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CONTRACT
THIS CONTRACT, made this 1St da\v of July 7
98 _--- . byand between the
State of Colorado for the use and benefit of the Department of U�11C Sitety,UiViSian of
Criminal Justice, 700 Kipling Street, Suite 30UW—Tenver, LO tiU2i3
hereinafter referred to as the_State. 4nd 2 WWel d County Colorado•
R,nar_cLilf._County. _ ---'. 0. Box 1lb/, Greeley, CO —6083
hereinafter referred in as the contractor,
WHEREAS, authority exists in the Law and Funds have been budgeted. appropriated and otherviim.iviacle
available and a sufficient unencumbered balance thereof remains available for payment in Fund Number_ I u L_
G/l. Account NumheraZ56• Contract Encumbrance Number 33
1`_L: :and
WHEREAS. required approval. clearance anti coordination has been accomplished from and with appropriate
agencies. and
wHEREns. the Department of Public Safety, Division of Criminal
Jus'cice, is authorized by C.R. S. , Article 2.5, Title 19: 101 , as amended by
S.B. 144, to manage, supervise and control juvenile diversion programs; and
WHEREAS, this contract will be for the time period July 1 , 1987
through June 30, 1988; and
WHEREAS, the State has appropriated $616,375.00 through the Long
Appropriations Bill , twelve months funding commencing July 1 , 1987 for ongoing
and new Juvenile Diversion Programs; and
WHEREAS, the Contractor has special knowledge, expertise and skill
diagnosing and determining the needs and service requirements of delinquent
youth ; has available necessary services to divert such youth from becoming
further involved in the Justice/Correctional System; and has the necessary
personnel to manage a community program providing individual , group and family
counseling and other alternative programs for delinquent youth to divert them
from further penetration in the Justice/Correctional System; and
WHEREAS, the Contractor was selected in compliance with the
requirements of the procurement code; and
Continued on page two.
NOV,' 'THE` D:roRE it is hereby aerccd that
STATEMENT OF WORK
a . The Contractor shall manage a community-based program for
delinquent youth to divert them from further involvement in the
Justice/Correctional System.
b. The above services shall be provided by the Contractor in
accordance with the program proposal dated July 1 , 1987 through June 30, 1988,
which is incorporated and made a part hereof as if fully set forth herein, and
attached hereto for reference as Exhibit A.
2. STATEMENT OF DOLLARS
a. Payment pursuant to this contract will be made as earned, in
whole or in part, from available state funds encumbered in an amount not to
exceed $12,616.00 for the purchase of community-based services providing the
Contractor has met the requirement of providing its share of $4,205.00 in cash
or inkind match . The total disbursement under this contract shall not exceed
$12,616.00.
b. The monies provided herein shall only be expended for purposes
of the Projects as set forth in Exhibit A.
• c. Where the Contractor elects to provide the local match
requirement by cash payment, such payments should be deposited on a monthly
basis to the State account in an amount equal to 25 percent of that month 's
expenditures.
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Whereas continued from page 1 .
WHEREAS, the Contractor and the State desire to use the aforementioned
appropriations to fund Juvenile Diversion Program, and
WHEREAS, the State shall provide no more than 75 percent and the
Contractor shall provide at least 25 percent of the funds under this contract
for twelve months commencing July 1 , 1987.
The State 's share is $12,616.00.
The Contractor' s share is $4,205.00 and may be cash or inkind; and
WHEREAS, the Contractor desires the State to administer and monitor
and evaluate the Youth Diversion Project; and
WHEREAS, the State is ready, willing and able to perform such services.
3. METHOD OF PAYMENT
a. The Contractor shall secure and maintain copies of invoices,
contracts, and interagency documents for all services, supplies, capital
equipment, and trip/el , including the rental property, which are used by the
Contractor in providing the services under this contract.
b. The State shall pay the actual cost incurred by the Contractor
for provision of services under this contract in the following manner:
i ) Expenditures will be reimbursed from state funds on a
monthly basis upon request. Contractor will be
reimbursed 100 percent of approved expenditures reported
except where the Contractor has selected to provide local
match requirement with cash match or has expended federal
grant funds. At no time shall the total of these monthly
reimbursements exceed the pro-rated amount of the
contract for the number of months the contract has been
in effect unless prior written approval has been received
from the State;
ii ) The initial disbursement will be adjusted to the actual
cost and reconciled in the last monthly payment. Any
monies disbursed in excess of the actual cost shall be
refunded to the State by the Contractor;
iii ) A complete certified report shall be attached to the
monthly reimbursement request, a specimen copy of which
is attached hereto, incorporated, and made a part hereof
by reference as Exhibit B;
iv) The Contractor will adhere to written accounting
procedures established by the State in accordance with
Exhibit B or a comparable system acceptable to the State:
v) The Contractor will identify any cost allocation methods
used in distributing portions costs.
c. The State shall disallow the reimbursement of expenditures that
are determined by the State to be for:
i ) Alcoholic beverages ;
ii ) Previous or subsequent time periods ;
iii ) Bank overdraft charges or penalty interest expenses; and
iv) Capital outlay in excess of $250.00 per purchased item
where prior approval was not obtained from the State.
