HomeMy WebLinkAbout20154035.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR ELECTRONIC EQUIPMENT AND MONITORING
SERVICES AND AUTHORIZE CHAIR TO SIGN - BI INCORPORATED AND THE GEO
GROUP, 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 Electronic Equipment
and Monitoring Services among 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 Incorporated, and the GEO Group, Inc., commencing January 1, 2016, and ending
December 31, 2016, 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 Electronic Equipment and Monitoring Services among
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 Incorporated, and the
GEO Group, 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 23rd day of December, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
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ATTEST: ..•Q�:nKI G •aC.ah+to:4
arbara Kirkmey , Chair
Weld County Cler to the Board j�
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E ♦ Mike Freeman, Pro-Tem
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Julie A. Oozad
orney
Steve Moreno
Date of signature: _ALP
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JS0005
Justice Services Department
-4),„18§2, 915 10th Street,#334- P.O. Box 758
/ Greeley, CO 80632
Phone: (970) 336-7227
Fax: (970) 392-4677
COIJNTY�
December 23, 2015
To: Board of County Commissioners
From: Doug Erler, Directo
Re: Consider Agreement between Weld County and B.I. Incorporated and The
GEO Group for Electronic Monitoring Equipment and Offender
Monitoring Services and Authorize Chair to Sign
This agreement pertains to the transfer of Alternative Programs from the Weld County Sheriffs
Office to the Justice Services Department and was discussed with the Board at a Work Session
on 12/8/15. With the transfer of Alternative Programs from the Sheriff's Office to the Justice
Services Department,the original agreement was terminated with notice sent to BI and The
GEO Group.This new agreement clarifies overall services and denotes the Justice Services
Department as the main point of contact for the County. This agreement was reviewed by the
County Attorney's Office and now comes before the Board for final review and approval.
Thank you.
2015-4035
AGREEMENT BETWEEN WELD COUNTY& BI INCORPORATED &THE GEO GROUP FOR
ELECTRONIC EQUIPMENT AND MONITORING SERVICES
THIS AGREEMENT is made and entered into this day of 13 , Pe c,• 2015 by and between
the County of Weld, State of Colorado, by and through its Board of County Commissioners, 1150 O Street
Greeley, CO 80631 hereinafter referred to as the"County," and BI Incorporated, a wholly owned subsidiary
of The GEO Group Inc., who together are hereinafter referred to as the "Contractor."
WHEREAS, the County and the Contractor at that time solely BI Incorporated entered into an
Original Agreement identified by the Weld County Clerk to the Board of the Board of the County
Commissioners as document#2014-3429, approved on February 11, 2015; and
WHEREAS, the County desires to terminate the Original Agreement with the Contractor and enter
into a new Agreement with the Contractor to perform services for programs designated by the County and
permitted by Colorado law, and in concurrence, consent and agreement with the Sheriff of Weld County
and as more particularly defined and set forth below; and
WHEREAS,the Sheriff of Weld County are in concurrence, consent and agreement with this action;
and
WHEREAS, in the interests of public health, safety and welfare, it is necessary to undertake this
Agreement; and
WHEREAS, the Contractor is authorized to do business in the State of Colorado and has the time,
skill, expertise, and experience necessary to provide the Equipment and Services as set forth below; and
WHEREAS, the Contractor has the ability, qualifications, and time available to furnish the
Equipment and perform the services, and is willing to do so according to the terms of this Agreement.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the
parties hereto agree as follows:
1. Introduction.
The terms of pricing, procurement and delivery of Equipment, maintenance and delivery of day to
day electronic monitoring services of identified offenders sentenced or otherwise ordered by a court
of competent jurisdiction, to programs operated or designated by the County, are now hereby
contained in this Agreement and further in Appendices, marked Exhibit A and Exhibit B. Each are
an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this
reference. The County and the Contractor acknowledge and agree that this Agreement, including
specifically Exhibits A and B define the performance obligations of the Contractor and the
Contractor's willingness and ability to meet those requirements.
Exhibit A contains the specific requirements of the "County Funded Electronic Equipment and
Electronic Monitoring Program" with the Contractor.
Exhibit B contains the specific requirements of the County's "Offender Funded Electronic In-Home
Monitoring Program" with the Contractor.
The County provides a program(s)whereby persons sentenced to a county jail or otherwise ordered
by the courts of competent jurisdiction in Colorado, are granted the privilege of leaving the jail or
otherwise conditional release necessary to fulfill reasonable purposes in the community to include
but not limited to: employment, conducting his or her business or other self-employed occupation
including housekeeping and attending the needs of the family, attendance at an educational
institution, medical treatment or other reasonable or legal matters related to the affairs of the
person(s) in said program(s)and in accordance to stipulations made by the Court. These programs
often require the use of electronic monitoring Equipment and services as identified by the County.
2. Equipment, Service or Work.
The Contractor agrees to procure the materials, Equipment and/or products necessary for these
services and agrees to provide all services, labor, personnel and materials necessary to perform
and complete the work diligently as described in Exhibits A and B., which are attached hereto and
incorporated herein by reference. The Contractor shall coordinate with, the Weld County Director
of General Services or other designated supervisory personnel, (the "Department Head" or his or
her designee), to perform the services described in this Agreement and enclosed Exhibits A and B.
The Contractor shall faithfully perform the work in accordance with the standards of professional
care, skill, training, diligence and judgment provided by highly competent contractors performing
services of a similar nature to those described in this Agreement. The Contractor shall further be
responsible for the timely completion, and acknowledges that a failure to comply with the standards
and requirements of this Agreement and Exhibits A and B within the time limits prescribed by the
County may result in the County's decision to withhold payment or to terminate this Agreement.
The County may rely on representations made in the original bid by the Contractor located as
document#2014-3429, approved on February 11, 2015, which is publically available through Weld
County.
3. Term.
The initial Agreement period shall commence on January 1, 2016 thru December 31, 2016 and,
subject to the satisfaction and concurrence of both parties, renew annually each year thereafter.
The term of this Agreement shall not begin until the execution of this Agreement by the County.
Both parties to this Agreement understand and agree that the laws of the State of Colorado prohibit
the County from entering into Agreements, which bind the County for periods longer than one (1)
year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, the
County shall notify the Contractor if it wishes to renew this Agreement.
