HomeMy WebLinkAbout20192364.tiffBOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE Consider Agreement Extension/Renewal Between Weld County and Intervention,
Inc , for Continued Delivery of Community Corrections Services and Leased Use of the Weld County
Community Corrections Facility
DEPARTMENT Justice Services DATE June 14, 2024
PERSON REQUESTING Doug Erler
Brief description of the problem/issue Enclosed is a draft Agreement Extension/Renewal with our current
vendor, Intervention, Inc, doing business as Intervention Community Corrections Services ("ICCS"), for
continued delivery of daily community corrections services and leased use of the Weld County Community
Corrections Facility The current Agreement is set to expire on 6/30/2024 This extension/renewal is for the
term of 7/1/2024 through 6/30/2025, and marks the final term agreed upon from the Original Agreement Our
department oversees and manages all aspects of the Original Agreement and ongoing extensions/renewals,
with most all offender services directly delivered by ICCS
The County Attorney's Office and Finance have reviewed this extension/renewal, both finding it acceptable
What options exist for the Board? (Include consequences, impacts, costs, etc of options)
Option 1 Approve for placement as a Consent Agenda item on a BOCC agenda and authorize the Chair
to sign
Option 2 Work Session
Recommendation Option I This extension/renewal establishes a new term of services and lease rate
between the parties, to include a few changes to mirror certain aspects of the new Master Contract set by the
State for community corrections services, which was recently reviewed and approved by the Board Contractor
is fully aware of these changes, having had many discussions with our department and the State's Office of
Community Corrections about them and how to best to implement They also understand the change in lease
rate and that in following procurement rules, Weld County will be considering initiating a new Request for
Proposals process for these services and leased use of the facility, with the Contractor given advance notice
There is no County match requirement for allocated funds, which are set annually by the State Thank you for
your consideration
Approve Schedule
Recommendation Work Session Other/Comments
Perry L Buck, Pro -Tern
Mike Freeman
Scott K James
Kevin D Ross, Chair
Lori Sane
e
rtv
vl a erAca
e: Ts(A_ t)
Conwn+- rividsk Gi/ozgo24
lnl24/Zy
Zotcl -Z3V-i
j S0001
Karla Ford
From:
Sent:
To:
Subject:
Scott James
Monday, June 17, 2024 7:24 AM
Karla Ford
Re: Please Reply - PASS AROUND - Justice Services
Importance: High
I support - thanks
Scott K. James
Weld County Commissioner, District 2
1150 0 Street, P.O. Box 758, Greeley, Colorado 80632
970.336.7204 (Office)
970.381.7496 (Cell)
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or
entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you
have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any
disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by
anyone other than the named recipient is strictly prohibited.
On Jun 17, 2024, at 7:18 AM, Karla Ford <kford@weld.gov>wrote:
Please advise if you support recommendation and to have department place on the agenda.
Karla Ford X 0
Office Manager, Board of Weld County Commissioners
1150 0 Street, P.O. Box 758, Greeley, Colorado 80632
:: 970.336-7204 :: kford(c?weldgov.com :: www.weldgov.com
**Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.**
<image002.jpg>
Confidentiality Notice; This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed
and may contain information that is privileged, confidential or otherwise protected from disclosure, If you have received this communication in error, please
immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of
this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Doug Erler <derler@weld.gov>
Sent: Friday, June 14, 2024 2:06 PM
1
Consent Agenda Item
Justice Services Department
901 10th Avenue
P.O. Box 758
Greeley, CO 80632
Phone: (970) 336-7227
Fax: (970) 392-4677
To: Weld County Board of Commissioners
From: Doug Erler, Director
Re: Consider Agreement for Extension/Renewal Between Weld County and Intervention
Inc., (d.b.a. Intervention Community Corrections Services "ICCS") and Authorize Chair to
Sign
Date: June 24, 2024
For action taken in a Pass -Around review to the Board dated 06/14/2024, the Board
unanimously approved for placement as a Consent Agenda item on your agenda and to
authorize the Chair to sign. This Agreement for Extension/Renewal for the Provision of
Community Corrections Services and Leased Use of the Community Corrections Facility is for a
new term of 07/1/2024 through 06/30/2025.
Finance and Assistant County Attorney have reviewed, both finding it acceptable.
Thank you.
AGREEMENT EXTENSION/RENEWAL BETWEEN WELD COUNTY AND INTERVENTION, INC. (d.b.a.
Intervention Community Corrections Services, "ICCS Weld")
This Agreement Extension/Renewal ("Renewal"), made and entered into this 24th day of June 2024, by and
between the Weld County Board of Commissioners, on behalf of the Weld County Community Corrections Board,
hereinafter referred to as the "County," and Intervention, Incorporated, hereinafter referred to as the "Contractor."
WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County Clerk
to the Board of County Commissioners as document No. #2019-2364, approved on June 24, 2019. In March 2024, the
Board of County Commissioners authorized to extend the terms of the Original Agreement beyond the original set time
period to allow for this new Extension/Renewal Agreement.
WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms
of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein.
NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows:
• The current renewal to the Original Agreement to include Agreement for Provision of Community Corrections
Services AND Lease Agreement, will end on June 30, 2024.
• The parties agree to renew the Original Agreement for an additional one-year period, which will begin July 1,
204, and will end on June 30, 2025. This will mark the final year for the Original Agreement.
• This renewal, together with the Original Agreement and any previous amendments, constitutes the entire
understanding between the parties. The following changes are hereby made to the Original Agreement and
renewals, which shall be effective upon the expiration of the current term of the Original Agreement:
1. The parties understand and agree that through the new Master Contract between the State of Colorado,
Division of Criminal Justice, Office of Community Corrections (the State) and Weld County, for the new
State Fiscal Year period of July 1, 2024 to June 30, 2025, the State intends to commit and allocate to
Weld County up to $3,688,136 for Residential placement services for Diversion, Transition and Condition
of Parole offenders, which includes certain performance incentives of 2% contained within in this
amount, $129,538.50 for Non -Residential services for Diversion offenders, $90,000 for Correctional
Treatment Support services, and $160,738.39 for Facility Payments to support for safe and sustainable
staffing coverages. Contractor shall submit bills to the State by no later than the 10th of the month
following the end of the billing period set by the State. Weld County shall continue to serve in the
administration of these funds and payment to Contractor.
2. Medication -Assisted Treatment (MAT). Contractor shall comply with CRS 17-27-104(12) to develop
program protocols to identify client withdrawal symptoms, determine whether is needed and ensure
clients in the program have access to appropriate medical professionals, as necessary and ensuring the
provision of medication -assisted treatment or assistance to clients to access community -based
medication -assistance treatment provider services.
3. Sex -Offender Management Board (SOMB: Memorandum of Understanding (MOU). Pursuant to CRS 16-
11.7-106(8), Contractor shall enter a MOU to collaborate with the SOMB to develop procedures to hold
Page 1 of 3
AGREEMENT EXTENSION/RENEWAL BETWEEN WELD COUNTY AND INTERVENTION, INC. (d.b.a.
Intervention Community Corrections Services, "ICCS Weld")
accountable supervising officers when working with sex offenders who fail to follow SOMB guidelines
and standards.
4. In addition to any independent financial audit, Contractor shall comply with all third -party financial
audits and all requests associated with these audits.
5. The Lease Rate for use of the Weld County Community Corrections Facility shall increase by 4.1% from
$329,000/yr. or $27,416/mo. to $342,488/yr. or $28,540/mo. This percentage represents an average
from the past 5 -years of the Consumer Price Index (i.e., 5.21%, 8.01%, 3.54%, 1.95%, 1.92%)
6. Contractor understands that this 1 -year renewal is being done also to continue to allow Weld County
the opportunity to better review, and align with, the changes made by the State in the newly entered
Master Contract between the Colorado Department of Public Safety, Division of Criminal Justice, Office
of Community Corrections with Weld County. In 2024, and in following its procurement rules, Weld
County will consider initiating a new Request for Proposals (RFP) for community corrections services and
leased use of the Community Corrections Facility, with proper notice given to Contractor.
7. If Contractor disagrees with this Extension/Renewal, it may exercise its authority to terminate for
convenience in accordance with the terms of the Original Agreement. The Contractor's decision to
terminate for convenience under this provision shall be communicated in writing to Weld County within
twenty-one (21) days of Contractor's receipt of written notice from Weld County. Failure to provide
notice of termination within that timeframe shall result in the Contractor's full acceptance.
All other terms and conditions of the Original Agreement remain unchanged.
Page 2 of 3
AGREEMENT EXTENSION/RENEWAL BETWEEN WELD COUNTY AND INTERVENTION, INC (d b a
Intervention Community Corrections Services, "ICCS Weld")
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year
first above written
CONTRACTOR:
Vicki Normovle-Hipp
Printed Name
Signature
ATTEST
Weld
BY
dad:deo W, Jdo;,,k,
Deputy %erk to the Boa,
Approved As To Funding
Approved As To Form '
Chief Financial Officer
County Attorney
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLO 0
By 0
Kevin D Ross, Chair
JUN 2 4 2024
Approved As To Substance
Department Head
0?3 C'
Page 3 of 3
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Consider Extension/Renewal for Provision of Community Corrections Services
Agreement and Lease Agreement with Intervention, Inc.
