HomeMy WebLinkAbout20111802.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR ELECTRONIC MONITORING EQUIPMENT AND
SERVICES AND AUTHORIZE CHAIR TO SIGN - BI, INC.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Agreement for Electronic Monitoring
Equipment and Services 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 Sheriff's Office,
and BI, Inc., commencing June 5, 2011, and ending December 31, 2011, to renew automatically
each year through December 31, 2014, with further terms and conditions being as stated in said
agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a
copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Agreement for Electronic Monitoring Equipment and Services
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 Sheriff's Office, and BI, Inc. be,
and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 25th day of July, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: EXCUSED
Barbara Kirkmeyer, Chair
Weld County Clerk to the Board
an P. Con Pro-Tem
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AGREEMENT FOR ELECTRONIC MONITORING EQUIPMENT AND SERVICES FOR THE
WELD COUNTY SHERIFF'S OFFICE
Scope of Agreement
(a) It is understood that this document("Contract"), shall constitute the scope of this agreement ("Agreement").
For the purposes of this Agreement, the County shall be understood to be the sole obligor anyplace where
agreement places an obligation on County.
(b) BI agrees to perform all acts and services and comply with all duties and promises as described in this
Agreement.
(c) The County agrees to perform all acts and services and comply with all duties and promises as described in
this Agreement.
(d) This Contract is entered into in accordance with all laws, regulations and rulings governing the County of
Weld.
(e) Each offender is referred to BI by the process developed by the County. Offenders will be under the direct
supervision of the Weld County Sheriff's Office. In the event that an offender is unsuccessfully discharged
from the program, the offender's case will be returned to the jurisdiction of County.
Term and Termination
The term of this contract shall be from June 5, 2011 through December 31, 2011 and, subject to the
satisfaction and concurrence of both parties, renew annually each year thereafter through December 31, 2014.
(a) Termination for Cause: In the event BI fails to comply with the terms of this Contract or its proposal or the
RFP,the County agrees that it will provide written notice to BI representatives of BI's default under this
Agreement. BI shall remedy the default to the satisfaction of the County within thirty (30) days of receipt of
written notification of same. Failure of BI or its staff to remedy the default within thirty (30) days of receipt of
written notice of default will entitle the County to terminate this contract by sending BI written notice of
termination. The County shall pay BI for all services received as of the date of termination. Upon termination,
the County shall be released from any obligation to pay any additional monies to BI for services under the
Agreement or otherwise comply with the terms of this Contract.
In the event BI believes the County is in default under this Agreement, BI representatives agree that they will
provide written notice of same to the County and the County shall have thirty (30) days in which to remedy the
defect. In the event the County fails to remedy the default within thirty (30) days of receipt of written
notification of the same, BI may terminate this agreement by providing written notice of termination. For a
period of ninety(90) days following termination, BI agrees that it shall cooperate with reasonable requests from
the County related to transition services to an alternate provider.
(b) Termination Without Cause: The Contract may be canceled by either party provided a sixty(60) day
written notice is given to the other party. Written notice to the County must be sent to the Weld County Board
of County Commissioners, with copies to the Sheriff and Director of Finance.
Pricing
BI offers both an agency-pay program that allows Client Managers and County personnel to monitor offenders
directly through BI's monitoring systems, along with an offender-funded program which results in no cost to
the County. Both options offer BI's reliable, 24x7x365 technical support from the BI GuardCenter.
(a) Agency-Funded GPS Program: County staff are responsible for equipment installations,
•
deinstallations, data entry, equipment inventory, and alert management.
(b) Offender-Funded Home Detention Program: Local BI staff is responsible for a variety of case
management functions. This program includes a full-service supervision office managed by BI's current
Greeley team. This program is described in Schedule B, which is attached hereto and incorporated
herein.
Indemnification
Indemnification by the County. The County cannot and by this agreement does not agree to indemnify, hold
harmless, exonerate or assume the defense of the respondent or any other person or entity whatsoever, for any
purpose whatsoever.
