HomeMy WebLinkAbout20153365.tiff RESOLUTION
RE: APPROVE CONTRACT AMENDMENT #1 FOR ONGOING INTENSIVE SUPERVISION
PROGRAM (ISP) SERVICES FOR CERTAIN INMATES AND PAROLEES AND
AUTHORIZE CHAIR TO SIGN
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 Contract Amendment #1 for Ongoing
Intensive Supervision Program (ISP) Services for Certain Inmates and Parolees between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, on behalf of the Department of Justice Services, and the Colorado Department of
Corrections, commencing August 14, 2015, and ending June 30, 2017, with further terms and
conditions being as stated in said amendment, and
WHEREAS, after review, the Board deems it advisable to approve said amendment, 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 Contract Amendment #1 for Ongoing Intensive Supervision Program
(ISP) Services for Certain Inmates and Parolees between the County of Weld, State of Colorado,
by and through the Board of County Commissioners of Weld County, on behalf of the Department
of Justice Services, and the Colorado Department of Corrections be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said amendment.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of October, A.D., 2015, nunc pro tunc August 14, 2015.
BOARD OF COUNTY COMMISSIONERS
4kmeYea
COUNTY, COL RADO
ATTEST: ". W/ , 2LLo (�t ,!.( a/ f�[/L-
�C. ir
Weld County Clerk to the Board
�iet_0_6,-) � Mike Freeman, Pro-TernBY:
Lk
ty Clerk to the Boar � E
E� � can P. Conway
APPROVED AS TO FORM: I ,� ,��"�� �,i 'GL>!CD
1861 , � ie A. ozad
ounty Attorney ?1114i ®�'i � teve Moreno
Date of signature: / --ma•roisIe
�,C .IS 1� 2015-3365
JS0005
Justice Services Department
915 10th Street,#334
P.O. Box 758
Greeley, CO 80632
Phone: (970) 336-7227
o N Fax: (970)392-4677
MEMORANDUM
To: Board of County Commissioners
From: Doug Erler, Director
Re: Consider Contract Amendment#01 of Original Contract CMS#43840 for Ongoing
Intensive Supervision Program (ISP)Services for Certain Inmates and Parolees and
Authorize Chair to Sign
Date: October 19, 2015
This item was originally presented to you as a Pass Around Review on 9/23/15.The Colorado
Department of Corrections seeks again to amend the master contract in place and in good standing with
Weld County. The master contract outlines overall service and fund distribution responsibilities. BI, Inc.,
through its Greeley Field Office, is the Board's approved subcontractor and they provide the direct
services to these offenders,which includes toxicology testing, medication monitoring and general
assistance for local Parole Officers.The Justice Services Department provides administration and
oversight.
This amendment specifies small changes in service delivery;there is no cost to Weld County. I asked
Frank Haug to review the amendment and he observed no impediments to proceed.
I respectfully recommend that you approve and authorize your Chair to sign.
Thank you.
2015-3365
CONTRACT AMENDMENT
Amendment#01 Original Contract CMS#43840
Amendment CMS#80648 CORE#CT CAAA 2016001109
1) PARTIES
This Amendment to the above-referenced Original Contract(hereinafter called the Contract)is entered
into by and between Weld County,(hereinafter called"Contractor"),and the STATE OF
COLORADO(hereinafter called the"State")acting by and through the Colorado Department of
Corrections(hereinafter called the"CDOC").
2) EFFECTIVE DATE AND ENFORCEABILITY
This Amendment shall not be effective or enforceable until it is approved and signed by the Colorado
State Controller or designee(hereinafter called the"Effective Date"). The State shall not be liable to
pay or reimburse Contractor for any performance hereunder including, but not limited to, costs or
expenses incurred,or be bound by any provision hereof prior to the Effective Date.
3) START DATE
This Amendment shall take effect on the later of its Effective Date or August 14,2015.
