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Home My WebLink About20100612 RESOLUTION RE: APPROVE AGREEMENT FOR PROFESSIONAL SERVICES AND AUTHORIZE CHAIR TO SIGN -JUSTICE BENEFITS, 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 Professional Services between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Sheriff's Office, and Justice Benefits, Inc., with 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 Professional Services between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Sheriff's Office, and Justice Benefits, 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 29th day of March, A.D., 2010. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:fi o i a_aw-.a� �- "' ouglas a•ema•her, Chair Weld County Clerk to the : fib. A'Qu idiA ;. arbara Kirkmeyer, ro-Tem r_f BY. �_itt. �.L �e%. L%,•. °fie 1 - ' De. y Cler t'. the Board , _ Sean P. y C 9— APP AS • . W - ,s F. arcia 'C ty Attorney ; ct* l 1 David E. Long Date of signature: L IIv1/0 ae SD(id-OY'9 jitth#e) 20SO0010-0612 /81..Ge�esults! • { February 10. 2010 Sterling Geesaman Li A ',L, Deputy Bureau Chief Weld County 2110 O Street Greeley, CO 80631 Dear Mr. Geesaman: Thank you for your assistance in approving the contract renewal for our services. Please see the enclosed signed copies of the Agreement for Professional Services between Weld County and Justice Benefits, Inc. (JBI). Please present both copies of the contract for signature to the Chairman of the Board of Commissioners. Please send one signed copy back to my attention at 2010 Valley View Lane, Suite 300, Dallas, TX 75234. We are excited to continue working with Weld County in the near future. As always, please do not hesitate to contact me should you have any questions. I can be reached at (800) 835-2164 ext. 3728 or afarmer(,unificare.com. Sincerely, qyikt, April Farmer Senior Regional Account Manager Justice Benefits, Inc. no_ Government Consulting Fimi LOI:�RoulL' AF/kk April Farmer Regional Account Manager 2010 Valley View Lane,Suite 300 (972)406-3728 Dallas,Texas 75234 (800)835-2164 E-mail afarmer@unificare.corn Fax(972)406-3790 www.iusticebenetitsinc.cocorn Cell(214)674-9959 Justice Benefits, Inc. 2010 Valley View Lane, Suite 300 • Dallas, 'texas 75231. 972-606-3700 • Fax 972-106-3790 • 800-835-21(i1 • vnvvc.Juslicelienclilslnr.ettln *47 /I;I...fiefs RCs11i1 March 17, 2010 ' .. Sterling Geesaman Deputy Bureau Chief Weld County , Assilk 2110 O Street Greeley, CO 80631 Re: SCAAP Contract with Justice Benefits, Inc. ("JBI") Dear Mr. Geesaman: It is our intent to renew the "Agreement for Professional Services" with Weld County and file the State Criminal Alien Assistance Program (SCAAP) claims on behalf of the County for the upcoming filing period(s). We have proposed a contract where Justice Benefits, Inc. (JBI) can prepare your claim to obtain federal reimbursement for a significant portion of costs incurred for incarcerating undocumented criminal aliens in your jail. We have been working with the Weld County Sheriff's office since April 12th, 2000 and wish to continue our partnership in the future. To the best of our knowledge, no other professional services firms are currently working with local government entities to prepare federal reimbursement claims for this program. Accordingly, JBI is presently the only firm engaged in comprehensive claim preparation for counties/cities submitting SCAAP claims to receive federal revenue for qualifying inmates. We look forward to continue working with the staff of the Weld County Sheriffs office. Please do not hesitate to contact me with any questions at (800) 835-2164 ext. 3728 or at afarmer cRunificare.com. @Sincerely, �� n tie J / O(/U April Farmer Senior Regional Account Manager Justice Benefits, Inc. 2010 Valley View Lane, Suite 300 • Dallas,Texas 73234 972-406-3700 • Fax 972-406-3790 • 800-833-2164 • www.JusticeBenefiislnc.com JBI's Scope of Work JBI will assist Weld County by completing the following steps: 1. JBI's federal reimbursement technical experts will analyze the Department of Justice's financial and organization data to complete individual federal reimbursement opportunities; 2. JBI will immediately put in place the necessary documentation and procedures required to secure the federal reimbursements; 3. JBI will compare and cross-reference with our national database for additional inmate data conviction information provided to us by Weld County, as well as work with the FBI national data base; 4. JBI's staff and proprietary software will compute the claims and submit them to Weld County for approval; 5. JBI will monitor programs to ensure Weld County receives the appropriate new federal reimbursements; 6. JBI will be responsible for the majority