HomeMy WebLinkAbout20041453.tiff RESOLUTION
RE: APPROVE FIVE YEAR CONTRACT FOR COMMUNITY CORRECTIONS AND
AUTHORIZE CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Five Year Contract for Community
Corrections 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 Colorado Division of Criminal Justice,commencing July 1,2004,and ending June 30,2009,with
further terms and conditions being as stated in said contract, and
WHEREAS, after review,the Board deems it advisable to approve said contract, 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 Five Year Contract for Community Corrections 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 Colorado Division of Criminal
Justice, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said contract.
The above and foregoing Resolution was, on motion duly made and seconded,adopted by
the following vote on the 19th day of May, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
W D COUNTY, COLORADO
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4/14"'`•, �` Robert D. Masden, Chair
1861 Jerk to the Board ! L
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William H erke, Pro-Tem
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AP O D AS TO F
Davi E. Long
C my Attorny Sa/d� a'
Glenn Vaal
Date of signature: `2'-PY
2004-1453
DA0002
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NINETEENTH JUDICIAL DISTRICT
WELD COUNTY COMMUNITY CORRECTIONS BOARD
MEMO
DATE: May 13, 2004
TO: Board of Weld County Commissioners
FROM: Jan-Alison Zuber, Administrative Coordinato
SUBJECT: Five Year Community Corrections Contract
Attached are three (3) copies of the five year contract between the Board of County
Commissioners on behalf of the Community Corrections Board, and the Division of
Criminal Justice for the fiscal years 2004-2009. I have also attached a summary of
changes made throughout the contract and all pertinent "exhibits"
The contract and changes have been reviewed by Bruce Barker, County Attorney. I am
requesting this item be placed on the commissioners meeting agenda for Monday, May
17, 2004. I would respectfully ask the board's approval of this contract.
After approval and signature, please return all three copies to me. I will then forward
the contracts to the Division of Criminal Justice for state signatures. When the contract
is complete, I will return a fully signed copy to the Clerk to the Board.
Thank you for your attention to this matter.
2004-1453
Changes Made to the Five-Year Community Corrections Contract
Throughout Contract:
Update to statute cites.
Wording to clarify that most of the contract requirements are program responsibilities:
"Contractor shall ensure that its subcontractors . . .
I.1.B. Subcontracts.
Clarify the relationship between Contractor and subcontractor
"The Contractor shall include all requirements of this contract in all subcontracts with programs."
"All subcontractor responsibilities shall be the responsibility of the Contractor if the State is contracting directly
with a community corrections program that provides services and supervision for offenders."
1.1.D. Standards.
Emphasize the importance for programs to comply with the Standards
"Non-compliance with standards may result in cancellation of the subcontract."
I.1.J. Reports.
Clarify that reports are the responsibility of both the Contractor and subcontractors
"The Contractor,and its subcontractors . . ."
I.1.O. Reimbursement by Client.
Programs are allowed to charge offenders up to the amount stated in the annual legislative appropriation
(Long Bill). This amount is currently$17/day residential and$3/day non-residential.
I.1.S. Access to Medical Services.
The referral for medical services language was deleted, and the paragraph is re-named.
1.1.T. Review and Inspection.
Clarify that the records of both the Contractor and subcontractors may be inspected.
"The Contractor,and its subcontractors shall retain . . ."
I.1.X. Notification of Ownership Changes. New section
L2.B.4. Board Administration.
Add section re. Bonding/Insurance
"The Board or employees of the Board who have responsibility for receipt and/or disbursement of money under this
contract shall be bonded or insured to the value of the total allocation in Exhibit 'B'. Documentation of such
bonding or insurance shall be forwarded to the State prior to the disbursement of contract funds."
Change the frequency of reports summarizing administrative expenditures from yearly to quarterly.
Additional Board responsibility
"...monitor program performance based on the State's performance measures, ...."
1.2.C. Payment for Travel
Travel for transportation of offenders is changed from$.24 per mile to "the rate allowed by State Fiscal
Rules"(currently $.28 per mile)
Allocation Letter.
The Allocation Letter has been changed to a unilateral document, which requires signature by the State
only.
Funding Letter
The Funding Letter, which replaces the Change Order Letter for contract allocation adjustments, is a
unilateral document,which requires signature by the State only.
Department or Agency Name
Public Safety
Department or Agency Number
RAA 460000
Contract Number
05- 19-010
CONTRACT
4
THIS CONTRACT, made this day of , 20 0 V, by and between the
State of Colorado, Department of Pu lic Safety, for t use and benefit of the Division of Criminal
Justice, 700 Kipling Street, Suite 1000, Denver, Colorado, 80215, hereinafter referred to as the State,
and Board of County Commissioners of Weld County, on behalf of the Community Corrections
Board,P.O. Box 758, Greeley, Colorado, 80632, hereinafter referred to as the Contractor;
RECITALS
1. Authority exists in the law and funds for the current fiscal year have been budgeted, appropriated
and otherwise made available and a sufficient uncommitted balance thereof remains available for
encumbering and subsequent payment of this contract; and
2. Required approval, clearance and coordination has been accomplished from and with appropriate
agencies; and
3. The Department of Public Safety,Division of Criminal Justice, is authorized by Title 17,Article 27,
and Section 18-1.3-301, C.R.S., as amended, to administer and execute all contracts with units of
local government, community corrections boards, or nongovernmental agencies for the provision of
community correctional facilities and programs as defined pursuant to Title 17, Article 27, and
Section 18-1.3-301, C.R.S., as amended.
