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HomeMy WebLinkAbout20192365.tiffRESOLUTION RE: APPROVE LEASE AGREEMENT RENEWAL FOR PROVISION OF COMMUNITY CORRECTIONS SERVICES AND AUTHORIZE CHAIR TO SIGN - INTERVENTION, INC., DBA INTERVENTION COMMUNITY CORRECTIONS SERVICES (ICCS) WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Lease Agreement Renewal for Provision of Community Corrections Services between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Justice Services, and Intervention, Inc., dba Intervention Community Corrections Services (ICCS), commencing July 1, 2019, and ending June 30, 2020, with further terms and conditions being as stated in said lease agreement renewal, and WHEREAS, after review, the Board deems it advisable to approve said lease agreement renewal, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Lease Agreement Renewal for Provision of Community Corrections Services between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Justice Services, and Intervention, Inc., dba Intervention Community Corrections Services (ICCS), be and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said lease agreement renewal. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of June, A.D., 2019. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLQRADO ATTEST: dith,,t) jeleo, ei Weld County Clerk to the Board BY a• eputy Clerk to the Board APPD AS T bunty Attorney Date of signature: come Ict Steve Moreno Mike Freeman, Pro-Tem EXCUSED Con James cc.:.'Sccq,),BC,(TT(SG), O.C'rc ctcc) 2019-2365 JS0007 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW RE: Consider Community Corrections Services Agreement and Lease Agreement with Intervention, Inc. DEPARTMENT: JUSTICE SERVICES DATE: 6/12/19 PERSON REQUESTING: DOUG ERLER Brief description of the problem/issue: The Agreement for the Provision of Community Corrections Services and Lease Agreement with our vendor, Intervention, Inc. (dba Intervention Community Corrections Services - ICCS) are set to expire June 30, 2019. Changes made include setting new annual periods of service, changes in certain allocation line items adjusted by the State and the annual lease amount. Please recall, the board recently approved a new 5 -year Master Contract with the State for community corrections services; these Agreements articulate roles and responsibilities. I conferred with Don Warden and Toby Taylor on the Lease Agreement and both agree on the new amount. I then asked Bob Choate to review both Agreements, and he supports approval. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) Option 1. Option 2. Approve as a future hearing agenda item and authorize Chair to sign Schedule Work Session Recommendation: Option 1. Weld County remains in very good standing with these services. Local control and support are paramount to its success. Thank you for your consideration. Approve Recommendation Sean P. Conway Scott James Mike Freeman, Pro -Tern Barbara Kirkmeyer, Chair Steve Moreno Schedule Work Session Other/Comments: 2019-2365 Justice Services Department 915 10th Street, #334 P.O. Box 758 Greeley, CO 80632 Phone: (970) 336-7227 Fax: (970) 392-4677 MEMORANDUM To: Board of County Commissioners From: Doug Erler, Director Re: Consider Agreement for the Provision of Community Corrections Services and Lease Agreement with Intervention Community Corrections Services (ICCS) and Authorize Chair to Sign Date: June 24, 2019 These items were presented to you as a Pass Around on June 12, 2019. Both have been reviewed by the County Attorney's office, Finance and Building and Grounds department. They now come before you for your final review and approval. The most notable revision to the Agreement for the Provision of Community Corrections Services, are new allocation rates set by the State to Weld County for upcoming SFY 19-20. This Agreement carries forward virtually all that is set forth in the new 5 -year Master Contract between Weld County and the Colorado Department of Public Safety. Regarding the Lease Agreement, the most notable revision includes a 2.3% increase in the annual lease amount. I respectfully request the Board approve both Agreements and authorize the Chair to sign. Thank you. LEASE AGREEMENT THIS LEASE AGREEMENT is made and entered into this 2- ii day of June, 2019, by and between the COUNTY OF WELD, a political subdivision of the State of Colorado, by and through the Board of County Commissioners of the County of Weld, hereinafter referred to as "Lessor," and INTERVENTION, INC. d.b.a. Intervention Community Corrections Services ("ICCS"), a Colorado Nonprofit Corporation, hereinafter referred to as "Lessee." This Lease Agreement sets forth the entire agreement between the Lessor and Lessee on the subject matter herein. This Lease Agreement herein, hereby supersedes all prior lease agreements, and covenants, expressed or implied, oral or written, with respect to