HomeMy WebLinkAbout20000485 RESOLUTION
RE: APPROVE CONTRACT FOR RESIDENTIAL AND NON-RESIDENTIAL COMMUNITY
CORRECTIONS SERVICES AND AUTHORIZE CHAIR TO SIGN - CORRECTIONAL
MANAGEMENT, INC.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Contract for residential and non-
residential community corrections services 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 Correctional Management, Inc., commencing July 1, 1999,
and ending June 30, 2000, 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 Contract for residential and non-residential community
corrections services 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 Correctional Management, Inc., 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 28th day of February, A.D., 2000, nunc pro tunc July 1, 1999.
BOARD OF COUNTY COMMISSIONERS
COUNTY, COLORADO
ATTEST: i4r. a4rrkme
a J yer, C air
Weld County Clerk to th:, qO kV
:
C� . J. ei e, Pro-Tem
BY: _ L
Deputy Clerk to the B. Li jk3 Zs
Georg E. Baxter
APPD/Aivr FORM:
'1711-- all
it 1
- ounty Att, rney EXCUSED
Glenn Vaad
2000-0485
pc.: dam 6j7P DA0002
04;09/1996 01:27 9703535587 (WELD CO C0t4CUF'. PAGE 02
WELD COUNTY COMMUNITY CORRECTIONS BOARD
CONTRACT WITH
CORRECTIONAL MANAGEMENT, ING:
THIS CONTRACT, Made this _iST` day of JULY
1999, by and unty between the P.O.Cox 758, ners of Weld80632 hereinafter referred to sty, on behalf of Wetd o"the Board,Community
Corrections a Board,a . Box 758, Greeley,
Correctional Management, Inc., 207 Canyon, #205, Boulder, CO 80302, hereinafter referred to
as"the Contractor?
WITNESSETH:
WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and
otherwise made available and a sufficient unencumbered balance thereof remains available for
payment for the purchase of community corrections services; and
WHEREAS, required approval, clearance and coordination has been accomplished from
and with appropriate agencies; and
WHEREAS, 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 Article
27, Title, 17, C.R.S., as amended, during the State fiscal year 1999-2000 and desires to
subcontract with Correctional Management, Inc.,for the provision of such services.
NOW THEREFORE, it is hereby agreed that
1. THE BOARD SHALL:
A. Payment Tor Services.
1) Subject to the condition that the Contractor shall provide all required
information, compensate the Contractor in accordance with the
• schedule in Paragraph 1.A.2. for community correctional services.
2) During the period of the contract, upon receipt of proper billing from
the Contractor as provided in paragraph 2.M. herein, payment shall
be offset against advances up to a maximum total payment of:
residential diversion direct sentence and diversion condition of probation placements at a daily
rate of$36.08 per offender,
diversion non-residential placements at no more than $257.00 per month per offender, not to
exceed an average of$5.12 per day per offender,
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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 offenders participation. The day an offender transfers from
Residential to Non-Residential 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
Non-Residential to Residential status, the Contractor shall be paid
for non-residential expenses, but shall not be compensated 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, unless a written request is
presented to and approved by the Board. 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.
5). Funds allocated in this Contract are for services rendered during the
current contract period and cannot be used to pay for community
corrections services provided in prior or future fiscal years.
6) Any unexpended funds allocated or advanced to the Contractor by
this contract shall be reverted In the Boenl.
H. Subcontracts. Contractor may subcontract for community corrections services with any
private agency or unit of local government for the purpose of rendering services to offenders,
providing, however, that any subcontracts shall comply with the terms and provisions of this
contract and all applicable sections of Article 27, Title 17, C.R.S_, as amended. Any reference in
this agreement to "Contractor"shall also apply to its subcontractors providing services pursuant
to Article 27,Title 17, C.R.5.,as amended.
C. Payment for Travel. Reimburse the Contractor at the rate of $.24 per mile for travel, 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 and the State with travel reports setting forth the date of travel,
mileage, destination and offenders transported.
D. Payments for Leaves of Absence. Pay for the following leaves of absence, as authorized
and approved by DOC or the State Judicial Branch (SJB):
1) "Pass or furlough" based on a privilege to leave the facility to an
approved location for up to forty-eight (48) hours.
