HomeMy WebLinkAbout20131644.tiffRESOLUTION
RE: APPROVE TWO AGREEMENTS FOR COMMUNITY CORRECTIONS INTENSIVE
SUPERVISION PROGRAM (ISP) SERVICES FOR CERTAIN INMATES AND PAROLEES
WITH VARIOUS PROVIDERS AND AUTHORIZE CHAIR 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 two Agreements for the Community
Corrections Intensive Supervision Program (ISP) Services for Certain Inmates and Parolees
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
the following providers, commencing July 1, 2013, and ending June 30, 2014, with further terms and
conditions being as stated in said agreements, and
1. Behavioral Interventions, Inc.
2. Rocky Mountain Offender Management Systems, LLC
WHEREAS, after review, the Board deems it advisable to approve said agreements, copies
of which are attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the two Agreements for the Community Corrections Intensive Supervision
Program (ISP) Services for Certain Inmates and Parolees 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 the above listed providers be, and hereby are,
approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreements.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 1st day of July, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: iSae JS
Weld County to the Boa
APPFJ OV
Date of signature: 7�b
EXCUSED
Will,m F. Garcia, Cttgy
topai Ain
Douglas Rademacher, Pro-Tem
Sean P. Conway
Mike Freeman
orney
Barbara Kirkmeye,
CC; a'S(bre
%46-4.3
—I
2013-1644
JS0004
MEMORANDUM
Justice Services Division
915 10th Street, #334
P.O. Box 758
Greeley, CO 80632
Phone: (970) 336-7227
Fax: (970) 392-4677
RECEWED
JUN 2 a5 2Q13
To: Board of County Commissioners Wt
WELD COUNTY
C
From: Doug Erler, Director
Re: Consider Agreements for Intensive Supervision Program (ISP) services for certain
inmates and parolees with BI, Inc. and Rocky Mountain Offender Management
Systems, LLC. and authorize Chair to sign.
Date: July 1, 2013
In accordance with the master contract with the State of Colorado, the Department of
Corrections, is exercising its option to continue services and in funding at $55,000 for SFY
2013-2014.
Weld County sub -contracts via these Agreements to provide ISP services with private providers
BI, Inc. and Rocky Mountain Offender Management Systems, LLC. These agencies deliver local
monitoring and treatment support services to persons under the care of the Department of
Corrections; they then process monthly billings to our Division of which we review, approve and
process on behalf of the Weld County Community Corrections Board. Weld County retains a
certain percentage of funds for this administrative support assistance.
These Agreements were presented to you at an earlier Work Session and County Attorney,
Bruce Barker has also reviewed them. Your review and approval is respectfully requested.
Thank you.
2013-1644
AGREEMENT FOR
INTENSIVE SUPERVISION PROGRAM (ISP) SERVICES FOR CERTAIN INMATES
AND PAROLEES
THIS AGREEMENT, is effective this 1 day of July 2013 by and between the
Board of Commissioners of Weld County ("the Board"), PO Box 758 Greeley, CO 80632 on
behalf of Weld County Community Corrections Board, ("Community Corrections Board")
and Behavioral Interventions, Inc., ("BI, Inc.") a wholly owned subsidiary of GEO Care Inc.
and whose local services address is 819 9th Street, Greeley, CO 80631 hereinafter referred
to as "The Contractor."
WITNESSETH:
WHEREAS, the County has an ongoing contract with the State of Colorado
Department of Corrections to provide inmate and parolee intensive supervision program
services, (the exact number of inmates or parolees to be determined by the State of
Colorado parole officer), hereto and referred to herein as Exhibit "A", and
WHEREAS, the County is in need of professional services for said program and BI,
Inc. 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 Contractor for the inmate and parole 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,
2013, and ending June 30, 2014, 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 Contractor to
designated Department of Corrections inmates and parolees, with such
services being described in Exhibit "A." The Contractor agrees to provide
such services in compliance with all of the terms, conditions, and
requirements stated in Exhibit "A."
