HomeMy WebLinkAbout20030984.tiff RESOLUTION
RE: APPROVE FIELD SERVICES AGREEMENT FOR WOMEN WORK RELEASE PROGRAM
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,the Board has been presented with a Field Services Agreement for the Women
Work Release 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 Sheriff's Office, and
BI (Behavioral Interventions) Incorporated, commencing May 1, 2003,to be renewed automatically
on an annual basis unless notification of termination is received at least 30 days prior to the
anniversary date, 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 Field Services Agreement for the Women Work Release 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 Sheriff's Office, and BI (Behavioral
Interventions) 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 21st day of April, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
WEL OUNTY, COLO DO
ATTEST: � '���► � j�
�q David E. Long, Chair
Weld County Clerk to . :
` t = 49 , , EXCUSED
Robert D. sden, Pro-Tem
BY: G��/[_ �. f� b>. .,f1
Deputy Clerk to the <<• V'J .
-� M. J. ei e
AP AS / f(
William
���Jerk ,e
ounty Attorn
Glenn Vaad
Date of signature: /74
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2003-0984
SO0024
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BI INCORPORATED
FIELD SERVICES AGREEMENT
Weld County Jail -Women Work Release Program
Agreement No. 20021202LL Effective Date: May 1. 2003
This AGREEMENT ("Agreement') is made by and between BI INCORPORATED, 6400 Lookout Road,
Boulder, CO 80301 ("BI") and the Board of County Commissioners of the County of Weld ("Customer')
with its principal place of business for the purposes of this Agreement at 2110 O street, Greeley, CO,
80631.
WHEREAS, the Customer has determined that a present need exists for certain community correctional
services to be provided to offenders awaiting sentencing by the Courts or disposition of sentence,
hereinafter referred to as the"Services", and
WHEREAS, the Customer is authorized to enter into this Agreement by the laws and regulations to which
the Customer is subject; and
WHEREAS, the Customer and 61 agree that the terms and conditions of this Agreement apply to the
Services purchased hereunder; and
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as
follows:
1. INTRODUCTION.
The purpose of this Agreement is to set forth the agreement between el and the Customer conceming the
Community Correctional Services that BI agrees to provide the Customer hereunder.
2. WOMEN WORK RELEASE SERVICESITERM.
2.1 Services. BI agrees to provide to the Customer and the Customer agrees to pay for the
Services as described herein which shall be subject to this Agreement and separately
executed by the Customer and Bl. All Services provided by BI hereunder shall be
governed by this Agreement. Capitalized terms used in this Agreement refer to the
corresponding terms defined herein.
BI shall provide Electronic Monitoring ("EM") services as ordered by the Customer, with
the expense to be bome by the Customer. The description of the Electronic Monitoring
Services, the responsibilities of both BI and the Customer, as well as the level of
notification for alerts are described in Exhibit A attached hereto.
2.2 Term. The term of this Agreement is for One (1) year. This Agreement, its terms and
conditions, and authorized Exhibits and Amendments are renewed automatically for
succeeding periods of one (1) year each on the anniversary of its original effective date
unless termination notification is received at least 30 days prior to the anniversary date.
3. PAYMENTIPRICING.
3.1 Payment from Customer The amounts due hereunder from Customer, if any, will be
invoiced monthly, and will be due and payable thirty (30) days following the date of the
invoice. Interest on any amount which is past due shall accrue at the rate of 1-1/2% per
month, or if such rate exceeds the maximum rate allowed by law, then at such maximum
rate, and shall be payable on demand. Customer agrees that BI may withhold warranty or
any other service to Customer if Customer's account with SI is delinquent.
3.2 Pricing Table. The Customer agrees to the following pricing for the Services hereunder
in accordance with the following pricing table:
Electronic Monitoring Cost for Work Release Women $5.00 per Day
2003-0984
4. LIMITATION OF LIABILITY.
4.1 Disclaimer of Warranty. BI makes no express warranties regarding the services or any
equipment provided hereunder. Further, BI excludes the warranties of merchantability and fitness
of the services or any equipment provided hereunder for a particular purpose. BI expressly
disclaims any warranty that any equipment provided hereunder is impervious to tampering. The
foregoing warranties are in lieu of all other warranties, expressed or implied.
