HomeMy WebLinkAbout20162062.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR COMMUNITY CORRECTIONS INTENSIVE
SUPERVISION PROGRAM (ISP) SERVICES FOR CERTAIN INMATES AND
PAROLEES AND AUTHORIZE CHAIR TO SIGN - BI, INC.
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 Community Corrections
Intensive Supervision Program (ISP) Services for Certain Inmates and Parolees 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 BI, Inc., commencing July 1, 2016,
and ending June 30, 2017, 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 Community Corrections Intensive Supervision Program
(ISP) Services for Certain Inmates and Parolees 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 BI, Inc., 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 29th day of June, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: S(,) efo; k.
Weld County Clerk to the Board
BY�
puty Clerk to the Board
C.un ttorney
Date of signature: 7"Deot DOIC
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t a 7 / o`�O I co
Mike Freeman, Chair
Sean P. Conway, Pro-Tem
eve Moreno
2016-2062
JS0005
MEMORANDUM
To: Board of County Commissioners
From: Doug Erler, Directori%v
Re:
Justice Services Department
915 10th Street, #334
P.O. Box 758
Greeley, CO 80632
Phone: (970) 336-7227
Fax: (970) 392-4677
Consider Renewal of Agreement with B.I., Inc. for Community Corrections Intensive
Program Supervision (ISP) Services for Certain Inmates and Parolees and Authorize
Chair to Sign
Date: June 29, 2016
This item was presented to you as a Pass Around on June 16, 2016 and also reviewed by Frank Haug in
the County Attorney's Office. For your final review and consideration is a renewal agreement with local
vendor B.I., Inc. for delivery of Intensive Supervision Program (ISP) services for certain inmates and
parolees living in Weld County under the care of the Department of Corrections. Weld County continues
to remain in good standing with its Master Contract with the Department of Corrections, which governs
overall service and fund distribution responsibilities. B.I. delivers the direct services and the Justice
Services Department and Community Corrections Board provide the day-to-day administration and
oversight. There is no cost to the County for this program and there is no local matching requirement.
Thank you.
2016-2062
AGREEMENT FOR COMMUNITY CORRECTIONS
INTENSIVE SUPERVISION PROGRAM (ISP) SERVICES FOR CERTAIN INMATES
AND PAROLEES
THIS AGREEMENT, is effective this _ day o _ 4 2016 by and between the
Board of Commissioners of Weld County ("the Board"), P Box 758 Greeley, CO 80632 on
behalf of the Weld County Community Corrections Board, ("Community Corrections
Board") and BI Incorporated ("BI, Inc.") a wholly owned subsidiary of the GEO Group, Inc.
and whose local services address is 819 9th Street, Greeley, CO 80631 hereinafter referred
to as "The Contractor."
WITNESSETH:
WHEREAS, Weld County has an ongoing contract with the State of Colorado
Department of Corrections to provide inmate intensive supervision program services, and
Department of Corrections parolees (the exact number as determined by the local State of
Colorado parole office and communicated to Weld County in the form of an "Exhibit A,"
which is incorporated herein by reference, and
WHEREAS, Weld County is in need of ongoing professional services for said
program and BI, Inc. has the staff and facilities necessary to provide such services, and
WHEREAS, the parties hereto now desire to enter into this Agreement for the
purpose of setting forth the relative duties and responsibilities of the parties with respect to
services to be provided by The Contractor for the inmate and parole intensive supervision
program.
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties hereto agree as follows:
1. TERM: This Agreement shall be effective for the term beginning July 1, 2016, and ending
June 30, 2017, unless sooner terminated by either of the parties hereto pursuant to the
termination procedures contained in Section 5, below.
2. SCOPE OF SERVICES: Services shall be provided by the Contractor to designated
Department of Corrections inmates and parolees, with such services being described in
"Exhibit A." The Contractor agrees to provide such services in compliance with all of the
terms, conditions, and requirements stated in "Exhibit A." There are no changes to the
services described in the "Exhibit A" from the previous term.
3. PAYMENT FOR SERVICES: Payment for services rendered by The Contractor pursuant to
this Agreement shall be in accordance with the payment provisions set forth in "Exhibit A."
The Contractor shall submit an itemized monthly bill to Weld County's Justice Services
Department personnel serving the Board's Community Corrections Board for all services
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provided pursuant to this Agreement. Said bill shall be submitted no later than the 15th day
of the month following the month in which the services were provided. Failure to submit
monthly billings in accordance with the terms of this Agreement may result in BI, Inc.
forfeiture of all rights of being reimbursed for such services. Payment of all services
performed pursuant to this Agreement is expressly contingent upon the availability of funds
referred to in "Exhibit A." The County shall not be billed for, and reimbursement shall not
be made for, time involved in activities outside of those defined in "Exhibit A." Such billing
shall not exceed $40,000 for the term from July 1, 2016 to June 30, 2017 or unless
otherwise informed by the Department of Corrections to Weld County. Weld County,
through its Justice Services Department, shall inform The Contractor of any changes in
allocation made by the State.
