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RESOLUTION
RE: APPROVE CONTRACT BETWEEN COLORADO DEPARTMENT OF PUBLIC SAFETY, DIVISION OF
CRIMINAL JUSTICE, AND WELD COUNTY COMMUNITY CORRECTIONS BOARD 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 between Colorado
Department of Public Safety, Division of Criminal Justice, and Weld County
Community Corrections Board, commencing July 1, 1992, and ending June 30, 1993,
with the 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 between Colorado Department of Public Safety,
Division of Criminal Justice, and Weld County Community Corrections Board 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 10th day of August, A.D. , 1992, nunc pro
tunc July 1, 1992.
17 BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld County Clerk to the Board EXCUSED
/// Ge ge Kennedy, Chairman
BY: 4,0_19 L �f ` .t4
Deputy C r to the Board Constance L. HarLert, Pro-Tem
APPROVED AS ! FORM: EXCUSED
C. W. Kir
County Attorney Go . L y
W. H. Webs er
920750
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• a DEPARTMENT OR AGEiLY NAME
4 1992 Public Safety
AUG DEPARiMENrOR AGENCY NUMBER
460000 RAA
ROUTING NUMBER 93 00 s_
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CONTRACT'
THIS CONTRACT,Made this 1st day of July 199 2 ,by and between the State of
Colorado for the use and benefit of the Department of Public Safety, Division of Criminal Justice,
700 Kipline Street, Denver, Colorado 80215
hereinafter referred toas the state,Ma'Z Board of Commissioners of Weld County, on behalf of Weld
County Community Corrections Board. P.O. Box 758. Greeley. Colorado 806,32
hereinafter referred to as the 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 Encumberance
NumbeSC3Oc3in Fund Number 100. , Appropriation Account 791/792 and organization DC61
WHEREAS,required approval,clearance and coordination has been accomplished from and with appropriate agencies:and
WHEREAS'3
the State is authorized by Article 27, Title 17, C.R.S., as amended, to
administer and execute all contracts with units of local government, corrections
boards, or nongovernmental agencies for the provision of community correctional
facilities and programs as defined pursuant to Article 27, Title 17, C.R.S., as
amended.
WHEREAS, the Contractor is authorized to enter into agreements with the State
as a result of the statutory reference, resolution or ordinance attached, marked as
Exhibit "E" and incorporated herein by reference.
NOW THEREFORE,it is hereby agreed that
THE STATE SHALL:
A. Payment for Services.
1) Advance funds on a quarterly basis to 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.K. herein, payment shall be offset
against advances up to a maximum total payment of:
•
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'(See instructions on reverse of last page)
393-53-01-1014
<R 5/90 920750
$ 450.118 for residential transition placements at a daily rate of
$30.83 per offender,
$ 187,169 for residential transition placements for specialized
services as described in Exhibit "A" at a daily rate of $45.21 per offender,
for services provided July 1, 1992 through September 30, 1992. This
amount may be increased by 555,405 for services provided October 1,
1992 through June 30, 1993 for a total contract amount not to exceed
$742,574 for services provided July 1, 1992 through June 30, 1993 if
the Residential Treatment Center, a subcontractor of the contractor, is the
successful bidder of the R.F.P. for CIRT services. This increase will be
accomplished through a letter of approval as provided in paragraph 1.A.4.
$ 348,841 for residential diversion direct sentence and diversion
condition of probation placements at a daily rate of $30.83 per offender,
$ 66,890 for diversion non-residential placements at no more than
$257.00 per month per offender, not to exceed an average of $5.39 per
day per offender,
$30.83 per day per offender for diversion residential services provided for
offenders referred from the 11th and 16th judicial districts, not to exceed
allocations determined by the State,
$30.83 per day per offender for residential parole placements,
per diem supplements to provide specialized services, with prior approval
by the State, for offenders with special needs, and
no more than $255.00 per month per offender for non-residential ISP
placements.
3) Payment pursuant to this Contract shall be made as earned, in whole or
in part, from available State funds encumbered in an amount not to
exceed $20,126,053.00 for the purchase of community corrections
services for all Contractors, subject to limitation, provided in Paragraph
1.A.3., herein. It is further understood and agreed that the maximum
amount of State funds available for fiscal year 1992-93 for the purchase
of community corrections services is in the amount of $20,126,053.00.
Total liability of the State, at any time, for such payments shall be limited
to the unencumbered amount remaining of such funds.
4) Changes in total reimbursement amounts for the above named services in
consideration of increased or decreased levels of utilization in the original
contract shall be made by a mutually signed letter of approval which shall
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include the following:
a) Identification of Contract by Contract number and number of
affected paragraph;
b) Amount of increase or decrease in funding;
c) Effective date of the funding change;
d) Authorized signatures of the State, the Contractor and the State
Controller. It is understood that no change except funding amounts
and resulting changes in utilization shall be made through the letter
of approval.
