HomeMy WebLinkAbout20022330.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR COMMUNITY CORRECTIONS INMATE INTENSIVE
SUPERVISION PROGRAM SERVICES AND AUTHORIZE CHAIR TO SIGN -
BEHAVIORAL INTERVENTIONS, 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 Inmate Intensive Supervision Program Services between the County of Weld, State
of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of
the Community Corrections Board, and Behavioral Interventions, Inc., commencing July 1,
2002, and ending July 30, 2003, 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 Community Corrections Inmate Intensive
Supervision Program Services between the County of Weld, State of Colorado, by and through
the Board of County Commissioners of Weld County, on behalf of the Community Corrections
Board, and Behavioral Interventions, 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 26th day of August, A.D., 2002, nunc pro tunc July 1, 2002.
BOARD OF COUNTY COMMISSIONERS
WEL. COUNTY, C LORADO
ATTEST:
p+. , Cl- n aad, Chair
Weld County Clerk to _ .4r2
Fr David E. Long, Pro-Tem
BY: ��iJ %aL•��r , .�
Deputy Clerk to the Board EXCUSED DATE OF SIGN NG (AYE)
M. J. Geile
APP D AS TO •
� ��� li m H. Jerke
l'G`ounty�Aftorne / ,
R ert D. Masden
Date of signature: -'
2002-2330
C' , aJ�/N GJeK'
DA0002
AGREEMENT FOR COMMUNITY CORRECTIONS
INMATE INTENSIVE SUPERVISION PROGRAM SERVICES
THIS AGREEMENT is made and entered into this 1'day of July, 2002, by and between
the County of Weld, State of Colorado, by and through the Board of County Commissioners of
the County of Weld, on behalf of the Weld County Community Corrections Board, whose address
is 915 10th Street, Greeley, Colorado 80631, hereinafter referred to as "County," and Behavioral
Interventions, Inc., whose address is 810 94' Street, Greeley, Colorado, 80631, hereinafter
referred to as"BI, Inc."
WITNESSETH:
WHEREAS, the County has entered into a contract with the State of Colorado
Department of Corrections to provide inmate intensive supervision program services, a copy of
which is attached hereto and referred to herein as Exhibit"1", and
WHEREAS, the County is in need of 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 BI, Inc. for the inmate 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, 2002, and
ending June 30, 2003, 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 BI, Inc. to designated
Department of Corrections inmates, with such services being described in Exhibit
"1."BI, Inc. agrees to provide such services in compliance with all of the terms,
conditions, and requirements stated in Exhibit "1."
3. PAYMENT FOR SERVICES: Payment for services rendered by BI, Inc. pursuant
to this Agreement shall be in accordance with the payment provisions set forth in
Section I., A. of Exhibit"1." BI, Inc. shall submit an itemized monthly bill to the
County's Community Corrections Board Administrative Coordinator 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
Page 1 of 4 Pages
2002-2330
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"1." The
County shall not be billed for, and reimbursement shall not be made for, time
involved in activities outside of those defined in Exhibit"1". Such billing from all
vendors shall not exceed $42,000 for the term from July 1, 2002 to June 30, 2003.
4. COMPLIANCE WITH CONTRACT REQUIREMENTS: BI, Inc. agrees to
comply with all requirements of the"Contractor" stated in Exhibit "1", as if BI,
Inc. 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 20 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: BI, Inc. shall provide to the County proof of liability insurance
maintained at all times during the term of this Agreement in the amount of
$150,000 per person, $600,000 per occurrence, naming the County and its
employees and agents as Additional Named Insured. BI, Inc. shall also provide to
the County proof of 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
Page 2 of 4 Pages
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: Jan Alison Zuber, Community Corrections Administrative
Coordinator, 915 10th Street, Greeley, Colorado, 80631.
BE Inc.: Cindy Peterson, Program Manager, 810 9th Street, Greeley,
80631
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.
13. INDEPENDENT CONTRACTOR: BI, Inc. shall perform the services
hereunder and the requirements set forth in Exhibit"1" as an independent
contractor. Neither BI, Inc. nor any agent or employee of BI, Inc. shall be deemed
an agent or employee of the County or of the State of Colorado. BI, Inc. shall pay
when due all required employment taxes and income tax and local head tax on any
monies paid pursuant to this Agreement. BI, Inc. acknowledges that BI, Inc. and
its employees are not entitled to worker's or unemployment insurance benefits
unless BI, Inc. or a third party provides such coverage and that the County does
not pay for or otherwise provide such coverage. BI, Inc. shall have no
authorization, express or implied, to bind the County to any agreement, liability, or
understanding except as expressly set forth herein. BI, Inc. 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 BI, Inc., it employees and agents.