4. The Contractor is authorized to enter into agreements with the State as a result of the statutory
reference, resolution or ordinance attached, marked as Exhibit "D" and incorporated herein by
reference.
5. Any contract between the State and its local government subdivisions is exempt from the
procurement process,pursuant to C.R.S. 24-101-105(1), as amended.
NOW THEREFORE, subject to the terms, conditions, provisions and limitations contained in this
contract, the State and the Contractor agree as follows:
I. STATEMENT OF WORK
1. Responsibilities of the Contractor:
A. Approval. The Contractor shall ensure that community correctional services are
provided through programs approved by the local community corrections board in their
jurisdiction and operating pursuant to Title 17, Article 27, and Section 18-1.3-301,
C.R.S., as amended.
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B. Subcontracts. The Contractor may subcontract for community corrections services
with any private agency or unit of local government for the purpose of rendering
services to offenders, providing, however, that any subcontractors shall comply with
the terms and provisions of this contract and all applicable sections of Title 17, Article
27, and Section 18-1.3-301, C.R.S., as amended. The Contractor shall include all
requirements of this contract in all subcontracts with programs.
Copies of any subcontracts shall be provided to the State within ninety (90) days
following the beginning of the fiscal year or within ninety (90) 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.
All subcontractor responsibilities shall be the responsibility of the Contractor if the
State is contracting directly with a community corrections program that provides
services and supervision for offenders.
C. Description of Services. The Contractor shall ensure that its subcontractors provide
such services as specifically set forth in the annual proposal submitted to the State for
the provision of services to 1) offenders referred by the Department of Corrections
(DOC), 2) offenders referred by the State Judicial Branch (SJB), 3) offenders referred
by the State Board of Parole, or 4) offenders referred by SJB pursuant to Section 19-2-
907(1)(b), Section 19-2-908, and Section 19-2-910, C.R.S, as amended. A copy of
such annual proposal submitted by each subcontractor is available at the Division of
Criminal Justice, marked as Subcontractor's Exhibit "A".
D. Standards. The Contractor shall ensure that its subcontractors meet, maintain, and
comply with all applicable guidelines or standards as provided in Title 17, Article 27,
and Section 18-1.3-301, C.R.S., as amended, and the "Colorado Community
Corrections Standards", as revised or amended, attached, marked as Exhibit "E" and
incorporated herein by reference. Non-compliance with standards may result in
reduction of compensation rates as specified in the Allocation Letter, sample form
attached, marked as Exhibit "B" and incorporated herein by reference; 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; cancellation of the contract; or cancellation of the subcontract.
E. State and Local Regulations. The Contractor shall ensure that its subcontractors
comply with all state and local health, safety, fire, building and zoning requirements.
F. Victim Rights Act. The Contractor shall ensure that its subcontractors comply with
Section 24-4.1-302.5, Section 24-4.1-303 and Section 24-4.1-304 C.R.S., as amended,
commonly known as the Victim Rights Act and enabling legislation.
G. Immigration Reform Control Act. The Contractor shall ensure that its subcontractors
comply with all federal and state laws, including the Immigration Reform Control Act
in all hiring practices.
H. Americans with Disabilities Act. The Contractor shall ensure that its subcontractors
comply with all applicable titles of the Americans with Disabilities Act (Public Law
101.336) and submit documentation as required by the State to demonstrate compliance
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with this Act.
Client Files. The Contractor shall ensure that its subcontractors maintain individual
files for each offender participating in their program as required by DOC/SJB. 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 federal and state regulations.
J. Reports. The Contractor, and its subcontractors, shall provide timely,prompt, and
accurate reports as are or may be required by the State, DOC, or SJB during the period
of the contract, which include but are not limited to statistical reports, caseload data,
Community Corrections Client Termination Forms, Community Corrections Board
Screening Data Forms, survey questionnaires and other records documenting the types
of services provided and the identity of the individual offenders receiving such
services. Community Corrections Client Termination Forms must be completed by
program staff, as prescribed by the State, for each offender served, and shall
accompany the billings coinciding with the offender's month of termination.
Community Corrections Board Screening Data Forms shall be used to record all
screening activity performed by the Contractor and its subcontractors and shall be
submitted to the State on a quarterly basis.
K. Fugitive Reporting System. Pursuant to Section 17-27-104(11), C.R.S., the Contractor
shall insure that any probable escape of any Diversion offender is reported by program
staff providing services through this contract, using the Fugitive Reporting System in
effect at the time of the escape. Program staff shall also provide the State and its local
community corrections board with monthly escape reports of all offenders reported as
escapees, whether Diversion or Transition offenders.
