Loading...
HomeMy WebLinkAbout940546.tiff RESOLUTION RE: APPROVE CONTRACT FOR JUVENILE DIVERSION PROGRAM, INTENSIVE FAMILY INTERVENTION PROGRAM, WITH COLORADO DEPARTMENT OF PUBLIC SAFETY, DIVISION OF CRIMINAL JUSTICE, AND AUTHORIZE CHAIRMAN TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Contract for the Juvenile Diversion Program, Intensive Family Intervention Program, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Office of the District Attorney, 19th Judicial District, and the Colorado Department of Public Safety, Division of Criminal Justice, commencing July 1, 1994, and ending June 30, 1995, 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 the Juvenile Diversion Program, Intensive Family Intervention Program, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Office of the District Attorney, 19th Judicial District, and the Colorado Department of Public Safety, Division of Criminal Justice, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman 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 13th day of June, A.D. , 1994. Lead? BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk to the Board /f;, , �j( j W. . Webster, Chair an BY: S � 1 3 �V J Deputy C rk to the Board Dare Hall, rq- em APPROVED AS TO FORM: Geor . Baxter County At orney Constance L. Harbe � '1 K >i arbara J. Kirk eyer 00 , �/3 ( V mo4{ ll /�'�enam w - orf , ) 940546 MAMA U cor,irdc4 Form 6-AC-02A(R 1/93) DEPARTMENT OE AGENCY NAME Public Safety DEPARTMENT OR AGENCY NUMBER RAA 460000 ROUTING NUMBER CONTRACT THIS CONTRACT,Made this 1st day of July 199 4 ,by and between the State of Cdorado for the use and benefit of the Department of•1 Public Safety. Division of Criminal Justice. 700 Kiplinx Street. Suite 1000. Denver. Colnrarin 80215 earthmen referred tonne Sure,men Office of the District Attorney, 19th Judicial District, P. 0. Box 1167. Gree]ev. Colorado 80634 bereieader referred ton be contractor, WHEREAS,authority exists in the Law and Funds have been budgeted,appropriated and otherwise made available and a sufficient uncommitted balance thereof remains available for encumbering and subsequent payment of this contract under Enamberance Number in Fund Number 100 , Appropriation Account 765 and Organization 11062 WHEREAS,required approval,clearance and coordination has been accomplished from and with appropriate agencies;and WHEREAS•a the Department of Public Safety,Division of Criminal Justice,is authorized by C.R.S.,Article 2.5,Title 19-2-303, to manage, supervise and control juvenile diversion programs;and WHEREAS,this contract will be for the time period July 1, 1994 through June 30, 1995;and WHEREAS,the Colorado General Assembly has appropriated sufficient funds for ongoing end new juvenile diversion programs, as defined in the"Colorado Children's Code," for Fiscal Year 19941995(July 1, 1994 to June 30, 1995); and WHEREAS,the Contractor has the ability to manage and deliver programs and services to divert delinquent youth from further involvement in the juvenile justice system and correctional system;and WHEREAS,the Contractor was selected to deliver Juvenile Diversion services in compliance with State procurement rules through RFP //BF-02994. NOW THEREFORE,it is hereby agreed that 1' 4 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. Services shall be provided by the Contractor in accordance with the program proposal dated July 1, 1994 through June 30, 1995, which is incorporated and made a part hereof as if fully set forth herein, and attached hereto for reference as Exhibit A. c. Funds provided through this contract shall support supervision and services to delinquent youth as follows: it At least 75 percent of the youth served by the Contractor shall have been taken into temporary custody more than once for crimes which would constitute a misdemeanor or once for a crime which constitutes a felony; Page 1 of 11 pages •(See instruction,m reverse of last page) 395-53-01-1014 (R 1/93) 940546 ii) No more than 25 percent of the number of youth served by the Contractor shall have been taken into temporary custody for a single crime which would constitute a misdemeanor. Prior approval for variances to these ratios must be provided in writing by the State. 2. MAXIMUM FUNDING a. The State shall provide no more than 75 percent of total project funds during the contract period and the Contractor shall provide at least 25 percent of the funds during the contract period, commencing July 1, 1994. The State share is $49,829.00. The Contractor's share is $16,610.00 and may be in the form of cash or in-kind services or supplies. b. 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 $49,829.00 for the purchase of community-based services providing the Contractor has met the requirement of providing its share of $16,610.00 in cash or in-kind match. The total disbursement under this contract shall not exceed $49,829.00. c. The monies provided herein shall only be expended for purposes of the Projects as set forth in Exhibit A. 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 travel, including the rental property, which are used by the Contractor in providing 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) State funds may be advanced on a quarterly basis. Such advance of State funds shall be based on anticipated program expenditures during the quarter as reflected on a written form provided by the State, (this form is attached to this contract as Exhibit B). At no time shall the total of those quarterly advances exceed the pro- rated amount of State share of the contract for the quarter and expired months of the contract period, unless prior written approval has been received from the State. ii) The first quarterly advance may be requested on the form attached as Exhibit B. Subsequent advances shall be made only after the State has received and approved that form, (Exhibit B), the form attached to this contract as Exhibit C, and required data