HomeMy WebLinkAbout20111292 RESOLUTION
RE: APPROVE LEASE AGREEMENT AND AUTHORIZE CHAIR TO SIGN -
INTERVENTION, INC., DBA INTERVENTION COMMUNITY CORRECTIONS SERVICES
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 a Lease Agreement between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on
behalf of the Community Corrections Board, and Intervention, Inc., dba Intervention Community
Corrections Services, commencing July 1, 2011, and ending June 30, 2013, with further terms and
conditions being as stated in said lease agreement, and
WHEREAS, after review,the Board deems it advisable to approve said lease 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 Lease Agreement between the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County, on behalf of the Community
Corrections Board, and Intervention, Inc.,dba Intervention Community Corrections Services, be, and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said lease agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 23rd day of May, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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ATTEST: 13' f' �t.del+4 EXCUSED
�,,� Barbara Kirkmeyer, Chair
Weld County Clerk to th;BF isz
EXCUSED
Sean P. Conwa ,ro-Tem
Deputy Clerk o the Boar:�� �` l
m F. Garcia
APP A FORM: E
David E. Long, C air Pro-Tem
`_? ��ounty Attorney
ougla Rademac e
Date of signature: /407 /
C‘n`-,.m Crja 2011-1292
Liz -Le-II JS0002
Justice Services Division
18 6 I - 2 0 1 1 1008 9`h Street- P.O. Box 758
Greeley, CO 80632
Phone: (970) 336-7227
Fax: (970)392-4677
WEl_ ► O NTY
Memorandum
To: Board of County Commissioners
From: Doug Erler, Director
Re: Consider Lease Agreement and Sub-Contract with ICCS for ongoing community
corrections services and authorize Chair to sign
Date: May 23, 2011
County Attorney, Bruce Barker and I made certain updates and revisions to the two (2) above
noted documents. They were presented and discussed by you as a Board at an earlier Work
Session. The most notable changes include an increase of 7.5%to the Lease amount for SPY
2011-2012 with consideration to adjust further in SFY 2012-2013 and a two (2)year extension
to the term of the Lease and Sub-Contract. Both would go into effect on July 1, 2011. I met with
ICCS officials and they are in agreement with all changes made. The Lease Agreement and Sub-
Contract is now before you for your final review and approval.
Thank you.
2011-1292
LEASE AGREEMENT
THIS LEASE AGREEMENT is made and entered into this day of
2011, by and between the COUNTY OF WELD, a political subdivision of the State of Colorado,
by and through the Board of County Commissioners of the County of Weld, hereinafter referred
to as "Lessor," and INTERVENTION, INC. d.b.a. Intervention Community Corrections
Services ("ICCS"), a Colorado Nonprofit Corporation, hereinafter referred to as "Lessee."
This Lease Agreement sets forth the entire agreement between the Lessor and Lessee
with regard to the subject matter herein. This Lease Agreement herein, hereby supersedes all
prior lease agreements, and covenants, expressed or implied, oral or written, with respect to this
Lease Agreement.
WITNESSETH:
That in consideration of the keeping and performance of the covenants and agreements
by Lessee, hereinafter set forth, Lessor hereby leases unto Lessee the Weld County Community
Corrections Facility, located at 1101 H Street, Greeley, CO 80631, hereinafter referred to as "the
Facility" or "the Leased Premises." Lessor and Lessee understand that the Facility shall consist
of a housing unit for up to two-hundred twenty-eight (228) male and/or female offenders
(otherwise referred to as residents). Use of the Facility shall be for the operation of a community
corrections program and related services. Such use shall include access to and around the Leased
Premises, including parking and recreational areas, for residents, visitors and associated
personnel of Lessee.
1. Lessee, in consideration of the leasing of the aforesaid Facility, covenants and agrees, as
follows:
a. To pay rent to Lessor at the following rates:
i. For the period 2011-2012, Twenty Two Thousand and Six Thirty One and 00/100 dollars
per month ($22, 631).
ii. For the period 2012-2013, monthly rent shall be determined by projected utility costs of
the facility, depreciation of the building, and any additional maintenance costs incurred
by the county, and the previous year's rent may be increased accordingly, but in no event
shall the increase exceed 10%, with said rental rate being communicated to Lessee no
later than May 1, 2012.
iii. All rental amounts set forth above shall include all electric, water and gas utility usage
by Lessee. Rent will be paid on the first day of each month for the leased days in that
month. All rent shall be made payable to "Weld County, Colorado," at offices designated
by Lessor.
b. To be responsible to pay for and provide all meals to residents. Lessee shall also arrange for the
provision, stocking and maintenance of all vending machines located on the Leased Premises.