4.2 Acts. In no event does BI assume any responsibility or liability for acts that may be
committed by clients in connection with the services provided under this Agreement, or for any
damages caused by Customers failure to fulfill its responsibilities.
4.3 Damages. In no event will BI be liable for any indirect, special, incidental or consequential
damages, even if BI has knowledge of the possibility of the potential loss or damage, in
connection with or arising out of the providing, performance, or use of the service or equipment
provided under this Agreement.
4.4 Liability. BI assumes no responsibility for the selection of participants for its programs.
The responsibility for placement is solely the responsibility of the referring agency or Customer.
Termination of placement in any BI program is also determined by the referring agency or
Customer. Such termination may be defined by the term stated in a referral document, or upon
special order. It is the responsibility of BI to inform the referring agency or Customer of program
violations during the term of placement as determined by the agency or Customer. The referring
agency or Customer may determine that early termination and other sanctions are required.
Formal policy may be developed between referring agency or Customer and BI that pre-defines
placement and termination conditions, provided such policy is written and is consistent with the
levels of authority defined in this statement.
5. PROPRIETARY INFORMATION AND TRADE SECRETS.
5.1 Agreement Not to Disclose. During the term of this Agreement and for a period of two
(2) years following the termination of this Agreement, for any reason whatsoever except as
required by applicable law, the Customer shall not disclose to any person or entity any information
which is or has been disclosed to it. Or of which it became aware as a consequence of or through
its relationship with BI, which has value to BI, and which is treated by BI as "Proprietary
Information." In addition, the Customer shall not, at any time while BI is performing services for or
on behalf of the Customer and at all times following the termination of its relationship with the
Customer for any reason whatsoever, disclose to any person or entity except as may be required
by applicable law, any Trade Secret of BI. In those instances in which applicable law requires the
disclosure of information, the Customer will inform BI of the request and information disclosed.
5.2 Proprietary Information. All Proprietary Information and all Trade Secrets and all
physical embodiments thereof, received or developed by BI while BI is performing services for or
on behalf of the Customer, are confidential to and are and will remain the sole and exclusive
property of BI. The Customer will hold such Proprietary Information and Trade Secrets in trust
and strictest confidence and will not use, reproduce, distribute, disclose or otherwise disseminate
the Proprietary Information or Trade Secrets or any physical embodiments thereof and may, in no
event, take any action causing or fail to take the action necessary in order to prevent, any
Proprietary Information and any Trade Secret to lose its character or cease to qualify as
Proprietary Information or as Trade Secrets.
5.3 Definition of Proprietary Information. "Proprietary Information" means information
related to BI (1)which derives economic value, actual or potential, form not being generally known
to or readily ascertainable by other persons who can obtain economic value from its disclosure or
use; (2)which is not generally known by BI competitors; and (3)which is the subject of efforts that
are reasonable under the circumstances to maintain its secrecy. Proprietary Information may
include, but is not limited to, information concerning (a) the business operations or internal
structure of BI, (b) the Customers or Clients of BI, past, present or future research done by BI
respecting the business or operations of 81 or The Customers or Clients or potential Customers or
Clients of BI, (d) work performed by BI for any Customer or Client of BI, or (e) any method or
procedure relating or pertaining to projects developed by BI or contemplated by BI to be
developed. Proprietary Information also includes information which has been disclosed to BI by a
third party and which BI is obligated to treat as confidential.
5.4 Definition of Trade Secrets. "Trade Secrets" shall include the whole or any portion of
any scientific or technical and non-technical data related to the formulas, patterns, designs,
compilations, programs, methods, techniques, drawings, processes, finances, actual or potential
Customers and suppliers, existing and future products and services, and employees of BI. Trade
secrets also include information which has been disclosed to BI by a third party and which BI is
obligated to treat as confidential.
