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Home My WebLink About20212924.tiff C; vc k I pi-1003°1 BOARD OF COUNTY COMMISSIONERS PASS-AROUND REVIEW PASS-AROUND TITLE:2026 Inmate Commissary Extension-Keefe DEPARTMENT:Sheriffs Office-Detentions Division DATE: 10/29/25 PERSON REQUESTING: Lieutenant Mark Pollard Brief description of the problem/issue:This is the final extension for Inmate Commissary Services with Keefe Commissary Network,LLC.The Original Agreement was for 37-months which ended February 28,2025. Because the initial contract had incorrect dates,the current contract extension was for 10 months and ends December 31,2025. What options exist for the Board? The Board can approve or not approve this extension. Consequences:If not approved,the County would be forced to go out to bid.Given the timeframe,the County would also likely need an extension with Keefe until the new bid was completed and the selected company to have time to setup any needed infrastructure. Impacts:If the Board approves the extension,Inmate Commissary Services will continue per the Original Agreement and will end on 12/31/2026. Costs(Current Fiscal Year/Ongoing or Subsequent Fiscal Years):There is no cost to the county as this is a revenue generating contract. Recommendation:It is recommended that the Board approve this extension document.The services that Keefe Commissary Network,LLC provides,is comprehensive and meets the needs of the County to deliver commissary and accounting services to the Weld County Sheriffs Office. This contract has been reviewed by County Attorney's Office,Will Grumet. Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: Perry L.Buck (9 Scott K.James Jason S.Maxey Lynette Peppier ( Kevin D.Ross (`t" Cone-ng - cc;Onb a e(Sc Z 0ZI-292� I I/I Z/ZS �" z/25 9 So 004-2, CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY SHERIFF'S OFFICE AND KEEFE COMMISSARY NETWORK,LLC This Agreement Extension/Renewal("Renewal"),made and entered into '"day of November 2025, by and between the Board of Weld County Commissioners,on behalf of the Weld County Sheriffs Office hereinafter referred to as the"Department",and Keefe Commissary Network LLC,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.2021-2924,approved on 12/27/2021. 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 December 31,2025 • The parties agree to extend the Original Agreement for a final 12-month period,which will begin January 1,2026 and will end on December 31,2026. • The Renewal,together with the Original Agreement,constitutes the entire understanding between the parties. • All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year first above written. CONTRACTOR: BOARD OF COUNTY COMMISSIONERS John Puricelli,Executive Vice President WELD COUNTY,COLORADO Printed a e - Perry L.Vck,Chair NOV 1 2 2025 Signat fida ATTEST: 4,4.1 "cy ,�r= Weld County Clerk to the Board �se� t°4112:: BY: A V �''/ Deputy Clerk to the Boar ` ' / ZOZI—ZgZy Entity Information Entity Name* Entity ID* 0 New Entity? KEEFE COMMISSARY NETWORK @00018412 SALES Contract Name* Contract ID Parent Contract ID 2026 KEEFE COMMISSARY CONTRACT EXTENSION 10039 Contract Status Contract Lead* Requires Board Approval CTB REVIEW TMATTHEWS YES Contract Lead Email Department Project# tmatthews@weld.gov Contract Description* FINAL EXTENSION FOR INMATE COMMISSARY SERVICES WITH KEEFE COMMISSARY NETWORK,LLC.NO NET COSTS TO THE COUNTY AS THIS IS A REVENUE GENERATING CONTRACT. Contract Description 2 ORIGINAL AGREEMENT IDENTIFIED BY THE WELD COUNTY CLERK OF THE BOCC AS DOCUMENT#2021-2924, APPROVED ON 12/27/2021. Contract Type* Department Requested BOCC Agenda Due Date RENEWAL SHERIFF Date* 1 1/06/2025 11/10/2025 Amount* Department Email $0.00 CM-Sheriff@weld.gov Will a work session with BOCC be required?* NO Renewable* Department Head Email NO CM-Sheriff- Does Contract require Purchasing Dept.to be DeptHead@weld.gov included? Automatic Renewal County Attorney Grant GENERAL COUNTY ATTORNEY EMAIL IGA County Attorney Email CM- COUNTYATTORNEY@WEL D.GOV If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note:the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Review Date* Renewal Date 08/01/2026 Termination Notice Period Committed Delivery Date Expiration Date* 12/31/2026 Contact Information Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel DONNIE PATCH RUSTY WILLIAMS BYRON HOWELL DH Approved Date Finance Approved Date Legal Counsel Approved Date 11/07/2025 11/07/2025 11/07/2025 Final Approval BOCC Approved Tyler Ref# AG 111225 BOCC Signed Date Originator TMATTHEWS BOCC Agenda Date 11/12/2025 Conkvac--1 mo BOARD OF COUNTY COMMISSIONERS PASS-AROUND REVIEW PASS AROUND TITLE:2025 Inmate Commissary Extension-Keefe DEPARTMENT:Sheriff's Office-Detentions Division DATE: 11/12/2024 PERSON REQUESTING: Sgt.Jarrod Bean Brief description of the problem/issue:This is the first extension for Inmate Commissary Services with Keefe Commissary Network,LLC.The Original Agreement was for 37-months which ends February 28,2025. Because the initial contract had incorrect dates,this contract extension is for 10 months,to end December 31, 2025.It also corrects the date for the County to have the option for a final year to end December 31,2026. What options exist for the Board? The Board can approve or not approve this extension. Consequences:If not approved,the County would be forced to go out to bid.Given the timeframe,the County would also likely need an extension with Keefe until the new bid was completed and the selected company to have time to setup any needed infrastructure. Impacts:If the Board approves the extension,Inmate Commissary Services will continue per the Original Agreement and will end on 12/31/2025. Costs(Current Fiscal Year/Ongoing or Subsequent Fiscal Years):There is no cost to the county as this is a revenue generating contract. Recommendation:It is recommended that the Board approve this extension document.The services that Keefe Commissary Network,LLC provides,is comprehensive and meets the needs of the County to deliver commissary and accounting services to the Weld County Sheriffs Office. This contract has been reviewed by County Attorney's Office,Byron Howell. Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: Perry L.Buck,Pro-Tern Mike Freeman m5 Scott K.James Kevin D.Ross,Chair (41 Lori Saine • 06. 2021-29'14 «J2,-1 1/ oZ1-a1F so©0Y+2 IMP CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN r THE WELD COUNTY SHERIFF'S OFFICE AND KEEFE COMMISSARY NETWORK,LLC This Agreement Extension/Renewal("Renewal"),made and entered into ri d,.{r� ay of November,2024, by and between the Board of Weld County Commissioners,on behalf of the Weld County Sheriffs Office hereinafter referred to as the"Department",and Keefe Commissary Network LLC,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.2021-2924,approved on 12/27/2021. 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 February 28,2025 • The parties agree to extend the Original Agreement for an additional 10-month period,which will begin March 1,2025 and will end on December 31,2025. • The Renewal,together with the Original Agreement,constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents,which shall be effective upon the expiration of the current term of the Original Agreement: • The original contract had an incorrect date on the ending of the initial 3-year period.This contributed to the 1 year extension dates being incorrect and previous extension that ended on 12/31/2023.This new extension provides clarification to correct these dates.The specified initial 36 months in the original contract will remain the same,ending on February 28,2025.This contract extension is for a 10-month period from February 28,2025 to December 31,2025.The County would then have the option to renew the agreement for a final additional year to end December 31,2026. • All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year first above written. CONTRACTOR: BOARD OF COUNTY COMMISSIONERS John Puricelli,Executive Vice President WELD COUNTY DO Printed Na Kevin D.Ross,Chair NOV 2 7 2024 Signature ATTEST:d .. .