HomeMy WebLinkAbout20050604.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR COMMUNITY CORRECTIONS INMATE INTENSIVE
SUPERVISION PROGRAM SERVICES AND AUTHORIZE CHAIR TO SIGN - BI, 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 Community Corrections
Inmate Intensive Supervision Program Services 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 BI, Inc.,commencing July 1,2004,and ending June 30, 2005,
with further terms and conditions being as stated in said agreement, and
WHEREAS, a hearing before the Board was held on the 23rd day of February, 2005, at
which time the Board deemed it advisable to continue said matter to February 28, 2005, at 9:00
a.m., and
WHEREAS, at said hearing on February 28, 2005, after review, the Board deemed 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 Community Corrections Inmate Intensive Supervision
Program Services 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 BI, 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.
2005-0604
DA0002
(7 U_9--/S n_S----
CONTRACT FOR INMATE INTENSIVE SUPERVISION - DEPARTMENT OF CORRECTIONS
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded, adopted by
lowing vote on the 28th day of February, A.D., 2005, nunc pro tunc July 1, 2004.
. a BOARD OF COUNTY COMMISSIONERS
�� /J/� ��/JJ WELD COUNTY, COLORADO
1861 ,� / ,//A.(/C 'Y/
TTE 4 ��P//(
, i =�y+ William H. e, Chair
(j LL +,��Clerk to the Board
/ M. J. ile, Pro-Tem
BY: 7,. i Pitzt >
Deputy Clerk o the/card
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APPROVED AS TO ORM: D ; E Long ���
RobAG%S�Gu7• s en
ount Attorney44
Glenn Vaad""
2005-0604
DA0002
AGREEMENT FOR COMMUNITY CORRECTIONS
INMATE INTENSIVE SUPERVISION PROGRAM SERVICES
THIS AGREEMENT is made and entered into this 1st day of July, 2004, 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 BI Inc., whose address is 810 9'h 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, a copy of which is attached hereto
and referred to herein as Exhibit"1", 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, 2004, and ending
June 30, 2005, 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,with such services being described in Exhibit"1."the
Contractor agrees to provide such services in compliance with all of the terms, conditions,
and requirements stated in Exhibit"1."
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
I., A. of Exhibit"1." 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
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"1".
Such billing from all vendors shall not exceed $80,000 for the term from July 1, 2004 to
June 30, 2005.
4. COMPLIANCE WITH CONTRACT REQUIREMENTS: The Contractor agrees to comply
with all requirements of the"Contractor"stated in Exhibit"1", 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.
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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: Jan Alison Zuber, Community Corrections Administrative Coordinator,
909 10th Avenue, Greeley, Colorado, 80631.
BI Inc.: Cindy Peterson, Program Manager, 810 9th Street, Greeley, 80631
10. ASSIGNMENT: Neither this Agreement nor the rights or obligations hereunder shall be
assignable without the prior written consent of both parties.
11. CONTROLLING LAW: This Agreement shall be construed and enforced in accordance
with the laws of the State of Colorado.
12. NO WAIVER OF IMMUNITY: No portion of this Agreement shall be deemed to constitute
a waiver of any immunities the parties of their officers or employees may posses, nor
shall any portion of this Agreement be deemed to have created a duty of care that did not
previously exists with respect to any person not a party to this Agreement.
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 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:
BI Inc. Board of County Commissioners . - �SS�
�� �Q Weld County, Colorado `� Eza
By:raeb-r / :::/ LCZBy: "1---i C ;/Z
William H. Jerke, hair Iti61 a
1It h��
ATTEST: �T£ 1
Title JJ pd
Weld County Clerk to the Board ®` 5 Mc'
Federal LD.# BY: L
Deputy G C1lerk to�kte'
APPROVED AS TO FORM:
SUBSCRIBED AND SWORN to before me this day of February, 2 ountvketorney
WITNESS r ial seal.
SHARON h /�
KAHL Public
cP)•. :;`QO� My commission expires:
OF COL
My Commission Expires May 15,1006
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