DEPARTMENT: Justice Services DATE: 6/26/2023
PERSON REQUESTING: Doug Erler
Brief description of the problem/issue: The Agreement for the Provision of Community Corrections Services
and Lease Agreement with our vendor, Intervention, Inc. (dba Intervention Community Corrections Services,
"ICCS") are set to expire on June 30, 2023. Enclosed is a proposed Extension/Renewal Agreement with ICCS
that would ensure seamless delivery of these services. The changes made include a new term period,
language to ensure continuous delivery of services, the anticipated allocation rates for SFY 23/24, the new
lease rate for use of the Community Corrections Facility and notice that while this Extension/Renewal will
exceed by 1 -year Weld County's normal procurement time frames, it is being done so because the Colorado
Division of Criminal Justice, Office of Community Corrections now intends to set forth all new Master Contracts
with its existing contracting entities in 2024; thus, an Extension/Renewal for another 12 -months is more
efficient. Lastly, how Weld County may consider initiating a Request for Proposals (RFP) for community
corrections services, considering internal procurement protocols and to better capture what changes might be
made by the State in their Master Contract to Weld County,
Assistant County Attorney, Finance/Admin and Facilities conferred with and support Extension/Renewal.
What options exist for the Board? (Include consequences, impacts, costs, etc. of options):
Option 1. Approve the Extension/Renewal for both Agreements and authorize placement as a future
Consent Agenda item and authorize Chair to sign
Option 2. Approve the Extension/Renewal for both Agreements and place on a future hearing agenda for
final review/approval and authorize Chair to sign
Option 3. Work Session
Recommendation: Option 1. I maintain communication with ICCS throughout, and they understand the
proposed changes and why the need to Extend/Renew for one (1) more year — to allow Weld County to review
the new provisions that will be set by the State in the Master Contract to Weld County in 2024, and then in turn,
give us the ability to better specify these provisions, and any other local requirements, in a more complete
Subcontract/Agreement and Lease Agreement with ICCS in 2024, and if responsive to a possible RFP. Thank
you for your consideration.
Perry L. Buck, Pro -Tern
Mike Freeman, Chair
Scott K. James
Kevin D. Ross
Lori Saine
Cinwn-}h 19-
7/5/Z3
A rove
Schedule
Regmmendation Work Session Other/Comments:
,16
7/*2
Zolq -23(ef{
JS0001
Karla Ford
From:
Sent:
To:
Subject:
Approve:Option 1
Sent from my iPhone
Mike Freeman
Tuesday, June 27, 2023 9:54 AM
Karla Ford
Re: fleasefteply - PASS AROUND - Justice Services Dept
On Jun 27, 2023, at 4:48 PM, Karla Ford <kford@weld.gov> wrote:
Please advise if you approve recommendation. Thank you.
Karla Ford R
Office Manager, Board of Weld County Commissioners
1150 O Street, P.O. Box 758, Greeley, Colorado 80632
:: 970.336-7204 :: kfordCa).weldaov.com :: www.weldgov.com :.
**Please note my working hours are Monday -Thursday 7:00a.m. 5:00p.m.**
<image002.jpg>
Confidentiality Notice: This electronic transmission and any attached documents or other writings are Intended only for the person or entity to
which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received
this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying,
distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named
recipient is strictly prohibited.
From: Doug Erler <derler@weld.gov>
Sent: Friday, June 23, 2023 10:35 AM
To: Karla Ford <kford@weld.gov>
Subject: RE: PASS AROUND - Justice Services Dept
I had two very minor edits that I saw that needed fixing. Please use these versions for the
Pass Around, thanks.
Doug Erler, Director
Weld County Justice Services Department
901 10th Avenue
P.O. Box 758
Greeley, CO 80632
Office: 970-400-4847
Mobile: 970-673-2829
<image001.jpg>
Consent Agenda Item
Justice Services Department
901 10th Avenue
P.O. Box 758
Greeley, CO 80632
Phone: (970) 336-7227
Fax: (970) 392-4677
To: Weld County Board of Commissioners
From: Doug Erler, DirectorVt.,
Re: Consider Agreement for Extension/Renewal Between Weld County and Intervention
Inc., (d.b.a. Intervention Community Corrections Services "ICCS") and Authorize Chair to
Sign
Date: July 5, 2023
For action taken in a Pass -Around Review to the Board dated 06/26/2023, the Board
unanimously approved placement as a Consent Agenda item to approve now for Agreement for
Extension/Renewal for the Provision of Community Corrections Services and Leased Use of the
Community Corrections Facility, for a new term of 07/1/2023 through 06/30/2024.
Review by the Department, Facilities, Finance/Administration and Assistant County Attorney
was conducted. Additional enclosed, is a letter from ICCS they requested be included with this
paperwork. This letter was reviewed by applicable staff as part of the development of this
Extension/Renewal Agreement. ICCS is not currently seeking amendment to this
Extension/Renewal Agreement as confirmed by affirmative signature by their agency President.
In determining the lease amount, we indicated to ICCS proposing a 5 -year average of the CPI
rate, instead of a year-to-year model. Based on that, a new lease amount was set. We think in
subsequent years this will help "smooth" out the budget process for them and us.
Thank you for your approval consideration.
AGREEMENT EXTENSION/RENEWAL BETWEEN WELD COUNTY AND INTERVENTION, INC. (d.b.a.
Intervention Community Corrections Services "ICCS")
This Agreement Extension/Renewal ("Renewal"), made and entered into this day ofU-2023, by
and between the Board of Weld County Commissioners, on behalf of the Weld County Community Corrections Board,
hereinafter referred to as the "County," and Intervention. Incorporated, hereinafter referred to as the "Contractor."
WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County Clerk
to the Board of County Commissioners as document No. #2019-2364, approved on June 24, 2019.
WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms
of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein.
NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows:
• The current extension to the Original Agreement to include Agreement for Provision of Community Corrections
Services AND Lease Agreement, will end on June 30.2023.
The parties agree to extend the Original Agreement for an additional one-year period, which will begin
2023• and will end on June 30, 2024.
This Renewal, together with the Original Agreement and any previous amendments, constitutes the entire
understanding between the parties. The following changes are hereby made to the Agreement documents,
which shall be effective upon the expiration of the current term of the Original Agreement:
1. The parties understand and agree that through the existing Master Contract between the State of
Colorado, Division of Criminal Justice, Office of Community Corrections (the State) and Weld County, for
the new State Fiscal Year period of July 1, 2023 to June 30, 2024, the State intends to commit and
allocate to Weld County up to $3,739,607.91 for Residential placement services for Diversion, Transition
and Condition of Parole offenders, which includes certain performance incentives of 2% contained
within in this amount, $127,331.40 for Non -Residential services for Diversion offenders, $103,000 for
Correctional Treatment Support services, and $156,056.69 for Facility Payments to support for safe and
sustainable staffing coverages. Weld County shall continue to serve in the administration of these funds
and payment to Contractor.
2. The Lease Rate for use of the Weld County Community Corrections Facility shall increase by 4.1% from
$316,349/yr. to $329,000/yr. or $27,416/mo. This percentage represents an average from the past 5 -
years of the Consumer Price Index.
3. Contractor understands that this 1 -year Extension/Renewal is being done also to allow Weld County the
opportunity to better review, and align with, the anticipated changes to be made by the State in 2024 in
its Master Contract with Weld County. In 2024, and in following its procurement rules, Weld County may
also consider initiating a Request for Proposals (RFP) for community corrections services and leased use
of the Community Corrections Facility, with proper notice given to Contractor.
4. If Contractor disagrees with this Extension/Renewal, it may exercise its authority to terminate for
convenience in accordance with the terms of the Original Agreement. The Contractor's decision to
terminate for convenience under this provision shall be communicated in writing to the County within
twenty-one (21) days of Contractor's receipt of written notice from Weld County. Failure to provide
notice of termination within that timeframe shall result in the Contractor's full acceptance.
Page 1of2
AGREEMENT EXTENSION/RENEWAL BETWEEN WELD COUNTY AND INTERVENTION, INC. (d.b a
c Intervention Community Corrections Services "ICCS")
All other terms and conditions of the Original Agreement remain unchanged
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year
first above written.
CONTRACTOR: ] rJ ert4 G n 11-"
e► iP
errh oYi .mac
Print , ame
Signatur
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY..CAIARAOO
By:
Perry L. B lk, Pro—Tem
JUL 0 5 2023
Approved As To Substance:
Department He
ATTEST
Weld
Page 2 of 2
.4P /9 �& Z
irintervention
1 Community
corrections
AIL services
June 20, 2023
Weld County Commissioners
c/o Doug Erler
Director
Weld County Justice Services
915 10th St. #334
Greeley, CO 80631
RE: Lease Renewal Rate and Lease Structure
Dear Commissioners:
Intervention Inc., a Colorado Non -Profit (d.b.a. Intervention Community Corrections Services/ICCS), has been
proud to contract with Weld County for the provision of community corrections services for the past fifteen
years.
Since 2010, Intervention has leased the County owned community corrections facility located at
1101 H. St. Greeley, CO 80631. The facility was designed to accommodate approximately 204 residential
clients. ICCS has managed progressive increases in population, peaking at 97% of capacity in 2020, just prior
to the COVID-19 pandemic. Post pandemic, operational capacity has been reduced to 182 (89% capacity),
with an average daily population of approximately 160.
Lease rates over the years have been static, based on building square footage. Intervention has paid the same
for periods of highest occupancy as it has for periods of lowest occupancy. This is fundamentally important as
revenue for services is based on a bed occupancy per diem, exclusively driven by allocation of funds through
the State, passed through Weld County.
For the upcoming lease renewal period in fiscal year 2023-2024, the County initially proposed a 4% lease rate
increase, then indicated more aggressive 5.1% rate increase following publication of the Consumer Price Index
(CPI) data from the US Bureau of Labor and Statistics. Meanwhile, State funding for community corrections
will increase by only 3% in the upcoming fiscal year, repeating a consistent year over year pattern of the CPI,
outpacing funding for community corrections.
