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HomeMy WebLinkAbout20063291 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, 2006, and ending June 30, 2007, with further terms and conditions being as stated in said contracts, 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 contracts. 2006-3291 (wo c a U 18"`'` ) DA0002 3-0 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 4th day of December, A.D., 2006, nunc pro tunc July 1, 2006. BOARD OF QOUNTY COMMISSIONERS WELD CO TY, COLORADO ATTEST: 14'� � `/ 41 !ul) J eile, Chair Weld County Clerk to the B 1 i$9� (� -O s4z9 c)(C Otzvs :vid E. Long, Pro-Tem BY: Deput lerk to the Board �� "L • f`ti,—/ William H.APPROVD AS TO F EXCUSED Robert D. Masden aunty Attorney EXCUSED Glenn Vaad Date of signature: /2/0/GL 2006-3291 DA0002 NINETEENTH JUDICIAL DISTRICT WELD COUNTY COMMUNITY CORRECTIONS BOARD MEMO DATE: November 22, 2006 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 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, 2006 through June 30, 2007. There has been a great deal of confusion with these contracts, as now we have combined both Inmate and Parole to one contract in the amount of 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 December 4, 2006 meeting agenda for signature approval. If approved, please forward one original to me, I will forward them to the providers. 2006-3291 AGREEMENT FOR COMMUNITY CORRECTIONS INTENSIVE SUPERVISION PROGRAM FOR INMATES AND PAROLEES THIS AGREEMENT is made and entered into this 1 day of July, 2006, 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 810 9th Street, Greeley, Colorado, 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 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 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, 2006, and ending June 30, 2007, 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, 2006 to June 30, 2007. 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. a000,-307 fry 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 91h 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 2 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 Co missioners f /Y Ifii Q Weld County, Co do BY: i By: 27� EGG Michael E.Hanlc/M M. J. Geile, Chair 12/04/2006 Corporate Controller Title 6 - 9 9 .2_ ATTEST: //BBA// /� 11 Federal I.D. # +/� E a s 2 c Weld County Clerk to the Bo 61 61 SUBSCRIBED AND SWORN to before me /' '7 thisc✓O4.11 day of August, 2006. BY: / t• 4 4 puty CI to t'- Boat. (` N ITNESS my hand and official seal. APP5OVEDpAS TO FO --By. Count orne Notary Public My commission expires: 02/320/6 3 oc6-3&9/ 08/ZS/ZUUC 15:45 r'Ad 4U5 t0Z 655Z AVALUIN -* Inn VILLA LW Ilia Exhibit A Intensive Supervision Program (ISP) Description of Services and Casts Services to be Provided to all ISP Offenders Not to exceed$165.00 TO: FROM: RE: D0Cl1 Pmpam name CPO Offender 1SP 1 6P P, Services Authorized by the Supervising Officer All services are to be rrq,orted on monthly summary and if necessary on incident reports. #of fart Service Desaiption Cost mouth Start Date End Date period Antabuse Monitor consumption of Antabuse $3.00 per dose with BAC each time Breathalyzer Administer Breathalyzer only 51.00 each time Case Face to face contact with theoffender with Management cast notes No more than 2 pa mouth maybe 510.00 each time acdherima CPO. UA-Poly Drug Supervised UA At least one,and no $20.00 each UA more than two,per month is required UA-single drag Supervised UA for a single drug. SI0 per UA Usually the offenders drug of choice Drug Patch Administer weep Drug patch check everY 525.00 pa patch week and every PASS POINT Administer one teat wetdcly. 55.00 each Oral Swabs Administer Oral Swabs $7.00 each Medication Monitor medications S1.50 per day Monitoring Incidat Rat "see below 510 per month Monthly Summary/Exit *see below $15 each • Report aeidsi RIP.. Main flat monthly fie dm ptopama may ding is the wad diet thcy.t arg.ned to send my mmba ofo.+d m tenons that LIMA,:violations ufnda or tenet pi=amide&the naval mend*notating. Repot most betide af fe Eder.teams,DOC numb-.