BI shall defend, indemnify and hold harmless the County, its officers, agents and employees from any and all
claims, demands, suits, actions or proceedings of any kind or nature whatsoever("Claims"), including workers'
compensation claims, in any way resulting from or arising out of this Agreement; provided, however, that BI
need not indemnify or save harmless the County, its officers, agents and employees from Claims resulting from
the negligence of the County's officers, agents and employees.
No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of
the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act
§§24-10-101 et seq., as applicable now or hereafter amended.
Force Maleure
BI shall not be liable for any delay in the performance or nonperformance which is due to causes beyond BI's
control, including, but not limited to, war, fire, floods, sabotage, civil unrest, strikes, embargoes or delays, acts
of God, acts of third parties, acts of governmental authority or any agent or commission thereof, accident,
breakdown of equipment, telecommunications services—both wireless and wire systems, including cell phones,
pagers, and the like, differences with employees or similar or dissimilar causes beyond BI's reasonable control.
Service Conditions
Agency recognizes and acknowledges that information is transmitted via third-party telecommunications
service providers. BI makes no representations or warranties regarding carriage of information over any
communications medium not directly controlled by BI, including, but not limited to, wireless and "land-line"
telecommunications services. Further, BI shall not be liable for any interruption of service or non-transfer of
information due to interruptions,temporary downage or other failure to any system that is not directly in BI's
control. BI agrees to notify Agency as soon as is practicable in the event BI Equipment is not operational due to
any such interruption.
Proof of Insurance
BI shall provide proof of and the required limits of liability insurance, including workers' compensation. This
proof of insurance must be in the form of a"Certificate of Insurance" and must show coverage in the amounts
specified by the laws of the State of Colorado for the duration of the Contract. Additionally, the County must be
notified of any changes occurring in this coverage. BI must demonstrate to County that such changes do not in
any way effect the minimum liability insurance required for this Contract.
Compliance With All Federal, State and Local Regulations
BI agrees that it shall operate and manage the Day Reporting Center in accordance with all federal, state and
local regulations. Furthermore, BI affirmatively asserts that it shall honor all privacy statutes and maintain
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adequate privacy policies and otherwise comply with all corrections standards and statutes as constitutionally
required by both federal and state authorities. Furthermore, BI agrees that it shall operate its facilities in
accordance with all locally imposed regulations as amended from time to time.
Entire Agreement
This Contract, constitutes the entire Agreement between BI and the County. No variation or modification of the
Agreement shall be valid unless in writing and signed by the duly authorized representatives of the parties and
attached as an amendment hereto.
In consideration of the promises set forth in this Contract and for other good and valuable consideration, receipt
of which is hereby acknowledged, the aforementioned parties mutually concur and have affected this
concurrence by affixing their duly authorized signatures.
BI INCORPORATED
—1161
Jul/ O, mil/
(Date)
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
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F. Sean P. Conway Chair Pro-Tern
Weld County Clerk to the B and .14.-...:1E LS JUL 2 5 2011
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BY:
Deputy Cle to the Board -,
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SCHEDULE A
AGENCY-FUNDED GPS PROGRAM
The Agency-Pay program includes direct monitoring services through BI's national call center, the BI
GuardCenter. Under this program, County is responsible for maintaining a spare inventory level and conducting
all compliance reporting, case management, and operations through BI's proprietary monitoring software,
TotalAccess. County is responsible for alert management, offender enrollment, data entry, inventory
management, reporting, case management, equipment troubleshooting, and data management. However, this
program still incorporates 24x7x365 technical support from BI's national monitoring center.
1. DEFINITIONS
1.1 Client: A person sentenced and subject to Agency's electronic monitoring programs.
1.2 Equipment: BI manufactured products including, but not limited to, Field Monitoring Devices,
Transmitters, Drive-BI Monitors, Alcohol Monitoring Devices, as well as third party products provided
by BI.
