HomeMy WebLinkAbout20141915.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR COMMUNITY CORRECTIONS INTENSIVE
SUPERVISION PROGRAM (ISP) SERVICES FOR CERTAIN INMATES AND
PAROLEES AND AUTHORIZE CHAIR TO SIGN - BI, INC.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Agreement for Community
Corrections Intensive Supervision Program (ISP) Services for Certain Inmates and Parolees
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Weld County Community Corrections Board,
and BI, Inc., commencing July 1, 2014, and ending June 30, 2015, 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
incorporated herein
of which is attached hereto andby reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Agreement for Community Corrections Intensive Supervision Program
(ISP) Services for Certain Inmates and Parolees between the County of Weld, State of Colorado,
by and through the Board of County Commissioners of Weld County, on behalf of the Weld
County Community Corrections Board, and BI, Inc., be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 25th day of June, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ; L Li L C ,12.
j„�`/�J G CL uc Dowlastademacher, •hair -
Weld County Clerk to the Board 1 9
Iate er rbara Kirkmey , rro-Tem
BY: / [ i I 1 1 ;�� !.
D-ply Clerk to the :oar �,� f
=n P. Conway
AP O D RM: '
®q j ike Freeman
ty Attorney EXCUSED
William F. Garcia
Date of signature: -7-/7
CC:.'5(bE) 2014-1915
g ICS JS0005
Justice Services Division
atsi,..§ae#1915 10th Street - P.O. Box 758
Greeley, CO 80632
Phone: (970) 336-7227
Fax: (970) 392-4677
I _ COUNTY
MEMORANDUM
To: Board of County Commissioners
From: Doug Erler, Director
Re: Consider Renewal of Intensive Supervision Program (ISP)Services Agreement with 81,
Inc. and Authorize Chair to Sign
Date: June 25, 2014
For your review and approval is a renewal agreement for the ongoing delivery of Intensive
Supervision Program (ISP) services with our local vendor BI Inc. The Board already has in place
and is in good standing, a Master Contract with the State's Department of Corrections, which
outlines how services are to be delivered and funding structure. This renewal agreement simply
serves to carry forward service delivery by BI for another year. I worked with County Attorney,
Bruce Barker and Trevor Jiricek and they are in agreement with this final version now before
you.
ISP services involves BI Inc. providing supplemental monitoring and treatment services to
certain offenders who in live in Weld County under the care of the Department of Corrections.
The majority of allocated funds are passed through to our vendor with a percentage remaining
with Weld County for overall administration and oversight. There is no local matching
requirement.
This agreement would go into effect on July 1, 2014 through June 30, 2015. It is now before
you for your final review and approval.
Thank you.
2014-1915
AGREEMENT FOR COMMUNITY CORRECTIONS
INTENSIVE SUPERVISION PROGRAM (ISP) SERVICES FOR CERTAIN INMATES
AND PAROLEES
THIS AGREEMENT, is effective this Z55day of June 2014 by and between the
Board of Commissioners of Weld County("the Board"), PO Box 758 Greeley,CO 80632 on
behalf of the Weld County Community Corrections Board , ("Community Corrections
Board")and B.I. Incorporated, ("BI, Inc.")a wholly owned subsidiary of the GEO Group, Inc.
and whose local services address is 819 9`"Street, Greeley, CO 80631 hereinafter referred
to as "The Contractor."
WITNESSETH:
WHEREAS, Weld County has an ongoing contract with the State of Colorado
Department of Corrections to provide inmate intensive supervision program services, and
Department of Corrections parolees(the exact number as determined by the local State of
Colorado parole office), hereto and referred to herein as Exhibit "A", and
WHEREAS, Weld County is in need of ongoing professional services for said
program and BI, Inc. has the staff and facilities necessary to provide such services, and
WHEREAS, the parties hereto now desire to enter into this Agreement for the
purpose of setting forth the relative duties and responsibilities of the parties with respect to
services to be provided by The Contractor for the inmate and parole intensive supervision
program.
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties hereto agree as follows:
1. TERM: This Agreement shall be effective for the term beginning July 1,
2014, and ending June 30, 2015, unless sooner terminated by either of the
parties hereto pursuant to the termination procedures contained in Section 5,
below.