Page 3 of 4 Pages
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.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this
26th day of August, 2002.
THE COUNTY OF WELD, STATE OF
ATTEST: fie,�o / `,Ctr v . La COLORADO, by and through THE BOARD
® OF COUNTY COMMISSIONERS OF THE
O � COUNTY OF WELD, on behalf of WELD
�� �61
` � COUNTY COMMUNITY CORRECTIONS
BY: / . c•. .a., ire BOARD
(e
Deputy Clerk to t� ms- ���/�,
��j� BY: 74,4A,K U
Glenn Vaad, Chair 6/2002)
BI, Inc.
BY
Steve Merrefe , President &e c`r P
Field Services
SUBSCRIBED AND SWORN to before me this f day of arid- , 2002.
WITNESS my hand and official seal.
ary Public
My commission expires: (//7/2O06
A:Vnterve tion.inmate.wpd
Page 4 of 4 Pages
Agency
CAA
Contract Routing Number
03-00154
CONTRACT
This Contract, made effective July 1, 2002 or upon the State Controller's approval, whichever
date is later,by and between the State of Colorado for the use and benefit of the Department of
Corrections, 2862 South Circle Drive, Suite 400, Colorado Springs, CO 80906-4122,hereinafter
respectively referred to as the DOC or the STATE, and the Board of Commissioners of Weld
County acting on behalf of the Weld County Community Corrections Board, P.O. Box 758,
Greeley, CO 80632,hereinafter referred to as the Contractor or the County.
RECITALS:
Authority exists in the Law and Funds have been budgeted, appropriated by the Colorado
General Assembly, and otherwise made available and a sufficient uncommitted balance hereof
remains available for encumbering and subsequent payment of this Contract under Encumbrance
Number 03CAA00154 in Fund Number 100 Appropriation Account C58 and Organization
8303: and these appropriations are intended to be used to fund the Board of Commissioners of
Weld County through Weld County Community Corrections Board community corrections
inmate intensive supervision services and programs; and
Required approval,clearance and coordination has been accomplished from and with
appropriate agencies: and
Contracts between the STATE and its political subdivisions are exempt from the
procurement process,pursuant to C.R.S.24-101-105(1); and
Weld County has been deemed capable of providing the services herein described; and
The STATE is authorized by Articles 27 and 27.5,Title 17, C.R.S., as amended,to
administer and execute Contracts with units of local government,corrections boards,or non-
governmental agencies for the provision of community corrections inmate intensive supervision
services and programs as defined pursuant to Articles 27 and 27.5,Title 17, C.R.S., as amended.
NOW THEREFORE,the parties hereby agree:
1. THE STATE SHALL:
A. Payment for Services.
1) During the period of the Contract,upon receipt of proper billing from the
Contractor as provided in paragraph 2.C.herein,payment shall be made up to a
maximum total payment of:
o jp 02-1/95
$235.00 per month for nonresidential Intensive Supervision Program(ISP)
transition Baseline Services as specified in Exhibit A and incorporated herein by
reference.
$100.00 in addition to base or full service,per month,per inmate for non
residential ISP transition Remediation Services as specified in Exhibit A,
$125.00 in addition to base or full service,per month,per inmate for non
residential ISP transition Specialized Services, as specified in Exhibit A.
2) Payment pursuant to this Contract shall be made as earned,in whole or in part,
from available State funds encumbered in an amount not to exceed$42,000.
3) The Contractor shall not be paid for the first day of an offender's participation in a
program,but shall be compensated for the last day of an offender's participation.
The day an offender transfers from residential to nonresidential status,the
Contractor shall be paid the residential daily rate,but shall not be compensated for
non-residential expenses. The day an offender transfers from nonresidential to
Residential status, the Contractor shall be paid for nonresidential expenses,but
shall not be compensated for the residential daily rate.
4) The community corrections board,or the unit of local government that established
the board,may use up to two percent(2%) of the total ISP nonresidential
allocation for administrative purposes. The board or unit of local government will
administer Contracts with approved service providers and administer payments to
subcontractors for 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(5)
years following the Contract period.
5) Funds allocated in this Contract are for services rendered during the current
Contract period and cannot be used to pay for ISP services provided in prior or
future fiscal years.