L. Supervision of Offenders. The Contractor shall ensure that its subcontractors provide
24-hour-a-day, seven-day-a-week staff supervision of the offenders assigned to the
residential facility as specified in the "Colorado Community Corrections Standards".
M. Method of Billing. The Contractor shall bill the State for services provided on such
forms and in such manner as the State may require. Billing shall be submitted on the
Community Corrections Billing form, sample form attached, marked as Exhibit "F"
and incorporated herein by reference. The State reserves the right to modify the billing
form. In order for the billing to be accepted by the State, the signature of the
appropriate probation/parole officer or board representative, confirming the accuracy of
the billing is required. The Contractor shall send the Colorado Community
Corrections Monthly Expenditure Summary Form, sample form attached, marked as
Exhibit "G"and incorporated herein by reference, to the State within thirty (30) days
following the end of each month, with all billings attached. The Contractor shall report
the total billable program costs to the State within five (5) days after the end of the
fiscal year. The State may require the Contractor to provide an estimate of final year-
end expenditures anytime within sixty (60) days prior to the end of the fiscal year. The
Contractor agrees to use funds on an equal quarterly basis, unless authorized by the
State. If actual quarterly expenditures are less than the quarterly advance by more than
twenty percent (20%), subsequent quarterly payments may be reduced accordingly.
N. Additional Services. The Contractor shall ensure that its subcontractors 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
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are billed by the Contractor that exceed the maximum total payment as described in
Exhibit "B", the State is not liable for reimbursement. Should additional funding
become available, the State may, at its own option, choose to reimburse beyond the
amount specified in Exhibit "B", per attached Funding Letter.
O. Reimbursement by Client. The Contractor shall ensure that its subcontractors know
that they may charge each offender participating in a community corrections program
the reasonable costs of the services not covered by State payments, pursuant to the
annual legislative appropriation. The charges may be collected on an ability-to-pay
basis. Each offender shall be issued receipts for fees collected.
Any charges to offenders in excess of the amounts listed in the legislative appropriation
must be approved in advance by the State and the local community corrections board.
The subcontractor 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. Such additional charges must be described in Exhibit "A".
P. Absence Due to Arrest. The Contractor shall ensure that its subcontractors notify
DOC/SJB immediately if they know an offender has been arrested and/or is in the
custody of federal, state or local authorities. 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.
Q. Unauthorized Absence. The Contractor shall ensure that its subcontractors notify
DOC/SJB, through the appropriate probation/parole officer, within two (2) hours after
an offender becomes absent from the program without authorization. The
subcontractor shall keep the offender's position available for a period not to exceed one
(1) day during the offender's unauthorized absence if DOC/SJB notifies the
subcontractor that it does desire to have the position kept available. The State shall
compensate the Contractor at full rate the day the offender escapes.
R. Insurance.
1) The Contractor shall ensure that its subcontractors obtain and maintain in full
force and effect at all times during the term of this agreement, insurance in the
following kinds and amounts:
a) Standard Worker's Compensation and Employer Liability as required by
State statute, including occupational disease, covering all employees on or
off the work site, acting within the course and scope of their employment.
b) General, Personal Injury, and Automobile Liability(including bodily
injury, personal injury, and property damage) minimum coverage:
1) Combined single limit of$600,000 if written on occurrence basis.
2) Any aggregate limit will not be less than $1,000,000.
3) Combined single limit of$600,000 for policies written on a claims-
made basis. The policy shall include an endorsement, certificate, or
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other written evidence that coverage extends two years beyond the
performance period of the contract.
4) If any aggregate limits are reduced below$600,000 because of
claims made or paid during the required policy period, the Contractor
shall immediately obtain additional insurance to restore the full
aggregate limit and furnish a certificate or other document showing
compliance with this provision.
2) The State of Colorado shall be named as additional insured on all liability
policies.
3) The insurance shall include provisions preventing cancellation within 60 days
prior notice to the State by certified mail.
4) The subcontractors shall provide certificate showing adequate insurance coverage
to the State with the return of Exhibit "A", unless otherwise provided.
5) If the subcontractor is a "public entity"within the meaning of the Colorado
Governmental Immunity Act, CRS 24-10-101, et seq., as amended ("Act"), the
subcontractor shall at all times during the term of this contract maintain such
liability insurance, by commercial policy or self-insurance, as is necessary to
meet its liabilities under the Act. Upon request by the State, the subcontractor
shall show proof of such insurance.
S. Access to Medical Services. Policy and procedures of the subcontractor shall
specifically prohibit any restriction or constraint of offenders' movement or efforts to
attend to their legitimate medical or dental needs. If a medical emergency occurs, the
Contractor shall ensure that its subcontractors immediately notify the referring agency
(DOC or SJB). The State shall compensate the Contractor at the full rate the day an
offender is placed in a hospital, and at 50% of the regular per diem rate for up to seven
(7) days for holding a bed available during the hospitalization of an offender, unless the
referral agency notifies the subcontractor otherwise.
