HomeMy WebLinkAbout20043424.tiff RESOLUTION
RE: APPROVE THREE CONTRACTS FOR COMMUNITY CORRECTIONS PROGRAM
WITH VARIOUS PROVIDERS 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 three Contracts for Community Corrections
Program with Various Providers 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 following providers, commencing July 1, 2004, and ending June 30,
2005, with further terms and conditions being as stated in said contracts, and
1. Southern Correctional Systems, Inc.
2. COMCOR, Inc.
3. Correctional Management, Inc.
WHEREAS, after review, the Board deems it advisable to approve said contracts, copies
of which are attached hereto and incorporated herein by reference.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the three Contracts for Community Corrections Program with Various
Providers 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 above listed providers be, and hereby are, 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 6th day of December, A.D., 2004, nunc pro tunc July 1, 2004.
BOARD OF COUNTY COMMISSIONERS
MAhr W D COUNTY, COLORADO
1861 ( "-_ . . Robert D. Masden, Chair
irk.• rk to the Board
l /
((pp William H. Jerke, Pro-Tem
--
j.
Duty Clerk to the Board EXCUSED
M. cyile
RO DASTO «`� "
David . Long/C\-1
ong
ounty Atto
D Glenn Va`adl�—�1
2004-3424
DA 0002
(,1 ; 0an /„..7_ -e
NINETEENTH JUDICIAL DISTRICT
WELD COUNTY COMMUNITY CORRECTIONS BOARD
MEMO
DATE: December 2, 2004
TO: Board of Weld County Commissioners
FROM: Jan-Alison Zuber, Administrative Coordinator
SUBJECT: Vendor Sub-contracts
Attached are contracts from three vendors, doing business with the Weld
County Community Corrections Board.
Southern Correctional Systems, Inc. -There are two original copies each of
three sub-contracts:
1. Services for offenders referred by the Department of Corrections,
the State Judicial Branch and the State Board of Parole.
2. Services for Inmate Intensive Supervision.
3. Services for non-residential Intensive Supervision.
COMCOR, Inc.- There are two original copies of a sub-contract for services for
Diversion clients approved for placement to a jurisdiction other that the 19th
(Weld County).
Correctional Management, Inc. - There are two original copies of a sub-
contract for services for Diversion clients approved for placement to a
jurisdiction other that the 19th (Weld County).
I respectfully request approval of board signature on all original contracts at the
Monday, December 6, 2004 meeting. After signature, please return one signed
original of each contract to me. I will forward them to the vendors.
Thank you for your consideration.
WELD COUNTY COMMUNITY CORRECTIONS BOARD
CONTRACT WITH
SOUTHERN CORRECTIONS SYSTEMS, INC.
THIS CONTRACT,Made this 1st day of JULY,2004 by and between the Board of Commissioners of Weld County,on
behalf of Weld County Community Corrections Board,P.O.Box 758,Greeley,CO 80632,hereinafter referred to as"the Board,"
and Southern Corrections Systems, Inc., 1750 6th Avenue, Greeley, CO 80631, hereinafter referred to as"the Contractor."
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 Board has entered into a contract with the Colorado Department of Public Safety, Division of Criminal Justice,to
provide community corrections services pursuant to Title 17,Article 27,and Section 18-1.3-301,C.R.S.,as amended,
and desires to subcontract with Southern Corrections Systems, Inc.,for the provision of such services.
NOW THEREFORE,subject to the terms,conditions,provisions and limitations contained in this contract,the Board and
the Contractor agree as follows:
STATEMENT OF WORK
1. Responsibilities of the Contractor:
A. Approval. The Contractor shall be approved by the local community corrections board in their
jurisdiction and operate pursuant to Title 17,Article 27,and Section 18-1.3-301,C.R.S.,as amended.
B. Description of Services. The Contractor shall provide such services as specifically set forth in the
annual proposal submitted to the Board 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
19-2-703 or 19-2-801(2)(a). A copy of such annual proposal submitted by the Contractor shall be
marked as Contractor's Exhibit"A".
C. Standards. The Contractor shall meet, maintain, and comply with all applicable guidelines or
standards as provided in Title 17,Article 27,and Section 18-1.3-301,as amended,and the"Colorado
Community Corrections Standards", as revised or amended. Non-compliance with standards may
result in reduction of compensation rates as specified in Paragraph 2.A.2.herein;cessation of offender
placements in the program; implementation of a competitive bid process to consider alternative
program providers; or cancellation of the contract.
