HomeMy WebLinkAbout20072026.tiff RESOLUTION
RE: APPROVE THREE 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 three 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, 2007, and ending June 30, 2008, with further terms and conditions being as stated in said
agreements, and
1. Behavioral Interventions, Inc.
2. Rocky Mountain Offender Management Systems
3. Southern Corrections Systems, Inc.
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 three 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.
2007-2026
DA0002
(1(D : Ce.. ( ( t il) 081-)8 07
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 16th day of July, A.D., 2007, nunc pro tunc July 1, 2007.
BOARD OF COUNTY COMMISSIONERS
WEL OUNTY, COLOR DO
ATTEST: �;,���� �/�� C �o
""1z"�f ��%/1/ �::r..,- id E. Long, Chair
Weld County Clerk to the Boa ' 1
oo. 1 j 1r
leer,'` gym H. Jerke, Pro-Tern
BY: G. _ r
Deputy C rk to the Board ff" at USED
'am F. GarciazAPT
D ORM: EXCUSED
Robert D. (Masden
n ttorneY
Date of signature:
_er7 Douglaslademacche
2007-2026
DA0002
NINETEENTH JUDICIAL DISTRICT
WELD COUNTY COMMUNITY CORRECTIONS BOARD
MEMO
DATE: July 9, 2007
TO: Board of County commissioners
FROM: Sharon Behrens, Administrative Coordinator
SUBJECT: Intensive supervision and Parole Services Contracts, Revised'
Attached are three 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 and Southern Corrections Systems, Inc.
These contracts are for Intensive Supervision Program for Inmates and Parolees,
the contracts will be in effect from July 1 , 2007 through June 30, 2008.
These contracts are for both Inmate and Parole for 80,370.00 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 July 16, meeting agenda for signature approval. If approved, please
forward one original for each contract to me, I will forward them to the
providers.
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2007-2026
AGREEMENT FOR COMMUNITY CORRECTIONS
INTENSIVE SUPERVISION PROGRAM FOR INMATES AND PAROLEES
THIS AGREEMENT is made and entered into this 1 day of July 2007, 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 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), 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 El, 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 1,2007, and ending
June 30,2008, 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 $80,370 for the term from July 1,2007 to June 30, 2008.
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
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.: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.
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: 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
�j�_ p WELD NTY,COLORADO
BY: i!�/� 11�,Z,/�_ BY: O
David E.Long,Chair J 1 6 2007
Co C rkro lter .s+4
Title fir, I %4S � '/J
Federal II..D.# `t9 a�° ►,tbr Ir,...0 010.1 � �
that
my Clerk to the Board
SUBSCRIBED AND SWORN to before m-
this/2'K' day of June,2007 %` 1 \ 4►
Deputy iii rk to Board
WITNESS my hand and official seal. APPR S TO FO
Q/17L JYtRL Lis,^'-•�� co Cou tt ey
Notary Pubpc t.
My commission expires:
3
06/11/2007 08:27 9703535587 WELD CO COMCOR PAGE 02
09/28/2U06 15:48 FAX 405 752 8852 AVALON THE VILLA idiots
•
Exhibit A
Intensive Supervision Program (ISP)Description of Services and Costs
Services to be Provided to all ISP Offenders
Not to exceed 5165.00
TO: FROM: RE: DOCK
hoes.now taro Maier rot se e
Sendai Audios led by the Supervising Officer
All services are to be hatted on monthly outmasry and if necessary on incident rc,0ets.
it of far
Service Desertion Coat mouth Start Date End Date
period
Monitor consumption of Antabuse
A° � with SAC each time 53.00 dose
Breathalyzer Administer Breathalyzer only 31.00 each.time
Cane Facet,thee
teotnawi&dua$isderwith
cane notes No more than 2 pa aerate maybe 510.00 each time
Maw ate6ari2ed ware CPO.
Supervised M.At leeat one,and no
UA-Poly Drug more than two,per month is required S20A0 each UA
UA-singtc drug Supervised UA for a single drug. 510 pis UA
Usually tbe oferndels drug of choice
Drug Patch Administer g cheek every 525.00 per patch
week end Rolex evert weeks
PASS POINT Administer one tat weekly. $5.00 each
Oral Swabs Admomieter Orel Swabs $7.00 each
Medication Mcmitwr medications $1 S0 par day
Monitoring
Incident Repoli *see below Sto perish
Monthly
Summary/Exit *see below $15 each •
Report
Ihign7'hlcb.eatmaoaur fee ere papaw aa chop*Uwnot'bat Saw sitedw stud my man or Sold=Meru htlewlveviobdaes
ccrularestierwres pia wait et do as]oadhb'rep--U. . Roast oust Aciwidellede'a is DOC ante dry amgw Mai
desetiptim ofidde-t and aw oSa patUea td6tarlba as besatto en CPO via sad wee bythe w*Amidst"day.