this Lease Agreement. WITNESSETH: That in consideration of the keeping and performance of the covenants and agreements by Lessee, hereinafter set forth, Lessor hereby leases unto Lessee the Weld County Community Corrections Facility, located at 1101 H Street, Greeley, CO 80631, hereinafter referred to as "the Facility" or "the Leased Premises." Lessor and Lessee understand that the Facility shall consist of a housing unit for up to two -hundred twenty-eight (228) male and/or female offenders (otherwise referred to as residents). Use of the Facility shall be for the operation of a community corrections program and related services. Such use shall include access to and around the Leased Premises, including parking and recreational areas, for residents, visitors and associated personnel of Lessee. 1. Lessee, in consideration of the leasing of the aforesaid Facility, covenants and agrees, as follows: a. To pay rent to Lessor at the following rates: i. For the period 2019-2020, Twenty -Five Thousand and Two Hundred and Eighty -Seven dollars per month ($25,287). ii. For the period 2019-2020, monthly rent was determined by ongoing utility costs of the facility, depreciation of the building, and any other maintenance costs incurred by the county, and the previous year's rent may be increased accordingly, but in no event shall the increase exceed 10%, with said rental rate being communicated to Lessee no later than May 2020. iii. All rental amounts set forth above shall include all electric, water and gas utility usage by Lessee. Rent will be paid on the first day of each month for the leased days in that month. All rent shall be made payable to "Weld County, Colorado," at offices designated by Lessor. iv. Late Payment. Rent not paid within ten (10) business days of the date when due hereunder shall be subject to a late charge until paid to one and one-half percent (1'/2 %) per month 1 owi9--023Co�' from the date when due, until paid. In addition, if any installment of rent is not paid within ten (10) days of the date when due hereunder, Lessee shall pay to Lessor a late payment charge equal to ten percent (10%) of the amount of such delinquent payment of rent in addition to the installment of rent then owing. Such charges shall be payable only after nonpayment by Lessee continues for a period of five (5) business days after notice of default has been given by Lessor. Lessee acknowledges that late payment of rent will cause Lessor to incur costs not contemplated by this Lease Agreement, the exact amount of which is extremely difficult and impracticable to ascertain at this time. Accordingly, the parties agree that the foregoing late charges represent a reasonable estimate of the loss and expense to be suffered by Lessor due to Lessee's late payment. b. To be responsible to pay for and provide all meals to residents. Lessee shall also arrange for the provision, stocking and maintenance of all vending machines located on the Leased Premises. c. To use reasonable and ordinary care when using the Facility. Lessee shall be responsible for damage to the Facility and furnishings provided by Lessor therein that is outside of or in addition to what is considered reasonable wear and tear. Lessee shall not use the Facility in such a way to cause disorderly conduct, noise or nuisance. Lessee shall not install any signage, window lettering or other forms of advertising in or around the Leased Premises, unless approved by the Lessor. Lessee may post temporary signs in the Facility according to Lessee's operational needs. All requests by Lessee to erect wall hangings and bulletin boards may be submitted to the Weld County Justice Services Department for evaluation of necessity and final determination by Lessor. d. To sublet no part of the Facility. e. To use the Facility for no purposes other than conducting the business of a community corrections program. A community corrections program shall be defined as a program that provides the Judiciary, the Department of Corrections, and the State Board of Parole with more flexibility and a broader range of correctional options, to include residential or non-residential supervision and services of and for offenders under the jurisdiction of such entities. Lessee shall adhere to all provisions of the Colorado Community Corrections Standards as promulgated by the State of Colorado, Department of Public Safety, Division of Criminal Justice, and Office of Community Corrections. Furthermore, Lessee shall adhere to all requirements of its Agreement with the Board of County Commissioners of Weld County to provide community correctional services. The provision of "out -client" services by Lessor at the Facility will be allowed only if determined by Lessor to be acceptable in accordance with zoning requirements. Out -Client services may include monitored sobriety/screening related services to offenders. f. To keep the