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c. To use reasonable and ordinary care when using the Facility. Lessee shall be responsible for
damage to the Facility and furnishings provided by Lessor therein that is outside of or in
addition to what is considered to be reasonable wear and tear. Lessee shall not use the Facility in
such a way to cause disorderly conduct, noise or nuisance. Lessee shall not install any signage,
window lettering or other forms of advertising in or around the Leased Premises, unless
approved by the Lessor. Lessee may post temporary signs in the Facility according to Lessee's
operational needs. All requests by Lessee to erect wall hangings and bulletin boards may be
submitted to the Weld County Justice Services Division ("Justice Services") for evaluation of
necessity and final determination by Lessor.
d. To sublet no part of the Facility.
e. Unless otherwise approved by Lessor, to use the Facility for no purposes other than conducting
the business of a community corrections program. A community corrections program shall be
defined as a program that provides the Courts, the Department of Corrections, and the State
Board of Parole with more flexibility and a broader range of correctional options, to include
residential or non-residential supervision and services of and for offenders under the jurisdiction
of such entities. Lessee shall adhere to all provisions of the Colorado Community Corrections
Standards as promulgated by the State of Colorado, Department of Public Safety, Division of
Criminal Justice, and Office of Community Corrections. Furthermore, Lessee shall adhere to all
requirements of its sub-contract with the Board of County Commissioners of Weld County to
provide community correctional services. The provision of "out-client" services by Lessor at
the Facility will be allowed only if determined by Lessor to be acceptable in accordance with
zoning requirements. Out-Client services may include monitored sobriety/screening related
services. Housing of offender populations in addition to diversion, transition, and parole
offenders as defined in the sub-contract with Lessee shall be allowed upon prior approval by the
Weld County Community Corrections Board and the Board of County Commissioners of Weld
County.
f. To keep the Leased Premises in a clean and sanitary condition, and to maintain the Leased
Premises "smoke free" (except in those areas specifically designated outside where smoking is
allowed). Cleanliness at the Facility shall meet reasonable and ordinary standards for a
community corrections facility. The Lessor's Buildings and Grounds Division ("B&G
Division") and Justice Services Division shall conduct periodic, "no-notice" inspections of the
Facility to determine if this standard of cleanliness is being met. Issues of cleanliness shall be
documented and addressed to Lessee for correction within five (5) calendar days. Lessee shall
arrange and pay for onsite, easily accessible trash removal services. Any material modification
to the Facility shall require approval from Lessor, with the issuance of appropriate building
permits, if necessary. All requests for material modification to the Facility shall be submitted to
Justice Services for evaluation of necessity and final determination by Lessor.
g. To allow Lessor, at any hour of the day or night, to enter into or upon the Facility. Lessor shall
provide professional courtesy when entering the Facility for inspections and/or maintenance by
endeavoring to contact Lessee's staff prior to such entry. Lessor shall have the authority to
inspect the Facility to ensure that the terms and conditions of this Lease Agreement are being
met. Inspections regarding compliance with State standards for operations of the community
corrections program shall be conducted by Justice Services' staff and/or designees of Lessor.
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h. Lessee shall provide necessary office equipment, furniture, and furnishings not otherwise placed
by Lessor into service within the Facility as previously listed as Exhibit "A" from previous
Lease Agreement between Lessor and Lessee. Items on this exhibit shall remain in effect for this
Agreement.
Lessee shall provide network connectivity, internet and cable services through a provider, which
is independent of Lessor's network; Lessee is not permitted access to Lessor's network. In
addition, Lessee is solely responsible for the procurement of and payment for technical support
required to support its network; Lessor has no responsibility for technical support for Lessee's
network. Lessee is solely responsible to provide for its own computer and telephone related
hardware. This requirement includes Lessee's providing all telephones and/or cell phones that
Lessee will need during the term of the lease for Lessee's use in its operations. Lessee shall
assume full financial responsibility for the repair of damage to any cable, jack, or other item of
equipment in the Facility. All repair and maintenance work to Lessee's network connectivity,
internet and/or cable services must be performed by a County approved third party vendor, and
if needed scheduled by a Weld County representative. Upon termination of this Lease, Lessor
will insure that all cable and data jacks are in working order. Lessee is financially responsible
for all expenses associated with any required repair. Lessor may require the Lessee to comply
with further necessary network connectivity requirements to satisfy Lessor's information
technology ("ACS") and/or County Phone Services specifications.
j. To be solely responsible for the coordination of and/or access to all medical care provided to the
residents at the Facility, and to be solely responsible for administering basic first aid and/or CPR
for said residents. Lessee shall also be responsible to store and dispense any medications needed
by residents at the Facility.
k. Unless otherwise deemed by Lessor, Lessee shall be responsible for the cost of all repairs to the
Facility, including the building, fixtures, equipment and furnishings, which are required by
damage directly caused by offenders, residents, visitors and/or Lessee personnel misuse, abuse,
and criminal acts.
