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HomeMy WebLinkAbout20101741.tiff RESOLUTION RE: APPROVE CONTRACT FOR COMMUNITY CORRECTIONS SERVICES AND AUTHORIZE CHAIR TO SIGN - INTERVENTION, 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 a Contract between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Community Corrections Board, and Intervention, Inc., commencing July 1, 2010, and ending June 30, 2011, with further terms and conditions being as stated in said contract, and WHEREAS, after review, the Board deems it advisable to approve said contract, 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 Contract between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Community Corrections Board, and Intervention, Inc., be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said contract. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 2nd day of August, A.D., 2010. BOARD OF COUNTY COMMISSIONERS WELD COU , COLORADO ATTEST: *S& Z arc kjT ougl Radem cher, Chair Weld County Clerk to th yt•:. ` c4 fix =arbara Kirkmeye , Pro-Tern Deputy Clerk to the Boar: t�' �� —. S` Sean P. Con AP D FORM: /� / William F. Ga cia County Attorney EXCUSED / David E. Long Date of signature: 2/41 (2, t--C 2010-1741 ?-ay-/0 JS0002 (tett Weld County Government Justice Services Division 1008 9th Street P.O.. Box 758 Greeley, CO 80632 Phone: (970) 336-7227 C. Fax: (970) 392-4677 COLORADO Memorandum To: Board of County Commissioners From: Doug Erler, Director Re: Consider Community Corrections Sub-Contract with Intervention Community Corrections Services ("ICCS") and Authorize Chair to Sign Date: July 27, 2010 On behalf of the Weld County Community Corrections Board, it is respectfully requested that the Board of County Commissioners renew its sub-contract with ICCS for Fiscal Year 2010-2011. FY 2010-2011 Allocations: $1,143,333.30 for Residential Diversion (83 beds) $881,606.40 for Residential Transition (64 beds). This is an increase of 15 beds. $125,209.60 for Non-Residential (67 slots) $86, 005.97 for Corrections Board Administration. This is an increase of $8,265.06. $2,236,155.27 TOTAL The County Attorney has reviewed this updated Sub-Contract. Thank you. 2010-1741 WELD COUNTY COMMUNITY CORRECTIONS BOARD CONTRACT WITH Intervention Incorporated THIS CONTRACT, effective this 1st day of JULY, 2010 by and between the Board of Commissioners of Weld County ("the Board"), PO Box 758, Greeley CO 80632 on behalf of the Weld County Community Corrections Board, ("Community Corrections Board") and Intervention Incorporated, 1333 West 120th Avenue, Suite 101, Westminster, Colorado 80234 hereinafter referred to as "the Contractor." 1. Authority exists in the law and funds for the current fiscal year have been budgeted, appropriated and otherwise made available and a sufficient uncommitted balance thereof remains available for encumbering and subsequent payment of this contract; and 2. Required approval, clearance and coordination has been accomplished from and with appropriate agencies; and 3. The Board has entered into a contract with the Colorado Department of Public Safety, Division of Criminal Justice, to provide community corrections services pursuant to Title 17, Article 27, and Section 18-1.3-301, C.R.S., as amended, and desires to subcontract with Intervention Community Corrections Services, for the provision of such services. NOW THEREFORE, subject to the terms, conditions, provisions and limitations contained in this contract, the Board and the Contractor agree as follows: STATEMENT OF WORK 1. Responsibilities of the Contractor: A. Approval. The Contractor shall be approved by the local community corrections board in their jurisdiction and operate pursuant to Title 17, Article 27, and Section 18-1.3-301, C.R.S., as amended. B. Description of Services. The Contractor shall provide such services as specifically set forth in the annual proposal submitted to the Board for the provision of services to 1) offenders referred by the Department of Corrections (DOC), 2) offenders referred by the State Judicial Branch (SJB), 3)offenders referred by the State Board of Parole, or 4) offenders referred by SJB pursuant to Section 19-2-907, Section 19- 2-907(1)(b), Section 19-2-908, and Section 19-2-910, CRS., as amended. A copy of such annual proposal submitted by the Contractor shall be marked as Contractor's Exhibit "A." C. Standards. The Contractor shall meet, maintain, and comply with all applicable guidelines or standards as provided in Title 17, Article 27, and Section 18-1.3-301, CRS, as amended, and the "Colorado Community Corrections Standards", as revised or amended. Non-compliance with Standards may result in reduction of compensation rates as specified in Paragraph 2.A.2. Herein; cessation of offender placements in the program; implementation of a competitive bid process to consider alternative program providers; or cancellation of the contract. D. State and Local Regulations. The Contractor shall comply with all state and local health, safety, fire, building and zoning requirements. E. Victim Rights Act. The Contractor shall comply with Section 24-4.1-302.5, Section 24-4.1-303 and Section 24-4.1-304 C.R.S., as amended, commonly known as the Victim Rights Act and enabling legislation. F. Immigration Reform Control Act. The Contractor shall comply with all federal and state laws, including the Immigration Reform Control Act in all hiring practices. G. Americans with Disabilities Act. The Contractor shall comply with all applicable titles of the Americans with Disabilities Act (Public Law 101.336) and submit documentation as required by the State to demonstrate compliance with this Act. H. Client Files. The Contractor shall maintain individual files