HomeMy WebLinkAbout20031380.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR WELD COUNTY SHERIFF'S OFFICE INMATE
ELECTRONIC HOME MONITORING SERVICES AND AUTHORIZE CHAIR TO SIGN-BI
INCORPORATED
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, on June 2, 2003, the Board was presented with an Agreement for Office
Inmate Electronic Home Monitoring 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
Sheriff's Office, and BI Incorporated, commencing upon full execution of said agreement, with
further terms and conditions being as stated in said agreement, and
WHEREAS, at said meeting the Board deemed it advisable to continue the matter to
June 4, 2003, to allow input from a representative from the Sheriffs Office, and
WHEREAS, at said meeting on June 4, 2003, 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 Inmate Electronic Home Monitoring 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 Sheriff's Office, and BI Incorporated be, and hereby
is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
2003-1380
SO0024
AGREEMENT FOR WELD COUNTY SHERIFF'S OFFICE INMATE ELECTRONIC HOME
MONITORING SERVICES - BI INCORPORATED
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 4th day of June, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
WEEtUNTY, COLORAD
ATTEST: 1�� BD ��
/ tl vid E. Long, Chair
Weld County Clerk to the igf =�,�j; z?
BY: ge �p � � obert D. asden, Pro-Tem
tL/ te l o
Deputy Clerk to the Board L
. J. Geile
APPR D AS T O 14- i }7 7
William H. Jerke
ty Atto @ 4-140 /4A
Glenn Vaad
Date of signature: me
2003-1380
SO0024
AGREEMENT FOR WELD COUNTY SHERIFF'S OFFICE
INMATE ELECTRONIC HOME MONITORING SERVICES
THIS AGREEMENT is made and entered into this:L day of Juna, , 2003,
by and between the Board of County Commissioners of the County of Weld, on behalf of the
Weld County Sheriff, whose address is 2110 "O" Street, Greeley, Colorado 80631, hereinafter
referred to as "County," and BI Incorporated, whose address is
, hereinafter referred to as "Provider."
WITNESSETH:
WHEREAS, County is required to maintain the Weld County County Jail ("Jail") at
County's expense for the detention, safekeeping, and confinement of those persons lawfully
committed thereto, pursuant to Section C.R.S. § 17-26-101, and
WHEREAS, County is seeking cost-effective means by which to ease the Jail
crowding problem and to lower the costs of the inmate incarceration to the County, and
WHEREAS, Provider operates an electronic monitoring program by which selected
sentenced inmates may be monitored at home or at a site off of the premises of the Jail at a cost
less than that of maintaining the inmate in the Jail, and
WHEREAS, County is authorized to provide a Home Detention Program ("the Program")
like that offered by Provider, pursuant to and subject to the conditions of C.R.S. § 17-26-128,
and
WHEREAS, County is authorized to enter into agreements for the benefit of County
pursuant to Article III, Section 3-8 of the Weld County Home Rule Charter, as amended, and
C.R.S. § 30-11-101, as amended, and
WHEREAS, County and Provider desire to enter into this Agreement for the purposes
stated herein.
NOW, THEREFORE, for and in consideration of the promises and mutual agreements
contained herein, County and Provider hereby agree as follows:
1. DEFINITION:
As used in this Agreement, the term "participant" shall mean any person sentenced to or
lawfully confined in the Jail who is determined by a Colorado Court to be eligible for
Home Detention as defined in C.R.S. §§ 17-26-128 (1) and (1.1), and/or pursuant to any
lawful municipal ordinance.
Page 1 of 6 Pages
2003-1380
2. EQUIPMENT AND SERVICES PROVIDED BY PROVIDER:
A. Provider shall provide all required field monitoring equipment and all support
equipment required for the monitoring of participants referred the Program.
B. Provider shall provide sufficient staff to maintain 24 hour, 7 day monitoring of
participants referred by County.
C. Provider shall be responsible for the determination and collection of Program fees
from participants at a rate of$10.00 per day for In-Home Detention, and $12.50
per day for In-Home detention and Remote Alcohol Testing. Such Program fees
shall not exceed the Cost of Services set forth in Section 4., below.
D. Provider shall not prohibit participation in the Program by the inability to pay or
the length of sentence.
E. Provider shall perform baseline drug testing at program entry, at the sole expense
of Provider. Random drug testing shall be performed by Provider thereafter
through the duration of participation, at the sole expense of the Provider.
F. Provider shall provide overall program and participant supervision including, but
not limited to, the following:
I. Participant orientation, where participant is provided a Participant
Handbook (provided to Provider by County) with a detailed explanation of
the rules and consequences of the Program.
ii. Hook-up and installation of all required monitoring equipment.
iii. Interviewing and determination of appropriate monitoring schedules for
participants, including, but not limited to, adequate and reasonable travel
times to and from work.
iv. Determination of how participants will travel to and from work, if
employed, including, but not limited to, adequate and reasonable travel
times to and from work.
v. 24-hour availability for contact in the event of EHM schedule and/or
program rule violations.
vi. Coordination and collection of drug testing and drug testing specimens.
vii. Employer verification and periodic, unannounced in-home visits.