3. PAYMENT FOR SERVICES: Payment for services rendered by The
Contractor pursuant to this Agreement shall be in accordance with the
payment provisions set forth in Exhibit "A." The Contractor shall submit an
I
oeo/3 - /4 ziLf
itemized monthly bill to the County's Justice Services Division personnel
serving the Community Corrections Board 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
may result in BI, Inc. 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 "A."
The County shall not be billed for, and reimbursement shall not be made for,
time involved in activities outside of those defined in Exhibit "A". Such billing
from all vendors shall not exceed $55,000 for the term from July 1, 2013 to
June 30, 2014.
4. COMPLIANCE WITH AGREEMENT REQUIREMENTS: The Contractor
agrees to comply with all requirements of the "Contractor" stated in Exhibit
"A", as if the Contractor 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 10 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 Contractor shall provide to the County proof of liability
insurance maintained at all times during the term of this Agreement for
$150,000 per person, $600,000 per occurrence, naming the Board of
Commissioners of Weld County and its employees and agents as Additional
Named Insured. The Contractor shall also provide to the County proof of
worker's compensation and unemployment compensation insurance as
required by the provisions of Section 13, below.
2
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 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: Doug Erler, Director, Weld County Justice Services
Division 915 10th Street, Room 334, P.O. Box 758, Greeley,
Colorado, 80632.
Contractor: Loren A. Grayer, Divisional Vice President, c/o: The
GEO Group, Inc. One Park Place, Suite 500, 621 Northwest 53rd
Street Boca Raton, Florida 33487
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: BI, Inc. shall perform the services
hereunder and the requirements set forth in Exhibit "A" as an independent
contractor. Neither The Contractor nor any agent or employee of The
3
Contractor shall be deemed an agent or employee of the County or of the
State of Colorado. The Contractor shall pay when due all required
employment taxes, income tax, and local head tax on any monies paid
pursuant to this Agreement. The Contractor acknowledges that its
employees are not entitled to workers or unemployment insurance benefits
unless the Contractor or a third party provides such coverage and that Weld
County does not pay for or otherwise provide such coverage. The Contractor
shall have no authorization, express or implied, to bind Weld County to any
agreement, liability, or understanding except as expressly set forth herein.
The Contractor shall provide and keep in force worker's compensation and
unemployment insurance (and show to Weld County proof of such
insurance) in the amounts required by law, and shall be solely responsible for
the acts of the Contractor, it employees and agents.
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.
15. FUNDING CONTINGENCY. No portion of this Agreement shall be
deemed to create an obligation on the part of the Community Corrections
Board to expend funds not otherwise appropriated or budgeted for.
4
IN WITNESS WHEREOF, the parties hereunto have executed this Agreement
on the day first above written.
Contractor:
Behavioral Intervention, Inc.
Board:
BOARD OF COUNTY
COMMISSIONERS WELD COUNTY,
COLORADO
BY: I vU„ BYs
Loren A. Gr yer, Divisional Vice President Douglas Rade acher, Chair Pro-tem
(JUL 0 12013
O71)99,10
Federal I.D. #
SUBSCRIBED AND SWORN to before me
this 9, day of June, 2013
a Notary Public Stab of RondeMelissa Hasse
� I My Commission 00995713
"•q„ Expires 05/30/2014
WITNESS my hand and official seal.
Notary Public
My commission expires: 5)3U //44_
5
ATTEST:
Weld County Clerk to the B
BY:
Deputy Cle'' to the Boar
APPROVED AS TO FORM:
BY:
;ast- `County t`torney
V
i3-/4,yY
CMS #43840
EXHIBIT A - STATEMENT OF WORK
1. GENERAL DESCRIPTION
The State is authorized by CRS § 17-27.5-101(1) (C), to administer and execute Contracts with units of
local government, corrections boards, or non -governmental agencies for the provision of Intensive
Supervision Program ("ISP") services for all assigned DOC offenders.
2. CONTRACTOR'S OBLIGATIONS
A. Services.
i. Contractor shall provide the following services to parole and community offender populations
(inmate, parolees, youthfld offender system ("YOS"). All services provided shall be recorded
and documented within CWISE as they are performed ("real time").