5) The Contractor shall not be paid for the first day an offender participated
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.
6) The community corrections board, or the unit of local government that
established the board, may use up to five percent (5%) of the total
residential transition, residential diversion, and diversion non-residential
allocation for administrative purposes. The board or unit of local
government may opt to perform any or all of the following functions to be
eligible to receive the administrative funds:
a) Option 1: Administer contracts with approved service providers and
administer payments to subcontractors - eligible for up to two
percent (2%) of the funds.
b) Option 2: Provide staffing support for local boards to conduct
regular business and screening functions; and in coordination with
state agencies, provide oversight functions of service providers,
including on-site monitoring at least once each month and enforcing
the implementation of plans to bring providers in compliance with
program standards - eligible for up to three percent (3%) of funds.
7) 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 State.
Reimbursement for any single client in residential diversion community
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corrections as a condition of probation shall be limited to a maximum of
thirty (30) days.
8) The Contractor may transfer up to ten percent (10%) of the total
allocation between the transition and diversion line items listed in
paragraph 1.A.2., except that transition funds may not be transferred to
residential programs in the diversion line item. Any transfer must first be
reviewed and approved in writing by the State.
9) 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.
10) Any unexpended funds allocated or advanced to the Contractor by this
contract shall be reverted to the State no later than July 10, 1993.
B. Subcontracts. Contractor may subcontract for community corrections services
with any private agency or unit of local government for the purpose of
rendering services to offenders, providing, however,that any subcontracts shall
comply with the terms and provisions of this contract and all applicable
sections of Article 27, Title 17, C.R.S., as amended. Any reference in this
agreement to "Contractor" shall also apply to its subcontractors providing
services pursuant to Article 27, Title 17, C.R.S., as amended. Copies of any
subcontracts shall be provided to the State by October 1, 1992, or within thirty
days following the use of a new subcontractor. No payment shall be authorized
unless the appropriate subcontract has been executed and the services
specified in the approved subcontract have actually been provided.
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 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 Department (SJD):
1) "On-grounds leave" based on a pass earned by the offender for a short
period of time, ranging from one hour up to forty-eight (48) hours.
2) "Off-grounds leave" for the purpose of which is to conduct a hearing or
assessment regarding the continuation of the offender in community
corrections, for a maximum allowable period of three (3) days.
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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 State determines that the programs
or facilities of the Contractor are not in compliance with this contract.
Overpayments made by the State, in the event of non-compliance, shall be
recoverable by the State 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. Provide community correctional services through programs 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 State for the provision of services to 1) offenders
referred by DOC pursuant to Section 17-27-106(4)(a), C.R.S.; 2) offenders
referred by SJD pursuant to Section 17-27-105(1), C.R.S.; 3) offenders
referred by the State Board of Parole pursuant to 17-27-106.5, C.R.S. or, 4)
offenders referred by SJD pursuant to 19-2-703(c) or 19-2-801(2)(a). A copy
of such proposal submitted by the Contractor is available at the Division of
Criminal Justice, marked as Contractor's Exhibit "A".
C. Standards. Meet, maintain, and comply with all applicable guidelines or
standards as provided in Article 27, Title 17, C.R.S., as amended, and the
"Colorado Community Corrections Standards", attached, marked as Exhibit "F"
and incorporated herein by reference. Non-compliance with standards may
result in reduction of compensation rates as specified in paragraph 1.A.2;
cessation of offender placements in the program; implementation of a
competitive bid process, coordinated with the local community corrections
board, to consider alternate program providers;or cancellation of the contract.
D. 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.
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E. Client Files. Maintain individual files for each offender participating in the
Contractor's program as required by DOC/SJD. 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.
F. Reports. Provide timely, prompt, and accurate reports as are or may be
required by the State, DOC, or SJD during the period of the contract, which
include but are not limited to statistical reports, caseload data, Community
Corrections Client Information Forms, and other records documenting the types
of services provided and the identity of the individual offenders receiving such
services. The Community Corrections Client Information Form must be
submitted to the State within forty-five (45) days of termination of each client.
G. Review and Inspection. Make both fiscal and program files available within
three (3) working days for review and inspection by the State, DOC, or SJD to
assure that the Contractor is providing the services and financial records
required by this contract.
H. Unauthorized Absence. Notify DOC or SJD, through the appropriate
probation/parole officer, within four(4) hours after an offender becomes absent
from the program without authorization. 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/SJD notifies the Contractor that it does
desire to have the position kept available. The State shall compensate the
Contractor at full rate the day the offender escapes, and at 50% per diem the
next day if DOC/SJD desires the position to be kept available.