4) FACTUAL RECITALS
The Parties entered into the Contract to provide Intensive Supervision Program("ISP")services for
parole and community offender populations. The Parties wish to amend the Contract to:
a. Allow Contractor to provide supportive services to all Parole Offenders;
b. Extend the term of the Contract;
c. Add provisions for Chain of Custody,and confirmation testing for Urinalysis ;
d. Remove case management services;
e. Increase Cost for Urinalysis;
f. Substitute Exhibit A for Exhibit A(1)to account for changes in the Statement of Work.
g. Substitute Exhibit B for Exhibit B(1)to account for changes in pricing and services.
5) CONSIDERATION
The Parties acknowledge that the mutual promises and covenants contained herein and other
good and valuable consideration are sufficient and adequate to support this Amendment. The
Parties agree to replacing the Colorado Special Provisions with the most recent version (if
such have been updated since the Contract and any modification thereto were effective) as
part consideration for this Amendment.
6) LIMITS OF EFFECT
This Amendment is incorporated by reference into the Contract, and the Contract and all prior
amendments thereto, if any,remain in full force and effect except as specifically modified herein.
7) CONTRACT MODIFICATIONS.
The Contract and all prior amendments thereto, if any,are modified as follows:
a. Purpose
Paragraph C of§3 is deleted and replaced with:
The State has approved Contractor to provide supportive services for the Intensive Supervision
Program("ISP"), Youthful Offender System("YOS"), and adult parolees,(hereinafter
Offenders).
b. Initial Term-Work Commencement
The second sentence in§5.A. of the Contract is deleted and replaced with:
"This Contract shall terminate on June 30, 2017 unless sooner terminated as specified elsewhere
therein(hereafter,the "Termination Date")."
Page 1
8) EXHIBIT A STATEMENT OF WORK MODIFICATIONS
a. Statement of Work,General Description
Section 1 GENERAL DESCRIPTION of Exhibit A is deleted and replaced with the following
text:
The CDOC is authorized by CRS §17-27.5-101,to administer and execute Contracts with units of
local government, corrections boards, or non-governmental agencies for the provision of the
Intensive Supervision Program("ISP")services for all assigned CDOC Offenders.
Expansion of Services
As requested/approved by CDOC,Contractor will provide Urinalysis services to CDOC
Parolees who are not participating in the Intensive Supervision Program.
b. Case Management Meeting
Section 2.D. Case Management Meeting. of Exhibit A is deleted.
c. Contractor's Obligations
Section 2.A. Services of Exhibit A adds to following text:
CDOC Offenders may be placed on self-pay services if the Offender provides a positive
confirmed urine sample, fails to provide on required day,or provides a flushed sample. If placed
on self-pay services,Offender shall continue to pay for this service until they have provided four
(4)clean,non-flushed samples.
d. Urinalysis(UA)
Section 2.E. Urinalysis(UA).of Exhibit A is deleted and replaced with the following text:
Contractor shall conduct Urinalysis testing of each Offender as requested by CDOC. Upon
Offender providing a urine sample,Contractor shall ensure the Offender initials the security seal.
Contractor's staff of the same gender shall visually observe the Urinalysis sample collection.
After obtaining the UA, Contractor will visually observe the Offender seal the sample to ensure
the sample is closed and the Contractor will apply the security seal. The Contractor's staff shall
retain custody of the specimen and shall ensure all samples collected are logged,and maintained
securely until mailed or transported to the approved laboratory. If not mailed/transported
immediately,the samples shall be kept in a locked refrigerator in a controlled access office. The
number of staff of the Contractor handling specimens shall be minimized and all persons handling
the specimens shall make necessary notations on the chain of custody. Contractor shall transport
the urine samples to the approved laboratory within seven(7)calendar days of collection by
courier or by hand delivered securely by Contractor.Analysis of urine samples shall include,at
minimum, a 5-drug panel test with confirmations,and an Ethyl Glucuronide("EtG")screening. In
the event the Urinalysis test results are positive for unauthorized substances,Contractor shall
obtain a confirmation test on all samples that have initially tested positive. Contractor shall
conduct confirmation tests without additional reimbursement under this Contract;however,the
contractor may invoice the Offender for the confirmation test.
e. Oral Swabs
Section 2.F. Oral Swabs of Exhibit A is deleted and replace with the following text:
Contractor may utilize oral swab testing,which consists of taking a saliva sample via a testing
swab of the inside of the mouth of the Offender,to detect the use of controlled substances or
alcohol.Any positive reading requires a qualitative Urinalysis test to be conducted.
f. Substitution of Exhibit A
Exhibit A is removed,and replaced with Exhibit A(1),incorporating the modifications herein,a
copy of which is attached hereto. Henceforth,references in the Contract to Exhibit A shall be
deemed to refer to Exhibit A(1).
