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HomeMy WebLinkAbout20031533 RESOLUTION RE: APPROVE INTERGOVERNMENTAL CONTRACT FOR NONRESIDENTIAL INMATE INTENSIVE SUPERVISION PROGRAM SERVICES 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 an Intergovernmental Contract for nonresidential Inmate Intensive Supervision Program Services between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the 19th Judicial District Weld County Community Corrections Board, and the Colorado Department of Corrections, commencing July 1, 2003, and ending June 30, 2008, 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 Intergovernmental Contract for nonresidential Inmate Intensive Supervision Program Services between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the 19th Judicial District Weld County Community Corrections Board,and the Colorado Department of Corrections 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 16th day of June, A.D., 2003. BOARD OF COUNTY COM ISSIONERS �, WE�OUNTY,�LORA O ATTEST: g � r / . .'4 � WnIIYYII 4 vid E. Lon , Chair Lc a Weld County Clerk to the 48th dxL„C � c./ Ct '!rCr v4 Robert D. den, Pro-Tem BY. - t Deputy Clerk to the Board _ mac%✓ M. J. eile // APPRO AS TO ` rL/ ,---- --i0; Will. Jer my Attorney tra___ G/. Glenn Vaa Date of signature: 2003-1533 DA0002 04CAA00008 INTERGOVERNMENTAL CONTRACT This Contract, made July 1, 2003 by and between the State of Colorado for the use and benefit of the Colorado Department of Corrections, 2862 South Circle Drive, Suite 400, Colorado Springs, Colorado 80906-4122, hereinafter referred to as the State or DOC, and the Board of Commissioners of Weld County acting on behalf of the Weld County Community Corrections Board, P.O. Box 758, Greeley, CO 80632, hereinafter referred to as the Contractor or the County. RECITALS: Authority exists in the Law and Funds have been budgeted, appropriated by the Colorado General Assembly, and otherwise made available and a sufficient uncommitted balance hereof remains available for encumbering and subsequent payment of this Contract, and Required approval, clearance and coordination have been accomplished from and with appropriate agencies; and Contracts between the State and its political subdivisions are exempt from the procurement process, pursuant to C.R.S. 24-101-105(1); and Weld County has been deemed capable of providing the services herein described; and The STATE is authorized by C.R.S. 17-27.5-101(1) (C), to administer and execute Contracts with units of local government, corrections boards, or non-governmental agencies for the provision of community corrections intensive supervision services and programs. NOW THEREFORE, the parties hereby agree: Term of Contract and Effective Dates. The period of this Contract shall be from July 1, 2003 (or upon the date of the State Controller's approval, whichever is later), through June 30, 2008. 1. THE STATE SHALL: A. Payment for Services: 1) During the period of the Contract, upon receipt of proper billing from the Contractor as provided in paragraph 2.C. herein, payment shall be made for services as follows: • $235.00 per month for nonresidential Intensive Supervision Program(ISP) transition Baseline Services as specified in Exhibit A and incorporated herein by reference. $100.00 in addition to base or full service, per month,per inmate for non residential ISP transition Remediation Services as specified in Exhibit A, $125.00 in addition to base or full service, per month,per inmate for non residential ISP transition Specialized Services, as specified in Exhibit A. 2) Payment pursuant to this Contract shall be made as earned, in whole or in part, from available State funds encumbered in an amount not to exceed $100,000 for each fiscal year of this Contract. 3) The Contractor shall not be paid for the first day of an offender's participation in a program, but shall be compensated for the last day of an offender's participation. The day an offender transfers from residential to nonresidential status, the Contractor shall be paid the residential daily rate, but shall not be compensated for non-residential expenses. The day an offender transfers from nonresidential to Residential status, the Contractor shall be paid for nonresidential expenses, but shall not be compensated for the residential daily rate. 4) Funds allocated in this Contract are for services rendered during the current Contract period and cannot be used to pay for ISP parole services provided in prior or future fiscal years. 