4. Termination.
The County has the right to terminate this Agreement, with or without cause with thirty (30) days
written notice. Furthermore, this Agreement may be terminated at any time without notice upon a
material breach of the terms of the Agreement. However, nothing herein shall be construed as giving
the Contractor the right to provide services under this Agreement beyond the time when such
services become unsatisfactory to the County. Upon termination, the County shall take possession
of all materials, Equipment, tools and facilities owned by the County which the Contractor is using,
by whatever method it deems expedient; and,the Contractor shall deliver to the County all drawings,
drafts or other documents it has completed or partially completed under this Agreement, together
with all other items, materials and documents which have been paid for by the County, and these
items, materials and documents shall be the property of the County. Copies of work product
incomplete at the time of termination shall be marked "DRAFT-INCOMPLETE."
Upon termination of this Agreement by the County, the Contractor shall have no claim of any kind
whatsoever against the County by reason of such termination or by reason of any act incidental
thereto, except for compensation for work satisfactorily performed and/or materials described herein
properly delivered.
5. Extension or Modification.
Any amendments or modifications to this Agreement shall be in writing signed by both parties. No
additional services or work performed by the Contractor shall be the basis for additional
compensation unless and until the Contractor has obtained written authorization and
acknowledgement by the County for such additional services. Accordingly, no claim that the County
has been unjustly enriched by any additional services, whether or not there is in fact any such unjust
enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event
that written authorization and acknowledgment by the County for such additional services is not
timely executed and issued in strict accordance with this Agreement, the Contractor's rights with
respect to such additional services shall be deemed waived and such failure shall result in non-
payment for such additional services or work performed.
6. Compensation/Contract Amount.
The County agrees to pay an amount no greater than the amount set forth in this Agreement. The
Contractor acknowledges no payment in excess of said amount(s) will be made by the County
unless a "change order" authorizing such additional payment has been specifically approved by the
Director of Weld County General Services, or by formal resolution of the Weld County Board of
County Commissioners, as required pursuant to the Weld County Code. Any other provision of this
Agreement notwithstanding, in no event shall the County be liable for payment for services rendered
and expenses incurred by the Contractor under the terms of this Agreement for any amount in
excess of the sum of said amount(s) set forth. The Contactor acknowledges that any work it
performs beyond that specifically authorized by the County is performed at the Contractor's risk and
without authorization under this Agreement. The County shall not be liable for the payment of taxes,
late charges or penalties of any nature other than the compensation stated herein. If, at any time
during the term or after termination or expiration of this Agreement, the County reasonably
determines that any payment made by the County to the Contractor was improper because the
service for which payment was made did not perform as set forth in this Agreement, then upon
written notice of such determination and request for reimbursement from the County, the Contractor
shall forthwith return such payment(s) to the County. Upon termination or expiration of this
Agreement, unexpended funds advanced by the County, if any, shall forthwith be returned to the
County.
The County will not withhold any taxes from monies paid to the Contractor hereunder and the
Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes
related to payments made pursuant to the terms of this Agreement.
Notwithstanding anything to the contrary contained in this Agreement, the County shall have no
obligations under this Agreement after, nor shall any payments be made to Contractor in respect of
any period after December 31 of any year, without an appropriation therefore by the County in
accordance with a budget adopted by the Board of County Commissioners in compliance with Article
25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101
et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20).
7. Independent Contractor.
The Contractor agrees that it is an Independent Contractor and that the Contractor's officers, agents
or employees will not become employees of the County, nor entitled to any employee benefits from
the County as a result of the execution of this Agreement. The Contractor shall perform its duties
hereunder as an independent Contractor. The Contractor shall be solely responsible for its acts
and those of its agents and employees for all acts performed pursuant to this Agreement. The
Contractor, its employees and agents are not entitled to unemployment insurance or workers'
compensation benefits through the County and the County shall not pay for or otherwise provide
such coverage for the Contractor or any of its agents or employees. Unemployment insurance
benefits will be available to the Contractor and its employees and agents only if such coverage is
made available by the Contractor or a third party. The Contractor shall pay when due all applicable
employment taxes, income taxes, and local head taxes (if applicable) incurred pursuant to this
Agreement. The Contractor shall not have authorization, express or implied, to bind the County to
any agreement, liability or understanding, except as expressly set forth in this Agreement. The
Contractor shall have the following responsibilities with regard to workers' compensation and
unemployment compensation insurance matters: (a) provide and keep in force workers'
compensation and unemployment compensation insurance in the amounts required by law.
8. 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 these services without the County's prior written
consent, which may be withheld in the County's sole discretion. The County shall have the right in
its reasonable discretion to approve all personnel assigned to these services during the
performance of this Agreement and no personnel to whom the County has an objection, in its
reasonable discretion, shall be assigned to these services. The Contractor shall require each
subcontractor, as approved by the County and to the extent of the services to be performed by the
subcontractor, to be bound to the Contractor by the terms of this Agreement, and to assume toward
the Contractor all the obligations and responsibilities which the Contractor, by this Agreement,
assumes toward the County. The County shall have the right (but not the obligation)to enforce the
provisions of this Agreement against any subcontractor hired by the Contractor and the Contractor
shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of
its agents, employees and subcontractors.
9. Ownership.
All work and information obtained by the Contractor under this Agreement or individual work order
shall become or remain (as applicable), the property of the County. In addition, all reports, data,
plans, drawings, records and computer files generated by the Contractor in relation to this
Agreement and all reports, test results and all other tangible materials obtained and/or produced in
connection with the performance of this Agreement,whether or not such materials are in completed
form, shall at all times be considered the property of the County. The Contractor shall not make
use of such material for purposes other than in connection with this Agreement without prior written
approval of the County.
10. Confidentiality.
Confidential financial information of the Contractor shall be transmitted, as deemed necessary, to
the County, clearly denoted in red, as "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 the 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.
11. Warranty.
The Contractor warrants that the services performed under this Agreement will be performed in a
manner consistent with the standards governing such services and the provisions of this
Agreement. The Contractor further represents and warrants that all services shall be performed by
qualified personnel in a professional and workmanlike manner, consistent with industry standards,
and that all services will conform to applicable specifications. In addition to the foregoing warranties,
the Contractor is aware that all work performed to carry out these services pursuant to this
Agreement is subject to a one (1) year warranty period during which the Contractor must correct
any failures or deficiencies.
