HomeMy WebLinkAbout20092964.tiffRESOLUTION
RE: APPROVE CONTRACT AMENDMENT #1 FOR INTENSIVE SUPERVISION PROGRAM
AND PAROLE SERVICES AND AUTHORIZE CHAIR TO SIGN - COLORADO
DEPARTMENT OF CORRECTIONS
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 Contract Amendment #1 for the Intensive
Supervision Program and Parole Services between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, on behalf of the Justice Services
Division, and the Colorado Department of Corrections, Division of Adult Parole, Community
Corrections, and Youthful Offender System, commencing November 1, 2009, and ending June 30,
2012, 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 Contract Amendment #1 for the Intensive Supervision Program and Parole
Services between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Justice Services Division, and the Colorado
Department of Corrections, Division of Adult Parole, Community Corrections, and Youthful Offender
System, 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 9th day of November, A.D., 2009.
ATTEST:
Weld County Clerk to the E$oar4
BY:\ • (,` 4 ( Lad
Depu Clerk t the Board
BOARD OF COUNTY COMMISSIONERS
WELD'COI}PJTY, COLORADO
Iliam F. Garcia, Chair
APPROVED AS TOyORM:
•
j County Attorney
Date of signature: I II Gr Ihi
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r
Douglas ademach-r, Pro-Tem
Seen P. Conway
ra Kirkmeyer
David E. Long J
06 GC C3o�i
2009-2964
JS0002
//4O/617 /
Atittr
COLORADO
MEMORANDUM
1'004 {;urn —u P 3:21
Li
Weld County Government
Justice Services Division
909 10th Avenue
P.O. Box 758
Greeley, CO 80631
Phone: (970)356-4000 x 4847
Fax: (970)392-4677
To: Esther Gesick c/o: Board of County Commissioners
From: Doug Erler
Re: Intensive Supervision Program (ISP)/Parole Contract Amendment with the
Department of Corrections
Date: November 3, 2009
Enclosed is a Contract Amendment Document from the Department of Corrections to
accommodate additional services for offenders under the Intensive Supervision/Parole
Program in Weld County. Through the Weld County Community Corrections Board, sub-
contracts are already in place with local private service providers BI, Inc. and Rocky Mountain
Offender Management Systems, LLC. These agencies provide local services and process
monthly billings to our Division of which we approve and process on behalf of the Corrections
Board and Weld County. The amended contract merely authorizes an increase that our sub-
contractors may charge for offenders receiving services, although the original allocation
remains the same at $104,878. Please note, Weld County retains 2% of these total funds (if
fully expended) for administrative support assistance.
Signature by the Chair of the Board of Commissioners is respectfully requested. Thank you.
Please sign 4 copies and send the 4 originals to:
Barry J. Pardus
Department of Corrections
Division of Adult Parole, Community Corrections and YOS
12157 W. Cedar Drive
Lakewood, CO 80228
If easier, our office is more than happy to distribute the signed copies for you.
2009-2964
7
CONTRACT AMENDMENT
Amendment #1
Original Contract CLIN #
Amendment CMS #
08CAA00014
7909
1) PARTIES
This Amendment to the above -referenced Original Contract (hereinafter called the Contract) is entered into by
and between the Board of Commissioners of Weld County, acting on behalf of the Weld County Community
Corrections Board (hereinafter called "Contractor"), and the STATE OF COLORADO (hereinafter called the
"State") acting by and through the Department of Corrections, Division of Adult Parole, Community
Corrections, and Youthful Offender System (YOS), (hereinafter called the "Division").
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) FACTUAL RECITALS
The Parties entered into the Contract to provide Intensive Supervision Program ("1SP") Services for the
Division's offenders.
4) CONSIDERATION -COLORADO SPECIAL PROVISIONS
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.
5) 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.
6) MODIFICATIONS.