Page 2 of 6 Pages
viii. Preparation and maintenance of participant file, documenting case
management and activities.
ix. Initiating disciplinary procedures by writing an infraction report and
delivering the infraction report to the on-duty Jail Manager within four
hours of the discovery of the violation
G. Provider shall submit accurate program statistics to the Sheriffs Program Director
on a monthly basis, within 14 days of the end of the month. Required statistics
are as follows:
i. Source of sentencing, ie., district or county court (by division), or a
municipal court, and if by imposition of a probation, department
alternative sanction.
ii. Average length of sentence with frequency distributions, ie., 1-5 days, 6-
14 days, 15-30 days, and 30 day increments thereafter.
iii. Successful completion rates with associated explanations for revocations.
iv. Participant economic profile for the month, including aggregate offender
paid fees, showing frequency by indigents and a reasonable distribution
of payment groups thereafter.
H. Provider shall be responsible for the provision of the services stated herein to all
participants sentenced after May 1, 2003, and after sixty (60) days following this
date, to all participants regardless of sentencing date.
3. SERVICES TO BE PROVIDED BY COUNTY:
A. County shall retain complete authority over the Program.
B. County shall keep the original copy of all documentation related to the
participants committed to the Program.
C. County shall provide initial training to Provider's staff on the writing of infraction
reports.
4. COST OF SERVICES:
Provider shall attempt to collect the full fee of service from the participant. County
shall only pay any amount that is not collected by the Provider directly from the
participant, up to a maximum of 50% of the base fee. The maximum cost to the County
Page 3 of 6 Pages
shall be as follows:
In-Home Detention. $5.00 per day
In-Home Detention and Remote Alcohol Testing. $7.50 per day
Provider shall provide to County an itemized statement on a monthly basis. Such
statement shall include the participant's name, the date the participant was placed on
electronic monitoring, the numbers of days served by the participant, the amount paid by
the participant to the Provider, and the amount billed to the County for reimbursement,
according to the schedule set forth above.
5. TERM:
This Agreement shall run from year-to-year from the date of the signing, unless
terminated by either County or Provider, requiring, however, that the party seeking to
terminate this Agreement gives the other party ten(10) days written notice prior to the
date of said termination.
6. EXECUTORY:
This Agreement shall be deemed executory only to the extent of the monies appropriated
and available to the County for the purpose of this Agreement as specified in the
County's adopted budget and no liability on account thereof shall be incurred by the
County beyond the amount of such monies. It is understood and agreed that neither this
Agreement nor any representation by any public employee or officer creates any legal or
moral obligation to request, appropriate, or make available monies for the purpose of this
Agreement.
7. NON-ASSIGNMENT:
This Agreement may not be assigned by the Provider, nor its right, title, or interest therein
assigned, transferred, conveyed, sublet, or disposed of without previous written consent
of County or its designee.
8. NON-WAIVER: Failure to enforce any rights, options, or privileges under any provision
of this Agreement shall not be deemed a waiver thereof and shall not preclude any such
enforcement on any subsequent occasion. Further, the failure to enforce one right, option,
or privilege shall not be deemed a waiver of the right to enforce any other right, option, or
privilege.
9. 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.
Page 4 of 6 Pages
10. ENTIRE AGREEMENT: The terms of this Agreement, including its attachments and
exhibits, represent the final intent of the parties herein. Any modification, rescission, or
waiver of the terms of this Agreement shall be affected only if evidenced by a subsequent
writing which is executed and acknowledged by the parties with the same formalities
accorded by this basic Agreement.
11. INSURANCE: Provider shall maintain, in full force and effect, comprehensive general
liability insurance and property damage insurance with limits of$150,000 for bodily
injury to any person, $600,000 per occurrence, and $500,000 property damage. Provider
shall furnish County with written certification of the existence of such insurance prior to
the effective date of the Agreement, and such certificate shall name as additional
insureds, "the Board of County Commissioners of Weld County, Colorado, the Weld
County Sheriff, and their employees." Provider shall maintain sufficient workers'
compensation insurance. Employees of Provider shall not be deemed to be employees of
County.
12. NO WAIVER OF IMMUNITY: No portion of this Agreement shall be deemed to
constitute a waiver of any immunities the parties or their officers or employees may
possess, nor shall any portion of this Agreement be deemed to have created a duty of care
which did not previously exist with respect to any person not a party to this Agreement.
13. NO THIRD PARTY BENEFICIARY ENFORCEMENT: 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 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 an incidental beneficiary only.
Page 5 of 6 Pages
IN WITNESS WHEREOF, the parties hereto have executed this Agreement this 5tek day
of Jung, , 2003.
ATTEST: JQ J46 'j WELD COUNTY, COLORADO, BY AND
�/�/ THROUGH THE BOARD OF COUNTY
Weld County Clerk to the
EZ�� COMMISSIONERS OF WELD COUNTY,
COLORADO, ON BEHALF OF THE
I At �� WELD COUNTY SHERIFF
i8(d
Deputy Clerk to the :S �H'\\ > David E. Long, Chai
(61q1Z0c )
APPROVED AS TO FORM AND CONTENT:
BY:
Jo Cooke, Weld County S eriff
ATT S : BI INCORPORATED
BY• BY: adeA0 etia
Page 6 of 6 Pages
O2003-/3E'D
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