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HomeMy WebLinkAbout20222664.tiffBOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Consider Amendment Agreement for Certain Electronic Home Monitoring Equipment and Services and Authorize Placement on a Future Consent Agenda DEPARTMENT: Justice Services DATE: August 26, 2024 PERSON REQUESTING: Doug Erler Brief description of the problem/issue: On July 22, 2024, during a Work Session, the Board was updated on Weld County's current contract with companies, BI, Inc. and The GEO Group for electronic home monitoring equipment and services. The current Agreement, renewed as of January 1, 2024, includes one renewal option for 2025. The Agreement is divided into two parts: 1. BI, Inc. - Provides leased GPS equipment for the department's Work Release program, funded by the county. 2. The GEO Group — Is authorized to operate a separate Electronic Monitoring In -Home Detention program through their Greeley field services office, which is self -funded by offenders ordered by the Courts. The GEO Group performs virtually all day-to-day services, while our department oversees the program. Issue: The GEO Group has raised concerns about unpaid fees, collection issues, and the operational costs associated with lost electronic monitoring equipment for the "offender funded" segment of the Agreement. Additionally, there is concern about non -contractual support services for the department's Pretrial Services program defendant population of which many are ordered by the Courts to certain electronic monitoring. What options exist for the Board? The following Options were discussed with the Board. Option A: In -House Model Terminate the current Agreement. Establish an in-house model by adding three FTEs to manage electronic monitoring equipment, conduct installations and de -installations, handle daily case management, and provide "24/7/365" alert management. This would involve maintaining only the equipment lease with El, Inc., and ending the Agreement with The GEO Group. Option B: Hybrid Model Modify the existing Agreement to create a hybrid approach. This would involve paying a daily base fee per offender for the Electronic In -Home Detention program and add -in Pretrial Services supervision for defendants ordered by the Courts as part of their pretrial release, thereby reducing operational costs for the Greeley GEO office while minimizing the impact on Weld County and the 19th Judicial District Courts. Consequences: Option A: Although the cost is higher, it offers greater stability in the delivery of electronic home monitoring services. It would involve retaining only the equipment lease portion with BI, Inc. and eliminating services provided by The GEO Group, mostly likely leading to the closure of their Greeley field office. Option B: This less expensive option offers a more conservative approach, allowing for stabilization of services while maintaining some level of external support. However, it would result in less control over service delivery and decision -making. Impacts: Option A: Retaining the equipment lease with BI, Inc. while discontinuing The GEO Group's services may lead to the latter's closure of their Greeley office and a potential reduction in service capacity. C unstn+ YgendcCc: ,1S C 9/4/Z4 9/4/244.p O. 2022- 2cocoLI- iSoOO$ Option B: This option provides a balance between cost and service stability, allowing both Weld County and The GEO Group to stabilize (their local) operations while ensuring continuity of electronic monitoring services essential for public safety and Court functions. Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): The Board approved Option B during the Work Session, guiding the department to collaborate with the County Attorney's Office and Finance to review/modify the current Agreement and determine costs for the remainder of 2024 and for the 2025 budget. For 2025, the section in the budget would be capped at $312,350. For the remaining four months of 2024, the adjusted cost would be approximately $104,000. Following the Work Session, the department worked with these vendors and the County Attorney's Office to draft an Amendment Agreement consistent with the Board's discussions. Recommendation: APPROVE the Amendment Agreement (and support document) and authorize for placement on a future Consent Agenda and authorize the Chair to sign; thus, allowing the department and Finance to make the necessary budget adjustments. Thank you. Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: Perry L. Buck, Pro-Tem Mike Freeman 1 Scott K. James Kevin D. Ross , Chair Lori Saine / L CONSENT AGENDA ITEM To: Board of County Commissioners From: Doug Erler, Director ,(j Re: Justice Services Department 901 10th Avenue P.O. Box 758 Greeley, CO 80632 Phone: (970) 336-7227 Consider Amendment Agreement Between Weld County and B.I, Incorporated, A GEO Group Company for Electronic Monitoring Equipment and Offender Supervision Services Date: September 4, 2024 On July 22, 2024, during a Work Session, the Board received an update on the current Agreement with these companies for electronic home monitoring and services. Following a Pass Around review by the Board on August 28, 2024, the Board approved moving this item to a future Consent Agenda. Please note, the County Attorney's Office and Finance Department have reviewed and endorsed this Amendment Agreement. The Department also recommends that the Board approve this new Amendment Agreement and authorize the Chair to sign. Thank you. AGREEMENT AMENDMENT BETWEEN WELD COUNTY AND B.I. INCORPORATED, A GEO GROUP COMPANY, FOR ELECTRONIC MONITORING EQUIPMENT & OFFENDER SUPERVISION SERVICES This Agreement Amendment is made and entered into the ay of September 2024 by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Justice Services, hereinafter referred to as the "Department," and B.I. Incorporated, a GEO Group Company, hereinafter referred to as the "Contractor." WHEREAS the parties entered into an agreement on December 27, 2022 (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No. #2022-2664, approved on December 27, 2022. Additionally, the parties renewed the Original Agreement when they entered into a renewal agreement on December 27, 2023 (the "Renewal Agreement"). The Original Agreement, as modified by the Renewal Agreement, sets forth the entire agreement between the parties (the "Agreement"). WHEREAS the parties hereby agree to amend certain terms of the Agreement in accordance with its terms. NOW THEREFORE, in consideration of the premises and other good and valuable consideration, the parties hereto covenant and agree as follows: 1. Term. The Agreement expiration date was December 31, 2024, prior to execution of this Agreement Amendment. The parties agree to extend the Agreement for an additional year, which will end on December 31, 2025. 2. Pretrial Services, as described in this section, are hereby added to the Agreement. The Contractor shall assist in the monitoring of defendants ordered to pretrial supervision by a Court of the 19th Judicial District for Colorado. To meet the support requirements for this program the Contractor shall: a. Provide equipment installation at the Contractor's office in Greeley during agreed upon office hours, detailing equipment agreements, gathering defendant contact information and providing operating instructions made available in English and Spanish languages. b. Perform system entry of parameters of defendant monitoring pursuant to detailed instructions from Weld County Pretrial Services, which may include setting curfews (clearly identifying approved times outside the identified residence), exclusion zone(s) and randomized remote alcohol/breath sample testing frequencies. c. Maintain and troubleshoot equipment for monitoring and respond to alerts that may interfere with defendant monitoring that may include power loss, uncharged batteries or download failures of devices by contacting defendants to take corrective action and in coordination with Weld County Pretrial Services personnel. Page 1 of 3 d. Notify Weld County Pretrial Services within four (4) business hours via email or phone call of defendant monitoring violations. Violations are any one or more of the following: (i) the unauthorized removal of monitoring equipment; (ii) depletion of power source for the equipment; (iii) failure of the monitoring equipment to upload to the host computer; (iv) entry into exclusion zones; and (v) late and/or positive alcohol breath sample or transdermal test results. The Contractor shall provide reasonable afterhours notification to Weld County Pretrial Services for defendants identified in writing by Weld County Pretrial Services as requiring such notification. e. Provide monitoring equipment with geographic range that must include throughout the United States, to include Alaska, Hawaii, and Puerto Rico. f. Provide staffing patterns for intermittent installations/de-installations, equipment maintenance, and monitoring of defendants' compliance and reporting of violations as described above. g. Prepare detailed written reports to Weld County Pretrial Services of alleged violations. Reports should be clear and concise so that Weld County Pretrial Services can easily interpret and report to judicial officials, as needed. 