HomeMy WebLinkAbout20091509.tiffRESOLUTION
RE: APPROVE LEASE AGREEMENT AND AUTHORIZE CHAIR TO SIGN -
INTERVENTION, INC., 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, Inc., dba Intervention Community
Corrections Services, commencing July 1, 2009, and ending June 30, 2010, 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, Inc., 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 29th da y une, A.D., 2009.
ATTEST: a`
Weld County Clerk to the
BY:
County ""orney
Date of signature'
David E. L
13 !DC!
BOARD OF COUNTY COMMISSIONERS
WE GTY, COLORADO
Dougl: s Radema her, Pro-Tem
Sea, P. Conway
arb a Kirkmeyer
r olfong
v
2009-1509
JS0002
MEMORANDUM
To: Board of County Commissioners
From: Doug Erler
Re: Lease Agreement for Community Corrections
Services
Date: June 29, 2009
As discussed previously in a work session, it is recommended that the
Board approve the following:
Renew Lease Agreement with Intervention Inc. (community
corrections vendor) to house offenders temporarily in A, B & C
Pods at North Jail Complex.
Enclosed are four (4) original signed 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
2009-1509
LEASE AGREEMENT
THIS LEASE AGREEMENT is made and entered into this 2c tC day of
1cu , 2009, 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, on behalf of the Weld County Sheriffs
Office, hereinafter referred to as "Lessor," and INTERVENTION, INC. 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. It is expressly understood by
the parties that Lessee does not intend to lease the facility on a permanent basis.
WITNESSETH:
That in consideration of the keeping and performance of the covenants and
agreements by Lessee, hereinafter set forth, Lessor hereby extends lease unto
Lessee of three (3) inmate -housing units located at the North Jail Complex, 2110
O Street, Greeley, Colorado hereinafter referred to as "the facility." Lessor and
Lessee understand that the facility shall consist of one fifty-two (52) bed housing
unit for male occupants, one sixty-four (64) bed housing unit for male occupants,
and one forty-eight (48) bed housing unit for female occupants; it is further
understood that occupancy of the facilities shall not exceed the above stated
number of residents for each housing unit. Use of the facility shall also include
access via the northwest pathway of the premises for residents and associated
personnel of ICCS.
Upon determination that when Lessor's permanent facility is completed,
Lessor may grant temporary transfer of Lessee's occupants, personnel and
necessary equipment from the three (3) housing units located at the North Jail to
Lessor's new facility located at 933 N. 11th Ave., Greeley, CO 80631. All
provisions of this lease as set forth below shall apply until such time that a new
lease is written and Lessor has determined a Lessee at the permanent facility,
which may include said Lessee of this Lease.
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2x2 -75e,
1. Lessee, in consideration of the leasing of the aforesaid facility, covenants
and agrees, as follows:
a. Rent will be paid by Lessee to Lessor at the rate of Twenty One
Thousand and Fifty Three and 00/100 dollars per month ($21,053.)
Rent will be paid on the first day of each month for the leased days in
the preceding month.
b. Lessee shall be responsible to pay for and provide all meals to
residents. Lessee shall ensure that meals meet nutritional
requirements established as U.S. Required Daily Averages. Food
shall be stored, prepared and served in compliance with all state and
local codes, laws and regulations. All food services shall be approved
and reviewed annually by a registered dietician.
c. To use ordinary care when using the facility. 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 facility unless approved by the Lessor.
d. To sublet no part of the facility.
e. To use the facility for no purpose other than conducting the business
of a community corrections program. A community corrections
program shall be defined as programs that provide 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.
f. To keep the facility clean and in a sanitary condition, and to maintain
the facility and the area surrounding it as a smoke free facility and
area.
g. To allow Lessor, at any hour of the day or night, to enter into or upon
the facility.
h. Lessee shall provide all office equipment and furniture and
furnishings not placed into service within the facility on the effective
date of this Lease
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J.
Lessee shall provide network connectivity and internet service
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 to support its network: Lessor has no responsibility
for technical support. 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 it
will need during the term of the lease. 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 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.
Lessee shall be solely responsible for the coordination of all medical
care provided to the offenders residing within the facility, and shall
be solely responsible for administering basic first aid and/or CPR for
any occupants in the facility. Lessee shall also be responsible to
dispense any medications needed by said offenders.
k. Construction, Renovation, Maintenance and Repair ("work"):
Lessee shall be responsible for the cost of all repairs to the facility,
including the building, fixtures, equipment and furnishings, which are
required by damage directly caused by offenders and/or Lessee
personnel misuse, abuse, and criminal acts.
Lessee shall use its best efforts to ensure the extended life of the
facility. 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 will provide
snow removal as needed for the pathway to the entry of A pod.
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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 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:
1. Lessee shall be responsible for obtaining all required approval
from Lessor for the completion of the work.
2. 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.
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.
4. 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.
5. All work done in, on or to the facility shall be done in a good and
professional manner and in compliance with all 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.
6. Lessee must obtain prior consent of Lessor to engage in general
maintenance activities for the facility, including the painting of
walls and replacement of floor coverings. 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. Lessee shall 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 paragraphs l.h and k., above. As of the date of
execution of this Lease Agreement, said deposit has been received
and is being held by Lessor.
m. Lessee shall provide all staff required for the supervision of the
offenders 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.
o. Lessee agrees to indemnify and hold harmless Lessor and its 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
by Lessor or Lessee, or by any of the inmates held by Lessor or any
occupants held by Lessee.
