HomeMy WebLinkAbout20121705.tiff RESOLUTION
RE: APPROVE TWO AGREEMENTS FOR COMMUNITY CORRECTIONS INTENSIVE
SUPERVISION PROGRAM (ISP) FOR 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)for 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, 2012, and ending June 30, 2013, 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) for 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.
Ct SS
. g-) 2 2012-1705
JS0004
AGREEMENTS FOR INMATE INTENSIVE SUPERVISION
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 9th day of July,A.D.,2012,nunc pro tunc July 1,2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,COLORADO
ATTEST:
Sean P.Conway,Chair
Weld County Clerk to the Board
EXCUSED
EL4 Will)am F.Garcia,Pr.-Tem
BY:
Deputy CI k to I e Bo..
:arbara Kirkmey
APPROVED AS TO FORM. ;'EXCUSED
U. `�
�] ,c David E.Long
Amt Coun ttorney c��.v����� �✓
Douglas Rademac er
Date of signature: -7"'Dt't
2012-1705
JS0004
Justice Services Division
1861 1008 9th Street- P.O. Box 758
Greeley, CO 80632
J Phone: (970) 336-7227
i Fax: (970) 392-4677
_GOTY '
MEMORANDUM
To: Board of County Commissioners
From: Doug Erler, Director
Re: Consider Intensive Supervision Program (ISP) Sub-Contracts with BI, Inc. and
Rocky Mountain Offender Management Systems, LLC.
Date: July 9, 2012
In accordance with your existing Master Contract with the State of Colorado, the Department of
Corrections, has exercised its option to renew for an additional term for services and in funding
at $90,000 for SFY 2012-2013.
Weld County sub-contracts to provide these services with private providers BI, Inc. and Rocky
Mountain Offender Management Systems, LLC. These agencies deliver local monitoring and
treatment 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 2% of these total funds (if
fully expended) for administrative support assistance.
The Weld County Attorney has reviewed and approved both sub-contracts. Your review and
approval is respectfully requested.
Thank you.
2012-1705
AGREEMENT FOR COMMUNITY CORRECTIONS
INTENSIVE SUPERVISION PROGRAM (ISP) FOR INMATES AND PAROLEES
THIS CONTRACT, is effective this 1 day of July 2012 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, Weld County (the "County") has entered into a contract with the State
of Colorado Department of Corrections to provide inmate intensive supervision program
services, and Department of Corrections parolees(the exact number 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,
2012, and ending June 30, 2013, 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 "B." The Contractor shall submit an
itemized monthly bill to the County's Justice Services Division personnel
1
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 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 $90,000 for the term from July
1, 2012 to June 30, 2013.
4. COMPLIANCE WITH CONTRACT 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 Contract 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 1008 9th Street, P.O. Box 758, Greeley, Colorado, 80632.
Contractor: Loren Grayer, Vice President, Community Based
Services Division, GEO Care, Inc. One Park Place, Suite 700, 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
here under 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
3
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 worker's or unemployment insurance benefits
unless the Contractor or a third party provides such coverage and that the
County does not pay for or otherwise provide such coverage. The Contractor
shall have no authorization, express or implied, to bind the 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 the 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. LIMITED LIABILITY: Except as specifically provided herein, BI provides the
services and equipment hereunder on an "as-is" and "as available" basis,
and excludes warranties of any kind, either implied or express, including
merchantability and fitness of the service or equipment for a particular
purpose. BI expressly disclaims any warranty that the service or equipment is
impervious to tampering. The foregoing does not affect any warranties that
cannot be excluded or limited under applicable law. In no event will BI, its
affiliated entities, or each of their respective Directors, Officers, Employees,
Agents, or Representatives be liable for any indirect, special, incidental or
consequential damages, even if BI had knowledge of the possibility of the
potential loss or damage, in connection with or arising out of the providing
performance, or use of the service or equipment provided under this
agreement..
4
IN WITNESS WHEREOF, the parties hereunto have executed this Agreement
on the day first above written.
