HomeMy WebLinkAbout20022237.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR NON-RESIDENTIAL INTENSIVE SUPERVISION
SERVICES PROGRAM AND AUTHORIZE CHAIR TO SIGN -THE VILLA AT
GREELEY, DBA THE RESTITUTION CENTER
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 Non-Residential
Intensive Supervision Services Program 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 The Villa at Greeley, dba The Restitution Center,
commencing July 1, 2002, and ending June 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 Non-Residential Intensive Supervision Services
Program 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 The Villa at Greeley, dba The Restitution Center, 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 14th day of August, A.D., 2002, nunc pro tunc July 1, 2002.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
A�
ATTEST: ilte#,I p
GI Vaa(
Weld County Clerk to t
1 , irk David E. g, Pro- n
BY: ,
Deputy Clerk to the �•��lN
��r�
M. J. Geile
APP D AS TO6 M: "L 14✓/
Wllia H. Jerke
minty P(tforneyf 1 h
�� obert D. Masden
Date of signature: /_ ?
2002-2237
DA0002
AGREEMENT FOR NON-RESIDENTIAL
INTENSIVE SUPERVISION SERVICES PROGRAM
THIS AGREEMENT is made and entered into this 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 The Villa at Greeley, dba, The Restitution Center, whose address is 555 18th
Street, Greeley, Colorado, 80631, hereinafter referred to as "The Villa."
WITNESSETH:
WHEREAS, the County has entered into a contract renewal with the State of Colorado
Department of Corrections (Contract Routing Number 02-CAA00046) for a program to provide
intensive supervision services for Department of Corrections parolees (the exact number to be
determined by the State of Colorado parole officer), a copy of which is attached hereto and
referred to herein as Exhibit "A", and
WHEREAS, said program is designed to comply with the directive for the provision of
such non-residential intensive supervision program services made by the Colorado General
Assembly through House Bill 96-1319, and
WHEREAS, the County is in need of professional services for said program and The Villa
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 Villa for the non-residential 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, and may renew itself automatically for successive one year
periods, 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 Villa to Department
of Corrections parolees, with such services being described in Exhibit"A." The
Villa agrees to provide such services in compliance with all of the terms,
conditions, and requirements stated in Exhibit "A."
Page 1 of 4 Pages
2002-2237
3. PAYMENT FOR SERVICES: Payment for services rendered by The Villa
pursuant to this Agreement shall be in accordance with the payment provisions set
forth in Section II., B. of Exhibit "A." The Villa 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 Agreement may result in The Villa's 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 a total of$25,000.00 for the term from July 1, 2002, to
June 30, 2003, which amount may be modified for succeeding yearly terms.
4. COMPLIANCE WITH CONTRACT REQUIREMENTS: The Villa agrees to
comply with all requirements of the"Contractor" stated in Exhibit "A", as if The
Villa was standing in the place of the"Contractor," including the requirements set
forth in the sections entitled: Notifications, Review and Inspection, Offender Files,
Record Retention, Confidentiality of Records, and Information Provided. The
Villa shall assist the County in complying with the "Fiscal Audit"requirements set
forth in Exhibit"A."
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: The Villa 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 Insureds.
Page 2 of 4 Pages
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
address to whom such notices shall be sent:
County: Jan Alison Zuber, Community Corrections Administrative
Coordinator, 915 10th Street, Greeley, Colorado, 80631.
The Villa at Greeley: Donna Haynes, Administrator,1750 6th Avenue,
Greeley, Colorado, 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
possess, nor shall any portion of this Agreement be deemed to have created a duty
of care that did not previously exist with respect to any person not a party to this
Agreement.
13. INDEPENDENT CONTRACTOR: The Villa shall perform the services
hereunder and the requirements set forth in Exhibit "A" as an independent
contractor. Neither The Villa nor any agent or employee of The Villa shall be
deemed an agent or employee of the County.
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
Nu. day of August, 2002.
�'�;�` THE COUNTY OF WELD, STATE OF
ATTEST: gey / i1.+.�f>!s R ♦ COLORADO, by and through THE BOARD
a� OF COUNTY COMMISSIONERS OF THE
COUNTY OF WELD, on behalf of WELD
/ IR'I 4 0 ati COUNTY COMMUNITY CORRECTIONS
BY: /; Ali: /' � BOARD
Deputy Clerk to ,'et-, 4
BY: St Glenn Vaad, im,3!
frooe)
THE VILLA AT GREELEY, INC.
