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.
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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
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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.
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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
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