HomeMy WebLinkAbout20001571.tiff RESOLUTION
RE: APPROVE CONTRACT FOR COMMUNITY CORRECTIONS SERVICES AND
AUTHORIZE CHAIR TO SIGN -THE VILLA AT GREELEY, 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 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 The Villa at Greeley, Inc., commencing July 1, 2000, and ending June 30, 2001, 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 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 The Villa at
Greeley, Inc., be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authcrized
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 June, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Barbara Kirkmeyer, Chair
Weld County Clerk to t�: is �•°y� -tr a
hily,
ile Pro-Tem
BY •
Deputy Clerk to the Bo N� 7 \ 7 Z "f-e y/Ls^
, orgy E. Baxter
APIPRr AS TO FO : y
Dale K. all
,Z ty Attorney �/,
Glenn Vaad
2000-1571
1/14/4' DA0002
WELD COUNTY COMMUNITY CORRECTIONS BOARD
CONTRACT WITH
THE VILLA AT GREELEY, INC.
THIS CONTRACT, Made this 28 day of June, 2000, 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 The Villa At Greeley, Inc., 1750 6th Avenue, Greeley, CO 80631, 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 forthe 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 Satety, 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 2000-2001 and desires to subcontract with The Villa At Greeley, Inc., for the provision of
such services.
NOW THEREFORE, it is hereby agreed that
1. THE BOARD SHALL:
A. Payment for 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 transition placements at a daily rate of$36.80 per offender,
residential diversion direct sentence and diversion condition of probation placements at a
daily rate of$36.80 per offender,
residential diversion specialized services as described in Exhibit"A"at$17.34 per day per
offender,which is the difference between the specialized services per diem($54.14)and the
regular diversion residential per diem ($36.80),
residential transition specialized female services as described in Exhibit"A"at$14.67 per
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2000-1571
day per offender,which is the difference between the specialized female services per diem
($51.47) and the regular diversion residential per diem ($36.80),
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,
residential transition placements for specialized services(CIRT)as described in Exhibit"A
at a daily rate of$54.14 per offender,
3/4 house placements at a daily rate of no more than $14.13 per offender,
day reporting center services at a daily rate of no more than $8.24 per offender,
$36.80 per day per offender for residential parole placements, and
per diem supplements to provide specialized services,with prior approval by the State, for
offenders with special needs.
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 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 to the Board.
B. Subcontracts. Contractor may subcontract for community corrections services with any private agency or unit
of local govemment 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.S., 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.
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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 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.
B. 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 or, 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".
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 iii 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 24-4.1-302.5, Section 24-4.1-303 and Section 24-4.1304 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 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.
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
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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 screening activity performed by the Board and its subcontractors and
shall be submitted to the ate 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 and 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 Reporting System. 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 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 provided
by the Contractor which exceed the maximum total payment as described in Paragraph 1.A.2., 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 forms 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 thirteen dollars ($13.00) 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 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
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compliance with this contract.
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 $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
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.
3. Name the Board as an additionally named insured party under our liability coverage.
$1,000,000.
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.
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, the contractor shall show proof of such insurance.
R. Referral for Medical Services. The Contractor shall identify sources of emergency medical services located
within close proximity to their residential community corrections facility. Procedures shall 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 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.
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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 DOC/SJB.
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 eamings of all offenders assigned
to their program or facility including, but not limited to: gross eaming, net eaming, 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 DOC/SJB
orthe 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 AA" 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.
3. MUTUAL PROVISIONS:
A. Effective Dates. The period of this contract shall be from July 1,2000, through June 30, 2001
B. Assignment. 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.
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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.
F. 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, retum 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 sad
parties.
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,ortransfer,recruitment or recruitment advertising;lay-offs orterminations;
rates of pay or other forms of compensation; and selection for training, including
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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 all 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.
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 Contractor's 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 State 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 promulgated 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 direction by the
contracting agency, the Contractor may request the State of Colorado to enter into
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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 in 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.
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
beneficial interest whatsoever in the service or property described herein.
F. 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.
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IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this 28th day of
-Jung. 2000.
ATTEST: Z4) THE COUNTY OF WELD, STATE OF
/Le , -
COLORADO, by and through THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF WELD,on behalf
<. / 'um _ of WELD COUNTY COMMUNITY CORRECTIONS
BY: /,^//i d .' 1 'qOp= _ BOARD-
O®U l� // Barbara J. Kirkmeyer, Chair (06/28/2000)
THE VILLA AT GREEL,EY, IN .
Southern Corrections y,$tems '!Inc. i
BY: _ I a LC
Presirj nt
SUBSCRIBED AND SWORN to before me this / day of 27-/A/-_-., , 2000.
WITNESS my hand and official seal. ° /f',/ Y/
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Not ry lic
My commission expires: set //, 211O3
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