Southern Corrections Sys ems, Inc.
1636) Y:• r� y1C ' a
' e 'ent 1�
SUBSCRIBED AND SWORN to before me this / tday of zL4} , 2002.
WITNESS my hand and official seal. fU�
Notary Public
My commission expires: 6-/V-d S�
Cll/hmiss,d4 CD/C)/6611
A:\PARSUP99.WPD
Page 4 of 4 Pages
Exhibit "A"
AGENCY CAA
CONTRACT ROUTING NUMBER 01-CAA00062
CONTRACT
THIS CONTRACT,made this 1s`day of May,2000,by and between the State of Colorado for the use and
benefit of the Department of Corrections; Division of Adult Parole Supervision,2862 South Circle Drive,
Suite 400, Colorado Springs, Colorado 80906-4122, hereinafter respectively referred to as the State and
Board of Commissioners of Weld County, on behalf of the Weld County Community Corrections Board,
P.O.Box 758,Greeley CO 80632,hereinafter respectively referred to as the Contractor.
WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made
available and a sufficient unencumbered balance hereof remains available for payment in Fund Number
100 Account Number P48,Contract Encumbrance Number 01CAA00062; and
WHEREAS, required approval, clearance and coordination has been accomplished from and with
appropriate agencies; and
WHEREAS, C.R.S. 17-27.5-101(1)(c) permits the State to contract for Intensive Supervision Program
nonresidential services with community corrections programs and other providers subject to the approval
of the affected Community Corrections Board.
NOW THEREFORE, the parties hereby agree:
1. DUTIES OF flit✓ CONTRACTOR
A. Program Services. The Contractor shall provide Intensive Supervision Program (hereinafter, ISP)
nonresidential services for an approximate population total of one hundred forty three (143)
Department of Corrections (hereinafter DOC) ISP parolees. The specific numbers of ISP parolees to
the Contractor will be determined by the Supervising Parole Officer. Specifically, for each ISP
parolee,the Contractor shall:
(1) Take a minimum of one random drug screen test no less than weekly for each ISP parolee on
a schedule that will include Saturdays, Sundays, and holidays, 24 hours per day; and
(2) With prior direction and approval by the State, monitor medications and/or antabuse, or
conduct breathalyzers.
B. Method of Billing.
(1) In order for billings to be accepted by the State, the signature of the appropriate DOC staff
member confirming the accuracy of the billing invoice is required. The Contractor shall send
each approved invoice and Attachment A — Nonresidential Services Monthly Expenditure
Summary, incorporated herein by this reference, to the State within fifteen (15) days
following the end of each month.
(2) The Contractor shall report the total costs of its program to the State within ten(10)days after
the end of the 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 fiscal year._
(3) If the Contractor bills any other State or federal agency for reimbursement for any of the
services to ISP parolees as specified in this Contract, either in whole or in part, it shall not
also bill the State for services to the same ISP parolees during the same time period.
C. Information Provided. Upon request of the Supervising Parole Officer, the Contractor will provide
information regarding the ISP services provided for the ISP offender.
D. Licenses and Certificates. The Contractor shall possess all required licenses and certificates for its
facility and program required by city, county, State, and federal regulations.
E. Professional Standards. The Contractor agrees to the following professional standards between
Contractor staff and ISP parolees:
(1) Contractor staff shall not use their official positions to secure or receive advantages, gifts or
favors from ISP parolees.
(2) Contractor staff shall not display favoritism or preferential treatment to an individual or group
of ISP parolees.
(3) Contractor staff shall not engage in any personal or business relationships with ISP parolees
or their family or associates other than stipulated within this Contract.
(4) Contractor staff shall report any violations or attempted violations of these relationship
standards immediately to the Contractor and the Supervising Parole Officer.
F. Criminal Conduct. Contractor staff shall not engage in any criminal conduct. If any Contractor staff
are arrested or charged with any criminal offense, the Supervising Parole Officer must be notified
immediately. The notification must clarify the working status of the Contractor staff during
disposition of pending charges. A written report must be submitted by the Contractor within 72 hours
of the telephone notification of the Supervising Parole Officer.