4. COMPLIANCE WITH CONTRACT REQUIREMENTS: The Contractor agrees to comply
with all requirements of the "Contractor" stated in "Exhibit A," as if the Contractor was
standing in the place of the "Contractor," including, but not limited to, the requirements set
forth in Sections 2. ("The Contractor Shall") and 3. (Mutual Provisions), the Section
entitled: "Special Provisions" and the Exhibits attached thereto.
5. TERMINATION: This Agreement may be terminated by either party as follows:
a. Termination for default of performance: In the event either party defaults in the
performance of its duties and responsibilities set forth in this Agreement, the other party
shall notify the defaulting party of such default in writing at the addresses described in
Section 9, below. The defaulting party shall then have 10 days in which to cure such
default. In the event the default is not cured, the non -defaulting party may then consider
this Agreement to be terminated with no further notice being necessary.
b. Termination for reasons other than default: Either party hereto may terminate this
Agreement upon providing written notice to the other party at the address set forth in
Section 9., below, at least thirty (30) days prior to the intended date of termination.
6. 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 authorized 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 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
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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 County's
right to terminate immediately this Agreement.
Types of Insurance: The Contractor shall obtain, and maintain at all times during the term of
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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 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
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 coverages, 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 subject to all of the
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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 insureds under its policies or shall ensure that all
subcontractors maintain the required coverages. The Contractor agrees to provide proof of
insurance for all such subcontractors, independent contractors, sub -vendors, suppliers or
other entities upon request by the County.
7. MODIFICATION OF AGREEMENT: All modifications to this Agreement shall be in writing
and signed by both parties.
8. ENTIRE AGREEMENT/NO THIRD PARTY BENEFICIARY: This Agreement contains the
entire Agreement and understanding between the parties to this Agreement and
supersedes any other Agreements concerning the subject matter of this transaction,
whether oral or written. It is expressly understood and agreed that the enforcement of the
terms and conditions of this Agreement, and all rights of action relating to such
enforcement, shall be strictly reserved to the undersigned parties, and nothing contained in
this Agreement shall give or allow any claim or right of action whatsoever by any other
person not included in this Agreement. It is the express intention of the undersigned
parties that any entity other than the undersigned parties receiving services or benefits
under this Agreement shall be deemed an incidental beneficiary only.
9. NOTICE: All notices required to be given by the parties hereunder shall be given by
certified or registered mail by the individuals at the address as set forth below. Either party
may from time to time designate in writing a substitute person(s) or addressed to whom
such notices shall be sent:
Weld County: Doug Erler, Director, Weld County Justice Services Department 915
10th Street, Room 334, P.O. Box 758, Greeley, Colorado, 80632.
Contractor: Loren A. Grayer, Divisional Vice President, c/o: The GEO Group, Inc. One
Park Place, Suite 500, 621 Northwest 53rd Street Boca Raton, Florida 33487
10. ASSIGNMENT: Neither this Agreement nor the rights or obligations hereunder shall be
assignable without the prior written consent of both parties.
11. CONTROLLING LAW: This Agreement shall be construed and enforced in accordance
with the laws of the State of Colorado.
12. 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 posses, nor shall
any portion of this Agreement be deemed to have created a duty of care that did not
previously exists with respect to any person not a party to this Agreement.
13. INDEPENDENT CONTRACTOR: The Contractor shall perform the services hereunder and
the requirements set forth in "Exhibit A" as an independent contractor. Neither the
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Contractor nor any agent or employee of the Contractor shall be deemed an agent or
employee of the County or of the State of Colorado. The Contractor shall pay when due all
required employment taxes, income tax, and local head tax on any monies paid pursuant to
this Agreement. The Contractor acknowledges that its employees are not entitled to
worker's or unemployment insurance benefits unless the Contractor or a third party
provides such coverage and that the County does not pay for or otherwise provide such
coverage. The Contractor shall have no authorization, express or implied, to bind the
County to any agreement, liability, or understanding except as expressly set forth herein.
The Contractor shall provide and keep in force worker's compensation and unemployment
insurance (and show to the County proof of such insurance) in the amounts required by
law, and shall be solely responsible for the acts of the Contractor, it employees and agents.
14. SEVERABILITY: If any provision of this Agreement should be held to be invalid, illegal, or
unenforceable for any reason, the validity, legality, and enforceability of the remaining
provisions shall not in any way be affected or impaired thereby.