9) EXHIBIT B ISP SUPPORT SERVICES FEE SCHEDULE
a. The title of Table on Exhibit B"Available Support Services and Support Service Fees for ISP
Offenders"is changed to"Available Support Services and Support Services Fees".
Page 2
b. The title of"CWISE Data Entry"is changed to"Monthly Enrollment Fee".The Description is
deleted and replaced with the following text and cost:
"Monthly fee for enrollment in program, if services are provided.One fee per Offender per
month."The Monthly Enrollment Fee is Ten Dollars($10.00).
c. The basis for the Cost of Antabuse is changed and the price is increased from Three Dollars
($3.00)per dose to Two Dollars($2.00)per day.
c. The Description for Urinalysis(UA)is deleted and replaced with the following text:
Supervised UA collection and analysis including confirmation test. The total number of test
shall be based on the number of requested tests by CDOC and corresponding number of
confirmation tests required.
d. The Cost of Urinalysis is increased from Fifteen Dollars and Zero Cents($15.00)each to
Eighteen Dollars and Zero Cents($20.00)each.
e. The Service Title for Case Management is deleted.
f. The monthly cost limit of One Hundred Seventy-Five Dollars and Zero Cents($175.00)per
Offender per month is removed from the Contract. Contractor shall perform services requested
by CDOC without regard to any monthly cost limit.
g. Substitution of Exhibit B
Exhibit B is removed,and replaced with Exhibit B(1), incorporating the modifications herein,
a copy of which is attached hereto. Henceforth,references in the Contract to Exhibit B shall be
deemed to refer to Exhibit B(1).
10) ORDER OF PRECEDENCE
Except for the Special Provisions, in the event of any conflict, inconsistency,variance, or
contradiction between the provisions of this Amendment and any of the provisions of the Contract,the
provisions of this Amendment shall in all respects supersede,govern,and control. The most recent
version of the Special Provisions incorporated into the Contract or any amendment shall always
control other provisions in the Contract or any amendments.
11) AVAILABLE FUNDS
Financial obligations of the state payable after the current fiscal year are contingent upon funds for
that purpose being appropriated,budgeted,or otherwise made available.
12) COUNTERPART SIGNATURES
This Amendment may be executed in one or more identical original counterparts,each of which is
deemed an original,but all of which together shall constitute one and the same instrument. Further,
each Party agrees to accept signature pages communicated or delivered by electronic means as
originals.
THE REST OF THIS PAGE IS INTENTIONALLY LEFT BLANK
Page 3
13) SIGNATURE PAGE
THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT
* Persons signing for Contractor hereby swear and affirm that they are authorized to act on Contractor's
behalf and acknowledge that the State is relying on their representations to that effect.
CONTRACTOR STATE OF COLORADO
Weld County John W. Hickenlooper,Governor
Departff rent of Corrections
Rick Raei ii h, Executive Director
• � I
d i(11_ ,cat k / AYYl(t
By: Bar ra Kirkme er,Chair, .enniter BO1,1t, Director of Finance and
Board of Weld County Commissioners .- Administration
Signatory avers to the State Controller or delegate
that Contractor has not begun performance or that
a Statutory Violation waiver has been requested
under Fiscal Rules
OCT 1 9 2015 /,
Date: Date: ;'' / 1)
ALL AGREEMENTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State Agreements.This Agreement is not
valid until signed and dated below by the State Controller or delegate. Contractor is not authorized to
begin performance until such time. If Contractor begins performing prior thereto,the state of Colorado is
not obligated to pay Contractor for such performance or for any goods and/or services provided
hereunder.
