HomeMy WebLinkAbout940775 RESOLUTION
RE: APPROVE CONTRACT BETWEEN COMMUNITY CORRECTIONS BOARD AND THE 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 between the County
of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, on behalf of the Community Corrections Board, 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 between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on
behalf of the Community Corrections Board, 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 15th day of August, A.D. , 1994, nunc pro
tunc July 1, 1994.
aateth
BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, C LOR DO
Weld County Clerk to the Board ({�//6 , DC/�
`W. H. Webster, C air an V
BY: c11
/LQ.L'�'C K- at-c--
Deputy dlerk to the Board a , - em
APPROV AS TO FORM: C.
Ge a Baxter
County At orne Con ante L. Harbert
Barbara J. Kirkm 3'746%,e/1--)
940775
Form 6-AC-02A(R 1/93)
DEPARTMENT OR As._ !CY NAME
Public Safety
DEPARTMENT OR AGENCY NUMBER
460000 RAA
ROUTING NUMBER
CONTRACT
THIS CONTRACT,Made this 1st day of July 199 4 .by and between the State of
ColaadofortheuseandbenefitoftheDepanmentof't Public Safety, Division of Criminal Justice,
700 Kipling Street, Denver, Colorado 80215
hereinafter referred to as die State,and.2 Board of Commissioners of Weld County, on behalf of the
Weld County Community Corrections Board. P.O. Box 758. Grepley. Colorado 80819
hereinafter referred to as the coatnctor,
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 contraa under Encumberance
Number in Fund Number 100 , Appropriation Account 791/792 and organization DC69/DC74/DC75
WHEREAS,required approval,clearance and coordination has been accomplished from and with appropriate agencies;and
WHEREAS" 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 "D" and
incorporated herein by reference.
WHEREAS, any contract between the State and its local government subdivisions is
exempt from the procurement process, pursuant to C.R.S. 24-101-105(1).
NOW THEREFORE,it is hereby agreed that
1.'4
THE STATE SHALL:
I
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:
Page 1 of 12 pages
•(See instruction on reverse of last page)
395-53-01.1014
(R 1/93)
940775
$ 545,748 for residential transition placements at a daily rate of $31.15
per offender,
S 189,115 for residential transition placements for specialized services
described in Exhibit "A" at a daily rate of $45.68 per offender, for services
provided July 1, 1994 through September 30, 1994. This amount may be
increased by $561,179 for services provided October 1, 1994 through June 30,
1995 for a total contract amount not to exceed $750,294 for services provided
July 1, 1994 through June 30, 1995 if the Residential Treatment Center, a
subcontractor of the contractor, is the successful bidder of the RFP for CIRT
services. This increase will be accomplished through a letter of approval as
provided in paragraph 1 .A.4.
$ 375,202 for residential diversion direct sentence and diversion condition
of probation placements at a daily rate of $31.15 per offender,
$ 72,883 for diversion non-residential placements at no more than
$257.00 per month per offender, not to exceed an average of $5.12 per day per
offender,
$31.15 per day per offender for diversion residential services provided for
offenders referred from the 11th judicial district, not to exceed allocations
determined by the State,
$31 .15 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 transition
and parole 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
$23,172,419.00 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 1994-95 for the purchase of community corrections
services is in the amount of $23,172,419.00. 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 include
the following:
a) Identification of Contract by Contract number and number of affected
paragraph;
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940775
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
or his designee. 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 of an offender's participation
in a program, but shall be compensated for the last day of an offender's
participation. The day an offender transfers from Residential to Non-Residential
status, the Contractor shall be paid the residential daily rate, but shall not be
compensated for non-residential expenses. The day an offender transfers from
Non-Residential to Residential status, the Contractor shall be paid for non-
residential expenses, but shall not be compensated for the residential daily rate.
6) The community corrections board, or the unit of local government that
established the board, may use up to five percent (5%1 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 regular
monitoring of programs within their jurisdiction and enforcing the
implementation of plans to bring providers in compliance with program
standards - eligible for up to three percent (3%) of funds.
i
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 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. 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.