It.. Services are authorized and terminated only by the Supervising Community Parole Officer, as
generated within CWISE. Contractor shall provide only those services requested on the most
current CWISE referral.
iii. All permitted and agreed upon costs for services are set forth in Exhibit B ("Pee schedule").
iv. DOC will make payment only for referred services rendered. Service fees shall not exceed the
amount set forth in Exhibit B. If the offender is arrested or absconds and no services are
rendered thereafter, Contractor shall not invoice for payment, and DOC will make no payment
for the offender thereafter.
B. Monitored Antabuse Service.
Prescription Antabuse medication shall be provided by the offender and stored by the Contractor
and made available as prescribed to the offender, and the offender shall ingest such medication after
providing a negative Breath Alcohol Test ("BAT") while being monitored by Contractor.
C. Breath Alcohol Testing.
Contractor shall engage in random sampling and testing to measure each offender's blood alcohol
content through breath sampling, utilizing acceptable and calibrated instrumentation.
D. Case Management Meeting.
Contractor shall conduct a face to face meeting between Contractor's case manager and the
offender, on an as -needed basis, at the direction of the Community Parole Officer ("CPO"), not to
exceed two per calendar month ("Case Management Meeting"). The Case Management Meeting
should include employment and treatment verification.
E. Urinalysis (UA).
Contractor shall conduct Urinalysis testing of offenders at a frequency of at least two and no more
than four per month. Analysis of urine specimens shall include, at minimum a 5 -drug panel test with
confirmations, and Ethyl Olucuronide ("EtO") screening. Contractor's staff of the same gender shall
visually observe the Urinalysis sample collection. In the event the 5 -drug panel Urinalysis test is
positive for unauthorized substances, Contractor shall preserve the sample pending a CWISE
directive from the CPO as to whether a confirming test is desired. Contractor shall conduct
confirmation tests without additional reimbursement under this Contract.
F. Drug Patches.
Contractor shall utilize patches administered on skin for detection of substance abuse. Contractor
shall evaluate the patch at least once per week, and replace the patch every 2 weeks or when a
positive sample is indicated, whichever is soonest. The Contractor's staff who administers the
patches shall monitor for tampering and for whether the results are positive or negative.
Page 17 of 28
CMS f/43840
G. Oral Swabs.
Contractor shall utilize oral swab testing, which consists of taking a saliva sample via a testing swab
of the inside of the mouth of the offender, to detect the use of controlled substances or alcohol. Any
positive reading requires a qualitative Urinalysis test to be conducted at the cost of the Contractor.
In the event the Urinalysis is positive for unauthorized substances, Contractor shall preserve the
sample pending a CWISE directive from the CPO as to whether a confirming test Is required.
IL Pass Point.
Contractor shall utilize pass point testing, which utilizes ocular measurement of the central nervous
system, for the purpose of screening for the presence of eleven (11) different drugs including
alcohol, at least once weekly. Any positive reading requires a qualitative Urinalysis test to be
conducted at the cost of the Contractor. In the event the Urinalysis is positive for unauthorized
substances, Contractor shall preserve the sample pending a CWISE directive from the CPO as to
whether a confirming test is required.
L Monitoring Medications.
This service includes the monitoring of medical and psychiatric medications in accordance with the
prescriptions of the community health provider of the DOC.
J Offender paid fees.
Contractor may directly charge offenders the amount set forth in Exhibit B for each day on which
services are provided unless the offender is receiving support from the Division for indigent
services. Contractor shall not invoice, charge, or bill DOC for this daily offender fee.
3. Personnel
A. Responsible Administrator
Contractor's performance hereunder shall be under the direct supervision of an employee or agent of
Contractor, which name(s) shall be provided to the State per §16 designated as the responsible
administrator or key personnel of this Contract.
4. Acceptance Criteria
A. Annual and Final Report(s)
B. Annual Report Due Date(s) July 31.
C. Final Report Due Date: 30 days after contract is expired or terminated.
D. Reporting Recipient: DOC Contract Administrator
5. Payments
Payments shall be made in accordance with the provisions set forth in the Contract, §7 and this
Exhibit A. To ensure prompt payment by the State for services provided in the billing month, no
later than the 5th of the following month, Contractor shall approve services provided in CWISE.