T. Review and Inspection. The Contractor, and its subcontractors, shall allow the State,
DOC, SJB, or Health Department employees to inspect, with or without notice, the
facilities, fiscal and program files, other records, and services provided to determine
compliance with this contract.
U. Record Retention. The Contractor, and its subcontractors, shall retain all books,
records,and other documents of any part pertaining to this agreement for seven (7)
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.
V. Information Provided. The Contractor shall ensure that its subcontractors provide
information upon request of the appropriate DOC/SJB officers regarding the activities
and adjustment of offenders assigned to their program. The Contractor shall ensure
that its subcontractors collect, maintain and make available to DOC/SJB 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 court-imposed fines and restitution.
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W. Financial Audit. The Contractor shall ensure that its subcontractors provide to the State
an independent financial audit report(s)which covers the agency's fiscal year(s)
relevant to the contract period. Such materials shall be provided to the State within six
(6)months of the end of the fiscal year unless a different schedule is established in
writing by mutual agreement of the parties. These requirements may be waived, all or
in part,by the State in accordance with established standards.
X. Notification of Ownership Changes (Governmental Entities Exempt).
I) The Contractor shall ensure that its subcontractors notify the State in writing
within thirty(30)days after becoming aware that a change in its ownership has
occurred, or is certain to occur,that could result in changes in the valuation of its
capitalized assets in the accounting records. The Contractor shall also ensure that
its subcontractors notify the State in writing within thirty(30) days whenever
changes to asset valuations or any other cost changes have occurred, or are
certain to occur, as a result of a change in ownership.
2) The Contractor shall ensure that its subcontractors:
a) Maintain current, accurate and complete inventory records of assets and
their costs:
b) Provide the State or designated representative ready access to the records
upon request;
c) Ensure that all individual and grouped assets, their capitalized values,
accumulated depreciation or amortization, and remaining useful lives are
identified accurately before and after each of the subcontractor's ownership
changes; and
d) Retain and continue to maintain depreciation and amortization schedules
based on the asset records maintained before each subcontractor ownership
change.
3) The Contractor shall include the substance of this clause in all subcontracts under
this contract that meet the applicability requirements of the State.
2. Responsibilities of the State:
A. Multi Year Obligations.
1) Prior to the beginning of each fiscal year, the State shall send the Contractor an
"Allocation Letter", approved by the State Controller or his designee, sample
form attached,marked as Exhibit "B"and incorporated herein by reference. The
Allocation Letter shall include the following conditions:
a) Original maximum annual allocations and rates of reimbursement for each
category of community corrections funding;
b) Applicable fiscal year for the allocation and rates of reimbursement;
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c) A provision stating that the allocations shall not be valid until approved by
the State Controller or his designee.
2) Upon proper execution by the State, such Allocation Letter shall become an
amendment to this contract.
3) The State may allocate more or less funds available on this contract using a
Funding Letter substantially equivalent to Exhibit "C", sample form attached
and incorporated herein by reference, and bearing the approval of the State
Controller or his designee. The Funding Letter shall not be deemed valid until it
has been approved by the State Controller or his designee.
B. Payment for Services.
1) The State agrees to advance funds on a quarterly basis to the Contractor in
accordance with the schedule in Exhibit "B"subject to compliance with the
provisions of the contract.
2) During the period of the contract, upon receipt of proper billings from the
Contractor as provided in paragraph 1.M.herein, payment shall be offset against
advances up to a maximum total payment as specified in Exhibit `B":
3) Reimbursement will not be allowed for the first day of an offender's participation
in a program, but shall be allowed for the last day of an offender's participation.
The day an offender transfers from Residential to Non-Residential status,
reimbursement will be made at the residential daily rate, but shall not be made
for non-residential expenses. The day an offender transfers from Non-
Residential to Residential status,reimbursement will be made for non-residential
expenses, but shall not be made for the residential daily rate.
4) The community corrections board, or the unit of local government that
established the board, may use up to four percent(4%) of the total original
allocation for residential transition, residential diversion, and diversion non-
residential for administrative purposes, through June 30, 2006. On and after July
1, 2006, the percentage will increase to five percent(5%). The board or unit of
local government may opt to perform any or all of the following functions to be
eligible to receive the administrative funds:
a) Option I: Administer contracts with approved service providers and
administer payments to subcontractors—eligible for up to two percent
(2%) of the funds.
b) Option 2: Provide staffing support for local boards to conduct regular
business and screening functions; and in coordination with state and local
agencies, monitor community corrections programs within the jurisdiction
of such board, oversee compliance with state and local standards, monitor
program performance based on the State's performance measures, and
enforce the implementation of plans to bring providers in compliance with
program standards. The community corrections board's oversight of the
community corrections programs within the board's jurisdiction shall
include assessing the number of offenders who have escaped from custody,
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based on reports prepared by the administrators of community corrections
programs, and determining compliance by community corrections
programs with the recommendations made in audit reports prepared by the
State—eligible for up to two percent(2%)of funds through June 30, 2006;
eligible for three percent(3%) of funds on and after July 1, 2006.