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FROM :CO DIV CRIM JUS ---TO :3033628023 - 1994.00-27 10:32 0181 P.02/02
10) Any unexpended funds allocated or advanced to the Contractor by this contract
shalt be reverted to the State no later than September 1, 1995.
B. Subcontractg.. 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. Copies of any subcontracts shall be provided to the State by
October 1, 1994,or within thirty days following the addition or replacement 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 8.24 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 (S-ID):
1) "Pass or furlough" based on a privilege to leave the facility to an approved
location for up to forty-eight (48) hours. '
2) 'Off-grounds leave' for the purpose of which is to conduct a hearing or
assessment regarding the continuation of the offender in community corrections.
for a maximum allowable period of three (3) days.
3) "Emergency leave" caused by and limited to a serious life-threatening incident in
the offender's immediate family,subject to a maximum period of seven (7) days,
to be reimbursed at 50% of the regular per diem rate.
E. Noncomolf nce. 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 end Liabilitieg. Not assume liability for any deficiency that the
Contractor may Incur in the operation of its program nor for arty debts or expenditures
incurred by the Contractor for ensuing fiscal years when funds for that purpose have
not been appropriated or budgeted.
Page 4 of 12 pages
MAY 27 ' 94 10: 45 303-239-4491 PAGE . 002
940775
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,
2). offenders referred by SJD, 3) offenders referred by the State Board of Parole 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 "E" 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. Immigration Reform Control Act. Comply with all federal and state laws, including the
Immigration Reform Control Act in all hiring practices.
E. 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.
F. 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 otiminal 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.
G. 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.
H. 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.
Page 5 of 12 pages
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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.
J. Absence Due to Arrest. Notify DOC/SJD immediately if they know an offender has
been arrested and/or is in the custody of federal, state, or local authorities. If the
Contractor has requested and received prior 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.
K. 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.
L. 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 "F" 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 five (5) 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 fonds 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.
M. Reimbursement by Client. The Contractor may charge each offender participating in
a residential program the reasonable costs of the services not covered by state
payments. The charges shall be collected on an ability to pay basis, but shall not
exceed ten dollars ($10.00) per day while in residential placement. Offenders in non-
residential placement 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
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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. Such
additional charges are described in Exhibit "A".
N. Inspections. 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 compliance with this contract.
O. Insurance. Maintain in full force and effect adequate liability insurance coverage with
an insurance company licensed and authorized to transact business within the State
of Colorado in the following amounts:
1. 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'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.
The Contractor shall attach proof of adequate insurance coverage, marked as Exhibit
"C" and incorporated herein by reference, in compliance with paragraph O, herein.
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P. 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 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.
Q. 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.
R. 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.
S. 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.
T. Supervision. Provide 24-hour-a-day, seven-day-a-week staff supervision of the
offenders assigned to the residential facility as specified in the "Colorado Community
Corrections Standards".
U. State and Local Regulations. Comply with all state and local health, safety, fire,
building and zoning requirements.
V. 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.
W. 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.
X. Fiscal Audit. Provide a complete independent fiscal audit for the contract period and
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deliver such audit to the State upon request. Such requirement may be waived, all or
in part, by the State.
3. MUTUAL PROVISIONS:
A. Effective Dates. The period of this contract shall be from July 1, 1994, through June
30, 1995.
B. Assianment. 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 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.
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.O. herein marked as Exhibit "C", (4) resolution, ordinance or statute
authorizing the Contractor to enter into an agreement with the State to provide
community correctional services marked as Exhibit "D", and (5) "Colorado Community
Corrections Standards" marked as Exhibit "E". In the event there are any
inconsistencies, ambiguities, or omissions between this document and Contractor's
Exhibit "A", Exhibit "C", Exhibit "D", or Exhibit "E", this document shall govern over
the provisions of Contractor's Exhibit "A", Exhibit "C", Exhibit "D", or Exhibit "E".