B. Contract Modification: This Contract may be modified through either an option letter or
an amendment depending on the type of modification sought.
1. Option Letter. The State may unilaterally increase/decrease the maximum
amount payable under this Contract based upon the unit prices established in the Contract
and the schedule of services required, as set by the State. The State may exercise the
option by providing a fully executed option to the Contractor, in a form substantially
equivalent to Exhibit B, immediately upon signature of the State Controller or his
delegate. Performance of the service shall continue at the same rate and under the same
terms as established in the Contract.
2. Amendment: Any modification to the Contract that changes to specifications or
scope/statement of work which are within the general scope of the Contract,changes per
unit price or cost,term or time of performance, or changes to terms and conditions such
as warranty,indemnification,payment and contract type, liability limitations,
indemnifications, and other amendment rather than a Option Letter. An amendment,
2
approved by the State Controller or his designee substantially in the form attached,
marked as Exhibit C and incorporated herein by this reference. If the Contractor agrees
to and accepts the change(s),the Contractor shall execute and return the amendment to
the State by the effective date indicated in the amendment. In the event the Contractor
does not accept the change, or fails to timely return the executed amendment,the State
may,upon notice to Contractor,terminate this Contract effective at any time after twenty
(20)days following the return deadline specified in the amendment. Such notice shall
specify the effective date of termination,In the event of termination,the parties shall not
be relieved of their obligations up to the effective date of termination.
C. Subcontracts. Contractor may subcontract for intensive,supervision services with any
private agency or unit of local government for the purpose of rendering services to
inmates providing,however, that any subcontracts shall comply with the terms and
provisions of this Contract and all applicable sections of Articles 27 and 27.5,Title 17,
C.R.S., as amended. Copies of any subcontracts shall be provided to the State by October
1, 2003, or within thirty(30)days following the addition or replacement of a new
subcontractor. No payment shall be authorized unless the appropriate subcontract has
been executed and the services specified in the approved subcontract have actually been
provided. Any reference in this agreement to Contractor shall also apply to its
subcontractors providing services pursuant to Articles 27 and 27.5,Title 17,C.R.S., as
amended.
D. Payment for Travel. The State will reimburse the Contractor at the rate allowed by State
Fiscal Rules,when such travel is requested by the Department of Corrections(DOC)or
approved by the STATE for the purpose of transporting offenders. The Contractor agrees
that any and all travel to DOC correctional facilities shall be coordinated by DOC prior to
the Contractor being reimbursed. The Contractor shall provide the State with travel
reports setting forth the date of travel,mileage,destination, and offenders transported.
E. Noncompliance. The State will withhold funds when the State determines that the
programs or facilities of the Contractor are not in compliance with this Contract.
Overpayments made by the State,in the event of noncompliance, shall be recoverable by
the State from the Contractor through deductions from future payments through legal
proceedings.
F. Limitation of Payments and Liabilities. The State will assume no liability for any
deficiency that the Contractor may incur in the operation of its program nor for any debts
or expenditures incurred by the Contractor for ensuing fiscal years when funds for that
purpose have not been appropriated or budgeted.
G. Federal Funds: If this Contract involves the expenditure of federal funds,this Contract is
contingent upon continued availability of federal funds for payment pursuant to the terms
of this Contract. Contractor also agrees to fulfill the requirements of Office of
Management and Budget(OMB)Circulars A-87 and A-102 or A-110,whichever is
applicable. The Contract may also be subject to the Single Audit Act of 1984 and to -•
OMB Circular A-133, as applicable.
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•
2. THE CONTRACTOR SHALL:
A. Approval. Provide community corrections inmate intensive supervision services
through programs approved by the local community corrections board in their
jurisdiction and operate pursuant to Articles 27 and 27.5, Title 17,C.R.S., as
amended and the"Colorado Community Corrections Standards", attached,marked as
Exhibit E and incorporated herein by reference. Noncompliance with standards may
result in reduction of compensation rates as specified in paragraph 1A.,cessation of
offender placements in the program,implementation of a competitive bid process,
coordinated with the local community corrections board,to consider alternate
program providers,or cancellation of the Contract.
B. Description of Services. Provide such baseline,remediation, and specialized monthly
services as specified in Exhibit A for the provision of services to ISP transition
inmates.
C. Method of Billing. Bill the STATE for services provided on such forms and in such
manner as the State may require. Billings shall be submitted on the Monthly
Expenditure Summary available at the Division of Community Corrections; a sample
form is attached,marked as Exhibit D,and incorporated herein by reference. In
order for the billing to be accepted by the State, the signatures of the appropriate
Community Corrections Agent confirming the accuracy of the billing and the
Community Corrections Supervisor approving the billing for payment is required.
