognition Ceremony. The agenda and budget
for the ceremony will be preapproval by the Inmate Services Director.
3. The Chaplain will provide the following statistical reports to the Director of Inmate Services:
January 15m—previous year annual report summarizing the services volunteers provide to the
facility. The report includes, but is not limited to, the number of volunteers, hours of
service, number of inmates served, Chaplain services provided, summary of
accomplishments, and goals for the next year.
Quarterly-quarterly statistics to the Inmate Services Director regarding all services provided by
religious volunteers. The statistics will be due April 15`n, July 15th, October 15th and
January 15th for the preceding quarters. Statistics will include volunteer hours, number
of religious groups provided and the number of attendees.
15th of each month—monthly summary of chaplain services provided for the preceding month.
This report will be attached to "payment for services" and detail the number of religious
diets/accommodations investigated, outcome, number of inmate requests, type of
request and outcome, number of death notifications, number of bible studies
completed/attempted but not completed and reason, number of inmate crisis pastoral
counseling, faith based community contacts,volunteers contacted, training and
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orientation provided and other pertinent information regarding duties the Chaplain has
performed.
4.The Chaplain will accurately and thoroughly document all inmate contacts in the facility computer
system.All documentation will be completed on the date of service. Documentation content will be of
such quality sufficient to provide reasonable evidence enabling a future response to an inmate
grievance and/or to defend potential future inmate litigation.
-Religious accommodations-will be investigated within 48 hours,(excluding weekends
and holidays)including an interview of inmate,research of prior institutional history,
current information,theological reasons used for findings,information for determining
findings and recommendation. Documentation will be presented to Inmate Services for
review.
-If an inmate is approved for a religious diet,the Chaplain will be responsible for completing the
"Religious Diet Participation Agreement"and to monitor the inmate's compliance.All
monitoring will be documented in the facility computer system.If an inmate is non-compliant,
the Chaplain is responsible for completing the"Religious Diet Non-Compliance Report."
-All religious"material"(i.e.text)denied by the Chaplain will be noted on the Inmate
Request Form and documented in computer system with a thorough explanation as to
why the request was denied.
5.The Chaplin will develop and maintain working relationships with the faith based community and
religious organizations to achieve the goal of ongoing community support for inmates integrating back
to the community.The Chaplain will work with the faith based community to solicit donations of
religious material for all faiths.
6.The Chaplain will provide crisis,short term pastoral counseling when requested by an inmate or
facility staff.Pastoral counseling will not include mental health or substance abuse counseling.Inmates
with mental health or substance abuse counseling issues will be referred to the facility mental health
staff,JBBS staff or staffed with the Inmate Services Director.All pastoral counseling sessions will be
documented in the facility computer.
7.The Chaplain will directly provide religious studies for inmates in housing units where volunteers are
not allowed or cannot be accommodated.In these housing units,the Chaplain will provide no more
than two(2)religious studies per week per housing unit unless approved by the Inmate Service Director.
The ongoing goal should be recruiting volunteers when possible to provide this service.
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