D. State and Local Regulations. The Contractor shall comply with all state and local health,safety,fire,
building and zoning requirements.
E. Victim Rights Act. The Contractor shall 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.
F. Immigration Reform Control Act. The Contractor shall comply with all federal and state laws,including
the Immigration Reform Control Act in all hiring practices.
2004-3424
G. Americans with Disabilities Act. The Contractor shall 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 with this Act.
H. Client Files. The Contractor shall maintain individual files for each offender participating in the
Contractor's 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.
Reports. The Contractor shall provide timely,prompt,and accurate reports as are or may be required
by the State,DOC,SJB,or the Board during the period of the contract,which include but are not limited
to statistical reports, caseload data, Community Corrections Client Termination 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.
J. Fugitive Reporting System. Pursuant to Section 17-27-104, C.R.S.,the Contractor shall report any
probable escape of any Diversion offender,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.
K. Supervision of Offenders. The Contractor shall provide 23-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".
L. Method of Billing. The Contractor shall bill the State for services provided on such forms and in such
manner as the State may require. In order for the billing to be accepted by the Board,the signature of
the appropriate probation/parole officer or board representative,confirming the accuracy of the billing is
required.
M. Additional Services. The Contractor shall obtain prior written approval from the State and the Board
before providing any additional billable services or evaluations not provided for by the terms and
conditions of this contract. If services are billed by the Contractor that exceed the maximum total
payments as described in Paragraph 2.A.2. herein, neither the State nor the Board is liable for
reimbursement. Should additional funding become available, the State or Board may, at their own
option, choose to reimburse beyond the amount specified in Paragraph 2.A.2. herein.
N. Reimbursement by Client. The Contractor shall charge each offender participating in a community
corrections program the reasonable costs of the services not covered by State payments. 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 local community corrections board. The Contractor must
provide a description of such additional fees, including rates, services or products purchased, and
program policies and procedures related to collecting and record keeping to the State, the local
community corrections board,and the referring agency. Such additional charges must be described in
Exhibit A".
O. Absence Due to Arrest. The Contractor shall notify DOC/SJB immediately if they know an offender
has been arrested and/or is in the custody of a federal, state, or local authorities. The Board 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.
P. Unauthorized Absence. The Contractor shall notify DOC or SJB, through the appropriate
probation/parole officer, within two (2) hours after an offender becomes absent from the program
without authorization. The Contractor shalt 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 Contractor that
it does desire to have the position kept available. The Board shall compensate the Contractor at full
rate the day the offender escapes.
Q. Insurance.
1. The Contractor shall 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 other written
evidence that coverage extends two (2) 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 and Weld County,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 contractor shall provide certificate showing adequate insurance coverage to the Board
and the State with the return of Exhibit"A", unless otherwise provided.
5. If the contractor is a"public entity"within the meaning of the Colorado Govemmental Immunity
Act,C.R.S.24-10-101 et seq.,as amended("Act"),the Contractor shall at all times during the
term of this contract maintain such liability insurance,by commercial policy or self-insurance,
as necessary to meet its liabilities under the Act. Upon request by the State or the Board,the
contractor shall show proof of such insurance.
R. Access to Medical Services. Policy and procedures of the Contractor 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 immediately notify the referring agency
(DOC or SJB). The Board 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 Contractor
otherwise.
S. Review and Inspection. The Contractor 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.
T. Record Retention. The Contractor 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 or the Board to have full access to and a right to examine and copy
any of the above materials during such period.
U. Information Provided. The Contractor shall provide information upon request of the appropriate
DOC/SJB officers regarding the activities and adjustment of offenders assigned to their program. The
Contractor shall collect,maintain and make available to DOC/SJB or the Board 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.
V. Financial Audit. The Contractor shall provide to the State an independent fiscal audit report which
addresses 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.
W. Notification of Ownership Changes.
1. The Contractor shall notify the Board and 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 notify the Board and 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:
a) Maintain current,accurate and complete inventory records of assets and their costs:
b) Provide the Board or 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 Contractor'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.
2. Responsibilities of the State:
A. Payment of Services.
1) The Board shall compensate the Contractor in accordance with the schedule
in Paragraph 2.A.2. herein subject to compliance with the provisions of the
contract.