Summary billings shall be submitted to the State within thirty(30) days following
the end of each month,with all subcontractor billings attached. The Contractor shall
report the total costs of its program to the State within five(5)days after the end of
the State's fiscal year. The State may require the Contractor to provide an estimate
of fmal year-end expenditures anytime within sixty(60) days prior to the end of the
State's fiscal year.
D. Client Files. Maintain individual files as required by DOC for each offender
participating in the Contractor's program. While in the possession of the Contractor,
the individual files shall be maintained in a secure area,in a locked file cabinet or
safe. Such files and criminal history records shall be maintained and disseminated
pursuant to Section 24-72-202-204,C.R.S.,and Section 24-72-301-308, C.R.S.; and
in compliance with Title 28 of the Code of Federal Regulations.
E. Reports. Provide timely,prompt, and accurate reports as are or may be required by
the State during the period of the Contract,which includes but is not limited to
statistical reports, and referral and caseload data and other records documenting the
types of services provided and the identity of the individual offenders receiving such
services.
4
F. , Review and Inspection. Make both fiscal and program files available within three
(3)working days for review and inspection by the State to assure that the Contractor
is providing the services and financial records required by this Contract.
G. Absence Due to Arrest. Notify DOC immediately if they know an inmate has been
arrested, and/or is in the custody of federal, state,or local authorities. If the
Contractor has requested and received prior written permission from DOC,the State
shall compensate the Contractor at full rate for the day the offender is arrested, and at
50%of the regular per diem rate for up to seven(7)days for maintaining the
availability of a position during the offender's absence.
H. Additional Services. Obtain prior written approval from the State before providing
any additional billable services or evaluations not provided for by the terms and
conditions of this Contract. If services are provided by the Contractor which exceed
the maximum total payment as described in Paragraph 1.A.2, the State is not liable
for reimbursement. Should additional funding become available,the State may, at its
own discretion,choose to reimburse beyond the amount specified in Paragraph
1.A.1, and in accordance with Fiscal Rules.
Reimbursement by Client. Charge inmates in nonresidential placement an amount
that averages$2 per day(SB 012123,Foot note#225). Any charges to offenders in
excess of this limit must be approved in advance by the State and the local
community corrections board. The Contractor must provide a description of such
additional fees, including rates, services or products purchased, and program policies
and procedures related to collecting and record keeping to the State,the local
community corrections board, and the referring agency.
J. Inspections. Allow DOC and/or other State agency employees to inspect,with or
without notice,the facilities,records, and services provided by the Contractor to
determine compliance with this Contract.
K. Insurance. As a"public entity"within the meaning of the Colorado Governmental
Immunity Act, C.R.S. §§2410-101,et seq., as amended(the"Act"),Contractor
shall at all times during the term of this Contract maintain such liability insurance,by
commercial or self-insurance, as is necessary to meet its liabilities under the Act.
Upon the request of the State,the Contractor shall show proof of such insurance.
L. Record Retention. Retain all books,records, and other documents of any party
pertaining to this Contract for five(5)years after final payment, and allow any
person duly authorized in writing by the State to have full access to and a right to
examine and copy any of the above materials during such period.
M. Confidentiality of Records. Comply with all laws regarding confidentiality of
offenders'records. Any request for information,including but not limited to
offenders'records, shall be referred by the Contractor to DOC.
N. Drug Tests. Perform periodic chemical tests as defined in the"Colorado Community
Corrections Standards" at times that cannot be predicted by the offender to determine
the use of drugs by inmates in the Contractor's nonresidential program.
5
O. Fiscal Accounting of Clients. Maintain an accurate fiscal accounting of the earnings
of all offenders assigned to their program or facility including,but not limited to:
gross earning,net earning, federal, state and local taxes paid, amount of restitution
agreed to and paid, savings account, subsistence charged and collected, and any other
outstanding financial obligations.
P. Information Provided. Provide information upon request to the appropriate DOC
staff and the Division of Community Corrections agents regarding the activities and
adjustment of offenders assigned to their program. Collect,maintain and make
available to DOC staff and the Division of Community Corrections agent ongoing
data regarding employment, alcohol abuse,drug abuse,psychological problems and
treatment,vocational or educational needs and services,re arrest or other criminal
activity, and restitution.