1.3 Unit: BI manufactured Field Monitoring Device ("FMD") together with a BI radio frequency transmitter
("Transmitter").
1.4 Supplies: Straps, latches, and batteries for the BI Transmitter.
1.5 Alert Condition: An occurrence requiring BI to provide information to Agency, as further set forth in
Section 2.
1.6 Authorized Personnel: Those persons selected by Agency who are authorized to enroll Clients and
select or adjust Notification Options.
1.7 Notification Options: Predefined parameters selected by Agency that instruct BI on how to respond to
and notify Agency of an Alert Condition.
2. SERVICES AND RESPONSIBILITIES OF BI
2.1 Training. BI will provide initial on-site training for Agency staff at no charge prior to the
commencement of the monitoring program. The training shall be divided into classroom-type and
practical hands-on instruction. Agency may choose to expand this training into additional and/or
periodic training in accordance with the Additional Training terms in Exhibit A, which is attached to,
and hereby made a part of, this Agreement. Actual out of pocket expenses for all additional and/or
periodic training, including one BI staff person's travel, room, board, and miscellaneous expenses will
be borne by Agency.
2.2 TotalAccess Training: BI will provide an initial TotalAccess training session at no cost to the Agency,
and Additional Training upon request in accordance with Exhibit A. All TotalAccess training sessions
shall be conducted via a remote service such as web conferencing.
2.3 Monitoring Services: BI will provide the following monitoring services to Agency for Agency's
operation of an electronic home detention monitoring program. The monitoring services provided
hereunder are specifically designed to determine, by electronic means, the presence of a person at a
specified location(typically that person's place of residence).
2.4 BI will provide notification of Alert Conditions to authorized and identified Agency staff Alert
notification will be in accordance with the Agency Notification Form.
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2.5 Alert Condition and Equipment status information for each Client will be documented and maintained
by BI. Upon a Client's completion of the monitoring term, BI will archive a termination record of all
monitoring data compiled during the monitoring term and will maintain this record for a period of no
less than five (5) years from the date of each Client's termination. BI will maintain a Client Activity
Record five (5) years from the start of the Client's monitoring term.
2.6 BI will assume the financial responsibility of all communication charges associated with Unit and
central host computer communications.
2.7 TotalAccess is a secure and password protected application that supports the BI continuum of radio
frequency, GPS, and alcohol monitoring equipment. TotalAccess is available 24 hours a day, 7 days a
week, and 365 days a year from any web-enabled computer or a properly configured PDA. In
TotalAccess, users are able to:
• Enroll and inactivate clients from the system,
• View and process alerts,
• View, enter and modify data including zones, schedules, and client demographics,
• Create, run, schedule, and download reports,
• Enter procedures for responding to violations and customize violation notifications, and
• Combine events to control alert notification.
Within the TotalAccess platform, users specify how they want to be notified of violations and alerts.
Officers can choose to be notified via email, fax and/or page (text message) based on alert priority level
and escalation procedures.
Agency shall select notification settings and procedures by completing an Agency Notification Form.
Agency may receive automated notifications in the following formats, which can be delivered
simultaneously or in a times escalation format: email, text to mobile device (pager, cell phone, PDA),
and Fax. BI won't start service until a signed Alert Notification form is received by BI.
2.8 Agency Support: BI will make reasonable efforts to provide Agency with answers to specific Agency
support requests as related to the Equipment, to include court hearings in connection to the reliability,
validity and efficacy of the equipment and/or services. •
2.9 Rental Maintenance: BI shall maintain the Equipment at its expense. Maintenance will be performed
at BI's facility. Notwithstanding such obligation, unless otherwise specified in Exhibit A, Agency shall
be responsible for lost or missing Equipment and/or the cost of required repairs necessitated by (i)
Agency's negligence or (ii) the damage or destruction of the Equipment by parties other than BI.
Agency shall also be responsible for the replacement costs of lost or missing Equipment.