for each offender participating in the Contractor's program as required by DOC/SJB. The individual files shall be maintained in a secure area, in a locked file cabinet or safe. Such files and criminal history records shall be maintained and disseminated pursuant to federal and state regulations. Reports. The Contractor shall provide timely, prompt, and accurate reports as are or may be required by the State, DOC, SJB, or the Community Corrections Board during the period of the contract, which include but are not limited to statistical reports, caseload data, required entries into the Community Corrections Information and Billing ("CCIB") computer system, Survey Questionnaires and other records documenting the types of services provided and the identity of the individual offenders receiving such services. Computerized termination forms and related offender data must be completed by program staff, as prescribed by the State, for each offender served, and shall be completed with the requirements of the State and the Community Corrections Board. J. Fugitive Reporting System. Pursuant to Section 17-27-104 (11), C.R.S., the Contractor shall report any probable escape of any offender funded pursuant to this contract in effect at the time of the escape. Program staff shall also provide the State information about any offender who escapes from its supervision. The contractor shall provide to the Community Corrections Board with monthly escape reports of all offenders reported as escapees, whether Diversion or Transition offenders. K. Supervision of Offenders. The Contractor shall provide 24-hours-a-day, seven-day- a-week staff supervision of the offenders assigned to the residential facility as specified in the "Colorado Community Corrections Standards". 2 L. Method of Billing. The Contractor shall bill the State for services provided on such forms and in such manner as the State may require. In order for the billing to be approved and accepted by the Community Corrections Board, the signature of the appropriate probation/parole liaison or board representative, confirming the accuracy of the billing is required. Billing shall be submitted through CCIB and/or at the sole discretion of the State, on a Community Corrections Billing form provided to the Contractor by the State for that purpose. The State reserves the right to modify billing procedures. M. Additional Services. The Contractor shall obtain prior written approval from the State and the Community Corrections Board before providing any additional billable services or evaluations not provided for by the terms and conditions of this contract. If services are billed by the Contractor that exceed the maximum total payments as described in Paragraph 2.A.2. herein, neither the State nor the Community Corrections Board is liable for reimbursement. Should additional funding become available, the State or the Community Corrections Board may, at their own option, choose to reimburse beyond the amount specified in Paragraph 2.A.2. herein. N. Reimbursement by Client. The Contractor shall charge each offender participating in a community corrections program the reasonable costs of the services not covered by State payments. The charges may be collected on an ability to pay basis. Each offender shall be issued receipts for fees collected. Any charges to offenders in excess of the amounts listed in the legislative appropriation must be approved in advance by the State and the Community Corrections Board. The Contractor must provide a description of such additional fees, including rates, services or products purchased, and program policies and procedures related to collecting and record keeping to the State, the community corrections board, and the referring agency. O. Absence Due to Arrest. The Contractor shall notify DOC/SJB immediately if they know an offender has been arrested and/or is in the custody of, federal, state, or local authorities. The Community Corrections Board shall compensate the Contractor at full rate for the day the offender is arrested, and at 50% of the regular per diem rate for up to seven (7) days for maintaining the availability of a position during the offender's absence. P. Unauthorized Absence. The Contractor shall notify DOC or SJB, through the appropriate probation/parole liaison, within two (2) hours after an offender is discovered to be absent from an approved location or activity without authorization. The Contractor shall keep the offender's position available for a period not to exceed one (1) day during the offender's unauthorized absence if DOC/SJB notifies the Contractor that it does desire to have the position kept available. The Community Corrections Board shall compensate the Contractor at full rate the day the offender escapes. Q. Insurance. 1. The Contractor shall obtain and maintain in full force and effect at all times 3 during the term of this agreement, insurance in the following kinds and amounts: a. Standard Worker's Compensation and Employer Liability as required by State statute, including occupational disease, covering all employees on or off the work site, acting within the course and scope of their employment. b. General, Personal Injury, and Automobile Liability (including bodily injury, personal injury, and property damage) minimum coverage: 1) Combined single limit of $600,000 if written on occurrence basis. 2) Any aggregate limit will not be less than $1,000,000. 3) Combined single limit of $600,000 for policies written on a claims-made basis. The policy shall include an endorsement, certificate, or other written evidence that coverage extends two (2) years beyond the performance period of this contract. 