3. The section entitled, "Flexible Pricing Options," set forth in Exhibit B to the Agreement is hereby amended as set forth in the version attached to this Amendment Agreement. Capitalized terms used herein but not defined shall have the meaning given to them in the Agreement. Except as specifically set forth herein, all other terms and conditions of the Agreement remain unchanged. SIGNATURE PAGE FOLLOWS Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have duly executed this Amendment Agreement as of the day, month, and year first above written. CONTRACTOR: Name: B.I. lncorgorated, A GEO Group Compan Address: 4955 Technology Was Boca Raton, FL 33431 By: Signature Authority Name: Derrick D. Schofield, Ph.D Title: Executive Vice President Date: 08/29/2024 WELD COUNTY: U COFU TY1, CIO[ ORADO Kevin D. Ross, Chair DATE: SEP 0 4 2024 BY: Deputy Clerk to the Board Approved as to Substance: thq V Depa Approved as to Funding: av4 ifidtpui Chief Financial Officer/Controller Approved as to Form: NOW' C4.,1A.4 County Attorney Page 3 of 3 a.I2a -a� WELD Justice Services RFP Number: B2200112 September 14, 2022 Weld County Electronic Monitoring Equipment and Offender Supervision Services Amended Flexible Pricing Options To accommodate the Work Release, EHM. and Pretrial services programs, BI has provided three separate pricing matrices for proposed equipment and monitoring solutions. These matrices evidence BI's ability to provide the most flexible options in program design and operations. BI understands that as the County's programs evolve and expand, the awarded vendor will need to adapt to changing County objectives. challenges, and mandates. BI has provided a variety of options and integrated supervision solutions that provide program flexibility. As evidenced throughout this proposal, BI understands the evolving nature of the County's programs, and we have provided pricing for a variety of electronic monitoring, case management, compliance reporting, and treatment solutions. Work Release Program Pricing Work Release Pricing and Operational Flexibility Proposal clarity, understanding of equipment and services required, and proposal demonstrates understanding of Weld County's desire for pricing and operational flexibility. Vendor has complete pricing of equipment and services, lost/damage and allowable inactive units. The Work Release program will be entirely County -funded and includes a continuum of electronic monitoring solutions supported by BI's national Monitoring Operations center and staff based in our Boulder, Colorado Corporate Headquarters. In accordance with RFP specifications, BI understands that the County will maintain responsibility for the following aspects of the Work Release program: • Maintaining spare equipment inventory levels • Conducting all compliance reporting activities • Providing all aspects of case management activities • Reviewing offender compliance data through TotalAccess • Performing offender orientation and enrollment • Performing all data entry and case file management Flexible Equipment Options BI 's continuum of solutions provides the County with a variety of equipment and service plans to optimally monitor clients based on their unique risk -level and needs. BI will be available on a 24/7/365 to support the County in successfully completing the above tasks. via toll free phone support through Monitoring Operations. In addition, the proximity of BI's corporate headquarters provides us with the unique advantage of quickly responding to onsite training. program management, and other requests. BI prices are all inclusive of equipment maintenance. product shipping and delivery, 24/7 support. training, account management and support. implementation. and transition costs. The daily rate for BI GPS devices is inclusive of costs associated with normal operational functions, including RF beacons. Table 1. Work Release Program Pricing Solution Type BI Equipment Daily Rate per Client GPS Configurable Service Plan through TotalAccess Alcohol Breath and Transdermal Monitoring BI LOC8 or LOC8XT BI TAD - Cellular BI TAD - Landline BI SL2 or SL3 $3.00 $6.65 $5.50 $5.45 111111111111 bi.com I 6265 Gunbarrel Avenue, Suite B, Boulder, CO 80301 303.218.1000 1 WELD Justice Services Weld County RFP Number: B2200112 September 14, 2022 Electronic Monitoring Equipment and Offender Supervision Services Table 1. Work Release Program Pricing Solution Type BI Equipment Daily Rate per Client RF Curfew Monitoring FBI HomeGuard 20120 - Cellular SmartLINK Pricing Options $2.75 Please refer to the SmartLINK Overview found in the Error! Reference source not found. Section for detailed information on the various features associated with each SmartLINK program. BI SmartLINK can be used for individuals monitored by other BI technologies. such as the TAD; alternatively, agency personnel can assign clients to SmartLINK monitoring without any other technologies. The costs for each of these options vary, as detailed below. Table 2. SmartLlNK Application Pricing SmartLINK Program Price per client, per day With B1 Technologies SmartLINK Only SmartLINK Connect Included at No Cost $0.25 SmartLINK Report $0.25 $0.50 SmartLINK Verify $0.50 $0.75 15 Video Conferencing minutes maximum duration $0.35 L per event $0.35 per event Equipment Allowances and Replacement Costs BI will provide the County's Work Release program with a 20% spare allowance and a 5% lost and damaged a lowance. Should the County exceed this 5% allowance, the agency will be charged as detailed in the table below. Table 3. Equipment Replacement Costs Equipment Replacement Cost BI LOC8 or LOC8 XT Transmitter $1,320.00 BI LOC8 or LOC8 XT Beacon $250.00 BI HomeGuard 20120 Cellular $1,775.00 BI TAD Cellular $1,500.00 BI TAD Landline $1,250.00 SL2 or SL3 $830.00 Accounting and Billing Processes BI's Customer Business Services department will oversee all accounting and billing processes. Specific information about billing for the County's programs includes: • The County will receive a detailed invoice at the end of each month detailing the expenses incurred specific to the Work Release program. The invoice will include: The invoice number, the date the invoice was issued, and the date payment is due bi.com i 6265 Gunbarrel Avenue, Suite B, Boulder, CO 80301 I 303.218.1000 2 WELD Justice Services RFP Number: B2200112 I September 14, 2022 Weld County Electronic Monitoring Equipment and Offender Supervision Services The quantity of equipment used, as well as the type/service type and associated daily rate The extended price of all equipment and services The total amount due In -Home Detention Program Pricing Proposal clarity, understanding of program services required, and proposal demonstrates understanding of Weld County's desire for pricing and operational flexibility. Vendor has complete pricing of equipment and services. Vendor has strategy for fee collection from clients. The EHM case management program is offender funded. The offender -funded program model is highly cost effective and saves the County valuable resources and funds. BI will be responsible for all administrative duties and case management tasks associated with this program. Local BI staff will be responsible for the following case management activities: In -Home Detention Pricing and Operational Flexibility • Program enrollment, intake, and orientation • Equipment installation • Data entry and schedule management. including employment verification • Regularin-person office visits at BI locations throughout the state • Compliance and outcome reporting • Inventory management • Implementing intermediate sanctions when appropriate • Concucting residence verifications to deter potential absconders/escapees • Equipment retrieval. removal, and de -installation • Maintaining ongoing communications with Court, Jail, Sheriff, and other County personnel • Proactively contacting offenders to encourage compliance • Developing, updating, and distributing program related materials to offenders • Initia and ongoing drug testing • Offender fee collection • 24 -hour alert response and interpretation BI will be available on a 24/7/365 to support the local BI staff in successfully completing the above tasks, via a toll -free phone support through Monitoring Operations. In addition. the proximity of BI's corporate headquarters to Weld County provides us with the unique advantage of quickly responding to onsite training, program management, and other requests from local staff. Table 4. In -Home Detention Program Pricing Solution Type GPS Configurabie Service Plan through TotalAccess Radio Frequency Cellular Curfew Monitoring BI Equipment BILOC8 or LOC8XT BI HomeGuard 2020 BI TAD — Landline Daily Client Rate $14.00 $14.00 $11.00 WWII= bi.com I 6265 Gunbarrel Avenue, Suite B. Boulder, CO 80301 303.218.1000 3 WELD Justice Services Weld County RFP Number: B2200112 September 14, 2022 Electronic Monitoring Equipment and Offender Supervision Services Table 4. In -Home Detention Program Pricing Solution Type BI Equipment Daily Client Rate Alcohol Breath and Transdermal Monitoring Orientation/Intake Drug Testing Monitored Urinalysis Client Application Sliding Fee Scale BI TAD - Cellular BI TAD with Curfew Monitoring BI SL3 BI SL3 and GPS device Enrollment Fee Baseline Urinalysis Urinalysis BI SmartLINK $14.00 $16.00 $13.00 $18.00 $75.00 (one-time fee) No Charge $18.00 (per occurrence) $1.00 BI understands the importance of accommodating clients of all socio-economic backgrounds and is prepared to offer qualifying clients different rates based on their hourly wage or ability to pay. BI has developed this scale through our vast experience managing similar programs. During client enrollment, a BI Case Manager will determine the client's ability to pay and agree to daily rates for services. Inventory Management In -Home Detention staff will maintain appropriate spare levels to ensure that all orientations and enrollments are successfully completed. The County will not be charged for spares associated with the In - Home Detention program. In addition, BI understands that the Offender -Funded Electronic Monitoring In - Home Detention program vendor is responsible for costs associated with equipment maintenance and equipment that is lost or damaged by In -Home Detention clients, and the County will not be charged. Accounting and Billing Processes