Leased Premises in a clean and sanitary condition, and to keep the Leased Premises "smoke free" (except in those areas specifically designated outside where smoking is allowed). Cleanliness at the Facility shall meet reasonable and ordinary standards for a community corrections facility. The Lessor's Buildings and Grounds Department ("B&G") and Justice Services Department shall conduct periodic, "no -notice" inspections of the Facility to determine if this standard of cleanliness is being met. Issues of cleanliness shall be documented and addressed to Lessee for correction within five (5) calendar days. Lessee shall arrange and pay for onsite, easily accessible trash removal services. Any material modification to the Facility shall 2 require approval from Lessor, with the issuance of proper building permits, if necessary. All requests for material modification to the Facility shall be submitted to the Justice Services Department for evaluation of necessity and final determination by Lessor. g. To allow Lessor, at any hour of the day or night, to enter the Facility. Lessor shall provide professional courtesy when entering the Facility for inspections and/or maintenance by endeavoring to contact Lessee's staff prior to such entry. Lessor shall have the authority to inspect the Facility to ensure that the terms and conditions of this Lease Agreement are being met. Department staff and/or designees of Lessor shall conduct inspections regarding compliance with state standards for operations of the community corrections program. h. To provide necessary office equipment, furniture, and furnishings not otherwise placed by Lessor into service within the Facility as previously listed as "Exhibit A" (furnishing plan) from earlier Lease Agreement(s) between Lessor and Lessee. Items on this exhibit shall remain in effect for this Lease Agreement. J. To provide network connectivity, internet and cable services through a provider, which is independent of Lessor's network; Lessee is not allowed access to Lessor's network. In addition, Lessee is solely responsible for the procurement of and payment for technical support needed to support its network; Lessor has no responsibility for technical support for Lessee's network. Lessee is solely responsible to support its own computer and telephone related hardware. This requirement includes Lessee's supplying all telephones and/or cell phones that Lessee will need during the term of the lease for Lessee's use in its operations. Lessee shall assume full financial responsibility for the repair of damage to any cable, jack, or other item of equipment in the Facility. All repair and maintenance work to Lessee's network connectivity, internet and/or cable services must be performed by a Weld County approved third party vendor, and if needed scheduled by a Weld County representative. Upon termination of this Lease, Lessor will ensure that all cable and data jacks are in working order. Lessee is financially responsible for all expenses associated with any required repair. Lessor may require the Lessee to comply with further necessary network connectivity requirements to satisfy Lessor's Information Technology and/or Phone Services specifications. To be solely responsible for the coordination of and/or access to all medical care provided to the residents at the Facility, and to be solely responsible for administering basic first aid and/or CPR for said residents. Lessee shall also be responsible to store and monitor any medications needed by residents at the Facility. k. To be responsible for the cost of all repairs to the Facility, including the building, fixtures, equipment and furnishings, which are required by damage directly caused by offenders, residents, visitors and/or Lessee personnel misuse, abuse, and criminal acts, except as otherwise deemed by the Lesser. Lessee shall use its best efforts to ensure the extended life of the Facility. Such methods and maintenance shall include, without limitation: regularly inspecting for signs of rust or peeling; inspecting and repainting walls when chipping or peeling is overtly evident; inspecting areas for rust or corrosion; inspecting caulking around applicable lights and penetrations; checking for proper placement and recharging of fire extinguishers every 12 months. Lessee agrees not to 3 engage in any material construction, renovation, and repair or maintenance work of the Facility (interior, exterior and/or structural) without first obtaining the approval of Lessor to the plans and specifications for such work. In such event, the work shall be performed subject to the following conditions: i. Lessee shall be responsible for obtaining all required approval from Lessor. Lessee shall submit requests to the Justice Services Department for evaluation of necessity and final determination. ii. All work shall be done in a good and professional manner and in compliance