4) If any aggregate limits are reduced below $600,000 because of claims-made or paid during the required policy period, the Contractor shall immediately obtain additional insurance to restore the full aggregate limit and furnish a certificate or other document showing compliance with this provision. 2. The Community Corrections Board, the Board of County Commissioners of the County of Weld and its employees, and State of Colorado shall be named as additionally insured parties under all the Contractor's liability coverage policies. 3. The insurance shall include provisions preventing cancellation within sixty (60) days prior notice to the State and to the Board by certified mail. 4. The contractor shall provide a certificate showing adequate insurance coverage to the Board and the State on July 1 each year, whenever insurance coverage changes in any manner and/or upon request of the State or Board, unless otherwise provided. 5. If the contractor is a "public entity" within the meaning of the Colorado Governmental Immunity Act, C.R.S. 24-10-101 et seq., as amended ("Act"), 4 the Contractor shall at all times during the term of this contract maintain such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the Act. Upon request by the State or the Board, the contractor shall show proof of such insurance. R. Access to Medical Services. Policy and procedures of the Contractor shall specifically prohibit any restriction or constraint of offenders' movement or efforts to attend to their legitimate medical or dental needs. If a medical emergency occurs, the Contractor shall immediately notify the referring agency (DOC or SJB). The Community Corrections Board shall compensate the Contractor at the full rate the day an offender is placed in a hospital, and at 50% of the regular per diem rate for up to seven (7) days for holding a bed available during the hospitalization of an offender, unless the referral agency notifies the Contractor otherwise. S. Review and Inspection. The Contractor shall allow the State, the Board, the Community Corrections Board, DOC, SJB, or Health Department employees to inspect, with or without notice, the facilities, fiscal and program files, other records, and services provided to determine compliance with this contract. T. Record Retention. The Contractor shall retain all books, records, and other documents of any part pertaining to this agreement for seven (7) years after final payment, and allow any person duly authorized in writing by the State or the Community Corrections Board to have full access to and a right to examine and copy any of the above materials during such period. U. Information Provided. The Contractor shall provide information upon request of the appropriate DOC/SJB officers or the Board and/or the Community Corrections Board regarding the activities and adjustment of offenders assigned to their program. The Contractor shall collect, maintain and make available to DOC/SJB or the Board and/or the Community Corrections Board ongoing data regarding employment, alcohol abuse, drug abuse, psychological problems and treatment, vocational or educational needs and services, re-arrest or other criminal activity, and court-imposed fines and restitution. The Contractor shall make timely entries of such data into the CCIB computer system, as the State may require. V. Financial Audit. The Contractor shall provide to the State an independent fiscal audit report, which addresses the agency's fiscal year(s) relevant to the contract period. Such materials shall be provided to the State every three (3)years within six (6) months of the end of the fiscal year, beginning in 2011, unless a different schedule is established in writing by mutual agreement of the parties. These requirements may be waived all or in part, by the State, in accordance with established standards. W. Notification of Ownership Changes. 1. The Contractor shall notify the Board, Community Corrections Board and the State in writing within thirty (30) days after becoming aware that a change in its ownership has occurred, or is certain to occur, that could result in changes in the valuation of its capitalized assets in the accounting records. The 5 Contractor shall also notify the Board and the State in writing within thirty(30) days whenever changes to asset valuations or any other cost changes have occurred, or are certain to occur, as a result of a change in ownership. 2. The Contractor shall: a) Maintain current, accurate and complete inventory records of assets and their costs; b) Provide the Board, the Community Corrections Board or State or designated representative ready access to the records upon request; c) Ensure that all individual and grouped assets, their capitalized values, accumulated depreciation or amortization, and remaining useful lives are identified accurately before and after each of the Contractor's ownership changes; and d) Retain and continue to maintain depreciation and amortization schedules based on the asset records maintained before each subcontractor ownership change. X. Matters Regarding Facilities. 1. The Board and Contractor acknowledge that it shall be a condition of this Contract that Contractor will fully comply with Lease Agreement between the Board and the Contractor to operate its program at the Weld County Community Corrections Facility at 1101 H Street, Greeley, CO 80631 for a period of twelve (12) months beginning July 1, 2010 and ending June 30, 2011. 2. Contractor agrees to be bound to the terms of said Lease Agreement and acknowledges that any violation of the lease provisions which results in the Board's termination of the Lease Agreement may be grounds for the termination of this Contract. 3. Contractor acknowledges that a new Lease Agreement may be executed with the Board upon or before June 30, 2011. 