HomeMy WebLinkAbout20182000.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, 2018, and ending June 30, 2019, 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 27th day of June, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dideitA)
Weld County Clerk to the Board
BY:
AP
Date of signature: '(f 18'
Stele Moreno, Chair
an P. Conway
LU
. Cozad
Cou ''y Attorney
Mike Freeman
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og-
2018-2000
PR0035
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 Erler
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 monthlyto 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 1.
Option 2.
Approve as a future Consent Agenda item and authorize Chair to sign
Schedule Work Session
Recommendation:
Option 1. Thank you for your consideration.
Approve Schedule
Recommendation Work Session Other/Comments:
Sean P. Conway
Julie A. Cozad
Mike Freeman rA'F
Barbara Kirkmeyer, Pro -Tern
Steve Moreno, Chair i"t
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LEASE AGREEMENT RENEWAL BETWEEN WELD COUNTY JUSTICE SERVICES DEPARTMENT
AND INTERVENTION, INC.
This Lease Agreement Renewal ("Renewal"), made and entered into .21 day ofJUNE 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 a Lease Agreement (the "Original Agreement") identified by the Weld County
Clerk to the Board of County Commissioners as document No. 2017-1883, 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.
• 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:
Sig natu e P4 , de -h Dlielkie4A
J
ATTEST:
d9.4
Weld County Clerk to the Board
Deputy Clerk to the Board
Controller
ROVED A4;T0 FORM:
County Attorney
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Steve Moreno, Chair JUN 2 7 2018
ROVED AS TO SUBSTANCE:
Departme
2018-2000
RESOLUTION
RE: APPROVE LEASE 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 a Lease 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 Department of Justice
Services, 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 lease agreement, and
WHEREAS, after review, the Board deems it advisable to approve said lease 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 Lease 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 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.
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
WELD CO TY, COLODO
ATTEST:
Weld County Clerk to the Board
unty Attorney
Date of signature: -71 19 (l
Julie A. Cozad, Chair
Sean P. Conway
Freeman
Steve Moreno, Pro-Tem
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2017-1883
PR0035
LEASE AGREEMENT
THIS LEASE AGREEMENT is made and entered into this day of June, 2017, 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
with regard to 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 2017-2018, Twenty -Four Thousand and Seven Hundred and Eighteen
dollars per month ($24, 718).
ii. For the period 2017-2018, monthly rent was determined by ongoing utility costs of the
facility, depreciation of the building, and any additional 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 1, 2018.
iii. All rental amounts set forth above shall include all electric, water and gas utility wage
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'/s %)
2017-1883
per month 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 maintain 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
g.
shall require approval from Lessor, with the issuance of appropriate 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.
To allow Lessor, at any hour of the day or night, to enter into or upon 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
previous 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 permitted access to Lessor's network. In
addition, Lessee is solely responsible for the procurement of and payment for technical support
required to support its network; Lessor has no responsibility for technical support for Lessee's
network. Lessee is solely responsible to provide for its own computer and telephone related
hardware. This requirement includes Lessee's providing 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 wails 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
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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 appropriate 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 set forth 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 deemed necessary to
carry forth this Lease.
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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.
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 procure 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 modified without the written consent of
Lessor. Lessee shall insure the Facility for replacement or repair in the event 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 require 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 provide 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 provide 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
provide 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. AII 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 maintain 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 permitted from within the designated parking
areas around the facility. No parking or pick up/drop off activities of any kind shall occur
6
g.
alongside H Street or 1 lth Avenue, except by the Greeley Evans Transit ("bus") at the
designated spot along H Street.
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 provided and maintained 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 additional use of the Facility by Lessee must be approved by Lessor. Such use shall not
displace services set forth 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
applicable, the deposit required in Section I .1., above, may be drawn upon by Lessor to cover
such expenses.
6. The duration of this lease shall be for one (1) year, commencing on the Is` day of July 2017,
through the 30th day of June 2018, renewed for an additional term 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 portion 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.
IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals the day
and year first written above.
LESSOR: ATTEST: daktt, id BOARD OF COUNTY COMMISSIONERS
WELD COUNTY COLORADO:
Weld County Clerk to the Board
By
Deputy Clerk
the Board
Approved As To Funding:
Approved As To Form:
LESSEE:
INTERVENTION, INC
By:
Kelly Se enberger, President
Julie A. Cozad,
Approved As To Substance:
Department He
SUBSCRIBED AND SWORN to before me this RR'`day .21` n
WITNESS my hand and official seal.
yI' CtJG� �
Notar Public
_ lyiycommission ex ires: iDJa f J,j 2
VALERIE JEAN MICC1ULU
Notary Public
State of Colorado
Notary ID 20104035864
Commission Tree Oct 21.2018
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