4. STATEMENT OF FISCAL UNDERSTANDING
a. The Contractor agrees that until an accepted Fidelity Bond is
obtained, no advance funds can he made available from the State, and that such
Fidelity Bond shall be equal to 16 percent of the contract amount to ensure
refunds in the event of an audit exception. The Contractor or employees of
the Contractor who have responsibility for receipt and/or disbursement of
money under this contract shall be required to be bonded. The State shall he
immediately notified of bond cancellation either by the underwriter or the
Contractor.
Page 2 of 8 pages
880816
b. The Contractor agrees 'to complete and pay the cost of a
financial audit conducted by an independent certified public accounting firm
and further agrees to provide to the State a copy of such audit.
c. The Contractor agrees to maintain sufficient accounting records
to enable the State and the independent auditor to determine all costs for all
community-based services . The Contractor shall provide to the State and the
independent auditor all other sources of support and revenue- attributable to
the Diversion Program and all costs related to the program must be accounted
for and properly classified. The Contractor agrees that any and all accounts
which pertain to any service components described in Exhibit A shall be made
available upon request to the State or the independent auditor.
5. EVALUATION AND MONITORING
a. All research instruments and products pertaining to the
contractor ' s justification for serving youth under the terms of this contract
shall be the property of the Division of Criminal Justice for use by the
State . Such instruments and products shall not be used except with the
express permission of the State.
b. To comply with the Single Audit and State' s evaluation
requirements , the Contractor shall provide fiscal , program, and the client
information to the„ State at the time requested and on the forms provided for
this purpose by the State . The Contractor shall provide any and all clients
information as requested by the State, including but not limited to:
i ) Number of clients referred per month;
ii ) Number of clients served per month;
iii ) Number of clients terminated per month with reasons for
termination;
iv) Name of client and number of hours served per month ;
v) Type of service provided per month for each client with
number of hours for each service component provided;
vi ) Number of program hours available per month for each
service component offered by the program.
c. The Contractor shall be required to submit any further
information requested regarding client services which is necessary for the
State ' s development of a data-based client information system and a unit cost
system for future funding.
d. The Contractor agrees that the program's operations and
services may be monitored by the State on a regular basis. The State will
provide the Contractor with the results of the evaluation and shall allow the
Contractor opportunity to respond .
E. SUBCONTRACTS
a . The parties recognize that the services provided by Contractor
are personal in nature and therefore none of the rights , duties or obligations
arising under this contract may be assigned or delegated without the prior
written consent of the State.
b. All subcontracts entered into by the Contractor pursuant to
this contract shall be completed in the format provided by the State, and no
subcontract shall be valid without prior approval . A specimen copy is
incorporated herein, attached hereto and made a part hereof by this reference
as Exhibit C. A copy of any such approved contracts shall be supplied to the
State.
7. CONFIDENTIALITY
a. All records and information maintained by the Contractor
pertaining to clients of the State shall remain confidential and shall not be
released to anyone other than the person in interest, the person ' s parent or
legal guardian, or the State, without specific order of a court with proper
jurisdiction. Prior to release of any authorized information or record, the
Contractor shall notify the State .
•
Page 3 of 8 pages 880816
•
8. STATEMENT OF CONTRACT RESPONSIBILITIES
The Contractor shall :
a . Provide and maintain a facility that will meet all local ,
county, state, and federal ordinances, regulations and laws .
b. Provide a staff as needed to implement the services included in
Exhibit A.
c. Conduct its program in accordance with all of the terms and
specifications of this contract including all exhibits .
d. Implement a system to maintain :
i ) The legal rights of the client ;
ii ) Confidentiality of client records which shall include but
not be limited to require :
a ) written consent to gather confidential information
about the client; and
b) written consent to release confidential information
about the client.
Individual- case files that:
a ) include records. of services described in the Exhibit
A; and
b) document the participants ' eligibility as defined by
state law.