6. INDEMNIFICATION.
BI will indemnify The Customer from and against all liability resulting from the negligence or willful
misconduct of BI, its employees and agents in the provision of Services hereunder. The
Customer will indemnify BI from and against all liability resulting from the negligence or willful
misconduct of the Customer, its employees and agents in the operation and use of the Services.
Further the Customer agrees to indemnify BI from and against all liability resulting from the acts
committed by the Clients receiving Services hereunder, including those persons subject to its
electronic monitoring program. The term "liability" includes but is not limited to legal fees and
expenses, penalties and interest. This indemnification provision shall remain in effect even if this
Agreement is terminated.
7. FORCE MAJEURE.
BI shall not be liable for any delay in performance or nonperformance which is due to causes
beyond BI's control, including, but not limited to, war, fire, floods, sabotage, civil unrest, strikes,
embargoes or other transportation delays, acts of God, acts of third parties, acts of govemmental
authority or any agent or commission thereof, accident, breakdown of equipment, differences with
employees or similar or dissimilar causes beyond BI's reasonable control.
8. INSURANCE.
BI shall maintain comprehensive general liability insurance, including acts, errors or omissions
and contractual liability insurance, in an amount not less than $1,000,000. Upon request, BI shall
furnish to the Customer a certificate of insurance or other evidence that the required insurance is
in effect.
9. NOTICES.
Any notices or communications given or required in connection with this Agreement shall be in
writing and shall be deemed to have been given when sent by U.S. regular mail, postage prepaid,
to the other party at the address stated herein above and directed to the attention of the person
signing this Agreement, his successor, other designee or officer of the party. Notice sent by other
means, including by facsimile, shall be deemed effective upon receipt. The current facsimile
number for BI is (970) 218-1500; the current facsimile number for the Customer is
. A change in the address or facsimile number of either party may be made in
the same manner as for giving of any other notice.
10. GENERAL.
10.1 No Assignments. Without the prior written consent from BI, the Customer shall not
assign or transfer this Agreement.
10.2 Entire Agreement. The entire agreement between the parties with respect to the subject
matter hereof is contained in this Agreement. This Agreement supersedes all prior oral and
written proposals and communications related to this Agreement between the parties. The
Customer acknowledges that it has not been induced to enter into this Agreement by any
representations or statements, oral or written, not contained in this Agreement. No provision of
this Agreement shall be deemed waived, amended or modified by either party unless such waiver,
amendment or modification is in writing and signed by the party against whom the waiver,
amendment or modification is claimed. Preprinted terms and conditions of any purchase order or
other instrument issued by the Customer in connection with this Agreement which are in addition
to or inconsistent with the terms and conditions of this Agreement will not be binding on BI and will
not apply to this Agreement. This Agreement shall be binding upon and inure to the benefit of the
parties hereto, their permitted successors and assigns.
10.3 Severabitity. Any provision of this Agreement which is unenforceable under the laws of
any jurisdiction which are applicable hereto shall be ineffective to the extent such laws apply
• s
without causing such provision to be ineffective under the laws of any other jurisdiction which may
be or may become applicable and without invalidating the remaining provisions of the Agreement.
10.4 Captions. The captions set forth herein are for convenience only and shall not define or
limit any of the terms hereof.
10.5 Governing Law. This Agreement shall be governed by and construed in accordance with
the laws of the State of Colorado, without regard to its conflicts of law provisions.
10.6 Limitation. No action, regardless of form, arising out of this Agreement may be brought
by either party more than two years after the cause of action has arisen.
10.7 Access to Books and Records. Upon ten (10) business days written notice to BI,
representatives of the Customer and the Customer shall have access, at all reasonable times, to
all BI's books, records, correspondence, instructions, receipts, vouchers and memoranda
(excluding computer software) pertaining to work under this Agreement for the purpose of
conducting a complete independent fiscal audit for any fiscal year or calendar year within the last
two (2)years.