Contractor: Board:
Behavioral Intervention, Inc. BOARD OF COUNTY
COMMISSIONERS WELD COUNTY,
COLORADO
BY: a BY: P
Loren Gra er, Vice President Sean P. Conway, Chair c 3
JUL 0 9 20O112
.1414 OW, 9.:2(42 ATTEST:
Federal I.D. # •
Weld County Clerk to the B 0A-8,;,1,\;41:2
SUBSCRIBED AND SWORN to before me
this d. da of June, 2012 �� p , (' . �a��
ga✓r aoe. Nobry Public Sdte of Florida BY: 1191: t y~>
Melissa Hesse Deputy Cler to the Board ='--
B My Commission DD995710
o o� Expires 0 517 012 0 11
WITNESS J/1V my hand official seal. APP S4rne
AS
•y
Notary Public
My commission expires: 523 Odom
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5
aC/d-/7D
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, youthful offender system("YOS"). All services provided shall be recorded
and documented within CWISE as they are performed ("real time").
ii. 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("Fee 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 Glucuronide("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.
Page 17 of 28
CMS#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.
H. 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.
I. 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 of 28
CMS#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 set forth
herein.
iii. Contractor shall make and maintain accounting and financial 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 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 D)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 of 28
CMS#43840
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. $25.00
One fee per offender per month.
Antabuse Monitor consumption of Antabuse with Breath Alcohol Test $3.00 per dose
(BAT)each.
Breathalyzer Administer Breathalyzer only. $1.00 per test
Medication Monitor medications. $1.50 per
Monitoring day
Urinalysis (UA) Supervised UA collection and analysis including $15.00 each
5-drug panel test with confirmation test if required and authorized by CPO thru C-
confirmations, and Ethyl WISE. At least two and no more than four per month are
Glucuronide("EtG") required.
screening
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. $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 $3.00 per day
($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.
Page 20 of 28
AGREEMENT FOR COMMUNITY CORRECTIONS
INTENSIVE SUPERVISION PROGRAM (ISP) FOR INMATES AND PAROLEES
THIS CONTRACT, is effective this G day of July 2012 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 entered into a contract with the State of Colorado
Department of Corrections to provide inmate intensive supervision program services,AND
Department of corrections parolees (the exact number 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,
2012, and ending June 30, 2013, 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
itemized monthly bill to the County's Justice Services Division
1
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 $90,000 for the term from July 1, 2012 to June 30, 2013.
4. COMPLIANCE WITH CONTRACT 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 contract 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.
7. MODIFICATION OF AGREEMENT: All modifications to this Agreement shall
2
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,
1008 9" Street, 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
employment taxes, income tax, and local head tax on any monies paid
pursuant to this Agreement. The Contractor acknowledges that its
3
employees are not entitled to worker's or unemployment insurance benefits
unless The Contractor or a third party provides such coverage and that the
County does not pay for or otherwise provide such coverage. The Contractor
shall have no authorization, express or implied, to bind the 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 the 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.
4
IN WITNESS WHEREOF, the parties hereunto have executed this Contract on the
day first above written.
Contractor Board:
Rocky Mountain Offender Management BOARD OF COUNTY
Systems, LLC. COMMISSIONERS, WELD COUNTY,
0-1
COLORADOBY. 1�" . BY:
� .
Dan Beeck, General Manager Sean P. Conway, Chair
`CH - (5-61 (2- 7 1 ATTEST: JUL 0 9
Federal I.D. #
Weld County Clerk to the Bo r 1.±}11r
r
SUBSCRIBED AND SWORN to before me ( '
this�3� day of June, 2012. BY:
Deputy Oterk to the Boa C)r, fC
f
WI ES m flan d official seal. APP F(S FORM:
SY: �.
o u i omey
My commission expires: /a •O2$ • 20/3
5
doia -� ��
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, youthful offender system ("YOS"). All services provided shall be recorded
and documented within CWISE as they are performed ("real time").
ii. 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("Fee 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 Glucuronide ("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 043840
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.
II. 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.
I. 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
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CMS 443840
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 set forth
herein.
iii. Contractor shall make and maintain accounting and financial 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 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 D) 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.
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CMS#43840
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. $25.00
One fee per offender per month.
Antabuse Monitor consumption of Antabuse with Breath Alcohol Test $3.00 per dose
(BAT)each.
Breathalyzer Administer Breathalyzer only. $1.00 per test
Medication Monitor medications. $1.50 per
Monitoring day
Urinalysis(UA) Supervised UA collection and analysis including $15.00 each
5-drug panel test with confirmation test if required and authorized by CPO thru C-
confirmations,and Ethyl WISE. At least two and no more than four per month are
Glucuronide("EtG") required.
screening
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. $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 $3.00 per day
($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.
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