Administration Fee: The community corrections board ("Board"), or the unit of local government
that established the Board, may invoice the State up to two percent (2%) on the actual amounts
billed as an administrative fee. This fee is in addition to the maximum service rate of $175.00 per
offender per month. This amount is included in the encumbered amount set forth in the Contract, §
7(A), Maximum Amount, and this Exhibit A, with approved service providers and administer
payments to subcontractors for up to two percent (2%) of the funds. Boards shall keep financial
records documenting the receipt and expenditures for all administrative funds. Such records shall be
maintained for a period of five years following the Contract period.
6. Administrative Requirements
A. Accounting
Page 18 of28
CMS 1/43840
i. At all times from the Effective Date of this Contract until completion of the Work, Contractor
shall maintain properly segregated books of State Contract Funds, matching funds, and other
funds associated with the Work.
ii. All receipts and expenditures associated with the Work shall be documented in a detailed and
specific manner, and shall accord with the authorized scope of work for the Work as sot forth
herein.
iii. Contractor shall make and maintain accounting and financial books and records documenting its
performance under the Contract fin a form consistent with good accounting praoticcs.
7. HIPAA
Health Insurance Portability & Accountability Act of 1999 ("HIPAA"): Federal law and regulations
governing the privacy of certain health information requires a "Business Associate Contract" between
the State and the Contractor and/or Subcontractor. 45 C.F.R. Section 164.504(e). Attached and
incorporated herein by reference and agreed to by the parties is a HIPAA Business Associate Addendum
(Exhibit I)) for HIPAA compliance. Terms of the Addendum shall be considered binding upon
execution of this contract and shall remain In effect during the term of the contract including any
extensions. in the event that the Contractor will not be receiving any Protected Health Information from
the State but the Contractor's subcontractors will, then only such subcontractors will be required to
execute Business Associate Addendums with the state.
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
Page 19 of2S
CMS f143840
EXHIBIT B - ISP SUPPORT SERVICES FEE SCHEDULE
Available Support Services and Support Service Fees for ISP Offenders.
Service
Description
Cost
C -WISE Data Entry
Document all provided services within C -WISE system.
One fee per offender per month.
$25.00
Antabuse
Monitor consumption of Antabuse with Breath Alcohol Test
(BAT) each.
$3.00 per dose
Breathalyzer
Administer Breathalyzer only.
$1.00 per test
Medication
Monitoring
Monitor medications.
$1.50 per
day
Urinalysis (UA)
5 -drug panel test with
confirmations, and Ethyl
Glucuronide ("EtG")
screening
Supervised UA collection and analysis including
confirmation test if required and authorized by CPO thru C -
WISE. At least two and no more than four per month are
required.
$15.00 each
Drug Patch
Administer and monitor Drug Patch.
$25.00 each
Oral Swabs
Administer Oral Swabs.
$7.00 each
Pass Point
Administer Pass Point test.
$5.00 each
Case Management
Face to face contact with the offender documented in C -WISE.
No more than 2 per month may be authorized by the CPO.
$10.00 each
Payment will only be made for referred services rendered and shall not exceed $175.00
per offender per month,
Offender Fees
Contractor may directly charge offenders up to Three Dollars
($3) for each day on which services are provided unless the
offender is receiving support from the Division for indigent
services. Contractor shall not invoice, charge, or bill DOC for
this daily offender fee.
$3.00 per day
Page 20 of 28
AGREEMENT FOR
INTENSIVE SUPERVISION PROGRAM (ISP) SERVICES FOR CERTAIN INMATES
AND PAROLEES
THIS AGREEMENT, is effective this 1 day of July 2013 by and between the
Board of Commissioners of Weld County ("the Board"), PO Box 758, Greeley, CO 80632
on behalf of Weld County Community Corrections Board, ("Community Corrections Board")
and Rocky Mountain Offender Management Systems LLC, ("RMOMS"), whose local
services address is 800 8th Avenue, Suite 100, Greeley, CO 80631 hereinafter referred to
as "The Contractor."