-',dem.Si;lea Son, d and mother pertinent iofanedon and ben m the CPO vie emu or fax by the oat waling dot ih.e.e mutt hdiky the CPO atCons rise live..enured awing the noon!pmts&monthly soviets to Meltebut not lima led to addffimol raviea+aquevd by the CPO. An cot Ten alma be deemed to be a aeably report Paymait will only be made for services rendered and can not exceed$165.00 a month per offender. If the offender is arrested or abernma and no services have been rendered,then no payment will be made. • Officer signature Date Oidetsdion: wiring Fee Cant Administrator Exhibit B ISP Support Services Monthly Summary Client Name For the month of. _ DOC# CPO Inmate 0 Parolee 0 Case Manager _ Summary of Services Urine Testing I Other drug testing Date of test Type Results Test type _ Dates :tesrlu Breathalyzers LAntabuse Other commein Dates each week Results Levels List dates administered Case Management Meetings Daze Staff member Notes of contact Supervision Summary Billing Summary Service approved fee number total Monthly Summary $15.00 pa month S — Incident report if any S10.00 per month S Polydrug UA 520.00 per UA-no more than 2 S Single drug UA $10.00 per UA $ _ Antabuse $3.00 per dose $ _ Breathalyzer $1.00 per test-no more than daily $ — PassPoint $5.00 per test-no more than 5 S _ Oral Swabs $7.00 per test-no more than 5 S _ Thug Patch $25.00 per patch-no more than 2 S — Case management S10.00 per meeting-no more than 2 Medication monitoring $1.50 per day TOTAL: $ Preparer's Signalize Date Reviewing CPO Date Approving Supervisor - Date Diatrhtaia¢ Working Ilk Contact Administrator AGREEMENT FOR COMMUNITY CORRECTIONS INTENSIVE SUPERVISION PROGRAM FOR INMATES AND PAROLEES THIS AGREEMENT is made and entered into this 1 day of July,2006, 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 80632 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 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 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 1,2006,and ending June 30,2007, 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"1 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 1,2006 to June 30,2007. 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 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: Therese Anderson,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: 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: Rocky Mountain Offender Management Systems. Board of County Com issioners Weld County,Colo o /�4 7 By: ^� �� By: ai5� 12/04/2006 M. J. Geil e2yds ✓✓do let tti' Title / St-/ C7 f L ¢ y ATTEST: ,� ✓i�!/+� Federal I.D.# Weld County Clerk to the Boa , 861 SUBS2WD AND SWORN to before me ( w: this ,--* $$ay of August,2006. B �l,' & ' �L�r►'a��r Deputy •Rrkto e Boa : -. .,'_ V s - a WIT ESnS, /myy ha an.�.fficial al. AP 141 TO FO'. G(iV�. `/ ���O ` By: �it/ Coun •rn Notary Public /��a� e/d My commission expires: 3 THERESE S.ANDERSON Notary Public State of Colorado o?oolo-3a9/ U8/25/ZUU5 15:45 FAA 4U5 752 5552 AYALU1 -r AMC VILLA qti uiu • Exhibit A Intensive Supervision Program asp) Description of Services and Costs Services to be Provided to all ISP Offenders Not to exceed 5165.00 TO: FROM: RE: DOC it Program ttuae QO Offender BPI 6P P, Services Authorized by the Supervising Officer All services we to be reported on monthly summary and if necessary on incident IOpnS. #of far Smite Description Cost month Start Date End Date prod Antabuse Monitor consumption of Antabuse $3.00 per dose with BAC mdt time Breathalyzer Administer Breathalyzer only 51.00 each time Case Face to face-matt with theoffienderwith Management case rots No enure than 2 pa encode may be S10.00 each time ameLorixd by the CPO. TJA-Poly Dnzg Supervised UA At least and m $20.00 each DA more than two,per month is required DA-single drug $u UA for a single drug $10 per UA Usually the offimdas drug of choice AdministDrug Patch Dratch check ug 525.00 per patch week andlace every 2 weeks PASS POINT Administer one teat wcelrly. 55.00 each Oral Swabs Administer Oral Swabs S7.00 each Medication Monitor medications S1.50 per day Monitoring Incident Report ' *see below S10 pee month Monthly SummarylExit *see below S15 each • Report •zacrdent Rena Thins■eat mmady fee the wpm:may cheQw is the writ mat therms=mired m cod my ember ofmidia,epads aim inaotv t viatica: of Nuke arammea pent amide oft maoai oio.ahb•reporting. Report coat include Medals anon DOC. 1 .dote, m;ba S dsoripltm of inadea6 and mother patio*iokentefkn red be mono die CPO via end or fart by me Dirt touting day. ''Me amiarr.IEdt Tern Ms ere tgiont inhuming the CPO of Coos that hove oeeured during the norms woos afamdhly savien et Sande lee rot i®ted to additional serviec m1ocant by the CPO. An grit mint than be deeoad m be a mashy report. Payment will only be made for services reached and can not exceed$165.00 a month per offender. If the offender is arrested or absconds and no services have been rendered,then no payment will be made. Officer signe ttu a Date oietnladim: wodded rde Gamut AdoirisRmot Exhibit B ISP Support Services Monthly Summary Client Name For the month of. DOC# CPO _ Date ❑ Parolee ❑ Case Manager _ Summary of Seri Urine Testing Other drag testing J Date of test Type Results ' Test type Dates :Lesalu Breathalyzers I l Antabuse Other comments Dates each week Results Levels List dates administered Case Management