HomeMy WebLinkAbout20052910.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR NON-RESIDENTIAL INTENSIVE SUPERVISION
SERVICES PROGRAM AND AUTHORIZE CHAIR TO SIGN - BEHAVIORAL
INTERVENTIONS, 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 an Agreement for the Non-Residential
Intensive Supervision Services Program 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 Behavioral Interventions, Inc.,commencing July 1,2005,and
ending June 30, 2006,with further terms and conditions being as stated in said agreement, and
WHEREAS,after review,the Board deems it advisable to approve said agreement,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 Agreement for the Non-Residential Intensive Supervision Services
Program 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
Behavioral Interventions, Inc., be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 3rd day of October, A.D., 2005, nunc pro tunc July 1, 2005.
BOARD OF COUNTY COMMISSIONERS
,I ]E La WELDD�COUNTY,/COLORADO
ATTEST: �D !�, „ /',
; ` � illiam H. J� ce, Chair
Weld County Clerk to the ' .- ' '•+K`' s//
ra. Fit
BY: ,- 1,1 1 C,/LLB:
D uty C erk to the B rd cccf , /
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ARPRED AS TO FORM:CR/ \\
Robert D. Man
Punty Aftorney
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Date of signature: ID/146
2005-2910
A() ,34 ( 16 \ DDO/3CS—
NINETEENTH JUDICIAL DISTRICT
WELD COUNTY COMMUNITY CORRECTIONS BOARD
MEMO
DATE: September 22, 2005
TO: Board of Commissioners, Weld County
FROM: Jan Zuber, Administrative Coordinat&(
SUBJECT: Contract
Attached please find two copies each of a contract to provide Non-Residential Intensive
Supervision services and a contract to provide Inmate Intensive Supervision services.
Both contracts are with Behavioral Interventions, Inc.
I respectfully request the board approve the chair's signature on these •. p s at
their meeting scheduled for fiSiaiiki,
. t
Thank you for your consideration of these contracts. Once the contracts are signed I
will forward one copy to the contractor.
AGREEMENT FOR NON-RESIDENTIAL
INTENSIVE SUPERVISION SERVICES PROGRAM
THIS AGREEMENT is made and entered into this_1st day of July, 2005, 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 9te Street,Greeley, Colorado, 80631, hereinafter referred to as"The Contractor."
WITNESSETH:
WHEREAS,the County has entered into a contract renewal with the State of Colorado Department
of Corrections(Contract Routing Number 05-CAA00054)for a program to provide intensive supervision
services for 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,said program is designed to comply with the directive for the provision of such non-
residential intensive supervision program services made by the Colorado General Assembly through House
Bill 96-1319, 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 non-residential 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 1,2005, and ending
June 30,2006, and may renew itself automatically for successive one year periods, 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 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 Section
II., B. of 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$50,000 for the term from July 1,2005,to June
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2005-2910
30,2006,which amount may be modified for succeeding yearly terms.
4. COMPLIANCE WITH CONTRACT REQUIREMENTS: The Contractor agrees to comply
with all requirements of the"Contractor"stated in Exhibit"A", including the requirements
set forth in the sections entitled: Notifications, Review and Inspection, Offender Files,
Record Retention, Confidentiality of Records,and Information Provided. The Contractor
shall assist the County in complying with the"Fiscal Audit" requirements set forth in Exhibit
"A."
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.
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 address to whom such
notices shall be sent:
County: Jan Alison Zuber, Community Corrections Administrative Coordinator,
909 106 Avenue, Greeley, Colorado,80631.
BI.Inc.: Dianna Campbell, Program Manager, 810 9th Street, Greeley, Colorado,
80631.
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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 possess, nor shall
any portion of this Agreement be deemed to have created a duty of care that did not
previously exist 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.
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: 'kra
William H.Jerke, Chair OCT 0 3 2005
Lnrpora fr LOn7/�Jl�,
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S''4 - 67 4 9 Si 6 ATTEST: ._�Q� r �1r1•���
Federal I.D.# kV. iir
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Weld County Clerk to the Board i f'
SUBSCRIBED AND SWORN to before me eV '�
this 3/ day of August,2005. BY: / U 4 ,t c c4 L.
Deputy erk to the Bo.,6. �
WITN ••S my hand - d o ci •eal.` APPROVED iS TO FO .
��1.. _ 'I :►�i�..� a� (By:
Coun tofney,/
Notary Public
My commission expires: g-17- 06
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