BI's Customer Business Services department will oversee all accounting and billing processes. Specific information about billing for the County's programs includes: • BI will collect fees from offenders enrolled in the In -Home Detention program at regularly occurring office visits. BI accepts all forms of payments from clients, including cash, check, money order, and credit card Bl's current contract with the County prohibits the contractor from citing an intermediate infraction due to non-payment. • The amount charged to the client, the amount paid by the client, and the amount owed by the client will be reported to the County on a monthly basis. /N//N//Nl bi.com 6265 Gunbarrel Avenue, Suite B, Boulder, CO 80301 303.218.1000 4 WELD Justice Services RFP Number: B2200112 September 14, 2022 Weld County Electronic Monitoring Equipment and Offender Supervision Services Pretrial Services Program Pricing Proposal clarity, understanding of program services required, and proposal demonstrates understanding of Weld County's desire for pricing and operational flexibility. Vendor has complete pricing of equipment and services. Vendor has strategy for fee collection from clients. The Pretrial Services program is offender funded. The offender -funded program model is highly cost effective and saves the County valuable resources and funds. BI will be responsible for all administrative duties and case management tasks associated with this program. Local BI staff will be responsible for the following case management activities: Pretrial Services Pricing and Operational Flexibility • Provide equipment installation at the Contractor's office in Greeley during agreed upon office hours. detailing equipment agreements. gathering defendant contact information and providing operating instructions made available in English and Spanish languages. • Perform system entry of parameters of defendant monitoring pursuant to detailed instructions from Weld County Pretrial Services, which may include setting curfews (clearly identifying approved times outside the identified residence), exclusion zone(s) and randomized remote alcohol/breath sample testing frequencies. • Maintain and troubleshoot equipment for monitoring and respond to alerts that may interfere with defendant monitoring that may include power loss. uncharged batteries or download failures of devices by contacting defendants to take corrective action and in coordination with Weld County Pretrial Services personnel. • Notify Weld County Pretrial Services within four (4) business hours via email or phone call of defendant monitoring violations. Violations are any one or more of the following: (i) the unauthorized removal of monitoring equipment; (ii) depletion of power source for the equipment; (iii) failure of the monitoring equipment to upload to the host computer; (iv) entry into exclusion zones and (v) late and/or positive alcohol breath sample or transdermal test results. The Contractor shall provide reasonable afterhours notification to Weld County Pretrial Services for defendants identified in writing by Weld County Pretrial Services as requiring such notification. • Provide monitoring equipment with geographic range that must include throughout the United States, to include Alaska, Hawaii, and Puerto Rico. • Provide staffing patterns for intermittent installations/de-installations, equipment maintenance. and monitoring of defendants' compliance and reporting of violations as described above. • Prepare detailed written reports to Weld County Pretrial Services of alleged violations. Reports should be clear and concise so that Weld County Pretrial Services can easily interpret and report to judicial officials, as needed. • BI will be available on a 24/7/365 to support the local BI staff in successfully completing the above tasks, via a toll -free phone support through Monitoring Operations. In addition, the proximity of BI's corporate headquarters to Weld County provides us with the unique advantage of quickly responding to onsite training, program management. and other requests from local staff. bi.com I 6265 Gunbarrel Avenue. Suite B, Boulder, CO 80301 303.218.1000 5 WELD Justice Services Weld County RFP Number: B2200112 I September 14. 2022 Electronic Monitoring Equipment and Offender Supervision Services Table 5. Pretrial Services Program Pricing Solution Type BI Equipment Daily Client Rate GPS Configurable Service Plan through TotalAccess Alcohol Breath and Transdermal Monitoring Orientation/Intake Inventory Management BILOC8 or LOC8XT BI TAD — Landline BI TAD - Cellular BI SL3 Enrollment Fee $14.00 $14.00 $14.00 $14.00 $75.00 (one-time fee) Pretrial Services program staff will maintain appropriate spare levels to ensure that all orientations and enrollments are successfully completed. The County will not be charged for spares associated with the Pretrial Services program. In addition, BI understands that the Offender -Funded Electronic Monitoring Pretrial Services program vendor is responsible for costs associated with equipment maintenance and equipment that is lost or damaged by Pretrial Services clients, and the County will not be charged. Accounting and Billing Processes BI's Customer Business Services department will oversee all accounting and billing processes. Specific information about billing for the County's programs includes: • BI will collect fees from offenders enrolled in the Pretrial Services program at regularly occurring office visits. BI accepts all forms of payments from clients, including cash, check, money order. and credit card. BI's current contract with the County prohibits the contractor from citing an intermediate infraction due to non-payment. • BI shall submit to the Department. by no later than the 10th day of the month. a separate and accurate invoice for the preceding month of the list of court -ordered participants to the Pretrial Services program on Department provided Agency Pay Vouchers. The Department, upon review, shall remit payment to the Contractor forthwith. In -Home Detention and Pretrial Services - Monitoring Rate and Credits BI Electronic Monitoring Equipment Pricing for In -Home Detention and Pretrial Services Programs Weld County will pay Contractor a $5.00 per day rate for each electronic monitoring device assigned to a client and used by the Contractor for the "Offender -Funded" Electronic Monitoring In -Home Detention program or the Department's Pretrial Services program. 111111111111 bi.com I 6265 Gunbarrel Avenue, Suite B, Boulder, CO 80301 303.218.1000 WELD Justice Services RFP Number: B2200112 September 14, 2022 Weld County Electronic Monitoring Equipment and Offender Supervision Services Credit Each month Weld County shall be entitled to receive a credit based on the preceding month's collection actuals, provided, however, that such credit shall only be available if Contractor's collections directly from program participants for the "Offender -Funded" Electronic Monitoring In -Home Detention program and the Department's Pretrial Services supervision program exceeds 65%. The credit shall be 90% of the total dollar amount collected by the Contractor directly from program participants above the threshold of a 65% collection rate by the Contractor directly from program participants for the "Offender -Funded" Electronic Monitoring In -Home Detention program and the Department's Pretrial Services supervision program. No credit shall be provided for amounts collected below the threshold of 65% nor shall a credit be provided based on collections by the Contractor directly from the Department for court -ordered participants on Department provided Agency Pay Vouchers. Invoices The Contractor shall submit to the Department. by no later than the 10th day of the month. separate and accurate invoices for the preceding month of the list of court -ordered participants to these programs utilizing ass gned electronic monitoring equipment. Such invoices shall include any credit accrued during the preceding month in accordance with the Credit section. The Department, upon review, shall remit payment to the Contractor forthwith. Lost and Damaged Equipment Contractor shall not charge Weld County for any lost or damaged electronic monitoring equipment assigned to participants to the "Offender -Funded" Electronic Monitoring In -Home Detention program or Pretrial Services program. 