Such records and files shall be destroyed one year after
successful completion of the program, in compliance with
state law.
e. Make available to the State, prior to execution of this
contract, a copy of the following documents as applicable:
i ) Certificate and articles of incorporation;
ii ) Internal revenue tax exempt status letter;
iii ) Names of persons serving on Board of Directors ;
iv) Corporation by-laws ;
v) Lease agreement to all properties rented;
vi ) Names of persons authorized to sign payroll and expense
checks of the Contractor.
f. Comp}y with all federal and state laws , including the
Immigration Reform Control Act in all hiring practices .
g. Maintain and make immediately available to the State at any
time upon request , personnel policies and procedures which shall include
policies on conflicts of interest, non-discrimination concerning race, color,
creed, and national origin, sex, marital status, religion, ancestry, mental or
physical handicap, or age.
h . Maintain in full force and effect comprehensive general
liability insurance. and property damage insurance with limits of at least
$150,000 for bodily injury to any one person, $400,000 for any one occurrence,
$400,000 for property damage or a total amount of $800,000. The Contractor
shall furnish the State with written certification of the existence of such
liability and property damage insurance policy prior to the effective date of
the contract , and must notify the State when insurance is cancelled by either
the insured or the underwriter thirty days prior to cancellation and must
obtain new insurance coverage prior to the effective date of the cancellation.
i . Agree that upon completion or termination of this contract, any
unexpended funds shall revert back to the funding sources in proportion to
grants or awards made from the various sources.
j. Maintain adequate fiscal records for a period of three (3)
years following the termination of this contract subject to inspection and
audit by the State or its designee . Any audit exception shall be subject to
refund to the State by the Contractor after negotiation for repayment has
recurred .
Page 4 of 8 pages 880816
•
The State shall :
a . Develop a contract for the execution of the Project.
b. Monitor the Project for fiscal and program accountability.
c. Provide consultation to Project staff.
d. Provide to the Project direction on accounting, record-keeping,
and reporting .
e. Provide research and evaluation information applicable to
Project operation.
9. REPRESENTATIVES
a . For the purpose of this agreement, the individuals identified
below are hereby designated representatives of the respective parties. Either
party may from time to time designate in writing new or substitute
representatives:
For the State : Larry Linke
Title : Program Administrator, Division of Criminal Justice
- For the Contractor: t3ett& Gel
Title: (Jvv,tvustrator
10. CONFLICT OF INTEREST
a. No employee of the Contractor shall perform or provide part-
time services to a consultant or consultant firm that has been retained by the
Contractor under the authority of this contract.
b. The Contractor agrees that no person who presently exercises
any function or responsibility in connection with the program has any personal
financial or economic interest, direct or indirect, in this contract except to
the extent that he may receive compensation for his performance pursuant to
the Contractor.
•
c. No person who presently exercises any function or responsibility in
connection with this program on behalf of the Contractor shall have or acquire
any personal financial or economic interest, direct or indirect, which will
be materially affected by this contract, except to the extent that he may
receive compensation for his performance pursuant to this contract. An
economic or financial interest includes , but is not limited to:
i ) Any business entity in which the person has a direct, or
indirect interest worth more than one thousand dollars
($1 ,000. 00) ;
ii ) Any real property in which the person has a direct or
indirect interest worth more than one thousand dollars
($1 ,000.00) ;
iii ) Any source of income, loans, or gifts aggregating two
hundred and fifty dollars ($250.00) or more in value
received by or promised to the person within twelve ( 12)
months prior to the execution date of this contract ;
iv) Any business entity in which the person is a director,
officer, partner, trustee, employee, or holds any
position of management.
For purposes of this subsection, indirect investment or interest
means any investment or interest owned by the spouse, parent, brother, sister,
son, daughter, father-in-law, mother-in-law, brother-in-law, sister-in-law,
son-in-law, daughter-in-law of the person by an agent on his/her behalf, by
any business entity controlled by said person, or by a trust in which he/she
has substantial interest. A business entity is controlled by a person if that
person , his/her agent, or a relative as defined above possesses more than 50
percent interestofinheaotrusthwhenntheepersonsordanpabovn has a substanialve-defined relativet hasaeperresent
or future interest worth more than one thousand dollars ($1 ,000.00) .
Page 5 of 8 pages 880816
d. The Contractor shall incorporate the above subsections of this
section into every subcontract into which it enters in connection with this
contract, making such provisions applicable to the person or entity with whom
the Contractor contracts.
11 . CONTRACT MODIFICATIONS , CHANGES OR AMENDMENTS
a. This agreement is intended as the complete integration of all
understandings 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
fiscal rules.
12. INDEPENDENT CONTRACTOR
a. The Contractor shall render services under this contract as an
independent Contractor and shall be accountable to the State for the ultimate
results of its actions but shall not be subject to direction and control of
the State as to details , methods or to particular hours of work, except as
provided herein. The employees of the Contractor shall not be construed as
employees of the State for any purpose.