Long term, we believe this approach to not be sustainable without risking degradation to the quality of our
programs and services. The purpose and use of the community corrections facility is unique, as is the nature of
our business and its funding. As such, we believe it is important to refrain from traditional pricing methods for
commercial building space on the open market. Moreover, Intervention provides a valuable service to the
citizens of Weld County and the County's investment in community corrections reciprocates this value.
ices kendall ices west ices weld ices pueblo ices boulder ices adams
1651 kendall st. 11500 w. security ave. 1101 h street 1901 n. hudson st 1770 21.10. 8031 I-76 service rd
Lakewood, co 80214 Lakewood, co 80215 greele), co 80631 pueblo, co 81001 boulder, co 80302 henderson, co 80640
phone: (303) 232.4002 phone: (303) 407.6200 phone: (970) 584.2520 phone: (719) 569.3016 phone: (303) 449-2539 phone: (720) 523-7440
fax: (303) 232.4392 fax: (300) 4074201 fax: (975) 504.2525 fax: (719) 569.3075 Iva (303) 449.0668 fax: (720) 523-7441
Our hope is to continue working in partnership with the County and structure a fair and sustainable lease rate
which maximizes our ability to continue providing the highest quality of services.
Specifically, we ask for your favorable consideration to approve conversion of the traditional price for size lease
structure to a variable, occupancy -based approach. This structure better reflects the partnership Weld County
and Intervention maintain and helps regulate the economies of scale needed to provide quality services. Under
this model, Intervention would pay the County the percentage of the lease rate, based on the level of occupancy.
For example, the current lease rate (FY '22-'23) is $25,287/month and would be the rate paid at 100%
occupancy (set at 182). At current occupancy of 160, Intervention would pay the County $22,252/month, which
is 88% of the full lease rate and 88% of the building's maximum occupancy.
Additionally, Intervention respectfully requests lease rate increases be capped to the extent community
corrections funding is increased by the Colorado General Assembly, instead of being driven by the CPI. For the
upcoming fiscal year, a 3% increase amounts to an additional $9,103/year.
As a non-profit community corrections program, we have no ability to control market conditions or adjust fees
for services to accommodate rate increases. The high inflation environment has forced increases in all areas of
operations, (i.e., food and employee wages). While price increases are inevitable, it is vitally important to our
mission to sustain a program that provides only the highest quality services to our clients, the community, and
criminal justice system stakeholders.
We are hopeful this proposal will be approved as it most fairly meets the needs of all parties. Thank you for
your support and continued collaboration. We would be happy to discuss our proposal in greater detail with you
at your convenience.
Sincerely,
Brian Hulse
Executive Director
ICCS
ell genberger
Pr-. , nt, Intervention Inc.
Ices kendall ices west ices weld kcs pueblo ices boulder ices adams
1651 Modell st. 11500 w. security ave. 1101 h street 1901 n. hudson st. 1770 21" st. 8031 1.76 service rd
Lakewood, co 80214 lkewood, co 80215 grnley, co 80631 pueblo, co 51001 boulder, co 80302 hcnderson, co 80640
phones (303) 232.4002 phone: (303) 407-6200 phone. (970) 584.2520 phone: (719) 569.3020 phone: (303) 449-2539 phone: (720) 523-7440
fax: (303) 232.4392 fax: (303) 40741201 fax (970) 584.2525 fax: (719) 949-9075 fax: (303) 4490668 fax: (720) 523-7441
EXTENSION/RENEWAL #4 TO AGREEMENT FOR PROVISION OF COMMUNITY
CORRECTIONS SERVICES - INTERVENTION, INC.
APPROVED AS TO SUBSTANCE:
Elected Official, rtment Head, or Deputy Department Head
APPROVED AS TO FUNDING:
Chief Financial 0 icer, or Controller
APPROVED AS TO FORM:
County Attorney
Consent Agenda Item
Justice Services Department
901 10th Avenue
P.O. Box 758
Greeley, CO 80632
Phone: (970) 336-7227
Fax: (970) 392-4677
To: Weld County Board of Commissioners
From: Doug Erler, Director'
Re: Consider Agreement for Extension/Renewal Between Weld County and Intervention
Inc., (d.b.a. Intervention Community Corrections Services "ICCS") and Authorize Chair to
Sign
Date: June 22, 2022
In a Pass -Around Review to the Board dated 06/15/2022, the Board approved placement as a
Consent Agenda item on a future Board hearing agenda, whereas the parties concur on
Agreement for Extension/Renewal for the Provision of Community Corrections Services and
Leased Use of the Community Corrections Facility, for a new term of 07/1/2022 through
06/30/2023.
Review by the Department and Assistant County Attorney was previously conducted.
Thank you for your approval consideration.
Cone
outzz/ 22
ec.. LT's-00
(e/O2„91/ate
2olq-23(04
0001
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Consider Extension/Renewal for Provision of Community Corrections Services
Agreement and Lease Agreement with Intervention, Inc.
DEPARTMENT: Justice Services DATE: 6/15/2022
PERSON REQUESTING: Doug Erler b
Brief description of the problem/issue: The Agreement for the Provision of Community Corrections Services
and Lease Agreement with our vendor, Intervention, Inc. (dba Intervention Community Corrections Services,
"ICCS") are set to expire on June 30, 2022. Enclosed is a proposed Extension/Renewal Agreement with ICCS
that would ensure seamless delivery of these services while awaiting new allocation figures from the State to
Weld County. The changes include a new term period, language to ensure continuous delivery of services,
acknowledgement that they can no longer charge offenders under their supervision certain fees (the Board
was previously made aware of this through a separate Contract Amendment with the State), and a new lease
rate for use of the Community Corrections Facility of $303,444, for the new term of this Extension/Renewal
Agreement (increase of no more than $12,905/yr.).
I conferred with Don, Karin and Toby; all support for Extension/Renewal. The Department and the Community
Corrections Board also support for approval. This Extension/Renewal period will mark the final year of the term
of the Original Agreements; Karin and I agree in 2023 and to follow procurement requirements, consideration
can be made to re -bid for these services.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
Option 1. Approve the Extension/Renewal for both Agreements and authorize placement as a future
Consent Agenda item and authorize Chair to sign
Option 2. Approve the Extension/Renewal for both Agreements and place on a future hearing agenda for
final review/approval and authorize Chair to sign
Option 3. Work Session
Recommendation: Option 1. I've maintained communication with ICCS throughout, and they understand the
proposed changes. For ease of administration, authorizing placement as a future Consent Agenda item
appears the most efficient and recommended approach. Weld County remains in very good standing with the
State for these public safety services and ICCS continues to be an acceptable community corrections services
vendor for the County. Thank you for your consideration.
Approve
Recommendation
Perry L. Buck
Mike Freeman, Pro -Tern
Scott K. James, Chair
Steve Moreno
Lori Saine
Schedule
Work Session Other/Comments:
AGREEMENT EXTENSION/RENEWAL BETWEEN WELD COUNTY AND INTERVENTION, INC. (d.b.a.
Intervention Community Corrections Services "ICCS")
This Agreement Extension/Renewal ("Renewal"), made and entered into this 2- day of JUNE 2022, by
and between the Board of Weld County Commissioners, on behalf of the Weld County Community Corrections Board,
hereinafter referred to as the "County," and Intervention Incorporated, hereinafter referred to as the "Contractor."
WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County Clerk
to the Board of County Commissioners as document No. #2019-2364, approved on June 24, 2019.
WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms
of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein.
NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows:
• The current extension to the Original Agreement to include Agreement for Provision of Community Corrections
Services AND Lease Agreement, will end on June 30, 2022.
• The parties agree to extend the Original Agreement for an additional one-year period, which will begin July 1,
2022, and will end on June 30, 2023.
• This Renewal, together with the Original Agreement and any previous amendments, constitutes the entire
understanding between the parties. The following changes are hereby made to the Agreement documents,
which shall be effective upon the expiration of the current term of the Original Agreement:
1. The parties agree that all compensation to the Contractor underthe Original Agreement shall remain
the same until such time as the Department of Public Safety, Division of Criminal Justice, State of
Colorado ("DO"), issues a new allocation letterto the County, which is expected to occur byJuly 1,
2022. In the event the DO exercises its authority under Section 2.C. of the Intergovernmental
Agreement between the DCJ and Weld County (the "Master Contract"), the allocation letter from the
DCJ may be delayed. Regardless, the parties to this Renewal agree that the rates and terms provided in
the new allocation lettershall be incorporated herein and replace all conflicting rates and terms
described in the Original Agreement and shall become effective as of the effective date of the allocation
letter; and
2. In the eventthatthe Contractor disagrees with the rates and terms of the allocation letter, it may
exercise its authority to terminate forconvenience in accordance with the terms of the Original
Agreement. The Contractor's decision to terminate for convenience underthis provision shall be
communicated in writing to the County within twenty-one (21) days of Contractor's receipt of written
notice from Weld County of figures reported in the allocation letter. Failure to provide notice of
termination within that timeframe shall result in the Contractor's full acceptance of the rates and terms
within the figures reported in the allocation letter.
3. The Lease Rate for use of the Weld County Community Corrections Facility shall increase by no more
than $12,905 from the original rate of $303,444/yr. to $316,349/yr. or $26,362/mo.
4. Contractor understands that per HB 22-1329, Long Bill, it can no longer charge $17.00 per day
subsistence to clients for residential supervision services nor$3.00 per day to clients for non-residential
supervision services.
• All other terms and conditions of the Original Agreement remain unchanged.
Page 1 of 2
AGREEMENT EXTENSION/RENEWAL BETWEEN WELD COUNTY AND INTERVENTION, INC. (d.b.a.
Intervention Community Corrections Services "ICCS")
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year
first above written.