12. Acceptance of Services Not a Waiver.
Upon completion of the work, the Contractor shall submit to County originals of all test results,
reports, etc., generated during completion of this work. Acceptance by the County of reports,
incidental material(s), and other documents or services furnished under this Agreement shall not in
any way relieve the Contractor of responsibility for the quality of the service. In no event shall any
action by the County hereunder constitute or be construed to be a waiver by the County of any
breach of this Agreement or default which may then exist on the part of the Contractor, and the
County's action or inaction when any such breach or default shall exist shall not impair or prejudice
any right or remedy available to the County with respect to such breach or default. No assent,
expressed or implied, to any breach of any one or more covenants, provisions or conditions of the
Agreement shall be deemed or taken to be a waiver of any other breach.Acceptance by the County
of, or payment for,the service(s)completed under this Agreement shall not be construed as a waiver
of any of the County's rights under this Agreement or under the law generally.
13. Insurance and Indemnification.
General Requirements: The Contractor must secure, at or before the time of execution of any
agreement or commencement of any work, the following insurance covering all operations, goods
or services provided pursuant to this request. The Contractor shall keep the required insurance
coverage in force at all times during the term of this Agreement, or any extension thereof, during
any warranty period, and for three (3) years after termination of the Agreement. The required
insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by
A.M. Best Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement
stating "Should any of the above-described policies be canceled or should any coverage be
reduced before the expiration date thereof, the issuing company shall send written notice to the
Weld County Director of General Services 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
deductible or self-insured retention to guarantee payment of claims.
The insurance coverages specified in this Agreement are 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 are sufficient to protect the Contractor 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 coverages. 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
Equipment, materials and 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 the County, its officers,
agents, and employees, from and against injury, loss damage, liability, suits, actions, 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
Equipment and 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 commencement of this Agreement, the Contractor agrees to waive all rights
of subrogation against the County, its associated and/or affiliated entities, successors, or assigns,
its elected officials, trustees, employees, agents, and volunteers for losses arising from the work
performed by the Contractor for the County. A failure to comply with this provision shall result in the
County's right to terminate immediately this Agreement.
The Contractor shall furnish Weld County with Certificates of Insurance for the foregoing coverages
that designate Weld County as an additional insured no later than the date of commencement of
services. Said Certificates of Insurance shall include a provision wherein the coverage shall not be
canceled, terminated or otherwise modified without 60 days prior written notice provided to Weld
County.
Types of Insurance: The Contractor shall obtain, and maintain at all times during the term of this
Agreement, insurance in the following kinds and amounts:
Workers' Compensation Insurance as required by state statute, and Employer's Liability
Insurance covering all of the Contractor's employees acting within the course and scope of their
employment. Policy shall contain a waiver of subrogation against the County. This requirement
shall not apply when the Contractor or subcontractor is exempt under Colorado Workers'
Compensation Act., AND when the Contractor or subcontractor executes the appropriate sole
proprietor waiver form.
Commercial General Liability Insurance for bodily injury, property damage, and liability assumed
under an insured contract, and defense costs, with the minimum limits must be as follows:
$1,000,000 each occurrence,
$2,000,000 general aggregate,
$2,000,000 products and completed operations, and
$1,000,000 personal advertising injury.
Automobile Liability: The Contractor shall maintain limits of $1,000,000 for bodily injury per
person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage
applicable to all vehicles operating both on County property and elsewhere, for vehicles owned,
hired, and non-owned vehicles used in the performance of this Agreement.
The Contractor shall secure and deliver to the County at or before the time of execution of this
Agreement, and shall keep in force at all times during the term of this Agreement as the same may
be extended as herein provided, a commercial general liability insurance policy, including public
liability and property damage, in form and company acceptable to and approved by said
Administrator, covering all operations hereunder set forth in this Agreement.
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 Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor
liability, and inland marine, 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 Weld 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
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.
14. Non-Assignment.
The Contractor may not assign or transfer this Agreement or any interest therein or claim
thereunder, without the prior written approval of the County. Any attempts by the Contractor to
assign or transfer its rights hereunder without such prior approval by the County shall, at the option
of the County, automatically terminates this Agreement and all rights of the Contractor hereunder.
Such consent may be granted or denied at the sole and absolute discretion of the County.
15. Examination of Records.
To the extent required by law, the Contractor agrees that any duly authorized representative of the
County, including County Finance and/or Auditor personnel, 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 three (3) years from the date of the last payment received.
16. 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.
17. Notices.
The County may designate, prior to commencement of work, a representative ("County
Representative") who shall make, within the scope of his or her authority, and all necessary and
proper decisions with reference to these services. All requests for Agreement interpretations,
change orders, and other clarification or instruction shall be directed to this County Representative.
The County Representative for purposes of this Agreement is hereby identified as the Weld County
Director of Justice Services Department, with consultation from the Weld County Director of
General Services, as needed. All notices or other communications (including annual maintenance
made by one party to the other concerning the terms and conditions of this Agreement shall be
deemed delivered under the following circumstances:
a) Personal service by a reputable courier service requiring signature for receipt; or
b) Five (5) days following delivery to the United States Postal Service, postage prepaid
addressed to a party at the address set forth in this Agreement; or
c) Electronic transmission via email at the address set forth below, where receipt or
the sending party requires acknowledgment.
Either party may change its notice address (es) by written notice to the other.
Notification Information:
Contractor: B.I. Incorporated Attn: Laurent Lepoutre, Business Development Director. Address:
6265 Gunbarrel Ave., Suite B, Boulder, CO 80301 E-mail: Laurent.Lepoutre( bi.com Fax: 303-
218-1250; and
Contractor: Attn: Loren Grayer, Divisional Vice President, Reentry Services One Park Place,
Suite 500, 621 Northwest 53rd Street Boca Raton, Florida 33487
County: Douglas Erler: Director, Weld County Justice Services Department. Address: 915 10th
Street, #334 Greeley, CO 80632 E-mail: derler(caweld.co.us Fax: 970-392-4677. This official shall
serve as the main point of contact of this Agreement for the County.
19. 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.
20. Non-Exclusive Agreement.
This Agreement is nonexclusive and the County may engage or use other Contractors or persons
to perform services of the same or similar nature.