Lessee shall use its best efforts to ensure the extended life of the Facility. Such methods and
maintenance shall include, without limitation: regularly inspecting for signs of rust or peeling;
inspecting and repainting walls when chipping or peeling is overtly evident; inspecting areas for
rust or corrosion; inspecting caulking around applicable lights and penetrations; checking for
proper placement and recharging of fire extinguishers every 12 months. Lessee agrees not to
engage in any material construction, renovation, and repair or maintenance work of the Facility
(interior, exterior and/or structural) without first obtaining the approval of Lessor to the plans
and specifications for such work. In such event, the work shall be performed subject to the
following conditions:
i. Lessee shall be responsible for obtaining all required approval from Lessor. Requests shall
be submitted to Justice Services for evaluation of necessity and final determination by Lessor.
ii. All work shall be done in a good and professional manner and in compliance with the
applicable building and zoning laws, and with other applicable codes, laws, ordinances,
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orders, rules, regulations and requirements of all federal, state and municipal
governments and the appropriate departments, boards and offices thereof and shall be
subject to Lessor's reasonable acceptance. If such work is not done in a manner, which is
reasonably acceptable to Lessor, Lessor shall have the right to correct such work, and
Lessee shall pay the cost and expense of such correction to Lessor immediately upon
demand by Lessor.
iii. All work done by the Lessee, in or to the Facility shall be at Lessee's sole cost and
expense and Lessee shall be wholly responsible to all contractors, subcontractors,
laborers and material personnel therefore. Lessee shall pay for all or any of the
foregoing so that no lien shall be asserted against the Facility.
iv. All work made, done, and/or constructed in the Facility by Lessee shall become the
property of Lessor at the termination of this Lease and shall remain in the Facility and be
surrendered with the Facility.
v. Lessee shall obtain prior consent of Lessor to engage in general maintenance activities
for the Facility. Upon initial consent, Lessee shall not be required to inform Lessor of
ongoing general maintenance activities unless for cause by Lessee or Lessor. All such
activities shall be conducted at Lessee's sole cost and expense.
1. To provide a one-time deposit in the amount of five thousand dollars ($5,000), non-collaterally
transferable from any and all previous covenants, agreements or leases thereof, to cover the cost
of repairs described in paragraph 1. k., above. For the purpose of this Lease Agreement, Lessor
has received said deposit.
m. To provide all staff required for the supervision of all offenders, residents and visitors in the
Facility.
n. Lessee is solely responsible for providing the program and management required of a
community corrections facility; except as specifically set forth in this Lease Agreement. Lessor
shall be under no obligation to provide services relating to the operation of a community
corrections program, unless expressly agreed upon by both parties and for matters deemed
necessary to carry forth this Lease.
o. Lessee agrees to indemnify and hold harmless Lessor, its employees and agents, from any and
all claims, suits, expenses, damages or other liabilities, including reasonable attorney fees and
court costs arising out of damage or injury to persons, entities or property caused or sustained by
any person or persons as a result or any intentional or negligent act(s) by Lessor or Lessee, or by
any of the offenders, residents and visitors held and/or receiving services at the Facility.
P. Lessee agrees to abide by all applicable laws and regulations or any governmental entity, board
(including the Community Corrections Board of Weld County), commission or agency having
jurisdiction over the leased premises.
q. Lessee shall procure and maintain comprehensive public liability insurance providing coverage
from any and all loss occasioned by an accident or casualty on or about the Leased Premises.
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Said liability policy shall be written on an "occurrence basis" with limits of not less than
$1,000,000 bodily injury liability coverage and $600,000 property damage liability coverage,
naming Lessee as the insured. "Weld County, the Board of County Commissioners of Weld
County, its employees and agents," shall also be listed as additional named insured on all such
policies. Said coverage may be partially satisfied through the insurance coverage requirements
of the Lessee's sub-contract with Lessor through its Community Corrections Board.