10.8 Access to Program Records. Upon ten (10) business days written notice to BI, BI shall
make program records available for Clients subject to the Customer or the Customer jurisdiction
in connection with work performed with this Agreement.
THIS AGREEMENT SHALL NOT BE EFFECTIVE UNTIL EXECUTED BY THE CUSTOMER AND
ACCEPTED BY AN AUTHORIZED REPRESENTATIVE OF BI AT ITS PRINCIPAL PLACE OF
BUSINESS.
By execution hereof, the signer hereby certifies that signer is duly authorized to execute this Agreement
on behalf of the Customer.
For: Weld County Jail,Greeley, CO
By:
P
Printed Name: David E. Lon• ORY P�e<"O
Title: Chair, Weld County oard of ESTHER E.
Commissioners (04/21/2003) k GESICK
Notary Public:
My Comm/setae Expire:September 11,2005
Expiration Date:
(Notary Seal)
For: BI Incorporated
By:
Printed Name: Stovo Merrefield &I"— Q race(=y eat cr
Printed Title: Exeeut t general Managerget cc.-man ✓t« P f C&t .- ez-r .•4.,N
eteircec
ry Public:
Expiration Date:Q, , /7)0O(h
(Notary Seal)
EXHIBIT A(ELECTRONIC MONITORING SERVICES)
to the
FIELD SERVICES AGREEMENT
Agreement No. 20021202LL Effective Date: December 1.2002
Between
BI INCORPORATED ("BI")
and
Board of County Commissioners of the County of Weld, Greeley,CO ("Customer')
In addition to the terms and provisions set forth in the above referenced Agreement, the following terms
shall apply to all electronic monitoring services provided under the Agreement:
1. DEFINITIONS.
1.1. Client: A person sentenced and subject to the Customer's electronic home detention
monitoring program.
1.2. Equipment: BI manufactured products including, but not limited to, Field Monitoring
Devices, Transmitters, Drive-BI Monitors, Sobrietors, as well as third party products provided by
BI.
1.3. Unit: BI manufactured Field Monitoring Device("FMD") together with a BI radio frequency
transmitter("Transmitter").
1.4. Supplies: Straps, latches, and batteries for the BI Transmitter.
1.5. Alert Condition: An occurrence requiring BI to provide information to the Customer. The
Alert Message Descriptions is available from BI upon request.
1.6. Authorized Personnel: Those persons selected by the Customer who are authorized to
enroll Clients and select or adjust notification options.
1.7. Notification Options: Predefined parameters selected by the Customer which instruct BI
on how to respond to and notify the Customer of an Alert Condition.
1.8 Restore Unit Case: The FMD's previous tamper status has been restored.
1.9 Transmitter Open Strap: The Client has removed or attempted to remove the transmitter,
or the transmitter was disassembled to replace the battery. If the Client tampered with the
transmitter in range of the FMD, the tamper message will be called in immediately. If the
transmitter is being operated in manual reset mode, and is tampered out of range of the FMD, the
actual time of tamper is recorded and sent immediately when the Client comes in range. If the
transmitter is being operated in manual reset mode, an officer must use the BI Activator to reset
the transmitter,
1.10 Transmitter Close Strap: The transmitter is restored from its previous tamper status. If
the transmitter is being operated in automatic mode and automatically resets while out of range of
the FMD, the time of restoration will be recorded and sent immediately upon coming in range.
Note: The transmitter must be properly affixed to the Client in order to receive this message. It is
recommended that a physical inspection of the transmitter is conducted after receipt of this
message.
1.11 Tamper Unit Case: The FMD case has been opened or the intemal circuitry of the FMD
has been disrupted.
2. SERVICES AND RESPONSIBILITIES OF BI.
2.1 Monitoring Services. BI will provide the following monitoring services to the Customer for
the Customer's operation of an electronic home detention monitoring program. The monitoring
services provided hereunder are specifically designed to determine by electronic means the
presence of a person at a specified location (typically that person's place of residence).