with the applicable building and zoning laws, and with other applicable codes, laws, ordinances, orders, rules, regulations and requirements of all federal, state and municipal governments and the proper departments, boards and offices thereof and shall be subject to Lessor's reasonable acceptance. If such work is not done in a manner, which is reasonably acceptable to Lessor, Lessor shall have the right to correct such work, and Lessee shall pay the cost and expense of such correction to Lessor immediately upon demand by Lessor. iii. All work done by the Lessee, in or to the Facility shall be at Lessee's sole cost and expense and Lessee shall be wholly responsible to all contractors, subcontractors, laborers and material personnel therefore. Lessee shall pay for all or any of the foregoing so that no lien shall be asserted against the Facility. iv. All work made, done, and/or constructed in the Facility by Lessee shall become the property of Lessor at the termination of this Lease and shall remain in the Facility and be surrendered with the Facility. v. Lessee shall obtain prior consent of Lessor to engage in general maintenance activities for the Facility. Upon initial consent, Lessee shall not be required to inform Lessor of ongoing general maintenance activities unless for cause by Lessee or Lessor. All such activities shall be conducted at Lessee's sole cost and expense. 1. To provide a one-time deposit in the amount of five thousand dollars ($5,000), non -collaterally transferable from any and all previous covenants, agreements or leases thereof, to cover the cost of repairs described in paragraph 1. k., above. For the purpose of this Lease Agreement, Lessor has received said deposit. m. To provide all staff required for the supervision of all offenders, residents and visitors in the Facility. n. To be solely responsible for providing the program and management required of a community corrections facility; except as specifically in this Lease Agreement. Lessor shall be under no obligation to provide services relating to the operation of a community corrections program, unless expressly agreed upon by both parties and for matters considered necessary to carry forth this Lease. 4 o. To indemnify and hold harmless Lessor, its employees and agents, from any and all claims, suits, expenses, damages or other liabilities, including reasonable attorney fees and court costs arising out of damage or injury to persons, entities or property caused or sustained by any person or persons as a result or any intentional or negligent act(s) by Lessor or Lessee, or by any of the offenders, residents and visitors held and/or receiving services at the Facility. P. q. To abide by all applicable laws and regulations or any governmental entity, the Board (including the Community Corrections Board of Weld County), commission or agency having jurisdiction over the leased premises. Lessee 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. To obtain and maintain comprehensive public liability insurance providing coverage from any and all loss occasioned by an accident or casualty on or about the Leased Premises. Said liability policy shall be written on an "occurrence basis" with limits of not less than $1,000,000 bodily injury liability coverage and $600,000 property damage liability coverage, naming Lessee as the insured. "Weld County, the Board of County Commissioners of Weld County, its employees and agents," shall also be listed as additional named insured on all such policies. Said coverage may be partially satisfied through the insurance coverage requirements of the Lessee's Agreement with Lessor through its Community Corrections Board. Certificate(s) for the required insurance shall be delivered to Lessor on or before the effective date of this Lease Agreement and shall provide that the insurance cannot be cancelled or changed without the written consent of Lessor. Lessee shall insure the Facility for replacement or repair in case of catastrophic loss. r. To sustain a Continuation of Operations Plan ("COOP") in conjunction with and/or defined by the Board, Community Corrections Board, the Weld County Continuation of Government ("COG") Team, the DOC, SJB, Parole Board and/or Justice Services Department. This plan may need emergency use of the Facility for purposes defined by the Board of County Commissioners and in coordination with Lessee. s. To protect Lessor and save and hold it harmless from any and all third -party claims and damages that may directly or indirectly be caused by the operation of a community corrections program in the leased Facility, and further agrees to indemnify and save harmless Lessor, its successors, assigns, employees and agents from any damage or injuries sustained by them to the extent caused by Lessee's negligence. t. To understand and agree that this Lease is subject to all applicable terms and conditions set forth in the Master Contract by and between the State of Colorado, Department of Public Safety and its Division of Criminal Justice, and the Board of Commissioners of Weld County, on behalf of the Community Corrections Board, and all terms and conditions set forth in the separate Agreement for the Provision of Community Corrections Services document between the Lessor (Weld County) and Lessee (Intervention Inc.) of even date herewith. u. To supply pillows, sheets, portable personal storage containers, totes, and blankets to its residents at the Facility. All such property shall remain the property of the Lessee. 