STATE CONTROLLER
Robert Jaros CPA, BA,JD
By: .f
Le y Merriam, C roller, Delegate
Date: //13/ 1.5
Page 4
RE: CONTRACT AMENDMENT INTENSIVE SUPERVISION PROGRAM (ISP) SERVICES
FOR CERTAIN INMATES AND PAROLEES
ATTES : dwv Xo•tik BOARD OF COUNTY COMMISSIONERS
Weld 'ou t lerk to the Board WELD COUNTY, COLORADO
BY: /.`i..��� ,�.....!//�.�i
Deputy CI rk to the B,1 f d�� .0 Barbara Kirkmey r, Chair CT 1 9 2015
APPROVED AS TO FUN I a R ' o, _ -PPROVED AS TO SUBSTANCE:
tab1
Controller / �� ���� Eoc lected Officia o Dep ment Head
APPROVED AS TO FORM: MIA
Az Director of General Services
County Attorney
EXHIBIT A(1)—STATEMENT OF WORK
1. General Description
The CDOC is authorized by CRS §17-27.5-101,to administer and execute Contracts with units of local
government,corrections boards,or non-governmental agencies for the provision of the Intensive
Supervision Program("ISP")services for all assigned CDOC Offenders.
Expansion of Services
As requested/approved by CDOC,Contractor will provide Urinalysis services to CDOC Parolees who
are not participating in the Intensive Supervision Program.
2. Contractor's OBLIGATIONS
A. Services
i. Contractor shall provide the following services to the parole populations of inmates,parolees,
and youthful offender system("YOS"). All services provided shall be recorded and
documented within CWISE,as they are performed("real time").
ii. Services are authorized and terminated only by the Supervising Community Parole Officer,as
generated within CWISE. Contractor shall provide only those services requested on the most
current CWISE referral.
iii. All permitted and agreed upon costs for services are set forth in Exhibit B(1).
iv. CDOC will make payment only for referred services rendered. Service fees shall not exceed
the amount set forth in Exhibit B(1). If the Offender is arrested or absconds and no services
are rendered thereafter,Contractor shall not invoice for payment,and CDOC will make no
payment for the Offender thereafter.
v. CDOC Offenders may be placed on self-pay services if the Offender provides a positive
confirmed urine sample,fails to provide on required day,or provides a flushed sample. If
placed on self-pay services, Offender shall continue to pay for this service until they have
provided four(4)clean,non-flushed samples.Changes may be authorized by a Parole
Manager.
B. Monitored Antabuse Service
Contractor, if capable,shall monitor Antabuse. Prescription Antabuse medication shall be
provided by the Offender and stored by the Contractor and made available as prescribed to the
Offender,and the Offender shall ingest such medication after providing a negative Breath
Alcohol Test("BAT")while being monitored by Contractor.
C. Breath Alcohol Testing
Contractor may engage in random sampling and testing to measure each Offender's blood alcohol
content through breath sampling, utilizing acceptable and calibrated instrumentation.
D. Urinalysis(UA)
Contractor shall conduct Urinalysis testing of each Offender as requested by CDOC. Upon
Offender providing a urine sample,Contractor shall ensure the Offender initials the security seal.
Contractor's staff of the same gender shall visually observe the Urinalysis sample collection.
After obtaining the UA,Contractor will visually observe the Offender seal the sample to ensure
the sample is closed and the Contractor will apply the security seal. The Contractor's staff shall
retain custody of the specimen and shall ensure all samples collected are logged,and maintained
securely until mailed or transported to the approved laboratory. If not mailed/transported
immediately,the samples shall be kept in a locked refrigerator in a controlled access office. The
number of staff of the Contractor handling specimens shall be minimized and all persons handling
the specimens shall make necessary notations on the chain of custody. Contractor shall transport
the urine samples to the approved laboratory within seven(7)calendar days of collection by
courier or by hand delivered securely by Contractor. Analysis of urine samples shall include, at
minimum, a 5-drug panel test with confirmations,and an Ethyl Glucuronide("EtG")screening. In
the event the Urinalysis test results are positive for unauthorized substances,Contractor shall
obtain a confirmation test on all samples that have initially tested positive. Contractor shall
Page 5
conduct confirmation tests without additional reimbursement under this Contract;however,the
contractor may invoice the Offender for the confirmation test.