2. Responsibilities of the State: A. Payment of Services. 1) The Board shall compensate the Contractor in accordance with the schedule in Paragraph 2.A.2. herein subject to compliance with the provisions of the contract. 2) During the period of the contract, upon receipt of proper billing from the Contractor as provided in paragraph 1.L. herein, payment shall be made in an amount of: 6 A daily rate of$37.74 per offender, for residential diversion direct sentence, and diversion condition of probation placements. A monthly rate of no more than $248.00 per offender, for diversion non-residential placements, not to exceed an average of$5.12 per day per offender, A daily rate of$37.74 per offender for residential transition placements. A daily rate of $37.74 per offender for residential condition of parole placements. 3) Reimbursement will not be allowed for the first day of an offender's participation in a program, but shall be allowed for the last day of an offender's participation. The day an offender transfers from Residential to Non-Residential status, reimbursement will be made at the residential daily rate, but shall not be made for non-residential expenses. The day an offender transfers from Non-Residential to Residential status, reimbursement will be made for non-residential expenses, but shall not be made for the residential daily rate. 4) The Contractor shall use no more than one percent (1%) of their total residential diversion allocation for condition of probation clients. Reimbursement for any single client in residential diversion community corrections as a condition of probation shall be limited to a maximum of thirty (30) days, unless a written request is presented to and approved by the State. 5) Reimbursement may be allowed for any additional programmatic funding approved by the Legislature. 6) The Board may transfer up to 10% of funds between the Transition and Diversion line items listed in Section 2.A.2 above to ensure full utilization of funds with the Contractor during any term of this agreement, and as approved by the Board and the State. B. Payment for Travel. The Board shall reimburse the Contractor at the rate allowed by State Fiscal Rules, when such travel is requested by the DOC or approved by the State for the purpose of transporting offenders. The Contractor agrees that any and all travel to DOC correctional facilities shall be coordinated by DOC prior to the Contractor being reimbursed. The Contractor shall provide the Board with travel reports setting forth the date of travel, mileage, destination and offenders transported. Reimbursement for mileage shall be made from Residential Transition Allocations as listed in Section 2.A.2 above. Payment shall be made by the trip, not for each individual offender. C. Payments for Leave(s) of Absence. The Board shall pay the Contractor for the following leaves of absence of offenders at the full per diem rate, when authorized and approved by DOC or SJB: 1) "Pass or furlough" based on a privilege to leave the facility to an approved location for up to forty-eight (48) hours. 2) "Off-grounds leave"for the purpose of conducting a hearing or assessment regarding the continuation of the offender in community corrections, for a maximum allowable period of three (3) days. 3) "Emergency leave" caused by and limited to a serious life-threatening incident in the offender's immediate family, subject to a maximum period of seven (7) days, to be reimbursed at 50% of the regular per diem rate. D. Noncompliance. The Community Corrections Board and the Board agrees to allow the Contractor thirty (30) days within which they may correct or justify identified issues, following a notice of noncompliance, unless there is an immediate risk to public safety. If the identified issues are unresolved within the thirty(30)day period, action may be taken to withhold payment to the Contractor until those identified issues are satisfactorily completed; deny payment for those services or obligations which may not have been performed by the Contractor and which, due to circumstances caused by the Contractor, cannot be performed, or if performed are of no value to the Board or the State. Denial of the amount of payment to the Contractor shall be reasonably related to the value of work or performance lost to the Board or the State. E. Limitation of Payments and Liabilities. The Board assumes no liability for any deficiency that the Contractor may incur either in the operation of its program or for any debts or expenditures incurred by the Contractor for ensuing fiscal years when funds for that purpose have not been appropriated or budgeted. II. GENERAL PROVISIONS: 1. Performance Period. The contract shall be effective on July 1, 2010, and extend through June 30, 2011, contingent upon availability or funds. 2. Assignment. The rights and duties arising under this contract shall not be assigned or delegated without the prior written consent of the Community Corrections Board. 3. Breach. A breach of this contract shall not be deemed to be a waiver of any subsequent breach or default of the contract. 