Boards shall keep financial records documenting the receipt and expenditure of
all administrative funds and maintain these records for a period of seven (7)years
following the contract period. Quarterly reports summarizing each quarter's
administrative expenditures within each option category shall be forwarded to the
State no more than thirty(30) days following the end of each quarter.
The Board or employees of the Board who have responsibility for receipt and/or
disbursement of money under this contract shall be bonded or insured to the
value of the total allocation in Exhibit "B". Documentation of such bonding or
insurance shall be forwarded to the State prior to the disbursement of contract
funds.
5) The Contractor shall use no more than one percent(1%) of their total residential
diversion allocation for condition of probation clients. Reimbursement for any
single client in residential diversion community corrections as a condition of
probation shall be limited to a maximum of thirty(30) days, unless a written
request is presented to and approved by the State.
6) Any transfer of funds between the transition and diversion line items listed in
Exhibit "B"must be reviewed and approved in writing by the State.
7) The Contractor may request funds to supplement the allocations of this contract,
under circumstances defined by the Office of State Planning and Budgeting.
Such requests must be submitted in writing to the State by October 20th of each
fiscal year. Requests must identify the type of additional funding requested
(diversion, transition, etc.)and justifications for the request. Any request for
diversion funding must include profiles of offenders served within the
jurisdiction to identify the proportion that would likely be placed in prison
without diversion resources. Profiles should identify offenders with two or more
prior felonies,convictions for felony 2's or 3's or felony sex offenses, revoked
probation cases, inmates granted sentence reconsiderations, or other
characteristics documenting the types of offenders served within the jurisdiction.
All requests for supplemental funds are subject to review by the executive and
legislative branches of the State and are subject to the provisions of the Funding
Letter.
8) Reimbursement may be allowed for any additional programmatic funding
approved by the Legislature.
C. Payment for Travel. The State shall reimburse the Contractor for travel at the rate
allowed by State Fiscal Rules, when such travel is requested by 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.
Reimbursement for mileage shall be made from the residential transition allocation
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listed in Exhibit "B".
D. Payment for Leaves of Absence. The State shall pay for the following leaves of
absence, as authorized and approved by DOC or SJB:
1) "Pass or furlough"based on a privilege to leave the facility to an approved
location for up to forty-eight(48)hours.
2) "Off-grounds leave"for the purpose of which is to conduct a hearing or
assessment regarding the continuation of the offender in community corrections,
for a maximum allowable period of three(3) days.
3) "Emergency leave"caused by and limited to a serious life-threatening incident in
the offender's immediate family, subject to a maximum period of seven (7) days,
to be reimbursed at 50% of the regular per diem rate.
E. Noncompliance. The State agrees to allow the Contractor thirty(30) days within which
they may correct or justify identified issues, following a notice of non-compliance,
unless there is an immediate risk to public safety. If the identified issues are
unresolved within the thirty(30) day period, action may be taken that will result in
withholding funds.
F. Limitation of Payments and Liabilities. The State shall not assume liability for any
deficiency that the Contractor, or its subcontractors, may incur in the operation of its
program nor for any debts or expenditures incurred by the Contractor, or its
subcontractors, for ensuing fiscal years.
II. GENERAL PROVISIONS
1. Performance Period. The contract shall be effective upon approval by the State Controller or
designee, or on July 1, 2004, whichever is later and extend through June 30, 2009, contingent
upon availability of funds subject to Paragraph 2.A. herein.
2. Assignment. The rights and duties arising under this contract shall not be assigned or
delegated without the prior written consent of the State.
3. Breach. A breach of this contract shall not be deemed to be a waiver of any subsequent
breach or default of the contract.
4. Third-Party Beneficiary. It is expressly understood and agreed that 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. Nothing contained in this agreement
shall give or allow any claim or right of action whatsoever by any other 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 such person or entity
receiving services or benefits under this contract shall be deemed an incidental beneficiary
only.
5. 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
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of the Colorado Governmental Immunity Act, Section 24-10-101, et. seq. CRS, as now or
hereafter amended. The parties understand and agree that liability for claims for injuries to
persons or property arising out of negligence 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.
6. 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 at the
above address, 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 parties
hereunder for the further performance of the terms of this contract shall thereupon cease, but
the parties shall not be relieved of the duty to perform their obligation up to the date of
termination.
Upon receipt of notice of termination for convenience, the Contractor shall incur no further
obligations in connection with the contract. The Contractor will be reimbursed for reasonable
costs allocable to the contract performance. The State may deduct any un-liquidated advance
payments made pursuant to Exhibit "B" from compensation due the Contractor, and in the
event the amount advanced exceeds the compensation yet due the Contractor after
termination, that amount shall be remitted to the State within thirty (30) days of contract
termination.
7. Notice. All notices required to be given by the parties hereunder shall be hand delivered or
given by registered or certified mail to the individuals at the addresses set forth below. Either
party may from time to time designate in writing new or substitute addresses or persons to
whom such notices shall be sent.