5) The community corrections board, or the unit of local government that established the board, may use up to two percent (2%) of the total ISP nonresidential allocation for administrative purposes. The board or unit of local government will administer Contracts with approved service providers and administer payments to subcontractors for two percent(2%) of the funds. Boards shall keep financial records documenting the receipt and expenditures for all administrative funds. Such records shall be maintained for a period of five (5) years following the Contract period. B. Option Letter: The State may unilaterally increase/decrease the maximum amount payable under this Contract based upon the unit prices established in the Contract and the schedule of services required, as set by the State. The State may exercise the option by providing a fully executed option to the Contractor, in a form substantially equivalent to Exhibit B, immediately upon signature of the State Controller or his delegate. Performance of the service shall continue at the same rate and under the same terms as established in the Contract. The State may increase the quantity of services described in paragraph 1.A.1) at the unit prices established in the Contract. The State man exercise to option by written notice to the Contractor within 30 days before the option begins in a form substantially equivalent 2 to Exhibit B. Delivery/performance of the goods/service shall continue at the same rate and under the same terms as established in the Contract. C. Payment for Travel: The State will reimburse the Contractor at the rate allowed by State Fiscal Rules, when such travel is requested by the Department of Corrections (DOC) or approved by the State for the purpose of transporting offenders. The Contractor agrees that any and all travel to DOC correctional facilities shall be coordinated by DOC prior to the Contractor being reimbursed. The Contractor shall provide the State with travel reports setting forth the date of travel, mileage, destination, and offenders transported. D. Noncompliance: The State will withhold funds when the State determines that the programs or facilities of the Contractor are not in compliance with this Contract. Overpayments made by the State, in the event of noncompliance, shall be recoverable by the State from the Contractor through deductions from future payments or request for reimbursement of the amount of overpayment, or other set-off per Special Provision#7 herein. E. Limitation of Payments and Liabilities: The State will assume no liability for any deficiency that the Contractor may incur in the operation of its program nor for any debts or expenditures incurred by the Contractor for ensuing fiscal years when funds for that purpose have not been appropriated or budgeted. F. Federal Funds: If this Contract involves the expenditure of federal funds, this Contract is contingent upon continued availability of federal funds for payment pursuant to the terms of this Contract. Contractor also agrees to fulfill the requirements of Office of Management and Budget (OMB) Circulars A-87 and A-102 or A-110, whichever is applicable. The Contract may also be subject to the Single Audit Act of 1984 and to OMB Circular A-133, as applicable. 2. THE CONTRACTOR SHALL: A. Approval: Provide community corrections inmate intensive supervision services through programs approved by the local community corrections board in their jurisdiction and operate pursuant to Articles 27 and 27.5, Title 17, C.R.S., as amended and the "Colorado Community Corrections Standards", attached, marked as Exhibit C and incorporated herein by reference. Noncompliance with standards may result in reduction of compensation rates as specified in paragraph 1.A., cessation of offender placements in the program, implementation of a competitive bid process, coordinated with the local community corrections board, to consider alternate program providers, or cancellation of the Contract. B. Description of Services: Provide such monthly services as specified in Paragraph 1.A.1) for the provision of community corrections parole intensive supervision services and programs. C. Method of Billing: Bill the State for services provided on such forms and in such manner as the State may require. Billings shall be submitted on the Monthly 3 Expenditure Summary available at the Division of Community Corrections; a sample form is attached,marked as Exhibit D, and incorporated herein by reference. In order for the billing to be accepted by the State, the signatures of the appropriate Community Parole Officer confirming the accuracy of the billing and the Community Parole Supervisor approving the billing for payment is required. Summary billings shall be submitted to the Division of Adult Parole and Community Corrections Headquarters, 12157 W. Cedar Drive, Lakewood, CO 80228 within thirty(30) days following the end of each month, with all subcontractor billings attached. The Contractor shall report the total costs of its program to the State within five (5) days after the end of the State's fiscal year. The State may require the Contractor to provide an estimate of final year-end expenditures anytime within sixty (60) days prior to the end of the State's