CONTRACTOR:
K� 1 . Scaie r 6,1 �v `�t�- re -g; CtMTf
Nakn
Printed e
Signature
ATTEST:
Weld C
BY:
Deputy C
Approved As To Funding:
Chief Financial Officer
Approve AsToFow�i�'
County Attorney
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
By:
Scott K. James, Chair
JUN 2 2 2022
Approved As To Substance:
Page 2 of 2
Justice Services Department
901 10h Avenue
P.O. Box 758
Greeley, CO 80632
Phone: (970) 336-7227
Fax: (970) 392-4677
CONSENT AGENDA
To: Board of County Commissioners
From: Doug Erler, Directo
Re: Consider Agreement Extension/Renewal and Lease Agreement with Intervention
Community Corrections Services (ICCS) and Authorize Chair to Sign
Date: June 21, 2021
These items were presented tD you as a Pass Around, dated June 8th, 2021, with Board agreement and
direction given to place these items on the Consent Agenda at a future Board meeting.
Thank you for your consideration.
0_,I2DnSefilt
ogre)/a1
Oo (q - a3co9
0-500o
BOARD OF COUNTY COMMISSIONERS - PASS -AROUND REVIEW
RE: Consider Renewal/Extension for Provision of Community Corrections Services Agreement and Lease
Agreement with Intervention, Inc.
DEPARTMENT: JUSTICE SERVICES DATE: 6/8/2021
PERSON REQUESTING: DOUG ERLER, Director
Brief description of the problem/issue:
The Agreement for the Provision of Community Corrections Services and Lease Agreement with our vendor,
Intervention, Inc. (dba Intervention Community Corrections Services, "ICCS") are set to expire on June 30, 2021.
Enclosed is a proposed Renewal/Extension Agreement with ICCS that would ensure seamless delivery of these
services while awaiting new allocation figures from the State to Weld County. The only changes include the new term
period, language to ensure continuous delivery of services, and continuation of the same monthly lease amount.
I conferred with Don, Bob C. and Toby; all support for approval/renewal. The Department and the Community
Corrections Board also support for approval/renewal. This renewal/extension period will mark the final year of the
term of the Original Agreements; Bob and I agree; we intend to revisit these Agreements with the Board in early 2022
to gain your direction on whether to re -bid for these services. We can offer recommendations for your consideration
at that time.
What options exist for the Board? (Include consequences, impacts, costs, etc. of options)
Option 1. Approve the renewal/extension for both agreements and authorize placement as a future Consent
Agenda item and authorize Chair to sign
Option 2. Approve the renewal/extension for both agreements and place on future hearing agenda for final
review/approval and authorize Chair to sign
Option 3. Work Session
Recommendation:
Option 1. With no substantive changes to both Agreements and knowing each year the DCJ is working to finalize its
calculations on allocation amounts for the new SFY, authorizing placement as a future Consent Agenda item is the
most efficient recommended approach. Weld County remains in good standing with the State for these public safety
services and ICCS continues to be a good community corrections services vendor for the County. Thank you for your
consideration.
Schedule
Work Session Other/Comments:
Perry L. Buck
Mike Freeman
Scott K. James, Pro-tem
Steve Moreno, Chair
Lori Saine
Approve
Recommendation
AGREEMENT EXTENSION/RENEWAL BETWEEN WELD COUNTY AND INTERVENTION, INC. (d.b.a.
Intervention Community Corrections Services "ICCS")
This Agreement Extension/Renewal ("Renewal"), made and entered into - I day of JUNE, 2021, by and
between the Board of Weld County Commissioners, on behalf of the Weld County Community Corrections Board,
hereinafter referred to as the "County," and Intervention Incorporated, hereinafter referred to as the "Contractor."
WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County Clerk
to the Board of County Commissioners as document No. #2019-2364, approved on June 24, 2019.
WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms
of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein.
NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows:
• The Original Agreement to include Agreement for Provision of Community Corrections Services and Lease
Agreement, will end on June 30, 2021.
• The parties agree to extend the Original Agreement for an additional one-year period, which will begin July 1,
2021, and will end on June 30, 2022.
• This Renewal, together with the Original Agreement, constitutes the entire understanding between the parties.
The following changes are hereby made to the Agreement documents, which shall be effective upon the
expiration of the current term of the Original Agreement:
1. The parties agree that all compensation to the Contractor under the Original Agreement shall remain
the same until such time as the Department of Public Safety, Division of Criminal Justice, State of
Colorado ("DCJ"), issues a new allocation letter to the County, which is expected to occur by July 1,
2021. In the event the DCJ exercises its authority under Section 2.C. of the Intergovernmental
Agreement between the DCJ and Weld County (the "Master Contract"), the allocation letter from the
DCJ may be delayed. Regardless, the parties to this Renewal agree that the rates and terms provided in
the new allocation letter shall be incorporated herein and replace all conflicting rates and terms
described in the Original Agreement and shall become effective as of the effective date of the allocation
letter; and
2. In the event that the Contractor disagrees with the rates and terms of the allocation letter, it may
exercise its authority to terminate for convenience in accordance with the terms of the Original
Agreement. The Contractor's decision to terminate for convenience under this provision shall be
communicated in writing to the County within twenty-one (21) days of Contractor's receipt of written
notice from Weld County of figures reported in the allocation letter. Failure to provide notice of
termination within that timeframe shall result in the Contractor's full acceptance of the rates and terms
within the figures reported in the allocation letter.
• All other terms and conditions of the Original Agreement remain unchanged, to include continued facility use
Lease Amount rate of $25,287/month.
Page 1 of 2
AGREEMENT EXTENSION/RENEWAL BETWEEN WELD COUNTY AND INTERVENTION, INC. (d.b.a.
Intervention Community Corrections Services "ICCS")
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year
first above written.
CONTRACTOR: BOARD OF COUNTY COMMISSIONERS
16, I 1, Sea QA1.b`�j -Jf �?a-8(��•�- WELD COUNTY, COLORADO
Printed = 8y.�'1�
Signat
Steve Moreno, Chair
JUN 2 12021
Approved As To Substance:
Department Hee
ATTEST•
Weld
BY
Dep
Clerk t
!Mr DIY; 110
% oard
foe
he Board
Page 2 of 2
0
026v a2-56
EXTENSION/RENEWAL #2 TO AGREEMENT FOR PROVISION OF COMMUNITY
CORRECTIONS SERVICES - INTERVENTION, INC.
APPROVED AS TO FUNDING:
APPROVED AS TO FORM:
st
County Attorney
Justice Services Department
915 10th Street, #334
P.O. Box 758
Greeley, CO 80632
Phone: (970) 336-7227
Fax: (970) 392-4677
COMMUNICATIONS/CONSENT AGENDA
To: Board of County Commissioners
From: Doug Erler, DirectofW,
Re: Consider Agreement Extension/Renewal and Lease Agreement with Intervention
Community Corrections Services (ICCS) and Authorize Chair to Sign
Date: June 25, 2020
These items were presented to you as a Pass Around on June 22, 2020, with board unanimity and
direction given to place these items on the Consent Agenda at the boards next meeting, scheduled for
Monday, June 29, 2020.
Thank you.
O
i56 -DO
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
RE: Consider Community Corrections Services Renewal/Extension Agreement and Lease Agreement with
Intervention, Inc.
DEPARTMENT: JUSTICE SERVICES DATE: 6/22/20
PERSON REQUESTING: DOUG ERLER, Director
Brief description of the problem/issue:
The Agreement for the Provision of Community Corrections Services and Lease Agreement with our vendor,
Intervention, Inc. (dba Intervention Community Corrections Services, "ICCS") are set to expire next Tuesday June 30,
2020. With the pandemic and legislative session just ending last week, the Division of Criminal Justice is unable to
set new statewide community corrections services allocations for SFY 20-21; and for Weld County, in time to consider
new annual Agreements with ICCS. Enclosed is a proposed Renewal/Extension Agreement with ICCS that would
ensure seamless delivery of these services until such time new allocation amounts are determined by the State.
Regarding the Lease Agreement, the only changes include setting the new service period, certain dates, names and
addresses.
Conferred with Don, Bob C. and Toby; all support for approval/renewal. The Department and the Community
Corrections Board also support for approval/renewal.
What options exist for the Board? (Include consequences, impacts, costs, etc. of options)
Option 1. Approve both agreements and authorize placement as a future Consent Agenda item and authorize
Chair to sign
Option 2. Approve both agreements and place on future hearing agenda for final review/approval and authorize
Chair to sign
Option 3. Work Session
Recommendation:
Option 1. With no substantive changes to both Agreements and knowing the DCJ is working to finalize its calculations
on allocation amounts for the new SFY, authorizing placement as a future Consent Agenda item is the most efficient
recommended approach. Weld County remains in good standing with the State for these public safety services and
ICCS continues to be a good community corrections services vendor for the County. Thank you for your consideration.
Mike Freeman, Chair
Scott K. James
Barbara Kirkmeyer
Steve Moreno, Pro Tem
Kevin D. Ross
Approve
Recommendation
lc ft
Schedule
Work Session
Other/Comments:
AGREEMENT EXTENSION/RENEWAL BETWEEN WELD COUNTY AND INTERVENTION, INC. (d.b.a.
Intervention Community Corrections Services "ICCS")
This Agreement Extension/Renewal ("Renewal"), made and entered into 2� day of JUNE, 2020, by and
between the Board of Weld County Commissioners, on behalf of the Weld County Community Corrections Board,
hereinafter referred to as the "County," and Intervention Incorporated, hereinafter referred to as the "Contractor."
WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County Clerk
to the Board of County Commissioners as document No. #2019-2364, approved on June 24, 2019.
WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms
of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein.
NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows:
• The Original Agreement will end on June 30, 2020.
• The parties agree to extend the Original Agreement for an additional one-year period, which will begin July 1,
2020, and will end on June 30, 2021.
• The Renewal, together with the Original Agreement, constitutes the entire understanding between the parties.