WITNESSETH:
WHEREAS, Weld County has an ongoing into a contract with the State of Colorado
Department of Corrections to provide inmate and parolee intensive supervision program
services, (the exact number of inmates or parolees to be determined by the State of
Colorado parole officer),a copy of which is attached hereto and referred to herein as
Exhibit "A", and
WHEREAS, the County is in need of professional services for said program and
RMOMS, 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 Contractor 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,
2013, and ending June 30, 2014, 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 Contractor to
Department of Corrections inmates and parolees, with such services being
described in Exhibit "A." The Contractor agrees to provide such services in
compliance with all of the terms, conditions, and requirements stated in
Exhibit "A."
3. PAYMENT FOR SERVICES: Payment for services rendered by The
Contractor pursuant to this Agreement shall be in accordance with the
payment provisions set forth in Exhibit "B." The Contractor shall submit an
1
ago/3 -/&L/Y
itemized monthly bill to the County's Justice Services Division
Administrative Coordinator, serving the Community Corrections Board 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 material terms of this Agreement may result in RMOMS 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 "A." The County shall not be billed
for, and reimbursement shall not be made for, time involved in activities
outside of those defined in Exhibit "A". Such billing from all vendors shall not
exceed $55,000 for the term from July 1, 2013 to June 30, 2014.
4. COMPLIANCE WITH AGREEMENT REQUIREMENTS: The Contractor
agrees to comply with all requirements of the "Contractor" stated in Exhibit
"A", as if the Contractor 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 10 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: Upon request by the County, the Contractor shall provide to
the County proof of liability insurance maintained at all times during the term
of this Agreement for $150,000 per person, $600,000 per occurrence,
naming the Board of Commissioners of Weld County and its employees and
agents as Additional Named Insured. The Contractor shall also provide to
the County proof of worker's compensation and unemployment
compensation insurance as required by the provisions of Section 13, below.
2
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 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:
Count r: Doug Erler, Director, Weld County Justice Services Division,
915 10 Street, Room 334, P.O. Box 758 Greeley, Colorado, 80632.
Contractor: Dan Beeck, General Manager 8787 Turnpike Drive
#120, Westminster, CO 80031
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: RMOMS, shall perform the services
hereunder and the requirements set forth in Exhibit "A" as an independent
contractor. Neither the Contractor nor any agent or employee of the
Contractor shall be deemed an agent or employee of the County or of the
State of Colorado. The Contractor shall pay when due all required
3
employment taxes, income tax, and local head tax on any monies paid
pursuant to this Agreement. The Contractor acknowledges that its
employees are not entitled to workers or unemployment insurance benefits
unless The Contractor or a third party provides such coverage and that Weld
County does not pay for or otherwise provide such coverage. The Contractor
shall have no authorization, express or implied, to bind Weld County to any
agreement, liability, or understanding except as expressly set forth herein.
The Contractor shall provide and keep in force worker's compensation and
unemployment insurance (and show to Weld County proof of such
insurance) in the amounts required by law, and shall be solely responsible for
the acts of the Contractor, it employees and agents.
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.
15. FUNDING CONTINGENCY. No portion of this Agreement shall be
deemed to create an obligation on the part of the Community Corrections
Board to expend funds not otherwise appropriated or budgeted for.
4
IN WITNESS WHEREOF, the parties hereunto have executed this Agreement on
the day first above written.
Contractor:
Rocky Mountain Offender Management
Systems, LLC.
BY: ® .J- A- PS
Dan Beeck, General Manager
cal - /51:112 1.4
Federal I.D. #
SUBS ROBED AND SWORN to before me
this lssr- day of June, 2013. BY:
Board:
BOARD OF COUNTY
COMMISSIONERS, WELD COUNTY,
COLORADO
BY
Douglas` Rademacher, Chair Pro-tem
ATTEST:
Weld County Clerk to the B
WIT ESS : v ^ - u d and official seal. APPROVED AS TO FORM:
ERIKA POTTER
NOTARY PUBLIC
STATE OF COLORADO
My Commission Expires 07/10/2016
5
BY: / kAnkV
kik. County to.rney
JUL 0 12013
096/3-A0V2(
CMS f143840
EXHIBIT A - STATEMENT OF WORK
1. GENERAL DESCRIPTION
The State is authorized by CRS §l7-27.5401(1) (C), to administer and execute Contracts with units of
local government, corrections boards, or non -governmental agencies for the provision of Intensive
Supervision Program ("ISP") services for all assigned DOC offenders.
