HomeMy WebLinkAbout20181999.tiffRESOLUTION
RE: APPROVE 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 an 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 Weld County Corrections
Board, and Intervention, Inc., dba Intervention Community Corrections Services (ICCS),
commencing July 1, 2018, and ending June 30, 2019, with further terms and conditions being as
stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Agreement 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 Weld County Corrections Board, and
Intervention, Inc., dba Intervention Community Corrections Services (ICCS), be and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 27th day of June, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dotAvo J���
Weld County Clerk to the Board
BY:
APPR
oun y • ttorney
ike Freeman
Date of signature:Wlc,1/ 18'
Ste,ye Moreno, Chair
rbara Kirkmeyer
Sean P. Conway
ro-Tem
CC: r5 (DE)
D8 -4y-18
2018-1999
JS0006
BOCC STAFF USE
Date Set: Time:
BOARD OF COUNTY COMMISSIONERS - WORK SESSION COVER LETTER
Department/Office: Justice Services Date: 6/20/18
Work Session Topic/Title: Consider Renewals for Agreement for Provision of
Community Corrections Services and Lease Agreement with Intervention Community
Corrections Services (ICCS)
Person requesting work session: Doug Erler Extension: 4847
Has your commissioner coordinator/BOCC chair approved the work session?
X Yes, commissioner coordinator
X Yes, BOCC chair
Recommended length of time needed for discussion:
X 15 minutes 20 minutes 30 minutes _ other (list)
In addition to yourself and the board, please list who should attend:
Bruce Barker, Frank Haug and Don Warden
Brief description of the issue: (please select one) ElInformational only XX Action needed
The Agreement for Provision of Community Corrections Services and Lease Agreement
with our vendor, ICCS are set to expire June 30, 2018. (For ease of administration and
allocation purposes, these agreements mirror the State Fiscal Year.) These proposed
renewals were initially presented to you as a Pass Around and direction was given to
schedule a Work Session. Other than the listing of certain changes to funds allocated by
the State to Weld County to ICCS, and setting new dates, there are no major changes to
the Agreement for Provision of Community Corrections Services. Other than setting new
dates, no changes to the Lease Agreement.
Enclosed are the proposed renewals for your review. Frank Haug previously reviewed
both documents, and I also conferred with Toby Taylor and Don Warden on the Lease
Agreement renewal, both expressing no concerns.
Options for the board:
1. Set for hearing and authorize Chair to sign
2. Amend Agreement(s)
3. Consider other options
Recommendation to the board:
1. Set for hearing and authorize Chair to sign
BOARD CHAIR USE
Results/Outcomes:
ce 75COE,)
oCorB$rlS'
2018-1999
0-500000
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
RE: Consider Renewals for Community Corrections Services Agreement and Lease Agreement
DEPARTMENT: Justice. Services DATE: 6/13/18
PERSON REQUESTING: Doug Eder
Brief description of the problem/issue:
-The Agreement for Provision of Community Corrections Services and Lease Agreement with our vendor, Intervention
Community Corrections Services (ICCS) are set to expire June 30, 2018. (For ease of administration and allocation
purposes, these agreements mirror the State Fiscal Year.) Changes made for these renewals include setting new term
of service and lease periods for another year and denoting changes in certain allocation line items adjusted by the State.
A Master Contract between the State and Weld County is already in place and in good standing; funds are set annually
by the State, allocated to Weld County and our Department approves/facilitates pass-thru payments monthly to ICCS
based on offender placement utilization at the facility. Frank Haug reviewed these documents and he said they looked
good. I also conferred with Don Warden and Toby Taylor on the Lease Agreement amount and both were fine with it.
What options exist for the Board? (Include consequences, impacts,,costs, etc. of options) '
Option I. Approve as a future Consent Agenda item and authorize Chair to sign
Option 2. Schedule Work Session
Recommendation:
Option 1. Thank you for your consideration.
Approve Schedule.
Recommendation Work Session
Sean P. Conway
Julie A. Cozad
Mike Freeman r vF
Barbara Kirkmeyer, Pro-Tem
Steve Moreno, Chair r1't
Other/Comments:
AGREEMENT RENEWAL FOR PROVISION OF COMMUNITY CORRECTIONS SERVICES
BETWEEN THE WELD COUNTY JUSTICE SERVICES DEPARTMENT AND INTERVENTION, INC.
This Agreement Renewal ("Renewal"), made and entered into Z7 day of JUNE 2018, by and between
the Board of Weld County Commissioners, on behalf of the Weld County Department of Justice Services,
hereinafter referred to as the "Department," and Intervention, Inc., 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. 2017-1882, and approved on June 29,
2017.
WHEREAS the parties hereby agree to renew the term of the Original Agreement in accordance with
the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided
herein.
NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows:
• The Original Agreement will end on June 30, 2018.
• The parties agree to renew the Original Agreement for an additional year period, which will begin July
1, 2018, and will end on June 30, 2019.
• The renewal, together with the Original Agreement, constitutes the entire understanding between the
parties. The following change is hereby made to the Agreement:
1. Responsibilities of the State: Section A, 2. the daily rate of $42.68 for residential placement of any
offender defined as Diversion, Transition, Condition of Probation IRT or Condition of Parole shall
change to the daily rate of $43.11, for Non -Residential Diversion from $6.22 per day to $6.28 per day,
the Offender Correctional Treatment Support Services fund from $110,000 to up to $100,000 and a
new fund of $13,900.73 for Subsistence Support. Subsistence Support funds may be used only after the
end of September of this Renewal Agreement period and only after the Colorado Division of Criminal
Justice, Office of Community Corrections sets forth guidelines in how to use these funds.