The following changes are hereby made to the Agreement documents, which shall be effective upon the
expiration of the current term of the Original Agreement:
1. The parties agree that all compensation to the Contractor under the Original Agreement shall remain
the same until such time as the Division of Criminal Justice, Department of Public Safety, State of
Colorado ("DCJ"), issues a new allocation letter to the County, which is expected to occur by July 1,
2020. In the event the DCJ exercises its authority under Section 2.C. of the Intergovernmental
Agreement between DCJ and Weld County (the "Master Contract"), the allocation letter from DCJ may
be delayed by as much as two (2) months. Regardless, the parties to this Renewal agree that the rates
and terms provided in the new allocation letter shall be incorporated herein and replace all conflicting
rates and terms described in the Original Agreement and shall become effective as of the effective date
of the allocation letter;
2. In the event that the Contractor disagrees with the rates and terms of the allocation letter, it may
exercise its authority to terminate for convenience in accordance with the terms of the Original
Agreement. The Contractor's decision to terminate for convenience under this provision shall be
communicated in writing to the County within twenty-one (21) days of Contractor's receipt of written
notice from Weld County of figures reported in the allocation letter. Failure to provide notice of
termination within that timeframe shall result in the Contractor's full acceptance of the rates and terms
within the figures reported in the allocation letter; and
3. Contractor's new corporate headquarters address is now recognized as 12600 W. Colfax, Suite B-410
Lakewood, Colorado 80215.
• All other terms and conditions of the Original Agreement remain unchanged.
Page 1 of 2
AGREEMENT EXTENSION/RENEWAL BETWEEN WELD COUNTY AND INTERVENTION, INC. (d.b.a.
Intervention Community Corrections Services "ICCS")
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year
first above written.
CONTRACTOR:
Printed NN e
Signature A
ATTEST:
Weld
BY:
Deputy Jerk to the B
Approved As To Funding:
Controller
Approved As To Form:
J
County Attorney
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
By:
Mike Freeman, Chair JUN 2 9 2020
Approved As To Substance:
partment
oZ0/9-023e
age 2 of 2
RESOLUTION
RE: APPROVE AGREEMENT FOR PROVISION OF COMMUNITY CORRECTIONS
SERVICES AND AUTHORIZE CHAIR TO SIGN - INTERVENTION, INC., DBA
INTERVENTION COMMUNITY CORRECTIONS SERVICES (ICCS)
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 Provision of Community
Corrections 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 Intervention, Inc., dba Intervention Community Corrections Services (ICCS),
commencing July 1, 2019, and ending June 30, 2020, 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 Provision of Community Corrections 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 Intervention, Inc.,
dba Intervention Community Corrections Services (ICCS), 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 24th day of June, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:,..•061140.) •
Weld County Clerk to the Board
BY: a
eputy Clerk to the Board
APP 0 i AS
ttorney
Date of signature: 0(0(3).811`i
ara Kirkmeyer, ghair
Mike Freeman, Pro -Tern
EXCUSED
James
Steve Moreno
cc,z 'z-sc oz), ecnc-ri-rsG,
a.c+ c b c r c co
9-
2019-2364
JS0007
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
RE: Consider Community Corrections Services Agreement and Lease Agreement with Intervention, Inc.
DEPARTMENT: JUSTICE SERVICES DATE: 6/12/19
PERSON REQUESTING: DOUG ERLER
Brief description of the problem/issue:
The Agreement for the Provision of Community Corrections Services and Lease Agreement with our vendor,
Intervention, Inc. (dba Intervention Community Corrections Services - ICCS) are set to expire June 30, 2019. Changes
made include setting new annual periods of service, changes in certain allocation line items adjusted by the State and
the annual lease amount. Please recall, the board recently approved a new 5 -year Master Contract with the State for
community corrections services; these Agreements articulate roles and responsibilities.
I conferred with Don Warden and Toby Taylor on the Lease Agreement and both agree on the new amount. I then
asked Bob Choate to review both Agreements, and he supports approval.
What options exist for the Board? (Include consequences, impacts, costs, etc. of options)
Option 1.
Option 2.
Approve as a future hearing agenda item and authorize Chair to sign
Schedule Work Session
Recommendation:
Option 1. Weld County remains in very good standing with these services. Local control and support are paramount
to its success. Thank you for your consideration.
Sean P. Conway
Scott James
Mike Freeman, Pro -Tern
Barbara Kirkmeyer, Chair
Steve Moreno
Approve
Recommendation
_rte
Schedule
Work Session
Other/Comments:
2019-2364
Justice Services Department
915 10th Street, #334
P.O. Box 758
Greeley, CO 80632
Phone: (970) 336-7227
Fax: (970) 392-4677
MEMORANDUM
To: Board of County Commissioners
From: Doug Erler, Director
Re: Consider Agreement for the Provision of Community Corrections Services and Lease
Agreement with Intervention Community Corrections Services (ICCS) and Authorize
Chair to Sign
Date: June 24, 2019
These items were presented to you as a Pass Around on June 12, 2019. Both have been reviewed by the
County Attorney's office, Finance and Building and Grounds department. They now come before you for
your final review and approval. The most notable revision to the Agreement for the Provision of
Community Corrections Services, are new allocation rates set by the State to Weld County for upcoming
SFY 19-20. This Agreement carries forward virtually all that is set forth in the new 5 -year Master
Contract between Weld County and the Colorado Department of Public Safety. Regarding the Lease
Agreement, the most notable revision includes a 2.3% increase in the annual lease amount.
I respectfully request the Board approve both Agreements and authorize the Chair to sign.
Thank you.
AGREEMENT FOR THE PROVISION OF COMMUNITY CORRECTIONS SERVICES
THIS AGREEMENT, effective this 2.9 day of June, 2019 by and between the Board of
Commissioners of Weld County ("the Board"), PO Box 758, Greeley CO 80632 on behalf of the Weld
County Community Corrections Board, ("Community Corrections Board") and Intervention Incorporated,
(d.b.a. Intervention Community Corrections Services "ICCS") 1333 West 120th Avenue, Suite 101,
Westminster, Colorado 80234 hereinafter referred to as "the Contractor."
1. WHEREAS, authority exists in the law and funds for the current fiscal year have been budgeted
by the State of Colorado, appropriated and otherwise made available and a sufficient
uncommitted balance thereof remains available for encumbering and subsequent payment of this
agreement; and
2. WHEREAS, required approval, clearance and coordination has been carried out from and with the
State of Colorado; and
3. WHEREAS, the Board has an ongoing contract with the Colorado Department of Public Safety,
Division of Criminal Justice, to provide community corrections services pursuant to Title 17, Article
27, and Section §18-1.3-301, C.R.S., as amended, and desires to enter into an agreement with
Intervention Incorporated, for the provision of such services.
NOW THEREFORE, subject to the terms, conditions, provisions and limitations contained in this
Agreement, the Board and the Contractor agree as follows:
I. STATEMENT OF WORK
Responsibilities of the Contractor:
A. Approval. The Contractor shall be approved by the local community corrections board in their
jurisdiction and operate pursuant to Title 17, Article 27, and Section §18-1.3-301, C.R.S., as
amended.
B. Description of Services. The Contractor shall provide residential, non residential and certain
vocational and rehabilitative services to 1) offenders referred by the Department of Corrections
(DOC), 2) offenders referred by the State Judicial Branch (SJB), 3) offenders referred by the State
Board of Parole, or 4) offenders referred by SJB pursuant to Section §19-2-907, Section §19-2-
907(1)(b), Section §19-2-908, and Section §19-2-910, CRS., as amended, or as otherwise
approved by the Community Corrections Board and the Board.
C. Standards. The Contractor shall meet, maintain, and comply with all applicable guidelines or
standards as provided in Title 17, Article 27, and Section §18-1.3-301, CRS, as amended, and the
"Colorado Community Corrections Standards," as revised or amended by the Colorado
Department of Public Safety. Non-compliance and/or willful disregard with applicable guidelines
or standards may result in reduction of compensation rates as specified in Paragraph 2.A.2.,
herein; cessation of offender placements in the program; implementation of a corrective action
plan with a professional consultant as approved by the Contractor, the Board, the Community
Corrections Board and the State, with all costs borne on the Contractor; implementation of an
increased staffing pattern by the Contractor to ensure adequate offender care and supervision;
Page 1 of 14
„CV/ 9 —at 56'4
implementation of a competitive bid process to consider alternative program providers; or
termination of the Agreement. The Contractor shall ensure offenders under their care and
supervision are afforded opportunity to engage in the community and with faith -based
organizations.
D. State and Local Regulations. The Contractor shall follow all state, county and local health, safety,
fire, building and zoning requirements.
E. Victim Rights Act. The Contractor shall comply with Section §24-4.1-302.5, Section §24-4.1-303
and Section §24-4.1-304 C.R.S., as amended, commonly known as the Victim Rights Act and
enabling legislation.
F Immigration Reform Control Act. The Contractor shall comply with all federal and state laws,
including the Immigration Reform Control Act in all hiring practices.
G. Americans with Disabilities Act. The Contractor shall comply with all applicable titles of the
Americans with Disabilities Act (Public Law 101.336) and submit documentation as required by
the State or the County to demonstrate compliance with this Act.
H. Client Files. The Contractor shall keep individual electronic and hard files for each offender taking
part in the Contractor's program as required by the DOC/SJB/Parole Board or as otherwise
specified by the Community Corrections Board or the Board. Such files and criminal history
records shall be maintained and disseminated pursuant to federal and state regulations.
Reports. The Contractor shall provide timely, prompt, and accurate reports as are or may be
required by the State, DOC, SJB, or the Community Corrections Board during the period of the
Agreement, which include but are not limited to audit reports, program evaluation reports,
statistical reports, caseload data, required entries into the State's Community Corrections
Information and Billing ("CCIB") computer system, survey questionnaires and other records
documenting the types of services provided, there effectiveness and the identity of the individual
offenders receiving such services. Computerized termination forms and related offender data
must be completed by the Contractor's program staff, as prescribed by the State, for each
offender served, and shall be completed with the requirements of the State and the Community
Corrections Board.