13. CONTRACT STATEMENT TO HOLD HARMLESS
a. It is agreed that the State shall not be held liable for any
error or omission of the Contractor in providing services hereunder. The
Contractor shall not at any time act as an agent, servant, or employee of the
State. The Contractor agrees to indemnify and hold harmless the State, its
employees, agents , and officers, against any and all claims, demands , damages,
liabilities and court awards , including costs, expenses , and attorney fees
incurred as the result of any act or omission of any officer, agent or
employee of the Contractor, or acts or omissions by youths within the program
of such Contractor, or resulting from the condition of any property owned or
controlled by the Contractor.
14. PERFORMANCE OF CONDITION PRECEDENT TO VALIDITY OF CONTRACT
a. The Contractor and the State each certifies that all conditions
precedent to the valid execution of the contract on its part have been
satisfied.
15 . CONTRACT TERMINATION
a . This contract may be terminated by either party by giving
thirty (30) days notice in writing, delivered by certified mail , return
receipt requested, to the other party at the above address, or delivered by
personal services upon the party. If notice is so given, this contract shall
terminate on the expiration of the thirty (30) days , and the liability of the
parties hereunder for the further performance of the terms of this contract
shall thereupon cease, but the parties shall not be relieved of the duty to
perform their obligation up to the date of termination.
Page 6 of 8 pages
880816
Form a-AC-0211 SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
I. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of
Colorado or such assistant as he may designate. This provision is applicable to any contract involving the pay-
ment of money by the State.
FUND AVAILABILITY
2. Financial obligations of the State payable after the current fiscal year are contingent upon funds for that
purpose being appropriated, budgeted and otherwise made available.
BOND REQUIREMENT
3. If this contract involves the payment of more than fifty thousand dollars for the construction, erection,
repair, maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public
works for this State, the contractor shall, before entering the performance of any such work included in this con-
tract, duly execute and deliver to and file with the official whose signature appears below for the State, a good
and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one-
half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a qualified
corporate surety, conditioned for the due and faithful performance of the contract, and In addition, shall provide
that if the contractor or his subcontractors fail to duly pay for any labor, materials, team hire, sustenance, pro-
visions, provendor or other supplies used or consumed by such contractor or his subcontractor in performance of
the work contracted to be done, the surety will pay the same in an amount not exceeding the sum specified in the
bond, together with interest at the rate of eight per cent per annum. Unless such bond, when so required, is
executed. delivered and filed, no claim in favor of the contractor arising under this contract shall be audited,
allowed or paid. A certified or cashier's check or a bank money order payable to the Treasurer of the State of '
Colorado may be accepted in lieu of a bond. This provision is in compliance with 38-26-106 CRS, as amended. •
INDEMLNIFICATION
4. To the extent authorized by law, the contractor shall indemnify, save and hold harmless the State, its
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, subcon-
tradtors, or assignees pursuant to the terms of this contract.
DISCRIMLNATION AND AFFIRMATIVE ACTION
5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957,
as amended, and other applicable law respecting discrimination and unfair employment practices (24.34-402.
CRS 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
sub-contracts.
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 selec-
tion 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 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 committment 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 con-
tracting 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 dis-
criminate 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.
395-53-0I- I022 • ' 880816
Revised I I RS page 7 of 8 paces
Form 6-AC-02C
(7) In the event of Li, contractor's non-compliance with the non-o,Acrimination clauses of this con-
tract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or sus-
pended in whole or in part and the contractor may be declared ineligible for further State 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
prorriulgated in accordance therewith, or as otherwise provided by law.
(8) The contractor will include the provisions of paragraph(I) through(8) in every subcontract and
subcontractor purchase order unless exempted by rules, regulations, or orck.rs 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 con-
tractor 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 such litigation to protect the interest of the State of Colorado.
COLORADO LABOR PREFERENCE
6 a. Provisions of 8-17-101 & 102, CRS 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.
b. 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 non-resident bidder from a state or foreign country equal to the preference given or
required by the state or foreign country in which the non-resident 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 sub-
section shall be suspended, but only to the extent necessary to prevent denial of the moneys or to eliminate the
inconsistency with federal requirements (section 8-19-101 and 102, CRS).
GENERAL
7. 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 incor-
porated herein by reference which provides for arbitration by any extra-judicial body or person or which is other-
wise 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 other-
wise. 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.
8. 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.
9. The signatories hereto aver that they are familiar with 18-S-301 , et. seq., (Bribery and Corrupt Influences)
and 18-8-401, et. seq., (Abuse of Public Office), CRS 1978 Replacement Vol., and that no violation of such pro-
visions is present.