Q. Fiscal Audit. Provide a complete independent fiscal audit for the Contract period
and deliver such audit to the State upon request. Such requirement may be waived,
all or in part,by the State.
3. MUTUAL PROVISIONS:
A. Effective Dates. The period of this Contract shall be from July 1, 2002 (or upon the
date of the State Controller's approval,whichever is later),through June 30,2003.
The State shall have four(4)options to renew the Contract,for one (1)year each,
July 1 through June 30, of each succeeding year
B. Assignment. The rights and duties arising under this Contract shall not be assigned
or delegated without the prior written consent of the State.
C. Termination. This Contract may be terminated by either party by giving thirty(30)
days notice in writing,delivered by certified mail,return receipt requested to the
other party or delivered by personal services upon the party. If notice is so given,
this Contract shall terminate on the expiration of the thirty(30)days,and the liability
of the Contractor hereunder for the further performance its obligations under section
2 of this Contract shall thereupon cease.
D. Venue. Venue for any legal action arising from this Contract shall be in the City and
County of Denver.
E. Force Maieure. Neither the Contractor nor the State shall be liable to the other for
any delay in, or failure of performance of, any covenant or promise contained in this
Contract,nor shall
any delay or failure constitute default or give rise to any liability for damages if, and
only to the extent that, such delay or failure is caused by"force majeure". As used in
this Contract"force majeure"means acts of God; acts of the public enemy; acts of
any other governmental entity in its sovereign or contractual capacity; fires; floods;
epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes;
or unusually severe weather.
6
F. Governmental Immunity. Notwithstanding any other provision of this Contract to the
contrary,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,protection,or other provisions of
the Colorado Governmental hnmunity Act, Section 24-10-101,it. Seq., CRS, as now or hereafter
amended. The liability of the State of Colorado, its departments,institutions, agencies,boards,
officials and employees is controlled and limited by the provisions of Section 24-10-101,et. seq.,
CRS, as now or hereafter amended and the risk management statutes, Section 24-30-1501, et.
seq., CRS, as now or hereafter amended.
G. Modification. This Contract consists of this document and the following exhibits. In
the event there are any inconsistencies,ambiguities or omissions between this
document and the following exhibits,this document shall govern over the provisions
of the listed exhibits.
1. Exhibit A-FY 2002-03 Intensive Supervision Program(ISP)Description of
Services and Costs.
2. Exhibit B—Option Letter
3. Exhibit C-Contract Amendment.
4. Exhibit D- Inmate Intensive Supervision Program(ISP)Services Monthly
Expenditures Summary.
5. Exhibit E- Colorado Community Corrections Standards(CCCS)consisting of
the following:
CCCS,Residential Services,Revised, Contract Edition, 1992.
CCCS,Non-Residential Services,July 1, 1991.
H. Integration: This Contract is intended as the complete integration of all
understanding between the parties. No prior or contemporaneous addition,deletion,or other
amendment hereto have any force or effect whatsoever,unless embodied herein in writing. No
subsequent novation,renewal, addition,deletion or other amendment hereto shall have any force
or effect unless embodied in a written document executed and approved pursuant to the State of
Colorado fiscal rules.
I. Breach. A breach of this Contract shall not be deemed to be a waiver of any
subsequent breach or default of the Contract.
J. Third-Party Beneficiary. The enforcement of the terms and conditions of this
Contract, and all rights of action relating to such enforcement, shall be strictly
reserved to the State and the Contractor, and nothing contained in this Contract shall
give or allow any claim or right of action whatsoever by any other or third person,
with the exception of community corrections boards authorized to administer local
programs; otherwise,it is the express intent of the parties to this Contract that any
7
person receiving services or benefits under this Contract shall be deemed an
incidental beneficiary only.
K. Notice. Any notice provided for in this Contract shall be in writing and served by
personal delivery or by registered or certified mail,return receipt requested and
postage prepaid at the address shown on the first paragraph of this Contract,until
such time as written notice of a change of address is given to the said parties.
L. Software Piracy Prohibition: No State or other public funds payable under this
contract shall be used for the acquisition,operation or maintenance of computer
software in violation of United States copyright laws or applicable licensing restrictions.
The Contractor hereby certifies that, for the term of this Contract and any extensions,the
Contractor has in place appropriate systems and controls to prevent such improper use of
public funds. If the State determines that the Contractor is in violation of this paragraph,
the State may exercise any remedy available at law or equity or under this Contract,
including,without limitation,immediate termination of the Contract and any remedy
consistent with United States copyright laws or applicable licensing restrictions.