5 v. To supply all cleaning chemicals and supplies, vacuum cleaners, paper towels, mops, mop buckets, brooms, ice removal materials, and dispensed soap. All such property that is unused at the end of the lease period shall be the property of the Lessee. At Lessee option, Lessee may supply universal recycling bins and arrange for pick up services. w. To arrange for the provision of and maintenance for commercial laundry equipment at the Facility, including detergents, which may include coin -operated machines, for resident use within the Facility. All income derived therefrom shall go to the Lessee. All laundry services for the Facility, including for linens and blankets, shall be the responsibility of the Lessee. x. To provide prompt snow removal for all sidewalks and entrances to the Facility. y. To understand and agree that vending services (i.e. snacks, soda) and/or change machines shall be at the sole discretion of the Lessee. Lessee is solely responsible to maintain vending machines or change machines at the Facility and in coordination with its third party. 2. Lessor, in consideration of the lease payments received for the lease of the Facility, covenants and agrees, as follows: a. To provide the furnishings, pay phones, keys, and DVR/security systems listed in the original Exhibit A (furnishing plan) in previous Lease Agreement(s) with Lessee. b. To pay for and support all utilities, heating, ventilation, and air conditioning. Lessor shall provide pest control and basic lawn care/landscape services necessary to properly upkeep the Facility. Lessor shall provide snow removal and ice melt for the parking lot, only. c. To allow computer/telephone cabling and jacks within the Facility to be available for Lessee's network and telephones only as approved by Information Technology and Phone Services serving Lessor. d. To understand and agree that Lessee is responsible to coordinate with the Weld County Sheriff's Office and/or the Greeley Police Department to ensure that as part of their normal duties, necessary security controls for the perimeter of the Facility are in place. e. To request and have procedures in place with the Greeley Police Department to transport non- compliant offenders, residents terminated from the program to the Weld County Jail. f. To allow Lessee personnel and approved visitors of Lessee to park vehicles on the parking lot of the Leased Premises. Parking of vehicles shall be for business purposes only. Trailers, boats, recreational vehicles or unregistered vehicles shall not be allowed on any of the Leased Premises, unless specifically approved by the Lessor. Vehicles must be parked in an orderly fashion. No vehicle maintenance may be performed on the premises of the Facility assigned to the Lessee. The Lessor, at the Lessee's expense, may remove disabled vehicles and unregistered vehicles at any time. Parking, pick up or drop off of any personnel, offenders, residents or persons associated by the Lessee shall only be allowed from within the designated parking areas around the facility. No parking or pick up/drop off activities of any kind shall occur alongside H 6 Street or 11th Avenue, except by the Greeley Evans Transit ("bus") at the designated spot along H Street. g. To restrict the Lessee from the Lessor's computer/telephone room (SE corner of the Facility), unless otherwise authorized by Lessor. Camera/DVR equipment for security systems in the Facility shall be supplied and supported by Lessor. Access to such equipment shall be restricted to Lessor; however, Lessee shall have access to the images stored thereon for the purposes of maintaining security in the Facility. h. To install and maintain landline pay phones for use by the residents, with a pre -approved percentage of all income derived therefrom going to Lessor. Lessee shall request pre -paid phone cards for its offenders, residents with Lessor's Justice Services Department. The Justice Services Department shall process all requests with Lessor's sub -contractor of pay phones as well as process all associated funds. To perform maintenance and repairs related to the Facility, equipment and furnishings within the Facility when it is clear that said work is beyond the scope of work of Lessee, as stated in Section 1.k of this