111111111111 bi.com 6265 Gunbarrel Avenue, Suite B, Boulder, CO 80301 303.218.1000 7 AMENDMENT #1 TO AGREEMENT FOR ELECTRONIC MONITORING EQUIPMENT AND OFFENDER SUPERVISION SERVICES (BID #62200112) - B.I. INCORPORATED, A GEO GROUP COMPANY APPROVED AS TO SUBSTANCE: Department F(e d, or Elected Official APPROVED AS TO FUNDING: edumg Chief Financial Officer, or Controller APPROVED AS TO FORM: illeti6tord Grim* Deputy County Attorney BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: DEPARTMENT: PERSON REQUESTING: Consider Renewal Agreement Between Weld County and BI, Inc., a GEO Group Company Justice Services DATE: December 18, 2023 Doug Erler Brief description of the problem/issue: Pursuant to original Bid #B2200112, awarded by the Board to BI, Inc., a GEO Group Company, the enclosed Renewal Agreement between the parties outlines continued provisions to provide leased use of certain electronic monitoring equipment at the Work Release Facility and further authorizes separate alternative sentencing services of offenders in the community, in lieu of traditional jail sentences, and as lawfully sentenced by the Court(s). For the latter services, the Department provides day to day oversight of these contractors. What options exist for the Board? Option 1. Approve for placement on a future Board Hearing meeting agenda, as a Consent Agenda item and authorize Chair to sign. Option 2. Work Session. Recommendation: Option 1. Finance and the County Attorney's office has reviewed this Renewal Agreement and agrees with the recommendation by the Department to renew for calendar year, 2024. Consultation was also done with the department's Commissioner Coordinator (Buck). The use of electronic monitoring equipment by the department at its Work Release facility site, and the delivery of a separate alternative sentencing program that also utilizes electronic monitoring technologies, are long standing and successful practices in the monitoring of various adult offenders and assures for their greater accountably in the community and for the overall safety of citizens. Both are proven approaches that produce costs avoidance and savings to Weld County. Thank you for your consideration. Perry L. Buck, Pro -Tern Mike Freeman, Chair Scott K. James Kevin D. Ross Lori Saine conesil+ ds2,-- 12.2-7/2s Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: Je (D9 2oZ2- 2A01e4 13 6b0?S Justice Services Department 901 10th Avenue P.O. Box 758 Greeley, CO 80632 Phone: (970) 336-7227 Fax: (970) 392-4677 CONSENT AGENDA ITEM To: Board of County Commissioners From: Doug Erler, Director Re: Consider Renewal Agreement Between Weld County and BI, Inc., a GEO Group Company, and Authorize Chair to Sign Date: December 27, 2023 Pursuant to original Bid #B2200112, awarded by the Board to BI, Inc., a GEO Group Company, the enclosed Renewal Agreement between the parties outlines continued provisions to provide leased use of certain electronic monitoring equipment at the Work Release Facility and further authorizes separate alternative sentencing services of offenders in the community, in lieu of traditional jail sentences, and as lawfully sentenced by the Court(s). For the latter services described, the Justice Services Department provides day to day oversight of these Contractors. Finance and the County Attorney's office has reviewed this Renewal Agreement. The Department recommends Board approval and authorize the Chair to sign. Thank you. ETV AGREEMENT FOR EXTENSION/RENEWAL BETWEEN WELD COUNTY AND B.I. INCORPORATED, A GEO GROUP COMPANY, FOR CONTINUED ELECTRONIC MONITORING & OFFENDER SUPERVISION SERVICES This Agreement Extension/Renewal ("Renewal"), made and entered into 21 day of DEC , 2023 by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Justice Services, hereinafter referred to as the "Department," and B.I. Inc and The GEO Group, 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. #2022-2664, approved on 12/28/2022. 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 12/31/2023. • The parties agree to extend the Original Agreement for an additional 1 -year period, which will begin 01/01/2024, and will end on 12/31/2024. • The Renewal, together with the Original Agreement, constitutes the entire understanding between the parties. The following change is hereby made to the Agreement Documents, which shall be effective upon the expiration of the current term of the Original Agreement: 1. The parties acknowledge there is current and ongoing discussions occurring between the parties to consider potential changes to this Renewal Agreement and that open lines of communication will be maintained throughout to ensure mutual agreement. Any modifications made to this Renewal Agreement shall be done in writing and through signature of each parties' authorized representatives. 2. Amendment to the Original Agreement - Termination. Either party may terminate this Agreement, with or without cause, on thirty (30) days written notice. However, nothing herein shall be construed as giving the Contractor the right to provide services/equipment under this Agreement beyond the time when such services/equipment become unnecessary or unsatisfactory to Weld County. If this Agreement is terminated by either party, the Contractor shall be compensated for (1) the sum of the amounts contained in invoices, which it has submitted and for which the Contractor is entitled to be compensated under the terms of the Agreement; (2) the amounts due pursuant to Exhibits A&B for the services/equipment which the Contractor provided prior to the date of termination and for which the Contractor is entitled to be compensated under the terms of the Agreement; and (3) the cost of any work, which Weld County approves in writing, which it determines is needed to accomplish an orderly termination of the work. Weld County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination, Weld County shall take possession of all materials, equipment, tools and facilities owned by the County, which Contractor is using, by whatever method it deems expedient; and, the Contractor shall deliver to Weld County all drawings, drafts or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents, (excluding leased or rented equipment and materials) which have been paid for by Weld County, and these items, materials and documents shall be the property of Weld County. Copies of work product incomplete at the time of termination shall be marked "DRAFT INCOMPLETE." AGREEMENT FOR EXTENSION/RENEWAL BETWEEN WELD COUNTY AND B.I. INCORPORATED, A GEO GROUP COMPANY, FOR CONTINUED ELECTRONIC MONITORING & OFFENDER SUPERVISION SERVICES Upon termination of this Agreement by a party, the other party shall have no claim of any kind whatsoever against the terminating party by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. • All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the day, month, and year first above written. CONTRACTOR: B.I. Incorporated, a GEO Group Company J2eD, Schofield Printed Name Signature ATTEST: � `fdlo BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Mike Freeman, Chair DEC 2 7 2023 Weld un Clerk to the :oa d �] ',,� Approved as to Substance: BY: Deputy Cler'to the Boar Approved as to Funding: Chief Financial Officer/Controller Approved as to Form: County Attorney partment He 2022-266g Justice Services Department 901 10th Avenue P.O. Box 758 Greeley, CO 80632 Phone: (970) 336-7227 Fax: (970) 392-4677 CONSENT AGENDA ITEM To: Board of County Commissioners From: Doug Erler, Director' Re: Consider Agreement Between Weld County and BI, Inc., a GEO Group Company, and Authorize Chair to Sign Date: December 28, 2022 Pursuant to Bid #B2200112, awarded by the Board to BI, Inc., a GEO Group Company, the enclosed Agreement between the parties outlines all provisions to provide leased use of certain electronic monitoring equipment at the Work Release Facility and further authorizes separate alternative sentencing services of offenders in the community, in lieu of traditional jail sentences, and as lawfully sentenced by the Court(s). For the latter services described, the Justice Services Department provides day to day oversight of this Contractor. The County Attorney's office has reviewed this Agreement. The Department recommends the Board approve this Agreement and authorize the Chair to sign. Thank you. ean5th+a I Z/Z7S722 ZOZZ—Z(o(c-I JSUOo� AGREEMENT BETWEEN WELD COUNTY & B.I. INCORPORATED, A GEO GROUP COMPANY, FOR ELECTRONIC MONITORING & OFFENDER SUPERVISION SERVICES THIS AGREEMENT is made and entered into this Z g day of December, 2022, by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "Weld County," and B.I. Incorporated, a GEO Group Company, whose address is 6265 Gunbarrel Ave., Suite B Boulder, CO 80501, hereinafter referred to as the "Contractor." WHEREAS, Weld County desires to retain the Contractor as an independent Contractor to perform services and provide equipment as more particularly set forth below; and WHEREAS, the Contractor has the ability, qualifications, and time available to timely perform the services, and equipment and is willing to perform the services and provide equipment according to the terms of this Agreement; WHEREAS, the Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the services and equipment as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits A and B, each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. Weld County and the Contractor acknowledge and agree that this Agreement, including specifically Exhibits A and B, define the performance obligations of the Contractor and the Contractor's willingness and ability to meet those requirements. Exhibit A consists of Weld County's Request for Proposals (RFP) as set forth in "Proposal Package No. #B2200112." The RFP contains all the specific requirements of Weld County. Exhibit B consists of the Contractor's Response to Weld County's Request for Proposals. The Response confirms the Contractor's obligations under this Agreement. 2. Service or Work. The Contractor agrees to procure the materials, equipment and/or products necessary for services and equipment and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete all described in Exhibit A, which is attached hereto and incorporated herein by reference. The Contractor shall coordinate with Weld County to perform the services and provide equipment described on attached Exhibits A and B. The Contractor shall faithfully perform the work and provide equipment in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent Contractor's performing services/equipment of a similar nature to those described in this Agreement. The Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Exhibits A and B within the time limits prescribed by Weld County may result in Weld County's decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement begins on January 1, 2023, by Weld County and shall continue through and until the Contractor's completion of the responsibilities described in Exhibits A & B. Both parties to this Agreement understand and agree that the laws of the State of Colorado prohibit Weld County from entering into Agreements which bind Weld County for periods longer than one (1) year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, Weld County shall notify the Contractor if it wishes to renew this Agreement. 