J. Fugitive Reporting System. Pursuant to Section §17-27-104 (11), C.R.S., the Contractor shall
report any probable escape of any offender funded per this Agreement in effect at the time of the
escape. Contractor program staff shall also provide the State information about any offender who
escapes from its supervision. The Contractor shall provide to the Community Corrections Board
with monthly escape reports of all offenders reported as escapees, whether Diversion or
Transition offenders or as otherwise specified by the Community Corrections Board.
K. Supervision of Offenders. The Contractor shall provide 24 -hour -a -day, seven -day -a -week staff
supervision of the offenders assigned to the residential facility as specified in the "Colorado
Community Corrections Standards." Further, the Contractor shall provide non-residential
supervision of those applicable offenders referred by the SJB and per the "Colorado Community
Corrections Standards."
L. Method of Billing. The Contractor shall bill the State for services provided on such forms and in
Page 2 of 14
such manner as the State may require. For the billing to be approved and accepted by the Board
and Community Corrections Board, the signature of the appropriate Probation/Parole liaison or
board representative, confirming the accuracy of the billing is required. Billing shall be submitted
through CCIB and/or at the sole discretion of the State, on a Community Corrections Billing
electronic form provided to the Contractor by the State for that purpose. The State reserves the
right to change billing procedures.
M. Additional Services. The Contractor shall obtain prior written approval from the State and the
Community Corrections Board and the Board before providing any additional billable services or
evaluations not provided for by the terms and conditions of this Agreement. If services are billed
by the Contractor that exceed the maximum total payments as described in Paragraph 2. A.2.,
herein, neither the State, Weld County nor the Community Corrections Board is liable for
reimbursement. Should more funding become available, the State, Weld County, its Community
Corrections Board may, at its own option, choose to reimburse beyond the amount specified in
Paragraph 2. A.2., herein.
N. Reimbursement by Client. The Contractor shall charge each offender taking part in the community
corrections program the reasonable costs of the services not covered by State payments. The
charges may be collected on an ability to pay basis. Each offender shall be issued receipts for
fees collected monthly or as otherwise requested.
Any charges to offenders more than the amounts listed in the Colorado legislative appropriation
must be approved in advance by the State and the Community Corrections Board. The Contractor
must provide a description of such additional fees, including rates, services or products
purchased, and program policies and procedures related to collecting and record keeping to the
State, the Board, the Community Corrections Board, and the referring agency.
O. Absence Due to Arrest. The Contractor shall notify the DOC/SJB/Parole Office immediately if they
know an offender has been arrested and/or is in the custody of, federal, state, or local law
enforcement authorities. The Community Corrections Board shall compensate the Contractor at
full rate for the day the offender is arrested, and at 50% of the regular per diem rate for up to
seven (7) days for maintaining the availability of a position in the program during the offender's
absence.
P. Unauthorized Absence. The Contractor shall notify the DOC or SJB, through the appropriate
Probation/Parole liaison, within two (2) hours after an offender is discovered to be absent from an
approved location or activity without authorization. The Contractor shall keep the offender's
position in the program available for a period not to exceed one (1) day during the offender's
unauthorized absence if the DOC/SJB notifies the Contractor that it does desire to have said
position kept available. The Community Corrections Board shall compensate the Contractor at the
full rate the day the offender escapes.
Q. Insurance and Indemnification: The Contractor must secure, or normally always update at or
before the time of execution of this Agreement or commencement of any work liability insurance
coverage in force during the term of this Agreement, or any extension thereof, and during any
warranty period. An insurer licensed to do business in Colorado and rated by A.M. Best Company
as "A" VIII or better shall underwrite such insurance. Such policy shall contain a valid provision or
endorsement so that any of the above -described policies is cancelled or should any coverage be
reduced before the expiration date thereof, the issuing company shall send written notice to Weld
Page 3 of 14
County by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days
prior to such cancellation or reduction unless due to non-payment of premiums for which notice
shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention,
the Contractor must notify the County. The Contractor shall be responsible for the payment of any
deductible or self -insured retention. The County reserves the right to require the Contractor to
provide a bond, at no cost to the County, in the amount of the deductible or self -insured retention
to guarantee payment of claims.
The insurance coverage specified in this Agreement is the minimum requirements, and these
requirements do not decrease or limit the liability of the Contractor. The County in no way
warrants that the minimum limits contained herein is sufficient to protect from liabilities that
might arise out of the performance of the work under this Agreement by the Contractor, its
agents, representatives, employees, or subcontractors. The Contractor shall assess its own
risks and if it considers appropriate and/or prudent, maintain higher limits and/or broader
coverage. The Contractor is not relieved of any liability or other obligations assumed or
pursuant to this Agreement due to its failure to obtain or maintain insurance in sufficient
amounts, duration, or types. The Contractor shall maintain, at its own expense, any additional
kinds or amounts of insurance that it may consider necessary to cover its obligations and liabilities
under this Agreement. Any modification to these requirements must be made in writing by
Weld County.
The Contractor stipulates that it has met the insurance requirements named herein. The
Contractor shall be responsible for the professional quality, technical accuracy, and quantity of
all services provided, the prompt delivery of said services, and the coordination of all services
made by the Contractor and shall, without additional compensation, promptly remedy and
correct any errors, omissions, or other deficiencies.
Indemnity: The Contractor shall defend, indemnify and hold harmless Weld County, its
officers, agents, and employees, from and against injury, loss damage, liability, suits, actions,
or willful acts or omissions of the Contractor, or claims of any type or character arising out of
the work done in fulfillment of the terms of this Agreement or on account of any act, claim or
amount arising or recovered under Workers' Compensation law or arising out of the failure of
the Contractor to conform to any statutes, ordinances, regulation, law or court decree. The
Contractor shall be fully responsible and liable for any and all injuries or damage received or
sustained by any person, persons, or property on account of its performance under this
Agreement or its failure to comply with the provisions of this Agreement, or on account of or in
consequence of neglect of the Contractor in its methods or procedures; or in its provisions of
the materials required herein, or from any claims or amounts arising or recovered under the
Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall
survive expiration or termination hereof. It is agreed that the Contractor will be responsible for
primary loss investigation, defense and judgment costs where this Agreement of indemnity
applies. In consideration of the award of this Agreement, the Contractor agrees to waive all
rights of subrogation against Weld County its associated and/or affiliated entities, successors,
or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising
from the work performed by the Contractor for the County. A failure to comply with this
provision shall result in the County's right to terminate immediately this Agreement.
Types of Insurance: The Contractor shall obtain, and always keep during the term of this
Agreement, insurance in the following kinds and amounts:
Page 4 of 14
Workers' Compensation Insurance as required by state statute, and Employer's Liability
Insurance covering all of the Contractor employees acting within the course and scope of their
employment for this Agreement. Such policy shall contain a waiver of subrogation against the
County. This requirement shall not apply when the Contractor is exempt under Colorado Workers'
Compensation Act., AND when such Contractor executes the appropriate sole proprietor waiver
form.
Commercial General Liability Insurance shall include general liability insurance covering
premises operations, fire damage, independent contractors, bodily injury, property damage,
blanket contractual liability, personal injury, advertising liability and liability assumed under this
Agreement.
$1,000,000 each occurrence;
$1,000,000 general aggregate;
$1,000,000 personal injury, advertising injury; and
$50,000 and 1 fire.
Automobile Liability: T h e Contractor shall maintain limits of $1,000,000 for bodily injury per
person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable
to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and
non -owned vehicles used in the performance of this Agreement.
Professional Liability (Errors and Omissions Liability): The policy shall cover professional
misconduct or lack of ordinary skill for those positions defined in the original Scope of Services
with Intervention, Inc. The Contractor shall maintain limits for all claims covering wrongful acts,
errors and/or omissions, including design errors, if applicable, for damage sustained because
of or in the course of operations under this Agreement resulting from professional services. In
the event that the professional liability insurance required by this Agreement is written on a
claims -made basis, the Contractor warrants that any retroactive date under the policy shall
precede the effective date of this Agreement; and that either continuous coverage will be
maintained or an extended discovery period will be exercised for a period of two (2) years
beginning at the time work under this Agreement is completed.
Minimum Limits:
Per Loss
Aggregate
$ 1,000,000
$ 2,000,000
Proof of Insurance: The County reserves the right to require the Contractor to provide a certificate
of insurance, a policy, or other proof of insurance as required by the County's Risk
Administrator in his or her sole discretion.
Additional Insured: For general liability, the Contractor's insurer shall name Weld County as
an additional insured.
Waiver of Subrogation: For all coverage's, the Contractor's insurer shall waive subrogation
rights against the County.
Subcontractors: All subcontractors, independent contractors, sub -vendors, suppliers or other entities
Page 5 of 14
providing goods or services required by this Agreement shall be subject to all requirements herein
and shall procure and maintain the same coverage required of the Contractor. The Contractor
shall include all such subcontractors, independent contractors, sub -vendors, suppliers or other
entities as insured under its policies or shall ensure that all subcontractors maintain the required
coverage's. The Contractor agrees to provide proof of insurance for all such subcontractors,
independent contractors, sub -vendors, suppliers or other entities upon request by the County. The
Community Corrections Board, the Board of Commissioners of Weld County and its employees,
and State of Colorado shall be named as additionally insured parties under all the Contractor's
liability coverage policies.
R. Access to Medical Services. Policy and procedures of the Contractor shall specifically prohibit any
restriction or constraint of offenders' movement or efforts to attend to their legitimate medical or
dental needs. If a medical emergency occurs, the Contractor shall immediately notify the referring
agency (DOC, Parole Officer or SJB). The Community Corrections Board shall compensate the
Contractor at the full rate the day an offender is placed in a hospital, and at 50% of the regular per
diem rate for up to seven (7) days for holding a bed available during the hospitalization of an
offender, unless the referral agency notifies the Contractor otherwise.