lease. Lessee shall inform the Justice Services Department that such services are needed. Justice Services Department personnel shall enter an electronic work order(s) to the B&G Department ("B&G Work Order") describing work needed. In the event of an after normal business hours emergency, Lessee shall directly inform the B&G Department. All requests shall be processed in order of priority. Furthermore, the parties hereto agree as follows: 1. Except as required for the performance of Lessor's obligations, when Lessor's personnel are required, Lessee shall provide all personnel needed to operate the Facility, and to provide the services required to operate a community corrections facility. No Weld County employees shall perform services related to the operations of the Facility as a community corrections program. 2. Any other use of the Facility by Lessee must be approved by Lessor. Such use shall not displace services in any all agreements or contracts between Lessor and Lessee. The Lessor shall retain the right to inform the Lessee to remove any such additional offender population. All expenses associated with removing such additional offender population and housing them elsewhere shall be borne by Lessee. 3. That no assent, express or implied, to any breach of any one or more of the covenants or agreements hereof shall be deemed or taken to be a waiver or any succeeding or other breach; 4. Lessee and Lessor acknowledge that a pre -occupancy inspection was already completed. Defects or condition(s) found during this inspection were documented in writing and photographed when necessary; 5. At lease termination, Lessor and Lessee shall complete a post -occupancy inspection. Any post - occupancy defects or condition(s) found shall be documented in writing and photographed. Documentation relating to the pre and post -occupancy inspections shall be the basis for the resolution of any disputes relating to Lessee's responsibility for repairs under this Lease. Where 7 applicable, the deposit required in Section 1.1., above, may be drawn upon by Lessor to cover such expenses. 6. The duration of this lease shall be for one (1) year, starting on the 1st day of July 2019, through the 30th day of June 2020, renewed for additional terms upon the written consent of both parties and contingent upon funding from the Department of Public Safety, Division of Criminal Justice. Lessee or Lessor may terminate this Lease Agreement earlier upon a ninety (90) day written notice or as otherwise noted in the Agreement for the Provision of Community Corrections Services between the parties. 7. No part of this Lease Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess, nor shall any portion of this Lease Agreement be deemed to have created a duty of care that did not previously exist with respect to any person not a party to this Lease Agreement. 8. It is expressly understood and agreed that the enforcement of the terms and conditions of this Lease Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties, and nothing in this Lease Agreement shall give or allow any claim or right of action whatsoever by any persons not included in this Agreement. It is the express intention of the undersigned parties that any entity or person(s) other than the undersigned parties, who receive services or benefits under the terms of this Lease Agreement, shall be incidental beneficiaries only. 9. If any term or provision of this Lease Agreement shall be held by a Court of competent jurisdiction contrary to law or otherwise invalid or unenforceable, the remaining provisions of this Lease Agreement shall remain in full force and effect and shall be deemed valid and enforceable to the extent permitted by law. 10. 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 Lease 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. 11. It is expressly understood by the parties to this agreement that nothing in this Lease Agreement shall be deemed to make Lessor a partner, agent associate or joint venture with Lessee in the conduct of Lessee's business, it being expressly understood and agreed that the relationship between the parties hereto is and shall at all time remain solely that of Lessor and Lessee. 8 IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals the day and year first written above. LESSOR: ATTEST: ��';4,�, BOARD OF COUNTY COMMISSIONERS Weld County er to the Bpard WELD COUNTY COLORADO: By: Deputy Clerk Approv As To F_ i Controller Approved As To Form: County Attorney LESSEE: INTERVENTION, INC. By: elly Seng - ; er, President By. J k Barbara Kirkmeyer, Chair / JUN 2 Approved As To Substance: Departm t7 SUBSCRIBED/ D SWORN to before me this Ihday of SW ,32Qjq WITNESS my hand and official seal. /!�- Notary Public My commission expires: /0/2/4.2 - VALERIE MICCIULU NOTARY PUBLK - STATE OF COLORADO NOTARY ID 20104035064 MY COMMISSION EXPIRES OCT 21, 2022 9 02-011-0.15.0 Hello