For the State:
Raymond T. Slaughter
Department of Public Safety
Division of Criminal Justice
700 Kipling Street, Suite 1000
Denver, Colorado 80215
For the Contractor:
Jan Zuber
Weld County Community Corrections Board
P.O. Box 758
Greeley, Colorado 80632
8. Entire Understanding. This contract is intended as the complete integration of all
understanding between the parties. No prior or contemporaneous addition, deletion, or other
amendment hereto shall have any force or affect 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 contract executed and approved
pursuant to the State of Colorado Fiscal Rules.
9. Order of Precedence. In the event of conflicts or inconsistencies between this contract and its
exhibits or attachments, such conflicts or inconsistencies shall be resolved by reference to the
Page 10 of 13
document in the following order of priority:
A. Colorado Special Provisions, pages 12 and 13;
B. Contract,pages 1 through 11;
C. Subcontractors' Proposals,Exhibit A, copies on file with DCJ
Cl. Southern Corrections Systems, Inc. dba Avalon Correctional Services, Inc. dba
The Restitution Center dba Residential Treatment Center,
C2. Correctional Management, Inc.,
C3. Intervention dba Intervention Community Corrections Services,
C4. Arapahoe Community Treatment Center, Inc.,
C5. ComCor, Inc.,
C6. Time to Change, Inc.;
D. Allocation Letter,Exhibit B (two-page sample), attached;
E. Funding Letter,Exhibit C(one-page sample), attached;
F. Resolution, ordinance or statute authorizing the Contractor to enter into an agreement
with the State to provide community corrections services,Exhibit D, attached;
G. Colorado Community Corrections Standards,Exhibit E, attached;
H. Community Corrections Month-End Billing Form, Exhibit F(one-page sample),
attached;
I. Colorado Community Corrections Monthly Expenditures Summary Form,Exhibit G
(one-page sample), attached.
Page 11 of 13
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.
To the extent authorized by law,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 Govemmental 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 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. SOFTWARE PIRACY PROHIBITION Governor's Executive Order D 002 00
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. 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.
Page 12 of 13
CDPS LAN Version, April 5, 2004
f
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
CONTRACTOR: STATE OF COLORADO:
BILL OWENS GOVERNOR
By Board of County Commissioners
of Weld County By Executive Director
Legal Name of Contracting Entity Carol C. Poole, Deputy Director he J
84-6000813 I Department of Public Safety J
Social
Security Number or FEIN
So 4s1,A & \ U LEGAL REVIEW:
Signature of Aut orized Officer Attorney General, Ken Salazar
BY
Robert D. Masden, Chair W AI VE3 R #8
Print Name&Title of Authorized Office` IE Z,A
05/19/ ! 14
CORPORATIONS: i +�{
(A corporate ttestat n ni fired (1861 a .'ri:
Attest (Seal) B �•���'�r ' !
(Corporate ecretary or Equ' alen,or erk) (Place corporate seal here, if available)
Carat Marl/nl Ocpw{y Clevk )10 Soar/
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 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 and/or
services provided.
STATE CONTROLLER:
Arthur L. Barnhart
By
r1�/pj
Date (O -,t -2 L2IV'-I
Page 13 of 13
CDPS LAN Version,April 5, 2004
Contractor's Exhibit A
Board of County Commissioners of Weld County
State Fiscal Years 2005-2009
The contract proposal for performance of services required to operate pursuant to
Title 17, Article 27, and Section 18-1.3-301, C.R.S., as amended, shall be
accomplished in accordance with the prime contract terms and conditions by the
identified subcontractor(s) as provided in Exhibit A 1 (Southern Corrections
Systems, Inc. dba Avalon Correctional Services, Inc. dba The Restitution
Center dba Residential Treatment Center), Exhibit A2 (Correctional Management,
Inc.), Exhibit A3 (Intervention dba Intervention Community Corrections
Services), Exhibit A4 (Arapahoe Community Treatment Center, Inc.), Exhibit A5
(ComCor, Inc.), and Exhibit A6 (Time to Change, Inc.), which are available at the
Division of Criminal Justice.
Exhibit B
ALLOCATION LETTER#
FY
Date
Contractor
Address
City, State ZIP
Dear Contractor:
Pursuant to paragraph I.2.A. of the contract between the Department of Public Safety, Division of
Criminal Justice(DCJ)and , DCJ hereby notifies you of the following funding
allocations for Fiscal Year
I) Payment pursuant to Contract# for the period July 1, through June 30,
, will be made as earned, in whole or in part, from available State funds encumbered in an
amount not to exceed:
$ for residential diversion direct sentence and diversion condition of probation
placements at a daily rate of$ per offender,
$ for diversion non-residential placements at no more than $247 per month per
offender,not to exceed an average of$4.71 per day per offender,
$ for residential transition placements at a daily rate of$ per offender,
$ for residential parole placements at a daily rate of$ per offender,
$ for residential transition IRT placements at a daily rate of$ per offender,
$ for residential transition sex offender placements at a daily rate of$ per
offender,
$ for residential transition mental health placement differential at a daily rate of
$ per offender,
$ for specialized substance abuse services at a daily rate of$ per offender,
$ for Community Corrections Boards Administration, and
per diem supplements to provide specialized services,with prior approval by the
State, for offenders with special needs
Contractor
Date
Page 2
2) 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) Funds allocated in this Allocation Letter are for services rendered during the current contract
period and cannot be used to pay for community corrections services provided in prior or future
fiscal years.