15. FUNDING CONTINGENCY. No portion of this Agreement shall be deemed to create an
obligation on the part of Weld County or the Community Corrections Board, to expend
funds not otherwise appropriated or budgeted for.
16. 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.
17. 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.
18. EXAMINATION OF RECORDS. To the extent required by law, 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.
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19. 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.
20. COMPLIANCE WITH LAW. The Contractor shall strictly comply with all applicable
federal and state laws, rules and regulations in effect or hereafter established, including
without limitation, laws applicable to discrimination and unfair employment practices.
21. 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 terminate immediately this Agreement. No employee of the Contractor nor
any member of the Contractor's family shall serve on a County Board, committee or
hold any such position which either by rule, practice or action nominates, recommends,
supervises the Contractor's operations, or authorizes funding to the Contractor for this
Agreement.
22. PUBLIC CONTRACTS FOR SERVICES C.R.S. §8-17.5-101. The Contractor certifies,
warrants, and agrees that it does not knowingly employ or contract with an illegal alien who
will perform work under this Agreement. The Contractor will confirm the employment
eligibility of all employees who are newly hired for employment in the United States to
perform work under this Agreement, through participation in the E -Verify program or the
State of Colorado program established pursuant to C.R.S.§8-17.5-102(5)(c). The
Contractor shall not knowingly employ or contract with an illegal alien to perform work
under this Agreement. 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 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.
7
§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. § 24-76.5 103(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.
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IN WITNESS WHEREOF, the parties hereunto have executed this Agreement on the
day first above written.
ATTEST: ddziltet)G:.io'ck
Weld County Clerk to the Board
BOARD OF COUNTY
COMMISSIONERS WELD COUNTY,
COLORADO
By: By:
Deputy Clerk
the Board Mike Freeman, Chair
JUN 2 9 2016
Approved As To Funding:
049,1120
Controller
Approved As To Form:
County Attorney
Contractor:
B.I. Incorporated
BY: Irk
Loren Grayer, Divisional Vice Pre+iident
gti —C)7617RG,
Federal I.D. #
SUBBED AND SWORN to before me
this day of June, 2016
WITNESS my han
Ntdtary Public
My commission expir
official seal.
pproved As To Substance:
Departm
RG\
ead
Director of General Services
Lauren Velazquez
NOTARY PUBLIC
STATE OF FLORIDA
Comm# FF175494
NEB Expies 11/11/2018
c2/ Q�v
EXHIBIT A (1) — STATEMENT OF WORK
1. General Description
The CDOC is authorized by CRS §17-27,5-10 I , to administer and execute Contracts with units of local
government, corrections boards, or non -governmental agencies for the provision of the Intensive
Supervision Program ("ISP") services for all assigned CDOC Offenders.
Expansion of Services
As requested/approved by CO)OC:, Contractor will provide Urinalysis services to CDOC Parolees who
arc not participating in the Intensive Supervision Program.
2. Contractor's OBLIGA'T'IONS
A. Services
i. Contractor shall provide the following services to the parole populations of inmates, parolees,
and youthful offender system ("YOS"). All services provided shall be recorded and
documented within CWiSE., as they are performed ("real time").
ii. Services are authorized and terminated only by the Supervising Community Parole Officer, as
generated within CWISE. Contractor shall provide only those services requested on the most
current CWISE referral.
iii. All permitted and agreed upon costs for services are set forth in Exhibit B (1).
iv. CDOC will make payment only for referred services rendered. Service fees shall not exceed
the amount set forth in Exhibit B (1). If the Offender is arrested or absconds and no services
are rendered thereafter, Contractor shall not invoice for payment, and CDOC will make no
payment for the Offender thereafter.
v. CDOC Offenders may he placed on self -pay services if the Offender provides a positive
confirmed urine sample, fails to provide on required day, or provides a flushed sample. If
placed on self -pay services, Offender shall continue to pay for this service until they have
provided four (4) clean, non -flushed samples. Changes may be authorized by a Parole
Manager.
B, Monitored Antabuse Service
Contractor, if capable, shall monitor Antabuse. Prescription Antabuse medication shall be
provided by the Offender and stored by the Contractor and made available as prescribed to the
Offender, and the Offender shall ingest such medication after providing a negative Breath
Alcohol Test ("BA T") while being monitored by Contractor.
C. Breath Alcohol Testing
Contractor may engage in random sampling and testing to measure each Offender's blood alcohol
content through breath sampling, utilizing acceptable and calibrated instrumentation.
D. Urinalysis (IA)
Contractor shalt conduct Urinalysis testing of each Offender as requested by CDOC. Upon
Offender providing a urine sample, Contractor shall ensure the Offender initials the security seal.
Contractor's staff of the same gender shall visually observe the Urinalysis sample collection.