10. The signatories aver that to their knowledge, no state employee has a personal or beneficial interest what-
soever in the service or property described herein:
IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day first above
written.
Contractor
(Full Legal Name) Weld County, Colorado STA - : = O S • DO
•Y RO . E GOVER '
Board of Count Commis Toners fr-"
By: 9/9/8 - ; e ' F: 11 DIRECTOR.
the
Position (Title)_ Chairma
84-6000813 DEPARTMENT
Social Security Number or Fedaral I.D. Number OF Public Safety
Pinicka
Attest (Seal)
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ATTORNEY GENERAL CONTROLLER
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ADDENDUM
This ADDENDUM, made this 15th day of October, 1987, by and between the
State of Colorado for the use and benefit of the Department of Public
Safety, Division of Criminal Justice, 700 Kipling, Denver, Colorado 80215,
hereinafter referred to as the State , and Weld County, Colorado
Board of County Commissioners _
P.0_ Box 1167 , Greeley, CO 80632 —
hereinafter referred to as the contractor.
WHEREAS, the parties hereto entered into a contract dated July 1 , 1987,
Routing Number g5 t C3- , Contract Encumbrance Number 873319 for
the payment of state funds to juvenile diversion providers , said contract
commencing July 1, 1987 ; and
WHEREAS, the Colorado Attorney General has advised that all funds, not
only state funds, appropriated by the Colorado General Assembly are to be
dispersed to service providers through contracts with state agencies , and
the original juvenile diversion contract did not include the federal funds
available and appropriated for such services ; and
WHEREAS, the requirements to include federal money in contracts for
juvenile diversion services was not determined until after the original
contract had been processed. It is necessary that this ADDENDUM be
retroactive to July 1, 1987, to include federal funds ; and
NOW THEREFORE, it is hereby agreed that the original contract is
amended by adding this ADDENDUM as follows:
A. Consideration for this addendum to the Original Contract, CE
Number 873319 , Contract Routing Number SS- 52
dated July 1 , 1987 consists of the payments which shall be
made pursuant to this addendum and the promises and agreements
herein set forth.
B. It is expressly agreed by the parties that this contract addendum
is supplemental to the Original Contract Number 873319
dated July 1 , 1987 which is , by the reference,
incorporated and made a part hereof, and all the terms, conditions
and provisions thereof, unless specifically modified herein, are
to apply to this contract addendum as though they were expressly
rewritten , incorporated and included herein.
C. It is agreed the Original Contract is and shall be modified ,
altered and changed in the following respects only:
1: "WHEREAS" Recital Clause Number Five (page 1 ) is amended to
add:
WHEREAS, Congress has appropriated $529,000 in formula grant
funds to Colorado as authorized by the Juvenile Justice and
Delinquency Prevention Act of 1974 by the Fiscal Year
Adjustment Act (Public Law 94-273; 90 Stat. 375) , as amended;
and
WHEREAS, the General Assembly has appropriated such funds to
the Division of Criminal Justice, Department of Public Safety
in S. B. 218, and the Governor, by Executive Order on March 6,
1987, designated the Division of Criminal Justice to
administer the funds and establised the Juvenile Justice and
Delinquency Prevention Advisory Council to recommend awards
of federal funds to specific projects , and
WHEREAS, the Juvenile Justice and Delinquency Prevention
Advisory Council has awarded $100,000 for Juvenile Diversion
Programs ; and
2. "WHEREAS" Recital Clause Number Nine (page 2) is amended to
add: -
The Federal share is $ 2,170.00
880816
ADOENDUM (Page 2)
3. Paragraph 2. a . (page 1 ) is amended in its entirety as
follows :
Payment pursuant to this contract will be made as
earned , in whole or in part, from available State funds
encumbered in an amount not to exceed $ 14 786_OO _
for the purchase of juvenile diversion services
providing the contractor has met the requirement of
providing its share in the amount of $ 4,205.33
in cash or in-kind match. The liability of the State,
at any time , for such payments shall be limited to the
unencumbered amount remaining of such funds .
Payment pursuant to this contract, if in federal funds ,
whether in whole or in part, is subject and contingent
upon the continuing availability of federal funds for
the purpose hereof.
4. Paragraph 4.a . (page 2) is amended to add:
A copy of the certificate of the Fidelity Bond is
attached to the Exhibit A.
5. Paragraph 8 (page 4 ) is amended to add:
k. Maintain in full force and effect Comprehensive
Automobile Liability and Property Damage Insurance
(limit of liability $500,000, combined single limit for
bodily injury and property damage) if program
participants are transported by auto by staff or agents
of the program. Proof of such insurance is attached to
Exhibit A. Otherwise, a statement from the authorized
official will certify that participants are not
transported by program staff or agents and such
statement is attached to Exhibit A.