2. Pursuant to the 2017 Colorado Community Corrections Standards, Section CD -100: Engaging
Community Support, the Contractor shall ensure offenders are able to engage in the community and
with faith -based organizations.
• All other terms and conditions of the Original Agreement remain unchanged.
020/f x`999
AGREEMENT RENEWAL FOR PROVISION OF COMMUNITY CORRECTIONS SERVICES
BETWEEN THE WELD COUNTY JUSTICE SERVICES DEPARTMENT AND INTERVENTION, INC.
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year
first above written.
CONTRACTOR:
Printed
Signature
ATTEST:
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
APPRQLLED AS TO F N :
' 4-'4464
Controller
APPROVED AS TO FORM:
.I r&Jveti-i o n
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Steve Moreno, Chair JUN 2 7 2018
rtment
,20/f -/f 9
RESOLUTION
RE: APPROVE AGREEMENT FOR PROVISION OF COMMUNITY CORRECTIONS
SERVICES AND AUTHORIZE CHAIR TO SIGN - INTERVENTION, INC., DBA
INTERVENTION COMMUNITY CORRECTIONS SERVICES (ICCS)
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Agreement for Provision of Community
Corrections Services between the County of Weld, State of Colorado, by and through the Board
of County Commissioners of Weld County, on behalf of the Weld County Corrections Board, and
Intervention, Inc., dba Intervention Community Corrections Services (ICCS), commencing July 1,
2017, and ending June 30, 2018, with further terms and conditions being as stated in said
agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Agreement for Provision of Community Corrections Services between
the County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, on behalf of the Weld County Corrections Board, and Intervention, Inc., dba
Intervention Community Corrections Services (ICCS), be and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 26th day of June, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WELIZCOUjaITY, COLOf3APO
ATTEST: d. M -�Cdgo%�
Weld County Clerk to the Board
BY:
APP
uty Clerk to the Board
Julie A. Cozad, Chair
Steve Moreno, Pro -Tern
Sean P.
Conway
I Lit eP
ike Freeman
6
ounty orney t r " ' i.il�uu th��P ��t.� r
ara Kirkmeyer
Date of signature: -1 Win
!f
Cc. : 75C OE)
%Pint 7 2017-1882
JS0006
Q•
AGREEMENT FOR THE PROVISION OF COMMUNITY CORRECTIONS SERVICES
THIS AGREEMENT, effective this 26 day of June, 2017 by and between the Board of
Commissioners of Weld County ("the Board"), PO Box 758, Greeley CO 80632 on behalf of the Weld
County Community Corrections Board, ("Community Corrections Board") and Intervention Incorporated,
(d.b.a. Intervention Community Corrections Services "ICCS") 1333 West 120th Avenue, Suite 101,
Westminster, Colorado 80234 hereinafter referred to as "the Contractor."
1. WHEREAS, authority exists in the law and funds for the current fiscal year have been budgeted
by the State of Colorado, appropriated and otherwise made available and a sufficient
uncommitted balance thereof remains available for encumbering and subsequent payment of this
agreement; and
2. WHEREAS, required approval, clearance and coordination has been accomplished from and with
the State of Colorado; and
3. WHEREAS, the Board has an ongoing contract with the Colorado Department of Public Safety,
Division of Criminal Justice, to provide community corrections services pursuant to Title 17, Article
27, and Section §18-1.3-301, C.R.S., as amended, and desires to enter into an .agreement with
intervention incorporated, for the provision of such services.
NOW THEREFORE, subject to the terms, conditions, provisions and limitations contained in this
Agreement, the Board and the Contractor agree as follows:
I. STATEMENT OF WORK
Responsibilities of the Contractor
A.
Approval. The Contractor shall be approved by the local community corrections board in their
jurisdiction and operate pursuant to Title 17, Article 27, and Section §18-1.3-301, C.R.S., as
amended.
B. Description of Services. The Contractor shall provide residential, non residential and certain
vocational and rehabilitative services to 1) offenders referred by the Department of Corrections
(DOC), 2) offenders referred by the State Judicial Branch (SJB), 3) offenders referred by the State
Board of Parole, or 4) offenders referred .by SJB pursuant to Section §19-2-907, Section §19-2-
907(1)(b), Section §19-2-908, and Section §19-2-910, CRS., as amended, or as otherwise
approved by the Community Corrections Board and the Board.
C. Standards. The Contractor shall meet, maintain, and comply with all applicable guidelines or
standards as provided in Title 17, Article 27, and Section §18-1.3-301, CRS, as amended, and the
"Colorado Community Corrections Standards," as revised or amended by the Colorado
Department of Public Safety. Non-compliance and/or willful disregard with applicable guidelines
or standards may result in reduction of compensation rates as specified in Paragraph 2.A.2.,
herein; cessation of offender placements in the program; implementation of a corrective action
plan with a professional consultant as approved by the Contractor and the Community Corrections
Board and the State, with all costs borne on the Contractor; implementation of an increased
staffing pattern by the Contractor to ensure adequate offender care and supervision;
implementation of a competitive bid process to consider alternative program providers; or
ao /7-417,--'
termination of the Agreement.