G. Compliance with Applicable Laws.
(1) The Contractor at all times during the performance of its Contract obligations shall strictly
adhere to all applicable federal laws and regulations, including protection of the
confidentiality of all applicant/recipient records, papers, documents, tapes or any other
materials that have been or may hereafter be established which relate to this Contract. The
Contractor acknowledges the following laws are included: Title VI of the Civil Rights Act of
1964, Section 504 of the Rehabilitation Act of 1972,the Education Amendments of 1972,the
Age Discrimination Act of 1975, the Americans with Disabilities Act, including Title II,
Subtitle A, 24 U.S.C. 12101, et seq. and all rules and regulations applicable to these laws
prohibiting discrimination because of race, religion, color, national origin, creed, sex, and
handicap in federally assisted health and human services program.
(2) The Contractor assures the State that at all times during the performance of this Contract that
no qualified individual:with a disability shall, by reason of such disability, be excluded from
participation in, or denied the benefits of the service,programs, or activities performed by the
Contractor, or be subjected to any discrimination by the Contractor,upon which assurance the
State relies. This assurance is given in consideration of and for the purpose of obtaining any
and all federal grants or other federal financial assistance.
H. Notification of Violations. The Contractor shall immediately notify the Supervising Parole Officer or -
Supervisor of any violations of State-specified program conditions by an ISP Parolee within the same
working day or the first working day following a violation committed during evening, weekends, or
2
official holidays. The Contractor shall provide information to the Supervising Parole Officer upon
request during the course of any ISP Parolee violation investigation.
I. Record Retention.
(1) The Contractor shall maintain and retain a complete file of all records, documents,
communications, and other materials, which pertain to the operation of the program, ISP
parolees, and the delivery of services under this Contract for five (5) years. Such materials
shall be sufficient to properly reflect all direct and indirect costs of labor, materials,
equipment, supplies, services, and other costs of whatever nature for which a Contract
payment was made. These records shall be maintained according to generally accepted
accounting principles and shall be easily separable from other Contractor records.
(2) All such records, documents, communications, and other materials shall be the property of
the State and shall be maintained by the Contractor, as the custodian, in a central location on
behalf of the State, for a period of five (5) years from the date of final payment under this
Contract, or for such further period as may be necessary to resolve any matters which may be
pending, or until an audit hasbeen completed with the following qualification: If an audit by
'or on behalf of the federal government has begun but is not completed at the end of the five
(5)year period, the materials shall be retained until the resolution of the audit findings.
(3) The Contractor will authorize the State to have full access to and a right to examine and copy
any of the above materials during such period, subject to the Colorado Open Records Act.
J. Review and Inspections.
(1) The Contractor authorizes the State to perform audits and to make inspections for the purpose
of evaluating performance under this Contract.
(2) At the State's request, the Contractor will make fiscal, program, and ISP Parolee records
available within three (3) working days for review and inspection by the State to assure the
Contractor is providing the services and maintaining files required by this Contract.
(3) The Contractor authorizes the State to inspect with or without notice the facilities and
equipment directly related to its performance under this Contract.
K. Offender Files. Any DOC parolee records maintained by the Contractor shall be maintained and
disseminated pursuant to C.R.S. §§ 24-72-202 through 204 and C.R.S. §§ 24-72-301 through 308 and
in compliance with Title 28 of the Code of Federal Regulations.
L. Confidentiality of Records.
(1) In the event the Contractor obtains access to any records or files of the State in connection
with this Contract, or in connection with the performance of its obligations under this
Contract, the Contractor shall keep such records and information confidential and shall
comply with all laws and regulations concerning the confidentiality of such records to the
same extent as such laws and regulations apply to the State.
(2) The Contractor shall specifically keep confidential all records and files of ISP parolees. The
Contractor shall obtain prior written approval from the State before releasing or disclosing the
contents of any such records or files. The Contractor further acknowledges that this
requirement is in addition to and not in lieu of any other laws respecting confidentiality of
ISP parolees and records.
3
(3) The Contractor agrees to notify and advise in writing all staff, agents, consultants, licensees,
and subcontractors of the said requirements of confidentiality and of possible penalties and
fines imposed for violation thereof, and secure from each an acknowledgement of such
advisement and contract to be bound by the terms of this Contract as an employee, agent,
consultant, licensee, or subcontractor of the Contractor, as the case may be.
