HomeMy WebLinkAbout20081764.tiff RESOLUTION
RE: APPROVE LEASE OF THREE JAIL HOUSING UNITS FOR COMMUNITY
CORRECTIONS 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 Lease for three(3)Jail Housing Units for
Community Corrections 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 Sheriffs Office, and
Intervention, Inc., commencing July 1, 2008, and ending June 30, 2009, with further terms and
conditions being as stated in said lease, and
WHEREAS, after review, the Board deems it advisable to approve said lease, 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 for three (3) Jail Housing Units for Community Corrections
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 Sheriffs Office, 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 lease.
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
��//
A Zia
WELD COUNTY, COLORADO
ATTEST: iate#/ � 1 L % '`l-19 d-
Will'am H. Jerke, Chair
Weld County Clerk to tha:p: „{""� 422 \16
Rob7. as n, o-Tem
BY:
Deputy Clerk to the Boa'��
Wina F. G. cia
APP M: �_ r
David E. Long
ount Attorney
6241/42 Douglas��ademache
bate of signature:
2008-1764
nw SO SO0029
CRS Lease; 7/01/08
LEASE
THIS LEASE is made and entered into this 20th day of June, 2008, 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
Sheriff's Office, hereinafter referred to as "Lessor," and Intervention, Inc./Intervention
Community Corrections Services, a Colorado Nonprofit Corporation, hereinafter referred to
as "Lessee."
It is expressly understood by the parties that Lessee does not intend to lease the facility
on a permanent basis, but intends to secure a permanent facility on or before June 30, 2009.
WITNESSETH:
That in consideration of the keeping and performance of the covenants and agreements
by Lessee, hereinafter set forth, Lessor hereby leases unto Lessee 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.
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 Six Hundred and Seventy-
Nine and 10/100 Dollars per day. Rent will be paid on the fifth day of each
month for the leased days in the preceding month.
b. Lessor will provide meals for all residents of the facility; Lessee will pay
Lessor for said meals at the rate of $1.05 per meal. The meal charges will be
paid on the first day of each month for the meals provided in the preceding
month.
c. To use ordinary care when using the facility.
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 center.
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.
1 e.QWF-/ 7G y
So OO4
CRS Lease; 7/01/08
g. To allow Lessor at any reasonable hour of the day 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 prior to the effective date of this I ease
i. 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
which 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.
j. Except as provided in Paragraph 2.1. below, Lessee shall be solely responsible
for all medical care provided to the offenders residing within the facility, and
shall be solely responsible for the dispensing of any medications needed by said
offenders.
k. 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 caused by offender misuse, abuse, and criminal acts.
1. Lessee shall provide a bond or other equal collateral in the amount of five
thousand dollars ($5,000.00), to cover the cost of repairs described in
paragraph 1.f. above. Lessor will return the collateral if unused for repairs.
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 institution.
o. Lessee agrees to indemnify and hold harmless Lessor and its agents from any
and all claims, suits, expenses, damages or other liabilities, including
2
CRS Lease; 7/01/08
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 offenders 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 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, dated June 10, 2004, 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.
3
CRS Lease; 7/01/08
b. Lessor shall provide bunk mattresses, sheets, portable personal storage
containers, totes, blankets and towels consistent with the same 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 which 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 offender 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.
f. Lessor shall provide facility meal plan and meal service, by delivering to the
facility; Lessee shall provide service to the offenders living within the facility.
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 must be pre-
scheduled and a representative of Lessor must be present at all times to
supervise use.
i. Existing computer/telephone cabling and jacks within the facility shall be
available for Lessee's network and telephones only.
j. All maintenance and repairs related to the facility, equipment and furnishings
within the facility shall be performed by Weld County personnel. Lessee shall
inform the Weld County Sheriff's Office that such services are needed, and the
Sheriff's Office shall process said requests.
k. Weld County Sheriff's Office shall provide all security control for the perimeter
of the facility.
1. Weld County Sheriffs Office shall provide personnel for all emergency
response calls made by Lessee, including medical first responder.
m. Weld County Sheriffs Office shall allow the offenders residing in the Facility
to have access to the outside exercise area when the area is not required for
Weld County jail inmates.
Furthermore, the parties hereto agree as follows:
4
CRS Lease; 7/01/08
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.
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-occunpry inspections shall
be the basis for the resolution of any disputes relating to Lessee's responsibility for
repairs under this Inse.
5. The duration of this lease shall be for twelve (12) months, commencing on the 1' day
of July, 2008, through the 30th day of June, 2009. This lease may be terminated
earlier upon a thirty (30) day notice by Lessee.
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 which 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 I Pace 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 I ease 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.
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
5
CRS Lease; 7/01/08
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.
IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals
the day and year first written above.
ATTEST: at,' � i" LESSOR:
BY: �e • I COUNTY OF WELD, COLORADO
Deputy Clerk • 1bit ;! ;ja 1'=�q 1•�
*I THROUGH THE BOARD OF COUNTY
4W A1 COMMISSIONERS OF THE COUNTY OF
Cal(7k � WELD,
By:
William H. Jerke, Chair JUN 2 3 2008
APPROVED AS TO SUBSTANCE:
BY:
J Cooke
eld County Sheriff
6
,;stx&b'—/709
CRS Lease; 7/01/08
LESSEE:
INTERVENTION, INC./
INTERVENTION COMMUNITY
CORRECTIONS SERVICES
By: K engenberger, President
SUBSCRIBED AND SWORN to before me thi day o1< June 02007
WITNESS my hand and official seal.
/de
Notary Public
My commission expires:
VALERIE MICCIULLI
NOTARY PUBLIC
•
STATE OF COLORADO
My Commission Expires 08/25/2010
7
Date: May 21, 2010 Wells Fargo PhotoCopy Page 1 of I
Request
Reference:2000052069553:2000052075553:2000052079553
AR�rtan we 26112
ONE oNE►AntcermlE
Five Thousand.and 00/100 Dollars
.�. . : DATE AMOUNT'
-':Jus 20, 2008 �• •AS,000 00.-
PAY
TOTHE RRld county
sd.1.FEATS stucco.nEnKa011 Mat 61 -
r026LL2r •: L02000076C:2452067846r
- r. v. .x I.- L
RIT Number 10200007 Processing Date 20080702
Sequence Number 287953943 Amount 5000.00
Account Number 2452067846 Check Number 26112
Hello