D. State and Local Regulations. The Contractor shall comply with all state, county and local health,
safety, fire, building and zoning requirements.
E. Victim Rights Act. The Contractor shall comply with Section §24-4.1-302.5, Section §24-4.1-303
and Section §24-4.1-304 C.R.S., as amended, commonly known as the Victim Rights Act and
enabling legislation.
F. Immigration Reform Control Act. The Contractor shall comply with all federal and state laws,
including the Immigration Reform Control Act in all hiring practices.
G. Americans with Disabilities Act. The Contractor shall comply with all applicable titles of the
Americans with Disabilities Act (Public Law 101.336) and submit documentation as required by
the State or the County to demonstrate compliance with this Act.
H. Client Files. The Contractor shall maintain individual electronic and hard files for each offender
participating in the Contractor's program as required by the DOC/SJB/Parole Board or as
otherwise specified by the Community Corrections Board or the Board. Such files and criminal
history records shall be maintained and disseminated pursuant to federal and state regulations.
Reports. The Contractor shall provide timely, prompt, and accurate reports as are or may be
required by the State, DOC, SJB, or the Community Corrections Board during 'the period of the
Agreement, which include but are not limited to statistical reports, caseload data, required entries
into the Community Corrections Information and Billing ("CCIB") computer system, survey
questionnaires and other records documenting the types of services provided and the identity of
the individual offenders receiving such services. Computerized termination forms and related
offender data must be completed by the Contractor's program staff, as prescribed by the State, for
each offender served, and shall be completed with the requirements of the State and the
Community Corrections Board.
J. Fugitive Reporting System. Pursuant to Section §17-27-104 (11), C.R.S., the Contractor shall
report any probable escape of any offender funded pursuant to this Agreement in effect at the
time of the escape. Program staff shall also provide the State information about any offender who
escapes from its supervision. The Contractor shall provide to the Community Corrections Board
with monthly escape reports of all offenders reported as escapees, whether Diversion or
Transition offenders or as otherwise specified by the Community Corrections Board.
K. Supervision of Offenders. The Contractor shall provide 24 -hour -a -day, seven -day -a -week staff
supervision of the offenders assigned to the residential facility as specified in the "Colorado
Community Corrections Standards." Further, Contractor shall provide non-residential supervision
of those applicable offenders referred by the SBJ and in accordance with the "Colorado
Community Corrections Standards."
L. Method of Billing. The Contractor shall bill the State for services provided on such forms and in
such manner as the State may require. For the billing to be approved and accepted by the
Community Corrections Board, the signature of the appropriate probation/parole liaison or board
representative, confirming the accuracy of the billing is required. Billing shall be submitted through
CCIB and/or at the sole discretion of the State, on a Community Corrections Billing electronic form
2
provided to the Contractor by the State for that purpose. The State reserves the right to modify
billing procedures.
M. Additional Services. The Contractor shall obtain prior written approval from the State and the
Community Corrections Board and the Board before providing any additional billable services or
evaluations not provided for by the terms and conditions of this Agreement. If services are billed
by the Contractor that exceed the maximum total payments as described in Paragraph 2. A.2.,
herein, neither the State, Weld County nor the Community Corrections Board is liable for
reimbursement. Should additional funding become available, the State, Weld County, its
Community Corrections Board may, at its own option, choose to reimburse beyond the amount
specified in Paragraph 2. A.2., herein.
N. Reimbursement by Client. The Contractor shall charge each offender participating in the
community corrections program the reasonable costs of the services not covered by State
payments. The charges may be collected on an ability to pay basis. Each offender shall be issued
receipts for fees collected on a monthly basis or as otherwise requested.
Any charges to offenders in excess of the amounts listed in the legislative appropriation must be
approved in advance by the State and the Community Corrections Board. The Contractor must
provide a description of such additional fees, including rates, services or products purchased, and
program policies and procedures related to collecting and record keeping to the State, the
Community Corrections Board, and the referring agency.
O. Absence Due to Arrest. The Contractor shall notify the DOC/SJB/Parole Office immediately if they
know an offender has been arrested and/or is in the custody of, federal, state, or local law
enforcement authorities. The Community Corrections Board shall compensate the Contractor at
full rate for the day the offender is arrested, and at 50% of the regular per diem rate for up to
seven (7) days for maintaining the availability of a position in the program during the offender's
absence.
P. Unauthorized Absence. The Contractor shall notify the DOC or SJB, through the appropriate
probation/parole liaison, within two (2) hours after an offender is discovered to be absent from an
approved location or activity without authorization. The Contractor shall keep the offender's
position in the program available for a period not to exceed one (1) day during the offender's
unauthorized absence if the DOC/SJB notifies the Contractor that it does desire to have said
position kept available. The Community Corrections Board shall compensate the Contractor at the
full rate the day the offender: escapes.