4) Any unexpended funds allocated or advanced to the Contractor by the Allocation Letter shall be
reverted to the State no later than September 30,
This amendment to the contract is intended to be effective , 20 , but in no event
shall this amendment be deemed valid until it shall have been approved by the State Controller or his
designee.
APPROVALS:
State of Colorado:
, Governor
By: Date:
For the Executive Director
Colorado Department of Public Safety
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 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 goods and/or services provided.
State Controller,
By:
Date:
Exhibit C
DATE: State Fiscal Year:
TO: (Contractor's name here)
SUBJECT: Funding Letter No.
In accordance with Paragraph 5 of Contract # DCJ 05-09- between the State of Colorado
Department of Public Safety, Division of Criminal Justice (DCJ), and
covering the period of July 1, 20 through June 30, 20 , the undersigned commits the
following funds to the contract:
The maximum amount of funds available and specified in Paragraph 1 of Allocation Letter#
to Contract #DCJ 05-09- is (increased/decreased) by($ amount of change) to a
new total funds available of($ ) for services under the contract.
The effected lines of paragraph 1 of Allocation Letter# to Contract # DCJ 05-09-
shall now read: "
The funding letter is effective upon approval by the State Controller or such assistant as he may
designate.
APPROVALS:
State of Colorado:
, Governor
By: Date:
For the Executive Director
Colorado Department of Public Safety
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 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 goods and/or services provided.
State Controller,
By:
Date:
Exhibit F
COMMUNITY CORRECTIONS MONTH-END BILLING FORM
Program Name: Address:
Bill Type: Bill Month/Year: Client Judicial District:
Staff Filling Out Form: Parole/Probation Signature:
Program Director Signature: DCJ Staff Signature:
+n`l
cli :1 5 dt e s rL�..,,, ^ " u� + _ w„ ,Rate " „
i'Crait
g '
+4 llittdo
;44 n
.'
,',k$"0:0.p ,°III
`Sr
s+,1ae
4 rdd ;"i
$00
TOTAL „e&
` w $9.005,rw
Exhibit G
COLORADO COMMUNITY CORRECTIONS
Monthly Expenditures Summary
Contractor _ Month Year
Staff Member Completing this Form Date Submitted
Diversion Diversion Parole Sex Offender Substance
Residential Non-Residential Transition Residential IRT Abuse TOTAL
Beginning Balance
Adjustments/
Supplementals
Less Monthly Program
Expenses(list by billings)
I I r i
Month-End Balance
Division of Criminal Justice
cd os
Raymond T.Slaughter,Director
700 Kipling St.
Suite 1000
Denver,CO 80215-5865
I303)239-4442
COLORADO FAX )239-4491
DEPARTMENT
OF PUBLIC SAFETY
ALLOCATION LETTER#DCC-05-11
FY 2004-05
June 28,2004
Ms. Jan Zuber
Weld County Community Corrections Board
P.O. Box 758
Greeley,Colorado 80632
Dear Ms.Zuber:
Pursuant to paragraph I.2.A. of the contract between the Department of Public Safety, Division
of Criminal Justice(DCJ)and the Board of County Commissioners of Weld County, on behalf
of the Community Corrections Board, DCJ hereby notifies you of the following funding
allocations for Fiscal Year 2004-05.
1) Payment pursuant to Contract#05-19-010 for the period July 1, 2004 through June 30,
2005,will be made as earned, in whole or in part, from available State funds
encumbered in an amount not to exceed:
$1,051,236 for residential diversion direct sentence and diversion condition of
probation placements at a daily rate of$34.70 per offender,
Bill Owens
GOVERNOR $ 115,183 for diversion non-residential placements at no more than $247 per
Jos Morales month per offender,not to exceed an average of$4.71per da
EXECUTIVE DIRECTOR day per
P
offender,
Colorado State
Patrol
Colorado Bureau $ 557,282 for residential transition placements at a daily rate of$34.70 per
of"NBe"9a"°" offender,
Division of
Criminal Justice
$ 113,989 for residential parole placements at a daily rate of$34.70 per offender,
Office of Preparedness,
Security,and Fire Safety
$ 596,264 for residential transition IRT placements at a daily rate of$51.05 per
offender,
$ 98,059 for specialized substance abuse services (diversion irt) at a daily rate
of$16.35 per offender,
DCJ $ 97,358 for Community Corrections Boards Administration, and
per diem supplements to provide specialized services,with prior
?«• approval by the State, for offenders with special needs.