4. Termination. Weld County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving the Contractor the right to provide services/equipment under this Agreement beyond the time when such services/equipment become unsatisfactory to Weld County. If this Agreement is terminated by Weld County, the Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices, which it has submitted and which have been approved by Weld County; (2) the reasonable value to Weld County of the services/equipment, which the Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which Weld County approves in writing, which it determines is needed to accomplish an orderly termination of the work. Weld County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination, Weld County shall take possession of all materials, equipment, tools and facilities owned by the County, which Contractor is using, by whatever method it deems expedient; and, the Contractor shall deliver to Weld County all drawings, drafts or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents, which have been paid for by Weld County, and these items, materials and documents shall be the property of Weld County. Copies of work product incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE." Upon termination of this Agreement by Weld County, the Contractor shall have no claim of any kind whatsoever against Weld County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Modification. Any amendments or modifications to this Agreement shall be in writing signed by both parties. No additional equipment, services or work performed by the Contractor shall be the basis for additional compensation unless and until the Contractor has obtained written authorization and acknowledgement by Weld County for such additional services/equipment. Accordingly, no claim that Weld County has been unjustly enriched by any additional services or equipment, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event written authorization and acknowledgment by Weld County for such additional services or equipment is not timely executed and issued in strict accordance with this Agreement, the Contractor's rights with respect to such additional services/equipment shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. In the event Weld County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by a supplemental Agreement. Any claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any work covered/equipment provided in the anticipated supplemental Agreement. Any change in work made and/or equipment provided without such prior supplemental Agreement shall be deemed covered in the compensation and time provisions of this Agreement. 6. Compensation/Contract Amount. Upon the Contractor's successful completion of the services/equipment provided, and Weld County's acceptance of the same, Weld County agrees to pay an amount no greater than set forth in Exhibit's A & B. The Contractor acknowledges no payment in excess of that amount will be made by Weld County unless a "change order" authorizing such additional payment has been specifically approved by the Weld County Board of Commissioners, or designee, as required pursuant to the Weld County Code. Any other provision of this Agreement notwithstanding, in no event shall Weld County be liable for payment for services rendered/equipment provided and expenses incurred by the Contractor under the terms of this Agreement for any amount in excess of the sum of the bid amount set forth in Exhibit's A & B. The Contactor acknowledges that any work it performs/equipment provided beyond that specifically authorized by Weld County is performed at the Contractor's risk and without authorization under this Agreement. Weld County shall not be liable for the payment of taxes, late charges or penalties of any nature other than the compensation stated herein. If, at any time during the term or after termination or expiration of this Agreement, Weld County reasonably determines that any payment made by Weld County to the Contractor was improper because the service/equipment for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from Weld County, the Contractor shall forthwith return such payment(s) to Weld County. Upon termination or expiration of this Agreement, unexpended funds advanced by Weld County, if any, shall forthwith be returned to Weld County. Weld County will not withhold any taxes from monies paid to the Contractor hereunder and the Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Mileage may be reimbursed if the provisions of Exhibit A permit such payment at the rate set forth in Exhibit A. The Contractor shall not be paid any other expenses unless set forth in this Agreement. Payment to the Contractor will be made only upon presentation of a proper claim by the Contractor, itemizing services performed and, (if permitted under this Agreement), mileage expense incurred. Notwithstanding anything to the contrary contained in this Agreement, Weld County shall have no obligations under this Agreement after, nor shall any payments be made to the Contractor in respect of any period after L)ecember 31 of any year, without an appropriation therefore by Weld County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 7. Independent Contract Professional. The Contractor agrees that it is an independent Contractor and that Contractor's officers, agents or employees will not become employees of Weld County, nor entitled to any employee benefits from Weld County as a result of the execution of this Agreement. The Contractor shall perform its duties hereunder as an independent Contract Professional. The Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. The Contractor, its employees and agents are not entitled to unemployment insurance or Workers' Compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the Contractor or any of its agents or employees. Unemployment insurance benefits will be available to the Contractor and its employees and agents only if such coverage is made available by the Contractor or a third party. The Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. The Contractor shall not have authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in this Agreement. The Contractor shall have the following responsibilities regarding Workers' Compensation and unemployment compensation insurance matters: (a) provide and keep in force Workers' Compensation and (b) unemployment compensation insurance in the amounts required by law (and as set forth in Exhibit A provide proof thereof when requested to do so by Weld County). 8. Subcontractors. The Contractor acknowledges that Weld 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 these services and equipment without Weld County's prior written consent, which may be withheld in Weld County's sole discretion. Weld County shall have the right in its reasonable discretion to approve all personnel assigned to these services and equipment during the performance of this Agreement and no personnel to whom Weld County has an objection, in its reasonable discretion, shall be assigned to these services and provision of equipment. The Contractor shall require each subcontractor, as approved by Weld County and to the extent of the services to be performed and equipment provided by the subcontractor, to be bound to the Contractor by the terms of this Agreement, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by this Agreement, assumes toward Weld County. Weld County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by the Contractor and the Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. Ownership. 9.1. Intellectual Property. As between the parties hereto, the Contractor shall retain all ownership interests in all parts of the Monitorlg Services. All rights owned by the Contractor that are not granted by this Agreement, including the right to derivative works, are reserved to the Contractor. All rights, powers and privileges which arise out of this Agreement are, and shall remain at all times, the sole and exclusive property of the Contractor. Nothing contained in this Agreement shall be deemed to convey to Weld County any title or ownership interest in the Equipment, Monitoring Services or any documentation related to such services/equipment. 9.2. Confidential Information. Except as set forth in Section 10, Weld County agrees to hold in confidence and not disclose to any party, other than authorized employees under similar terms of confidentiality as set forth herein, the documentation related to the services/equipment or any confidential information or trade secrets of the Contractor. 9.3. Access. The Contractor will issue Weld County a login ID and a password for use in accessing BI TotalAccess and the specific client information for Weld County. The confidentiality of the Monitoring Services and client information is dependent upon Weld County's careful and secure control of the login ID and password. Weld County agrees to maintain its password as private and confidential and to take all reasonable measures to maintain the careful control and security of the login ID and password. Weld County agrees that each employee or contractor, to be authorized to work with or to have access in any way to the Equipment, Monitoring Services or any documentation related to such services/equipment or trade secrets hereunder, shall agree to be bound by confidentiality, nondisclosure, use, and copying restrictions consistent with those of this Agreement. Weld County agrees to notify the Contractor immediately of the existence of any circumstances surrounding any unauthorized knowledge, possession, or use of the login ID and password or any part thereof by any person or entity. The Contractor is not responsible for breaches in security resulting from third party access to Agency's password or account. 