After obtaining the tlA, Contractor will visually observe the Offender seal the sample to ensure
the sample is closed and the Contractor will apply the security seal. The Contractor's staff shalt
retain custody of the specimen and shall ensure all samples collected are logged, and maintained
securely until mailed or transported to the approved laboratory. if not mailed/transported
immediately, the samples shall he kept in a locked refrigerator in a controlled access office. The
number of staff of the Contractor handling specimens shall he minimized and all persons handling
the specimens shall make necessary notations on the chair of custody. Contractor shall transport
the urine samples mu the approved laboratory within seven (7) calendar days of collection by
courier or by hand delivered securely by Contactor. Analysis of urine samples shall include, at
minimum, a 5 -drug panel test with confirmations, and an Ethyl Giucuronide ("EtG") screening. to
the event the Urinalysis test results are positive for unauthorized substances, Contractor shall
obtain a confirmation test on all samples that have initially tested positive. Contractor shall
conduct confirmation tests without additional reimbursement under this Contract; however, the
contractor may invoice the Offender for the confirmation test.
E. Drug Patches
Contractor may utilize patches administered on skin for detection of substance abuse. Contractor
shall evaluate the patch at least once per week, and replace the patch every 2 weeks or when a
positive sample is indicated, whichever is soonest. The Contractor's staff who administers the
patches shall monitor for tampering and for whether the results are positive or negative.
F. Oral Swabs
Contractor may utilize oral swab testing, which consists of taking a saliva sample via a testing
swab of the inside of the mouth of the Offender. to detect the use of controlled substances or
alcohol. Any positive reading requires a qualitative Urinalysis test to he conducted.
G. Passpoint1"
Contractor may utilize Passpoint" testing, which utilizes ocular measurement of the central
nervous system, for the purpose of screening for the presence of eleven (I 1) different drugs
including alcohol, at least once weekly. Any positive reading requires a qualitative Urinalysis test
to be conducted at the cost of the Contractor. In the event the Urinalysis is positive for
unauthorized substances, Contractor shall preserve the sample pending a CWISE directive from
the CPO as to whether a confirming test is required.
H. Monitoring Medications
Contractor, if capable, shall monitor medication. This service includes the monitoring of medical
and psychiatric medications in accordance with the prescriptions of the community health
provider of the CDOC.
3. Responsible Administrator
Contractor's performance hereunder shall be under the direct supervision of an employee or agent of
Contractor, which name(s) shall be provided to the State per §16 designated as the responsible
administrator or key personnel of this Contract.
4. Acceptance Criteria
A. Annual and final Report(s)
B. Annual Report Due Date(s) July 31.
C. Final Report Due Date: 30 days idler contract is expired or terminated.
I). Reporting Recipient: I)OC Contract Administrator
5. Payments
Payments shall be made in accordance with the provisions set forth in the Contract, §7 and this Exhibit A
(1). To ensure prompt payment by the State for services provided in the billing month, no later than the
5th business day of the following month, Contractor shall approve services provided in C:WISE.
6. RIPAA
I lealth Insurance Portability & Accountability Act of 1999 ("HIPAA"): Federal law and regulations
governing the privacy of certain health information requires a "Business Associate Contract" between the
State and the Contractor and/or Subcontractor. 45 C.F.R. Section 164.504(e). Attached and incorporated
herein by reference and agreed to by the parties is a IIIPAA Business Associate Addendum (Exhibit D)
for HIPAA compliance. 'Terms of the Addendum shall be considered binding upon execution of this
contract and shall remain in effect during the term of the contract including any extensions. In the event
that the Contractor will not be receiving any Protected I lealth Information from the State but the
Contractor's subcontractors will, then only such subcontractors will be required to execute Business
Associate Addendums with the state.
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E;XI I113IT B (1) — 1SP SUPPORT SERVICES FEE SCHEDULE
Available Support Services and Support Service Fees
Service
Description
Cost
Monthly Enrollment Fee
Monthly fee for enrollment in program, if services
are provided. One fee per Offender per month.
$10.00
Antabuse
Monitor consumption of Antabuse with Breath
Alcohol Test (BAT) each.
$2.00 per day
Breathalyzer
Administer Breathalyzer only.
$1.00 per test
Medication
Monitoring
Monitor medications.
$1.50 per day
Urinalysis (UA)
5 -drug panel test with
confirmations, and Ethyl
Glucuronide ("EtG")
screening
Supervised UA collection and analysis including
confirmation test. Total number of test shall be
based on number requested by CDOC plus
confirmation tests.
$20.00 each
Drug Patch
Administer and monitor Drug Patch.
$25.00 each
Oral Swabs
Administer Oral Swabs.
$7.00 each
Pass Point
Administer Pass Point test,
$5.00 each
Payment will only be made for referred services rendered,
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