E. Drug Patches
Contractor may utilize patches administered on skin for detection of substance abuse.Contractor
shall evaluate the patch at least once per week,and replace the patch every 2 weeks or when a
positive sample is indicated,whichever is soonest. The Contractor's staff who administers the
patches shall monitor for tampering and for whether the results are positive or negative.
F. Oral Swabs
Contractor may utilize oral swab testing,which consists of taking a saliva sample via a testing
swab of the inside of the mouth of the Offender,to detect the use of controlled substances or
alcohol.Any positive reading requires a qualitative Urinalysis test to be conducted.
G. PasspointTM
Contractor may utilize PasspointTM testing,which utilizes ocular measurement of the central
nervous system,for the purpose of screening for the presence of eleven(11)different drugs
including alcohol,at least once weekly.Any positive reading requires a qualitative Urinalysis test
to be conducted at the cost of the Contractor. In the event the Urinalysis is positive for
unauthorized substances, Contractor shall preserve the sample pending a CWISE directive from
the CPO as to whether a confirming test is required.
H. Monitoring Medications
Contractor, if capable, shall monitor medication.This service includes the monitoring of medical
and psychiatric medications in accordance with the prescriptions of the community health
provider of the CDOC.
3. Responsible Administrator
Contractor's performance hereunder shall be under the direct supervision of an employee or agent of
Contractor,which name(s)shall be provided to the State per§16 designated as the responsible
administrator or key personnel of this Contract.
4. Acceptance Criteria
A. Annual and Final Report(s)
B. Annual Report Due Date(s)July 31.
C. Final Report Due Date: 30 days after contract is expired or terminated.
D. Reporting Recipient: DOC Contract Administrator
5. Payments
Payments shall be made in accordance with the provisions set forth in the Contract, §7 and this Exhibit A
(1).To ensure prompt payment by the State for services provided in the billing month,no later than the
5th business day of the following month, Contractor shall approve services provided in CWISE.
6. HIPAA
Health Insurance Portability&Accountability Act of 1999("HIPAA"): Federal law and regulations
governing the privacy of certain health information requires a"Business Associate Contract"between the
State and the Contractor and/or Subcontractor.45 C.F.R. Section 164.504(e). Attached and incorporated
herein by reference and agreed to by the parties is a HIPAA Business Associate Addendum(Exhibit D)
for HIPAA compliance. Terms of the Addendum shall be considered binding upon execution of this
contract and shall remain in effect during the term of the contract including any extensions. In the event
that the Contractor will not be receiving any Protected Health Information from the State but the
Contractor's subcontractors will,then only such subcontractors will be required to execute Business
Associate Addendums with the state.
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
Page 6
EXHIBIT B (1)-ISP SUPPORT SERVICES FEE SCHEDULE
Available Support Services and Support Service Fees
Service Description Cost
Monthly Enrollment Fee Monthly fee for enrollment in program, if services $10.00
are provided.One fee per Offender per month.
Antabuse Monitor consumption of Antabuse with Breath $2.00 per day
Alcohol Test(BAT)each.
Breathalyzer Administer Breathalyzer only. $1.00 per test
Medication Monitor medications. $1.50 per day
Monitoring
Urinalysis(UA) Supervised UA collection and analysis including $20.00 each
5-drug panel test with confirmation test. Total number of test shall be
confirmations,and Ethyl based on number requested by CDOC plus
Glucuronide("EtG") confirmation tests.
screening
Drug Patch Administer and monitor Drug Patch. $25.00 each
Oral Swabs Administer Oral Swabs. $7.00 each
Pass Point Administer Pass Point test. $5.00 each
Payment will only be made for referred services rendered.
Page 7
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