4. Third-Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this contract, and all rights of action relating to such enforcement, shall be strictly reserved to the Board and the Contractor. Nothing contained in this contract shall give or allow any claim or right of action whatsoever by any other or third 8 person; otherwise, it is the express intent of the parties to this contract that any such person or entity receiving services or benefits under this contract shall be deemed an incidental beneficiary only. 5. Governmental Immunity. Notwithstanding any other provision of this contract to the contrary, 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, protection, or other provision of the Colorado Governmental Immunity Act, Section 24-10-101, et. seq. CRS, as now or hereafter amended. The parties understand and agree that liability for claims for injuries to persons or property arising out of negligence of the State of Colorado, its department, institutions, agencies, boards, officials and employees is controlled and limited by the provisions of Section 24-10-1-101, et. seq., CRS, as now or hereafter amended and the risk management statutes, Section 24-30-1501, et. seq., CRS, as now or hereafter amended. 6. Termination. Either party may terminate this contract by giving thirty (30) days notice in writing, delivered by certified mail, return receipt requested, to the other party at the above address, or delivered by personal services upon the party. If notice is so given, this contract shall terminate on the expiration of the thirty (30) days, and the liability for the parties hereunder for the further performance of the terms of this contract shall thereupon cease, but the parties shall not be relieved of the duty to perform their obligation up to the date of termination. 7. Upon receipt of notice of termination for convenience. The Contractor shall incur no further obligations in connection with the contract. The Contractor will be reimbursed for reasonable costs allocable to the contract performance. Incorporation of terms of Request for Proposal and Response from Contractor. The parties hereby incorporate by reference the Request for Proposal and all attachments hereto, the Contractors proposal subsequent correspondence, and contract agreements. 8. Entire Understanding. This contract is intended as the complete integration of all understanding between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or affect whatsoever, unless embodied herein in writing. No subsequent novation, renewal, addition, deletion or other amendment hereto shall have any force or effect unless embodied in a written contract executed and approved pursuant to the State of Colorado fiscal rules. 9. Non-Discrimination. The Contractor agrees to comply with the letter and spirit of all applicable state and federal laws respecting discrimination and unfair employment practices. 10. Software Piracy Prohibition. No State or other public funds payable under this contract shall be used for the acquisition, operation, or maintenance of computer software in violation of United States copyright laws or applicable licensing restrictions. The Contractor hereby certifies that, for the term of this contract and any extensions, the Contractor has in place appropriate systems and controls to prevent such improper use of public funds. 11. Employment or Contracting with Illegal Aliens. Under Colorado Law, the Contractor 9 certifies that it shall comply with the provisions of Section 8-17.5-101, set seq., C.R.S. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subcontractor that fails to certify to Contractor. That the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor represents, warrants, and agrees that it(a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise comply with the requirements of Section 81-5-102(2)(b), C.R.S. Contractor shall comply with all reasonable requests made in the course of an investigation under Section 8-17,5-102,C.R.S., by the Colorado Department of Labor and Employment. If Contractor fails to comply with any requirements of this provision or Section 8-17.5-101. et seq., C.R.S., Weld County Government may terminate this Contract for breech and Contractor shall be liable for actual and consequential damages to Contractor. Except where exempted by federal law and except as provided in Section 24-76/5-103(3), C.R.S., if Contractor receives federal or state funds under this Contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to Section 24-76.5-103(4), C.R.S., if such individual applies for public benefits provided under this Contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by Section 24-76/5-101.et seq., C.R.S. and (c) shall produce one of the forms of identification required by Section 24-76.5- 103, C.R..S., prior to the effective date of this Contract. 12. Termination of Agreement. This Agreement may be terminated for default if the Contractor substantially fails to satisfy or perform the duties and obligations correct or take reasonable steps to correct deficiencies in this contract and services. The Community Corrections Board shall provide written notice to the Contractor of County's intent to invoke the termination provisions of the contract, state the reasons for such action and reference the previous request to correct the deficiencies. Contractor will be provided fourteen (14) working days from receipt of written notice of intent to terminate the contract for default to correct deficiencies to the satisfaction of the Board. If the Contractor fails to correct deficiencies within this time, the Board may declare the contract terminated. 10 THE PARTIES HEREUNTO HAVE EXECUTED THIS CONTRACT. Contractor: Board: Intervention Incorporated BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO �' BY: ay: &i ,yr, Kell en. -nb r:er, President D?uglas Rademacher, Chair 4 _ .R it AUG 022010 7 Federal I.D. # ATTEST: atE La�� SUBSCRIBED AND SWORN to before me Weld County Clerk to the .t . -*It's2 this ?'7 day of July 2010 �, k BY: i / I_______. �►'_ 't 1_ Deputy C -rk to the Board �! WITNESS my hand and official seal. g/L- Z e. APPROVED AS TO FORNblic BY: My commission expires: County Attorney VALERIE MICCIULLI NOTARY PUBLIC STATE OF COLORADO 0 „ 4 My Commission Expires 08/25/2010 11 070/O-/ 7Y/ Hello