2) "Off-grounds leave" for the purpose of which is to conduct a hearing
or assessment regarding the continuation of the offender in
community corrections, for a maximum allowable period of three (3)
days.
3) "Emergency leave" caused by and limited to a serious
life-threatening Incident in the offender's immediate family, subject
to a maximum period of seven (7) days, to be reimbursed at 50% of
the regular per diem rate.
E. Noncompliance. Withhold funds when the Board or the State determines that the
programs or facilities of the Contractor are not in compliance with this contract. Overpayments
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made by the Board, in the event of non-compliance, shall be recoverable by the Board from the
contractor through deductions from future payments or recovered through legal proceedings.
F. 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.
2. THE CONTRACTOR SHALL:
A. Approval. Be approved by the local community corrections board in their jurisdiction and
operate pursuant to Article 27, Title 17, C.R.S., as amended.
Er. Description of Services. Provide such services as specifically set forth in the proposal
submitted to the Board for the provision of services to 1) offenders referred by DOC, 2) offenders
referred by SJB, 3) offenders referred by the State Board of Parole OF, 4) offenders referred by
SJB pursuant to 19-2-703(c) or 19-2-801(2)(a). A copy of such proposal submitted by the
Contractor Is attached hereto and incorporated herein as Contractor's Exhibit"A".
C. Standards. Meet, maintain, and comply with all applicable guidelines or standards as
provided in Article 27, Title 17, C.R.S., as amended, and the "Colorado Community Corrections
Standards". Non-compliance with standards may result in reduction of compensation rates as
specified in paragraph 1.A.2; cessation of offender placements in the program; implementation
of a competitive bid process to consider alternate program providers; or cancellation of the
contract.
D. Victim Rights Act. Comply with Section 24-4.1-3023, Section 24-4.1-303 and Section
24-4.1-304 C.R.S., commonly known as the Victim Rights Act and enabling legislation.
E. Immigration Reform Control Act. Comply with all federal and state laws, including the
Immigration Reform Control Act in all hiring practices.
F. Americans with Disabilities Act. 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.
G. Client Files. 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 Section
2472-202-204, C.R.S., and Section 24-72-301-308, C.R.S.; and in compliance with Title 28 of the
Code of Federal Regulations.
H. Reports. 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 Information Forms, Community
Corrections Client Information Forms, Community Corrections Offender Screening Information
forms, and other records documenting the types of services provided and the identity of the
individual offenders receiving such services. The Community Corrections Client Information Form
must be completed, as prescribed by the State for each residential offender served and shall
accompany the billings coinciding with the offender's month of termination. Community
Corrections Offender Screening Information forms shall, on a monthly basis, be used to record all
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screening activity performed by the Board and its subcontractors and shall be submitted to the
State with each month's billings.
Review and Inspection. Make both fiscal and program files available within three (3)
working days for review and inspection by the State, DOC, SJB, or an authorized representative
of the Board, to assure that the Contractor is providing the services aril financial records required
by this contract.
J. Unauthorized Absence. Notify DOC or SJB, through the appropriate probation/parole
officer, within four (4) hours after an offender becomes absent from the program without
authorization, The Contractor shall also comply with Section 17-27.1-101(1), C.R.S. 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,
K. Fugitive Reporinq_Svstem. Pursuant to Section 17-27-104, C.R.S., the Contractor shall
insure that any probably escape of any Diversion offender is reported by program staff providing
services through this contract, using the Fugitive Reporting System in effect at the time of the
escape. Program staff shall also provide the State and its local community corrections board with
monthly escape reports of all offenders reported as escapees, whether Diversion or Transition
offenders.
L. Absence Due to Arrest. Notify DOC/SJB immediately if they know an offender has been
arrested and/or is in the custody of a federal, state, or local police authority, respectively. If the
Contractor has requested and received prior written permission from DOC/SJB, 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.
M. Additional Services. Obtain prior written approve! 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 provided by the Contractor which exceed the maximum
total payment as described in Paragraph 1.A.Z, 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 1.A.2.