Certificate(s) for the required insurance shall be delivered to Lessor on or before the effective
date of this Lease Agreement, and shall provide that the insurance cannot be cancelled or
modified without the written consent of Lessor. The Facility shall be insured by Lessee for
replacement or repair in the event of catastrophic loss.
r. Lessee shall develop and sustain a Continuation of Operations Plan ("COOP") in conjunction
with and/or defined by the Board, Community Corrections Board, the Weld County
Continuation of Government ("COG") Team, the DOC, SJB, Parole Board and/or Justice
Services. This plan may require emergency use of the Facility for purposes defined by the Board
and in coordination with Lessee.
s. Lessee shall protect Lessor and save and hold it harmless from any and all third party claims and
damages that may directly or indirectly be caused by the operation of a community corrections
program in the leased Facility, and further agrees to indemnify and save harmless Lessor, its
successors, assigns, employees and agents from any damage or injuries sustained by them to the
extent caused by Lessee's negligence.
t. Lessee understands and agrees that this Lease is subject to all applicable terms and conditions
set forth in the Master Contract by and between the State of Colorado, Department of Public
Safety and its Division of Criminal Justice, and the Board of Commissioners of Weld County,
on behalf of the Community Corrections Board, and all applicable terms and conditions set forth
in the agreement for the provision of community corrections services between the Lessor and
Lessee of even date herewith.
u. Lessee shall provide pillows, sheets, portable personal storage containers, totes, and blankets.
All such property shall remain the property of the Lessee.
v. Lessee shall provide all cleaning chemicals and supplies, vacuum cleaners, paper towels, mops,
mop buckets, brooms, ice removal materials, paper recycle bins (and pickup services) and
dispensed soap. All such property that is unused at the end of the lease period shall be the
property of the Lessee.
w. Lessee shall arrange for the provision of and maintenance for commercial laundry equipment at
the Facility, including detergents, which may include coin-operated machines, for resident use
within the Facility. All income derived therefrom shall go to the Lessee. All laundry services
for the Facility, including for linens and blankets, shall be the responsibility of the Lessee.
x. Lessee shall provide snow removal for all sidewalks and entrances to the Facility.
y. Vending Services (i.e. snacks, soda) and/or change machines shall be at the sole discretion of the
Lessee.
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2. Lessor, in consideration of the lease payments received for the lease of the Facility,
covenants and agrees, as follows:
a. Lessor shall provide the furnishings, pay phones, keys, and DVR/security systems listed in
original Exhibit A in previous Lease Agreement with Lessee.
b. Lessor shall pay for and maintain all utilities, heating, ventilation, and air conditioning. Lessor
shall provide pest control and basic lawn care/landscape services necessary to properly upkeep
the Facility. Lessor shall provide snow removal and ice melt for the parking lot, only.
c. Computer/telephone cabling and jacks within the Facility shall be available for Lessee's network
and telephones only as approved by ACS and Phone Services serving Lessor.
d. Lessee shall contact the Weld County Sheriffs Office and/or the Greeley Police Department to
determine which entity, as part of their normal duties, shall provide necessary security control
for the perimeter of the Facility.
e. Lessee shall request of the Greeley Police Department to transport non-compliant offenders,
residents terminated from the program to the Weld County Jail.
f. Lessor shall allow Lessee personnel and approved visitors of Lessee to park vehicles on the
parking lot of the Leased Premises. Parking of vehicles shall be for business purposes only.
Trailers, boats, recreational vehicles or unregistered vehicles shall not be allowed on any of the
Leased Premises, unless specifically approved by the Lessor. Vehicles must be parked in an
orderly fashion. No vehicle maintenance may be performed on the premises of the Facility
assigned to the Lessee. The Lessor, at the Lessee's expense, may remove disabled vehicles and
unregistered vehicles at any time. Parking, pick up or drop off of any personnel, offenders,
residents or persons associated by the Lessee shall only be permitted from within the designated
parking areas around the facility. No parking or pick up/drop off activities of any kind shall
occur alongside H Street or 11th Avenue.
g. Lessor's computer/telephone room shall be reserved for Lessor's server and/or equipment, only.