Q. insurance and Indemnification: The Contractor must secure, or normally update at or before the
time of execution of this Agreement or commencement of any work liability insurance coverage in
force at all times during the term of this Agreement, or any extension thereof, and during any
warranty period. An insurer licensed to do business in Colorado and rated by A.M: Best Company
as "A" VIII or better shall underwrite such insurance. Such policy shall contain a valid provision or
endorsement so that any of the above -described policies is cancelled or should any coverage be
reduced before the expiration date thereof, the issuing company shall send written notice to Weld
County by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days
prior to such cancellation or reduction unless due to non-payment of premiums for which notice
shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention,
the Contractor must notify the County. The Contractor shall be responsible for the payment of any
3
deductible or self -insured retention. The County reserves the right to require the Contractor to
provide a bond, at no cost to the County, in the amount of the deductible or self -insured retention
to guarantee payment of claims.
The insurance coverage specified in this Agreement is the minimum requirements, and these
requirements do not decrease or limit the liability of the Contractor. The County in no way
warrants that the minimum limits contained herein is sufficient to protect from liabilities that
might arise out of the performance of the work under this Agreement by the Contractor, its
agents, representatives, employees, or subcontractors. The Contractor shall assess its own
risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader
coverage. The Contractor is not relieved of any liability or other obligations assumed or
pursuant to this Agreement due to its failure to obtain or maintain insurance in sufficient
amounts, duration, or types. The Contractor shall maintain, at its own expense, any additional
kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities
under this Agreement. Any modification to these requirements must be made in writing by
Weld County.
The Contractor stipulates that it has met the insurance requirements identified herein. The
Contractor shall be responsible for the professional quality, technical accuracy, and quantity of
all services 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 Weld County, its
officers, agents, and employees, from and against injury, loss damage, liability, suits, actions,
or willful acts or omissions of the Contractor, or claims of any type or character arising out of
the work done in fulfillment of the terms of this Agreement or on account of any act, claim or
amount arising or recovered under Workers' Compensation law or arising out of the failure of
the Contractor to conform to any statutes, ordinances, regulation, law or court decree. The
Contractor shall be fully responsible and liable for any and all injuries or damage received or
sustained by any person, persons, or property on account of its performance under this
Agreement or its failure to comply with the provisions of this Agreement, or on account of or in
consequence of neglect of the Contractor in its methods or procedures; or in its provisions of
the materials required herein, or from any claims or amounts arising or recovered under the
Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall
survive expiration or termination hereof. It is agreed that the Contractor will be responsible for
primary loss investigation, defense and judgment costs where this Agreement of indemnity
applies. In consideration of the award of this Agreement, the Contractor agrees to waive all
rights of subrogation against Weld County its associated and/or affiliated entities, successors,
or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising
from the work performed by the Contractor for the County. A failure to comply with this
provision shall result in the County's right to terminate immediately this Agreement.
Types of Insurance: The Contractor shall obtain, and maintain at all times during the term of this
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 employees acting within the course and scope of their
employment for this Agreement. Such policy shall contain a waiver of subrogation against the
4
County. This requirement shall not apply when the Contractor is exempt under Colorado Workers'
Compensation Act., AND when such Contractor executes the appropriate sole proprietor waiver
form.
Commercial General Liability Insurance shall include bodily injury, property damage, and liability
assumed under this Agreement.
$1,000,000 each occurrence;
$1,000,000 general aggregate;
$1,000,000 Personal Advertising injury
Automobile Liability: The Contractor shall maintain limits of $1,000,000 for bodily injury per
person, $1,000,000 for bodily injuryforeach accident, and $1,000,000 for property damage applicable
to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and
non -owned vehicles ,used in the performance of this Agreement.
Professional Liability (Errors and Omissions Liability): The policy shall cover professional
misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this
Agreement. The Contractor shall maintain limits for all claims covering wrongful acts, errors
and/or omissions, including design. errors, if applicable, for damage sustained because of or in
the course of operations under this Agreement resulting from professional services. In the
event that the professional liability insurance required by this Agreement is written on a claims -
made basis, the Contractor warrants that any retroactive date under the policy shall precede
the effective date of this Agreement; and that either continuous coverage will be maintained or
an extended discovery period will be exercised for a period of two (2) years beginning at the
time work under this Agreement is completed.
Minimum Limits:
Per Loss
Aggregate
$ 1,000,000
$ 2,000,000
Proof of Insurance: The County reserves the right to require the Contractor to provide a certificate of
insurance, a policy, or other proof of insurance as required by the County's Risk Administrator
in his or her sole discretion.
Additional Insured: For general liability, the Contractor's insurer shall name Weld County as
an additional insured.
Waiver of Subrogation: For all coverage's, the Contractor's insurer shall waive subrogation rights
against the County.
Subcontractors: All subcontractors, independent contractors, sub -vendors, suppliers or other entities
providing goods or services required by this Agreement shall be subjectto all requirements herein
and shall procure and maintain the same coverage required of the Contractor. The Contractor
shall include all such subcontractors, independent contractors, sub -vendors, suppliers or other
entities as insured under its policies or shall ensure that ail subcontractors maintain the required
coverage's. The Contractor agrees to provide proof of insurance for all such subcontractors,
independent contractors, sub -vendors, suppliers or other entities upon request by the County. The
s
Community Corrections Board, the Board of County Commissioners of Weld County and its
employees, and State of Colorado shall be named as additionally insured parties under all the
Contractor's liability coverage policies.