of the work, including; identifying the opportunities, applying its federally approved claiming methodology, documenting the costs, and preparing the annual claims. (While JBI will be responsible for the preparation of claims, the federal government may require the actual application process to be done by County personnel.) JBI employs four specialty teams who will assist on this engagement. They include: 1. A Federal Programs (Research)Team; 2. A Management Information Systems Team; 3. A Financial Team; and 4. An Inmate Data Team. Each team has assisted on all of JBI's revenue optimization engagements; and each has a unique set of qualifications,which will help in the completion of this engagement. SCAAP Claim Amounts for , ✓ Weld County, Colorado Justice Benefits, Inc. (JBI) specializes in the State Criminal Alien Assistance Program (SCAAP). SCAAP provides reimbursement opportunities for jails/correctional facilities. JBI has worked with Weld County, Colorado since April 2000. Below are the county's SCAAP Claim Amounts as a result of a partnership with JBI. 2008 Award $ 524,607 2007 Award $ 542,059 2006 Award $ 414,357 2005 Award $ 127,640 2004 Award $ 217, 172 2003 Award $ 268, 148 2002 Award $ 521, 191 2001 Award $ 263,850 2000 Award $ 791,534 JUSTICE BENEFITS,INCORPORATED 1.800.835.2164 ©2009 Justice Benefits, Inc. The Services Provided by JBI • JBI currently works with 600 counties nationwide and 22 counties in Colorado. • JBI has experience and specializes in completing SCAAP claims since 1997. • JBI will accurately compile your SCAAP claim each year to ensure that each dollar has been maximized. • JBI has a team of SCAAP inmate data specialists and a team of highly trained financial analysts with extensive governmental and financial experience working on your claim at all times. • JBI's financial staff works with the County to ensure that only allowable costs are tabulated so the County receives its fair share from the Federal Government. • JBI utilizes proprietary software to ensure that every inmate meets the federal guidelines and is included in the application. • JBI uses a conviction database to cross reference the arrest and conviction information in order to maximize the claim for the County. • JBI verifies all claims through a quality assurance process before the final submission of the application. • SCAAP guidelines and regulations are ever changing. JBI will monitor all policy changes and keep the County updated on any changes that may occur. JBI stays in continuous communication with the Bureau of Justice Assistance (BJA). • With JBI's continuous lobbying efforts, we meet with congressmen, governors, and state associations to gather governmental support for the SCAAP program. • As a result from lobbying efforts, the budget for SCAAP 2006 increased by $100 million (30% increase from SCAAP 2005). The budget is currently $400 million. • Audit protection is of the utmost importance. In the event the Federal Government does audit the County. JBI will assist with audit support and provide proper documentation. • Any claims compiled by JBI are reviewed by a team of financial experts to ensure they stand up to any audit conducted by the Department of Justice. • JBI is engaged on a purely contingent fee basis. It costs the client nothing until a claim is paid. Additionally, our clients have no long term staffing commitments. AGREEMENT FOR PROFESSIONAL SERVICES between Justice Benefits, Incorporated and Weld County, Colorado This Agreement is entered into by and between Weld County, Colorado (hereinafter referred to as the "County") and Justice Benefits, as the general partner of Unificare, LTD, a Texas limited partnership (hereinafter, collectively referred to as "JBI" or"Contractor"), located at 2010 Valley View Lane, Suite 300, Dallas, Texas 75234. WITNESSETH WHEREAS, many of the services provided by the County are funded directly by local and state funds when, in fact, some of those services are eligible for Federal Financial Participation (hereinafter "FFP"); and WHEREAS, JBI is willing and able to provide professional assistance to explore opportunities for new FFP, to review prospects for expansion of existing FFP, and to secure additional FFP as may be appropriate for the County; NOW, THEREFORE, for and in consideration of these mutual covenants and promises recorded herein, the parties hereto agree as follows. ARTICLE I RESPONSIBILITIES OF JBI JBI agrees to perform the following services: 1.01 JBI will review the policies and procedures used by the County to identify such additional Federal and other revenue sources, if any, as may be available to the County through participation in new programs or expansion of existing FFP. These efforts may include any of the following activities: advising the County of the reimbursement opportunity, preparing or enhancing the claim, preparing or assisting with submittal packages, preparing audit files, assisting the County with submittals, assisting the County should it be audited for claims on which the Company assisted, or other related federal revenue enhancement activities. 