(4) Any breach of confidentiality by the Contractor or third party agents of the Contractor shall
constitute good cause for the State to cancel this Contract, without liability; any and all
information delivered to the Contractor shall be returned to the State.
(5) Any State waiver of an alleged breach of confidentiality by the Contractor or third party
agents of the Contractor is not to imply a waiver of any subsequent breach.
M. Insurance.
(1) The Contractor, as a "public entity" within the meaning of the Colorado Governmental
Immunity Act, C.R.S. § 24-10-101, et seq., as amended(the "Act"), 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.
2. STATE DUTIES AND AGREEMENTS
A. Identification of Offenders. The State will provide the Contractor with the name of each ISP Parolee
and the name of the ISP Parolee's Supervising Parole Officer. The Supervising Parole Officer will
apprise the Contractor of the ISP services to be provided and the circumstances under which the
Supervising Parole Officer is to be notified about the ISP Parolee's activities and the time frames for
such notification. In accordance with C.R.S. § 17-27.5-102, the State alone shall be responsible for
recommending the assignment of ISP offenders for ISP services.
B. Payment for Services.
(1) The State will compensate the Contractor for the services described at a rate not to exceed
Ten Dollars ($10.00) per unit (a standard service incremental measure for ISP parolees) of
service with a maximum of eighteen (18) units per ISP parolee per month or at a lower rate
for specific ISP services according to the following schedule:
ISP PAROLEE ACTIVITY
ACTIVITY UNIT VALUE
Collecting Drug Screen and Test 1.0
Taking a Breathalyzer BAC .25
Receiving&Recording Daily Call-In .25
Paperwork Re: a Positive Drug Test .50
Monthly Summary Report 1.0
Antabuse Monitoring(each time) .50
BILLING FOR UNITS PER MONTH
UNITS OF SERVICE IN A MONTH COST/MONTH
1 >7 #x$10.00
7> 13 $100.00 (flat rate)
13 >= 18 $160.00 (flat rate)
4
(2) During the Contract period, upon receipt of proper billing from the Contractor as provided in
this Contract paragraph B.(1), the State will pay an amount not to exceed Twenty Two
Thousand One Hundred Fifty Two Dollars ($22,152.00) for the services herein described for
the daily average rate of approximately One Hundred Forty Three (143)ISP parolees.
(3) The Contractor, or the unit of local government that established the Community Corrections
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.
(4) Any funds mistakenly allocated or advanced to the Contractor by this Contract and not
already properly expended pursuant to this Contract may be recovered by the State as
deductions from future payments or through litigation or other legal proceedings.
C. Limitation of Payments and Liabilities.
(1) The State does not assume liability for any deficiency the Contractor may incur in its
operation 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.
(2) The State will not be held responsible for any program payments that the Contractor may
incur beyond what has been authorized by the authorized DOC staff member.
D. Complaints.
(1) Any supervising parole officer or supervisor who has reason to believe the Contractor is not
complying with the terms of this Contract shall notify the contract administrator in writing of
such reasons for a complaint.
(2) Upon receipt of the written notification of complaint, the contract administrator will review
and evaluate all relative information before taking further action.
(3) If warranted the contract administrator may administer the following actions:
a. Meet with the Contractor, discuss the concerns, and resolve the complaint;
b. Notify the Contractor of Contract termination as prescribed in 3. General Provision
E.Termination.
3. GENERAL PROVISIONS
A. Effective Date and Contract Terms. This Contract runs from the date of State Controller approval or
July 1, 2000 whichever is later,through June 30,2001
B. Subcontracts.
(1) This Contract is in the nature of personal services; The duties and obligations of the
Contractor cannot be assigned, delegated, or subcontracted without the express written
consent of the State. Subcontractors permitted by the State shall be subject to the
requirements of this Contract, and the Contractor is responsible for the performance of any
subcontract.
5
(2) The Contractor may subcontract for ISP nonresidential services with any private agency or
unit of local government for the purpose of rendering services to ISP parolees providing,
however, that any subcontracts shall comply with the terms and provisions of this Contract
and all applicable sections of C.R.S. §17-27.5-101, as amended. Copies of any subcontracts
shall be provided to the State by October 1, 2000 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 C.R.S. §17-27.5-101, as
amended.