Home Page:http://dcj.state.co.us
E-Mail:raymond.slaughter@cdps.state.co.us
Weld County Community Corrections Board
June 28, 2004
Page 2
2) 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) Funds allocated in this Allocation Letter are for services rendered during the current
contract period and cannot be used to pay for community corrections services provided in prior or
future fiscal years.
4) Any unexpended funds allocated or advanced to the Contractor by the Allocation Letter shall be
reverted to the State no later than September 30,2005.
This amendment to the contract is intended to be effective July 1, 2004,but in no event shall this
amendment be deemed valid until it shall have been approved by the State Controller or his designee.
APPROVALS:
State of Colorado:
if 1 Owens, Governor By: /� ' ' Date: l 114 1 01/4\
For he xecutive Director
Color.: • Department of Public Safety
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 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 goods and/or services provided.
State Controller,Arthur L. Barnhart 7;,
By: 9-0,4y144 -c r�. ti�
Date: 7 " —100 H
•
Division
C Criminal Justiced
nd T.Slaughter, Director
700 Kipling St.
Suite 1000
Denver,CO 80215-5865
COLORADO (303)239-4442
FAX(303)239-4491
DEPARTMENT
OF PUBLIC SAFETY
ALLOCATION LETTER#DCC-06-11
FY 2005-06
May 20, 2005
Ms. Jan Zuber
Weld County Community Corrections Board
P.O. Box 758
Greeley, Colorado 80632
Dear Ms.Zuber:
Pursuant to paragraph I.2.A. of the contract between the Department of Public Safety, Division
of Criminal Justice(DCJ)and the Board of County Commissioners of Weld County, on behalf
of the Community Corrections Board,DCJ hereby notifies you of the following funding
allocations for Fiscal Year 2005-06.
1) Payment pursuant to Contract#05-19-010 for the period July 1, 2005 through June 30,
2006, will be made as earned, in whole or in part, from available State funds
encumbered in an amount not to exceed:
$1,072,140' for residential diversion direct sentence and diversion condition of
probation placements at a daily rate of$35.39 per offender,
BM
GOVER OR $ 117,384 for diversion non-residential placements at no more than $248 per
Joe Morales month per offender,not to exceed an average of$4.80 per day per
EXECUTIVE DIRECTOR offender,
Colorado State
Patrol
$ 581,281 for residential transition placements at a daily rate of$3539 per
Colorado Bureau
of Investigation offender,
Division of
Criminal Justice $ 51,669 for residential parole placements at a daily rate of$35.39 per offender,
Office of Preparedness.
Security,and Fire Safety
$ 387,520 for residential transition IRT placements at a daily rate of$35.39 per
offender,
$ 88,400 for Community Corrections Boards Administration, and
per diem supplements to provide specialized services, with prior
approval by the State, for offenders with special needs.
DCJ
(s.
Home Page:hdp://dcj.state.co.us
E-Mail:raymond.slaughter@cdps.state.co.us pt f`y-/5( .3)
•
Weld County Community Corrections Board
May 20, 2005
Page 2
2) 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) Funds allocated in this Allocation Letter are for services rendered during the current
contract period and cannot be used to pay for community corrections services provided in prior or
future fiscal years.
4) Any unexpended funds allocated or advanced to the Contractor by the Allocation Letter shall be
reverted to the State no later than September 30,2006.
This amendment to the contract is intended to be effective July 1,2005, but in no event shall this
amendment be deemed valid until it shall have been approved by the State Controller or his designee.
APPROVALS:
State of Colorado:
Bill Owens, Governor
By:61..A,,a21 (S(/ .at/ Date: l0 Q
For the Executive Director
Colorado Department of Public Safety
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 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 goods and/or services provided.
State Controller,Leslie M. Shenefelt
By: 9e 41 H
Date: b / 1 S /C r
DATE: May 31, 2005 State Fiscal Year: 05
TO: Board of County Commissioners of Weld County
SUBJECT: Funding Letter No. 1
In accordance with Paragraph 2.A.3. of Contract # 05-19-010 between the State of Colorado,
Department of Public Safety,Division of Criminal Justice (DCJ), and the Board of County
Commissioners of Weld County, covering the period of July 1, 2004 through June 30, 2005, the
undersigned commits the following funds to the contract:
The maximum amount of funds available and specified in Paragraph 1 of Allocation Letter#
DCC-05-11 to Contract # 05-19-010 is decreased by$56,994.50 to a new total funds available
of$56,994.50 for residential parole services under the contract.
The effected lines of paragraph 1 of Allocation Letter#DCC-05-11 to Contract# 05-19-010
shall now read:
"5 56,994.50 for residential parole placements at a daily rate of$34.70 per offender"
The funding letter is effective upon approval by the State Controller or such assistant as he may
designate.
APPROVALS:
State of Colorado:
Bill Owens, Governor
By: CJJUAQXJ
4
/ —r
For the Executive Director
Colorado Department of Public Safety
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 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 goods and/or services provided.
State Controller, Leslie M. Shenefelt
By: tt
Date: (.0 ( I /G 5
Hello