1.02 JBI will continually monitor for new opportunities of funding. Whenever a new federal reimbursement opportunity arises, JBI may notify the County of that opportunity. JBI will strive to identify and optimize all federal reimbursement opportunities for the County; but is not obligated to make the County aware of all possible opportunities and shall have no liability for any omission to identify the same. Upon the County signing an Initiative with JBI for the claiming of federal dollars, then JBI will be entitled to compensation for that Initiative as set forth in Article V of this Agreement. 101 Contract 073103 1 ARTICLE II RESPONSIBILITIES OF THE COUNTY 2.01 The County agrees to perform the following activities: a. Designate a properly authorized County representative to sign each JBI Initiative of which the County approves. b. Designate a contract monitor who shall: i. Be the person responsible for monitoring JBI's performance under the terms and conditions of this Agreement; and ii. Authorize payment for services rendered based upon properly submitted invoices to the County in accordance with Article V of this agreement (i.e. Compensation). c. Provide JBI with copies of or access to documents and databases that are necessary for the successful completion of work required by this Agreement. ARTICLE III INITIAL TERM AND RENEWAL 3.01 The initial term of this Agreement is four (4) years, commencing with the date of this Agreement(the "Initial or Renewal Term"). 3.02 Upon conclusion of the Initial Term of this Agreement, this Agreement will automatically be renewed on a year-by-year basis, under the same terms and conditions as set forth herein, unless written notice is given at least thirty (30) days prior to the expiration of this Agreement. ARTICLE IV CONFIDENTIALITY The County and JBI mutually agree that the confidentiality of the information obtained by JBI shall be strictly observed, as permitted by law, in any reporting, auditing, invoicing and evaluation, provided however, that this provision shall be construed as a standard of conduct and not a limitation upon the right to conduct the foregoing activities. ARTICLE V COMPENSATION 5.01 The intent of this Agreement is to compensate JBI for new revenues received by the County that are a direct result of JBI's efforts. These efforts may include any or all of the following activities: advising the County of the reimbursement opportunity, preparing or enhancing the claim, preparing of submittal packages, preparing audit files, assisting the County with submittals, assisting the County should it be audited for claims on which the Company assisted, or other related federal revenue MI Contract 073103 2 enhancement activities. The parties agree JBI will be compensated for new or enhanced revenue sources that directly result from JBI's activities at the following rate: 9 Fifeteen percent (15%) of all revenue paid to the County (prospectively or retroactively) as described in each of the County signed Initiatives. JBI will be paid its fees for a minimum of four years worth of claims filed prospectively once an Initiative is signed by the County. In addition, JBI will be paid its fees on any retroactive claims filed for that same Initiative. 5.02 Unless otherwise agreed or directed by JBI in writing, the County shall make payment to the order of JBI, at 2010 Valley View Lane, Suite 300, Dallas, Texas 75234. 5.03 Both parties recognize that delays in payment or reimbursement to the County by the Federal government may occur. JBI will be reimbursed within twenty-one (21) days after funds are actually received by the County and an accurate invoice is delivered to the County by JBI, even if those receipts occur beyond the term of this Agreement. 5.04 JBI agrees that in the unlikely event any funds recovered by the County as a result of this Agreement be subsequently disallowed, that the related fees paid to JBI based on such disallowed reimbursements will be credited against future payments to JBI, or be promptly repaid to the County should this agreement be terminated. In any event, the monetary amount of damages and the full extent of JBI's liability to the County, if any, shall be strictly limited to the amount of funds paid to, or owed to, JBI as a result of this Agreement. 