21. Entire Agreement/Modifications.
This Agreement contains the entire agreement between the parties with respect to the subject matter
contained in this Agreement. This instrument supersedes all prior negotiations, representations, and
understandings or agreements with respect to the subject matter contained in this Agreement. This
Agreement may be changed or supplemented only by a written instrument signed by both parties.
22. Fund Availability.
Financial obligations of the County payable after the current fiscal year are contingent upon funds
for that purpose being appropriated, budgeted and otherwise made available. Execution of this
Agreement by the County does not create an obligation on the part of County to expend funds not
otherwise appropriated in each succeeding year.
23. Employee Financial Interest/Conflict of Interest-C.R.S. §§24-18-201 et seq. and §24-50-507.
The signatories to this Agreement agree 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 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, in immediate termination
of 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.
24. Severability.
If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a
court of competent jurisdiction, this Agreement shall be construed and enforced without such
provision, to the extent that this Agreement is then capable of execution within the original intent of
the parties.
25. Governmental Immunity.
No term or condition of this Agreement shall be construed or interpreted as a waiver, express or
implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado
Governmental Immunity Act §24-10-101 et seq., as applicable now or hereafter amended.
26. No Third Party Beneficiary.
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 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 an incidental beneficiary only.
27. Board of County Commissioners of Weld County Approval.
This Agreement shall not be valid until the Board of County Commissioners of Weld County,
Colorado or its designee has approved it.
28. Choice of Law/Jurisdiction.
Colorado law, and rules and regulations established pursuant thereto, shall be applied in the
interpretation, execution, and enforcement of this Agreement. Any provision included or
incorporated herein by reference, which conflicts with said laws, rules, and/or regulations shall be
null and void. In the event of a legal dispute between the parties, the Contractor agrees that the
Weld County District Court serving the 19th Judicial District of Colorado shall have exclusive
jurisdiction to resolve said dispute.
29. 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 contract. 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 of 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 or enter
into a contract with a subcontractor that fails to certify with the Contractor that the subcontractor
shall not knowingly employ or contract with an illegal alien to perform work under this Agreement.
The Contractor shall not use 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. §8-17.5-102(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 this Agreement, 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 this Agreement. 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 this Agreement.
30. Attorney Fees/Legal Costs.
In the event of a dispute between the County and the Contractor, concerning this Agreement, the
parties agree that each party shall be responsible for the payment of attorney fees and/or legal
costs incurred by or on its own behalf.
31. Binding Arbitration Prohibited.
i
Weld County does not agree to binding arbitration by any extrajudicial body or person. Any
provision to the contrary in this Agreement or incorporated herein by reference shall be null and
void.
Acknowledgment. The County and the Contractor acknowledge that each has read this Agreement,
understands it and agrees to be bound by its terms. Both parties further agree that this Agreement is the
complete and exclusive statement of the agreement between the parties and supersedes all proposals or
prior Agreements, oral or written, and any other communications between the parties relating to the subject
matter of this Agreement. Both parties represent that they have the authority to contractually bind their
respective organizations.
Acknowledgment. The County and the Contractor acknowledge that each has read this Agreement,
understands it and agrees to be bound by its terms. Both parties further agree that this Agreement is the
complete and exclusive statement of the agreement between the parties and supersedes all proposals or
prior Agreements, oral or written, and any other communications between the parties relating to the
subject matter of this Agreement. Both parties represent that they have the authority to contractually bind
their respective organizations.
IN WITNESS WHEREOF, the parties hereto signed this Agreement below:
Contractor:
BI Incorporated
BY: t 'S
Signature Date
6Y e.uy C(aY cir
Print Name 1
ATTEST: C� ��,��,,//
dir-44) G �'C�o�� BOARD OF COUNTY COMMISSIONERS
Weld •unty Clerk to th Board WE ' COUNTY, COLO DO
•
BY: �.�_.�� ` ''r�✓.�I�I/r1�1` �/l. �i!e A _• ,
Deputy CI rk to the B��'t� 1 I- rbara Kirkmeyer, C air
DEC 2 3 2015
0124.442
APPROVED AS TO FUNitrl' ± -p PROVED AS TO SUBSTANCE:
Controller Elected Offici-I o De•=rtment Head
APPR D AS T FORM:
Nlt4
County Attorney Director of General Services
(APPENDICES)
EXHIBIT A
COUNTY FUNDED
ELECTRONIC EQUIPMENT and ELECTRONIC MONITORING PROGRAM
The County Funded Electronic Equipment and Electronic Monitoring Program ("County Pay") includes
direct electronic monitoring services through the Contractor's national call center, the BI GuardCenter.
The County is responsible for maintaining a spare inventory level and conducting all compliance
reporting, case management, and operations through the Contractor's proprietary monitoring software,
TotalAccess. The County is responsible for alert management, participant enrollment, data entry,
inventory management, reporting, case management, Equipment troubleshooting, and data
management. However, the Contractor shall incorporate "24x7x365" technical support from the
Contractor's national call /monitoring center.
1. DEFINITIONS
1.1 Client:A person sentenced or ordered by a court of competent jurisdiction in Colorado and subject
to the County's designated programs.
1.2 Equipment: The Contractor's manufactured products including, but not limited to, Global
Positioning System (GPS) Field Monitoring Devices, Transmitters, Alcohol Monitoring Devices,
Biometric Voice, as well as third party products provided by the Contractor.
1.3 Tracking Unit: The Contractor's one-piece GPS tracking device that includes multiple location
detection and tamper prevention technologies to provide accurate and reliable location
information and transmits to a central monitoring computer in near real-time.
1.4 Radio Frequency (RF): The Contractor's manufactured Field Monitoring Device (FMD) together
with the Contractor's radio frequency transmitter(Transmitter).
1.5 Transdermal Alcohol Device (TAD): Is an ankle-mounted transdermal alcohol sensor that detects
the wearer's alcohol consumption and reports possible drinking events.
1.6 TotalAccess: The Contractor's integrated software application and platform that is web-based
and allows approved users to view electronic monitoring activities and certain reports.
1.7 Call Center: The Contractor's "24/7/365" monitoring support center to internal systems,
telecommunications, training, monitoring Equipment and ongoing technical support.
1.8 Supplies: Straps, latches, and batteries for the Contractor's Equipment.
1.9 Alert Condition: An occurrence requiring the Contractor to provide information to the County, as
further set forth in Section 2.