>"'1 Weld County Clerk to the Board 11861flistic, BY: L t1,/ �.1 I��r Deputy Clerk to the Boar,,1 �1®�pi ` 02o021-a-9021.1-- Contract Form Entity Information Entity Name* Entity ID* O New Entity? KEEFE COMMISSARY NETWORK @0001 841 2 SALES Contract Name* Contract ID Parent Contract ID 2025 KEEFE INMATE COMMISSARY CONTRACT 8880 EXTENSION Contract Lead* Requires Board Approval Contract Status MKNEE YES CTB REVIEW Contract Lead Email Department Project# mknee@weld.gov;skohlgr af@weld.gov Contract Description* CONTRACT ESTABLISHED 2022.THIS IS THE 2ND EXTENSION. Contract Description 2 Contract Type* Department Requested BOCC Agenda Due Date CONTRACT SHERIFF Date* 11/23/2024 11/27/2024 Amount* Department Email $0.00 CM-Sheriff@weld.gov Will a work session with BOCC be required?* Renewable* Department Head Email NO YES CM-Sheriff- Does Contract require Purchasing Dept.to be DeptHead@weld.gov included? Automatic Renewal County Attorney Grant GENERAL COUNTY ATTORNEY EMAIL IGA County Attorney Email CM- COUNTYATTORNEY@WEL D.GOV If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note:the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Review Date* Renewal Date 10/01/2025 12/31/2025 Termination Notice Period Committed Delivery Date Expiration Date Contact Information Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel DONNIE PATCH CHERYL PATTELLI BYRON HOWELL DH Approved Date Finance Approved Date Legal Counsel Approved Date 11/21/2024 11/21/2024 11/21/2024 Final Approval BOCC Approved Tyler Ref# AG 112724 BOCC Signed Date Originator SKOHLGRAF BOCC Agenda Date 11/27/2024 CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN COnhVA Cl-` n • r r THE WELD COUNTY SHERIFFS OFFICE AND KEEFE COMMISSARY NETWORK,LLC This Agreement Extension/Renewal("Renewal"),made and entered into this!!ay of November,2022,by and between the Board of Weld County Commissioners,on behalf of the Weld County Sheriff's Office,hereinafter referred to as the "Department",and Keefe Commissary Network,LLC,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.2021-2924,approved on 12/27/2021. 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 ends on 12/31/2022. • The parties agree to extend the Original Agreement for an additional 12-month period,which will begin 01/01/2023,and will end on 12/31/2023. • The Renewal,together with the Original Agreement,constitutes the entire understanding between the parties. • All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year first above written. CONTRACTOR: John Puricelli,Executive Vice President Printed me Signatur BOARD OF COUNTY COMMISSIONERS WELD COUNTY,COLORADO Sco K.James,Chair NOV 3 0222 .e.44: ATTEST: I1."~'� Weld Co ty I-rktotheBoar ',,\ L ` BY: , Deputy Clerk t/the B%ard ,t z� GOpStn+ 676_,,tae ( 2021-Z9 244 11/3o/2Z /'/ °/ate S0 00(12_ Contract Form New Contract Request Entity Information Entity Name* Entity ID. New Entity? KEEFE COMMISSARY NETWORK SALES g'0001841 2 Contract Name. Contract ID Parent Contract ID 2023 KEEFE INMATE COMMISSARY CONTRACT EXTENSION 6517 5469 Contract Status Contract Lead. Requires Board Approval CTB REVIEW MELBE YES Contract Lead Email Department Project# melbegico.weld.co.us,skohl grafgweldgov.corn Contract Description. CONTRACT ESTABLISHED 2022.THIS IS THE FIRST EXTENSION. Contract Description 2 Contract Type. Department Requested BOCC Agenda Due Date CONTRACT SHERIFF Date* 12/03,2022 12,07"2022 Amount. Department Email $0.00 CM-SheriffAweldgov.com Will a work session with BOCC be required?. NO Renewable. Department Head Email YES CM-Sheriff- Does Contract require Purchasing Dept.to be included? DeptHeadczweldgov.com Automatic Renewal County Attorney GENERAL COUNTY Grant ATTORNEY EMAIL IGA County Attorney Entail CM COUNTYATTORNEY@WELDG OV.COM If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note-the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in On Rose Contract Dates Effective Date Review Date. Renewal Date. 10,01'2023 12 31 2023 Termination Notice Period Committed Delivery Date Expiration Date Contact Information Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel DONNIE PATCH CHERYL PATTELLI MATTHEW CONROY DH Approved Date Finance Approved Date Legal Counsel Approved Date 11/28i2022 11,28/2022 1128+2022 Final Approval BOCC Approved Tyler Ref* AG 113022 BOCC Signed Date BOCC Agenda Date 11,30 2022 Originator SKOHLGRAF Con-ivac+- l D 4(oq WELD COUNTY AGREEMENT FOR SERVICES BETWEEN WELD COUNTY &Keefe Commissary Network Inmate Commissary and Accounting System THIS AGREEMENT is made and entered into this 1st day of November, 2021, 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"0" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and Keefe Commissary Network, LLC, whose address is 13870 Corporate Woods Trails,Bridgeton,MO 63044,hereinafter referred to as"Contractor". WHEREAS, County requires an independent contractor to perform the services required by County and set forth in Exhibit A—Request for Bid, B2100120,Inmate Commissary and Accounting System. WHEREAS, Contractor is willing to perform and has the specific ability to perform the required Services at or below the cost set forth in Exhibit B — Request for Bid Response, B2100120,Keefe Commissary Network,LLC WHEREAS,Contractor is authorized to do business in the State of Colorado and has the time, skill,expertise,and experience necessary to provide the equipment, materials and services 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 — Request for Bid, B2I00120, Inmate Commissary and Accounting System and Exhibit B — Request for Bid Response, B2100120, Keefe Commissary Network, LLC, each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. County and Contractor acknowledge and agree that this Agreement, including specifically Exhibits A and B, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements. Exhibit A consists of County's Request for Bid (RFP), Inmate Commissary and Accounting System as set forth in "Bid Package No. B2100120". The RFP contains all of the specific requirements of County. Exhibit B consists of Contractor's Response to County's Request for Bid. The Response confirms Contractor's obligations under this Agreement. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Project described in Exhibit A which is attached hereto and incorporated herein by reference. Contractor shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements of e&J LisefA,M6e0e-Dr C nS00� 02 2021 292� i2f211� /01/a8/y/ o042 Exhibits A and B within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until Contractor's completion of the responsibilities described in Exhibits A. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year.Therefore,within the thirty(30)days preceding the anniversary date of this Agreement, County shall notify Contractor if it wishes to renew this Contract. 4. Termination. 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. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to 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 County, and these items, materials and documents shall be the property of County. Upon termination of this Agreement by County,Contractor shall have no claim of any kind whatsoever against the 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 services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. 6. Compensation/Contract Amount. Contractor acknowledges no payment in excess of that amount will be made by County unless a"change order"authorizing such additional payment has been specifically approved by Weld County,or by formal resolution of the Weld County Board of County Commissioners,as required pursuant to the Weld County Code. County will not withhold any taxes from monies paid to the Contractor hereunder and 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. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after,nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by 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 Contractor. Contractor agrees that it is an independent Contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement.Contractor shall perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent,which may be withheld in County's sole discretion. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain(as applicable), the property of County. 10. Confidentiality. Confidential financial information of 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,Contractor is advised that as a public entity, Weld County must comply with the provisions of C.R.S.24-72-201, et seq.,with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell,assign, distribute,or disclose any such confidential information to any other person or entity without seeking written permission from the County. 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_ Contractor warrants that the services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards,and that all services will conform to applicable specifications. 12. Acceptance of Services Not a Waiver. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor. Acceptance by the County of,or payment for,the services completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance and Indemnification. General Requirements: Contractors/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations,goods or services provided pursuant to this request. Contractors/Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement,or any extension thereof, and during any warranty period. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor/Contract Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, its agents, representatives,employees,or subcontractors. The 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 provided,the timely delivery of said services,and the coordination of all services 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 County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions,or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract 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.This paragraph shall survive expiration or termination hereof. Types of Insurance: The Contractor/Contract Professional shall obtain,and maintain at all times 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 of the Contractor's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act.,AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance with the minimum limits as follows: $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 Personal Advertising injury $5,000 Medical payment one person Automobile Liability: Contractor/Contract Professional shall maintain limits of $1,000,000 for bodily injury per person,$1,000,000 for bodily injury for each accident,and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non-owned vehicles used in the performance of this Contract. Contractors/Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement,and shall keep in force at all times 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 Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contractor/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor/Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent Contractors, sub- vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Contractor/Contract Professional. Contractor/Contract Professional shall include all such subcontractors, independent Contractors, sub-vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contractor/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contractors, sub-vendors suppliers or other entities upon request by the County. 14. Non-Assignment.Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder,without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall,at the option of 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 County. 15. Examination of Records. To the extent required by law,the Contractor agrees that an duly authorized representative of County, including the County Auditor,shall have access to and the right to examine and audit any books,documents,papers and records of Contractor,involving all matters and/or transactions related to this Agreement.The Contractor agrees to maintain these documents for three years from the date of the last payment received. 16. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement,where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God,fires, strikes,war, flood,earthquakes or Governmental actions. 17. Notices. County may designate, prior to commencement of work, its project representative ("County Representative")who shall make,within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations,change orders, and other clarification or instruction shall be directed to County Representative. The County Representative for purposes of this Agreement is hereby identified as Lieutenant Marcy Roles-Foos. All notices or other communications(including annual maintenance made by one party to the other concerning the terms and conditions of this contract 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 contract; or (c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or Either party may change its notice address(es)by written notice to the other. Notification Information: Contractor:Keefe Commissary Network, LLC Attn.: Senior Account Manager Mike Pohie Address: 13870 Corporate Woods Trial,Bridgeton,MO 63044 E-mail:mpohie@keefegroup.com County: Name: Marcy Roles-Foos Position:Lieutenant Detention Division Weld County Sheriff's Office Address: 2110"0"Street,Greeley CO 80631 E-mail:mroles@weldgov.com 18. Compliance with Law. 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 County may engage or use other Contractors or persons to perform services 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 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 the 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 County does not create an obligation on the part of 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 state 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. 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 contract 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 County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County 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 shall have exclusive jurisdiction to resolve said dispute. 28. Public Contracts for Services C.R.S.§8-17.5-101. Contractor certifies,warrants,and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. 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). 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 Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement.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 Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that 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. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. 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 Contractor participates in the State of Colorado program, Contractor shall,within twenty days after hiring an new employee to perform work under the contract,affirm that 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. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee,and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, 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 Contractor receives federal or state funds under the contract,Contractor must confirm that any individual natural person eighteen(18)years of age or older is lawfully present in the United States pursuant to C.R.S. §24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a)is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b)shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and(c)shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. Acknowledgment. County and 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. I WITNESS WHEREOF,the parties hereto have signed this Agreement this day of ,20 . CONTRACTOR: ILPe LAW7t/a4rOV t�141N t 1i By: �r U Date 21Fdi2 f Name: ORM i14.CZ t Mk( Title: 017/ Vr WELD . S•ATTESTT. su4/1J �• �10� BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Boar# . �;L/�`WELD COUNTY, COLORADO Cartem rt \‘4 t J ` / Deputy Clerk to the BO. .$61 I( =� s 'Steve Moreno, Chair •r RI4 DEC 2 7 2021 •Oe Exhibit A � . . _ _ ._ . _ r� yyor = _ � C I I% 3r LAtI . 1 . L . 1 . REQUEST FOR PROPOSALS r. - ` � _ ;, r e1 �! y . Q t , % fd ' vt� . � a i . J W LD COON Y , CO ORADO 115oOSTREET y r . � GREELEY , CO 80631 Pi1/4P) , r - w : #_ COUNTY - - DA : AUGUST 20 2021 � . :'. PROPOSA NUMB : R : B2100120 D SCR P ON : NMA COMMISSARY SERVICES & ACCOUN ING SYS M D PAR M ' N : S RIF ' S O FILE MANDA ORY PR - BID CON RENCE : S P MB R 15 , 2021 QUESTION SUBMISSION D AD N : S PT Mit R 22 , 2021 ANSWERS POST D ON B DN T D R C : SEP MBER 27 , 2021 PROPOSAL OP NING DATE : OCTOBER 13 , 2021 1 , NO ICE TO B DDERS : he Board of County Commissioners of Weld County , Colorado , by and through its Controller ( collective y referred to herein as , " Weld County " ) , wishes to purchase the following : INMA E COMMISSARY SERVICES & ACCOUNTING SYSTEM A mandatory pre - bad conference will be held on September 15 , 2021 at 9 : 00 AM ( MDT ) at the Weld County Jail , 2110 O Street , Greeley , CO 80631 . Meet at the main entrance to the building . Bidders must participate and record their presence at the pre - bid conference to be allowed to submit proposals . Questions are due to the County by September 22 , 2021 at 5 : 00 PM ( MD ) . Email all questions to mro esAweldgov . com . Answers to questions will be posted to hops : //www . bidnetdirect . com / on September 27 , 2021 by 12 : 00 PM ( MDT ) . Proposals will be received until : October 13 , 2021 at 10 : 00 AM ( MD ) ( Weld County Purchas ' nci Time Clock ) . The submitted 9 proposals be read over a Microsoft oso Teams Conference Call on October 3 , 2021 t : 3C id ORS T ) Q To join , caE the prone number and enter the Conference ID provided beRov,f : PAG S 1 — 8 0 IS R QU _ ST OR PROPOSALS CON AN G N RA IN ORMA ON OR R QU ST NUMBER REFERRt D O ABOV . NOT A OFT IN ORMA ON CON AN DIN PAG S 1 - 8 MAY B _ APP CABL FOR V - RY PURL AS . PROPOSA SP C CS 0 LOW PAG 8 . 2 . NV TA ON O BID : Weld County requests proposals for the above - listed merchandise , equipment , and / or services . Said merchandise and / or equipment shall be delivered to the location ( s ) specified herein . Bids sha I include any and all charges for freight , delivery , conta . ners , packaging , less all taxes and discounts , and shall , in every way , be the total net price which the bidder will expect the Weld County to pay if awarded the bid . You can find information concerning this request on the BidNet Direct website at https : // www . bidnetdirect . com / Weld County Government is a member of BidNet Direct which is an online notification system being utilized by multip e non - profit and governmental entities . Participating entities post their bids , quotes , proposals , addendums , and awards on this one centralized system . Proposal Delivery to Weld County : 10 mai ed proposa s are required ® mail proposa s to buds@weldgov . com ; however , I your proposa exceeds 25MB pease up pad your bid to https : //ww . budnetdirect . com . he maximum file sze to upload to idNet Durect . s 500 MB . PDf= format is requ ' red . mai ed proposals must unclude the foliow ' ng statement on the emau ' : hereby wive my r7oihrt to) sealed b ° d " . An ema ' confurmatuon WI be sent when we receive your bid / proposal . Pease cal Purchasin Lit 97 00 - 4223 or 4222 with any quest ' ons . 3 . INSTRUCT ONS TO B DDERS : N RODUCTORY NFORMA ON : Bids sha be typewrutten or written un ink on forms prepared by the We ' d County Purchasing Department . ach bud must gave the ful busuness address of bidder and be signed by hum with his usual signature . Buds by partnershups must furnush the fu names of al partners and must be signed mouth the partnership name by one of the members of the partnership or by an authorized representative , fo ' lowed by the signature and tut e of the person sugning . Buds by corporations must be signed mouth the ega name of the corporation , fol owed by the name of the state of the incorporation and by the signature and tit e of the president , secretary , or other person authorized to bind ° t un the matter . he name of each person sugring shall also be typed or printed below the signature . A bid by a person who affixes to hus signature the word " president , " " secretary , " " agent , " or other tte without disc osing his principal , may be he d to be the bid of the ' ndividuai sugnung . When requested by the We d County Controller , satisfactory evudence of the authority of the offucer sugning on behalf of a corporation sha I be furnished . A power of attorney must accompany the signature of anyone not otherwuse authorized to bond the Budder . Al corrections or erasures sha be unita ed by the person sugnung the bid . All bidders shall agree to comply with al of the cond ' tuons , requirements , specifications , and / or instructions of thus bud as stated or imp . ed herein . A desugnatuons and prices sha I be fu y and teary set forth . Al bank spaces mil the bid forms sha be suutab y fi ed in . Rudders are required to use the Proposa Forms which are inc uded un this package and on the basis indicated in the Bid Forms . he Bid Proposa must be filed out complete y , en detain , and signed by the Bidder . ate or uns ' gned buds shall not be accepted or consudered . It is the responsibility of the bidder to ensure that the bid arrsves in the Wed County Purchasing Department on or prior to the time indicated " n Section 1 , entt ed , " Notice to Bidders . " Bids receuved prior to the time of opening moil be kept unopened un a secure p ace . No responsubi uty wit attach to the Wed County Controller for the premature opening of a bid not property addressed and identified . Buds may be withdrawn upon written request to and approval of the Weld County Control er ; sa - d request being receuved from the withdrawing bidder prior to the time fixed for award . Negligence on the part of a bidder in preparung the bud confers no right for the withdrawal of the bid after it has been awarded . Bidders are expected to sxamune the conditions , specifications , and all