N. Method of Billing. Bill the Board for services provided on such roans and in such manner
as the Board and/or State may require. In order for the billing to be accepted by the Board, the
signature of the appropriate probation or parole officer confirming the accuracy of the billing is
required. The Contractor shall report the total costs of its program to the Board and the State
within five (5) days after the end of the fiscal year. The State or the Board may require the
Contractor to provide an estimate of final year-end expenditures anytime within sixty (60) days
prior to the end of the fiscal year.
O. Reimbursement by Client. The Contractor may charge each offender participating In a
residential program the reasonable costs of the services not covered by state payments. The
charges may be collected on an ability to pay basis, but shall not exceed ten dollars ($10.00) per
day while in residential placement. Offenders in non-residential placement may be charged an
amount that averages 40% of the amount billed to the State as described In paragraph 1.A.2., but
shall not exceed an average of two dollars ($2.00) per day while in non-residential placement.
Each offender shall be issued receipts for fees collected.
Any charges to offenders in excess of these limits must be approved in advance by the
State and local community corrections board. The Contractor must provide a description of such
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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 are described in Exhibit"A".
P. Inspections_ Allow DCJ, DOC, SJB, Health Department employees, or authorized
representatives of the Board to inspect, with or without notice, the facilities, records, and services
provided by the Contractor to determine compliance with this contrail_
Q. Insurance_ Maintain in full force and effect adequate liability insurance coverage with an
insurance company licensed and authorized to transact business within the State of Colorado in
the following amounts:
1. 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.
2. General, Personal Injury, and Automobile Liability (including bodily
injury, personal injury, and property damage)minimum coverage:
a) Combined single limit of$600,000 If written on occurrence basis.
b) Any aggregate limit will not be less than$1,000,000.
c) Combined single limit of $800,000 for policies written
on a claims-made basis. The policy shall include an
endorsement, certificate, or other written evidence
that coverage extends two years beyond the
performance period of the contract.
d) 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.
The State of Colorado and Weld County, Colorado, shall be named as additional insured
on all liability policies. The insurance shall include provisions preventing cancellation within 60
days prior notice to the State by certified mail. The contractor shall provide certificate showing
adequate insurance coverage to the State within seven (7) working days of contract execution,
unless otherwise provided.
If the contractor is a "public entity" within the meaning of the Colorado Governmental
Immunity Act, C.R.S 2410-101 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, the contractor shall
show proof of such insurance.
R. Referral for Medical Services. The Contractor shall identify sources of emergency medical
services located within dose proximity to their residential community corrections facility_
Procedures shalt be established to refer offenders requiring such services in the event of
emergencies. Offenders shall be advised upon admission to the facility that responsibility for
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•
medical and dental care is assumed by the offender unless other arrangements are confirmed in
advance by the referring agency. Offenders shall acknowledge these responsibilities in writing
upon admission to the program. 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
notifies the Contractor otherwise.
S. Record Retention_ Retain all books, records, and other documents of any part pertaining
to this agreement for five (5) 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.
T 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 DOCJSJB_
U. 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 offenders in the Contractor's residential and non-residential program.
V_ Supervision. Provide 24-hour-a-day, seven-day-a-week staff supervision of the offenders
assigned to the residential facility as specified in the "Colorado Community Corrections
Standards".
W. State and Local Regulations. Comply with all state and local health, safety, fire, building
and zoning requirements.
X. 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.
Y. Information Provided. Provide information upon request of the appropriate DOC/SJB
officers regarding the activities and adjustment of offenders assigned to their program. Collect,
maintain -and make available to ROC/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 restitution.
Z. Fiscal Audit and Verification of Line item Expenses. Provide to the State an independent
fiscal audit report which addresses the agency's fiscal year(s) relevant to the contract period. If
not detailed in the report, the Contractor will be responsible for providing additional information
which independently compares the year's actual expenses to those budgeted in the line items of
Contractor's Exhibit "A°. 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.
AA. Non-compliance with Provisions of this Section. In the event the Contractor, in whole or
in part, fails to meet the provisions of this section, the Board may adjust payment due amounts.
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3. MUTUAL PROVISIONS:
A. Effective Dates. The period of this contract shall be from July 1,1999 through June 30,
2000.
B. Assionment. The rights and duties arising under this contract shall not be assigned or
delegated without the prior written consent of the State.