2) During the period of the contract, upon receipt of proper billing from the
Contractor as provided in paragraph 1.L. herein, payment shall be made in
an amount of:
A daily rate of$34.70 per offender,for residential diversion direct sentence
placements.
A monthly rate of no more than $247.00 per offender, for diversion
non-residential placements, not to exceed an average of$4.71 per day per offender,
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 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.
5) Reimbursement may be allowed for any additional programmatic funding
approved by the Legislature.
B. Payment for Travel. The Board shall reimburse the Contractor at the rate allowed by State Fiscal
Rules, when such travel is requested by the Department of Corrections (DOC) or approved by the
State for the purpose of transporting offenders. The Contractor agrees that any and all travel to DOC
correctional facilities shall be coordinated by DOC prior to the Contractor being reimbursed. The
Contractor shall provide the Board with travel reports setting forth the date of travel, mileage,
destination and offenders transported.
C. Payments for Leaves of Absence. The Board 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.
D. Noncompliance. The Board agrees to allow the Contractor thirty (30) days within which they may
correct or justify identified issues,following a notice of noncompliance, 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.
E. Limitation of Payments and Liabilities. Not assume liability for any deficiency that the Contractor may
incur in the operation of its program nor for any debts or expenditures incurred by the Contractor for
ensuing fiscal years when funds for that purpose have not been appropriated or budgeted.
II. GENERAL PROVISIONS:
1. Performance Period. The contract shall be effective on July 1, 2004, and extend through June 30, 2005,
contingent upon availability or funds.
2. Assignment. The rights and duties arising under this contract shall not be assigned or delegated without the
prior written consent of the Board.
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 Board and
the Contractor. Nothing contained in this contract shall give or allow any claim or right of action whatsoever by
any other or third person;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 provision 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 department,
institutions,agencies,boards,officials and employees is controlled and limited by the provisions of Section 24-
10-1-101,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 agreement 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 for 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.
7. 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.
8. Non-Discrimination. The Contractor agrees to comply with the letter and spirit of all applicable state and federal
laws respecting discrimination and unfair employment practices.
9. Software Piracy Prohibition. No State or other public funds payable under this contract shall be used for the
acquisition, operation, or maintenance of computer software in violation of United States copyright laws or
applicable licensing restrictions. The Contractor hereby certifies that, for the term of this contract and any
extensions, the Contractor has in place appropriate systems and controls to prevent such improper use of
public funds.
10. Electronic Monitoring. Contractor shall arrange for appropriate electronic monitoring of approved offenders by
an independent contractor. Invoices for such electronic monitoring shall be submitted by such independent
contractor to the Board and the Board agrees to pay the same within 30 days of receipt.
THE PARTIES HEREUNTO HAVE EXECUTED THIS CONTRACT
CONTRACTOR: BOARD:
Southern Corrections Systems, Inc. Board of County Commissioners
Weld ounty, Colorado
By: •,� &g-k ' By: . EC 0 6 2004
J:mes affle, Pre d n Robert D. Masden,Chair
'23 -l 3 s7,, u l Revue (pp ed:
Federal I.D.#
By: ✓fY—
Thomas Quammen, hair
Weld County Community Corrections Board
SUBSCRIBED AND SWORN to before me this la day of v 2004.
WITNESS my hand and official seal.
) Notary Public C)/OC
My commission expires:d,) /'44-O
;loo s/-3X-27
WELD COUNTY COMMUNITY CORRECTIONS BOARD
CONTRACT WITH
COMCOR, INC.
THIS CONTRACT,Made this 1st day of JULY,2004,by and between the Board of Commissioners of Weld County,on
behalf of Weld County Community Corrections Board,P.O.Box 758,Greeley,CO 80632, hereinafter referred to as"the Board,"
and COMCOR, Inc., 3615 Roberts Road, Colorado Springs, CO, 80907, hereinafter referred to as"the Contractor?
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 Board has entered into a contract with the Colorado Department of Public Safety, Division of Criminal Justice,to
provide community corrections services pursuant to Title 17,Article 27,and Section 18-1.3-301,C.R.S.,as amended,
and desires to subcontract with COMCOR, Inc., for the provision of such services.