1 . Comply with all applicable federal laws and rules ,
including:
i ) The contractor hereby assures and certifies that
he/she will comply with all federal and state
regulations , policies , guidelines and
requirements, including but not limited to OMB
Circulars Nos. A-87 and A-102, as they relate tc
the application , acceptance and use of federal
funds for this federally assisted project. The
contractor further understands and agrees that
any grant received through its state law
enforcement planning agency (designated under
P. L. 90-351 , as amended) as a result of this
application, shall be subject to and incorporate
the grant conditions set forth in the LEAA
Guideline Manual , "Financial Management for
Planning and Action Grants" and in the Division
of Criminal Justice Financial Guide.
ii ) Discrimination Prohibited
Pursuant to grants or contracts awarded under
P. L. 90-351 , as amended the contractor declares
that the agency is an "equal opportunity
employer" and is in compliance with local , state
and federal guidelines of the Equal Employment
Opportunity Commission (EEOC) , and:
880816
.ADDENDUP (Page
( ' ) it will comply with Title VI cf i'vil
Plights Act of 1964 (P. L. 88-35i) , ar.d in •
accordance with Title VI of that act , no
person shall , on the ground of race, color,
religion, sex or national origin, be
excluded from participation in, be denied
the benefits of or be otherwise subjected to
discrimination under any program or activity
for which the applicant receives federal
financial assistance and will immediately
take any measures necessary to e=fectL-ate
this agreement.
(2) it will comply with Title VT of the
Rights Act of 1964 (42 USC 2000d)
prohibiting employment discrimination
where:
(a) The primary purpose of a grant is to.
provide employment, or
'.h) Discriminatory employment prac' . :e;
will result in unequal persons whc are
and sho '.= be benefiti^o from the
grant-aided activity.
( 3) Tit € VII , ^ivi; Rights Act c,' 1.964, as
amended by the EEC Act of 1972.
(4) Notwithstanding the provisions currently
contained relating to civil rights
compliance, this contract is expressly
subject to the provisions con'.atned in the
Division of Criminal Justice Ecual
Employment Opportunity Policy, a copy of
which is available upon request.
(5) The personnel employed through this cor•r� ct
hereby consent to appear when requested at
any administrative hearing, conference or
meeting conducted by the Division of
Criminal Justice.
iii ) Inspection and Audit
The Division of Criminal justice and the
Comptroller General of the United States shall
have access for purposes of audit and
examinations to any books , documents, papers and
records of the contractor and to relevant books
and records of subgrantees and contractors, as
provided in Section 521 of P.L. 9C-351, as
amended. A notice to this effect shall appear in
all subcontracts and other arrangements for
implementation of this project. In addition, al '
required records shall be maintained for three
years after completion of a project cr longer if
an audit is in progress and/or the findings of a
completed audit have not been resolved. ?l7
errgrems must comply with the Single Audit Act. of
1984 as explained in OMB Circular A-128.
iv) Third Party Participation
No tortr'act or agreement may be ert€ -ed '^' ' by
the contractor for execution. of project
activities or provisions cf services to a gr r•'
project (rther than rorchase of supcl ies or
tan(ar'd commercial or mair•4.enanr...
n''t incorporated in -l:. .e-
rrnp^' 't or P.r:nrnvt'd in a<',v?' 'e. by th:. r.=v4 (1,
c• Cr,r1!4 f'' Justice 830816
ADDENDUM (Page 4)
Requests for Proposal (RFP) of invitations for
hid issued by the contractor or a subgrantee to
implement the grant or suhgrant project are to
provide notice of prospective bidders that the
OJJDP organizational conflict of interest
provision is applicable in that contractors that
develop or draft specifications, requirements,
statements of work and/or RFPs for a proposed
procurement shall be excluded from bidding or
submitting a proposal to compete for the award of
such procurement. (LEAA Guideline Manual
M7100. 1A, Chapter 3, Paragraph 49e. )
v) Environmental Impact
Applicant hereby declares that no significant
environmental impact, as defined by the National
Environmental Policy Act of 1969 and OJJDP
Guidelines, may result from implementation of
this program. Further, the applicant hereby
declares that implementation of this program will
have no adverse effect on properties listed in
the National Register of Historic Places. Where
this Declaration cannot be made, the applicant
must attach an Environmental Impact Analysis and
proceed in accordance with OMB Circular A-95
clearance procedures and appropriate OUJDP
Guidelines.
vi ) Clean Air Act - Federal Water Pollution Act
The Clean Air Act, USC 1957 et, seq. , as amended,
by P.L. 91-604; and Executive Order 11602,
require that grants, subgrants or contracts will
not be made to parties convicted of any offense
under the Federal Water Pollution Control Act.