instructions contained her & n , fa ure to do so wi I be at the bidders ' risk . n accordance mouth Section 14 - 9 ( 3 ) of the Weld County ome Rue Charter , Wed County WI gave preference to resident Wed County bidders in all cases where sand bids are compet ' tuve in price and qua sty . t ' s a so understood that Wed County wi I give preference to supp iers from the State of Co orado , in accordance with C . R . S . § 30 - 11 - 110 ( when it us accepting buds for the purchase of any books , stationery , records , printing , uthographang or other supplies for any officer of Wed County ) . Weld County reserves the right to reject any and a I bids , to waive any informs ity in the bids , to award the bid to mu tip e vendors , and to accept the bud that , in the opinion of the Board of County Commussioners , ; s to the best interests of Wed County . The bud ( s ) may be awarded to more than one vendor . n submuttung the bud , the budder agrees that the signed bud submitted , a I of the documents of the Request for Proposa contained hereon ( unc udling , but not hilted to the product specifications and scope of services ) , the forma acceptance of the bid by Wed County , and signature of the Chair of the Board of County Commussuoners , together constitutes a contract , with the contract date being the date of signature by the Chair of the Board of County Commissioners . , . � t ti7,. . , � f .z act n : c •w: d2o : , vt ,.. . cLaa• v . . . . q ° . iilru � K saarv . S . i s1 .46.8 ^ ^ . c -. , , . : � _ n Ara n B D R QUEST # B2100120 Page 2 4. S CCESSFU BIDDER HIRING PRACTIC tS — II LEGAL ALIENS: Successful bidder certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who Will perform work under this contract. Successful bidder will confirm the ;employment eligibility of all employr?es 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). Successful bidder 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 Successful bidder that the subcontractor shall not knoingly employ or contract with an illegal alien to perf•,rm work under this Agreement. Successful bidder 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 Successful bidder obtains actu..l knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Successful bidder shall notify the subcontractor and County within three (3) days that Successful bidder 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. Successful bidder shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Successful bidder 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 epartment of Lbor anc Employment. If Successful bidder participates in the State of Colorado program, Successful bidder shall, within twenty oays after hiring a new employee t. Derf•:rm wort( under the contract, affirm that Successful bidder n s examined the legal work status of such employee, retained file copies of th` documents, and not altered or falsified the identification documents for such employees. Successful bidder shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Successful bidder fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this agreement for breach, :and if sterminated, Successful bidder shall be liable for actual and consequential damages. Except where exempted by federal law nd except as provided in C.R.S. § 24-76.5-103(3), if Successful bidder receives federal or state funds under the contract, Successful bidder must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C. !.S. § 24-76.5- 103(4), if such individual applies f public benefits provided uncer the contract. If Successful bidder operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 5. GENERAL PROVISIONS A. 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. y acceptance of the bid, Weld County does not warrant that funds will be available t•; fund the contract beyond the current fiscal year. B. Trade Secrets and other Confidential Information: Weld County discourages bidders from submitting confidential information, including trade secrets, that cannot be disclosed to the public. If necessary, confidential information of the bidder shall be transmitted separately from the main bid submittal, clearly denoting in red on the infrmation at the top the word, "CONFIDENTIAL." However, the successful bidder is advised that as a public en,ity, Wet County must comply with the provisions of C. .S. 24-72-201, et seq., the Colorado ;pen Records Act (CORA), with regard to public records, and cannot guarantee the confidentiality of all documents. The bidder is responsible for ensuring that all information contained within the confidential portion of the submittal is exempt from disclosure pursuant to C.R.S. 24-72-204(3)(a)(IV) (Trade secrets, privileged information, and confidential commercial, financial, geological, or geophysical data). If Weld County receives a CORA request for bid informatin m; irked "CONFIDENTIAL", staff will review the confidential materials to determine whether ary of them may be withheld from disclosure pursuant to CORA,-.rid disclose those portions staff determines are BID REQUEST #B2100120 Page 3 not protected from disclosure. Weld County staff will not be responsible for redacting or identifying Confidential information which is included within the body of the bid and not separately identified. Any document which is incorporated as an exhibit into any contract executed by the County shall be a public document regardless of whether it is marked as confidential. C. Governmental Immunity: No term or condition of the contract 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. D. Independent Contractor: The successful bidder shall perform its duties hereunder as an independent contractor and not as an employee. He or she shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to the contract. Neither the successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and 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 successful bidder or any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party. The successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful bidder shall not have authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the contract. The successful bidder shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County. E. Compliance with Law: The successful bidder 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. F. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. G. No Third -Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. H. Attorney's Fees/Legal Costs: In the event of a dispute between Weld County and the successful bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder. I. Disadvantaged Business Enterprises: Weld County assures that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. J. Procurement and Performance: The successful bidder agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project. The successful bidder shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements outlined in the Bid within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. K. Term: The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until successful bidder's completion of the responsibilities described in the Bid. BID REQUEST # Page 4 beyond its reasonable control, including but not limited to Acts of God, firaa, strikes, vvar, flood, earthquakes or Governmental actions. R. Nom'EsclumivmAgreennent: This Agreement io nonexclusive and County may engage oruse other contractors or persons to perform services of the same or similar nature. S. Employee Financial Interest/Conflict mf Interest —C.R.S. §§24-18-201 etmeq. and §24-50-507' The signatories to this Agreement ognao that to their knovv|mdge, no employee of Weld County has any personal or banmfio|o| interest whatsoever in the service or property which is the subject matter of this Agreement. County has no |ntonant and ahe|| not acquire any interest direct or ind|naof, that would in any manner or degree interfere with the performance of the successful bidder's services and the successful bidder shall not employ any person having such known interests. During the term of this Agreement, the successful bidder shall not engage 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 bvthe successful bidder to ensure compliance with this provision may noou|t. in Countv'e sole diocnetion, in immediate termination ofthis Agreement. No employee of the successful bidder nor any member of the successful bidder's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises the successful bidder's operations, or authorizes funding to the successful bidder. T. Sevenmbi|ity: If any term or condition of this Agreement shall be held to be inva|id, i||eQo|, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such ppoviaiun, tothe extent that this Agreement iethen capable ofexecution within the original intent ofthe parties. U. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra -judicial body orperson. Any provision tothe contrary in the contract orincorporated herein by reference shall be null and void. V. Board of County Commissioners of Weld County Approval: This Agreement shall not bavalid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. W. Compensation Amount: Upon the successful bidder's auooeemfu| completion of the oan/|ce. and County's acceptance of the same, County agrees to pay an amount no greater than the amount of the accepted bid. The successful bidder acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the County's delegated employee, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. X. Taxes: County will not withhold any taxes from monies paid to the successful bidder hereunder and the successful bidder 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. Contractor sko|| not be entitled to UU\ at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. 6. INSURANCE REQUIREMENTS Requirements:General Successful bidders must secure, at or before the time of execution ofany agreement or oonmnnenoennmn[ of any vvork, the following insurance covering all opermUona, goods orservices provided purouonttothis request. Successful bidders shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance nho|| be underwritten by an insurer licensed to do business in Colorado and rated byA.K8. Beat Company as ^A''V||| 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 Controller by certified mail, return receipt requested. Such written notice shall be sent thirty (3U) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall basent ten (1O)days prior. |fany policy iainexcess ofedeductible orself-insured retention, County must bonotified bythe Successful bidder. Successful bidder shall baresponsible forthepayment BID REQUEST# Page 6 of any deductible or self -insured retention. County reserves the right to require Successful bidder to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Successful bidder. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Successful bidder from liabilities that might arise out of the performance of the work under this Contract by the Successful bidder, its agents, representatives, employees, or subcontractors. The successful bidder shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The successful bidder is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The successful bidder 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 successful bidder stipulates that it has met the insurance requirements identified herein. The successful bidder shall be responsible for the professional quality, technical accuracy, and quantity of all materials and services provided, the timely delivery of said services, and the coordination of all services rendered by the successful bidder and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The successful bidder shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the successful bidder to conform to any statutes, ordinances, regulation, law or court decree. The successful bidder 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 successful bidder 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 successful bidder will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the successful bidder agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the successful bidder for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The successful bidder shall obtain, and maintain at all times 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 of the successful bidder's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a successful bidder or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such successful bidder or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance for bodily injury, property damage, and liability assumed under an insured contract, and defense costs, with the minimum limits must be as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury Automobile Liability: Successful bidder shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. BID REQUEST # Page 7 North Jai Complex located at 2110 "O" Street, Greeley, CO 80631. The number of inmates may vary as indicated or otherwise indicated by the Sheriff from time to time. Items such as food, candy, foodstuffs, dried coffee, and hygiene items will be sold on a weekly basis. Tobacco products of any type will not be sold; this is a no tobacco facility. No product shall be offered or sold that contains staples. Metered stamped envelopes only, as postage stamps are not allowed. In addition to commissary items the Vendor shall provide housing unit kiosks needed to order commissary. The Vendor should maintain a local Warehouse and supply sufficient personnel to deliver commissary orders to each housing area. Commissary personnel will be required to obtain a signature on each order when delivered. All items for the weekly delivery will be brought in on delivery day. No items will be stored on site unless it is part of an inmate behavior management program or ala carte sales. The Vendor will provide approved commissary products each Wednesday, of the week. The delivered product must be based upon the approved product inventory as revised from time to time in accordance with contract provisions. The delivery schedule may be modified as the population increases or as negotiated by the Vendor and the County. The Vendor shall provide Inmate Admission kits on a monthly basis, or as requested containing basic hygiene items such as a cup, comb, shampoo, deodorant, toothpaste, and toothbrush. Cost of the Admission kits may be deducted from commissions' payable. The Vendor shall provide credits for commissary products not delivered due to releases, transfer, or errors. Vendor must be able to restrict commissary orders as to items and amount based on location and by inmate based on facility -imposed restrictions as deemed necessary for the effective, safe, and secure operation of the facility and management of inmates. The Vendor will provide a weekly invoice for commissary products ordered and delivered including a report of commissions earned. The County reserves the right to designate the number of commissary days allocated for participation by the inmates. The County will notify the vender thirty (30) days in advance prior to instituting a change in the number or selection of days and/or times of the week. The Sheriff and the Detention Division Command Staff have final authority in all matters relating to commissary services within the facility. The Vendor shall provide the County a commission on sales. J. Equipment: 1. All commissary equipment provided shall be new and completely operational at cutover. 