C. Independent Contractor. The Contractor shall perform its duties hereunder as a Contractor and not as
an employee. Neither the Contractor nor any agent or employee of the Contractor shall be or shall be
deemed an agent or employee of the State. THE CONTRACTOR SHALL PAY WHEN DUE
ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX WITHHOLDING
INCLUDING ALL FEDERAL AND STATE INCOME TAX AND LOCAL HEAD TAX ON
ANY MONEYS PAID PURSUANT TO THIS CONTRACT. 1HE CONTRACTOR
ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES ARE NOT
ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE
CONTRACTOR OR A THUD PARTY PROVIDES SUCH COVERAGE AND THAT THE
STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. THE
CONTRACTOR SHALL HAVE NO AUTHORIZATION,EXPRESS OR IMPLIED,TO BIND
DIE STATE TO ANY CONTRACTS, LIABILITY, OR UNDERSTANDING EXCEPT AS
EXPRESSLY SET FORTH HEREIN.
D. Severability. To the extent this Contract may be executed and performance of the obligations of the
parties may be accomplished within the intent of this Contract, the terms of this Contract are
severable, and should any term or provision hereof be declared invalid or become inoperative for any
reason, such invalidity shall not affect the validity of any other term or provision hereof.
E. Termination. The State shall have the right to terminate this Contract for any reason by giving the
Contractor thirty(30)days prior written notice. Notice may be mailed or personally served upon the
Contractor at the addresses as stated in this Contract and is effective upon receipt. Mailed notice
must be posted by certified mail,return receipt requested. Additionally, the State reserves the-right to
cancel this Contract for cause immediately without the required written notice. The State in its sound
discretion may determine whether such cause for termination exists. Notwithstanding anything herein
to the contrary,the parties understand and agree that all terms and conditions of this Contract and any
exhibits and attachments hereto which may require continues performance or compliance beyond the
termination date of this Contract shall survive such termination date and shall be enforceable by the
State as provided herein in the event of such failure to perform or comply by the Contractor.
F. Modification. This Contract and its appendices are intended as the complete integration of all
understandings between the parties. No prior or contemporaneous addition, deletion, or other
amendment hereto shall have any force or effect whatsoever, unless embodied herein by writing. No
subsequent novation, renewal, addition, deletion,or other amendment hereto shall have any force or
effect unless embodied in a written Contract executed and approved pursuant to the State of Colorado
fiscal rules.
G. Change Order Letter. The State may prospectively order an increase or decrease in the amount
payable and the corresponding levels of service under this Contract through a Change Order Letter,
6
Attachment B — Change Order Letter, incorporated herein by reference, approved by the State
Controller or his designee, subject to the following conditions:
(1) The Change Order Letter(hereinafter Letter) shall include the following;
a. Identification of this Contract by the contract number and affected paragraph
number(s);
b. Types of service or programs increased or decreased and the new level of each
service or program;
c. Amount of the increase or decrease in level of funding change;
d. Intended effective date of the funding change; and
e. A provision stating that the change shall not be valid until approved by the State
Controller or such assistant as he may designate.
•
(2) Upon proper execution and approval, such Letter shall become an amendment to this
Contract and, except for the Special Provisions of this Contract, the Letter shall supersede
this Contract in the event of a_conflict between the two parties. It is understood and agreed
that the Letter may be used only for increased or decreased funding, and corresponding
adjustments to service levels and any budget line items.
(3) If the Contractor agrees to and accepts the change,the Contractor shall execute and return the
Letter to the State by the effective date indicated in the Letter. In the event the Contractor
does not accept the change, or fails to timely return the executed Letter, the State may upon
notice to the Contractor, terminate this Contract effective at any time after twenty (20) days
following the return deadline specified in the Letter. 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.
(4) Increase or decrease in the level of contractual funding made through the Letter process
during the term of this Contract may be made under the following circumstances:
a. Adjustments to reflect current year expenditures;
b. Supplemental appropriations resulting in an increase or decrease in the amounts
originally budgeted and available for the purposes of this program;
c. Closure of programs and/or termination or related contracts;
d. Delay or difficulty in implementing new programs or services; and
e. Other special circumstances as deemed appropriate by the State.
H. No Other Obligation. This Contract does not obligate the Contractor 4o provide any facilities,
services, or programs beyond those for which the Contractor is reimbursed under this Contract.