S. Review and Inspection. The Contractor shall allow the State, the Board, the Community
Corrections Board, DOC, SJB, or Health Department employees to audit, inspect, with or without
notice, the facilities, fiscal and program files, other records, and services provided to determine
compliance with this Agreement.
T. Examination of Records. To the extent required by law, the Contractor agrees that any duly
authorized representative of the County, including the County's designated Finance Officer(s),
shall have access to and the right to examine and audit any books, documents, papers and
records of the Contractor, involving all matters and/or transactions related to this Agreement.
The Contractor agrees to maintain these documents for at least three (3) years from the date
of the last payment received.
U. Information Provided. The Contractor shall provide information upon request of the appropriate
DOC/SJB officers or the Board and/or the Community Corrections Board about the activities and
adjustment of offenders assigned to their program. The Contractor shall collect, maintain and
make available to the DOC/SJB/Parole Board or the Board and/or the Community Corrections
Board ongoing data on employment, monitored sobriety, psychological problems and treatment,
vocational or educational needs and services, re -arrest or other criminal activity, and court -
imposed fines and restitution of offenders under supervision by the Contractor. The Contractor
shall make prompt entries of such data into the CCIB computer system, as the State may require.
V. Financial Audit. The Contractor shall provide to the State an independent fiscal audit report, which
addresses the agency's fiscal year(s) relevant to the Agreement period. Such materials shall be
provided to the State as directed or unless a different schedule is established in writing by mutual
agreement of the parties. These requirements may be waived all or in part, by the State, in
accordance with established standards.
W. Notification of Ownership Changes.
1. The Contractor shall notify the Board, Community Corrections Board and the State in
writing within thirty (30) days after becoming aware that a change in its ownership has
Page 6 of 14
occurred, or is certain to occur, that could result in changes to services outlined in this
Agreement. The Contractor shall also notify the Board and the State in writing within thirty
(30) days whenever changes to asset valuations or any other cost changes have occurred,
or are certain to occur, because of a change in ownership.
2. The Contractor shall:
a) Maintain current, correct and complete inventory records of assets and their costs;
b) Provide the Board, the Community Corrections Board or State or designated
representative ready access to the records upon request;
c) Ensure that all individual and grouped assets, their capitalized values, accumulated
depreciation or amortization, and remaining useful lives are identified accurately
before and after each of the Contractor's ownership changes; and
d) Retain and continue to maintain depreciation and amortization schedules based on
the asset records maintained before each subcontractor ownership change.
X. Matters Regarding Facilities.
1. The Board and Contractor acknowledge that it shall be a condition of this Agreement that
the Contractor will fully comply with the Lease Agreement between the Board and the
Contractor to operate its program at the Weld County Community Corrections Facility at
1101 H Street, Greeley, CO 80631 for a period of July 1, 2019 and ending June 30, 2020.
2. Contractor agrees to be bound to the terms of said Lease Agreement and acknowledges
that any violation of the lease provisions, which results in the Board's termination of the
Lease Agreement, may be grounds for the termination of this Agreement.
3. Contractor acknowledges that a new Lease Agreement may be executed with the Board
upon or before June 30, 2019.
Y. Payment of Services.
1) The Board shall compensate the Contractor from proper funds allocated to the Board by
the State, by the schedule in Paragraph 2. A.2., herein subject to compliance with the
provisions of the Agreement.
2) During the period of the Agreement, upon receipt of proper billing from the Contractor, as
provided in paragraph 1.L. herein, payment shall be made in amounts below based on
available State Funds encumbered:
A daily rate of $48.45 per offender, for residential diversion direct sentence placements;
A daily rate of no more than $6.56 per offender, for diversion non-residential placements;
A daily rate of $48.45 per offender, for residential condition of probation placements;
Page 7 of 14
A daily rate of $48.45 per offender for residential transition placements;
A daily rate of $48.45 per offender for residential condition of parole placements;
Up to $100,000 for Offender Correctional Treatment Support Services; and
Up to $121,077.45 for Facility Payments to be disbursed as outlined in the Statewide
Facility Payments Policy by the Division of Criminal Justice, Office of Community
Corrections for SFY 19-20.
3) Reimbursement will not be allowed for the first day of an offender's participation in the
program but shall be allowed for the last day of an offender's participation. The day an
offender transfers from Residential to Non -Residential supervision status, reimbursement
will be made at the residential daily rate, but shall not be made for Non -Residential
expenses. The day an offender transfers from Non -Residential to Residential supervision
status, reimbursement will be made for Non -Residential expenses, but shall not be made
for the Residential daily rate.
4) Contractor shall use no more than three percent (3%) of the total daily rate allocation for
Condition of Probation client placements. These placements are intended for placement in
the Contractor's Intensive Residential Treatment (IRT) program, unless otherwise
approved by the Community Corrections Board and the State.
5) Reimbursement may be allowed for any additional programmatic funding approved by the
Legislature.
6) The Board may transfer up to 10% of funds between certain line items of allocations from
the State as listed in Section 2.A.2 above to ensure full utilization of funds with the
Contractor during any term of this Agreement, and as approved by the Board and the
State.
Z. Payment for Travel. The Board shall reimburse the Contractor at the rate allowed by State Fiscal
Rules, when such travel is requested by the DOC or approved by the State for transporting
offenders. The Contractor agrees that any and all travel to DOC correctional facilities shall be
coordinated by DOC prior to the Contractor being reimbursed. The Contractor shall provide the
Board with travel reports setting forth the date of travel, mileage, destination and offenders
transported. Reimbursement for mileage shall be made from Residential Transition Allocations as
listed in Section 2.A.2 above. Payment shall be made by the trip, not for each individual offender.
AA. Payments for Leave(s) of Absence. The Board shall pay the Contractor for the following leaves of
absence of offenders at the full per diem rate, when authorized and approved by the DOC/Parole
Board or SJB:
1) "Pass or Furlough" based on a privilege to leave the facility to an approved location for up
to forty-eight (48) hours.
2) "Off -grounds leave" for the purpose of conducting a hearing or assessment on the
continuation of the offender in the community corrections program, for a maximum
allowable period of three (3) days.
Page 8 of 14
3) "Emergency Leave" caused by and limited to a serious life -threatening incident in the
offender's immediate family, subject to a maximum period of seven (7) days, to be
reimbursed at 50% of the regular per diem rate.
BB. Noncompliance. The Community Corrections Board and the Board agrees to allow the Contractor
thirty (30) days within which they may correct or justify identified issues, following a notice of
noncompliance, unless there is an immediate risk to public safety. If the identified issues are
unresolved within the thirty (30) day period, action may be taken to withhold payment to the
Contractor until those identified issues are satisfactorily completed; deny payment for those
services or obligations which may not have been performed by the Contractor and which, due to
circumstances caused by the Contractor, cannot be performed, or if performed are of no value to
the Board, the Community Corrections Board or the State. Denial of the amount of payment to the
Contractor shall be reasonably related to the value of work or performance lost to the Board, the
Community Corrections Board or the State.
The Contractor shall not place offenders under its legal control and supervision, its employees,
the Board, the Community Corrections Board, Weld County employees, officials, or
subcontractors or any and all persons doing business with the Contractor, in imminent risk or peril
to public safety.
CC. Limitation of Payments and Liabilities. The Board assumes no liability for any deficiency that the
Contractor may incur either in the operation of its program or for any debts or expenditures
incurred by the Contractor for ensuing fiscal years when funds for that purpose have not been
appropriated or budgeted.
II. GENERAL PROVISIONS:
1. Performance Period. The Agreement shall be effective on July 1, 2019, and extend through
June 30, 2020, contingent upon availability of funds. Unless otherwise terminated to the
terms of this Agreement.
2. Assignment. The rights and duties arising under this Agreement shall not be assigned or
delegated without the prior written consent of the Board and the Community Corrections
Board.
3. Breach. A breach of this Agreement shall not be deemed to be a waiver of any subsequent
breach or default of the Agreement.
4. Third Party Beneficiary & Conflict of Interest. 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 Board and the Contractor. Nothing
contained in this Agreement shall give or allow any claim or right of action whatsoever by
any other or third person; otherwise, it is the express intent of the parties to this Agreement
that any such person or entity receiving services or benefits under this Agreement shall be
considered an incidental beneficiary only. The Contractor shall not engage in any
transaction, activity or conduct that would result in a conflict of interest under this
Agreement. The Contractor represents that it has disclosed any and all current or potential
Page 9 of 14
conflicts of interest. A conflict of interest shall include transactions, activities, or conduct
that would affect the judgment, actions or work of the Contractor by the Contractor's own
interests, the interests of any principal of the Contractor or the interests of any party with
whom the Contractor has a contractual arrangement, in conflict with those of Weld County
government. The Board, in its sole discretion, shall determine the existence of a conflict of
interest, which shall be deemed a material breach or default of this Agreement and may be
causing to terminate this Agreement in the event such a conflict exists after it has given the
Contractor notice, in writing or orally, which describes the conflict. The Contractor shall be
given a time, as specified by the Board or designee, to eliminate or cure the conflict of
interest in a manner that is acceptable to the Board or designee.
5. Governmental Immunity. Notwithstanding any other provision of this Agreement to the
contrary, no term or condition of this Agreement shall be construed or interpreted as
express or implied, of any of the immunities, rights, benefits, protection, or other provision
of the Colorado Governmental Immunity Act, Section §24-10-101, et. seq. CRS, as now or
hereafter amended. The parties understand and agree that liability for claims for injuries to
persons or property arising out of negligence of the State of Colorado, its departments,
institutions, agencies, boards, officials and employees is controlled and limited by the
provisions of Section §24-10-1-101, et. seq., CRS, as now or hereafter amended and the
risk management statutes, Section §24-30-1501, et. seq., CRS, as now or hereafter
amended.