2. SCOPE OF SERVICES: Services shall be provided by the Contractor to
designated Department of Corrections inmates and parolees, with such
services being described in Exhibit "A." The Contractor agrees to provide
such services in compliance with all of the terms, conditions, and
requirements stated in Exhibit "A."
3. PAYMENT FOR SERVICES: Payment for services rendered by The
Contractor pursuant to this Agreement shall be in accordance with the
payment provisions set forth in Exhibit "A." The Contractor shall submit an
itemized monthly bill to Weld County's Justice Services Division personnel
serving the Board's Community Corrections Board for all services provided
pursuant to this Agreement. Said bill shall be submitted no later than the
15th day of the month following the month in which the services were
provided. Failure to submit monthly billings in accordance with the terms of
this Agreement may result in BI, Inc. forfeiture of all rights of being
reimbursed for such services. Payment of all services performed pursuant to
this Agreement is expressly contingent upon the availability of funds referred
to in Exhibit"A." The County shall not be billed for, and reimbursement shall
not be made for, time involved in activities outside of those defined in Exhibit
"A". Such billing from all vendors shall not exceed $56,250 for the term from
July 1, 2014 to June 30, 2015 or unless otherwise informed by the
Department of Corrections to Weld County. Weld County,through its Justice
Services, shall inform The Contractor of any changes in allocation made by
the State.
4. COMPLIANCE WITH CONTRACT REQUIREMENTS: The Contractor
agrees to comply with all requirements of the "Contractor" stated in Exhibit
"A", as if the Contractor was standing in the place of the "Contractor,"
including, but not limited to, the requirements set forth in Sections 2. ("The
Contractor Shall") and 3. (Mutual Provisions), the Section entitled: "Special
Provisions" and the Exhibits attached thereto.
5. TERMINATION: This Agreement may be terminated by either party as
follows:
a. Termination for default of performance: In the event either party
defaults in the performance of its duties and responsibilities set forth
in this Agreement, the other party shall notify the defaulting party of
such default in writing at the addresses described in Section 9, below.
The defaulting party shall then have 10 days in which to cure such
default. In the event the default is not cured, the non-defaulting party
may then consider this Agreement to be terminated with no further
notice being necessary.
b. Termination for reasons other than default: Either party hereto may
terminate this Agreement upon providing written notice to the other
party at the address set forth in Section 9., below, at least thirty(30)
days prior to the intended date of termination.
6. INSURANCE: The Contractor shall provide to the County proof of liability
insurance maintained at all times during the term of this Contract for
$150,000 per person, $600,000 per occurrence, naming the Board of
Commissioners of Weld County and its employees and agents as Additional
Named Insured. The Contractor shall also provide to the County proof of
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worker's compensation and unemployment compensation insurance as
required by the provisions of Section 13, below.
7. MODIFICATION OF AGREEMENT: All modifications to this Agreement shall
be in writing and signed by both parties.
8. ENTIRE AGREEMENT/NO THIRD PARTY BENEFICIARY:This Agreement
contains the entire Agreement and understanding between the parties to this
Agreement and supersedes any other Agreements concerning the subject
matter of this transaction, whether oral or written. It is expressly understood
and agreed that the enforcement of the terms and conditions of this
Agreement, and all rights of action relating to such enforcement, shall be
strictly reserved to the undersigned parties, and nothing contained in this
Agreement shall give or allow any claim or right of action whatsoever by any
other person not included in this Agreement. It is the express intention of the
undersigned parties that any entity other than the undersigned parties
receiving services or benefits under this Agreement shall be deemed an
incidental beneficiary only.
9. NOTICE: All notices required to be given by the parties hereunder shall be
given by certified or registered mail by the individuals at the address as set
forth below. Either party may from time to time designate in writing a
substitute person(s) or addressed to whom such notices shall be sent:
County: Doug Erler, Director, Weld County Justice Services
Division 915 100' Street, Room 334, P.O. Box 758, Greeley,
Colorado, 80632.