8
SPECIAL PROVISIONS
(For Use Only with Inter-Governmental Contracts)
1. CONTROLLER'S APPROVAL. CRS 24-30-202 (1)
This contract shall not be deemed valid until it has been approved by the Controller of the State
of Colorado or such assistant as he may designate.
2.FUND AVAILABILITY. CRS 24-30-202 (5.5)
Financial obligations of the State of Colorado payable after the current fiscal year are contingent
upon funds for that purpose being appropriated,budgeted, and otherwise made available.
3.INDEMNIFICATION.
Indemnity: The contractor shall indemnify, save, and hold harmless the State against any and all
claims, damages,liability and court awards including costs, expenses, and attorney fees incurred
as a result of any act or omission by the Contractor,or its employees, agents,subcontractors, or
assignees pursuant to the terms of this contract.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,protection, or other provisions for the parties, of the Colorado Governmental Immunity
Act, CRS 24-10-101 et seq. or the Federal Tort Claims Act,28 U.S.C. 2671 et seq. as applicable,
as now or hereafter amended.
4.INDEPENDENT CONTRACTOR 4 CCR 801-2
THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN
INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE.NEITHER THE
CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE
OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE.
CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND
INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID BY THE STATE
PURSUANT TO THIS CONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE
CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT
INSURANCE BENEFITS UNLESS THE CONTRACTOR OR THIRD PARTY PROVIDES
SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE
PROVIDE SUCH COVERAGE. CONTRACTOR SHALL HAVE NO AUTHORIZATION,
EXPRESS OR IMPLIED,TO BIND THE STATE TO ANY AGREEMENTS, LIABILITY, OR
UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. CONTRACTOR
SHALL PROVIDE AND KEEP IN FORCE WORKERS' COMPENSATION(AND PROVIDE
PROOF OF SUCH INSURANCE WHEN REQUESTED BY THE STATE)AND
UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY
LAW, AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE
CONTRACTOR,ITS EMPLOYEES AND AGENTS.
5.NON-DISCRIMINATION.
The contractor agrees to comply with the letter and the spirit of all applicable state and federal
laws respecting discrimination and unfair employment practices.
6. CHOICE OF LAW.
The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be
applied in the interpretation, execution,and enforcement of this contract. Any provision of this
contract,whether or not incorporated herein by reference,which provides for arbitration by any
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extra judicial body or person or which is otherwise in conflict with said laws,rules, and
regulations shall be considered null and void.Nothing contained in any provision incorporated
herein by reference which purports to negate this or any other special provision in whole or in
part shall 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 will not invalidate the remainder of this
contract to the extent that the contract is capable of execution.
At all times during the performance of this contract,the Contractor shall strictly adhere to all
applicable federal and state laws,rules, and regulations that have been or may hereafter be
established.
7.EMPLOYEE FINANCIAL INTEREST. CRS 24-18-201 &CRS 24-50-507
The signatories aver that to their knowledge,no employee of the State of Colorado has any
personal or beneficial interest whatsoever in the service or property described herein.
SPECIAL PROVISIONS
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
CONTRACTOR: STATE OF COLORADO:
BOARD OF COUNTY COMMISSIONERS Sin Owens,GOVERNOR
B WELD COUNTY, COLORADO
Y
Legal Name of contracting Entity /1 le _ ��-.
Executive¢Director Ga/
Department of Corrections
84-6000-813
SFEIN id
LEGAL REVIEW:
signature of Authorized Ken Salazar
ATTORNEY GENERAL
Glenn Vaad, Chair By 7526.../.77) .
(05/08/7009)
Print Name 8 Title of Authorized Officer
CORPORATIONS: � r A
(A corporate seal or a tan f' ' t' `
t. Ni4G .
t 18613'tOt`
Attest(Seal) By //t/ !/A �W �,
.r.;.n:... . �...t..- .. .�`Sl�r 't lTfi. R�Tti1D'�'S�i •,.'e
Deputy Clerk to the�: tr
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ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 2430-202 requires that the State Controller approve all state contracts. This contract is not
valid until the State Controller, or such assistant as he may delegate, has signed it. The
contractor is not authorized to begin performance until the contract is signed and dated below. If
performance begins prior to the date below,the State of Colorado may not be obligated to pay for
the goods andlor services provided.
STATE CONTROLLER:
Arthur Barnhart Bqc_tainr._0_0.41±(10/3
Date 1/5 /O 1.-
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