3. EQUIPMENT
3.1 Supplied by BI: In the event Agency utilizes BI supplied Units and other Equipment, then BI shall
supply a sufficient quantity of Units to meet Agency's need subject to forty-eight (48) hour notice prior
to shipment. Agency agrees that it shall assist BI in forecasting its Unit needs. All Units or other
Equipment supplied by BI shall be subject to all charges set forth in Section 6, as applicable.
Agencies utilizing BI supplied Equipment shall be entitled to receive, at no additional charge, a
reasonable quantity of Supplies and a reasonable quantity of installation kits (Unit activator, lead cutter,
alien driver)to maintain Agency's active monitoring program.
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Inspection of Equipment. Upon providing written notice at least two (2) business days prior, BI shall
have the right to enter on the premises where the Equipment may be located during normal business
hours for the purpose of inspecting it, observing its use, or conducting an inventory.
3.2 Supplied by Agency: Agency may, subject to prior approval by BI, supply its own Units or equipment
to be utilized hereunder. Any such Unit or item of equipment must be compatible with BI's host
computer monitoring system. Units and/or equipment supplied by Agency will not be subject to the
rental charges set forth in Section 6.1 and/or Section 6.2. All other charges as set forth in Section 6 are
considered applicable and are payable by Agency in accordance with the terms and conditions set forth
in Section 6. In no event is Agency entitled to Unit supplies (batteries, latches, and straps) if it is
supplying Units and/or Equipment hereunder.
3.3 Freight: The freight costs for shipment shall be borne by BI.
4. MONITORING SYSTEM
4.1 The monitoring system utilized hereunder is an active monitoring system consisting of a Transmitter, an
FMD, and BI's central host computer system. Units are issued to the Clients by the Agency. The central
host computer system is located in BI's offices. The Units communicate with the host computer system
through the Client's standard telephone service.
4.2 System Maintenance: Agency acknowledges that BI must perform periodic maintenance on the host
computer system. During the performance of this maintenance, the system may be required to be
temporarily `off-line'. Agency will be notified in advance of any such situation.
5. AGENCY'S OBLIGATIONS.
5.1 to retain complete authority for Client selection and alert management;
5.2 to be responsible for all liaison work with the involved courts and/or agencies;
5.3 to provide BI with an Agency Level Notification Form signed by an authorized representative;
5.4 to identify Authorized Personnel;
5.5 to provide to BI all required Client information, including, but not limited to, assigned Equipment,
demographic information, curfew schedules, and monitoring information;
5.6 to identify and make available Agency staff and/or equipment (fax, pager) for the purpose of notification
by BI to Agency of alerts and Equipment status problems;
5.7 to perform or oversee orientation and installation of Equipment in compliance with BI policy. BI policy
establishes a specifically correct method of Equipment installation. Orientation, in accordance with BI
policy, establishes Equipment use guidelines. In the event that BI assumes liability for lost, stolen, or
damaged Units, Agency will ensure that Equipment responsibility forms are signed by the Clients.
5.8 to establish an Alert Condition response policy and to respond to Alert Condition notifications in
accordance with that policy;
5.9 to protect and secure Agency access codes; and
5.10 to ensure that users have completed training in access and use of the TotalAccess System.
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6. COST OF SERVICES
6.1 Unit Rental Charge: For every Unit or additional items of Equipment provided to Agency by BI, Agency
shall pay to BI rent for each day in any given month that a Unit or additional item of Equipment is in
Agency's possession (the "Unit Rental Charge"). The Unit Rental Charge is as set forth on Exhibit A.
6.2 Monitoring Service Charge: For the purposes of this Agreement, an Active Unit is defined as a Unit
which is assigned to a Client and is being monitored by BI (an "Active Unit"). An Active Unit Day is
defined as any day, or any portion thereof, in which there is an Active Unit (an "Active Unit Day").
Every Active Unit is subject to a daily charge, the "Monitoring Service Charge", as set forth in Exhibit
A. For every Active Day, Agency shall pay to BI an amount based upon the Monitoring Service
Charge.