Contractor: Loren A. Grayer, Divisional Vice President, c/o: The
GEO Group, Inc. One Park Place, Suite 500, 621 Northwest 53rd
Street Boca Raton, Florida 33487
10. ASSIGNMENT: Neither this Agreement nor the rights or obligations
hereunder shall be assignable without the prior written consent of both
parties.
11. CONTROLLING LAW: This Agreement shall be construed and enforced in
accordance with the laws of the State of Colorado.
12. NO WAIVER OF IMMUNITY: No portion of this Agreement shall be deemed
to constitute a waiver of any immunities the parties of their officers or
employees may posses, nor shall any portion of this Agreement be deemed
to have created a duty of care that did not previously exists with respect to
any person not a party to this Agreement.
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13. INDEPENDENT CONTRACTOR: BI, Inc. shall perform the services
hereunder and the requirements set forth in Exhibit "A" as an independent
contractor. Neither The Contractor nor any agent or employee of The
Contractor shall be deemed an agent or employee of the County or of the
State of Colorado. The Contractor shall pay when due all required
employment taxes, income tax, and local head tax on any monies paid
pursuant to this Agreement. The Contractor acknowledges that its
employees are not entitled to worker's or unemployment insurance benefits
unless the Contractor or a third party provides such coverage and that the
County does not pay for or otherwise provide such coverage. The Contractor
shall have no authorization, express or implied, to bind the County to any
agreement, liability, or understanding except as expressly set forth herein.
The Contractor shall provide and keep in force worker's compensation and
unemployment insurance (and show to the County proof of such insurance)
in the amounts required by law, and shall be solely responsible for the acts of
the Contractor, it employees and agents.
14. SEVERABILITY: If any provision of this Agreement should be held to be
invalid, illegal, or unenforceable for any reason, the validity, legality, and
enforceability of the remaining provisions shall not in any way be affected or
impaired thereby.
15. FUNDING CONTINGENCY. No portion of this Agreement shall be
deemed to create an obligation on the part of Weld County or the
Community Corrections Board, to expend funds not otherwise
appropriated or budgeted for.
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CMS#43840
EXHIBIT A - STATEMENT OF WORK
1. GENERAL DESCRIPTION
The State is authorized by CRS §I 7-27.5-101(1)(C),to administer and execute Contracts with units of
local government,corrections boards,or non-governmental agencies for the provision of Intensive
Supervision Program("ISP')services for all assigned DOC offenders.
2. CONTRACTOR'S OBLIGATIONS
A. Services.
i. Contractor shall provide the following services to parole and community offender populations
(inmate,parolees,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("Fee schedule").
iv. DOC will make payment only for referred services rendered.Service fees shall not exceed the
amount set forth in Exhibit B. If the offender is arrested or absconds and no services are
rendered thereafter,Contractor shall not invoice for payment,and DOC will make no payment
for the offender thereafter.
B. Monitored Antabuse Service.
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 shall engage in random sampling and testing to measure each offender's blood alcohol
content through breath sampling,utilizing acceptable and calibrated instrumentation.
D. Case Management Meeting.
Contractor shall conduct a face to face meeting between Contractor's case manager and the
offender,on an as-needed basis,at the direction of the Community Parole Officer("CPO"),not to
exceed two per calendar month("Case Management Meeting").The Case Management Meeting
should include employment and treatment verification.
E. Urinalysis((iA).
Contractor shall conduct Urinalysis testing of offenders at a frequency of at least two and no more
than four per month. Analysis of urine specimens shall include,at minimum a 5-drug panel test with
confirmations.and Ethyl Glucuronide("Et0")screening.Contractor's staff of the same gender shall
visually observe the Urinalysis sample collection. In the event the 5-drug panel Urinalysis test is
positive for unauthorized substances,Contractor shall preserve the sample pending a CWISE
directive from the CPO as to whether a confirming test is desired.Contractor shall conduct
confirmation tests without additional reimbursement under this Contract.
F. Drug Patches.
Contractor shall 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 arc positive or negative.
Page 17 of 28
CMS#43840
C. Oral Swabs.
Contractor shall 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 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. Pass Point.
