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Home My WebLink About20081765.tiff RESOLUTION 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, 2008, and ending June 30, 2009, 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. 2008-1765 (Ye o--(1 DA0002 JJ /J7 - J —/> Sc/ 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 23rd day of June, A.D., 2008. -,- BOARD OF COUNTY COMMISSIONERS • ' ,, WELD COUNTY, COLORADO ATTEST: 144141✓�I fr v 174-- -- '1861 , a, William H. Jerke, Chair Weld County Clerk to t '-' Bo: F`;;` O�j EXCUSED �.,•�ti Ro ert D. Maslen, Pro-Tem �- Deputy Clerk t the Board ^ -7,c____— w. . m F. Garcia A OV RM: David E. Long our y ttorney 7 �`3/, Dougla Rademache Date of signature: 7 / O 2008-1765 DA0002 NINETEENTH JUDICIAL DISTRICT WELD COUNTY COMMUNITY CORRECTIONS BOARD MEMO DATE: June 19, 2008 TO: Board of County commissioners FROM: Sharon Behrens, Administrative Coordinator SUBJECT: Intensive supervision and Parole Services Contracts, Revised' Attached are two sets of contracts, through the Board of County commissioners of the County of Weld, on behalf of the Weld County Community Corrections Board and to Behavioral interventions, inc., Rocky Mountain Offender Management Systems. These contracts are for Intensive Supervision Program for Inmates and Parolees, the contracts will be in effect from July 1, 2008 through June 30, 2009. These contracts are for both Inmate and Parole for 82,000.00 per fiscal year. In order for the Weld County Community Corrections Board to receive the funds, I send a monthly report to the Department of Corrections stating how many clients are in ISP and the funds spent on this program. This is what allows them to know if the WCCB is in need of more funds. I respectfully request the Board of Weld County Commissioners include this item on the June 23, 2008 meeting agenda for signature approval. If approved, please forward two originals for each contract to me, I will forward them to the providers. , lJ 2008-1765 AGREEMENT FOR COMMUNITY CORRECTIONS INTENSIVE SUPERVISION PROGRAM FOR INMATES AND PAROLEES THIS CONTRACT, is effective this 1st day of July 2008 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., whose address is 6400 Lookout Rd, Boulder, Colorado, 80301 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, 2008, and ending June 30, 2009, 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 Board Administrative Coordinator 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$82,000.00for the term from July 1, 2008 to June 30, 2009. 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. 1 :;11 7-(743 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. 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: Sharon Behrens, Community Corrections Administrative Coordinator, 909 10th Avenue, Greeley, Colorado, 80631. The Contractor at Greeley.: Dianna Campbell, Program Manager, 810 9th Street, Greeley, 80631 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. 2 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 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. IN WITNESS WHEREOF, the parties hereunto have executed this Contract on the day first above written. Contractor: Board: Behavioral Intervention, Inc. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: ,, ,� BY: "1_2 William H. Jerke, Chair (for-por -It eon-ire Vier JUN 2 J 2008 Title //��/l 8y- 076‘ 2=76 �7 ' J/ TEST: ,as. Federal I.D. # ! ' ^ da d f Ave ounty Clerk to the Board SUBSCRIBED AND SWORN to befor this I a'i1, day of June, 2008 De ty Cle to the Board WITNESS my hand and official seal. APPROVED RM: O- 4-2,4 BY: C y Attorney Notary Public My commission expires: 9/2‘)/dCt' 11 LESLIE S. FREDERICK NOTARY PUBLIC STATE OF COLORADO My Commission Expires 09/20/2009 3 &Doi'-/76x5 AGREEMENT FOR COMMUNITY CORRECTIONS INTENSIVE SUPERVISION PROGRAM FOR INMATES AND PAROLEES THIS AGREEMENT is made and entered into this 1 day of July 2008, by and between the County of Weld, State of Colorado, by and through the Board of County Commissioners of the County of Weld, on behalf of the Weld County Community Corrections Board, whose address is 915 10th Street, Greeley, Colorado 80631. Hereinafter referred to as"County," and Rocky Mountain Offender Management Systems, whose address is 800 8t 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, 2008, and ending June 30, 2009, 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 itemized monthly bill to the County's Community Corrections Board Administrative Coordinator 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 RMONS 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$82,000.00 for the term from July 1, 2008 to June 30, 2009. 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 1 ,270O?-/76-5 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 Agreement in the amount of$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. 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: Sharon Behrens, Community Corrections Administrative Coordinator, 909 10th Avenue, Greeley, Colorado, 80631. The Contractor at Greeley: Matt Law, Administrator, 800 8th Avenue, Suite 100, Greeley, CO 80632. 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. 2 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 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 workers 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. IN WITNESS WHEREOF, the parties hereunto have executed this Contract on the day first above Written. Contractor: Board: Rocky Mountain Offender Management Systems. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: Lei - 1 C BY: William H. Jerke, Chair c, vvtVA, ttt, JUN232008 Title k — 151 ! 271 1 . Ike!i- ST: Federal LD. # ` �ll% 1861 1'1 ounty Clerk to the Board SUBSCRIBED AND SWORN to before ' 1 this i I day of June, 2008. O(L V 2 • (�( . ( l0YVI De (y CIer4 t the Board J1 WI ESS my han: .nd • icial seal. APPROVE OR : ��IL AsS 43Y: • Notary " blic ,,,,, C ,Attorney � NG�,,l KElj My •• ission expires: ?:.........•.. I -T::r O�3 v' PcmV /49 'SIT TOF COy$4boa 1i.................� 'mss Juts ti (2OO'-/ 265 Hello