5.05 JBI shall have the right to review the County's claims, grant awards, and such books, records, and other documents as may be required to ensure that the payment of JBI's fees is in accordance with this Agreement. ARTICLE VI NOTIFICATION Any notice, specifications, reports, or other written communications from JBI to the County shall be considered delivered when posted by certified mail. Any notice, delivered by certified mail to JBI at the address on the first paragraph of this Agreement shall be considered delivered when posted. ARTICLE VII MISCELLANEOUS PROVISIONS 7.01 Authority. All necessary approvals for the execution of this Agreement have been obtained and each person executing this agreement on behalf of the County is authorized to execute this Agreement as the binding act of the County. Some programs require a submission with digital signature from an authorized elected official of the County. Contractor will prepare the claim and then provide step-by-step instructions for the authorized County official to complete the online form. 7.02 Changes to be in Writing. This Agreement may be modified to include additional work the County desires to be completed on a fixed or contingent fee basis with the written consent of both parties. 7.03 Choice of Law, Forum Selection and Alternative Dispute Resolution. Once records are made available, the claim preparation work will be performed by the Contractor at its headquarters in Dallas County, Texas, This Agreement shall be governed by the laws of the State of Colorado and any disputes shall be resolved in said state. The parties prefer informal resolution of any disputes. Prior to filing litigation, the parties shall discuss participating in alternative dispute resolution, including a pre-suit mediation or settlement conference. JUl Contract 073103 3 7.04 Counterparts. This Agreement and the Initiatives that follow may be executed in separate counterparts, each of which shall be deemed to be an original, and such counterparts shall together constitute but one and the same document. 7.05 Entire Agreement. This Agreement and its attachments (including all approved Initiatives), if any, contain the entire Agreement between the Contractor and the County. Any previous proposals, offers, discussions, preliminary understandings and other communications relative to this Agreement, oral or written, are hereby superseded by this Agreement. 7.06 Force Majeure. Contractor shall be excused from performance during any delay beyond the time named for the performance of this contract caused by any act of God, war, civil disorder, strike or other cause beyond its reasonable control. 7.07 Headings. The headings used herein are for convenience only and shall not limit the construction or interpretation hereof. 7.08 Inconsistencies. Where there exists any inconsistency between this Agreement and other provisions of collateral contractual agreements that are made a part hereof by reference or otherwise, the provisions of this Agreement shall control. 7.09 Indemnification. Contractor agrees to indemnify the County, its officers, employees and agents for injury to persons or property, including contractor, its officers,employees or agents,the County, its officers, employees or agents, or other persons where such injury proximately results from an intentional act or omission of the Contractor or its employees. 7.10 Independent Contractor. Contractor shall be considered an independent contractor and not an employee of the County. Contractor shall be solely responsible for paying its own staff and the out-of-pocket expenses it incurs in providing services hereunder. Contractor shall also maintain general liability insurance at its own expense, in addition to workers' compensation coverages as may be required by law, and will provide proof of insurance to the County upon twenty (20)days notice. 7.1 I Interest. In the event a written invoice for services provided under this Agreement remains unpaid for sixty (60) days,the claimant shall be entitled to interest at the highest rate allowed by law. 7.12 Legal Fees. In the event a claim for damages is made under this Agreement, the claimant shall be entitled to recover reasonable and necessary attorneys' fees and interest at the highest rate allowed by law, provided that said claim is first presented in writing and remains unpaid for thirty(30)days. 7.13 Non-Discrimination. In performing this Agreement, contractor agrees it will not engage in discrimination in employment of persons because of the race,color, sex, national origin or ancestry,or religion of such persons. 7.14 Prohibition against Assignment. There shall be no assignment or transfer of this Agreement without the prior written consent of both parties hereto, except as follows: Contractor shall be permitted to assign its right to be paid by the County after completing its work on an Initiative. 