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
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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 Lessor as the insured.
Lessor shall also be an additional named insured on all such policies.
Said coverage may be partially satisfied through the insurance
coverage requirements of the Lessee's contract with the Community
Corrections Board of Weld County. Certificate(s) for the required
insurance shall be delivered to Lessor and shall provide that the
insurance cannot be cancelled or modified without the written consent
of Lessor.
r. Lessee shall protect Lessor and save and hold it harmless from any
and all third party claims and damages that may directly or indirectly
be caused by the operation of a Community Corrections program in
the leased facility, and further agrees to indemnify and save harmless
Lessor, its successors, assigns, employees and agents from any
damage or injuries sustained by them to the extent caused by Lessee's
negligence.
s. Lessee understands and agrees that this Lease is subject to all
applicable terms and conditions set forth in the 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.
2. Lessor, in consideration of the lease payments received for the lease of the
aforesaid facility, covenants and agrees, as follows:
a. Lessor shall provide all the following existing furnishings in the
facility, including, but not limited to, bunks, desks, whiteboards,
televisions, television stands, tables, chairs, shelves, personal video
visiting units, and officer post desks. All such property shall remain
the property of the Lessor.
b. Lessor shall provide bunk mattresses, sheets, portable personal
storage containers, totes, blankets and towels consistent with the same
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quality and quantity issued to inmates kept in the Weld County Jail.
All such property shall remain the property of the Lessor.
c. Lessor shall provide all cleaning chemicals and supplies, paper
towels, mops, mop buckets, laundry detergent and dispensed soap.
All such property that is unused at the end of the lease period shall be
the property of the Lessor.
d. Lessor shall provide all personal laundry equipment for resident use
within the facility. All such property shall remain the property of the
Lessor.
e. Lessor shall provide institutional laundry service for sheets, blankets
and towels.
Lessor shall not be responsible to provide meals for any occupants of
the facility. Lessor will authorize and grant access of Lessee's
independent food service provider and associated personnel to the
facility as needed.
g. Lessor shall pay for all utilities, heating, ventilation, and air
conditioning.
h. Lessor shall provide limited space in the computer/telephone room
for Lessee's server and/or equipment. Access to the
computer/telephone room by other than approved personnel of Lessor
must be pre -scheduled and a representative of Lessor must be present
at all times to supervise use. Lessor may require access to facility as
needed for Affiliated Computer Services (ACS) and associated
personnel to ensure that the information technology environment is
and remains in full compliance with all Weld County Government
standards.
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Existing 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.
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
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of this lease. Lessee shall inform the Weld County Community
Corrections Department that such services are needed. Department
personnel shall enter an electronic work order(s) to the Building and
Grounds Department ("B&G Work Order") describing work needed.
If for emergency purposes, Lessee shall directly inform Lessor on
behalf of the Weld County Sheriffs Office. All requests shall be
processed in order of priority.
k. The Weld County Sheriff's Office shall provide all security control
for the perimeter of the facility.
1. The Weld County Sheriff's Office shall provide personnel for all
emergency response calls made by Lessee, including medical first
responder.
m. Weld County Sheriff's Office shall allow the residents and personnel
of Lessee occupying the Facility to have access to the outside
exercise area when the area is not required for Weld County jail
inmates.
n. Lessor shall allow Lessee personnel and approved visitors of Lessee
to park vehicles at the northwest parking lot only at the facility.
Parking of vehicles shall be for business purposes only. Trailers,
boats, recreational vehicles or unregistered vehicles shall not be
allowed on any of the premises associated with the operation of the
Lessee unless specifically approved by the Lessor. Vehicles must be
parked in an orderly fashion. No 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.
Furthermore, the parties hereto agree as follows:
1. Except as required for the performance of Lessor's obligations, when
Lessor's personnel are required, Lessee shall provide all personnel needed
to operate the facility, and to provide the services required to operate a
community corrections facility: no Weld County employees shall perform
services related to the operation of the facility as a community corrections
facility.
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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 repairs under this Lease.
5. The duration of this lease shall be for twelve (12) months, commencing on
the 1st day of July, 2009, through the 30th day of June, 2010. Lessee or
Lessor may terminate this lease 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.
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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.
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BY:
IN WITNESS WHEREOF, the parties hereto have hereunder set their
hands and seals the day and year first written above.
ATTEST: SSOR:
C
Deputy Clerk to t
APPRO . ED AS TO SUBSTANCE:
BY:
TY OF WELD, COLORADO
OUGH THE BOARD OF
COUNTY COMMISSIONERS OF
THE COUNTY OF WELD,
By:
hn Cooke, Weld County Sheriff
William F. Garcia, Chair
JUN 2 9 2009
LESSEE:
INTERVENTION, INC. /
INTERVENTION COMMUNITY
CORRECTIONS SERVICES
/ ,
By: Kelly S L enbrgger, President
SUBSCRIBED AND SWORN to before me this 73 day of
WITNESS my hand and official seal.
My commission expires:
e -0 -tee -4.-e awe fl -a ate..+ -0-4 10.0'
VALERIE MICCIULLI
NCIARY PUBLIC
STA [ E OF COLORADO Z
My Commission Expires 08/25/2010
Notary Public
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