I. Breach. No waiver of any breach of any of the terms or conditions of this Contract shall be deemed
to be a waiver of any other or subsequent breach or default of this Contract.
7
J. Third-Party Beneficiary. This Contract shall benefit and burden the parties hereto in accordance with
its terms and conditions and is not intended, and shall not be deemed or construed, to confer any
rights, powers, benefits, or privileges on any person or entity other than the parties to this Contract.
This Contract is not intended to create any rights,liberty interests, or entitlements in favor of any ISP
Parolee. This Contract is intended only to set forth the contractual rights and responsibilities of the
Contract parties. An ISP Parolee shall have only those entitlements created by federal or State
constitutions, statutes,regulations,or caselaw.
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 addresses listed
in the introductory paragraph of this Contract,until such time as written notice of a change of address
is given to the said parties.
L. Venue. The City and County of Denver shall be the venue in the event any legal action if filed to
enforce or interpret provisions of this Contract.
8
SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
1. This Contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate. This
provision is applicable to any contract involving the payment of money by the State.
FUND AVAILABILITY
•
2. Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for the purpose being appropriated,budgeted,and
otherwise made available.
BOND REQUIREMENT
3. If this Contract involves the payment of more than fifty thousand dollars for the construction,erection,repair,maintenance,or improvement of any building,
road,bridge,viaduct,tunnel, excavation or other public work for this State,the Contractor shall,before entering upon the performance of any such work
included in this Contract duly execute and deliver the State official who will sign the Contract a good and sufficient bond or other acceptable surety to be
approved by said official in a penal sum not less than one-half of the total amount payable by the terms of this Contract. Such bond shall be duly executed by a
qualified corporate surety conditioned upon the faithful performance of the Contract and in addition,shall provide that if the Contractor or his subcontractors
fail to duly pay for any labor, materials, team hire, sustenance, provisions, provendor,or other supplies used or consumed by such Contractor or his
subcontractor in performance of the work contracted to be done or fails to pay any person who supplies rental machinery,tools,or equipment in the prosecution
of the work the surety will pay the same in an amount not exceeding the sum specified in the bond,together with interest at the rate of eight per cent per annum
Unless such bond is executed,delivered and filed,no claim in favor of the Contractor arising under such contract shall be audited,allowed or paid A certified
or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance
with CRS 38-26-106.
INDEMNIFICATION
4. To the extent authorized by law,the Contractor shall indermify, save,and hold harmless the State,its employees and agents,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.
DISCRIMINATION AND AFFIRMATIVE ACTION
5. The Contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957,as amended,and other applicable law respecting
discrimination and unfair employment practices(CRS 24-34-402),and as required by Executive Order,Equal Opportunity and Affirmative Action,Dated April
16,1975. Pursuant thereto,the following provisions shalt be contained in all State contracts or subcontract.
During the performance of this Contract,the Contractor agrees as follows:
(a) The Contractor will not discriminate against any employee or applicant for employment because of race,creed,color,national origin,sex,marital status,
religion, ancestry,mental or physical handicap,or age. The Contractor will take affirmative action to insure that applicants art employed,and that
employees are treated during employment,without regard to the above-mentioned characteristics. Such action shall include,but not be limited to the
following:employment,upgrading,demotion or transfer,recruitment or recruimnent advertising layoffs or terminations;rates of pay or other forms of
compensation;and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places,available to employees and
applicants for employment,notices to be provided by the contracting officer setting forth provisions of this non-discrimination clause.
(b) The Contractor will,in all solicitations or advertisements for employees placed by or on behalf of the Contractor,state that all qualified applicant will
receive consideration for employment without regard to race,creed,color,national origin,sex,marital status,religion, ancestry,mental or physical
handicap,or age. •
(c) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining contract or other contract or
understanding,notice to be provided by the contracting officer,advising the labor union or workers'representative of the Contractor's commitment under
the Executive Order,Equal Opportunity and Affirmative Action,dated April 16,1975,and rules,regulations,and relevant Orders of the Governor.
(d) The Contractor and labor unions will furnish all information and reports required by Executive Order,Equal Opportunity and Affirmative Action of April
16,1975,and by the rules,regulations and Orders of the Governor,or pursuant thereto,and will permit access to his books,records,and accounts by the
contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules regulations and
orders.