collection forms. State approval shall be based on actual expenditures rates and estimated expenditures for program activities described in Exhibit A. iii) The Contractor shall report to the State on the form attached as Page 2 of 11 Pages 940546 received to support program activities. Such local contributions shall equal at least 25 percent of total program expenditures during the contract period. iv) The Contractor will adhere to written accounting procedures established by the State in accordance with Exhibit B and Exhibit C; and v) The Contractor will identify any cost allocation methods used in distributing portions costs. c. The State shall disallow the reimbursement of expenditures or funding advances that are determined by the State to be for: i) Alcoholic beverages; ii) Costs not incurred during the contract period; iii) Program costs not approved by the State in Exhibit A; iv) Bank overdraft charges or penalty interest expenses; and v) 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 be 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 be immediately notified of bond cancellation either by the underwriter or the Contractor. A copy of the certificate of the Fidelity Bond is attached to the Exhibit A, documenting coverage during the entire contract period. • b. Within thirty (30) days of the end of the contract period, the Contractor shall submit to the State a final record of Expenditures using the form attached as Exhibit C. Any monies dispersed in excess of actual costs and expenditures as reflected by that report shall be refunded to the State by the Contractor within the same thirty (30) day period. c. Within thirty (30) days of the end of the contract period, the Contractor shall refund to the State any share of the State contribution not matched by the required local cash and/or in-kind contribution. d. The Contractor agrees to complete and pay the cost of an independent fiscal audit for the contract period and deliver such audit to the State within nine (9) months of the end of the contract period. Such requirement may be waived, all or in part, by the State. e. 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 Page 3 of 11 Pages 940546 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 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 may be permitted by the law to be released as requested by the State, including but not limited to: it 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; vl 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. Such information requests shall be made thirty (30) days in advance and shall not require data collection or analysis on variables not routinely collected by the contractor. 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. 6. PERIOD OF PERFORMANCE The period of performance shall be from July 1, 1994 to June 30, 1995. 7. SUBCONTRACTS a. The parties of the subcontract recognize that none of the rights, duties or obligations arising under this contract may be assigned or delegated without the prior written consent of the State. Page 4 of 11 Pages 940546 • b. All subcontracts entered into by the Contractor pursuant to this contract shall not be valid without prior approval of the State. A copy of subcontract(s) is/are incorporated herein, attached hereto and made a part hereof by this reference as Exhibit D. 8. 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. Nothing in this paragraph shall be construed in any way to prevent the Contractor from releasing information to authorized parties during the normal legal conduct of the Contractor's business. 9. 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. iii) Individual case files that: a) include records of services described in the Exhibit A; b) document the participants' eligibility as defined by state law; and c) contain a copy of the completed participant termination form. e. Submit completed Juvenile Diversion Client Termination Forms to the State within thirty (30) days of termination of each clilent identified as meeting the eligibility criteria as defined herein. f. Make available to the State, prior to execution of this contract, a copy of the following documents as applicable: Page 5 of 11 Pages 940546 i) Certificate and articles of incorporation; ii) Internal Revenue Service tax exempt status letter; iii) Names of persons serving on Board of Directors; iv) Corporation by-laws; v) Names of persons authorized to sign payroll and expense checks of the Contractor. g. Comply with all federal and state laws, including the Immigration Reform Control Act in all hiring practices. h. Comply with all applicable titles of the Americans with Disabilities Act (Public Law 101.336) and to submit documentation as required by the State to demonstrate compliance with this act. 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. j. Maintain and make available to the State at any time upon request, operating policies and procedures which shall include policies on conflicts of interest, non-discrimination concerning race, color,creed,national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age. k. Maintain in full force and effect comprehensive general liability insurance and property damage insurance with limits of at least 3150,000 for bodily injury to any one person, 5500,000 for any one occurrence, 8500,000 for property damage or a total amount of S1,000,000. 