Absence Due to Arrest. Notify DOC/SJD 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 written
permission from DOC/SJD, the State shall compensate the Contractor at full
rate for the day the offender is arrested, and at 50% of the regular per diem
rate for up to seven (7) days for maintaining the availability of a position during
the offender's absence.
J. Additional Services. Obtain prior written approval from the State before
providing any additional billable services or evaluations not provided for by the
terms and conditions of this contract. If services are provided by the
Contractor which exceed the maximum total payment as described in Paragraph
1.A.2., the State is not liable for reimbursement. Should additional funding
become available, the State may, at its own option, choose to reimburse
beyond the amount specified in Paragraph 1.A.2.
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K. Method of Billing. Bill the State for services provided on such forms and in
such manner as the State may require. Billings shall be submitted on the
Community Corrections Billing forms, available at the Division of Criminal
Justice, sample forms attached, marked as Exhibit "B" and incorporated herein
by reference. In order for the billing to be accepted by the State, the signature
of the appropriate probation or parole officer confirming the accuracy of the
billing is required. The Contractor shall send the Colorado Community
Corrections Monthly Expenditures Summary Form, available at the Division of
Criminal Justice,sample form attached, marked as Exhibit"G" and incorporated
herein by reference, to the State within thirty (30) days following the end of
each month, with all billings attached. The Contractor shall report the total
costs of its program to the State within ten (10) days after the end of the fiscal
year. The State may require the Contractor to provide an estimate of final year-
end expenditures anytime within sixty (60) days prior to the end of the fiscal
year. The Contractor agrees to use funds on an equal quarterly basis, unless
authorized otherwise by the State. If actual quarterly expenditures are less
than the quarterly advance by more than twenty percent (20%), subsequent
quarterly payments shall be reduced accordingly.
L. Reimbursement by Client. The Contractor shall charge each offender
participating in a residential program the reasonable costs of the services not
covered by state payments. The charges shall be collected on an ability to pay
basis, but shall not exceed nine dollars ($9.00) per day while in residential
placement. Offenders in non-residential placement shall be charged an amount
that averages 20% of the amount billed to the State as described in paragraph
1.A.2. (i.e., the offenders are charged one dollar for every five dollars paid by
the State for non-residential services). 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 recordkeeping to the State, the local community corrections board, and the
referring agency.
M. Insoections. Allow DCJ, DOC, SJD, or Health Department employees to
inspect, with or without notice, the facilities, records, and services provided by
the Contractor to determine the conditions under which the offenders are
housed and treated.
N. 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:
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1. Comprehensive General Public Liability and Property Damage Insurance:
Limit of Liability $500,000. Combined Single Limit for Bodily Injury and
Property Damage.
2. Comprehensive Auto Liability and Property Damage Insurance: Limit of
Liability $500,000. Combined Single Limit for Bodily Injury and Property
Damage.
The Contractor shall furnish the State with written certification of such liability
and property damage insurance policy(s) 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 the cancellation and must
obtain new insurance coverage prior to the effective date of the cancellation.
Non-owned automobile liability coverage in the same amounts is required if
staff use their own automobiles for business purposes. If offenders are not
transported by the program, a statement from the authorized official shall
certify that offenders are not transported by program staff or agents and such
statement shall be attached to Exhibit "C".
The Contractor shall 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.
The Contractor shall attach proof of adequate insurance coverage, marked as
Exhibit "C" and incorporated herein by reference, in compliance with paragraph
N, herein.
O. 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 SJD). The State shall
compensate the Contractor at the full rate the day an offender is placed in a
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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.
P. 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 to have full access to and a
right to examine and copy any of the above materials during such period.
Q. 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/SJD.
R. 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.
S. Suoervision. Provide 24-hour-a-day,seven-day-a-week staff supervision of the
offenders assigned to the facility as specified in the "Colorado Community
Corrections Standards".
T. State and Local Regulations. Comply with all state and local health, safety,
fire, building and zoning requirements.
U. Fiscal Accounting of Clients. Maintain an accurate fiscal accounting of the
earnings of all offenders assigned to their program or facility including, but not
limited to: gross earning, net earning, federal, state and local taxes paid,
amount of restitution agreed to and paid, savings account, subsistence charged
and collected, and any other outstanding financial obligations.
V. Information Provided. Provide information upon request of the appropriate
DOC/SJD officers regarding the activities and adjustment of offenders assigned
to their program. Collect, maintain and make available to DOC/SJD 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.
W. Fiscal Audit. Provide a complete independent fiscal audit for the contract
period and deliver such audit to the State upon request. Such requirement may
be waived, all or in part, by the State.
