HomeMy WebLinkAbout20091508.tiffRESOLUTION
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, 2009, and ending
June 30, 2010, 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 29th day of June, A.D., 2009.
BOARD OF COUNTY COMMISSIONERS
WELD OUrCOLORADO
ATTEST:
Weld County Clerk to the B
BY: -
DepyutS
Clerk
AP ED A
the Board
ounty A orney
Date of signature
ham F. Garcia Chair
cv-0...sisiAck Ctrs(
ougl..s Radema• er, Pro-Tem
-
e P. Conway
Kirkmeyer
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2009-1508
JS0002
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MEMORANDUM
To: Board of County Commissioners
From: Doug Erler
Re: Sub -Contract 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 Sub -Contract with Intervention Inc. to provide on -going
community correctional services.
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
2009-1508
WELD COUNTY COMMUNITY CORRECTIONS BOARD
CONTRACT WITH
Intervention Incorporated
THIS CONTRACT, effective this 1s` 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 the Weld
County Community Corrections Board, ("Community Corrections Board") and Intervention Incorporated,
1333 West 120`h 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:
I. 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.
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."
S'o9-/3-D '
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 Contractors 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".
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
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
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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"),
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.
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.
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 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.
The Board and Contractor acknowledge that Contractor will continue to
operate its program from the Weld County Jail for a period of twelve (12)
months beginning July 1, 2009 and ending June 30, 2010.
2. Contractor will execute a revised Lease Agreement with the Board, by and
on behalf of the Weld County Sheriff to permit Contractor to utilize the iail
facility for the period referenced in the foregoing paragraph. Contractor
agrees to be bound to the terms of said Lease Agreement, a copy of which is
attached hereto, and made a part hereof, 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 Agreement.
3. Contractor acknowledges that a new Lease Agreement may be executed
with the Board upon final construction of the Board's new community
corrections facility, and as determined by the Board.
2. Responsibilities of the State:
6
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:
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:
S
1. Performance Period. The contract shall be effective on July 1, 2009, and extend through
June 30, 2010, 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
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
9
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
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
10
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.
II
Notary Public
THE PARTIES HEREUNTO HAVE EXECUTED THIS CONTRACT.
Contractor:
Intervention Incorporated
Board:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: —C G% BY:
Kelly Seng
•erger, President
l7 -;“-t 33)s -I
1
William F. Garcia, Chair JUN 2 g
2009
Federal I.D. # ATTEST: MO
SUBSCRIBED AND SWORN to before me Weld County Clerk to t
this .2"' day of June 2009
WITNESS my hand and official seal.
BY:
Deputy Clerk to the B
APPROVED TO FO
My commission expires: County Attorney
VALERIE MICCIULLI
NOTARY PUBLIC
a,m ATE OF COLORADO
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