The Amendment and all prior amendments thereto, if any, are modified as follows:
a. Add a sentence at the end of section 2.1. Price/Payment/Offset to read:
"The maximum amount that the Contractor may charge for offenders designated by the State as Accelerated
Transition To Parole (ATTP) is Two Hundred Seventy Five Dollars ($275.00) per offender per month."
b. Revise the second sentence of section 3.11. Administrative Fee to read:
"This fee is in addition to the maximum service rate of $175 ($275 for offenders designated by the State as
ATTP)."
c. Add a sentence after the sixth sentence of section 4.1. Method of Payment to read:
"The Contractor shall submit a manual bill for those offender designated by the State as ATTP. The manual bill
shall be in accordance to the format in Exhibit C."
d. STATEWIDE CONTRACT MANAGEMENT SYSTEM section (4.14.) added after section
4.13.
If the maximum amount payable to Contractor under this Contract is $100,000 or greater, either on the Effective
Date or at anytime thereafter, this §4.14. applies.
Contractor agrees to be governed, and to abide, by the provisions of CRS §24-102-205, §24-102-206, §24-103-
601, §24-103.5-101 and §24-105-102 concerning the monitoring of vendor performance on state contracts and
inclusion of contract performance information in a statewide contract management system.
Page 1 of 3
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&a 9- &9Z f
Contractor's performance shall be subject to Evaluation and Review in accordance with the terms and
conditions of this Contract, State law, including CRS §24-103.5-101, and State Fiscal Rules, Policies and
Guidance. Evaluation and Review of Contractor's performance shall be part of the normal contract
administration process and Contractor's performance will be systematically recorded in the statewide Contract
Management System. Areas of Evaluation and Review shall include, but shall not be limited to quality, cost and
timeliness. Collection of information relevant to the performance of Contractor's obligations under this Contract
shall be determined by the specific requirements of such obligations and shall include factors tailored to match
the requirements of Contractor's obligations. Such performance information shall be entered into the statewide
Contract Management System at intervals established herein and a final Evaluation, Review and Rating shall be
rendered within 30 days of the end of the Contract term. Contractor shall be notified following each
performance Evaluation and Review, and shall address or correct any identified problem in a timely manner and
maintain work progress.
Should the final performance Evaluation and Review determine that Contractor demonstrated a gross failure to
meet the performance measures established hereunder, the Executive Director of the Colorado Department of
Personnel and Administration (Executive Director), upon request by the CDOC, and showing of good cause,
may debar Contractor and prohibit Contractor from bidding on future contracts. Contractor may contest the final
Evaluation, Review and Rating by: (a) filing rebuttal statements, which may result in either removal or
correction of the evaluation (CRS §24-105-102(6)), or (b) under CRS §24-105-102(6), exercising the debarment
protest and appeal rights provided in CRS §§24-109-106, 107, 201 or 202, which may result in the reversal of
the debarment and reinstatement of Contractor, by the Executive Director, upon showing of good cause.
e. Special Provisions replacement.
The Colorado Special Provisions, effective date of January 1, 2009, incorporated herein as
Attachment A, replaces the Special Provisions, effective date of August 7, 2006, in the Contract
(page 10).
f. ISP Support Services Description and Costs ("Referral") replacement.
The ISP Support Services Description and Costs ("Referral") form, effective date of November 1,
2009, incorporated herein as Exhibit A, replaces the ISP Support Services Description and Costs
("Referral") form in the Contract (page 13).
7) START DATE
This Amendment shall take effect on the later of its Effective Date or November I, 2009.
8) 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.
9) 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.
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THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT
* 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.
By:
Title:
CONTRACTOR
Board of Commissioners of Weld County
William F. Garcia
/ 0
lk `^
1P
STATE OF COLORADO
Bill Ritter, Jr. GOVERNOR
Department of Corrections
BY —C->
*Signature
NOV - 0 2009
By: Fred Sabus, Budget Director
CRS
dated
ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER
and
If
§24-30-202 requires the State Controller to approve all State Contracts. This Contract is not valid until signed
below by the State Controller or delegate. Contractor is not authorized to begin performance until such time.