2. CONTRACTOR'S OBLIGATIONS
A. Services.
f Contractor shall provide the following services to parole and community offender populations
(inmate, parolees, youthful offender system ("YOS"). All services provided shall be recorded
and documented within CWISE as they are performed ("real time").
IL Services are authorized and terminated only by the Supervising Community Parole Officer, as
generated within CWISE. Contractor shall provide only those services requested on the most
current CWISE referral.
III. All permitted and agreed upon costs fbr services are set forth In Exhibit B ("Pee schedule").
iv. DOC will make payment only for referred services rendered. Service fees shall not exceed the
amount set forth in Exhibit B. If the offender is arrested or absconds and no services are
rendered thereafter, Contractor shall not Invoice for payment, and DOC will make no payment
for the offender thereafter.
B. Monitored Antabuse Service.
Prescription Antabuse medication shall be provided by the offender and stored by the Contractor
and made available as prescribed to the offbnder, and the offender shall ingest such medication after
providing a negative Breath Alcohol Test ("BAT") while being monitored by Contractor.
C. Breath Alcohol Testing.
Contractor shall engage in random sampling and testing to measure each offender's blood alcohol
content through breath sampling, utilizing acceptable and calibrated instrumentation.
D. Case Management Meeting.
Contractor shall conduct a face to face meeting between Contractor's case manager and the
offender, on an as -needed basis, at the direction of the Community Parole Officer ("CPO"), not to
exceed two per calendar month ("Case Management Meeting"). The Case Management Meeting
should include employment and treatment verification.
E. Urinalysis (UA).
Contractor shall conduct Urinalysis testing of offenders at a frequency of at least two and no more
than four per month. Analysis of urine specimens shall include, at minimum a 5 -drug panel test with
confirmations, and Ethyl Giucuronide ("EtG") screening. Contractor's staff of the same gender shall
visually observe the Urinalysis sample collection. In the event the 5 -drug panel Urinalysis test is
positive for unauthorized substances, Contractor shall preserve the sample pending a CWISE
directive from the CPO as to whether a confirming test is desired. Contractor shall conduct
confirmation tests without additional reimbursement under this Contract.
F. Drug Patches.
Contractor shall utilize patches administered on skin for detection of substance abuse. Contractor
shall evaluate the patch at least once per week, and replace the patch every 2 weeks or when a
positive sample is indicated, whichever is soonest. The Contractor's staff who administers the
patches shall monitor for tampering and for whether the results are positive or negative.
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CMS ff43840
G. Oral Swabs.
Contractor shall utilize oral swab testing, which consists of taking a saliva sample via a testing swab
of the inside of the mouth of the offbnder, to detect the use of controlled substances or alcohol. Any
positive reading requires a qualitative Urinalysis test to be conducted at the cost of the Contractor.
In the event the Urinalysis is positive for unauthorized substances, Contractor shall preserve the
sample pending a CWISE directive from the CPO as to whether a confirming test is required.
IL Pass Point.
Contractor shall utilize pass point testing, which utilizes ocular measurement of the central nervous
system, for the purpose of screening for the presence of eleven (11) difibrent drugs including
alcohol, at least once weekly. Any positive reading requires a qualitative Urinalysis test to be
conducted at the cost of the Contractor. In the event the Urinalysis is positive for unauthorized
substances, Contractor shall preserve the sample pending a CWISE directive from the CPO as to
whether a confirming test is required.
L Monitoring Medications.
This service includes the monitoring of medical and psychiatric medications in accordance with the
prescriptions of the community health provider of the DOC.
J. Offender paid fees.
Contractor may directly charge offenders the amount set forth in Exhibit B for each day on which
services are provided unless the offender is receiving support from the Divisjonfor indigent
services. Contractor shall not invoice, charge, or bill DOC for this daily offender fbe.