1.10 Authorized Personnel: Those persons selected by the County who are authorized to enroll clients
and select or adjust applicable Notification Options.
1.11 Notification Options: Predefined parameters selected by the County that instruct the Contractor
on how to respond to and notify the County of an Alert Condition.
2. SERVICES AND RESPONSIBILITIES OF THE CONTRACTOR FOR THE PROVISION OF THE
COUNTY FUNDED ELECTRONIC EQUIPMENT and ELECTRONIC MONITORING PROGRAM.
2.1 Training. The Contractor will provide training courses necessary for successful program
performance, including specific officer and administrator-level curricula. Training will consist of
sessions specific to the County's needs and/or the Contractor's proposed solutions.
Training curricula — For Equipment training, the Contractor will provide extensive, hands-on
experience to the County with use of Equipment through both classroom and in the field training
sessions. The Contractor may use multiple training approaches to include online, officer-directed
sessions activated via TotalAccess, webinars facilitated by in-person instructors, and/or on-site
training seminars.
2.2 Monitoring Services: The Contractor will provide the following monitoring services to the County
for the County's designated programs requiring electronic monitoring of identified participants.
The monitoring services provided hereunder are specifically designed to determine, by electronic
means, a person's movement in the community and maintain an accurate position or the
presence of a person at a specified location (typically that person's place of residence).
2.3 The Contractor will provide notification of Alert Conditions to authorized and identified County
staff. Alert notification will be in accordance with the County's notification form or requirements.
2.4 Alert Condition and Equipment status information for each client will be documented and
maintained by the Contractor. Upon a client's completion of the monitoring term, the Contractor
will archive a termination record of all monitoring data compiled during the monitoring term and
will maintain this record for a period of no less than five (5) years from the date of each client's
termination. The Contractor will maintain a Client Activity Record five (5) years from the start of
the client's monitoring term.
2.5 The Contractor will assume the financial responsibility of all communication charges associated
with the monitoring unit(s) and central host computer communications.
2.6 TotalAccess is a secure and password protected application that supports the Contractor's
continuum of radio frequency, GPS, and alcohol monitoring Equipment. TotalAccess is
available 24 hours a day, 7 days a week, and 365 days a year from any web-enabled computer
or a properly configured device. In TotalAccess, users are able to:
• Enroll and inactivate clients from the system,
•View and process alerts,
•View, enter and modify data including zones, schedules, and client demographics,
• Create, run, schedule, and download reports,
• Enter procedures for responding to violations and customize violation notifications, and
• Combine events to control alert notification.
Within the TotalAccess platform, users can specify how they want to be notified of participant
violations and alerts. Users can choose to be notified via email; fax and/or page (text message)
based on alert priority level and escalation procedures.
The County shall select notification settings and procedures by completing an Agency Notification
Form. The County may receive automated notifications in the following formats, which can be
delivered simultaneously or in a times escalation format: email, text to mobile device and fax.
The Contractor will not start service until a signed Alert Notification Form is received by the
County.
2.7 County Support: The Contractor will make reasonable efforts to provide the County with
answers to specific County support requests as related to the Equipment and use thereof, to
include attending court hearings in connection to the reliability, validity and efficacy of the
Equipment and/or services.
2.8 Rental Maintenance: The Contractor shall maintain the Equipment at its own expense. The
Contractor will maintain, repair and replace all Equipment. The Contractor will be responsible
for costs associated with Equipment maintenance, including shipping to and from BI's
manufacturing facility and providing the County with a sufficient supply of consumables and
accessories. Maintenance will be performed at the Contractor's facility. Notwithstanding such
obligation, unless otherwise specified in this Exhibit A, the County shall be responsible for lost
or missing Equipment beyond the 5% allowance and/or the cost of required repairs
necessitated by (i) County negligence or(ii) the damage or destruction of the Equipment by
parties other than the Contractor. The County shall also be responsible for the replacement
costs of lost or missing equipment beyond the 5% allowance.
3. EQUIPMENT
3.1 Supplied by the Contractor: The Contractor shall supply a sufficient quantity of electronic
monitoring units/Equipment to meet the County's need subject to five (5) days' notice prior to
shipment. The County agrees that it shall assist the Contractor in forecasting its Equipment
needs, when requested. In the event Equipment becomes unavailable, the Contractor shall allow
an excess of the 20% spare allowance at no additional charge. All Equipment supplied by the
Contractor shall be subject to all charges set forth in this Exhibit A, as applicable. The County's
utilization of the Contractor's Equipment shall be entitled to receive, at no additional costs, a
reasonable quantity of supplies and reasonable quantity of Equipment installation kits (i.e. unit
activator, lead cutter, Allen wrench driver, etc.) to maintain the programs by the County.
Inspection of Equipment. Upon providing written notice at least two (2) business days prior,
the Contractor shall have the right to enter on the premises where the Equipment may be located
during normal business hours for the purpose of inspecting it, observing its use, or conducting an
inventory.
3.2 Supplied by the County: The County may, subject to prior approval by the Contractor, supply its
own equipment to be utilized hereunder. Any such equipment or item of equipment must be
compatible with the Contractor's host computer monitoring system. Equipment supplied by the
County will not be subject to the rental charges set forth in this Exhibit A. All other charges as
set forth in this Exhibit A are considered applicable and are payable by the County in accordance
with the terms and conditions set in this Exhibit A. In no event is the County entitled to equipment
and associated supplies (batteries, latches, and straps) of the Contractor if it is supplying its own
equipment hereunder.
3.3 Freight: The Contractor shall incur all freight costs for shipment of any Equipment.
4. MONITORING SYSTEM
4.1 The monitoring system utilized hereunder consists of a tracking unit, RF, TAD and the
Contractor's central host computer system. Equipment thereof are issued to the clients identified
by the County. The central host computer system is located in the Contractor's offices.
4.2 System Maintenance: The County acknowledges that the Contractor must perform periodic
maintenance on its host computer system. During the performance of this maintenance, the
system may be required to be temporarily "off-line." BI will exercise commercially reasonable
efforts to notify the County via e-mail or phone in advance of any such maintenance.
