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COMMUNITY EDUCATION CENTERS
June 5, 2008
Via facsimile and Overnight Mail
County Board of Commissioners
Weld County
915 Tenth Street
Greeley, CO 80632
Weld County Community Corrections
909 10`h Avenue
Greeley, CO 80631
Weld County Sheriff
1959 O Street
Greeley, CO 80631
Re: RFP # 012-08
Honorable Sirs/Madams:
On Wednesday, June 4, 2008, the Commissioners met at a public meeting and rendered a
decision on RFP # 012-08 awarding the contract there under to Intervention Community
Corrections Services ("ICCS") along with Colorado Resource Systems, Inc. ("CRS"), who
through its principal, Doug Carrigan, offered to withdraw its bid and collaborate with ICCS by
providing the facilities for the programs. As you are aware, Community Education Centers,
Inc. ("CEC") submitted a proposal on this RFP and had received favorable votes of
recommendation from the Community Corrections Board ("the Board") for award of the
contract. The current contract is being run, safely, securely and effectively at the Villa.
On May 16, 2008, CEC took control, by way of lease, of all of Southern Corrections
Systems, Inc.'s ("SCS", a wholly owned subsidiary of Avalon) facilities in Colorado, including
the Villa in Greeley. This was a time of crisis for the County. CEC stepped in and assumed all
the contracts of SCS at their Colorado facilities, including the Weld County contract at the Villa.
The Commissioners were so gracious as to thank us publicly for doing so at the June 4 meeting.
We fully hoped to and intended upon providing continued exceptional service to the County.
35 Fairfield Place •West Caldwell, NJ 07006•Tel: (973) 226-2900• Fax: (973) 740-1793
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t-0-77)- 22-4-r„—;c410- 2008-1726
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County Commissioners
June 5, 2008
Page Two
It is with regret, therefore, that I must now take a firm position with the County. Please
be advised that CEC, alone, has possession, control and legal right to the Villa by way of a lease
with an Option to Purchase. We will not agree to enter into any arrangement that would allow for
another provider to utilize the facility. The purpose of this letter therefore, is to put the
Commissioners on notice of the following:
1) The award of the Weld County contract is effective as of July 1. As we do not now have
a contract with Weld County, under no circumstances will we allow Weld County
offenders to remain in the facility beyond June 30. In that regard, kindly advise us
immediately of the transition plan for the offenders. We assume that we would start
moving them to another facility beginning next week. Kindly advise of your decision
within five (5) business days, and of the location as to where to send them; and,
2) We fully intend, within the next few days, to commence a legal action for injunctive
relief to enjoin the Commissioners' award to ICCS. Some of the reasons which will
comprise the basis for legal action follow on below; however, it is our understanding that
the Commissioners' action's were not only so conflicted, but deviated so substantially
from the intent and spirit of competitive bidding that no reasonable court could allow the
decision to stand.
a. After the RFP was issued, on April 9, the Commissioners approved a lease to
CRS which provides for CRS to pay the Commissioners' approximately $10,000
per month (it is questionable as to whether this lease should have been put out to
bid). Upon information and belief, the Commissioners', prior to rendering their
decision on the award, were aware that this lease was being offered by CRS to
ICCS as a location for the services to be rendered pursuant to the award;
b. At the public meeting on June 4, the Commissioners allowed two vendors to
amend their proposal, verbally, after the bid was already closed, creating an unfair
advantage in favor of some vendors over others;
c. The Commissioners awarded the contract in violation of the competitive bidding
statutes in that they did not award to the lowest responsible bidder; neither ICCS
or CRS will have a facility on July 1, or any time in the near future, to house the
132 inmates who are the subject of the RFP; one location secured by CRS (the
lease with the County) contains a prohibition against subcontracting and CRS has
not secured a lease or appropriate zoning on the other;
d. The Commissioners awarded the contract to a vendor that misrepresented the
truth in its proposal and answer to questions. At no time, was it a real possibility
that there would be a contract between the current vendor and ICCS. Avalon has
never had any serious discussions with ICCS regarding the Villa and, therefore,
ICCS completely misrepresented the transition section of their proposal.
All other procedural deficiencies in the process of evaluating and awarding this contract
will also be noted in the motion for injunctive relief
County Commissioners
June 5, 2008
Page Three
We would much prefer to work amicably with the County and were very much looking
forward to rendering services to the individuals entrusted to our care and to the County
itself. It appears that the Commissioners are allowing a bias against out of state providers
taint their decision in opting for a local vendor that cannot currently perform on the
contract. Indeed, it will be the offenders themselves, and the County constituents that
suffer the consequence of the decision made.
We welcome the o rtunity to discuss this matter with you further, should you so
choose. Please act Kevin Duckworth, our Regional Director, directly at (303) 468-
4570. Otherw' , we look forward to receipt of your transition plan.
Regards,
John J. cy
thai an/C O
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