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
David J. McD mott, CPA
By: l -c-7
Department of Corrections
Date: / Sy(of
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ace9- d
November 1, 2009
Exhibit A
ISP Support Services Description and Costs ("Referral")
Services to be Provided to all ISP Offenders
Not to exceed $175.00 per month ($275 for ATTP Offenders)
Program:
Offender Name:
CPO:
DOC#:
Referral Effective Date:
Status: (kmatcPai l YOS)
Services Authorized by the Supervising Officer
Service
Description
Cost
Number per month
C -WISE Data Entry
Document all provided services within C -WISE system
$25.00
Included
Antabuse
Monitor consumption of Antabuse with BAT each time
$3.00 per dose
As Prescribed
Breathalyzer
Administer Breathalyzer only (random)
$1.00 each test
# Daily [ ]
Medication Monitoring
Monitor medications
$1.50 per day
As Prescribed
Poly Drug - UA
Supervised UA. At least two and no more than four per
month are required (Confirmation test as required and
authorized tluu C -WISE by CPO.)
$20.00 each
Drug Patch
Administer Drug patch check every week and Replace
every 2 weeks
$25.00 each
Oral Swabs
Administer Oral Swabs
$7.00 each
PASS POINT
Administer one test weekly
$5.00 each
Case Management
Face to face contact with the offender documented in C -
WISE. No more than 2 per month may be authorized by
$10 each
the CPO (waived for ATTP offenders).
Offender Fees
Offenders may be charged up to Three Dollars ($3) for
each day on which services are provided unless the
$3.00 per day
Indigent? YES NO
offender is receiving support from the Division for
indigent services.
Payment will only be made for referred services rendered and cannot exceed $175.00 a month per offender ($275 a month for
ATTP offenders). If the offender is arrested or absconds and no services have been rendered, no payment will be made.
Attachment A
SPECIAL PROVISIONS
These Special Provisions apply to all contracts except where noted in italics.
1. CONTROLLER'S APPROVAL. CRS §24-30-202(1). This contract shall not be valid until it has been
approved by the Colorado State Controller or designee.
2. FUND AVAILABILITY. CRS §24-30-202(5.5). Financial obligations of the State payable after the
current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and
otherwise made available.
3. GOVERNMENTAL IMMUNITY. No term or condition of this contract 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, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28
U.S.C. §§1346(b) and 2671 et seq., as applicable now or hereafter amended.
4. INDEPENDENT CONTRACTOR. Contractor shall perform its duties hereunder as an independent
contractor and not as an employee. Neither Contractor nor any agent or employee of Contractor shall be
deemed to be an agent or employee of the State. Contractor and its employees and agents are not
entitled to unemployment insurance or workers compensation benefits through the State and the State
shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees.
Unemployment insurance benefits will be available to Contractor and its employees and agents only if
such coverage is made available by Contractor or a third party. Contractor shall pay when due all
applicable employment taxes and income taxes and local head taxes incurred pursuant to this contract.
Contractor shall not have authorization, express or implied, to bind the State to any agreement, liability or
understanding, except as expressly set forth herein. Contractor shall (a) provide and keep in force
workers',compensation and unemployment compensation insurance in the amounts required by law, (b)
provide proof thereof when requested by the State, and (c) be solely responsible for its acts and those of
its employees and agents.
5. COMPLIANCE WITH LAW. 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.
6. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall be applied
in the interpretation, execution, and enforcement of this contract. Any provision included or incorporated
herein by reference which conflicts with said laws, rules, and regulations shall be null and void. Any
provision incorporated herein by reference which purports to negate this or any other Special Provision in
whole or in part shall not be valid or enforceable or available in any action at law, whether by way of
complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision
shall not invalidate the remainder of this contract, to the extent capable of execution.
7. BINDING ARBITRATION PROHIBITED. The State of Colorado does not agree to binding arbitration
by any extra -judicial body or person. Any provision to the contrary in this contact or incorporated herein
by reference shall be null and void.