5. COUNTY OBLIGATIONS.
5.1 To retain complete authority for client selection and alert management;
5.2 To be responsible for all liaison work with the involved courts and/or agencies;
5.3 To provide the Contractor with an Agency Level Notification Form signed by an authorized
representative of the County;
5.4 To identify Authorized Personnel not otherwise stated in the Agreement;
5.5 To provide to the Contractor all required client information, including, but not limited to, assigned
Equipment, demographic information, curfew schedules, and monitoring information;
5.6 To identify and make available County staff and/or Equipment for the purpose of notification by
the Contractor to the County of alerts and Equipment status problems;
5.7 To perform or oversee orientation and installation of Equipment in compliance with the
Contractor's policy. The Contractor's policy establishes a specifically correct method of
Equipment installation. Orientation, in accordance with the Contractor's policy, establishes
Equipment use guidelines. In the event that the Contractor assumes liability for lost, stolen, or
damaged Equipment, the County will ensure that equipment responsibility forms are signed by
the clients.
5.8 To establish an Alert Condition response policy and to respond to Alert Condition notifications in
accordance with that policy;
5.9 To protect and secure the County's access codes; and
5.10 To ensure that County users have completed training in access and use of the Monitoring Service,
including TotalAccess and use of the TotalAccess
System.
6. COST OF SERVICES
6.1 Monitoring Service Charge: For the purposes of this Agreement, an Active Unit is defined as an
Equipment Unit,which is assigned to a client and is being monitored by the Contractor(an"Active
Unit"). An Active Unit Day is defined as any day, or any portion thereof, in which there is an
Active Unit (an "Active Unit Day"). Every Active Unit is subject to a daily charge, the "Monitoring
Service Charge", as set forth in this Exhibit A. For every Active Day, the County shall pay to the
Contractor an amount based upon the Monitoring Service Charge.
6.2 Net 30: The Contractor will invoice the County on a monthly basis for all charges incurred during
the past month.The County shall make payment to the Contractor within thirty(30)days of receipt
of said invoice. Interest on any amount which is past due shall accrue at the rate of 1-1/2% per
month, or if such rate exceeds the maximum rate allowed by law, then at such maximum rate,
and shall be payable on demand.
7. OWNERSHIP--CONFIDENTIALITY/NONDISCLOSURE OBLIGATIONS
7.1 The Contractor shall retain all ownership interests in all parts of the Monitoring
ServicesTotalAccess and ExacuTrack Service. All rights owned by the Contractor that are not
granted by this Agreement, including the right to derivative works, are reserved to the
Contractor. The Licensed Software, Documentation, and any and all copies thereof, whether in
whole or in part, whether made by the Contractor or anyone else, and all rights, powers and
privileges which arise out of this Agreement are, and shall remain at all times, the sole and
exclusive property of the Contractor. Nothing contained in this Agreement shall be deemed to
convey to the County any title or ownership interest in the Licensed Software, Documentation
and rights, powers and privileges that arise out of this Agreement. The County shall not directly
or indirectly dispute or contest the validity of the Contractor's rights to the Licensed Software.
7.2 The County further understands, acknowledges, and agrees that certain aspects of the
Licensed Software are the Contractor's trade secrets. These include, but are not limited to, the
following: system design, modular program structure, system logic flow, file content, video and
report format, coding techniques and routines, file handling, video screen and data entry
handling, and report and/or form generation. The County agrees to hold in confidence and not
disclose to any party, other than authorized employees, documentation or any trade secrets of
the Contractor.
7.3 The Contractor will issue the County a login ID and a password for use in accessing
TotalAccess and the specific client information for the County. The confidentiality of this
information is dependent upon the County's careful control of the login ID and password. The
County agrees to maintain its password as private and confidential information and to take all
reasonable measures to maintain the careful control and security of the login ID and password.
In this regard, the County agrees that each employee or contractor, to be authorized to work
with or to have access in any way to the Documentation or trade secrets hereunder, shall
agree to be bound by the confidentiality, nondisclosure, use, and copying restrictions consistent
with those of this Agreement. The County agrees to notify the Contractor immediately of the
existence of any circumstances surrounding any unauthorized knowledge, possession, or use
of the login ID and password or any part thereof by any person or entity. The Contractor is not
responsible for breaches in security resulting from third party access to the County's password.
7.4 The County shall not itself and also shall not knowingly permit any of its employees,
subcontractors, or sublicenses to alter, maintain, enhance, or otherwise modify any part of the
Monitoring Service other than strictly to input, access and update information relating to clients,
as permitted by this Agreement. The County shall not reverse engineer, reverse compile, reverse
assemble or do any other operation or analysis with the Monitoring Service or associated
software, hardware, and technology that would reveal any of the Contractor's confidential
information, trade secrets, or technology.
7.5 The County agrees not to make any attempt to gain any unauthorized access to any other
agencies or user's account or to the systems, networks or databases of the Monitoring Service
other than the County's specific client information as specifically permitted herein. Violations of
the Monitoring Service security system are prohibited and could result in criminal and civil liability.
7.6 During the term of this Agreement or at any time thereafter, the County, its employees, agents
and subcontractors; shall not, divulge, communicate or utilize, other than in the performance of
the County's obligations under this Agreement, any Confidential Information which the County or
such person has acquired or may acquire, whether technical or non-technical, relating to the
business and affairs of the Contractor, including without limitation to the designated systems,
services and/or related documentation.
8. SOFTWARE LICENSE INDEMNIFICATION
8.1 The Contractor shall indemnify the County against the liabilities and costs arising from the
infringement by the Licensed Software of any United States copyright or patent, or from the
infringement of the trademark, trade secret, or unfair competition rights of a third party, provided
that the County promptly notifies the Contractor in writing of the suit or any claim of infringement
and that the Contractor is permitted to control fully the defense and settlement of any claim or
suit. The County shall have the right, at its own expense, to appear through counsel of its own
choosing.
8.2 The Contractor shall have the right to settle any such claim or suit at its discretion and may
procure the right to continue using the software at issue or substitute alternative substantially
equivalent non-infringing software, computer programs and supporting documentation.
8.3 The Contractor shall have no liability for any claim or suit based on any United States copyright
or patent, or the trademark, trade secret, or unfair competition rights of a third party based on
any modification done to the Licensed Software by the County.
8.4 The County agrees to indemnify and hold the Contractor and its employees, agents, and
contractors, harmless from any and all claims of third parties resulting from or incidental to the
County's use or operation of the Contractor's Licensed Software.