3. MUTUAL PROVISIONS:
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A. Effective Dates. The period of this contract shall be from July 1, 1992,
through June 30, 1993.
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 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.
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 written
notice of cancellation either mailed to or personally served upon the other party
at the addresses as stated in this contract. Any notice of termination must be
mailed by certified mail, return receipt requested,or personally delivered at least
fifteen (15) days prior to the effective date of such cancellation.
E. Modification. This contract consists of (1) this document, (2) the proposal
submitted to the State for the provision of services to offenders in the custody
of the State which is marked as Contractor's Exhibit "A", a copy of which is
attached hereto and identified for reference as Exhibit "A", (3) proof of
adequate insurance coverage in compliance with 2.N. herein marked as Exhibit
"C", (4) sole source letter marked as Exhibit "D", (5) resolution, ordinance or
statute authorizing the Contractor to enter into an agreement with the State to
provide community correctional services marked as Exhibit "E", and (6)
"Colorado Community Corrections Standards" marked as Exhibit "F". In the
event there are any inconsistencies, ambiguities, or omissions between this
document and Contractor's Exhibit "A", Exhibit "C", Exhibit "D", Exhibit "E",
or Exhibit "F", this document shall govern over the provisions of Contractor's
Exhibit "A", Exhibit "C", Exhibit "D", Exhibit "E", or Exhibit "F".
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.
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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 State and the Contractor, and nothing contained in this contract
shall give or allow any claim or right of action whatsoever by any other or third
person, with the exception of community corrections boards authorized to
administer local programs; otherwise, it is the express intent of the parties to
this contract that any person receiving services or benefits under this contract
shall be deemed an incidental beneficiary only.
H. Notice. Any notice provided for in this contract shall be in writing and served
by personal delivery or by registered or certified mail, return receipt requested
and postage prepaid, at the addresses listed below under the signature of each
party to this contract, until such time as written notice of a change of address
is given to the said parties.
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Fa f•AC 4cB
SPECIAL PROVISIONS
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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 payable after the fiscal year are contingent upon funds for that purpose being appropriated,budgeted and otherwise made
available.
BOND REQUIREMENT
3.If this contract involved 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 contract,
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 execute 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,provisions,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.
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(24-34-402.CRS 1988 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 beramse of race,creed,color,national origin,sex,marital status,religion,
ancestry,mental or physical handicap,or age.The contractor will take affirmative action to insure that applicants are employed,and that employees are treated
during employment,without regard to the above mentioned characteristics.Such action shall include,but not be limited to the following:employment,upgrading,
demotion,or transfer,recruitment or recruitment advertising;lay-offs or terminations;rates of pay or other forms of compensation;and selection for training,
including apprenticeship.the contractor agrees to post in conspicuous places,available to employees and applicants for employment.
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 agreements or other contract or understanding,
notice to be provided by the contracting officer,advertising 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 organizations,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 handicap,race,creed,
color,sex,age,national origin,or ancestry.(24-34-402(I)(c))
(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 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.(24-34--402(1)(e))
Revised 5/9 1 f•"
395-53-01-1022 Page 12 of 13 pages s
Form,6-AC-02C t's".• ."Th
• - (7f1n 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 cancelled,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 others 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, subcontractor and purchase order,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 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 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 wouldmherwise 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(section 8-19-102,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 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.
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 witn 18-8-301,et seq..(Bribery and Corrupt Influences)and 18-8-401,et.seq.,(Abuse of Public Office),CRS
1986 Replacement Vol.,and that no violation of such provisions is present.
10.The signatories aver that to their knowledge,no stare employee has a personal or beneficial interest whatsoever in the service or property described herein:
IN WITNESS WHEREOF,the panics hereto have executed this Contract on the day first above written.
Contractor:
STATE OF COLORADO
Weld County Name) y Community Corrections • IM , OVERNI�,:
Board
/� •S DIRECTOR
Position(Title) Chairman, Community Corrections DEPARTMENT
Board • OF Public Safety
Social Security Number a Federal I.D.Number
(If Corporation:)
Attest( cal) '
--1611-1—
Corporation Secretary.or Equivalent.Town/City/County/Clerk
.GALE A.NORTON APPR S
ATTORNEY GE ] •
A , A ,f•�
By — CO RO (A.rJ I .- ��Ai 1.)(11 is)
�f ,��,�L I IFFOR'-, W. +I
hairm44/
f Co�A!t% oth
WELD pOUNTY CLERK TQ"THE BOARD
BY: if- fK.!/- <,:�c
.O F)S93-T3-o I-1 (ReyisedTO BOARD--
Page i,3vhich is the nearer get _
'Sec innmabns on reverse e side. 34,0`fSO
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