9.4. Prohibited Use. Weld County shall not itself and also shall not knowingly permit any of its employees, subcontractors, or sublicensees to alter, maintain, enhance, or otherwise modify any part of the Monitoring Services, other than str/ctly to input, access and update information relating to Clients, as permitted by this Agreement. Weld County shall not reverse engineer, reverse compile, reverse assemble or do any other operation or analysis with the Monitoring Services or associated software, hardware, and technology that would reveal any of Contractor's confidential information, trade secrets, or technology. Weld County shall not and shall take all reasonable actions to cause its employees, agents and subcontractors, if any, not to, during the Term or at any time thereafter, divulge, communicate or utilize, other than in the performance of Weld County's obligations under this Agreement, any Confidential Information, which Weld County's or such person has acquired or may acquire, whether technical or non -technical, relating to the business and affairs of the Contractor. 9.5. Restricted Access. Weld County agrees not to make any attempt to gain any unauthorized access to any other user's account or to the systems, networks or databases of the Monitoring Services other than Weld County's specific client information as specifically permitted herein. Violations of the Monitoring Services security system are prohibited and are deemed a material breach of this Agreement and may be reported to applicable authorities. All accesses to Software Applications are subscription based, and the rights to access such services expire upon the expiration of the applicable order or upon Weld County's failure to pay for such services (i.e., services are not perpetual). 10. Confidentiality. 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 advised that as a public entity, Weld County must comply with 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 Weld 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 Weld 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. 11. Warranty. The Contractor warrants that the services performed/equipment provided under this Agreement will be performed in a manner consistent with the professional standards governing such services and equipment and the provisions of this Agreement. The Contractor further represents and warrants that all services and equipment shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services and equipment will conform to applicable specifications. In addition to the foregoing warranties, the Contractor is aware that all work performed/equipment provided pursuant to this Agreement, is subject to a one (1) year warranty period during which the Contractor must correct any failures or deficiencies. This warranty shall commence on the date of Weld County's final inspection and acceptance of services performed/equipment provided. 12. Acceptance of Services Not a Waiver. Upon completion of the work/equipment, the Contractor shall submit to Weld County originals of all test results, reports, etc., generated during completion of this Agreement. Acceptance by Weld County of reports and incidental material(s) furnished under this Agreement shall not in any way relieve the Contractor of responsibility for the quality and accuracy of services and equipment. In no event shall any action by Weld County hereunder constitute or be construed to be a waiver by Weld County of any breach of this Agreement or default, which may then exist on the part of the Contractor, and Weld County's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to Weld County with respect to such breach or default. No assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by Weld County of, or payment for, the services completed/equipment provided under this Agreement shall not be construed as a waiver of any of Weld County's rights under this Agreement or under the law generally. 13. Insurance and Indemnification. The Contractor must secure, at or before the time of execution of any agreement or commencement of any work/equipment provided, the following insurance covering all operations, goods or services provided pursuant to this request. The Contractor shall always keep the required insurance coverage in force during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer authorized to do business in Colorado and rated by A.M. Best Company as "A-" VII or better. Each policy shall contain a valid provision or endorsement stating "should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Director of Finance & Administration 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, Weld County must be notified by the Contractor. The Contractor shall be responsible for the payment of any deductible or self -insured retention. Weld County reserves the right to require Contractor to provide a bond, at no cost to Weld County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of the Contractor. Weld County in no way warrants that the minimum limits contained herein are sufficient to protect them from liabilities that might arise out of the performance of the work/equipment provided under this Agreement by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to this Agreement by reason of 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 deem 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 identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all services/equipment provided, the timely delivery of said services/equipment, and the coordination of all services/equipment rendered 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/equipment provided 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 the 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/equipment provided by the Contractor for Weld County. A failure to comply with this provision shall result in Weld County's right to immediately terminate this Agreement. Types of Insurance: The Contractor shall obtain, and always maintain during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all the Contractor's employees acting within the course and scope of their employment. Such policy shall contain a waiver of subrogation against Weld County. This requirement shall not apply when the Contractor or subcontractor is exempt under the Colorado Workers' Compensation Act., AND when such the Contractor or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance shall include bodily injury, property damage, and liability assumed under the Agreement. $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 Personal Advertising injury Automobile Liability: The 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 Weld County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Agreement. Cyber/Network Security and Privacy Liability Liability insurance covering civil, regulatory, and statutory damages, contractual damages, data breach management exposure, and any loss of income or extra expense as a result of actual or alleged breach, violation or infringement of right to privacy, consumer data protection law, confidentiality or other legal protection for personal information, as well as confidential information of Weld County with minimum limits as follows: i. $1,000,000 each occurrence; and ii. $2,000,000 general aggregate. Professional Liability (Errors and Omissions Liability) The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this Agreement. The Contractor shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Agreement resulting from professional services. If 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 the duration of this Agreement, beginning at the time work under this Agreement is completed. Minimum Limits: Per Loss Aggregate $ 1,000,000 $ 2,000,000 The Contractor shall secure and deliver to Weld County at or before the time of execution of this Agreement and shall always keep in force during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Request for Proposal. Proof of Insurance: Weld County reserves the right to require the Contractor to provide a certificate of insurance, a policy, or other proof of insurance as required by Weld County's Risk Administrator in his or her sole discretion. Additional Insured: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, the Contractor's insurer shall name Weld County as an additional insured. Waiver of Subrogation: For all coverages, the Contractor's insurer shall waive subrogation rights against Weld County. Subcontractors: All subcontractors, independent contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all the requirements herein and shall procure and maintain the same coverage's 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 coverages. The Contractor agrees to provide proof of insurance for all such subcontractors, independent contractors, sub -vendors suppliers or other entities upon request by Weld County. 14. Non -Assignment. The Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of Weld County. Any attempts by the Contractor to assign or transfer its rights hereunder without such prior approval by Weld County shall, at the option of Weld County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of Weld County. 15. Examination of Records. To the extent required by law, the Contractor agrees that any duly authorized representative of Weld County, including the County's Finance and Administration Director or designee, 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 three (3) years from the date of the last payment received. 16. Interruptions. Neitier 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. 