R. Access to Medical Services. Policy and procedures of the Contractorshall specifically prohibit any
restriction or constraint of offenders' movement or efforts to attend to their legitimate medical or
dental needs. If a medical emergency occurs, the Contractor shall immediately notify the referring
agency (DOC, Parole Officer or SJB). The Community Corrections Board shall compensate the
Contractor at the full rate the day an offender is placed in a hospital, and at 50% of the regular per
diem rate for up to seven (7) days for holding a bed available during the hospitalization of an
offender, unless the referral agency notifies the Contractor otherwise.
S. Review and Inspection. The Contractor shall allow the State, the Board, the Community
Corrections Board, DOC, SJB, or Health Department employees to inspect, with or without notice,
the facilities, fiscal and program files, other records, and services provided to determine
compliance with this Agreement.
T. Examination of Records. To the extent required bylaw, the Contractor agrees that any duly
authorized representative of the County, including the County's designated Finance Officer(s),
shall have access to and the right to examine and audit any books, documents, papers and
records of the Contractor, involving all matters and/or transactions related to this Agreement.
The Contractor agrees to maintain these documents for at least three (3) years from the date
of the last payment received.
U. information Provided. The Contractor shall provide information upon request of the appropriate
DOC/SJB officers or the Board and/or the Community Corrections Board regarding the activities
and adjustment of offenders assigned to their program. The Contractor shall collect, maintain and
make available to the DOC/SJB/Parole Board or the Board and/or the Community Corrections
Board ongoing data regarding employment, monitored sobriety, psychological problems and
treatment, vocational or educational needs and services, re -arrest or other criminal activity, and
court -imposed fines and restitution of offenders under supervision by the Contractor. The
Contractor shall make timely entries of such data into the CCIB computer system, as the State
may require.
V. Financial Audit. The Contractor shall provide to the State an independent fiscal audit report, which
addresses the agency's fiscal year(s) relevant to the Agreement period. Such materials shall be
provided to the State as directed or unless a different schedule is established in writing by mutual
agreement of the parties. These requirements may be waived all or in part, by the State, in
accordance with established standards.
W. Notification of Ownership Changes.
1. The Contractor shall notify the Board, Community Corrections Board and the State in
writing within thirty (30) days after becoming aware that a change in its ownership has
occurred, or is certain to occur, that could result in changes to services outlined in this
Agreement. The Contractor shall also notify the Board and the State in writing within thirty
(30) days whenever changes to asset valuations or any other cost changes have occurred,
or are certain to occur, because of a change in ownership.
6
2. The Contractor shall:
a) Maintain current, accurate and complete inventory records of assets and their costs;
b) Provide the Board, the Community Corrections Board or State or designated
representative ready access to the records upon request;
c) Ensure that all individual and grouped assets, their capitalized values, accumulated
depreciation or amortization, and remaining useful lives are identified accurately
before and after each of the Contractor's ownership changes; and
d) Retain and continue to maintain depreciation and amortization schedules based on.
the asset records maintained before each subcontractor ownership change.
X. Matters Regarding Facilities.
1. The Board and Contractor acknowledge that it shall be a condition of this Agreement that
the Contractor will fully comply with the Lease Agreement between the Board and the
Contractor to operate its program at the Weld County Community Corrections Facility at
1101 H Street, Greeley, CO 80631 fora period of July 1, 2017 and ending June 30, 2018.
2. Contractor agrees to be bound to the terms of said Lease Agreement and acknowledges
that any violation of the lease provisions, which results in the Board's termination of the
Lease Agreement, may be grounds for the termination of this Agreement.
3. Contractor acknowledges that a new Lease Agreement may be executed with the Board
upon or before June 30, 2017.
Responsibilities of the State:
A. Payment of Services.
1) The Board shall compensate the Contractor in accordance with the schedule in Paragraph
2. A.2., herein subject to compliance with the provisions of the Agreement.
2) During the period of the Agreement, upon receipt of proper billing from the Contractor, as
provided in paragraph 1.L. herein, payment shall be made in amounts below based on
available State Funds encumbered:
A daily rate of $42.68 per offender, for residential diversion direct sentence placements;
A daily rate of no more than $6.22 per offender, for diversion non-residential placements;
A daily rate of $42.68 per offender, for residential condition of probation placements;
A daily rate of $42.68 per offender for residential transition placements;
A daily rate of $42.68 per offender for residential condition of parole placements;
7
Up to $110,000 for Offender Correctional Treatment Support Services; and
Up to $119,853.89 for Facility Payments to be disbursed as outlined in the Statewide
Facility Payments Policy by the Division of Criminal Justice, Office of Community
Corrections for SFY 17-18.
Facility Payments - In ongoing efforts and articulated in the past Agreement(s), to advance the
Colorado General Assembly's intent to increase program case manager and security staff
compensation and. to reduce andtor maintain a ratio of at least one (1) case manager for every
twenty (20) residential community corrections clients, the Contractor, if deemed necessary by the
State Division of Criminal Justice, Office of Community Corrections or the Community Corrections
Board, shall submit a written plan to the Community Corrections Board and the State specifying
how the Contractor will utilize the Facility Payment allocation to 1) increase case management
staff to ensure a ratio of at least one (1) case manager for every twenty (20 residential clients; 2)
raise the average pay and benefits of security staff by at least ten (10%) percent; and 3) raise the
average pay and benefits of case managers by at least ten (10%) percent. The Contractor may
request, in writing, that the Community Corrections Board and the State grant an exemption from
these requirements. The Contractor is encouraged to exceed these requirements. Any request for
an exemption from any of these requirements must include a written plan that specifies the
Contractor's intended use of these funds. The Contractor's use of these funds shall also focus on
initiatives such as reaching and maintaining compliance with the Prison Rape Elimination Act
(PREA); and implementing evidence based policy and practices to fidelity that focus on reducing
offender risk and recidivism as set forth by the National Institute of Corrections' (NIC) Eight
Guiding Principles for Risk and Recidivism Reduction. The Contractor may utilize these funds for
other purposes that benefit the quality of the program with prior written approval of the Community
Corrections Board and the State.