fiscal year. D. Client Files: Maintain individual files as required by DOC for each offender participating in the Contractor's program. While in the possession of the Contractor, the individual files shall be maintained in a secure area, in a locked file cabinet or safe. Such files and criminal history records shall be maintained and disseminated pursuant to Section 24-72-202-204, C.R.S., and Section 24-72-301-308, C.R.S.; and in compliance with Title 28 of the Code of Federal Regulations. E. Reports: Provide timely, prompt, and accurate reports as are or may be required by the State during the period of the Contract, which includes but is not limited to statistical reports, and referral and caseload data and other records documenting the types of services provided and the identity of the individual offenders receiving such services. F. Review and Inspection: Make both fiscal and program files available within three (3)working days for review and inspection by the State to assure that the Contractor is providing the services and financial records required by this Contract. G. Absence Due to Arrest: Notify DOC immediately if they know an inmate has been arrested, and/or is in the custody of federal, state, or local authorities. If the Contractor has requested and received prior written permission from DOC, the State shall compensate the Contractor at full rate for the day the offender is arrested, and at 50% of the regular per diem rate for up to seven (7) days for maintaining the availability of a position during the offender's absence. H. Additional Services: Obtain prior written approval from the State before providing any additional billable services or evaluations not provided for by the terms and conditions of this Contract. If services are provided by the Contractor which exceed the maximum total payment as described in Paragraph 1.A.2, the State is liable for reimbursement. Reimbursement by Client: Charge inmates in nonresidential placement an amount that averages $3 per day, based on SB03-258, effective July 1, 2003. Any charges to offenders in excess of this limit must be approved in advance by the State and the local community corrections board. The Contractor must provide a description of such additional fees, including rates, services or products purchased, and program 4 policies and procedures related to collecting and record keeping to the State, the local community corrections board, and the referring agency. J. Inspections: Allow DOC and/or other State agency employees to inspect, with or without notice, the facilities, records, and services provided by the Contractor to determine compliance with this Contract. K. Insurance: As a"public entity"within the meaning of the Colorado Governmental Immunity Act, C.R.S. §§ 24-10-101, et seq., as amended (the"Act"), Contractor shall at all times during the term of this Contract maintain such liability insurance, by commercial or self-insurance, as is necessary to meet its liabilities under the Act. Upon the request of the State, the Contractor shall show proof of such insurance. L. Record Retention: Retain all books,records, and other documents of any party pertaining to this Contract for five(5) years after final payment, and allow any person duly authorized in writing by the State to have full access to and a right to examine and copy any of the above materials during such period. M. Confidentiality of Records: Comply with all laws regarding confidentiality of offenders' records. Any request for information, including but not limited to offenders' records, shall be referred by the Contractor to DOC. N. Drug Tests: Perform periodic chemical tests as defined in the "Colorado Community Corrections Standards" at times that cannot be predicted by the offender to determine the use of drugs by inmates in the Contractor's nonresidential program. O. Fiscal Accounting of Clients: Maintain an accurate fiscal accounting of the earnings of all offenders assigned to their program or facility including, but not limited to: gross earning,net earning, federal, state and local taxes paid, amount of restitution agreed to and paid, savings account, subsistence charged and collected, and any other outstanding financial obligations. P. Information Provided: Provide information upon request to the appropriate DOC staff and the Division of Community Corrections agents regarding the activities and adjustment of offenders assigned to their program. Collect, maintain and make available to DOC staff and the Parole Community Officer ongoing data regarding employment, alcohol abuse, drug abuse,psychological problems and treatment, vocational or educational needs and services, re arrest or other criminal activity, and restitution. Q. Fiscal Audit: Provide a complete independent fiscal audit for the Contract period and deliver such audit to the State upon request. Such requirement may