C. independent Contractor. The Contractor is rendering services as an independent
contractor, not as an employee, and shall be accountable to the State and the Board for the
ultimate results of its actions but shall not be subject to the direct supervision and control of the
State except as otherwise provided herein. Neither the Contractor nor any agent, employee, or
servant of Contractor shall be or shall be deemed to be an employee, agent, or servant of the
State or the Board. Contractor shall pay when due all required employment taxes and income tax
withholding, shall provide and keep in force worker's compensation (and show proof of such
insurance) and unemployment compensation Insurance in the amounts required by law, and shall
be solely and entirely responsible for its acts and the acts of its agents, employees, servants and
the subcontractors during the performance of this contract.
D. 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.
E. Modification. This contract consists of (1) this document, (2) the proposal submitted to the
State and the Board for the provision of services to offenders in the custody of the State which
is marked as Contractor's Exhibit "A", and (3) proof of adequate insurance coverage in compliance
with 2.O. herein marked as Exhibit "C". In the event there are any inconsistencies, ambiguities,
or omissions between this document and Contractor's Exhibit "A" or Exhibit "C", this document
shall govern over the provisions of Contractor's Exhibit"A"or Exhibit"C".
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 effect whatsoever, unless embodied herein in writing. No subsequent novation,
renewal, addition, deletion or other amendment hereto shall have any force or effect unless
embodied in a written contract executed and approved pursuant to the State of Colorado fiscal
rules.
Breach. A breach of this contract shall not be deemed to be a waiver of any subsequent
breach or default of the contract.
G. 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 Board 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. 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.
H. Notice. Any notice provided for in this contract shall be in writing and served by personal
delivery or by registered or certified mail, return receipt requested and postage prepaid, at the
addresses listed below under the signature of each party to this contract, until such time as written
notice of a change of address is given to the said parties.
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4. SPECIAL PROVISIONS:
A. Fund Availability. Financial obligations of the State and Board payable after the current
fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise
made available.
B. Indemnification. To the extent authorized by law, the Contractor shall indemnify, save and
hold harmless the State and the Board, their employees and agents, against any and all claims,
damages, liability and court awards including costs, expenses and attorney fees incurred as a
result of any act or omission by the Contractor, or its employees, agents, subcontractors, Or
assignees pursuant to the terms of this contract.
C_ Discrimination and Affirmative Action. The Contractor agrees to comply with the letter and
spirit of the Colorado Anti-discrimination Act of 1957, as amended, and other applicable law
respecting discrimination and unfair employment practices (24-34-402. C.R.S. 1982 Replacement
Vol.), and as required by Executive Order, Equal Opportunity and Affirmative Action, dated April
16, 1975. Pursuant thereto, the following provisions shall be contained in all State contracts or
subcontracts.
During the performance of this contract,the Contractor agrees as follows:
1) The Contractor will not discriminate against any employee or applicant for
employment because of race, creed, color, national origin, sex, marital status,
religion, ancestry, mental or physical handicap, or age. The Contractor will
take affirmative action to insure that applicants are employed, and that
employees are treated during employment, without regard to the above
mentioned characteristics. Such action shall include, but not be limited to the
following: employment, upgrading, demotion, or transfer, recruitment or
recruitment advertising; lay-offs or terminations; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The
Contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the contracting officer
setting forth provisions of this non-discrimination clause.
2) The Contractor will, in all solicitations or advertisements for employees
placed by or on behalf of the Contractor, state that aH qualified
applicants will receive consideration for employment without regard to
race, creed, color, national origin, sex, marital status, religion, ancestry,
mental or physical handicap, or age.
3) The Contractor will send to each labor union or representative of workers with which he has
collective bargaining agreement or other contract or understanding, notice to be provided by
the contracting officer, advising the labor union or workers' representative of the Contractor's
commitment under the Executive Order, Equal Opportunity and Affirmative Action, dated April
16, 1975, and of the rules, regulations, and relevant Orders of the Governor.