6. Termination. Either party may terminate this Agreement by giving ninety (90) days' notice
in writing, delivered by certified or electronic mail, return receipt requested, to the other
party at the above address, or delivered by personal services upon the party. If notice is so
given, this Agreement shall terminate on the expiration of the ninety (90) days, and the
liability for the parties hereunder for the further performance of the terms of this Agreement
shall thereupon cease, but the parties shall not be relieved of the duty to perform their
obligation up to the date of termination.
7 Upon Receipt of Notice of Termination for Convenience. The Contractor shall incur no
further obligations in connection with the Agreement. The Contractor will be reimbursed for
reasonable costs allocable to the Agreement performance. Incorporation of terms of
Request for Proposal and Response from Contractor - The parties hereby incorporate by
reference the Request for Proposal and all attachments hereto, the Contractors proposal
subsequent correspondence, and contract agreements.
8. Entire Understanding. This Agreement is intended as the complete integration of all
understanding between the parties. No prior or contemporaneous addition, deletion, or
other amendment hereto shall have any force or affect whatsoever, unless embodied
herein in writing. No subsequent novation, renewal, addition, deletion or other amendment
hereto shall have any force or effect unless embodied in a written agreement executed and
approved per the State of Colorado fiscal rules.
9. Non -Discrimination. The Contractor agrees to comply with the letter and spirit of all
applicable state and federal laws respecting discrimination and unfair employment
practices.
Page 10 of 14
10. Software Piracy Prohibition. No State or other public funds payable under this Agreement
shall be used for the acquisition, operation, or maintenance of computer software in
violation of United States copyright laws or applicable licensing restrictions. The Contractor
hereby certifies that, for the term of this Agreement and any extensions, the Contractor has
in place proper systems and controls to prevent such improper use of public funds.
11. Public Contracts for Services C.R.S. §8-17.5-101. The Contractor certifies, warrants, and
agrees that it does not knowingly employ or contract with an illegal alien who will perform
work under this Agreement. The Contractor will confirm the employment eligibility of all
employees who are newly hired for employment in the United States to perform work under
this Agreement, through participation in the E -Verify program or the State of Colorado
program established pursuant to C.R.S.§8-17.5-102(5)(c). The Contractor shall not
knowingly employ or contract with an illegal alien to perform work under this Agreement.
The Contractor shall not use the E -Verify Program or State of Colorado program
procedures to undertake pre -employment screening or job applicants while this Agreement
is being performed. If the Contractor obtains actual knowledge that a subcontractor
performing work under the public contract for services knowingly employs or contracts with
an illegal alien the Contractor shall notify the subcontractor and the County within three (3)
days that the Contractor has actual knowledge that a subcontractor is employing or
contracting with an illegal alien and shall terminate the subcontract if a subcontractor does
not stop employing or contracting with the illegal alien within three (3) days of receiving
notice. The Contractor shall not terminate the contract if within three (3) days the
subcontractor provides information to establish that the subcontractor has not knowingly
employed or contracted with an illegal alien. The Contractor shall comply with reasonable
requests made in the course of an investigation, undertaken pursuant to C.R.S. §817.5-
102(5), by the Colorado Department of Labor and Employment. If the Contractor takes part
in the State of Colorado program, the Contractor shall, within twenty (20) days after hiring a
new employee to perform work under the contract, affirm that the Contractor has examined
the legal work status of such employee, retained file copies of the documents, and not
altered or falsified the identification documents for such employees. The Contractor shall
deliver to the County, a written notarized affirmation that it has examined the legal work
status of such employee and shall follow all the other requirements of the State of
Colorado program. If the Contractor does not comply with any requirement of this provision
or of C.R.S. §8-17.5-101 et seq., the County, may terminate this Agreement for breach,
and if so terminated, the Contractor shall be liable for actual and consequential damages.
Except where exempted by federal law and except as provided in C.R.S. §24-76.5 103(3),
if the Contractor receives federal or state funds under the contract, the Contractor must
confirm that any individual natural person eighteen (18) years of age or older is lawfully
present in the United States pursuant to C.R.S. §24-76.5-103(4), if such individual applies
for public benefits provided under the contract. If the Contractor operates as a sole
proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the
United States or is otherwise lawfully present in the United States pursuant to federal law,
(b) shall produce one of the forms of identification required by C.R.S. §24-76.5-101, et
seq., and (c) shall produce one of the forms of identification required by C.R.S. §24 76.5-
103 prior to the effective date of the contract.
12. Termination of Agreement. This Agreement may be terminated for default if the Contractor
Page 11of14
substantially fails to satisfy or perform the duties and obligations to correct or take
reasonable steps to correct deficiencies in this Agreement. The Board/Community
Corrections Board shall supply written notice to the Contractor of the Board's intent to
invoke the termination provisions of the Agreement, tell the reasons for such action and
reference the previous request to correct the deficiencies. Contractor will be provided up to
ninety (90) days from receipt of written notice of intent to terminate the Agreement for
default to correct deficiencies to the satisfaction of the Community Corrections Board and
the Board. If the Contractor does not correct deficiencies within this time, the Board may
declare the Agreement terminated.
13. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable, this Agreement shall be construed and enforced without such provision, to
the extent that this Agreement is then capable of execution within the original intent of the
parties.
14. Funding Contingency. No part of this Agreement shall be considered to create an
obligation on the part of the Board or Community Corrections Board to expend funds not
otherwise appropriated or budgeted for.
15. Controlling Law: This Agreement shall be construed and enforced in accordance with the
laws of the State of Colorado.
16. No Waiver of Immunity: No part 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 part
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.
17. Subcontractors. The Contractor acknowledges that the County has entered into this
Agreement in reliance upon the particular reputation and expertise of the Contractor.
The Contractor shall not enter into any subcontractor agreements for the completion of
this work without the County's prior written consent, which may be withheld in the
County's sole discretion.
18. Confidentiality. As applicable, any confidential financial information of the Contractor
should be transmitted separately from the main bid submittal, clearly denoting in red on
the financial information at the top the word, "CONFIDENTIAL." However, the
Contractor is told that as a public entity, Weld County must follow the provisions of
C.R.S. §24-72-201, et seq., regarding public records and cannot guarantee the
confidentiality of all documents. The Contractor agrees to keep confidential all of
County's confidential information. The Contractor agrees not to sell, assign, distribute,
or disclose any such confidential information to any other person or entity without
seeking written permission from the County. The Contractor agrees to advise its
employees, agents, and consultants, of the confidential and proprietary nature of this
confidential information and of the restrictions imposed by this Agreement. The
Contractor shall safeguard Personally Identifiable Information (PII) including, without
limitation, any information maintained by the State or County about an individual that
can be used to distinguish or trace an individual's identity, such as name, social security
number, date and place of birth, mothers maiden name, or biometric records; and any
Page 12 of 14
other information that is linked or linkable to an individual, such as medical, educational,
financial, and employment information. PII includes, but it not limited to, all information
defined as personally identifiable information in §§24-72-501 and 24-73-101, C.R.S.
Further, shall safeguard any protected health information (PHI) without limitation any
information whether oral or recorded in any form or medium: 1) that relates to the past,
present or future physical or mental condition of an individual; the provision of health
care to an individual; or the past, present or future payment for the provision of health
care to an individual; and 2) that identifies the individual or with respect to which there is
a reasonable basis to believe the information can be used to identify the individual. PHI
include, but is not limited to, any information defined as Individually Identifiable Health
Information by the federal Health Insurance Portability and Accountability Act.
19. Employee Conflict of Interest — C.R.S. §24-18-201 et seq. and §24-50-507.The
signatories to this Agreement aver that to their knowledge, no employee of Weld
County has any personal or beneficial interest whatsoever in the service or property
which is the subject matter of this Agreement. The County has no interest and shall not
acquire any interest direct or indirect, that would in any manner or degree interfere with
the performance of the Contractor's services and the Contractor shall not employ any
person having such known interests. During the term of this Agreement, the Contractor
shall not engage in any business or personal activities or practices or maintain any
relationships which conflicts with or in any way appear to conflict with the full
performance of its obligations under this Agreement. Failure by the Contractor to
ensure compliance with this provision may result, in the County's sole discretion, to
immediately terminate this Agreement. No employee of the Contractor nor any member
of the Contractor's family shall serve on a Weld County Board, committee or hold any
such position which either by rule, practice or action nominates, recommends,
supervises the Contractor's operations, or authorizes funding to the Contractor for this
Agreement.
20. Interruptions. Neither party to this Agreement shall be liable to the other for delays in
delivery or failure to deliver or otherwise to perform any obligation under this
Agreement, where such failure is due to any cause beyond its reasonable control,
including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or
governmental actions.
21. Compliance with Law. The Contractor shall strictly comply with all applicable federal
and state laws, rules and regulations in effect or hereafter established, including without
limitation, laws applicable to discrimination and unfair employment practices.
Page 13 of 14
THE PARTIES HEREUNTO HAVE EXECUTED THIS AGREEMENT:
ATTEST: ��, ,e1 BOARD OF COUNTY COMMISSIONERS
Weld County a to a Board''" • WELD COUNTY, COLORADO
By:
Deputy Clerk . the = . a
Board of Commissioners,
County of Weld
Approved As To n • ' g.
Z
Controller
Approved As To Form:
County Attorney
INTERVENTION, IN
By:
Bv:
Barbara Kirkm = er, Chair
Approved As To Substance:
Department
elly Se; ' = rger, President
JUN 24201
SUBSCRI : AND SWORN to before me this 1,41day of June. Aoiq
WITNESS my hand and official seal.
Notary Public
My commission expires: /O/02/1
VALERIE AUCCJULLI
NOTARY PUBLIC - STATE OF COLORADO
NOTARY ID 20104035864
MY COAAMISSION EXPIRES OCT 21, 2022
Page 14 of 14
,,q— 02,56
Hello