(e) A labor organization will not exclude any individual otherwise qualified from full membership right in such labor organization,or expel any such
individual from membership in such labor organization or discriminate against any of its members in the full enjoyment work opportunity because of
race,creed,color,sex,national origin,or ancestry.
(f) A labor organization,or the employees or members thereof will not aid,abet,incite,compel or coerce the doing of any act defined in this contract to be
discriminatory or obstruct or prevent any person torn complying with the provision of this Contract or any order issued thereunder,or attempt,either
directly or indirectly,to commit any act defined in this Contract to be discriminatory.
(g) In the event of the Contractor's non-compliance with the non-discrimination clauses of this Contract or with any of such rules,regulations,or orders,this
Contact may be canceled,terminated or suspended in whole or in part and the Contractor may be declared ineligible for further State contact in
accordance with procedures,authorized in Executive Order,Equal Opportunity and Affirmative Action of April 16,1975 and the rules,regulations,or
orders promulgated in accordance therewith,and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive
Orders.Equal Opportunity and Affirmative Action of April 16, 1975,or by ides,regulations,or orders promulgated in accordance therewith,or as
otherwise provided by law.
@) The Contractor will include the provisions of paragraphs(a)through(h)in every subcontract and subcontractor purchase order unless exempted by rules,
regulations,or orders issued pursuant to Executive Order,Equal Opportunity and Affirmative Action F April 16, 1975,so that such provisions will be
binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontracting or purchase order as the contracting
9
agency may direct,as a means of enforcing such provisions,including sanctions for ooncompliancc provided,however,that in the event the Contractor
becomes involved in, or is threatened with, litigation, with the subcontractor or vendor as a result of such direction by the contracting agency, the
Contractor may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado.
COLORADO LABOR PREFERENCE
6. (a) Provisions of CRS 8-17-101&102 for preference of Colorado labor are applicable to this Contract if public works within the State are undertaken
hereunder and are financed in whole or in part be State foods.
(b) When a construction contract for a public project is to be awarded to a bidder,a resident bidder shall be allowed a preference against a non-resident
bidder from a State or foreign country equal to the preference given or required by the State or foreign country in which the non-resident bidder is a
resident If it is determined by the officer responsible for awarding the bid that compliance with this subsection.06 may cause denial of federal funds
which would otherwise be available or would otherwise be inconsistent with requirements of Federal law,this subsection shall be suspended,but only to
the extent necessary to prevent denial of the moneys or to eliminate the inconsistency with Federal requirements(CRS 8-19-101 and 102).
GENERAL
7. .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 extra-judicial body or person or
which is otherwise in conflictwith 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.
8. 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 nay hereafter be established.
9. Pursuant to CRS 24-30-202.4(as amended),the State Controller may withhold debts owed to State agencies under the vendor offset intercept system for(a)
unpaid child support debt or child support arrearages;(b)unpaid balance of tax,accrued interest,or other chases specified in Article 22,Title 39,CRS;(c)
unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) owed amounts required to be paid to the unemployment
compensation fund;and(e)other unpaid debts owing to the State or any agency theeot the amount of which is found to be owing as a result of final agency
determination or reduced to judgment as certified by the controller.
I0. The signatories aver that they are familiar with CRS 18-8301,et seq.,(Bribery and Corrupt Influences)and CRS 18-8-401,et seq.,(Abuse of public Office),
and that no violation of such provisions is present
II. The signatories aver that to their knowledge,no State employee has any personal orbeneficial interest whatsoever in the service or property described herein.
IN WITNESS WHEREOF,the parties hereto have executed this Contract on the day first above written.
Weld County Board STATE OF COLORADO
Contractor. of Commissioners BILL OWENS,GOVERNOR
(Full Legal name)
FY
*5 EXEC!)71VE DIRECTOR.
Cal lam.! �� � a Lu I•i- 9` r
Position(Title) 1)'ls 4 !,i t eA, t ..a ARTMENT OF
If Corporation:
Attest(Seal)By its' -4'/ APPROVALS ST TE oLLER Arthur L. Barnhart
Corporate Secretary.or .'`G '' ; r� ink
ATTORNEY GENERAL By
By Dennis Pz
' Form 6-AC-02C
Revised 6/97
615-82-50-6038 -
AG File No.P:U.S1CONTRACT\OFFICIAL ISPECPROV.DOC
•
•
•
10
Hello