The URL can be used to link to this page

Browse Search

Home My WebLink About20100658.tiff RESOLUTION RE: APPROVE LEASE AGREEMENT AND AUTHORIZE CHAIR TO SIGN - INTERVENTION, 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, dba Intervention Community Corrections Services, commencing July 1, 2010, and ending June 30, 2011, 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, 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 31st day of March, A.D., 2010. 1 p BOARD OF COUNTY COMMISSIONERS Eu, `� WELD COUNTY, COLORADO ATTEST: / � i >I __ _ c>,/L e$ ' Dou• as Radema,her, C air Weld County Clerk to th=1:• • rbara Kirkmeyer, ro-Tem BY: an I'� ri,�•�� De ty Cle Ito the Board Sean. . Co oypniay AP D A • W' ' m F. Garcia Junty Attorney David E. Long Date of signature: 7110 2010-0658 LEASE AGREEMENT THIS LEASE AGREEMENT is made and entered into thiso2/day of _G ., 2010, 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, 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 Center, 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 residents. Use of the Facility shall be for the operation of a community corrections center. 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 rate of Twenty One Thousand and Fifty Three and 00/100 dollars per month ($21,053), which amount 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, and shall be deemed late if not received by the fifth working day of the month and then subject to a one percent (1%) late fee of the amount due. 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 as Lessee deems proper. Lessee shall also arrange for the provision, stocking and maintenance of all vending machines located on the Leased Premises. 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 a©/D-o6 5d' 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. Housing of offender populations in addition to diversion, transition, and parole offenders 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 outside where smoking is allowed). Cleanliness at the Facility shall meet reasonable and ordinary standards for a community corrections center. The Custodian Division of Lessor's Buildings and Grounds Division ("B&G 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, including, but not limited to, interior paint, shall require written approval from Lessor, with the issuance of appropriate building permits, if necessary. All such written requests may 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. However, 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, through its B&G Division, 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. 2 h. Lessee shall provide the office equipment, furniture, and furnishings not otherwise placed by Lessor into service within the Facility as listed on the attached Exhibit "A." All such equipment provided by Lessee shall remain the property of Lessee and may be removed by Lessee at the conclusion of this Lease. 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 tosupport 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 must be performed by a County approved third party vendor, and if needed must be 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 will be 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. Lessor shall reasonably cooperate with Lessee in the installation and operation of Lessee's network. j. To be solely responsible for the coordination of 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, for any repairs that are required by damage directly caused by offenders and/or Lessee personnel misuse, abuse, and criminal acts. Lessor shall be responsible for all other repairs to the Facility. Lessee shall use its best efforts to ensure the extended life of the Facility. Except for those portions of the Facility hidden from general view by walls, ceilings and floors, such methods and maintenance shall include, without limitation: 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 3 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, 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 must 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 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. As of the date of execution of this Lease Agreement, said deposit has been received and is being held by Lessor. m. To provide all staff that Lessee determines are required for the supervision of all residents 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. 4 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 Lessee, or by any of the residents held at the Facility. Lessor shall indemnify and hold harmless Lessee, 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 any of its employees, elected officials or agents. 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. Said liability policy shall be written on an "occurrence basis" with limits of not less than $1,000,000 bodily injury liability coverage and $400,000 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 insureds on all such policies. Said coverage may be partially satisfied through the insurance coverage requirements of the Lessee's sub-contract with the Community Corrections Board of Weld County. 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. Lessor shall maintain owners insurance in amounts reasonably calculated to protect the Facility from all perils. Lessor and Lessee shall provide copies of their respective insurance certificates upon reasonable request. r. 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 County 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. In the event that any provision of such contracts conflicts with any provision of this Lease, the provision set forth in such contracts shall control, with the exception that the term set forth in Paragraph 5, below, shall control in the case of this Lease. No portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess. 5 s. Lessee shall provide pillows, sheets, portable personal storage containers, totes, and blankets. All such property shall remain the property of the Lessee. t. 