Applicant hereby declares that it has not been
convicted of any offense under the above federal
Acts.
vii ) Additional Provisions
The contractor will comply with the provisions of
the Hatch Act, the Fair Labor Standards Act and
the Uniform Relocation Assistance and Real
Property Acquisition Policy Act of 1970 (P. L.
91-646) .
viii ) Criminal Penalties
"Sec. 651. Whoever embezzles , willfully
misapplies, steals or obtains by fraud any funds,
assets or property which are the subject of a
grant or contract or other form of assistance
pursuant to this title, whether receives,
conceals or retains such funds, assets or
property with intent to convert such funds,
assets or property have been embezzled, willfully
misapplied, stolen or obtained by fraud, shall be
fined not more than $10,000 or imprisoned for not
more than five years or both.
Sec. 652. Whoever knowingly and willfully
falsifies, conceals or covers up by trick, scheme
or device, any material fact in any application
for assistance submitted pursuant to this title,
whether received directly or indirectly from the
administration shall he subject to the provisions
of Section 371 of Title 18 United States Code. "
8 _..0916
ADDENDUM (Page 5 )
ix) 'rivacy Certification
Any contract containing a research or statistical
component in which information identifiable to an
individual is collected, must submit a Privacy
Certificate in compliance with Section 524(a ) of
the Crime Control Act of 1973, as amended .
Contact the Division of Criminal Justice for any
further explanation and a sample certification.
x) Non-Supplanting
The contractor certifies that federal funds will
not be used to supplant state or local finds
pursuant to Section 303 ( 11 ) of the Crime Control
Act of 1973.
6 . New Paragraph 16 is added as follows :
16. RETROACTIVITY AND RATIFICATION
This contract addendum is effective retroactively to
July 1 , 1987, and all actions of the parties hereto
which have taken place prior to the date of execution
of the addendum that are in accordance with the terms
hereof are hereby ratified and confirmed .
7. New Paragraph 17 is added as follows :
17. In the event of any conflict, inconsistency, variance
or incongruity between the provisions of this Contract
Addendum and any of the provisions of this Original
Contract, the provisions of this Contract Addendum
shall in all respects supersede, govern and control .
D. The effective date of this contract Addendum is October 15 , 1987 .
IN WITNESS WHEREOF, the parties hereto have executed this Contract
Addendum on the day first above written.
Contractor
Fun Legal Name) _ Weld County, Colorado
STATE OF COLON. DO
, COVER
Board of County Commissioners
si IVE. DI's
the
Position (Title) airman
84-6000813 DEPARTMENT
soc,,! Security Numturor Fcdcral1.u. Numbcr OF Public Safety
(If Corporal n:)
• 1�p*� �y
Attest (Seal) �u r t4tY" ep re �"""
�---_....., � is n �.
—� 4011m\a ��,%
C .�am Scc ury.m aauk,imr,'ro NGtYiCounp Glut `\N'� At tO
APPROVA00
ATTORNEY GENERAL CONTROLLER
RIGINDI
By-- --- Icy, gat - s ED
880816
EXHIBIT B
COI RADO DIVISION OF CRIMINAL JUSTICE
t1LIVENII.E DIVERSION CASII REQUEST
FORM 14
SUBGRANTEENAMF. _.._....._._....___.__.__ ._....____.--PR—O-JCCTNl1MI3 t _ _..._._.--FATE'__..._.--4.Make warrant payable to: (Do not exceed four lines) .
ame : Street:
•
ttn : City, State , Zip :
----- - - ------ -----___ --- f
FEDERAL $ STATE $ LOCAL $ IN--KIND
1 . Total Award
2. Received Tp Date
3. Requested, Not Rec 'd.
4. Amount of Request
5 . Total Lines 2, 3 & 4 I -
6. Balance of Award
(Line 1 Less Line 5)
7. Estimated Expenditures
For: _
Time Period
8. Less : Estimated Cash --I
Beginning of Month 1
9. Total Cash Needs for
Month (Should Equal
Line 4)
Two signed copies of this form should be
?submitted to DCJ. State Agencies must I^ Project Director
attach an interagency voucher in the I
amount -of ther_equest.- - _L Phone Number
IDCJ Approval : $ I
Amount Program Administrator Date
DCJ Denial -- Reason :
Revised 8/87
880816
IV EVIOZA N _ELI[\/
1j'
(A>
/T/' fi7 / DIVISION OF
"'' CRIMINAL JUSTICE �� ' ' 'l'
• k ,
- 700 Kpl nyJ Sir net I ;lnllU
\+ r.„, .,.r � � D Thvof, roof ado Flo!I!�
��&96 (303) 2394442
DATE: September 25, 1987
TO: A. H. Jewell , Jr.