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 (30) days prior to cancellation and must obtain new insurance coverage prior to the effective date of the cancellation. Certificates documenting such coverage during the entire contract period shall be provided to the State in Exhibit A of this contract. Amounts of coverage required by this contract shall be superceded by the Colorado Governmental Immunity Act, where applicable. Maintain in full force and effect Comprehensive Automobile Liability and Property Damage Insurance (limit of liability 3600,000, 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. m. The Contractor's liability insurance must establish the State of Colorado as "additional insured." The Contractor shall attach a copy of the "Additional Insured" endorsement, establishing such additional insured status. No payments will be made until this additional insured endorsement is received. Page 6 of 11 Pages 940546 n. Maintain in full force and effect Standard Workman's Compensation and Employer's Liability, including occupational disease, covering all employees engaged in performance of the work at the site, in the amount required by State statutes. If workman's compensation insurance is carried by the State Compensation Insurance Fund, evidence of such coverage shall be submitted on the Certificate of Insurance Form; if by private carrier, on Certificate of Insurance, State Form SC-6.222. o. 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 occurred. p. Screen, select, and supervise volunteers who interact with juveniles assigned to the program in a manner than insures compliance with contractual requirements and accountability with program services and policies described in Exhibit A. Contractor is responsible for the actions and omissions of such volunteers. 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. 10. 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: Title: 11. 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. Page 7 of 11 Pages 940546 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. Any 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 ($1,000.001; ii) Any real property in which the person has a direct or indirect interest worth more than one thousand dollars (51,000.00); iii) Any source of income, loans, or gifts aggregating two hundred and fifty dollars (8250.00) 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 mean 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 of the ownership interest. Said person has a substantial economic interest in a trust when the person or an above-defined relative has a present or future interest worth more than one thousand dollars (81,000.00). 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. 12. CONTRACT MODIFICATIONS, CHANGES OR AMENDMENTS 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. Page 8 of 11 Pages 940546 13. INDEPENDENT CONTRACTOR The Contractor shall render services under this contract as an independent Contractor, not as an employee, 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 or work, except as provided herein. Neither the Contractor nor the employees of the Contractor shall be construed as agents or employees of the State for any purpose. Contractor shall pay when due all required employment taxes and income tax withholding, shall provide and keep in force worker's compensation land show proof of such insurance)and unemployment compensation insurance in the amounts required by law, and shall be solely responsible for the acts of the Contractor, its employees and agents. 14. CONTRACT STATEMENT TO HOLD HARMLESS 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. To the extent permitted by law 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. Nothing in this indemnity agreement shall be construed in any way to be a waiver by the Contractor of the protections which are granted to the Contractor and its employees under the Colorado Governmental Immunity Act, C.R.S. 24-10-101, et seq., as amended. 15. PERFORMANCE OF CONDITION PRECEDENT TO VALIDITY OF CONTRACT The Contractor and the State each certifies that all conditions precedent to the valid execution of the contract on its part have been satisfied. 16. CONTRACT TERMINATION • 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 130) 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 9 of 11 Pages 940546 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 payment of money by the State. FUND AVAILABILITY 2.Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated,budgeted, and otherwise made available. 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 work for this State,the contractor shall,before entering upon the performance of any such work included in this contract,duly execute and deliver to the State official who will sign the contract,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 upon the 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,provisions,provendor or other supplies used or consumed by such contractor or his subcontractor in performance of the work contracted to be done or fails to pay any person who supplies rental machinery,tools,or equipment in the prosecution of the work 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 is executed,delivered and filed,no claim in favor of the contractor arising under such 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 CRS 38-26-106. INDEMNIFICATION 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,subcontractors,or assignees pursuant to the terms of this contract. DISCRIMINATION 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(CRS 24-34-402),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: _(a) 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 advertisings; 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. (b)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. (c)The contractor will send to each labor union or representative of workers with which he has a 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. (d)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. (e)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. (f)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. Form 6-AC-028 Revised 1/93 395-53.014022 page_la of pages 940546 • (g)In the event of the contractor's non-compliance with the non-discrimination clauses of this contract 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 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 bylaw. (h)The contractor will include the provisions of paragraphs(a)through(h)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 such litigation to protect the interest of the State of Colorado. COLORADO LABOR PREFERENCE 6a.Provisions of CRS 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. 