Meetings Date Staff member Notes of contact Supervision Summary • Billing Summary Service approved fee number total Monthly Summary $15.00 per month $ — bcident report if any S10_00 per month S Polydrug UA $20.00 per UA-no more than 2 S Single drug UA $10.00 per UA $ _ Antabuse $3.00 per dose $Breathalyzer $1.00$1.00 per test-no more than daily S PassPoint $5.00 per test-no more than 5 S Oral Swabs $7.00 per test-no more than 5 $ _ Drug Patch $25.00 per patch no more than 2 $ — Case management 510.00 per meeting-no more than 2 S — Medication monitoring $1.50 per day S TOTAL: $ Preparer's Sigoat ire Date Reviewing CPO Date Approving Supervisor Date DiaLeaiorc Working ik COnpaet Adin:WA: ar AGREEMENT FOR COMMUNITY CORRECTIONS INTENSIVE SUPERVISION PROGRAM FOR INMATES AND PAROLEES THIS AGREEMENT is made and entered into this 1st day of July,2006, 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 1,2006, and ending June 30,2007, 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 1,2006 to June 30,2007. 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 1 c7a -3079/ 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 Salle, 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"1, 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 Co issioners ( Weld County, Co do By: 7\ By: 2� „oi6 M. J. Gei e , Chair 12/04/2006 Title 1.1136-61 1 31 J 6-p 2411 ATTEST: !/)1 J Federal I.D.# ibo32, /✓ $' �r Weld County Clerk to the "- t SUEI§crigtD AND SWORN to before me j A 4-- this/ day of October, 2006. BY. ,I'll t`�,, Deputy r -rk to :.`:.a —2, 's my d aseal. APDAS TOF• �- �y Pu lic �J unty Attomey My commission expires: d/ 30/ 3 aooG-3a9/ 09/28/2006 15:48 FAX 405 752 8852 AVALON » THE VILLA [2 015 • 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: DOC# Pmpate num CPO Offends ISP 1 SP P Services Authorized by the Supervising Officer All services re to be reported on monthly spry and if necessary on incident reports. #of for 1 Service Description Cost month Start Date End Date period Antabuse Monitor consumption of Antabuse with BAC each time $3.00 dose Breathalyzer Administer Breathalyzer only S1.00 each time Case Fecoto face tmtaa with'badlands with case notes No mere than 2 pa math may bo $10.00 each time Management amhorimed byP the C70. VA-Poly Drug Supervised UA.At least one,and no $20.00 each UA more than two,per month is required UA-singie drug $10 UA for a single drug. $10 per UA Usually the offenders drug of choice Drug Patch Administer Drug patch check every 525.00 per peril week and Replace every yP 2 weeks PASS POINT Administer one test weekly. $5.00 each Oral Swabs Administer Oral Swabs $7.00 each Medication Monitor medications S150 per day Monitoring Incident Report 'see blow $10 pa month Monthly Summary/Exit *see below $15 each Report •raoteat RestS This is■flat monthly fee the Femme MU tire is the event tbet they ma narkednsaid any misba ofbidat npats Wr bivalve valaaoes of MICE n muent pi=outside of the norms!monthly reporting. Report nog inaudealfeedda none DOC mlelTree,dam.this,lea so., domipuoa of incident,end asq odter panne*information and be seat to the CPO via amid or fat by the sad wonting thy. •Mend&Sinmasivathat report . Than repass abasing the CFO elusions that have ommed truing the mom!pots of monthly service to include but not bm tat to additional serviem requested by the CPO. An cot repent shat be cleaned w be a monthly report. Payment will only be made for services rendered and can not exceed$165.00 smooth per offender. If the offender is arrested or absconds and no services have been rendered,then no payment will be made. • Officer signature Date Distribution: wodma File Cannot Administrator Exhibit B ISP Support Services Monthly Summary Client Name For the month of _ DOG# CPO Inmate ❑ Parolee ❑ Case Manager _ Summary of Services Urine Testing I Other drug testing Date of test Type Results Test type Dates :results Breathalyzers J Antabuse Other comments Dates each week Results Levels List dates administered Case Management Meetings Date Staff member Notes of contact Supervision Summary • Billing Summary Service approved fee number total Monthly Summary $15.00 pa month $ _ Incident report if any S10.00 per month $ — Polydrug UA $20.00 per UA-no more than 2 S Single drug UA $10.00 per UA $ Antabuse 53.00 per dose $Breathalyzer $1.00$1.00 per test-no more than daily $ — PassPoint $5.00 per test-no more than 5 $ — Oral Swabs $7.00 per test-no more than 5 $ _ Drug Patch $25.00 pa patch-no more than 2 $ — Case management S10.00 per meeting-no more than 2 _ S — Medication monitoring $1.50 pa day $ TOTAL: $ Preparer's Signature Date Reviewing CPO Date Approving Supervisor Date Climakimium Working Se Cowact Administrator Hello