If deemed necessary by the State Division of Criminal Justice, Office of Community Corrections or
the Community Corrections Board, the Contractor's written plan shall be submitted to the
Community Corrections Board for review by a date specified by the State or the Community
Corrections Board. If the plan is deemed acceptable, the Community Corrections Board through
the Justice Services Department shall direct a method to the Contractor torequest payment(s)
and in accordance with the normal dispersal of funds by the State to Weld County. Facility
payments to the Contractor may be withheld in whole or in part by the Board through its
Community Corrections Board if the Contractor does not comply with all or part of this provision.
3) Reimbursement will not be allowed for the first day of an offender's participation in the
program, but shall be allowed for the last day of an offender's participation. The day an
offender transfers from Residential to Non -Residential supervision status, reimbursement
will be made at the residential daily rate, but shall not be made for Non -Residential
expenses. The day an offender transfers from Non -Residential to Residential supervision
status, reimbursement will be made for Non -Residential expenses, but shalt not be made
for the Residential daily rate.
4) The Contractor shall use no more than three percent (3%) of the total daily rate allocation
for condition of probation client placements. These placements are intended for placement
in the Contractor's Intensive Residential Treatment (IRT) program, unless otherwise
approved by the Community Corrections Board and the State.
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5) Reimbursement may be allowed for any additional programmatic funding approved by the
Legislature.
6) The Board may transfer up to 10% of funds between the Transition/Parole/Condition of
Probation, Treatment Support and Diversion line items only and as listed in Section 2A2
above to ensure full utilization of funds with the Contractor during any term of this
Agreement, and as approved by the Board and the State.
B. Payment for Travel. The Board shall reimburse the Contractor at the rate allowed by State Fiscal
Rules, when such travel is requested by the DOC or approved by the State for the purpose of
transporting offenders. The Contractor agrees that any and all travel to DOC correctional facilities
shall be coordinated by DOC prior to the Contractor being reimbursed. The Contractor shall
provide the Board with travel reports setting forth the date of travel, mileage, destination and
offenders transported. Reimbursement for mileage shall be made from Residential Transition
Allocations as listed in Section 2.A.2 above. Payment shall be made by the trip, not for each
individual offender.
C. Payments for Leave(s) of Absence. The Board shall pay the Contractor for the following leaves of
absence of offenders at the full per diem rate, when authorized and approved by the DOC/Parole
Board or SJB:
1) "Pass or Furlough" based on a privilege to leave the facility to an approved location for up
to forty-eight (48) hours.
2) "Off -grounds leave" for the purpose of conducting a hearing or assessment regarding the
continuation of the offender in the community corrections program, for a maximum
allowable period of three (3) days.
3) "Emergency Leave" caused by and limited to a serious life -threatening incident in the
offender's immediate family, subject to a maximum period of seven (7) days, to be
reimbursed at 50% of the regular per diem rate.
D. Noncomalance. The Community Corrections Board and the Board agrees to allow the Contractor
thirty (30) days within which they may correct or justify identified issues, following a notice of
noncompliance, unless there is an immediate risk to public safety. If the identified issues are
unresolved within the thirty (30) day period, action may be taken to withhold payment to the
Contractor until those identified issues are satisfactorily completed; deny payment for those
services or obligations which may not have been performed by the Contractor and which, due to
circumstances caused by the Contractor, cannot be performed, or if performed are of no value to
the Board, the Community Corrections Board or the State. Denial of the amount of payment to the
Contractor shall be reasonably related to the value of work or performance lost to the Board, the
Community Corrections Board or the State.
The Contractor shall not place offenders under its legal control and supervision, its employees,
the Board, the Community Corrections Board, Weld County employees, officials, or
subcontractors or any and all persons doing business with the Contractor, in imminent risk or peril
to public safety.
E. Limitation of Payments and Liabilities. The Board assumes no, liability for any deficiency that the
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Contractor may incur either in the operation of its program or for any debts or expenditures
incurred by the Contractor for ensuing fiscal years when funds for that purpose have not been
appropriated or budgeted.
II. GENERAL PROVISIONS:
1. Performance Period. The Agreement shall be effective on July 1, 2017, and extend through
June 30, 2018, contingent upon availability of funds. Unless otherwise terminated to the
terms of this Agreement.
2. Assignment. The rights and duties arising under this Agreement shall not be assigned or
delegated without the prior written consent of the Board and the Commun ity *Corrections
Board.
3. Breach. A breach of this Agreement shall not be deemed to be a waiver of any subsequent
breach or default of the Agreement.