8.5 The Contractor will not assign, sublicense, or otherwise transfer any of its rights under this
Agreement or the license granted hereby without prior written consent of the Contractor.
9. LIMITATION OF LIABILITY
9.1 The Contractor will be responsible for the proper use, management and supervision of the
Equipment. The County agrees that the Contractor will not be liable for any damages caused
by the County's failure to fulfill these responsibilities.
9.2 Disclaimer of Warranty: Except as specifically provided herein, the Contractor excludes the
warranties of merchantability and fitness of the Monitoring Service or Equipment for a particular
purpose. The Contractor expressly disclaims any warranty that the Monitoring Service or
Equipment is impervious to tampering. The foregoing warranties are in lieu of all other warranties,
expressed or implied. BI expressly disclaims any warranty that the Monitoring Service or
Equipment is complete, accurate, reliable, error free or free from viruses or other harmful
components, that the products and services will be continuously available, or that data entered
are secure from unauthorized access.
9.3 Damages: In no event will the Contractor be liable for any indirect, special, incidental or
consequential damages, even if the Contractor has knowledge of the possibility of the potential
loss or damage, in connection with or arising out of the provision, performance, or use of the
Monitoring Service or Equipment provided under this Agreement.
9.4 Acts: In no event does the Contractor assume any responsibility or liability for acts that may be
committed by persons and/or Clients that are subject to the County's electronic monitoring
program.
Because the Contractor does not approve those persons and/or clients subject to the County's
electronic monitoring programs, the County agrees to indemnify the Contractor from and against
all liability resulting from the acts committed by those persons subject to its electronic monitoring
program.
The term "liability" includes but is not limited to legal fees and expenses, penalties and interest.
This indemnification provision shall remain in effect even if(a)the County has made full payment
under this Agreement; or(b)this Agreement is terminated.
10. GENERAL
10.1 Each party is obligated to protect the proprietary rights and trade secrets, which must be revealed
during the course of business. Such obligation shall be for the term of the Agreement and five
(5) years thereafter. Protection shall be interpreted as against the use of such information in a
way deemed detrimental to the other party. Publicly available information shall not be considered
proprietary.
10.2 This Agreement is limited in its scope to its defined purpose. It in no way implies that either party
has specific knowledge or bears responsibility for the business practices of the other party. All
business practices and compliance outside the defined conditions of this Agreement and
authorized amendments are the sole responsibility of each party.
10.3 Any provision of this Agreement, which is found to be prohibited by law, shall be ineffective to the
extent of such prohibition without invalidating the remainder of this Agreement. Preprinted terms
and conditions of any purchase order or other instrument issued by the County in connection with
this Agreement that are in addition to or inconsistent with the terms and conditions of this
Agreement will not be binding on the Contractor and will not apply to this Agreement.
CONTINUATION OF EXHIBIT A
The costs to the County for the Equipment and Services rendered by the Contractor are as follows:
MONITORING SERVICES CHARGE: An Active Unit that has been assigned to a client under the
terms of this Agreement and is being monitored by the Contractor.
EXACUTRACK ONE CHARGES:
Daily Rate by
Solution Equipment/Service
Client
ExacuTrack One
GPS Active Service Service level includes collecting a GPS point every minute, $4.30
Plan (Option 1) transmitting all data every 12 hours, and immediate
notification of zone violations
ExacuTrack One
GPS Active Service Service level includes collecting a GPS point every minute, $4.50
Plan (Option 2) transmitting all data every 60 minutes and immediate
notification of zone violations
ExacuTrack One
GPS Active Service Service level includes collecting a GPS point every minute,
Plan (Option 3) transmitting all data every 60 minutes, using AFLT every $4.50
30 minutes should GPS be unavailable, and immediate
notification of zone violations
GPS Passive Service ExacuTrack One
Plan Service level includes collecting a GPS point every 3 $4.20
minutes and transmitting all data every 12 hours
RF Curfew Monitoring HomeGuard 200 $2.40
(Landline)
RF Curfew Monitoring HomeGuard 206 $4.10
TAD $6.86
Alcohol monitoring only with landline receiver
TAD
Transdermal Alcohol Alcohol monitoring with integrated RF curfew monitoring $6.86
Monitoring and landline receiver
TAD Cellular Home Base
The two line items above will communicate with the central $1.59
monitoring computer via cellular networks at this additional
price
Biometric Voice Voice ID $0.39
Verification per call
Mobile Breath Alcohol SOBERLINK SL2 $6.65
Monitoring (Optional)
Spares: 20% spare allowance. Of the Active Units, an additional 20% of units may be considered
Inactive Units or Shelved Units, defined as Equipment Units, which shall not be assigned to clients and
are not being monitored by the Contractor.
Equipment Daily Rate by Shelved Unit
ExacuTrack One $2.70
HomeGuard 200
HomeGuard 206
TAD
i I
TAD Cellular Home Base
SOBERLINK SL2
Lost/Damaged allowance:Annually, 5% lost and/or damage allowance for all Equipment types in this
Agreement.
Equipment Replacement Cost Per Unit
ExacuTrack One Tracker $1,550.00
ExacuTrack One Beacon $275.00
HomeGuard Transmitter $350.00
HomeGuard 200 Receiver(Landline) $850.00
HomeGuard 206 Receiver(Cellular) $1,500.00
TAD Monitoring Unit $1,284.00
TAD Receiver(Landline) $1,284.00
TAD Receiver(Cellular) $2,215.43
SL2 $800.00
II
EXHIBIT B
OFFENDER-FUNDED
ELECTRONIC IN-HOME MONITORING PROGRAM
The Offender Funded Electronic In-Home Monitoring Program, places payment responsibility in the
hands of the offender. Under this program, the Contractor's Greeley Field Services office personnel are
responsible for installation/removal, intake and orientation, data entry and schedule management,
compliance reporting, inventory management, and general case management. The Contractor is also
responsible for lost/damaged Equipment and Equipment maintenance. Local Contractor personnel will
repair or replace Equipment at the Greeley Field Services office. If the Equipment cannot be made
operational or the offender loses or damages the Equipment, local Contractor staff will swap out the
Equipment and replace with new Equipment. Contractor staff will ensure that the repaired or new
Equipment is functioning properly before any installation.