be waived, all or in part, by the State. R. Subcontracts: Contractor may subcontract for intensive supervision services with any private agency or unit of local government for the purpose of rendering services to inmates providing, however, that any subcontracts shall comply with the terms and provisions of this Contract and all applicable 5 sections of Articles 27 and 27.5, Title 17, C.R.S., as amended. Copies of any subcontracts shall be provided to the State by October 1, 2003, or within thirty (30)days following the addition or replacement of a new subcontractor. No payment shall be authorized unless the appropriate subcontract has been executed and the services specified in the approved subcontract have actually been provided. Any reference in this agreement to Contractor shall also apply to its subcontractors providing services pursuant to Articles 27 and 27.5, Title 17, C.R.S., as amended. 3. MUTUAL PROVISIONS: A. Assignment: The rights and duties arising under this Contract shall not be assigned or delegated without the prior written consent of the State. B. Termination: (1) Either party may terminate this Contract by giving the other party thirty (30) days prior written notice. No cause is required to exercise this right. (2) Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and conditions of this Contract and any exhibits and attachments hereto which may require continued performance or compliance beyond the termination date of the Contract shall survive such termination date and shall be enforceable by the State as provided herein in the event of such failure to perform or comply by the Contractor. C. Order of Precedence: This Contract consists of this document and the following exhibits. In the event there are any inconsistencies, ambiguities or omissions between this document and the following exhibits, this document shall govern over the provisions of the listed exhibits. 1. Exhibit A—Description of Services and Rates 2. Exhibit B—Option Letter 3. Exhibit C - Colorado Community Corrections Standards (CCCS) revised July 1, 2002. 4. Exhibit D - Inmate Intensive Supervision Program (ISP) Services Monthly Expenditures Summary. D. Integration: This Contract is intended as the complete integration of all understanding between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto have any force or effect whatsoever, unless embodied herein in writing. No subsequent novation, renewal, addition, deletion or 6 other amendment hereto shall have any force or effect unless embodied in a written document executed and approved pursuant to the State of Colorado fiscal rules. E. Breach: A breach of this Contract shall not be deemed to be a waiver of any subsequent breach or default of the Contract. F. Third-Party Beneficiary: The enforcement of the terms and conditions of this Contract, and all rights of action relating to such enforcement, shall be strictly reserved to the State and the Contractor, and nothing contained in this Contract shall give or allow any claim or right of action whatsoever by any other or third person, otherwise, it is the express intent of the parties to this Contract that any person receiving services or benefits under this Contract shall be deemed an incidental beneficiary only. G. Notice: Any notice provided for in this Contract shall be in writing and served by personal delivery or by registered or certified mail, return receipt requested and postage prepaid at the address shown on the address listed in paragraph 2C of this Contract, until such time as written notice of a change of address is given to the said parties. H. Software Piracy Prohibition: No State or other public funds payable under this Contract shall be used for the acquisition, operation or maintenance of computer software in violation of United States copyright laws or applicable licensing restrictions. The Contractor hereby certifies that, for the term of this Contract and any extensions, the Contractor has in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that the Contractor is in violation of this paragraph, the State may exercise any remedy available at law or equity or under this Contract, including, without limitation, immediate termination of the Contract and any remedy consistent with United States copyright laws or applicable licensing restrictions. Exclusive Venue: Mandatory venue for any legal action arising from this Contract shall be in the City and County of Denver. J. Force Majeure: Neither the Contractor nor the State shall be liable to the other for any delay in, or failure of performance of, any covenant or promise contained in this Contract, nor shall any delay or failure constitute default or give rise to any liability for damages if, and only to the extent that, such delay or failure is caused by"force majeure". As used in this Contract "force majeure"means acts of God; acts of the public enemy; acts of any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. K. Governmental Immunity: Notwithstanding any other provision of this Contract to the contrary, no term or condition of this Contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities,rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, Section 24-10-101, it. Seq., CRS, as now or hereafter amended. The liability of the State of Colorado, its 7 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. 