2. All equipment must be enterprise, business class rated. 3. Detailed list of equipment to be installed. White sheet information for each piece of equipment must be included with the list. 4. Inmates should have a Money Account as soon as they are entered into the system at time of booking. Describe the technical process of how inmate information and money are added or removed when they arrive or leave assuming no jail management system connectivity. The program should allow the ability to merge if two accounts are found for one inmate and the ability to assign which account is kept. 5. Inmate orders for Commissary should be taken primarily using an inmate kiosk with a backup paper solution in the event the electronic system is down. Inmates should be able to order their commissary by entering their name and a County defined inmate number into the system. 6. System will limit inmate commissary purchases based on the dollar amount as determined by the facility on dietary restrictions, classification, or housing assignment. 7. Inmate kiosks will be initially capable of providing the following information to the inmate: Account history (from date new system goes live), Commissary order entry (kiosk must show pictures of products and be bilingual), and Static pages for facility to post general information applicable to the inmates. Ability for inmates to request services such as medical information and appointments, dental BID REQUEST # Page 13 appointments and services offered by the facility through Inmate Services 8. All inmate hioeha ohoU be indestructible type kiosks suitable for use in o jai[ tannparoroof, with steel encased housings and shockproof keypads. All kiosk instruments shall bewaterproof and fineproof. All inmate kiosks will be mounted firmly to the wall in a secure manner including cabling to support the kiosk. All installations must be approved Uythe Counb/'edesignee. g. The Vendor will berequired to provide noless than two CDLobby Kiosks that are available tothe public to place money into inmate accounts. There must also be no less than one (1) additional method for the placement of money into an innnaLe'e account such as telephone or on-line avotann. Each housing unit will have at least one /1\ inmate kiosk. Americans with Disabilities Act A\DA\ designated units having no less than two (2) inmate kiosk one of which will be installed to meet ADA required standards. The Vendor will be required to provide no |aeo than two /2\ money kiosks and four (4) card readers used during the intake and release process. 10. The Vendor must design, enginemr, write, own, install, and support their own . None of these factors can Leperformed, supported, orownedbvethirdoartv 11.Taohn|ca| support must be provided at no additional charge by the Vendor's dedicated technical staff, 24hours per day, 385days per year via on8OO'phoneline. 12. Installations, training, and technical support must be provided by the Vendor's dedicated technical staff and may not beprovided bvathird party. 13. The Vendor owned commissary and accounting software must be directly linked to the Vendor's host billing evotenn so that purchases and credits posted in the oonnnniaaery software will automatically generate the Vendor invoices and credits. 14. |n the event the County will require integration with a 31 portx'e software, the Vendor must pay for said integration with the 3mparty when required bythe County. 15. Each vendor will provide previous experience in successfully integrating with jail management systems including details on the process and level of integration. Each vendor will provide a list of jail management systems |tiacapable ofintegrating with. Spillman is the cmunb/'acurrent jail management system but iachanging toCentral Square inFebruary 2O22. 1O.Each vendor will describe the evolution and provide otimeline inits software development. 17.The operating system should b8based QDMicrosoft Windows. 18.Describe the types ofdatabases used for the backandsystems. 19. Describe the typical server configurations including preferred provider. 20 Primary servers will behoused otthe NJCdata center. 21.Vendor must provide 8redundant server. 22. Vendor must provide 8 t@i|ovor plan in the event of primary server failure. 23.System should becapable ofworking inaclustered environment. 24. Diagram system components as they would work best with one another including a clustered environment. BID REQUEST# Page 14 25. Public users must remain separate from the inmate users and backend systems. 26. Backups will be performed on the system in a timely manner and will require the system to close or image database so that it can be backed up properly. Backup schedule must be provided. 27. Discuss the client configuration including whether it is a thick client or web based. 28. All transactions must include an audit trail. 29. The audit trail should only be alterable by a system administrator. 30. Data fields should be customizable to meet our business needs. 31. Code table data behind drop down fields should be customizable to meet our business needs. 32. Discuss how and when we receive major and minor upgrades. 33. All software upgrades will be provided to the County at no cost. 34. Vendor must provide a test environment for all major upgrades. System upgrades should be fully tested and QA'd prior to installation on our production servers. 35. Discuss how logins are created and maintained for system users other than inmates. 36. Logins should fit into certain user -defined roles that might include administrator, accountant, public user, inmate, etc. 37. Identify which fields are typically pulled or updated from the Jail Management System. 38. Vendor must provide an implantation plan for migration of data. Must provide data conversion. 39. There should be a web -based, view only feature included with the system. 40. All upgrades or system changes will flow through a change control process in which the vendor provides information on specific changes and provide a back out plan. 41. Discuss how training will be conducted for County employees. 42. Training should be provided to WCSO to provide first line of support for system. 43. The Vendor's system cannot be connected to the County network, and the County will not provide internet access. 44. All associated cabling and equipment will need to be Vendor supplied and supported. 45. The County may provide limited space and controlled access to secure wiring closet for the installation of equipment. Space requirements will need to be submitted with the RFP to determine if the required space is available. 46. The Vendor will need to adhere to the standard requirements for data center use. 47. Physical access to the data closet will be in accordance with County policy. 