4. Third Party Beneficiary & Conflict of Interest. It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action relating
to such enforcement, shall be strictly reserved to the Board and the Contractor. Nothing
contained in this Agreement shall give or allow any claim or right of action whatsoever by
any other or third person; otherwise, it is the express intent of the parties to this Agreement
that any such person or entity receiving services or benefits under this Agreement shall be
deemed an incidental beneficiary only. The Contractor shall not engage in any transaction,
activity or conduct that would result in a conflict of interest under this Agreement. The
Contractor represents that it has disclosed any and all current or potential conflicts of
interest. A conflict of interest shall include transactions, activities, or conduct that would
affect the judgment, actions or work of the Contractor by the Contractor's own interests, the
interests of any principal of the Contractor or the interests of any party with whom the
Contractor has a contractual arrangement, in conflict with those of Weld County
government. The Board, in its sole discretion, shall determine the existence of a conflict of
interest, which shall be deemed a material breach or default of this Agreement and may be
cause to terminate this Agreement in the event such a conflict exists after it has given the
Contractor notice, in writing or orally, which describes the conflict. The Contractor shall be
given a time period, as specified by the Board or designee, to eliminate or cure the conflict
of interest in a manner that is acceptable to the Board or designee.
5. Governmental Immunity. Notwithstanding any other provision of this Agreement to the
contrary, no term or condition of this Agreement shall be construed or interpreted as a ,
express or implied, of any of the immunities, rights, benefits, protection, or other provision
of the Colorado Governmental Immunity Act, Section§24-10-101, et. seq. CRS, as now or
hereafter amended. The parties understand and agree that liability for claims for injuries to
persons or property arising out of negligence of the State of Colorado, its departments,
institutions, agencies, boards, officials and employees is controlled and limited by the
provisions of Section §24-10-1-101, et. seq., CRS, as now or hereafter amended and the
risk management statutes, Section §24-30-1501, et. seq., CRS, as now or hereafter
amended.
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6. Termination. Either party may terminate this Agreement by giving thirty (30) days notice in
writing, delivered by certified or electronic mail, return receipt requested, to the other party
at the above address, or delivered by personal services upon the party. If notice is so
given, this Agreement shall terminate on the expiration of the thirty (30) days, and the
liability for the parties hereunder for the further performance of the terns of this Agreement
shall thereupon cease, but the parties shall not be relieved of the duty to perform their
obligation up to the date of termination.
7. Upon receipt of notice of termination for convenience. The Contractor shall incur no further
obligations in connection with the Agreement. The Contractor will be reimbursed for
reasonable costs allocable to the Agreement performance. Incorporation of terms of
Request for Proposal and Response from Contractor - The parties hereby incorporate by
reference the Request for Proposal and all attachments hereto, the Contractors proposal
subsequent correspondence, and contract agreements.
8. Entire Understanding. This Agreement is intended as the complete integration of all
understanding between the parties. No prior or contemporaneous addition, deletion, or
other amendment hereto shall have any force or affect whatsoever, unless embodied
herein in writing. No subsequent novation, renewal, addition, deletion or other amendment
hereto shall have any force or effect unless embodied in a written agreement executed and
approved pursuant to the State of Colorado fiscal rules.
9. Non -Discrimination. The Contractor agrees to comply with the letter and spirit of all
applicable state and federal laws respecting discrimination and unfair employment
practices.
10. Software Piracy Prohibition. No State or other public funds payable under this Agreement
shall be used for the acquisition, operation, or maintenance of computer software in
violation of United States copyright laws or applicable licensing restrictions. The Contractor
hereby certifies that, for the term of this Agreement and any extensions, the Contractor has
in place appropriate systems and controls to prevent such improper use of public funds.
11. Public Contracts for Services C.R.S. 48-17.5-101. The Contractor certifies, warrants, and
agrees that it does not knowingly employ or contract with an illegal alien who will perform
work under this Agreement. The Contractor will confirm the employment eligibility of all
employees who are newly hired for employment in the United States to perform work under
this Agreement, through participation in the E -Verify program or the State of Colorado
program established pursuant to C.R.S.§8-17.5-102(5)(c). The Contractor shall not
knowingly employ or contract with an illegal alien to perform work under this Agreement.
The Contractor shall not use the E -Verify Program or State of Colorado program
procedures to undertake pre -employment screening or job applicants while this Agreement
is being performed. If the Contractor obtains actual knowledge that a subcontractor
performing work under the public contract for services knowingly employs or contracts with
an illegal alien the Contractor shall notify the subcontractor and the County within three (3)
days that the Contractor has actual knowledge that a subcontractor is employing or
contracting with an illegal alien and shall terminate the subcontract if a subcontractor does
not stop employing or contracting with the illegal alien within three (3) days of receiving
notice. The Contractor shall not terminate the contract if within three (3) days the
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subcontractor provides information to establish that the subcontractor has not knowingly
employed or contracted with an illegal alien. The Contractor shall comply with reasonable
requests made in the course of an investigation, undertaken pursuant to C.R.S. §817.5-
102(5), by the Colorado Department of Labor and Employment. If the Contractor
participates in the State of Colorado program, the Contractor shall, within twenty (20) days
after hiring a new employee to perform work under the contract, affirm that the Contractor
has examined the legal work status of such employee, retained file copies of the
documents, and not altered or falsified the identification documents for such
employees. The Contractor shall deliver to the County, a written notarized affirmation that it
has examined the legal work status of such employee, and shall comply with all of the
other requirements of the State of Colorado program. If the Contractor fails to comply with
any requirement of this provision or of C.R.S. §8-17.5-101 et seq., the County, may
terminate this Agreement for breach, and if so terminated, the Contractor shall be liable for
actual and consequential damages.