2.1.1. BI will perform the functions of data entry and data storage for all properly enrolled Clients.
The data entry function consists of the input of all required demographic, curfew, and system
configuration information on each case into the central host computer system.
2.1.2. BI will maintain twenty-four(24) hour, seven (7) days per week management of Client data
enrolled hereunder.
2.1.3. BI will provide notification of Alert Conditions to authorized and identified Customer's staff.
Alert notification will be in accordance with Section 2.1.6 herein or as agreed upon in writing by the
Customer and BI.
2.1.4. Alert Condition and Equipment status information for each Client will be documented and
maintained by BI. Upon a Client's completion of the monitoring term, BI will archive a termination
record of all monitoring data compiled during the monitoring term. This record will be maintained
by BI for a period of no less than five(5)years from the date of each Client's termination.
2.1.5. BI will assume the financial responsibility of all long distance telephone charges associated
with Unit and central host computer communications.
2.1.6. Notification Options.
2.1.6.1 Level 3(Enhanced Supervision Program)
The Enhanced Supervision Program targets jail population cases or others
requiring high level response. The Enhance Supervision Program is designed
specifically to meet agency/courts needs and will have the capacity to increase the
supervision level. This program is intended to provide 24 hour management of
participants. Enhanced programs require considerable more involvement by the
Customer, including the ability to provide personal 24 hour face-to-face response.
Generally, these programs are managed by law enforcement agencies. Specific
notification and response procedures must be established for this level. Customer
agrees to establish an Alert Condition response policy and to respond to Alert
Condition notifications in accordance with that policy.
2.2. Maintenance. BI shall maintain the Equipment at its expense. Maintenance will be performed
at BI's facility. Notwithstanding such obligation, unless otherwise specified in Exhibit B, the
Offender shall be responsible for lost or missing Equipment and/or the cost of required repairs
necessitated by (i) the Client's negligence or (ii) the damage or destruction of the Equipment by
parties other than Bl.
3. EQUIPMENT.
BI shall supply a sufficient quantity of Units to meet the Customer's need subject to forty-eight(48)
hour notice prior to shipment The Customer agrees that it shall assist BI in forecasting its Unit
needs. All Units or other Equipment supplied by BI shall be subject to all charges set forth in
Section 6 herein, as applicable.
4. MONITORING SYSTEM.
4.1. Description. The monitoring system utilized hereunder is an active monitoring system
consisting of a Transmitter, an FMD, and BI's central host computer system. The central host
computer system is located in BI's offices. The Units communicate with the host computer
system through the Client's standard telephone service.
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4.2. System Maintenance. The Customer acknowledges that BI must perform periodic
maintenance on the host computer system. During the performance of this maintenance, the
system may be required to be temporarily 'off-line'. The Customer will be notified in advance of
any such situation.
5. THE CUSTOMER'S OBLIGATIONS.
The Customer agrees to the following:
5.1. BI Assumes no responsibility for the selection of participants for its programs. The
responsibility for placement is solely the responsibility of the referring agency or Customer.
Termination of placement in any BI program is also determined by the referring agency or
Customer. Such termination may be defined by the term stated in a referral document, or upon
special order. It is the responsibility of Ell to inform the referring agency or Customer of program
violations during the term of placement as determined by the agency or Customer. The referring
agency or Customer may determine that early termination and other sanctions are required.
Formal policy may be developed between the referring agency or Customer and BI that pre-
defines placement and termination conditions, provided such policy is written and is consistent
with the levels of authority defined in this statement.
5.2. Refer appropriate cases (participants)to BI for supervision hereunder.
5.3. Identify Authorized Personnel.
5.4. Provide to BI required Client case and curfew information and Customer Order.
5.5 Identify and make available the Customer's staff and/or Equipment(fax, pager)for
the purpose of notification by BI to the Customer of alerts and Equipment status problems.
6. TERMINATION.
Upon completion of BI services under this Agreement, the Customer shall return any property
belonging to BI. BI is entitled to full payment for services rendered during the term of this
Agreement or thereafter.
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