6.3 Net 30: BI will invoice Agency on a monthly basis for all charges incurred during the month. Payment
shall be made by Agency to BI within thirty (30) days of receipt of BI's invoice. Interest on any amount
which is past due shall accrue at the rate of 1-1/2% per month, or if such rate exceeds the maximum rate
allowed by law, then at such maximum rate, and shall be payable on demand.
7. OWNERSHIP--CONFIDENTIALITY/NONDISCLOSURE OBLIGATIONS
7.1 BI shall retain all ownership interests in all parts of the ExacuTrack Service. All rights owned by BI that
are not granted by this Agreement, including the right to derivative works, are reserved to BI. The
Licensed Software, Documentation, and any and all copies thereof, whether in whole or in part, whether
made by BI or anyone else, and all rights, powers and privileges which arise out of this Agreement are,
and shall remain at all times, the sole and exclusive property of BI. Nothing contained in this
Agreement shall be deemed to convey to Agency any title or ownership interest in the Licensed
Software, Documentation and rights, powers and privileges that arise out of this Agreement. Agency
shall not directly or indirectly dispute or contest the validity of BI's rights to the Licensed Software.
7.2 Agency further understands, acknowledges, and agrees that certain aspects of the Licensed Software are
BI's trade secrets. These include, but are not limited to,the following: system design, modular program
structure, system logic flow, file content, video and report format, coding techniques and routines, file
handling, video screen and data entry handling, and report and/or form generation. Agency agrees to
hold in confidence and not disclose to any party, other than authorized employees, the Licensed
Software, Documentation or any trade secrets of BI.
7.3 BI will issue Agency a login ID and a password for use in accessing the System and the specific Client
information for that Agency. The confidentiality of the ExacuTrack Service and Client information is
dependent upon Agency's careful control of the login ID and password. Agency agrees to maintain its
password as private and confidential information and to take all reasonable measures to maintain the
careful control and security of the login ID and password and the Licensed Software, and shall not allow
parties, except authorized employees or contractors of the Agency, access to the Licensed Software or
any of its component parts. In this regard, Agency agrees that each employee or contractor, to be
authorized to work with or to have access in any way to the Licensed Software, Documentation, or trade
secrets hereunder, shall agree to be bound by the confidentiality, nondisclosure, use, and copying
restrictions of this Agreement. Agency agrees to notify BI immediately of the existence of any
circumstances surrounding any unauthorized knowledge, possession, or use of the login ID and
password, Licensed Software or any part thereof by any person or entity. BI is not responsible for
breaches in security resulting from third party access to Agency's password.
7.4 Agency shall not itself and also shall not knowingly permit any of its employees, subcontractors, or
sublicenses to alter, maintain, enhance, or otherwise modify any part of the ExacuTrack Service, other
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than strictly to input, access and update information relating to Clients, as permitted by this Agreement.
Agency shall not reverse engineer, reverse compile, reverse assemble or do any other operation or
analysis with the Service or the System or associated software, hardware, and technology that would
reveal any of BI's confidential information, trade secrets, or technology.
7.5 Agency agrees not to make any attempt to gain any unauthorized access to any other Agency's or user's
account or to the systems, networks or databases of System other than Agency's specific Client
information as specifically permitted herein. Violations of the System security system are prohibited
and could result in criminal and civil liability.
7.6 During the term of this Agreement or at any time thereafter, the Agency, its employees, agents and
subcontractors; shall not, divulge, communicate or utilize, other than in the performance of Agency's
obligations under this Agreement, any Confidential Information which Agency's or such person has
acquired or may acquire, whether technical or non-technical, relating to the business and affairs of BI,
including without limitation the ExacuTrack Service and related documentation.