Department of taw, Office of the Attorney General
FROM. tarry i in (; , Program Administ at T
Community Corrections
SUBJECT juvenile Diversion Contracts Delay
This memo is being submitted per the State Controller - Attorney
General November 25, 1985 memorandum, "Timely Processing of
Contracts"
Juvenile diversion funds , which were part of the Division of Youth
Services budget at the time the Long Bill was released , were then
,transferred to the Division of Criminal Justice the last week of June
at Le end of the legislative session . Because the administration of
the program was transferred to a new agency, extensive preparation was
required before contracts could be ready for processing .
•
The Division of Criminal Justice set up a series of meetings in July
with the juvenile diversion contractors to learn how the program was
handled in the past, to discuss the change in administration of the
program, and to explain the new information the division would need
•
from the contractors in order to meet the requests of the legislature .
During the month of August, allocations were made , the new reporting
forms were developed, and the contract was written by the Division of
Criminal Justice. At the end of the month , contracts were printed and
sent to the contractors , along with instructions on how contractors
should re-format their Exhibit A' s .
Therefore, all juvenile diversion contracts will he delayed because
the program was moved to a new agency just days before the start of
the fiscal year .
If you have any questions, please feel free to contact me at 239-4442 .
C
COLORADO
DEPARTMENT OF
PUBLIC SAFETY 88 816
of �o� MEMORANDUM
w �
DIVISION OF
cn %`v_ _$ - William I ECT R
_ CRIMINAL.JUSTICE -- - -DIRECTOR - -
* 700 Kipling Street,Suite 3000 - - - - -.
x X876 * -Denver,Colorado 80215 -
(303)23942 - -
DATE: January 6, 1988
TO: Beth Gay
FROM: Patricia A. Ransome palAsLckelk a , Ran :Cht,C
SUBJECT: Juvenile Diversion Contract
Enclosed are the four copies of page 5 of the addendum
to your contract. Please have the county clerk attest
and seal all four copies and return them to us as soon
as possible.
If you have any questions, do not hesitate to contact me
at 303-239-4442.
Enc: 4
i of., t jiirt,, 11),,a,_
5/7.22 - v./ , ‘„ cr
IA L�� /
d
‘Ii 2 . i
11
cos
COLORADODEPARTMENT OF pp0 cc
PUBLIC SAFETY BWBZV
ADDENDUM (Page 5)
ix) Privacy Certification
Any contract containing a research or statistical
component in which information ident:fiabie td an
individual is collected, must submit a Privacy
Certificate in compliance with Sector 524(a ) of
the Crime Control Act of 1973, as amended.
• Contact the Division of Criminal Justice for any
further explanation and a sample certification.
x) Non-Supplanting
The contractor certifies that federal funds Hill
not be used to supplant state or local fends
pursuant to Section 303 ( 11 ) of the Crime Control
Oct of 1973.
6 . New Paragraph 16 is added as follows:
15. RETROA:TIVITY AND RATIFICATION
This contract addendum is effective ret:rcactively to
July 1 , 1987, and all actions of the parties hereto
which nave taken place prior to the date of execution
of the addendum that are in accordance with the terms
hereof are hereby ratified and confirmed.
7. New Paragraph 17 is added as follows :
17. In the event of any conflict, inconsistency, variance
or incongruity between the provisions of this Contract
Addendum and any of the provisions of this Original
Contract, the provisions of this Contract Addendum
shall in all respects supersede, govern and control .
D. The effective date of this contract Addendum is October 15, 1987 .
IN WITNESS WHEREOF, the parties hereto have executed this Contract
Addendum on the day first above written.
Contractor :
(Full Legal Name)_ Weld County, Colorado STATE OF COLORADO
ROY ROMER, GOVERNOR
Board of County Commissioners
By
7 -- —
for 's EXECUTIVE nn r=.c'roH. •
the
Position (Title(_ hai rman
-- 84-6000813 DEPARTMENT
SC.ur. Secant) Number or Federal 1.0. Humber OF Public Safety
(II Corporal
Attest (Seal)
�By _ .-
Corrywu. Seer nary.0' Equivalent, 0a0/City/County Clerk
APPROVALS
ATTORNEY GI:NC?ILAL CON'I'ROLITR
13y- - -- By
8840816
Hello