-Finn=[ippon Wino:Itle C70 et Can tint bwed ace Medan the newiella sateeaeiq'sirentolanaisbraoaIaneela
edditioed swim=quested M the CPO. An aft.goat than In dmmad a bet Snbly apart.
Payment will only be made for services=dared and tan not exceed$165.00 a month pa offender. if the 3ffender
is arrested or absoo ads and no services bevy been rendered,then no payment will be made:
Officer signature Date
wooer MIe
Cant Agui aver r
06/I1/2007 08:27 9703535587 WELD CO COMCOR PAGE 03
Exhibit B
ISP Support Services Monthly Summary
Client Name For the month of.
DOS CPO
Inmate O Parolee [] Case Manager
$ttmmary of Sera
Urine Testing I J _ Other drug testing
Date of test Type Results Test type Dates :tenths
Breathalyzers 1Antabuse Other comments
Dates each weds Results Levels List dates adnomisteed —
Case Management Meettnss
Date Staff member Notes of=tot
Supervision Summary
•
Billing Summary
Service approved fee number total
Monthly Summary $15.00 per month S
Incident report if my 510.00 par month S -
Polydtug UA S20.00 per UA-no more than 2 S _-
Single d=ug UA S 10.00 per UA S
Aneabuse S3.00 per dose $
Breathalyzer' $1.00 per test-no more than daily $
PassPoint $5.00 per teat-no more than 5 S
Oral Swabs $7:00 per test-no more than S S
Drug Patch $25.00 per patch-no more than 2 S
Case management $10.00 per meetiug-uo more than 2 S —
Medication monitoring $1.50 per day S —
TOTAL: 5
Preparer's Signature Date
Reviewing CPO Date
Approving Supervisor Date
Duet
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AGREEMENT FOR COMMUNITY CORRECTIONS
INTENSIVE SUPERVISION PROGRAM FOR INMATES AND PAROLEES
THIS AGREEMENT is made and entered into this 1 day of July 2007, 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 8th 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 1,2007, and ending
June 30,2008, 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$80,370 for the term from July 1,2007 to June 30,2008.
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
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 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:
Rocky Mountain Offender Management Systems. BOARD OF COUNTY COMMISSIONERS
� WELD C C NTY,COLORADO
BY: BY: l
David E. Long,Chair u 1 tj 2007
Tide S-14 C11171
Federal I.D.# /I / /J
361
e =�I}a Clerk to the Board
SUBSCRIBED AND SWORN to before me O .�`I !
this Z$ day of June,2007. �` �.��f 1.L.. . yOyyl
Duty •I rkto ' Board
WITNESS an' n ffidal seal. APPR TO F
P O��� BY: --- —
Notary P lit 0)""OTfR""44P� Coun orney
la Y•t rr
My commission expires:01:-ICI'2°I0
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AGREEMENT FOR COMMUNITY CORRECTIONS
INTENSIVE SUPERVISION PROGRAM FOR INMATES AND PAROLEES
THIS AGREEMENT is made and entered into this 1 day of July 2007, 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 Southern Corrections Systems, Inc.whose address
is 13401 Railway Drive, Oklahoma City, Oklahoma 73114 hereinafter referred to as"The Contractor"
WITNESSETH:
WHEREAS,the County has entered into a contract renewal (Option Letter 05CAA00041)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 The Contractor
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 1,2007, and ending
June 30,2008, 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 The Contractor's 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 a total of$80,370 for the term from July 1,2007 to June 30,2008.
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
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$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: James Saffie, President, 13401 Railway Drive,
Oklahoma City,Oklahoma 73114.
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:The Contractor 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 The Contractor and
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:
Southem Corrections Systems,Inc BOARD OF COUNTY COMMISSIONERS
/) WELD NTY,COLORADO
Byy y'+ 'wr 1\ N'Gt/YC By:
James' affle 7� r David E. Long,Chair JU 6
2007
Title
Federal 1.D.# rJ T. i2 /
an $.�� r
i my Clerk to the Board
"-day
t this June,2007.AND SWORN tobeforem�,
��'„t•� Duty lerktZ' e Board
SS my hand a do I seal. AP7 AS TO
y:
ry Public County#1,011716
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