HomeMy WebLinkAbout20112313.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, 2011, and ending June 30, 2012, 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.
315
q-/5-1/ 2011-2313
JS0002
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 24th day of August, A.D., 2011, nunc pro tunc July 1, 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:', v/Littt / LG 1%Le '
Barbara Kirkmeyer, Chair
Weld County Clerk to the rd � /7
can P. Cones , Pro-Tern CS-
BY:
Deputy C rk to the B ® /Willi/ �zGarcia G/
AP D AS
David E. Long
6unty!{ttorney EXCUSED
Douglas Rademacher
Date of signature: °I -SR
2011-2313
JS0002
Justice Services Division
18 6 I - 2 Oil 1008 9th Street- P.O. Box 758
Greeley, CO 80632
Phone: (970) 336-7227
Fax: (970) 392-4677
W E L` {0 NTY
Y
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. and
authorize Chair to Sign
Date: August 20, 2011
In accordance with our 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 $106,000 for SFY 2011-2012. This is the same rate as the
most recent term.
Weld County, through its Community Corrections Board, sub-contracts to provide these
services with private providers el, 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
Corrections Board and Weld County. 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.
2011-2313
AGREEMENT FOR COMMUNITY CORRECTIONS
INTENSIVE SUPERVISION PROGRAM (ISP) FOR INMATES AND PAROLEES
THIS CONTRACT, is effective this 1st day of July 2011 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.") whose local services address is 819 9th Street,
Greeley, CO 80631 hereinafter referred to as "The Contractor."
WITNESSETH:
WHEREAS, 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,
2011, and ending June 30, 2012, unless sooner terminated by either of the
parties hereto pursuant to the termination procedures contained in Section 5,
below.
2. SCOPE OF SERVICES: Services shall be provided by the Contractor to
designated Department of Corrections inmates and parolees, with such
services being described in Exhibit "A." The Contractor agrees to provide
such services in compliance with all of the terms, conditions, and
requirements stated in Exhibit "A."
3. PAYMENT FOR SERVICES: Payment for services rendered by The
Contractor pursuant to this Agreement shall be in accordance with the
payment provisions set forth in Exhibit "A." The Contractor shall submit an
itemized monthly bill to the County's Justice Services Division Administrative
Coordinator serving the Community Corrections Board for all services
1
provided pursuant to this Agreement. Said bill shall be submitted no later
than the 15th day of the month following the month in which the services
were provided. Failure to submit monthly billings in accordance with the
terms of this Agreement may result in BI, Inc. forfeiture of all rights of being
reimbursed for such services. Payment of all services performed pursuant to
this Agreement is expressly contingent upon the availability of funds referred
to in Exhibit"A." The County shall not be billed for, and reimbursement shall
not be made for, time involved in activities outside of those defined in Exhibit
"A". Such billing from all vendors shall not exceed $100,000 for the term
from July 1, 2011 to June 30, 2012.
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: 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
be in writing and signed by both parties.
2
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: Wm. Bradley Cooper, Chief Financial Officer, 6400
Lookout Rd, Boulder, Colorado, 80301
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: Bl, Inc. shall perform the services
hereunder and the requirements set forth in Exhibit "A" as an independent
contractor. Neither The Contractor nor any agent or employee of The
Contractor shall be deemed an agent or employee of the County or of the
State of Colorado. The Contractor shall pay when due all required
employment taxes, income tax, and local head tax on any monies paid
pursuant to this Agreement. The Contractor acknowledges that its
employees are not entitled to worker's or unemployment insurance benefits
3
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:
Behavioral Intervention, Inc. BOARD OF COUNTY
COMMISSIONERS WELD COUNTY,
COLORADO
BY: l BY uh E' u eh ,Ljejkz
Barbara Kirk
yer, Chard
(y1�cltae I /3hain's si, eel/frolic✓
AUG 242011
07- cm 99,9(r ATTEST:
Federal I.D. # �..� .
Weld County Clerk to the Board Lc
SUBSCR)BED AND SWORN to before me - /7 ism t
this �a�` day of August, 2011 l �
BY:
Deputy Cle to the Board
WITNESS my hand and official seal. APPROVE-0-AS TO
Coun Attorney
Notary Public
My commission expires: V,4-0/77-O/-3
LESLIE S FREDERICK
NOTARY PUBLIC
STATE OF COLORADO
My Commission spires 9/20/2013
5
O267/- .73;3
AGREEMENT FOR COMMUNITY CORRECTIONS
INTENSIVE SUPERVISION PROGRAM (ISP) FOR INMATES AND PAROLEES
THIS CONTRACT, is effective this 1st day of July 2011 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, 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),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,
2011, and ending June 30, 2012, 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 "A." 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 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
$100,000 for the term from July 1, 2011 to June 30, 2012.
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: 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 9Th Street, Greeley, Colorado, 80631.
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,
COLORADO
BY: k4---( /II BYs* 7ti t Giu<
Dan Beeck, General Manager Barbara Kirklneyer, CVair
5 " ' s9tz1-v ATTEST: AUG 242011
Federal I.D. #
Wel County Clerk to the �a 0
SUBSCRIBED AND SWORN to before me j a€ `° kt2
this / 9 day of August, 2011. BY: %." s' •��f °�;' r
Deputy erk to the "Yt�7j
WITNESS my hand and official seal. APP V A M:
Notary Public ounty ttorney
My commission expires:
MY COMMISSION EXPIRES
MARCH 22, 2014
5
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