7.15 Rule of Construction. Each party and its legal counsel have been afforded the opportunity to review and revise this Agreement. The normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any amendments of exhibits hereto. 7.16 Severability. Each paragraph and provision hereof is severable from the entire Agreement and if any provision is declared invalid,the remaining provisions shall nevertheless remain in effect. 7.17 Terminology and Definitions. All personal pronouns used herein, whether used in the masculine, feminine or neutral, shall include all other genders;the singular shall include the plural and the plural shall include the singular. 7.18 Waiver. The failure on the part of any party to exercise or to delay in exercising, and no course of dealing with respect to any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies provided herein are cumulative and not exclusive of any remedies provided by law or in equity, except as expressly set forth herein. nu Contract 073103 4 IN WITNESS WHEREOF, the undersigned parties are fully authorized by the County and the Company respectively to execute this Agreement as of the date written below, as well as JBI Initiatives as federal reimbursement opportunities arise from time to time. EXECUTED THIS 29th DAY OF March , 2010 AGREED: ACCEPTED BY: Weld County, Colorado UNIFICARE, LTD., a Texas Limited Partnership By: Justice Benefits, Inc.,a Texas Corporation Its: Corporate General Partner Sign ture MAR 2 9 2010 Douglas Rademacher Print Name Chair, Board of Weld County Commissioners By: Title Kimberly ng Address: 915 10th Street Senior Vice President- Business Development P.O. Box 758 2010 Valley View Lane, Suite 300 Greeley, CO 80632 Dallas, Texas 75234 113]ce..O an L03 5 INITIATIVE: State Criminal Alien Assistance Program (SCAAP) A) Description of JBI's Contribution: JBI recognizes that Weld County, Colorado is being underpaid for housing illegal aliens. JBI will develop the cost data, secure the necessary data required to document qualified inmates, and prepare the Alien Assistance claims. JBI will work with the Sheriffs Department to optimize future claims by securing 100% allowable data related to inmates. B) Claims submitted: Last claim submitted by JBI was for FY 2009. C) Total Increased Reimbursements expected: Unknown until data is collected. D) Fee Structure: JBI will be paid its fees per its contract with Weld County, Colorado on all amounts generated from this program. The reduced rate of fifeteen percent (15%) shall be effective for the FY 2011 claim. E) Agreed, JBI may proceed with this Initiative: MAR 2 9 2010 Weld County, Co: _ a„K,�.�' Nam Dougl Rademacher Date Chair, Board of Weld County Commissioners Title Justice Benefits,Inc.: 2-710//0 1111 Kimberly King (/ Date Senior Vice President—Business Development 1111 Convact 073103 6 ,-.9")//5-t/... l!i Esther Gesick From: Monica Mika Sent: Friday, March 19, 2010 1:55 PM To: Esther Gesick Subject: FW: Sole Source Letter from JBI Attachments: DOC031710.pdf This email and attachment should be attached to the Personal Services Contract for JBI. This is follow up to a work session from the BOCC Original Message From: Sterling Geesaman Sent: Wednesday, March 17, 2010 2:37 PM To: Monica Mika Subject: FW: Sole Source Letter from JBI Monica, Attached is a letter from JBI in reference to their company being sole source for this service. I spoke with Boulder County Jail Administer Larry Hank at (303) 441-4620. Mr. Hank advised that they completed an RFP for this service 1 year ago and JBI was the only contractor to respond. Mr. Hank advised there was a company in Boulder about 2 years ago who claimed to provide this service but the company has since went out of business. Please let me know if you need further information. Original Message From: April Farmer [mailto:afarmer@UNIFICARE.com] Sent: Wednesday, March 17, 2010 11:30 AM To: Sterling Geesaman Subject: Sole Source Letter from JBI Sterling, Thank you for speaking with me this morning regarding the agreement between Weld County and JBI. As you requested, I have attached a sole source letter explaining that we are the only company to our knowledge completing SCAAP claims for local governments nationwide. I am also mailing an original signed copy of the letter to your attention today. If you have any questions or need additional information, please feel free to contact me. I appreciate all your help with this process and look forward to hearing from you soon. Thank you, April Farmer Senior Regional Account Manager Justice Benefits, Inc. (972) 406-3728 2010-0612 1 5O all l Hello