8. SOFTWARE LICENSE INDEMNIFICATION
8.1 BI shall indemnify Agency against the liabilities and costs arising from the infringement by the Licensed
Software of any United States copyright or patent, or from the infringement of the trademark, trade
secret, or unfair competition rights of a third party, provided that Agency promptly notifies BI in writing
of the suit or any claim of infringement and that BI is permitted to control fully the defense and
settlement of any claim or suit. Agency shall have the right, at its own expense, to appear through
counsel of its own choosing.
8.2 BI shall have the right to settle any such claim or suit at its discretion and may procure the right to
continue using the software at issue or substitute alternative substantially equivalent non-infringing
software, computer programs and supporting documentation.
8.3 BI shall have no liability for any claim or suit based on any United States copyright or patent, or the
trademark, trade secret, or unfair competition rights of a third party based on any modification done to
the Licensed Software by the Agency.
8.4 Agency agrees to indemnify and hold BI and its employees, agents, and contractors, harmless from any
and all claims of third parties resulting from or incidental to the Agency's use or operation of the
Licensed Software.
8.5 Agency will not assign, sublicense, or otherwise transfer any of its rights under this Agreement or the
license granted hereby without prior written consent of BI.
9. LIMITATION OF LIABILITY
9.1 Agency will be responsible for the proper use, management and supervision of the Equipment. Agency
agrees that BI will not be liable for any damages caused by Agency's failure to fulfill these
responsibilities
9.2 Disclaimer of Warranty: EXCEPT AS SPECIFICALLY PROVIDED HEREIN, BI EXCLUDES THE
WARRANTIES OF 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
WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED.
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9.3 Damages: WITH REGARDS TO ONLY THIS PORTION OF THE AGREEMENT, SCHEDULE A
AGENCY-FUNDED GPS PROGRAM, IN NO EVENT WILL BI BE LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES TO THE COUNTY, EVEN IF BI
HAS KNOWLEDGE OF THE POSSIBILITY OF THE POTENTIAL LOSS OR DAMAGE, SO LONG
AS BI PROMPTLY NOTIFIED THE COUNTY OF SUCH KNOWLEDGE, IN CONNECTION WITH
OR ARISING OUT OF THE PROVIDING, PERFORMANCE, OR USE OF THE SERVICE OR
EQUIPMENT PROVIDED UNDER THIS AGREEMENT.
9.4 Acts: IN NO EVENT DOES BI ASSUME ANY RESPONSIBILITY OR LIABILITY FOR ACTS
THAT MAY BE COMMITTED BY PERSONS AND/OR CLIENTS THAT ARE SUBJECT TO
AGENCY'S ELECTRONIC MONITORING PROGRAM.
Because BI does not approve those persons and/or Clients subject to Agency's electronic monitoring
program, Agency agrees to indemnify BI from and against all liability resulting from the acts committed
by those persons subject to its electronic monitoring program.
The term "liability" includes but is not limited to legal fees and expenses, penalties and interest.
This indemnification provision shall remain in effect even if(a) Agency has made full payment under
this Agreement; or (b) this Agreement is terminated.
10. GENERAL
10.1 Each party is obligated to protect the proprietary rights and trade secrets which must be revealed
during the course of business. Such obligation shall be for the term of the Agreement and five (5)
years thereafter. Protection shall be interpreted as against the use of such information in a way
deemed detrimental to the other party. Publicly available information shall not be considered
proprietary.
10.2 This Agreement is limited in its scope to its defined purpose. It in no way implies that either party has
specific knowledge or bears responsibility for the business practices of the other party. All business
practices and contract compliance outside the defined conditions of this Agreement and authorized
amendments are the sole responsibility of each party.
10.3 Any provision of this Agreement which is found to be prohibited by law shall be ineffective to the
extent of such prohibition without invalidating the remainder of this Agreement. Preprinted terms and
conditions of any purchase order or other instrument issued by Agency in connection with this
Agreement which are in addition to or inconsistent with the terms and conditions of this Agreement
will not be binding on BI and will not apply to this Agreement.
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EXHIBIT A
to SCHEDULE A
Pursuant to Schedule A, the costs to Agency for the services rendered by BI are as follows:
EXACUTRACK ONE CHARGES:
ExacuTrack One Active Rental: $3.95 per day per Unit provided from BI inventory.