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 subsection shall be suspended,but only to the extent necessary to prevent denial of the moneys or to eliminate the inconsistency with Federal requirements(CRS 8-19.101 and 102) 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 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, defence,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. 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 aver that they are familiar with CRS 18-8-301,et.seq.,(Bribery and Corrupt Influences)and CRS 18.8-401,et.seq.,(Abuse of Public Office), and that no violation of such provisions is present. 10.The signatories aver that to their knowledge,no state employee has any personal or beneficial 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: . (Full Legal Name) COUNTY BOARD OF COMMISSIONERS STATE OF COLORADO 14 ) / ROY ROMER,GOVERNOR 06 15/94 W. H. WEBSTER By •S EXECUTIVE DIRECTOR Position(Title) CHAIRMAN 84-6000813 sot- urlty Punster or eral l.D. DEPARTMENT If Corporation:) G� OF Public Safety Attest(Seal • • /^ --�/jj'' BY .f 11A-) net'Clerk TO BOARD APPROVALS ATTORNEY GENERAL CONTROLLER By By Form 6-AC-02C page 11 which is the last of 11 • Revised 1/93 pages 30333.01-1630 egos instructions on reverse side. 940546 • *INSTRUCTIONS (I) Insert official Department designations, e.g., Administration, Local Afars, etc. as appropriate. (2) Set forth company(ies)or individuals)name(s)and address(es). (3) Insert a brief statement indicating reasons for contract,e.g.,"The contractor having special knowledge,expertise and skill in diagnosing and testing diseases affecting cattle;and."Use as many"Whereas's"as required.If additional space is required continue to above words"NOW,THEREFORE;"and state"con- tinued on page 2". On page 2, state"Whereas continued from page I" if required. (4) Specify clearly the goods or services contracted for,the consideration moving from one party to the other,the time within the contract is to be executed, limitations on assignments,if any,and special provisions desired,or required.Seek legal assistance when in doubt.Separate each principal item and number con- secutively using as many pages as necessary. (5) If a delegee signs for the Executive Director place the words"FOR THE" before the word "EXECUTIVE" Autographic,as distinguished from stamped,signatures should,as a minimum,be affixed to the original,which will be filed by the Division of Accounts and Control,and two counterparts,one of which shall be transmitted to the contractor.If there is more than one contractor a copy so signed will be sent to each,thus requiring additional autographic signatures. EXHIBIT "B" COLORADO DIVISION OF CRIMINAL JUSTICE JUVENILE DIVERSION CASH REQUEST Contractor Name Contract Number Date of Request Make warrant payable to: Agency Name: Street: City, State, Zip: 1. Total Amount of State Contract $ 2. Total Amount Received to Date $ 3. Total Amount Requested, Not Received $ 4. Total Amount of This Request $ 5. Total of Lines 2, 3 & 4 $ 6. BALANCE OF STATE CONTRACT (Line 1 less Line 5) $ 7. Estimated Expenditures for Next Quarter $ 8. Less Estimated Cash on Hand $ 9. Total Cash Needs • (Line 7 less line 8) (Must equal line 4) $ Project Director's Signature Phone #: ( ) TWO signed copies of this form CJ:must be submitted to D with ORIGINAL signatures. I DCJ Approval Program Administrator Date $ Amount Vendor Number (For DCJ Use Only): 763 $ 764 $ 765 $ 3194 ' 940546 EXHIBIT "C" COLORADO DIVISION OF CRIMINAL JUSTICE JUVENILE DIVERSION FINANCIAL REPORT CONTRACTOR NAME CONTRACT NUMBER DATE Time Period Covered by this Report Report Number From To 1 2 3 4 Final In-kind Match Contract Status State Funds Local Cash Match (in $) Total Funds ..... ........ ..... ...... ... Total Award Less $ Rec'd. Balance A B C r STATE FUNDS Expenditure Total Beg. of Total Approved Quarter (C Expenditure • Budget (See on Prey. ! Expenditure to Date Unpaid! Budget o Ex. . ` g CategoryA) Report) This Quarter '; (A +;B) Obligations Sa Personnel Supplies/Operating Travel Equipment Professional Services TOTAL LOCAL CASH Expenditure MATCH Total r. Beg. of Total Approved Quarter (C "Expenditure Budget (See on Prey. Expenditure to Date Unpaid Budget Category Ex. A) Report) This Quarter ! (A + B) Obligations Personnel Supplies/Operating Travel Equipment Professional Services TOTAL 940546 A B C LOCAL IN-KIND Expenditure MATCH ! Total Beg. of Total Approved Quarter (C Expenditure Budget(See on Prev. Expenditure to Date Unpaid Budget Category Ex. A) Report) This Quarter ' (A +.B) Obligations Personnel Supplies/Operating Travel Equipment Professional Services TOTAL If calculations for in-kind services differ from your explanation in Exhibit A, please describe changes in detail. Attach additional sheets, if necessary. I certify that to the best of my knowledge and belief this report is correct and complete and that all expenditures and unpaid obligations are for the purposes set forth in the contract. Report Prepared By: Phone: Project Director's Signature Mail TWO copies of this form to DCI within 15 days following the end of each quarter. All signatures must be ORIGINAL. Revised 5A4 • 940546 WELD COUNTY (994 JUN -8 PM 4: 12 CLERK TO THE BOARD MEMORANDUM TO: Weld County Board Of Commissioners FROM: Nancy McMenamin N` DATE: 6/7/94 RE: Juvenile Diversion DCJ Grant - 1994-1995 We are pleased to inform you that the Juvenile Diversion Program has been awarded an additional grant for the "Intensive Family Intervention Program" for 1994-95 . Please sign the three (3) attached contracts where I have designated and return to me. Thank you for your continued support. 940546 Hello