48. Detailed list of equipment to be installed. White sheet information for each piece of equipment must be included with the list. BID REQUEST #MIMM Page 15 49. Provide e project plan with e timeline for the eetup, inata|lation, and configuration of all required hardware, software, and processes. Currently the County has a limited access program with our Jail Management System for processing our Connnnhmory activities. Vendor will be responsible attheir expense to design on accounting program that will work with our current program, or at the Vendor's expense contract with our Jail Management System provider (Central Square) for the development and maintenance of an accounting program that can be integrated with our Jail Management System. The accounting system eko| provide a detailed description of all accounting nroceduraS, to include automated systems. The software must be able to maintain a permanent receivable account for each individual inmate and must be able to provide various reports on eo|ea, connnniaa|ona, and total sales by item, location, and by individual inmate. The hardware and software must be operational on an on -site and off -site basis. The program should allow the ability tomerge iftwo accounts are found for one inmate and the ability toassign which account iakept. in person to pay the bond. Vendors must list a minimum of five (5) references from facilities they provide commissary services for that are as large as or |@n]er than the Weld County Jail. References must be located in Colorado or at a nninjnnunn from the same warehouse xvhena orders will be pulled from in order to oon/|oe this contract. References will ino|ude� Facility nonne. |nnnmhe Population, Type of Jail Management Gyetenn, Contact. Address, Phone number, operational summary. Three (3) of the references will be from facilities where the vendor has inmate kiosks up and operational. The references should also include the number of kiosks, what the facility uses the kiosks for, and length of time the kiosks have been up and operational. members of the review committee the opportunity to see the vendors operation. � 1 =UnSatiSf@ctory 2= Marginal 3=Sood 10,111 IN Page 16 Scoring Criteria Description (1-5 Scale) Points Awarded Stated commission for full performance in meeting Commission Structure the requirements of the RFP. Provide appropriate hardware, software, Computer Hard/Software infrastructure, and training of county staff to facilitate efficient Inmate Commissary System. Understanding of Inmate Commissary System and desire to maintain efficient and effective operation. How vendor will initiate and fully implement Support commissary service. Proposal clarity, understanding of service, and demonstrates assurance of performance as to quality and efficiency. Vendor has local subcontractor to provide on -site Technical Service and technical support upon notification of commissary Support system discrepancies/failure as defined by facility. Vendor is an established business dedicated to providing commissary services in a correctional or Qualifications detention setting. (Length of time vendor has been in the business, current and recent history of performance, apparent capability to perform well). Reasonable and fair pricing of commissary service to i Price the inmates. € f Vendor must demonstrate understanding of importance of customer service (i.e. inmate family, friends, etc.) and how billing issues are dealt with. I Customer Service Process of resolving billing disputes and inmate requests is priority, and references are provided, demonstrating customer service level as important. I Grand Total' The evaluation committee will review all proposals to determine compliance with the requirements of the proposal. The committee reserves the right to verify credentials, conduct reference checks, and verify the companies meet the performance requirements outlined in the proposal. Product and performance demonstrations may be requested. BID REQUEST # Page 17 Entity Information Entity Name* Entity 1,D- KEEFE COMMISSARY NETWORK SALES 49,00018412 Contract Name * 2022 KEEFE INMATE COMMISSARY Contract Status CTB REVIEW El New Entity? Contract ID 5469 Contract Lead* MROLES Contract Lead Email mrolesCovelcigov.com Parent Contract ID Requires Board Approval YES Department Project # Contract Description* KEEFE INMATE COMMISSARY CONTRACT; COVERING 21112022-2/2812025 WITH AN OPTION TO RENEW FOR 2 ADDI-171ANAL YEARS OF I YEAR EACH. Contract Description 2 Contract Type Department CONTRACT SHERIFF Arnount* Department Email $0.00 CM-SheriffL;Pvreldgov.corn Renewable* Department Head Email YES CM -Sheriff - DeptHead,_&Aeldgov.com Automatic Renewal NO County Attorney GENERAL COUNTY Grant ATTORNEY EMAIL IGA County Attorney Email CM_ COUNTYATTORNEYLDG OV.COM if this is a renewal enter previous Contract ID Requested BOCC Agenda Due Date Date * 12118?12 021 1212212021 Will a work session with BOCC be required?* NO Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in On Base Contract Dates Effective Date, Review Date* Renewal Date* 09102/2024 02/28I2025 Termination Notice Meriod Committed Delivery Date Expiration Date Contact, I riformation Contact Info Contact Name Contact Type Contact Email Contact Phone I Contact Phone 2 Purchasing Pw,chasirtg AWowr Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel DONNIE PATCH CHRIS D'OMDIO KARIN MCDOUGAL DH Approved Date Finance Approved Date Legal counsel Approved E)ate 12120/2021 12/2112021 12/2112021 Final Approval BOCC Approved Tyler Ref # AG 122721 BOCC Signed Date BOCC Agenda Date 1212712021 Ofiginator SKOHLGRAF W EL.O COVNTY To: Board of County Commissioners From: Lt. Marcy Roles -Foos Date: November 1,2021 Subject: Inmate Commissary Services -Bid #132100120 Weld County received three (3) proposals to provide Inmate Commissary Services. Proposals were received from Keefe Commissary Network, Aramark Correctional Services, LLC, and Summit Food Services, LLC. Representatives from all three companies attended the mandatory pre -bid conference and submitted their proposals accordingly. Lt. Matt Elbe, Lt. Marcy Roles -Foos, Charles Eggers and Sonja Kohlgraf of the Sheriff s Office evaluated the proposals based on the following (7) criteria outlined in the RFP: Commission Structure, Computer Hard/Software, Support, Technical Service and Support, Qualifications, Price, and Customer Service. Below is a matrix indicating the company and their score in each category: Evaluation Categories Keefe Commissary Network Aramark Correctional Services, LLC Summit Food Services, LLC Commission Structure 4 3 1 Computer Hard/Software 4 4 1 Support 4 3 1 Technical Service and Support 4 4 1 Qualifications 5 2 2 Price 3 3 4 Customer Service 4 3 3 Total 28 22 13 As a result of the findings, it is my recommendation that the Inmate Commissary Services contract be awarded to the Keefe Commissary Network. Respectfully Submitted, Marcy Roles Lieutenant, WCSO Detention Division Southwest Substation 4209 WCR 24 1/2 Longmont, Colorado 80504 (720) 652-4215 Fax (720) 652-4217 Headquarters 1950 0 Street Greeley, Colorado 80631 (970)356-4015 Fax(970)304-6467 Toll Free (800)436-9276 www.weldsheriff.com Southeast Substation 2950 91h Street Fort Lupton, Colorado 80621 (303) 857-2465 Fax (303) 637-2422 Zozl-Z9zi � �0�2 10 WELD COUNTY PURCHASING 1150 O Street, Room #107, Greeley, CO 80631 E-Mail: cmpeters(c-)-weldgov.com E-mail: reverett(cDweldgov.com E-mail: rturfaweldgov.com Phone: (970) 400-4223, 4222 or 4216 DATE OF BID: OCTOBER 13, 2021 REQUEST FOR: INMATE COMMISSARY SERVICES & ACCOUNTING SYSTEM DEPARTMENT: SHERIFF'S OFFICE BID NO: B2100120 PRESENT DATE: OCTOBER 18, 2021 APPROVAL DATE: NOVEMBER 1, 2021 VENDORS ARAMARK CORRECTIONAL SERVICES, LLC 2400 MARKET STREET PHILADELPHIA, PA 19103 KEEFE COMMISSARY NETWORK 13870 CORPORATE WOODS TRAIL BRIDGETON, MO 63044 SUMMIT FOOD SERVICE, LLC 500 E 52ND ST NORTH SIOUX FALLS, SD 57104 THE SHERIFF'S OFFICE IS REVIEWING THE BIDS. 2021-2924 n/ R �o 0047' Hello