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. u. 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. v. Lessee shall provide snow removal for all sidewalks and entrances to the Facility. w. Vending Services (i.e. snacks, soda) and/or change machines shall be at the sole discretion of the Lessee. 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 Exhibit A. 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. As a normal part of their duties, the Weld County Sheriffs Office and/or the Greeley Police Department shall provide necessary security control for the perimeter of the Facility. e. The Greeley Police Department shall respond, as requested by Lessee, to transport offenders terminated from the program to the Weld County Jail. £ 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 6 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, residents or clients 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 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 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 at the sole discretion of the Lessor, with all income derived therefrom going to Lessor. 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 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 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: 1. Except as required for the performance of Lessor's obligations, Lessee shall provide all personnel that in its professional judgment are needed to operate the Facility, and to provide the services required to operate a community corrections Facility. Unless approved by Lessor, no Weld County employees shall perform services related to the operations of the Facility as a community corrections center. 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 a representative of the Lessor shall jointly complete a pre-occupancy inspection. Any pre-occupancy defects or condition(s) found during the inspection shall be documented in writing and photographed; Lessor and Lessee shall execute an acknowledgment of the inspection report. 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 7 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 one (1) year, commencing on the 1st day of July 2010, through the 30th day of June 2011, renewed for an additional one (1) year 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 thirty (30) 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. 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. 8 IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals the day and year first written above. LESSOR: ATTEST: "fi� "COUNTY OF WELD, a political Weld County City e Board subdivision of the STATE OF COLORADO: 1861 1' �S'�r to the Board Dougl Rade acher, Chairman 1 '�`l► �� Board of County Commissioners, n° 4.,� County of Weld MAR 3 12010 `�►� LESSEE: INTERVENTION, d/b/a INTERVENTION COMMUNITY CORRECTIONS SERVICES By: elly S en e , resident SUBSCRIBED AND SWORN to before me t day of l,f WITNESS my hand and official seal. 'BFcy fc��T e Notary Publi My c iton extire5? 2 r. eOF COP MY COMMISSION EXPIRES:0410.2012 9 ac/6 Exhibit"A" WELD COUNTY COMMUNITY CORRECTIONS CENTER Furnishings, Pay Phones, Keys and DVR/Security System Items listed to be provided by Weld County. Any items not listed shall be the responsibility of ICCS and may require further approval by Weld County. 1. Dining Area— a. Eight (8) 12' uniframe rectangle cafeteria-style folding tables with bench seating. b. 3 large size side opening trash receptacles. c. 1 microwave. 2. Staff Offices— a. 21 user chairs (rolling). b. 21 guest/side chairs. c. 21 in-stock L-shape desk systems, with attached file cabinet and above hutch. d. 30 window blinds. 3. Resident Sleeping Quarters—Facility has capacity for 228 total residents. a. 114 bunk beds, with 1 attached ladder per bunk and below lockable drawer(two residents per bunk--same brand type as in Work Release Center). b. 228 mattresses (same brand type as in Work Release Center). c. 114 wardrobe closets-2 door for hanging clothes and 3bottom drawers (30" W x 60" H x 20.5" D). 4. Resident Dayrooms— a. 4 wall mounted TV's. b. 4 mounted bulletin boards. 1 c. 4 uniframe tables with attached stools (7' in diameter) ("pod tables"). d. 8 rows of"Beam Seats" with divider arms (typically seats 3-4 per row). e. 4 mid-size side open trash receptacles. 5. Group/Conference Rooms— a. 1 large modular style set up conference table. b. 1 large conference room table (8' or larger). c. 1 mid-size conference room table (6' or larger). d. 24 in stock stacking chairs ("Sam's Club with Arms"). e. 3 mounted full size dry erase boards. f. 2 window blinds. 6. Staff Break Rooms— a. 2 refrigerators (1 dorm style, 1 full size). b. 2 dishwashers. c. 2 microwaves. d. 4 in stock stacking chairs ("Sam's Club with Arms"). e. 2 paper and soap dispensers. f. 2 small round tables. 7. Central Control/Main Security Office— a. 1 full size lockable cabinet for medication storage. b. 6 mid-back roller chairs. c. 1 Garrett Magnascanner (rotated from existing inventory—used by court security). d. 1 mid-size round office table. 2 e. 3 in stock stacking chairs ("Sam's Club with Arms"). £ 1 "dorm style" refrigerator. g. Approximately 15 staff lockers & 36 resident lockers—room across from this office (through building contractor). h. 1 front desk—installed either just under south wall reception windows or as a"counter style" desk. i. 6 window blinds. 8. Outdoor— a. Two (2) 24 to 36 slot steel bike racks (through building contractor). b. 1 non-portable basketball hoop (through building contractor). c. 4 outdoor style large side opening trash cans (3 for back area and 1 for main entrance). 9. Restrooms— a. All soap dispensers and paper dispensers (resident and staff). b. 4 full size durable trash cans. 10. Pay Phones— a. 8 wall mounted"stand up"phones (vendor and specific locations to be determined, but generally in common area). 11. Keys— a. Pass card key system for staff and residents; master key access for designated personnel (through building contractor). 13. DVR and Security Systems— a. Through Sierra Detention Systems. 3 Hello