17. Notices. Weld County may designate, prior to commencement of work, its representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to these services and equipment. All requests for Agreement interpretations, change orders, and other clarification or instruction shall be directed to Weld County's Representative. The County Representative, for purposes of this Agreement, is hereby identified as the Director of the Weld County Justice Services Department, or his/her designee. All notices or other communications (including annual maintenance made by one party to the other concerning the terms and conditions of this Agreement shall be deemed delivered under the following circumstances: (a) personal service by a reputable courier service requiring signature for receipt; or (b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this Agreement; or (c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party. Either party may change its notice address(es) by written notice to the other. Notification Information: Contractor: B.I. Inc., a GEO Group Company Attn.: Danna Coapland, Vice President, Finance Address: 6265 Gunbarrel Ave., Suite B, Boulder, CO 80501 E-mail: bidsvcs@bi.com And Contractor: B.I. Inc., a GEO Group Company Attn.: Derrick D. Schofield, Ph.D., Executive Vice President, Continuum of Care & Reentry Services Address: 4955 Technology Way, Boca Raton, FL 33444 E-mail: dschofield@geocareinc.com Weld County: Name: Doug Erler Position: Director, Weld County Justice Services Department Address: 901 10th Ave., P.O. Box 758, Greeley, CO 80632 E-mail: derler@co.weld.co.us 18. 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. 19. Non -Exclusive Agreement. This Agreement is nonexclusive, and Weld County may engage or use other Contractors or persons to perform services/equipment of the same or similar nature. 20. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This Agreement (instrument) supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 21. Fund Availability. Financial obligations of Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by Weld County does not create an obligation on the part of Weld County to expend funds not otherwise appropriated in each succeeding year. 22. Employee Financial Interest/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. Weld 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/equipment 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 in any business or personal activities or practices or maintain any relationships which actually 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 Weld County's sole discretion, in immediate termination of 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. 23. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a Court of competent jurisdiction, 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. 24. Governmental Immunity. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 25. No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 26. Board of Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of Commissioners of Weld County, Colorado or its designee. 27. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court/19th Judicial District shall have exclusive jurisdiction to resolve said dispute. 28. 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 or enter into a contract with a subcontractor that fails to certify with the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. The Contractor shall not use 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 Agreement for services/equipment knowingly employs or contracts with an illegal alien the Contractor shall notify the subcontractor and Weld 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 services/equipment 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. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If the Contractor participates in the State of Colorado program, the Contractor shall, within twenty (20) days after hiring a new employee to perform work/provide equipment under the Agreement, 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 Weld County, a written notarized affirmation that it has examined the legal work status of such employee and shall comply with all the other requirements of the State of Colorado program. If the Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., Weld 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 Agreement, 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 Agreement. 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 Agreement. 29. Compliance with Davis -Bacon Wage Rates. The Contractor understands and agrees that, if required by the provisions of Exhibit A, the work/equipment shall comply with the Davis -Bacon Wage Rates. (If compliance with this statute is required by Weld County under this Agreement, a copy of the information is contained in Exhibit A, Weld County's Request for Proposal, and is a part of the Agreement.) 30. Attorneys Fees/Legal Costs. In the event of a dispute between Weld County and the Contractor, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 31. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment. Weld County and the Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this 2-g day of December 2022. CONTRACTOR: B.I. Incorporated, a GEO Group Company Name: Derrick D. Schofield Title: Vice President, Reentry Services Signature: Date 12/22/2022 WELD COUNTY: ATTEST: ddr144) •jell°'°i Weld C% Clerk to the : oard WEL ! COUNTY, COLORADO BOARD OF COMMISSIONERS BY: /, ��► Ll� '��`''��' ���' / _ eputy Cl" to e B•j�~ ;.;. ` �tt K. James, Chair DEC 2 8 2022 APPROVED AS TO FUNDI ROVED AS TO SUBSTANCE: Controller _ Departmenead APPROVED AS TO FORM: 'O...c% -co—_ County Attorney MEMORANDUM Justice Services Department 901 10th Avenue - P.O. Box 758 Greeley, CO 80632 Phone: (970) 336-7227 Fax: (970) 392-4677 To: Board of County Commissioners From: Doug Erler, Director Re: Award - Electronic Monitoring Equipment & Offender Supervision Services — Bid #82200112 Date: October 10, 2022 Weld County received four (4) bids to provide electronic monitoring equipment and/or offender supervision services at and for the Department's Alternative Sentencing Programs Facility at 1390 N. 170 Ave., Greeley. Representatives from each of the vendors attended the mandatory pre -bid meeting and then submitted their bids accordingly. The Department evaluated all four bids. It is the recommendation that Bid #B2200112 be awarded, in full, to BI Incorporated a GEO Group Company, 6265 Gunbarrel Ave., Suite B, Boulder, CO 80501. Their bid was the lowest for electronic monitoring equipment at $63,540 and for the day-to-day delivery of offender supervision services, the highest scored bidder. Thank you. I0/1O ZOZ2-ZUL04 3SOO0? A County Funded Use of Electronic Monitoring Equipment - Work Release Buddi US Alcohol Monitoring Systems (AMS) / SCRAM Systems Track Group BI Incorporated Electronic Monitoring via GPS Pricing and Operational Flexibility Proposal clarity, understanding of equipment and services required and proposal demonstrates understanding of Weld County s desire for pricing and operational flexibility Vendor has complete pricing of equipment and services lost/damage and allowable inactive units Buddi Smart Tag - $3 50, 30% spare allowance, shelf cost not listed, /o sted, 0 lost/damaged,2 replacement cost $695 tag + $250 charger + $75 dock 3 SCRAM GPS $3 50, 30% spare allowance, $1 00/day shelf 5% lost/damage replacement cost $600 3 5 RehAlert XC4 $3 30, 20% spare allowance $1 00 day shelf, 5% lost/damaged, replacement cost $975 3 7 LOCK XT $3 00, 20% spare allowance shelf cast not listed, 5% lost/damage replacement cost $1,320 4 1 Cost comparison based on 50 active units $175/day or $63 875/year $175/day or $63,875/year $165/day or $60 225/year $150/day or $54 750/year Computer Software Provide appropriate and no cost software accessibility to the department to facilitate efficient Electronic Monitoring System and alert g y management Software is web -based easy to navigate and generates reports for individual g p clients inventory and caseload management GPS tracking features for locating clients, exclusion zones and analyzing and reviewing data Eagle has zones, alert notfication, mapping reports, and TRAC Software for alcohol monitoring device 1 8 SCRAM Optix robust analytical abilities mapping zones, send vibration/audible tones, pursuit, ping, reporting and alert management, inclusive platform for all equipment 4 8 IntelhTrack has zones, reports, mapping, pursuit, ping, thud party communication siren, vibrate, alarm management reports Remote alcohol monitoring done through a Monitoring Center 3 2 Total Access has zones, mapping, send audio messages to client, vibrate pursuit ping alert management, reporting, analytics for extra fee, inclusive platform 4 2 Hardware Vendor has hardware that is reliable convenient and easy to install and maintain The hardware sends client warnings and/or reminders Hardware is tamper proof temperature proof rugged and worn by variety of clients Buddi Smart Tag, small sized battery life 30 hours 2 hour cordless charging, accuracy dependent on satellites, uses vii-fi, multiple strap sizes for installation 2, SCRAM GPS medium sized battery life 40 hours 3 hour cordless charging, 9 8 feet accuracy, uses GPS satellites & cell towers tool free installation 3 9 RehAlert XC4 large sized 70 hour battery life, 2 hour corded charging 9 8 feet accuracy, uses GPS satellites & cell towers, sleep mode for retrieval, installation requires tools & parts 3 3 LOCB XT medium sized, 60 hour battery life 2 hour cordless charging, 5 5 feet accuracy, uses GPS satellites cell towers & vii-fi installation requires tools & parts 4 3 Qualifications Vendor is an established business dedicated to providing Electronic Monitoring Equipment Services in a criminal justice setting (Length of time Vendor has been in the business current and recent history of performance apparent capability to perform well ) Met all requirements as stated in the RFP