ExacuTrack One Active Monitoring: $1.65 per Unit per active'day.
Total ExacuTrack One Active Charge: $5.60 per Unit per day.
Description: ET One Active - GPS Point Collection every 1 minute, Data Transmission every 60 minutes, no AFLT, with Zone
Crossing Notification.
Spares: 20%; excess spare cost $3.95 per day per Unit.
Lost/Damaged allowance: 5%. Replacement costs for units above 5% allowance: ET1 Ankle Unit -
$1,100.00; ET1 Beacon- $250.00; ET1 Wall Charger - $69.00; Fiber Optic Strap - $69.00.
ExacuTrack One Passive Rental: $3.95 per day per Unit provided from BI inventory.
ExacuTrack One Passive Monitoring: $0.63 per Unit per active day.
Total ExacuTrack One Passive Charge: $4.58 per Unit per day.
Description: ET One-GPS Point Collection every 3 minutes,Data Transmission every 720 minutes, no AFLT,no Zone Crossing
Notification.
Spares: 20%; excess spare cost $3.95 per day per Unit.
Lost/Damaged allowance: 5%. Replacement costs for units above 5% allowance: ET1 Ankle Unit -
$1,100.00; ET1 Beacon - $250.00; ET1 Wall Charger- $69.00; Fiber Optic Strap - $69.00.
ExacuTrack One Hybrid Rental: $3.95 per day per Unit provided from BI inventory.
ExacuTrack One Hybrid Monitoring: $1.04 per Unit per active day.
Total ExacuTrack One Hybrid Charge: $4.99 per Unit per day.
Description: ET One - GPS Point Collection every I minute, Data Transmission every 720 minutes, no AFLT, with Zone
Crossing Notification.
Spares: 20%; excess spare cost $3.95 per day per Unit.
Lost/Damaged allowance: 5%. Replacement costs for units above 5% allowance: ET1 Ankle Unit -
$1,100.00; ET1 Beacon - $250.00; ET1 Wall Charger - $69.00; Fiber Optic Strap - $69.00.
For cellular triangulation for indoor tracking and increased location accuracy, tracking units are an
additional $0.50 per day on top of the price listed above. Cellular triangulation is only available in Active
Mode.
Additional Training Costs:
Additional remote training From 8:00 a.m. to 5:00 p.m. Mountain Standard Time, $120 per hour.
Minimum charge of hour; thereafter billed in fifteen minute increments. During all other hours, $180
per hour; minimum charge of%2 hour; thereafter billed in fifteen minute increments.
Additional on-site trainingi $1500 per day, 2 day minimum, plus actual out of pocket expenses for on-
site training including one BI staff person's travel, room, board, and miscellaneous expenses.
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SCHEDULE B
OFFENDER-FUNDED HOME MONITORING PROGRAM
The Offender Funded Home Monitoring Program, places payment responsibility in the hands of the offender.
Under this program, BI's Greeley office local support personnel are responsible for installation/removal, intake
and orientation, data entry and schedule management, compliance reporting, inventory management, and case
management. BI is also responsible for lost/damaged equipment and equipment maintenance. Local BI
personnel will repair or replace equipment at the local electronic monitoring office. If the equipment cannot be
made operational or the offender loses or damages the equipment, local staff will swap out the equipment and
replace with a new unit. Staff will ensure that the repaired or new equipment is functioning properly during
installation.
1. AGENCY'S OBLIGATIONS.
1.1 County shall retain complete authority over the program
1.2 County shall keep the original of all documentation related to the offenders committed to the program.
1.3 County shall provide initial training to BI's staff on the writing of infraction reports.
The Offender-Funded program places payment responsibility in the hands of the offender. Under this program,
BI is responsible for administrative duties and case management tasks, to include the following:
2. SERVICES AND RESPONSIBILITIES OF BI
2.1 BI shall provide all field monitoring equipment and all support equipment required for the monitoring of
offenders referred to the program.