8 SPECIAL PROVISIONS (For Use Only with Inter-Governmental Contracts) 1. CONTROLLER'S APPROVAL. CRS 24-30-202 (1) This contract shall not be deemed valid until it has been approved by the Controller of the State of Colorado or such assistant as he may designate. 2. FUND AVAILABILITY. CRS 24-30-202 (5.5) Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated,budgeted, and otherwise made available. 3. INDEMNIFICATION. Indemnity: The contractor shall indemnify, save, and hold harmless the State against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities,rights, benefits, protection, or other provisions for the parties, of the Colorado Governmental Immunity Act, CRS 24-10-101 et seq. or the Federal Tort Claims Act, 28 U.S.C. 2671 et seq. as applicable, as now or hereafter amended. 4. INDEPENDENT CONTRACTOR. 4 CCR 801-2 THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE. NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE. CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID BY THE STATE PURSUANT TO THIS CONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. CONTRACTOR SHALL HAVE NO AUTHORIZATION, EXPRESS OR IMPLIED, TO BIND THE STATE TO ANY AGREEMENTS, LIABILITY, OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE WORKERS' COMPENSATION(AND PROVIDE PROOF OF SUCH INSURANCE WHEN REQUESTED BY THE STATE) AND UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW, AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR, ITS EMPLOYEES AND AGENTS. 5. NON-DISCRIMINATION. The contractor agrees to comply with the letter and the spirit of all applicable state and federal laws respecting discrimination and unfair employment practices. 6. CHOICE OF LAW. 9 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. 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. 10 SPECIAL PROVISIONS THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT CONTRACTOR: STATE OF COLORADO: Bill Owens,GOVERNOR BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO By Legal Name of Contracting Entity Executive Director Department of Corrections 84-6000-813 Social Security Number or FEIN LEGAL REVIEW: Signature of Authorized O ice Ken Salazar,ATTORNEY GENERAL David E. Long, Chair By Print Name&Title of Authorized Officer (06/16/2003) CORPORATIONS: �S t (A corporate seal or attestation is required) �, R Attest(Seal)By 'q:ov,,,,. .. . .^ ra;nF 5Si?fr1"t`�'..1 , 'Q:V, , ,,,. •' .1. Deputy Clerk to the 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 Barnhart By Date 11 cc3 - i513 NINETEENTH JUDICIAL DISTRICT WELD COUNTY COMMUNITY CORRECTIONS BOARD MEMO DATE: June 6, 2003 TO: Board of Weld County Commissioners FROM: Jan-Alison Zuber, Administrative Coordinator SUBJECT: Intergovernmental Contract 04CAA00008 Attached are four (4) copies of a contract between the Colorado Department of Corrections (DOC)and the Board of Commissioners of Weld County acting on behalf of the Weld County Community Corrections Board. This contract is for nonresidential Inmate Intensive Supervision Program services. The contract will be in effect from July 1, 2003 through June 30, 2008. I respectfully request the Board of Weld County Commissioners include this item on the Wednesday,June 11, 2003 meeting agenda for signature approval. If approved, please forward all copies to me, I will forward them to DOC, and return a fully executed copy to the Board of Commissioners. Should you have any questions, please contact the Weld County Community Corrections Board Chairman, torn Quamrnen at ext. 4717 or myself at ext. 4848 2003-1533 NINETEENTH JUDICIAL DISTRICT WELD COUNTY COMMUNITY CORRECTIONS BOARD MEMO DATE: November 24, 2003 TO: Donna Bechler, Deputy Clerk to the Board FROM: Jan-Alison Zuber, Administrative Coordinator' SUBJECT: Resolution 2003-1533 ((JJ The above mentioned Resolution was in regard to an Intergovernmental Contract for Nonresidential Inmate Intensive Supervision Program Services. This contract was returned to the Colorado Department of Corrections for state level signatures. At that time errors were found in the contract. It was the decision of the Department of Corrections to forward Option Letters to all judicial districts to replace the Intergovernmental Contract. Resolution 2003-1948 (copy attached) was approved July 28, 2003. This Option Letter #2, is to State Contract 03-0015, (County item 2002-1195). I would request that Resolution 2003-1533 be voided. Hello