Parent company is Big Technologies is based in the United Kingdom has Florida operation site Services since 2014 1 5 Littleton CO, since 1997 (25 years), manufacturing Local national and international presence 4 5 Naperville IL, 27 years of experience (1995) and 3rd 2010 as largest EM sSeolutioolutio ert, startedn in world In EM technology and 2016 rebranded as Track Group 3 8 Boulder CO, since 1978 (44 years), manufacturing and local office (Greeley) Largest provider of EM, subsidiary of The GEO Group (Florida) 4 8 Customer Service and Support Understanding of Electronic Monitoring Systems/Services and desire to maintain efficient and effective operation Method Vendor will initiate and fully implement systems and services References, if provided demonstrate customer service level as important and references could be contacted Vendor must demonstrate understanding of importance of customer service p Vendor has 24/7/365" supports for troubleshooting and addressing concerns and questions Provides training for software and hardware The ability to provide on -site support and local personnel Help desk via phone or email 24/7/365 with direct contact team during business hours, training in -person and Train g p the Trainer module No references 3 24/7/365 customer support training in -person and on-line (SCRAM Systems University), Denver based & Intervention, (local) Inc localpartnership,4 reference from Jeffco Pretrial Servcee, 19th JD CO Probation and New York(,) 8 Monitoring Center services 24/7!365 Training on -site or via webinar References from an Alternative Sentencing Program (not Weld) a police department, and two Sheriff Offices Services unknowns 4 Call center & local presence, in person and on-line trainings, supports as needed, references in CO including 5th JD CO Probation, Mesa County Criminal Justice Services and City and County of Denver 4 B Totals Buddi US 11 3 AMS / SCRAM Systems 21 6 Track Group 17 9 BI Incorporated B. Offender In Funded Detention Electronic Program Monitoring Alcohol Monitoring / Intervention Systems (AMS ) BI/GEO -Home Contractor Services for Supervision & Equipment Pricing Operational Flexibility and Proposal required, understanding and pricing strategy operational of clarity, and for equipment fee proposal of collection understanding the flexibility. and County's demonstrates Bidder services. from desire clients. of has services Bidder for complete pricing has $25 GPS, transdermal GPS UA enrollment + $10/day + remote $15 + confirmation fee, RF, RF, alcohol, $12/day $11/day $18/day $15 5 $75 transdermal GPS enrollment GPS + remote or RF, + UA fee, RF, $16/day alcohol, $14/day $18/day $18 4 Case Management Provide records. meeting absence monitoring use module of incentives/rewards. orientation for Case with from compliance, major clients, violations. for determining intakes for A approved services timely and schedule maintains sobriety, reporting include activity for and management, solutions Lists details for incentives of provides case 5 incentives, Lists Operating details of Procedures, timely Standard reports 4 residence management monitoring Equipment transdermal Bidder proof, variety client equipment temperature of schedules clients. capabilities. and encompasses Software proof, alert Hardware rugged capable notification. RF, and is of GPS tamper worn monitoring and by Intervention, partnership Inc. and AMS 4.3 Manufacturer of equipment 4 Qualifications Bidder providing criminal been of well.) performance, in is an justice the Electronic established business, setting. apparent Monitoring current (Length business capability and Services of dedicated time recent to perform bidder in history a to has Intervention, office information in Greeley, Inc provided has no other field 3.3 Greeley office Vendor - Current 5 Customer Service Support and Bidder and provide provided, as understanding important. after has office on -site demonstrating local Bidder of hours support staffing importance supports. must and availability customer demonstrate local. of customer The References service for ability standard to level service. are Local in for CO, Probation after office staffing hour & Dept 9 support, other ratio reference unclear offices 19th 3 services, CO, Has staffing references current 2 other ratio vendor offices are for 24/7 for EM, in 4.3 Alcohol (AMS) Monitoring / Intervention, Systems Inc. 20.7 I BI / GEO 21.3 Totals County Funded Use of Electronic Monitoring Equipment for Work Release .,Equipment Pricing Comparison., For 2021, the ExacuTrack One GPS unit was used at a daily rate of $3.40/unit. • On average, there were 44 active units per day for an average daily population of 83 clients. Actual cost was $54,112.35. On average, total number of inactive units (shelved) was a rate of 24%; 4% over the 20% spare allowance. Actual cost was $1,052.87. A total of 8 units were lost/damaged, of the daily active units at 5% allowance (2.72 units allowed), with a replacement cost of $950. Actual cost was $4,337. • The total cost for 2021 was $59,502.22. The spare rate was high due to unforeseen COVID related client furloughs and in July 2022, the department upgraded from the ExacuTrack One (obsolete) to the LOC8 Classic units. FOR COMPARISON: Based on 50 GPS units per day average for offender supervision at the Work Release Facility, with 24% spare rate and 8 units lost/damaged per year (3 units = 5%): CURRENT PRICE RATE, BI's LOC8 Classic at $3.65 per day/active, 20% spare allowance and 5 % lost/damaged: Active unit cost per day = $182.50 ($3.65 unit x 50 clients) Active unit cost per year = $66,612.50 ($182.50/day x 365 days) Inactive unit cost per day = $3.68 (4% over spare allowance ($1.84 x 2 units)) Inactive unit cost per year = $1,343.20 ($3.68/day x 365 days) Lost/damaged equipment = $5,750 (5 units x replacement cost $1,150) Annual Cost = $73,705.70 (total unit cost + lost/damaged equipment) Low Bid: BI Incorporated, LOC8XT unit at $3.00 per day, 20% spare allowance and 5% lost/damaged: Active unit cost per day = $150.00 ($3.00 unit x 50 clients) Active unit cost per year = $54,750.00 ($150.00/day x 365 days) Inactive unit cost per day $6.00 (4% over spare allowance ($3.00* x 2 units)) *unknown inactive rate, applying active unit cost Inactive unit cost per year = $2,190.00 ($6.00/day x 365 days) Lost/Damaged equipment = $6,600.00 (5 units x replacement cost $1,320.00) Annual Cost = $63,540 (total unit cost + lost/damaged equipment) Second Low Bid: Track Group, ReliAlert XC4 unit at $3.30 per day, 20% spare allowance and 5% lost/damaged ($.25 per day coverage): Active unit cost per day Active unit cost per year = $60,225.00 ($165.00/day x 365 days) _ $165.00 ($3.30 unit x 50 clients) Inactive unit cost per day = $2.00 (4% over spare allowance ($1.00 x 2 units)) Inactive unit cost per year = $730.00 ($2.00/day x 365 days) Lost/Damaged equipment = $4,875.00 (5 units x replacement cost $975.00) Coverage in lieu of = $4,562.50 ($.25 per day coverage x 50 units x 365 days) lost/damaged equipment Annual Cost = $65,517.50 (total unit cost @ $3.55 to include coverage) Third Low Bid: Alcohol Monitoring Systems (SCRAM Systems), SCRAM GPS unit at $3.50 per day, 30% spare allowance and 5% lost/damaged: Active unit cost per day $175.00 ($3.50 unit x 50 clients) Active unit cost per year $63,875.00 ($175.00/day x 365 days) Inactive unit cost per day = $0.00 (30% spare allowance) Lost/Damaged equipment = $3,000.00 (5 units x replacement cost $600.00) Annual Cost = $66,875.00 (total unit cost + lost/damaged equipment) Fourth Low Bid: Buddi US, Buddi Smart Tag unit at $3.50 per day, 30% spare allowance and 0% lost/damaged: Active unit cost per day = $175.00 ($3.50 unit x 50 clients) Active unit cost per year = $63,875.00 ($175.00/day x 365 days) Inactive unit cost per day Lost/Damaged equipment Annual Cost _ $0.00 (30% spare allowance) _ $5,560.00 (8 units x replacement cost $695.00) = $69,435.00 (total unit cost + lost/damaged equipment) Section A: County Funded Use of Electronic Monitoring Equipment for Work Release Program Pricing and Operational Flexibility Computer Software Hardware Qualifications Customer Service and Support Grand Total Buddi US AMS (SCRAM Systems) Track Group BI Incorporated #1 #2 #3 #4 Total #1 #2 #3 #4 Total #1 #2 #3 #4 Total #1 #2 #3 #4 Total 4 1 3.33 1 2.3 4 3 4 3 3.5 4 4 2.67 4 3.7 4 4 433 4 4.1 2 1 3.17 1 1.8 5 5 4.33 5 4.8 4 3 2.67 3 3.2 4 4 4.67 4 4.2 3 2 3.67 2 2.7 4 4 3.66 4 3.9 4 3 3 3 3.3 4 5 3 5 4.3 1 1 3 1 1.5 4 5 4 5 4.5 4 4 3.33 4 3.8 5 5 4.33 5 4.8 2 3 4 3 3.0 5 5 4.33 5 4.8 4 4 4 4 4.0 5 5 4 5 4.8 12 8 17.17 8 11.3 22 22 20.32 22 21.6 20 18 15.67 18 17.9 22 23 20.33 23 22.1\Ps AR DE Section B: Offender -Funded Electronic Monitoring In -Home Detention Program Pricing & Operational Flexibility Case Management Equipment Qualifications Customer Service & Support Grand Total AMS (SCRAM Systems) #1 #2 #3 Total 5 5 4 4 5 5 5 5.0 5 5 5.0 4.5 4.5 4.3 3 3 3.3 2 2 3.0 23 19.5 19.5 20.7 BI Incorporated #1 #2 #3 Total 4 4 4 5 5 4 4 4.0 4 4 4.0 4 4 4.0 5 5 5.0 4 4 4.3 22 21 21 LK DE WELD COUNTY PURCHASING 1150 O Street Room 107, Greeley CO 80631 E -Mail: reverett@weldgov.com E -Mail: coeisert(Sweldctov.com E-mail: cmpeters@welgov.com Phone: (970) 400-4222, 4223 or 4216 Fax: (970) 400-4024 DATE OF BID: SEPTEMBER 14, 2022 REQUEST FOR: ELECTRONIC MONITORING EQUIPMENT & OFFENDER SUPERVISION SERVICES DEPARTMENT: JUSTICE SERVICES BID NO: #62200112 PRESENT DATE: SEPTEMBER 19, 2022 APPROVAL DATE: OCTOBER 10, 2022 VENDORS BI INCORPORATED a GEO GROUP COMPANY 6265 GUNBARREL AVE, SUITE B BOULDER CO 80501 TRACK GROUP 200 E. 5TH AVE, STE 100 NAPERVILLE IL 60563 BUDDI US 1964 BAYSHORE BLVD,STE B DUNEDIN FL 34698 ALCOHOL MONITORING SYSTEMS INC 1241 W MINERAL AVE # 200 LITTLETON CO 80120 JUSTICE SERVICES DEPT WILL REVIEW PROPOSALS. 2022-2664 (x1/1q J 3CCO�S Hello