Contractor shall utilize pass point testing. which utilizes ocular measurement of the central nervous
system, for the purpose of screening for the presence of eleven(1 I)different drugs including
alcohol,at least once weekly. Any positive reading requires a qualitative Urinalysis lest 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.
I. Monitoring Medications.
This service includes the monitoring of medical and psychiatric medications in accordance with the
prescriptions of the community health provider of the DOC.
.1. Offender paid fees.
Contractor may directly charge offenders the amount set forth in Exhibit B for each day on which
services are provided unless the offender is receiving support from the Division for indigent
services. Contractor shall not invoice,charge,or bill DOC for this daily offender fee.
3. Personnel
A. 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. Tu ensure prompt payment by the State for services provided in the billing month, no
later than the 5th of the following month,Contractor shall approve services provided in CWISE.
Administration Fee; The community corrections board("Board"),or the unit of local government
that established the Board, may invoice the State up to two percent (2%) on the actual amounts
billed as an administrative fee. This fee is in addition to the maximum service rate of$175.00 per
offender per month. This amount is included in the encumbered amount set forth in the Contract, §
7(A), Maximum Amount, and this Exhibit A, with approved service providers and administer
payments to subcontractors for up to two percent (2%) of the funds. Boards shall keep financial
records documenting the receipt and expenditures for all administrative funds Such records shall be
maintained for a period of five years following the Contract period.
6. Administrative Requirements
A. Accounting
Page 18 of 28
CMS#43840
i. At all times from the Effective Date of this Contract until completion of the Work,Contractor
shall maintain properly segregated books of State Contract Funds,matching funds,and other
funds associated with the Work.
II. MI receipts and expenditures associated with the Work shall be documented in a detailed and
specific manner,and shall accord with the authorized scope of work for the Work as set forth
herein.
iii. Contractor shall make and maintain accounting and financial books and records documenting its
performance under the Contract in a form consistent with good accounting practices.
7. HIPAA
Health Insurance Portability &Accountability Act of 1999("IIIPAA"): 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 ll)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 19 of28
CMS 1143840
EXHIBIT B-ISP SUPPORT SERVICES FEE SCHEDULE
Available Support Services and Support Service Pees for ISP Offenders.
Service —1 Description Cost
C-WISE Data Entry Document all provided services within C-WISE system. 525.00
One tee per offender per month,
Antabuse Monitor consumption of Antabuse with Breath Alcohol Test $3.00 per dose
(BAT)each.
Breathalyzer Administer Breathalyzer only. $1.00 per test
Medication Monitor medications. $1.50 per
Monitoring day
Urinalysis(UA) Supervised UA collection and analysis including $15.00 each
5-drug panel test with confirmation test if required and authorized by CPO thru C-
confirmations,and Ethyl I WISE. At least two and no more than four per month are
Glucuronide("Eta") required.
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
Case Management Face to face contact with the offender documented in C•WISE. $10.00 each
No more than 2 per month may be authorized by the CPO.
Payment will only be made for referred services rendered and shall not exceed$175.00
per offender per month.____.
Contractor may directly charge offenders up to Three Dollars $3.00 per day
Offender Fees ($3)for each day on which services are provided unless the
offender is receiving support from the Division for indigent ,
services. Contractor shall not invoice,charge,or bill DOC for
this daily offender fee.
Page 20 of 28
IN WITNESS WHEREOF, the parties hereunto have executed this Contract on
the day first above written.
Contractor: Board :
B . I . Incorporated BOARD OF COUNTY
COMMISSIONERS WELD COUNTY,
COLORADO n.
BY: R BY: ; c'� k- (� v15�.J4-
Loren Gray r, Vice President Douglas Rademacher, Chair
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Federal I .D. # 361l � �;�� � �� '
Id County Clerk to the Board
SUBSCRIBED AND SWORN to befor
this oZ 0 day of June, 2014
BY: 'nun, n a i feLl�//'
KIN Nolr Putlic Stale a Florida De uty Clerk to the Board
Melissa Hesse
MY cwmswe FF 129561
ww Ex*n06N/R616
WITNESS my hand and official seal. APP M:
/f� YPt/ba 9Yp ._ BY:
ounty Attomey
Notary Public
My commission expires: (.2 / Lila 0 / g
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