HomeMy WebLinkAbout20091510.tiffRESOLUTION
RE: APPROVE TWO AGREEMENTS FOR COMMUNITY CORRECTIONS INTENSIVE
SUPERVISION PROGRAM 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 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, 2009, and ending June 30, 2010, with further terms and conditions being as stated in said
agreements, and
1. Behavioral Interventions, Inc.
2. Rocky Mountain Offender Management Systems
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 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.
2009-1510
73('Li ) i,7,a'y 0(7 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 29th day of June, A.D., 2009.
ATTEST:'
Weld County Clerk to the Bo
BY
AP
o my Attorney
Date of signature 1 13 [OCt
OARD of COUNTY COMMISSIONERS
D1WTY, COLORADO
am F. Garcia, Chair
f7 t kks
/Q:n7n CI
ougls Radema)her, Pro-Tem
Sea j P. Conway
ra Kirkmeyer
David E. Long 51
2009-1510
JS0002
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COLORADO
MEMORANDUM
To: Board of County Commissioners
From: Doug Erler
Re: Sub -Contract for Intensive Supervision Program
(ISP) Services
Date: June 29, 2009
As discussed previously in a work session, it is recommended that the
Board approve the following:
Renew Sub -Contract with BI, Inc. to continue providing
Intensive Supervision Program (ISP) services of Parolees
under the care of the Department of Corrections.
Enclosed are four (4) signed original copies.
Thank you.
Community Corrections Department
909 10th Avenue * P.O. Box 758 * Greeley, CO 80631
Phone: (970)356.4000 x 4848 * Fax: (970)392-4677
2009-1510
AGREEMENT FOR COMMUNITY CORRECTIONS
INTENSIVE SUPERVISION PROGRAM (ISP) FOR INMATES AND PAROLEES
THIS CONTRACT, is effective this 15t day of July 2009 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 9`" 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,
2009, and ending June 30, 2010, 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 Community Corrections Department
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 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
$104,878 for the term from July 1, 2009 to June 30, 2010.
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 20 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 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.
2
MODIFICATION OF AGREEMENT: All modifications to this Agreement shall
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, Weld County Community Corrections
Department, Director, 909 10th Avenue, Greeley, Colorado, 80631.
Contractor: Michael Hankerd, Corporate Controller 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: BI, 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
3
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 and 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
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:
Behavioral Intervention, Inc.
BY: /E:7./
Board:
BOARD OF COUNTY
COMMISSIONERS WELD COUNTY,
COLORADO
BY:
Michael Hankerd, Corporate Controller William F.
y_ oY19 i9;)G
Federal I.D. #
SUBSCRIBED AND SWORN to before me
this ,;3v day of June, 2009
Fcia, CCr2 9 2009
Weld County Clerk to t
WITNESS my hand and official seal. APPROVED
O44 ,/k�,Z-ten'
Notary Public
My commission expires:
LESLIE S. FREDERICK
NOTARY PUBLIC
STATE OF COLORADO
My Commission Expires 09/20/2009
5
BY:
ou "' orney
Deputy Clerk to the Board
am09- /5/t
MEMORANDUM
To: Board of County Commissioners
From: Doug Erler
Re: Sub -Contract for Intensive Supervision Program
(ISP) Services
Date: June 29, 2009
As discussed previously in a work session, it is recommended that the
Board approve the following:
Renew Sub -Contract with Rocky Mountain Offender
Management Systems, LLC to continue providing Intensive
Supervision Program (ISP) services of Parolees under the care
of the Department of Corrections.
Enclosed are four (4) signed original copies.
Thank you.
Community Corrections Department
909 10th Avenue " P.O. Box 758* Greeley, CO 80631
Phone: (970)356-4000 x 4848 " Fax: (970)392-4677
AGREEMENT FOR COMMUNITY CORRECTIONS
INTENSIVE SUPERVISION PROGRAM (ISP) FOR INMATES AND PAROLEES
THIS CONTRACT, is effective this 1st day of July 2009 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,
2009, and ending June 30, 2010, 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
1
itemized monthly bill to the County's Community Corrections Department
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
$104,878 for the term from July 1, 2009 to June 30, 2010.
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 20 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 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.
2
7. MODIFICATION OF AGREEMENT: All modifications to this Agreement shall
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, Weld County Community Corrections
Department, Director, 909 10th Avenue, 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
3
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 and 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
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:
Rocky Mountain Offender Management
Systems, LLC.
BY:
Dan Beeck, General Manager
- is_cr,z 71
Federal I.D. #
Board:
BOARD OF COUNTY
COMMISSIONERS, WELD COUNTY,
COLORADO
BY:
William F. Garcia, Chair
JUN 2 9 2009
ATTEST:
Weld County Clerk to t
SUBSCRIBED AND SWORN to before me
thisc_.)/Pc day of June, 2009. BY:
WITNESS my hand and official seal.
Notary Public
My commission expires:
Deputy Clerk to
APPROV
BY:
My Commission Expires May 15. 2010
5
County Attorney
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