NOW THEREFORE,subject to the terms,conditions,provisions and limitations contained in this contract,the Board and
the Contractor agree as follows:
STATEMENT OF WORK
1. Responsibilities of the Contractor:
A. Approval. The Contractor shall be approved by the local community corrections board in their
jurisdiction and operate pursuant to Title 17,Article 27,and Section 18-1.3-301,C.R.S.,as amended.
B. Description of Services. The Contractor shall provide such services as specifically set forth in the
annual proposal submitted to the Board 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
19-2-703 or 19-2-801(2)(a). A copy of such annual proposal submitted by the Contractor shall be
marked as Contractor's Exhibit"A".
C. Standards. The Contractor shall meet, maintain, and comply with all applicable guidelines or
standards as provided in Title 17,Article 27,and Section 18-1.3-301,as amended,and the"Colorado
Community Corrections Standards", as revised or amended. Non-compliance with standards may
result in reduction of compensation rates as specified in Paragraph 2.A.2.herein;me-cation of offender
placements in the program; implementation of a competitive bid process to consider alternative
program providers; or cancellation of the contract.
D. State and Local Regulations. The Contractor shall comply with all state and local health,safety,fire,
building and zoning requirements.
E. Victim Rights Act. The Contractor shall 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.
F. Immigration Reform Control Act. The Contractor shall comply with all federal and state laws,including
the Immigration Reform Control Act in all hiring practices.
door -34/027
G. Americans with Disabilities Act. The Contractor shall 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 with this Act.
H. Client Files. The Contractor shall maintain individual files for each offender participating in the
Contractor's 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.
Reports. The Contractor shall provide timely,prompt,and accurate reports as are or may be required
by the State,DOC,SJB,or the Board during the period of the contract,which include but are not limited
to statistical reports, caseload data, Community Corrections Client Termination 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.
J. Fugitive Reporting System. Pursuant to Section 17-27-104, C.R.S.,the Contractor shall report any
probable escape of any Diversion offender,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.
K. Supervision of Offenders. The Contractor shall provide 23-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".
L. Method of Billing. The Contractor shall bill the State for services provided on such forms and in such
manner as the State may require. In order for the billing to be accepted by the Board,the signature of
the appropriate probation/parole officer or board representative,confirming the accuracy of the billing is
required.
M. Additional Services. The Contractor shall obtain prior written approval from the State and the Board
before providing any additional billable services or evaluations not provided for by the terms and
conditions of this contract. If services are billed by the Contractor that exceed the maximum total
payments as described in Paragraph 2.A.2. herein, neither the State nor the Board is liable for
reimbursement. Should additional funding become available, the State or Board may, at their own
option,choose to reimburse beyond the amount specified in Paragraph 2.A.2. herein.
N. Reimbursement by Client. The Contractor shall charge each offender participating in a community
corrections program the reasonable costs of the services not covered by State payments. 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 local community corrections board. The Contractor must
provide a description of such additional fees, including rates, services or products purchased, and
program policies and procedures related to collecting and record keeping to the State, the local
community corrections board,and the referring agency. Such additional charges must be described in
Exhibit A".
O. Absence Due to Arrest. The Contractor shall notify DOC/SJB immediately if they know an offender
has been arrested and/or is in the custody of a federal, state, or local authorities. The Board 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.
P. Unauthorized Absence. The Contractor shall notify DOC or SJB, through the appropriate
probation/parole officer, within two (2) hours after an offender becomes absent from the program
without authorization. The Contractor 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 Contractor that
it does desire to have the position kept available. The Board shall compensate the Contractor at full
rate the day the offender escapes.
Q. Insurance.
1. The Contractor shall 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 other written
evidence that coverage extends two (2) 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 and Weld County,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 contractor shall provide certificate showing adequate insurance coverage to the Board
and the State with the return of Exhibit"A", unless otherwise provided.
5. If the contractor is a"public entity"within the meaning of the Colorado Govemmental Immunity
Act,C.R.S.24-10-101 et seq.,as amended("Act"),the Contractor shall at all times during the
term of this contract maintain such liability insurance,by commercial policy or self-insurance,
as necessary to meet its liabilities under the Act. Upon request by the State or the Board,the
contractor shall show proof of such insurance.
R. Access to Medical Services. Policy and procedures of the Contractor 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 immediately notify the referring agency
(DOC or SJB). The Board 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 Contractor
otherwise.