Access to the computer/telephone room by other than approved personnel of Lessor shall not be
allowed. Camera/DVR equipment for security systems in the Facility shall be provided and
maintained by Lessor. Access to such equipment shall be restricted to Lessor; however, Lessee
shall have access to the images stored thereon for the purposes of maintaining security in the
Facility.
h. Installation of landline pay phones for use by the residents shall be provided by the Lessor, with
a pre-approved percentage of all income derived therefrom going to Lessor. Lessee shall request
pre-paid phone cards for its offenders, residents with Lessor's Justice Services Division. Justice
Services shall process all requests with Lessor's sub-contractor of pay phones as well as process
all associated funds.
i. Lessor shall perform maintenance and repairs related to the Facility, equipment and furnishings
within the Facility when it is clear that said work is beyond the scope of work of Lessee, as
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stated in Section 1.k of this lease. Lessee shall inform Justice Services that such services are
needed. Justice Services personnel shall enter an electronic work order(s) to the B&G Division
("B&G Work Order") describing work needed. In the event of an after normal business hours
emergency, Lessee shall directly inform the B&G Division. All requests shall be processed in
order of priority.
Furthermore, the parties hereto agree as follows:
Except as required for the performance of Lessor's obligations, when Lessor's personnel are
required, Lessee shall provide all personnel needed to operate the Facility, and to provide the
services required to operate a community corrections facility. No Weld County employees shall
perform services related to the operations of the Facility as a community corrections program.
2. That no assent, express or implied, to any breach of any one or more of the covenants or
agreements hereof shall be deemed or taken to be a waiver or any succeeding or other breach;
3. Lessee and Lessor acknowledge that a pre-occupancy inspection was already completed.
Defects or condition(s) found during this inspection were documented in writing and
photographed when necessary;
4. At lease termination, Lessor and Lessee shall complete a post-occupancy inspection. Any post-
occupancy defects or condition(s) found shall be documented in writing and photographed.
Documentation relating to the pre and post-occupancy inspections shall be the basis for the
resolution of any disputes relating to Lessee's responsibility for repairs under this Lease. Where
applicable, the deposit required in Section 1.1., above, may be drawn upon by Lessor to cover
such expenses.
5. The duration of this lease shall be for two (2) years, commencing on the 1st day of July 2011,
through the 30th day of June 2013, renewed for an additional term upon the written consent of
both parties and contingent upon funding from the Department of Public Safety, Division of
Criminal Justice. Lessee or Lessor may terminate this Lease Agreement earlier upon a ninety
(90) day written notice.
6. No portion of this Lease Agreement shall be deemed to constitute a waiver of any immunities the
parties or their officers or employees may possess, nor shall any portion of this Lease Agreement
be deemed to have created a duty of care that did not previously exist with respect to any person
not a party to this Lease Agreement.
7. It is expressly understood and agreed that the enforcement of the terms and conditions of this
Lease Agreement, and all rights of action relating to such enforcement, shall be strictly reserved
to the undersigned parties, and nothing in this Lease Agreement shall give or allow any claim or
right of action whatsoever by any persons not included in this Agreement. It is the express
intention of the undersigned parties that any entity or person(s) other than the undersigned
parties, who receive services or benefits under the terms of this Lease Agreement, shall be
incidental beneficiaries only.
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8. If any term or provision of this Lease Agreement shall be held by a Court of competent
jurisdiction contrary to law or otherwise invalid or unenforceable, the remaining provisions of
this Lease Agreement shall remain in full force and effect and shall be deemed valid and
enforceable to the extent permitted by law.
9. It is expressly understood by the parties to this agreement that nothing in this Lease Agreement
shall be deemed to make Lessor a partner, agent associate or joint venture with Lessee in the
conduct of Lessee's business, it being expressly understood and agreed that the relationship
between the parties hereto is and shall at all time remain solely that of Lessor and Lessee.
IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals the
day and year first written above.
LESSOR:
ATTEST: "fie-ar COUNTY OF WELD, a political Weld County
Clerk to the Board subdivision of the ST�A'TE OF COLORADO:slida
i flBy: r //./_ .. ►mod/./. �.o� ' 1 I
Deputy Clerk t.'he Board 0t .44 2 �� David E. Long, Acting hair Pro-Tem
Board of Commissioners,
County of Weld 1.� MAY 2 2 2011
4-aUTA I
LESSEE:
INTERVENTION, INC. /
INTERVENTION COMMUNITY CORRECTIONS SERVICES (ICCS)
By:
elly enberger, President M
SUBSCRIBED AND SWORN to before me this 1/ day of may
WITNESS my hand and official seal.
/ >>jP>" NOT ..IPC,'
Notary ublic .
9'<t,OGRE IG.• O
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