8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. State or other public
funds payable under this contract shall not be used for the acquisition, operation, or maintenance of
computer software in violation of federal copyright laws or applicable licensing restrictions. Contractor
hereby certifies and warrants that, during the term of this contract and any extensions, Contractor has
and shall maintain in place appropriate systems and controls to prevent such improper use of public
funds. If the State determines that Contractor is in violation of this provision, the State may exercise any
remedy available at law or in equity or under this contract, including, without limitation, immediate
termination of this contract and any remedy consistent with federal copyright laws or applicable licensing
restrictions.
9. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. CRS §§24-18-201 and 24-50-507.
The signatories aver that to their knowledge, no employee of the State has any personal or beneficial
Attachment A
interest whatsoever in the service or property described in this contract. Contractor has no interest and
shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the
performance of Contractors services and Contractor shall not employ any person having such known
interests.
10. VENDOR OFFSET. CRS §§24-30-202 (1) and 24-30-202.4. [Not Applicable to intergovernmental
agreements] Subject to CRS §24-30-202.4 (3.5), the State Controller may withhold payment under the
State's vendor offset intercept system for debts owed to State agencies for: (a) unpaid child support debts
or child support arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in
CRS §39-21-101, et seq.; (c) unpaid loans due to the Student Loan Division of the Department of Higher
Education; (d) amounts required to be paid to the Unemployment Compensation Fund; and (e) other
unpaid debts owing to the State as a result of final agency determination or judicial action.
11. PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101. [Not Applicable to agreements
relating to the offer, Issuance, or sale of securities, Investment advisory services or fund
management services, sponsored projects, intergovernmental agreements, or information
technology services or products and services] Contractor certifies, warrants, and agrees that it does
not knowingly employ or contract with an illegal alien who will perform work under this contract and will
confirm the employment eligibility of all employees who are newly hired for employment in the United
States to perform work under this contract through participation in the E -Verify Program or the
Department program established pursuant to CRS §8-17.5-102(5)(c), Contractor shall not knowingly
employ or contract with an illegal alien to perform work under this contract or enter into a contract with a
subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or
contract with an illegal alien to perform work under this contract. Contractor (a) shall not use E -Verify
Program or Department program procedures to undertake pre -employment screening of job applicants
while this contract is being performed, (b) shall notify the subcontractor and the contracting State agency
within three days if Contractor has actual knowledge that a subcontractor is employing or contracting with
an illegal alien for work under this contract, (c) shall terminate the subcontract if a subcontractor does not
stop employing or contracting with the illegal alien within three days of receiving the notice, and (d) shall
comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS §8-
17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the
Department program, Contractor shall deliver to the contracting State agency, Institution of Higher
Education or political subdivision a written, notarized affirmation, affirming that Contractor has examined
the legal work status of such employee, and shall comply with all of the other requirements of the
Department program. If Contractor fails to comply with any requirement of this provision or CRS §8-17.5-
101 et seq., the contracting State agency, institution of higher education or political subdivision may
terminate this contract for breach and, if so terminated, Contractor shall be liable for damages.
12. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76.5-101. Contractor, if a natural person
eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (a) is a
citizen or otherwise lawfully present in the United States pursuant to federal law, (b) shall comply with the
provisions of CRS §24-76.5-101 et seq., and (c) has produced one form of identification required by CRS
§24-76.5-103 prior to the effective date of this contract.
Revised 1-1-09
STATE OF COLORADO
Department of Corrections
Division of Adult Parole, Community Corrections
And Youthful Offender System
12157 W. Cedar Drive
Lakewood, Colorado 80228
Phone: (303) 763-2420
Fax: (303) 763-2445
Bill Ritter
Governor
Aristedes W. Zavaras
Executive Director
December 14, 2009
Weld County Community Corrections Board
P.O. Box 758
Greeley, CO 80632
Dear ISP Service Provider:
Attached is a copy for your records of the Contract Amendment #1 for Contract # 08CAA00014,
Amendment CMS # 7909. Please feel free to call me if there are any questions.
Since-F*1 ,
Ron Neely
Contracts Administrator
Colorado Department of Corrections
Division of Adult Parole, Community Corrections, and YOS
12157 W. Cedar Drive
Lakewood, CO 80228
Phone: 303-763-2423
Fax: 303-763-2445
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