4) The Contractor and labor unions will furnish all information and reports
required by Executive Order, Equal Opportunity and Affirmative Action
of April 16, 1975, and by the rules, regulations and Orders of the
Governor, or pursuant thereto, and will permit access to his books,
records, and accounts by the contracting agency and the office of the
Governor or his designee for purposes of investigation to ascertain
compliance with such rules, regulations and orders-
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5) A labor organization will not exclude any individual otherwise qualified
from full membership rights in such labor organization, or expel any
such individual from membership in such labor organization or
discriminate against any of its members in the full enjoyment of work
opportunity, because of race, creed, color, sex, national origin, or
ancestry.
6) A labor organization, or the employees or members thereof will not aid,
abet, incite, compel or coerce the doing of any act defined in this
contract to be discriminatory or obstruct or prevent any person from
complying with the provisions of this contract or any order issued
thereunder, or attempt either directly or indirectly, to commit any act
defined in this contract to be discriminatory.
7) In the event of the contractors non-compliance with the non-discrimination clauses of this
Contractor or with any of such rules. regulations, or orders, this contract may be canceled,
terminated or suspended in whole or in part and the Contractor may be declared ineligible for
further Statp and Board contracts in accordance with procedures, authorized In Executive
Order, Equal Opportunity and Affirmative Action of April 16, 1975 and the rules, regulations,
or orders promulgated in accordance therewith, and such other sanctions as may be imposed
and remedies as may be Invoked as provided in Executive Order, Equal Opportunity and
Affirmative Action of April 16, 1975, or by rules, regulations, or orders promulgafi&d in
accordance therewith, or as otherwise provided by law.
8) The Contractor will include the provisions of paragraph (1) through (8)
in every sub-contract and subcontractor purchase order unless
exempted by rules, regulations, or orders issued pursuant to Executive
Order, Equal Opportunity and Affirmative Action of April 16, 1975, so
that such provisions will be binding upon each subcontractor or vendor.
The Contractor will take such action with respect to any sub-contracting
or purchase order as the contracting agency may direct, as a means
of enforcing such provisions, including sanctions for non-compliance;
provided, however, that in the event the Contractor becomes involved
in, or is threatened with, litigation with the subcontractor or vendor as
a result of such diregjon by the contracting agency, the Contractor
may request the State of Colorado to enter into such litigation to
protect the interest of the State of Colorado.
D. Colorado Labor Preference
1) Provision of C.R.S. 8-17-101 & 102 for preference of Colorado labor are applicable
to this contract if public works within the State are undertaken hereunder and are
financed in whole or iii.part by State funds.
2) When a construction contract for a public project Is to be awarded to a bidder, a
resident bidder shall be allowed a preference against a nonresident bidder from a
state or foreign country equal to the preference given or required by the state or
foreign country in which the nonresident bidder is a resident. If it is determined by
the officer responsible for awarding the bid that compliance with this subsection .06
may cause denial of federal funds which would otherwise be available or would
otherwise be inconsistent with requirements of Federal law, this subsection shall be
suspended, but only to the extent necessary to prevent denial of the moneys or to
eliminate the inconsistency with Federal requirements(C.R.S. 8-19-101 & 102).
E. General.
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1) 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.
2) 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.
•
3) The signatories hereto aver that they are familiar with 18-8-301, et.
seq., (Bribery and Corrupt Influences) and 18-8-401, et seq., (Abuse
of Public Office), C.R.S. 1978 Replacement Vol., and that no violation
of such provisions is present.
4) The signatories aver that to their knowledge, no state employee has a
personal or Aeneficial interest whatsoever in the service or property.
described herein.
•
IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day first above
written.
Contractor �`_7 Board:
(Full Legal Nam�` : Xer, Weld County Community Corrections
Correctional Mane.ement, Inc.
/Q Chairman, Community Corrections Board
Position (Title)
— O ! 7 a372- Reviewed and approved by:
Soc. Sec, #or Federal I.D.#
(If Corporation) V
Chairman, Board of ountyCo .A-
A ( al) Barbara Kir ey-r •� �o;rQaa
BY ��lgO
Cprpor a Secretary, or Equivalent, (ATTEST: .
Town/City/County Clerk r.o-l 1f ;O r(q,
WELD COUNTY CLERK TO
10 BY:
DEPUTY CLERK TO THE Bayty� 111
02-15-00 10 :45 TO:CMI FROM : 9703535587 P11
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