3. Personnel
A. Responsible Administrator
Contractor's performance hereunder shall be under the direct supervision of an employee or agent of
Contractor, which name(s) shall be provided to the State per §16 designated as the responsible
administrator or key personnel of this Contract.
4. Acceptance Criteria
A. Annual and Final Report(s)
B. Annual Report Due Date(s) July 31.
C. Final Report Due Date: 30 days after contract is expired or terminated.
D. Reporting Recipient: DOC Contract Administrator
5. Payments
Payments shall be made in accordance with the provisions set forth in the Contract, §7 and this
Exhibit A. To ensure prompt payment by the State for services provided in the billing month, no
later than the 5th of the following month, Contractor shall approve services provided in CWISE,
Administration Fee: The community corrections board ("Board"), or the unit of local government
that established the Board, may invoice the State up to two percent (2%) on the actual amounts
billed as an administrative fee. This fee is in addition to the maximum service rate of $175.00 per
offender per month. This amount is included in the encumbered amount set forth in the Contract, §
7(A), Maximum Amount, and this Exhibit A, with approved service providers and administer
payments to subcontractors for up to two percent (2%) of the funds. Boards shall keep financial
records documenting the receipt and expenditures for all administrative funds. Such records shall be
maintained for a period of five years following the Contract period.
6. Administrative Requirements
A. Accounting
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I. At all times from the Effective Date of this Contract until completion of the Work, Contractor
shall maintain properly segregated books of State Contract Funds, matching funds, and other
funds associated with the Work.
H. All receipts and expenditures associated with the Work shall be documented in a detailed and
specific manner, and shall accord with the authorized scope of work for the Work as set forth
herein.
iii. Contractor shall make and maintain accounting and finanoial books and records documenting its
performance under the Contract in a form consistent with good accounting practices.
7. HIPAA
Health Insurance Portability & Accountability Act of 1999 ("HIPAA"): Federal law and regulations
governing the privacy of certain health inibnnation requires a "Business Associate Contract" between
the State and the Contractor and/or Subcontractor. 45 C.F.R. Section 164,504(e). Attached and
incorporated herein by reference and agreed to by the patties is a HIPAA Business Associate Addendum
(Exhibit O) for HIPAA compliance. Terms of the Addendum shall bo considered binding upon
execution of this contract and shall remain in effect during the term of the contract Including any
extensions. In the event that the Contractor will not be receiving any Protected Health Information from
the State but the Contractor's subcontractors will, than only such subcontractors will be required to
execute Business Associate Addendums with the state.
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CMS x-43840
EXHIBIT B - ISP SUPPORT SERVICES FEE SCHEDULE
Available Support Services and Support Service Fees for [SP Offenders.
Service
C -WISE Data Entry
Descri Lion _
Document all provided services within C -WISE system.
One fee per offender per month,
Cost
$25.00
Antabuse
Monitor consumption of Antabuse with Breath Alcohol Test $3.00 per d'sc
(BAT) each.
Breathalyzer
Administer Breathalyzer only.
$1.00 per tei
Medication
Monitoring
Monitor medications.
$1.50 per
day
Urinalysis (UA)
5 -drug panel test with
confirmations, and Ethyl
Glucuronide ("EtG")
screening
Drug Patch
Supervised UA collection and analysis including $15.00 each
confirmation test if required and authorized by CPO thru C -
WISE. At least two and no more than four per month are
required.
Administer and monitor Drug Patch.
$25.00 each
Oral Swabs
Administer Oral Swabs.
$7.00 each
Pass Point
Administer Pass Point test,
Case Management
$5.00 each
Pace to face contact with the offender documented in C -WISE. $10.00 each
No more than 2 per month may be authorized by the CPO.
Payment will only be made for referred services rendered and shall not exceed $175.00
per offender per month.
Offender Fees
Contractor may directly charge offenders up to Three Dollars
($3) for each day on which services are provided unless the
offender is receiving support from the Division for indigent
services. Contractor shall not invoice, charge, or bill DOC for
this daily offender fee.
$3.00 per day
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