S. Review and Inspection. The Contractor 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.
T. Record Retention. The Contractor 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 or the Board to have full access to and a right to examine and copy
any of the above materials during such period.
U. Information Provided. The Contractor shall provide information upon request of the appropriate
DOC/SJB officers regarding the activities and adjustment of offenders assigned to their program. The
Contractor shall collect,maintain and make available to DOC/SJB or the Board 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.
V. Financial Audit. The Contractor shall provide to the State an independent fiscal audit report which
addresses 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.
W. Notification of Ownership Changes.
1. The Contractor shall notify the Board and 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 notify the Board and 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:
a) Maintain current,accurate and complete inventory records of assets and their costs:
b) Provide the Board or 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 Contractor'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.
2. Responsibilities of the State:
A. Payment of Services.
1) The Board shall compensate the Contractor in accordance with the schedule
in Paragraph 2.A.2. herein subject to compliance with the provisions of the
contract.
2) During the period of the contract, upon receipt of proper billing from the
Contractor as provided in paragraph 1.L. herein, payment shall be made in
an amount of:
A daily rate of$34.70 per offender,for residential diversion direct sentence
placements.
A monthly rate of no more than $247.00 per offender, for diversion
non-residential placements, not to exceed an average of$4.71 per day per offender,
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 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.
5) Reimbursement may be allowed for any additional programmatic funding
approved by the Legislature.
B. Payment for Travel. The Board shall reimburse the Contractor at the rate allowed by State Fiscal
Rules, when such travel is requested by the Department of Corrections (DOC) or approved by the
State for the purpose of transporting offenders. The Contractor agrees that any and all travel to DOC
correctional facilities shall be coordinated by DOC prior to the Contractor being reimbursed. The
Contractor shall provide the Board with travel reports setting forth the date of travel, mileage,
destination and offenders transported.
C. Payments for Leaves of Absence. The Board 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.
D. Noncompliance. The Board agrees to allow the Contractor thirty (30) days within which they may
correct or justify identified issues,following a notice of noncompliance,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.
E. Limitation of Payments and Liabilities. Not assume liability for any deficiency that the Contractor may
incur in the operation of its program nor for any debts or expenditures incurred by the Contractor for
ensuing fiscal years when funds for that purpose have not been appropriated or budgeted.
II. GENERAL PROVISIONS:
1. Performance Period. The contract shall be effective on July 1, 2004, and extend through June 30, 2005,
contingent upon availability or funds.
2. Assignment. The rights and duties arising under this contract shall not be assigned or delegated without the
prior written consent of the Board.
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 Board and
the Contractor. Nothing contained in this contract shall give or allow any claim or right of action whatsoever by
any other or third person;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 provision of the Colorado Governmental ImmunityAct,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 department,
institutions,agencies,boards,officials and employees is controlled and limited by the provisions of Section 24-
10-1-101,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 agreement 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 for 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.
7. 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.
8. Non-Discrimination. The Contractor agrees to comply with the letter and spirit of all applicable state and
federal laws respecting discrimination and unfair employment practices.
9. Software Piracy Prohibition. No State or other public funds payable under this contract shall be used for
the acquisition, operation, or maintenance of computer software in violation of United States copyright
laws or applicable licensing restrictions. The Contractor hereby certifies that,for the term of this contract
and any extensions, the Contractor has in place appropriate systems and controls to prevent such
improper use of public funds.
THE PARTIES HEREUNTO HAVE EXECUTED THIS CONTRACT
CONTRACTOR: BOARD:
COMCOR, Inc. Board of County Commissioners
Weld ounty,Colorado
i gb40By. By:
teven . Gilmore Robert D.Masden, Chair
DEC 0 6 2004
Executive Director
Title
Federal I.D.#: 84-0928251
SUBSCRIBED AND SWORN to before me this .3 day of November,2004.
WITNESS my hand and official seal.
Notary Public C'
My commission expires: ...1/4/Qg-
7
Joey 35/0y
WELD COUNTY COMMUNITY CORRECTIONS BOARD
CONTRACT WITH
CORRECTIONAL MANAGEMENT, INC.
THIS CONTRACT,Made this 1st day of JULY,2004,by and between the Board of Commissioners of Weld County,on
behalf of Weld County Community Corrections Board,P.O.Box 758,Greeley,CO 80632,hereinafter referred to as"the Board,"
and Correctional Management, Inc., 4999 E. Pearl Circle, Suite 201, Boulder, CO 80302, hereinafter referred to as "the
Contractor."