2.2 BI shall provide sufficient staff to maintain 24 hour, 7 day monitoring of offenders referred by County,
and will provide a local 24-hour contact telephone number.
2.3 BI shall be responsible for the determination and collection of program fees from offenders at the rates
set forth in the "Offender-Funded Pricing" table below.
2.4 BI shall not prohibit participation in the program by the inability to pay or the length of sentence.
2.5 At program entry BI shall perform baseline drug testing on offenders serving 10 days or more. Baseline
drug testing is done at the expense of BI. Subsequent testing shall be performed randomly through the
duration of participation at the offender's expense.
2.6 BI shall provide overall program and participant supervision including, but not limited to,the following:
➢ Offender orientation, where offender is provided a contract with program rules.
➢ Hook-up and installation of all required monitoring equipment.
➢ Interviewing and determination of appropriate monitoring schedules for participants, including,
but not limited to, adequate and reasonable travel times to and from work.
➢ Employer verification if client is employed, to include determination of how participants will
travel to and from work, and,if operating a motor vehicle, verification the participant has a valid
motor vehicle operators license and current insurance
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➢ Coordination and collection of drug testing and drug testing specimens.
➢ BI shall utilize intermediate sanctions for all minor and serious violations, which include but are
not limited to: verbal and written warnings, review of contract, increased office visits, lockdown
days, restriction of offender activities, and increased monitored sobriety.
➢ Whereabouts verification, including employment verification.
➢ Preparation and maintenance of offender file, documenting case management and activities.
➢ BI shall maintain offender files for 24 months after discharge from the program.
➢ Initiating disciplinary procedures for all serious violations by writing an infraction report and
notifying Agency within a reasonable amount of time after due diligence.
➢ Initiating walk-away procedures, when clients do not return to their home as scheduled or leave
without authorization; staff may take a reasonable amount of time, not to exceed 2 hours to
attempt to locate the client before beginning walk-away procedures.
➢ Submission of accurate program statistics to the Sheriffs Office on a monthly basis within 14
days of month-end. Required statistics for each program client are as follows:
• Case number
• Sentencing court
• Intake date
• length of sentence
• days completed
• release date
• type of monitoring
• fees data
• number and type of infractions
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EXHIBIT A
to SCHEDULE B
Pursuant to Schedule B, the costs to Offenders for the services rendered by BI are as follows:
Device/Service Technology & Services Cost Per Day/Service
HomeGuard 200 Landline RF $9.00
HomeGuard 206 Cellular RF $12.00
ExacuTrack One One-Piece GPS: Active $14.00
One-Piece GPS: Passive w/beacon(RF) $10.00
One-Piece GPS: Hybrid $12.00
BI TAD Transdermal Alcohol Only (Landline) $10.00
Transdermal Alcohol Only(Cellular) $12.00
Transdermal Alcohol & RF (Landline) $11.00
Transdermal Alcohol & RF (Cellular) $13.00
Sobrietor+RF Remote Alcohol Monitoring $11.00
Sobrietor+ RF Remote Alcohol Monitoring (Cellular) $13.00
VoiceID Telephone-`Based Curfew Monitoring $0.44 per check-in
N/A Baseline drug test or offenders serving more than 10 days $0
N/A Additional drug tests $15
A minimum $70.00 fee will be charged for all sentences of 10 days or less. GPS pricing includes active,
passive, and hybrid GPS service plans, and the County can choose the appropriate service level.
SELF-PAY OPTION
With the Self-Pay option, work release offenders may be referred directly to BI as an intermediate sanction and
only pay 75% of the total daily fee. For example, if the offender has an alcohol violation, the offender has the
option of staying in work release if placed on a TAD unit. If placed on a TAD unit with alcohol only and
landline communication, the offender would pay only $7.50 per day. If placed on a cellular TAD unit, the
offender would pay $9.00 per day.
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