1. COUNTY OBLIGATIONS.
1.1 The County shall retain complete authority over this program, through its Justice Services
Department.
1.2 The County shall keep originals of all documentation related to the offenders committed to this
program, as applicable.
1.3 The County shall provide storage space to the Contractor for identified Equipment.
1.4 The County will perform all jail-booking responsibilities of persons sentenced to the program
and shall make available sufficient and comfortable space to the Contractor to conduct
orientation and intake procedures of persons ordered to this program.
The Offender-Funded program places payment responsibility in the hands of the offender. Under this
program, the Contractor is responsible for administrative duties and case management tasks, to include
the following:
2. SERVICES AND RESPONSIBILITIES OF CONTRACTOR
2.1 The Contractor shall provide all field monitoring Equipment (tracking units, RF and TAD) and all
support Equipment required for the monitoring of offenders referred to this program.
2.2 The Contractor shall provide sufficient and knowledgeable staff to maintain 24 hour, 7 day
monitoring of offenders referred by the County, and will provide a local 24-hour contact
information via text, email and/or telephone.
2.3 The Contractor shall be responsible for the determination and collection of program fees from
offenders at the rates set forth in this Exhibit B.
2.4 The Contractor shall not prohibit participation in the program by the inability of the offender to
pay or the length of sentence.
2.5 At program entry, the Contractor shall perform baseline drug testing on offenders serving 10
calendar days or more. Baseline drug testing costs shall be borne upon the Contractor.
Subsequent testing shall be performed randomly through the duration of participation at the
offender's expense and acknowledgement at the time of their initial intake.
2.6 The Contractor shall provide overall program and participant supervision including, but not
limited to, the following:
D. Prior to performing participants' orientation and enrollment, the Contractor will evaluate
inventory levels to ensure necessary Equipment is available based on Mittimi and/or
Judgement of Conviction documents received from the Court.
➢ Offender orientation at the Work Release Center, the Contractor shall provide and ensure
required documentation is complete to include:
• Intake packets and client handbooks in English and Spanish;
• TAD Agreements, when applicable;
• Employment verification and job seeking forms;
• Contact Sheets; and
• Electronic Monitoring operating instructions.
> Hook-up and installation of all required electronic monitoring Equipment, as ordered.
> Provide program and Equipment orientation for clients detailing program requirements
and Equipment instructions in English and Spanish.
➢ The Contractor shall enroll participants into TotalAccess, including recording Equipment
serial numbers and participant profile information.
➢ Interviewing and determination of appropriate monitoring schedules for participants
including, but not limited to, adequate and reasonable travel times to and from work and
zone restrictions, as applicable. The monitoring schedule shall clearly identify the
authorized activities the participants are allowed to participate in outside of the approved
residence or confinement, and whereas the participants acknowledgement is entered
correctly into TotalAccess.
➢ Coordination and ongoing collection of participant drug testing and drug testing of
specimens.
➢ Employer verification of the participant if employed, to include determination of how the
participant will travel to and from work, and if operating a motor vehicle, verification the
participant has a valid motor vehicle operator's license and current insurance. The
Contractor may also direct contact the participant's employer(s) for location monitoring
and verification.
> Utilize intermediate sanctions for all minor and serious violations, which may include but
are not limited to, verbal and written warnings, review of program placement contract,
increased office visits, lockdown days, restriction of offender activities, and increased
monitored sobriety. The Contractor shall confer and maintain communication with the
County on the status of participant compliance.
➢ Complete offender participant whereabouts verification, including employment verification.
The Contractor shall compare documentation to mandated schedules in TotalAccess to
identify any discrepancies.
➢ Preparation and maintenance of offender files, documenting case management and
activities.
> Maintain offender files for at least 24 months after discharge from the program. Provide
receipt of secured file destruction of files to the County of files aged beyond these 24
months.
➢ Initiate disciplinary action and procedures for all serious violations by writing an infraction
report with any supplemental documentation (TotalAccess reports, toxicology results, etc.)
and notifying the County by the no later than the next business day for possible transfer of
said offender to either the Work Release Center or Main Jail, and as deemed mutually
reasonable to ensure public safety to all parties. Agreement by each party is required for
circumstances involving negative termination of a participant from this program and their
return to secured custody. The Contractor is responsible for retrieving Equipment
assigned to the client. The County will assist whenever possible or practicable.
➢ Initiating walk-away procedures, when clients do not return to their home as scheduled or
leave without authorization or significant interruption in monitoring services; Contractor
staff will not exceed two (2) hours to attempt to locate the client before beginning formal
walk-away procedures, which may include a home visit. Notification to the County shall be
verbal (for clear emergencies) and otherwise in the form of a written infraction report,
outlining actions taken by the Contractor to locate the offender.
➢ Submission of accurate program statistics to the Weld County Justice Services
Department and Sheriff's Office on a monthly basis within 15 days of month-end or as
needed. Required statistics for each program client are (minimally) as follows:
• Case number
• Sentencing Court Division
• Intake date
• Length of sentence
• Days completed
• Release date
• Type of monitoring
• Fees data
• Number and type of infractions
CONTINUATION OF EXHIBIT B
The costs to the offender(participant)for the services rendered by the Contractor are as follows:
Solution Equipment&Services Day Rate Per Client
Active Service ExacuTrack One; Service includes collection of GPS $9.00
Plan points every minute, transmitting all data every 30
minutes and using AFLT every 30 minutes should GPS
be available.
GPS Passive ExacuTrack One; Service level includes collecting GPS $9.00
Service Plan points every minute, and transmitting all data every 12
hours.
RF Curfew HomeGuard 200 $8
Monitoring
(landline)
RF Curfew HomeGuard 206 $9.00
Monitoring
(cellular)
Transdermal TAD (landline) $10.00
Alcohol Device
(landline)
Transdermal TAD with RF (cellular) $13.00
Alcohol Device
and RF Curfew
Monitoring
(cellular)
Mobile Breath SOBERLINK SL2 $10.00
Alcohol
Monitoring
(optional)
Initial Orientation Client Enrollment Fee $30.00 (one time only)
Toxicology Baseline Urinalysis and Ongoing Urinalyses for duration $15.00 per sample
Testing in program (5 panel)
Toxicology Urinalysis confirmation testing Per rate of approved
Testing toxicology testing agency.
(confirmation) The Contractor shall give
advance notice to the
client.
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