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 Board has entered into a contract with the Colorado Department of Public Safety, Division of Criminal Justice,to
provide community corrections services pursuant to Title 17,Article 27,and Section 18-1.3-301,C.R.S.,as amended,
and desires to subcontract with Correctional Management, Inc.,for the provision of such services.
NOW THEREFORE,subject to the terms,conditions,provisions and limitations contained in this contract,the Board and
the Contractor agree as follows:
STATEMENT OF WORK
1. Responsibilities of the Contractor:
A. Approval. The Contractor shall be approved by the local community corrections board in their
jurisdiction and operate pursuant to Title 17,Article 27,and Section 18-1.3-301,C.R.S.,as amended.
B. Description of Services. The Contractor shall provide such services as specifically set forth in the
annual proposal submitted to the Board 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
19-2-703 or 19-2-801(2)(a). A copy of such annual proposal submitted by the Contractor shall be
marked as Contractor's Exhibit"A".
C. Standards. The Contractor shall meet, maintain, and comply with all applicable guidelines or
standards as provided in Title 17,Article 27,and Section 18-1.3-301,as amended,and the"Colorado
Community Corrections Standards", as revised or amended. Non-compliance with standards may
result in reduction of compensation rates as specified in Paragraph 2.A.2.herein;cessation of offender
placements in the program; implementation of a competitive bid process to consider alternative
program providers; or cancellation of the contract.
D. State and Local Regulations. The Contractor shall comply with all state and local health,safety,fire,
building and zoning requirements.
E. Victim Rights Act. The Contractor shall 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.
F. Immigration Reform Control Act. The Contractor shall comply with all federal and state laws,including
the Immigration Reform Control Act in all hiring practices.
moos/-3i„?y
G. Americans with Disabilities Act. The Contractor shall 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 with this Act.
H. Client Files. The Contractor shall maintain individual files for each offender participating in the
Contractor's 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.
Reports. The Contractor shall provide timely,prompt,and accurate reports as are or may be required
by the State,DOC,SJB,or the Board during the period of the contract,which include but are not limited
to statistical reports, caseload data, Community Corrections Client Termination 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.
J. Fugitive Reporting System. Pursuant to Section 17-27-104, C.R.S.,the Contractor shall report any
probable escape of any Diversion offender,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.
K. Supervision of Offenders. The Contractor shall provide 23-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".
L. Method of Billing. The Contractor shall bill the State for services provided on such forms and in such
manner as the State may require. In order for the billing to be accepted by the Board,the signature of
the appropriate probation/parole officer or board representative,confirming the accuracy of the billing is
required.
M. Additional Services. The Contractor shall obtain prior written approval from the State and the Board
before providing any additional billable services or evaluations not provided for by the terms and
conditions of this contract. If services are billed by the Contractor that exceed the maximum total
payments as described in Paragraph 2.A.2. herein, neither the State nor the Board is liable for
reimbursement. Should additional funding become available, the State or Board may, at their own
option, choose to reimburse beyond the amount specified in Paragraph 2.A.2. herein.
N. Reimbursement by Client. The Contractor shall charge each offender participating in a community
corrections program the reasonable costs of the services not covered by State payments. 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 local community corrections board. The Contractor must
provide a description of such additional fees, including rates, services or products purchased, and
program policies and procedures related to collecting and record keeping to the State, the local
community corrections board,and the referring agency. Such additional charges must be described in
Exhibit A".
O. Absence Due to Arrest. The Contractor shall notify DOC/SJB immediately if they know an offender
has been arrested and/or is in the custody of a federal, state, or local authorities. The Board 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.
P. Unauthorized Absence. The Contractor shall notify DOC or SJB, through the appropriate
probation/parole officer, within two (2) hours after an offender becomes absent from the program
without authorization. The Contractor 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 Contractor that
it does desire to have the position kept available. The Board shall compensate the Contractor at full
rate the day the offender escapes.
Q. Insurance.
1. The Contractor shall 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 other written
evidence that coverage extends two (2) 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 and Weld County,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 contractor shall provide certificate showing adequate insurance coverage to the Board
and the State with the return of Exhibit"A", unless otherwise provided.