Except where exempted by federal law and except as provided in C.R.S. §24-76.5103(3),
if the Contractor receives federal or state funds under the contract, the Contractor must
confirm that any individual natural person eighteen (18) years of age or older is lawfully
present in the United States pursuant to C.R.S. §24-76.5-103(4), if such individual applies
for public benefits provided under the contract. If the Contractor operates as a sole
proprietor, it hereby swears or affirms under penalty of perjury that it (a) is a citizen of the
United States or is otherwise lawfully,present in the United States pursuant to federal law,
(b) shall produce one of the forms of identification required by C.R.S. §24-76.5-101, et
seq., and (c) shall produce one of the forms of identification required by C.R.S. §24 76.5-
103 prior to the effective date of the contract.
12. Termination of Agreement. This Agreement may be terminated for default if the Contractor
substantially fails to satisfy or perform the duties and obligations to correct or take
reasonable steps to correct deficiencies in this Agreement. The Community Corrections
Board shall provide written notice to the Contractor of the Board's intent to invoke the
termination provisions of the Agreement, state the reasons for such action and reference
the previous request to correct the deficiencies_ Contractor will be provided thirty (30) days
from receipt of written notice of intent to terminate the Agreement for default to correct
deficiencies to the satisfaction of the Community Corrections Board and the Board. If the
Contractor fails to correct deficiencies within this time, the Board may declare the
Agreement terminated.
13. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable, this Agreement shall be construed and enforced without such provision, to
the extent that this Agreement is then capable of execution within the original.intent of the
parties.
14. Funding Contingency. No portion of this Agreement shall be deemed to create an
obligation on the part of the Community Corrections Board to expend funds not otherwise
appropriated or budgeted for.
15. Controlling Law: This Agreement shall be construed and enforced in accordance with the
laws of the State of Colorado.
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16. No Waiver of Immunity: No portion of this Agreement shall be deemed to constitute a
waiver of any immunities the parties of their officers or employees may possess, nor shall
any portion of this Agreement be deemed to have created a duty of care that did not
previously exist with respect to any person not a party to this Agreement.
17. Subcontractors. The Contractor acknowledges that the County has entered into this
Agreement in reliance upon the particular reputation and expertise of the Contractor.
The Contractor shall not enter into any subcontractor agreements for the completion of
this work without the County's prior written consent, which may be withheld in the
County's sole discretion.
18. Confidentiality. As applicable, any confidential financial information of the Contractor
should be transmitted separately from the main bid submittal, clearly denoting in red on
the financial information at the top the word, "CONFIDENTIAL." However, the
Contractor is 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. The Contractor agrees to keep
confidential all of County's confidential information. The Contractor agrees not to sell,
assign, distribute, or disclose any such confidential information to any other person or
entity without seeking written permission from the County. The Contractor agrees to
advise its employees, agents, and consultants, of the confidential and proprietary
nature of this confidential information and of the restrictions imposed by this
Agreement.
19. Employee Conflict of Interest -- C.R.S. §24-18-201 et seq. and §24-50-507.The
signatories to this Agreement aver that to their knowledge, no employee of Weld
County has any personal or beneficial interest whatsoever in the service or property
which is the subject matter of this Agreement. The County has no interest and shall not
acquire any interest direct or indirect, that would in any manner or degree interfere with
the performance of the Contractor's services and the Contractor shall not employ any
person having such known interests. During the term of this Agreement, the Contractor
shall not engage in any business or personal activities or practices or maintain any
relationships which actually conflicts with or in any way appear to conflict with the full
performance of its obligations under this Agreement. Failure by the Contractor to
ensure compliance with this provision may result, in the County's sole discretion, to
immediately terminate this Agreement. No employee of the Contractor nor any member
of the Contractors family shall serve on a County Board, committee or hold any such
position which either by rule, practice or action nominates, recommends, supervises the
Contractor's operations, or authorizes funding to the Contractor for this Agreement.
20. Interruptions. Neither party to this Agreement shall be liable to the other for delays in
delivery or failure to deliver or otherwise to perform any obligation under this
Agreement, where such failure is due to any cause beyond its reasonable control,
including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or
governmental actions.
21. Compliance with Law. The Contractor shall strictly comply with all applicable federal
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and state laws, rules and regulations in effect or hereafter established, including without
limitation, laws applicable to discrimination and unfair employment practices.
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THE PARTIES HEREUNTO HAVE EXECUTED THIS AGREEMENT:
ATTEST:�j,,HJ . .‘,;e1 BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board WELD COUNTY, COLORADO
By:
Deputy Cle o th - Boa
Board of Commissioners,
County of Weld
Approved As To Funding:
-042digge4 6414241k
Controller
Approved As To Form:
INTERVENTION, INC.
By:
Bv:
Julie A. Cozad, Chai
Approved As To Substance:
JUN 26 2
Kelly Seng; ' ger, President
SUBSCRIBED' ND SWORN to before me this !day of T LL.r2. 001-1
WITNESS my hand and official seal.
•
Nota Public
My commission expires: 10 !al PO i ci
4 VALERIE JEAN MICCIULLI
Notary Public I
State of Colorado
Notary ID 20104035864
0 My Commission Expires Oct 21, 2018
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