HomeMy WebLinkAbout20162060.tiffRESOLUTION
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, 2016, and ending June 30, 2017, 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 29th day of June, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: didieti ,J�jp;rk,
Weld County Clerk to the Board
BYE! Ai . 4
eputy Clerk to the Board
APP
ounty Attorney
Date of signature
WoIaatro
cc! TY5CO£..)
tea -1/aOtCo
Mike Freeman, Chair
Sean P. Conway, Pro -Tern
ie A. Cozad
XCUS £
jbara Kirkmeyer
Steve Moreno
2016-2060
PR0035
MEMORANDUM
To: Board of County Commissioners
From: Doug Erler, Director
Re:
Justice Services Department
915 10th Street, #334
P.O. Box 758
Greeley, CO 80632
Phone: (970) 336-7227
Fax: (970) 392-4677
Consider Renewals of Lease Agreement and Agreement for the Provision of
Community Corrections Services with Intervention Community Corrections Services
(ICCS) and Authorize Chair to Sign
Date: June 29, 2016
These items were presented to you as a Pass Around on June 7, 2016 and also reviewed by Frank Haug
in the County Attorney's Office, Toby Taylor with Building and Grounds and Don Warden in Finance.
Enclosed for your final review and consideration are renewals of the Lease Agreement and Agreement
for the Provision of Community Corrections Services with our vendor ICCS. The most notable revision in
the Lease Agreement includes a 1.276% increase in the lease amount to reflect energy costs. Overall
allocations set by the State for the upcoming SFY 16-17 will remain stable.
Weld County continues to remain in good standing with its Master Contract with the Colorado
Department of Public Safety, which governs overall service and fund distribution responsibilities for
community corrections. ICCS provides the direct services and the Justice Services Department and
Community Corrections Board provide 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.
2016-2060
LEASE AGREEMENT
THIS LEASE AGREEMENT is made and entered into this day o , 2016,
by and between the COUNTY OF WELD, a political subdivision of the State of lorado, 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 2016-2017, Twenty Four Thousand and Fifty Eight and 00/100 dollars per
month ($24, 051).
ii. For the period 2016-2017, 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, 2016.
iii. All rental amounts set forth above shall include all electric, water and gas utility usage by
Lessee. Rent will be paid on the first day of each month for the leased days in that month.
All rent shall be made payable to "Weld County, Colorado," at offices designated by
Lessor.
iv. Late Payment. Rent not paid within ten (10) business days of the date when due hereunder
shall be subject to a late charge until paid to one and one-half percent (1'/2 %) per month
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 to be 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 shall
2
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.
g.
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.
Inspections regarding compliance with State standards for operations of the community
corrections program shall be conducted by Justice Services Department staff and/or designees of
Lessor.
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" from previous Lease Agreement
between Lessor and Lessee. Items on this exhibit shall remain in effect for this Lease Agreement.
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 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.
J.
To be solely responsible for the coordination of and/or access to all medical care provided to the
residents at the Facility, and to be solely responsible for administering basic first aid and/or CPR
for said residents. Lessee shall also be responsible to store and monitor any medications needed
by residents at the Facility.
k. To be responsible for the cost of all repairs to the Facility, including the building, fixtures,
equipment and furnishings, which are required by damage directly caused by offenders, residents,
visitors and/or Lessee personnel misuse, abuse, and criminal acts, except as otherwise deemed by
the Lesser.
Lessee shall use its best efforts to ensure the extended life of the Facility. Such methods and
maintenance shall include, without limitation: regularly inspecting for signs of rust or peeling;
inspecting and repainting walls when chipping or peeling is overtly evident; inspecting areas for
rust or corrosion; inspecting caulking around applicable lights and penetrations; checking for
proper placement and recharging of fire extinguishers every 12 months. Lessee agrees not to
3
engage in any material construction, renovation, and repair or maintenance work of the Facility
(interior, exterior and/or structural) without first obtaining the approval of Lessor to the plans and
specifications for such work. In such event, the work shall be performed subject to the following
conditions:
i. Lessee shall be responsible for obtaining all required approval from Lessor. Requests
shall be submitted to the Justice Services Department for evaluation of necessity and
final determination by Lessor.
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.
4
P.
q.
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.
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
5
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. All laundry services for the Facility,
including for linens and blankets, shall be the responsibility of the Lessee.
x. To provide prompt snow removal for all sidewalks and entrances to the Facility.
y. To understand and agree that vending services (i.e. snacks, soda) and/or change machines shall be
at the sole discretion of the Lessee. Lessee is solely responsible to maintain vending machines or
change machines at the Facility and in coordination with its third party.
2. Lessor, in consideration of the lease payments received for the lease of the Facility, covenants
and agrees, as follows:
a. To provide the furnishings, pay phones, keys, and DVR/security systems listed in original Exhibit
A in previous Lease Agreement 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
alongside H Street or 11th Avenue, except by the Greeley Evans Transit ("bus") at the
designated spot along H Street.
6
g.
To restrict the Lessee from the Lessor's computer/telephone room (SE corner of the Facility),
unless otherwise authorized by Lessor. Camera/DVR equipment for security systems in the
Facility shall be 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 1.1., above, may be drawn upon by Lessor to cover
such expenses.
7
6. The duration of this lease shall be for one (1) year, commencing on the l s` day of July 2016,
through the 30th day of June 2017, 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.
8
IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals the day
and year first written above.
LESSOR:
ATTEST: drAdAp;ti BOARD OF COUNTY COMMISSIONERS
Weld County Oak tot e Board WELD COUNTY COLORADO:
By:
Deputy Clerk
the Boar
Approved As To Funding:
Controller
Approved AVTo Form:
County Attorney
LESSEE.:
INTERVENTION, INC.
By:
I
elly Seerger, President
SUBSC D AND SWORN to before me this00 day of -ice'- 4
WITNESS my hand and official seal,
Mike Freeman, Chair
oved As To Substance:
Department
titA
Director of General Services
Nota(t`y Public
My commission expires:
VALERIE JEAN MICCIULLI
Notary PubllC
State of Colorado
Notary ID 20104035864
My Comr i*sl0n EX Tres Oct 21, 2018
9
JUN 2 9 2016
02a /G -02,01'0
Hello