5. If the contractor is a"public entity"within the meaning of the Colorado Governmental Immunity
Act,C.R.S.24-10-101 et seq.,as amended("Act"),the Contractor shall at all times during the
term of this contract maintain such liability insurance,by commercial policy or self-insurance,
as necessary to meet its liabilities under the Act. Upon request by the State or the Board,the
contractor shall show proof of such insurance.
R. Access to Medical Services. Policy and procedures of the Contractor shalt 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 immediately notify the referring agency
(DOC or SJB). The Board 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 Contractor
otherwise.
S. Review and Inspection. The Contractor 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.
T. Record Retention. The Contractor 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 or the Board to have full access to and a right to examine and copy
any of the above materials during such period.
U. Information Provided. The Contractor shall provide information upon request of the appropriate
DOC/SJB officers regarding the activities and adjustment of offenders assigned to their program. The
Contractor shall collect,maintain and make available to DOC/SJB or the Board 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.
V. Financial Audit. The Contractor shall provide to the State an independent fiscal audit report which
addresses 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.
W. Notification of Ownership Changes.
1. The Contractor shall notify the Board and 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 notify the Board and 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:
a) Maintain current,accurate and complete inventory records of assets and their costs:
b) Provide the Board or 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 Contractor'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.
2. Responsibilities of the State:
A. Payment of Services.
1) The Board shall compensate the Contractor in accordance with the schedule
in Paragraph 2.A.2. herein subject to compliance with the provisions of the
contract.
2) During the period of the contract, upon receipt of proper billing from the
Contractor as provided in paragraph 1.L. herein, payment shall be made in
an amount of:
A daily rate of$34.70 per offender,for residential diversion direct sentence
placements.
A monthly rate of no more than $247.00 per offender, for diversion
non-residential placements,not to exceed an average of$4.71 per day per offender,
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 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.
5) Reimbursement may be allowed for any additional programmatic funding
approved by the Legislature.
B. Payment for Travel. The Board shall reimburse the Contractor at the rate allowed by State Fiscal
Rules, when such travel is requested by the Department of Corrections (DOC) or approved by the
State for the purpose of transporting offenders. The Contractor agrees that any and all travel to DOC
correctional facilities shall be coordinated by DOC prior to the Contractor being reimbursed. The
Contractor shall provide the Board with travel reports setting forth the date of travel, mileage,
destination and offenders transported.
C. Payments for Leaves of Absence. The Board 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.
D. Noncompliance. The Board agrees to allow the Contractor thirty (30) days within which they may
correct or justify identified issues,following a notice of noncompliance,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.
E. Limitation of Payments and Liabilities. Not assume liability for any deficiency that the Contractor may
incur in the operation of its program nor for any debts or expenditures incurred by the Contractor for
ensuing fiscal years when funds for that purpose have not been appropriated or budgeted.
II. GENERAL PROVISIONS:
1. Performance Period. The contract shall be effective on July 1, 2004, and extend through June 30, 2005,
contingent upon availability or funds.
2. Assignment. The rights and duties arising under this contract shall not be assigned or delegated without the
prior written consent of the Board.
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 Board and
the Contractor. Nothing contained in this contract shall give or allow any claim or right of action whatsoever by
any other or third person;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 provision 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 department,
institutions,agencies,boards,officials and employees is controlled and limited by the provisions of Section 24-
10-1-101,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 agreement 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 for 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.
7. 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.
8. Non-Discrimination. The Contractor agrees to comply with the letter and spirit of all applicable state and
federal laws respecting discrimination and unfair employment practices.
9. Software Piracy Prohibition. No State or other public funds payable under this contract shall be used for
the acquisition, operation, or maintenance of computer software in violation of United States copyright
laws or applicable licensing restrictions. The Contractor hereby certifies that,for the term of this contract
and any extensions, the Contractor has in place appropriate systems and controls to prevent such
improper use of public funds.
THE PARTIES HEREUNTO HAVE EXECUTED THIS CONTRACT
CONTRACTOR: BOARD:
Correctional Management, Inc. Board of County Commissioners
Weld ounty, Colorado
B : By:
artri,r t-✓0 d Robert D. M den, Char" DEC 0 6 2004
Title
gv 69 .737;
Federal I.D.#
4
SUBSCRIBED AND SWORN to before me this —day of November,2004.
WITNESS my hand and official seal.
. tit
Notary Public
My commission a pires
q�is/o G
7
Hello