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
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subsequent novation, renewal, addition, deletion or other amendment hereto shall have
any force or effect unless embodied in a written contract executed and approved
pursuant to the State of Colorado fiscal rules.
F. Breach. A breach of this contract shall not be deemed to be a waiver of any
subsequent breach or default of the contract.
G. Third-Party Beneficiary. The enforcement of the terms and conditions of this contract,
and all rights of action relating to such enforcement, shall be strictly reserved to the
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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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 3S-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 am 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 thdcontracting 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-02B
Revised 1/93
395-53.01.1022
Page— of IZ pages
940775
•
•
(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 pan 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 by law.
(h)The contractor will include the provisions of paragraphs(al 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
arc 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 10 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.
S.At all times during the performance of this contract,the Contractor shall strictly adhere to all applicable federal and stale 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 thai 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) Weld County Board of Commissioners STATE OF COLORADO
f7,/ A/�J ROY ROMER. GOVERNOR
W. H. Webster l By
6/1/1/470 •5 EXE[4'TtvE DIRECTOR
Position(Title) Chairman
84-6000 3
sac 3 so c0 1}.'.Num DEPARTMENT
If Corporation:) tv ' OF Public Safety
Attest(sap t
By .2-
X3agb1aa 3roaXYa&Y Ie - oust Clera rd
APPROVALS
ATTORNEY GENERAL 'CONTROLLER
By By
Form 6-AC-02C
Revised I/93 Page 12 which is the last of 12 pages
395.53-01-1030 •Se instructions on reverse side.
• 940775
NINETEENTH JUDICIAL DISTRIC,
WELD COUNTY COMMUNITY CORRECTIONS BOARD
P.O. BOX 758•GREELEY,COLORADO 80632• PHONE(303)358.4000 r t�Ui4TY
M-41.11)_ ON,_RS
1494 AUG I I PH 3: 36
CLERK
TO THE BOARD
July 28, 1994
William H. Webster, Chairman
Weld County Board of
County Commissioners
P. 0. Box 758
Greeley, CO 80631
Dear Chairman Webster:
Enclosed please find the Contract between the Board of Commissioners of Weld
County, on behalf of the Weld County Community Corrections Board and the
Department of Public Safety, Division of Criminal Justice. These Contracts are
to provide community corrections services for the Fiscal Year July 1, 1994, to
June 30, 1995. This Contract has been reviewed and approved by the Weld County
Attorney's Office. Also enclosed is a copy of the Minutes of the July 28, 1994
Board Meeting at which time the Board authorized the Chairman to sign this
Contract.
The Community Corrections Board is requesting the Weld County Board of County
Commissioners complete local execution of this Contract, after which it will be
forwarded to th of Colorado for final appoval.
Sincer ,
7
homas Qu en
Chairman
/sds
Encl. Contract (4)
940775
WELD COUNTY COMMUNITY CORRECTIONS BOARD
MEETING MINUTES
July 28, 1994
ROLL CALL: Chairman: Tom Quammen
Members: Barb Anderson, Mike Guthrie, Carolyn Mettler, Kevin
Strobel, Sandii Turner, Judge West and Jerry Wommack
OTHERS PRESENT: Michael Brand, Doug Erler, DeAnn George, Dana Wilkes, Robert
Armijo, and Din Tuttle
The Meeting was called to order at 12:20 p.m.
The Agenda was approved with the additions of Recognition of Out-going Board
Member and Introduction of New Probation Liaison.
Jerry Wommack introduced Robert Armijo. Robert will be the new Probation Liaison
to Community Corrections.
Tom Quammen presented Sandii Turner with a tray recognizing her tenure as a Board
Member and thanking her for her service.
Minutes of the June Meeting were approved as presented.
The Minutes of the Review Committee Meetings were reviewed.
ACTION ITEMS
Request for Out-of-County Placement (Nettie Spencer) - After a presentation by
Ms. Din Tuttle, Defense Attorney, and review of the information presented to the
Board, Carolyn Mettler made the motion to approve the funding of this placement
at Peer I in Denver. Sandii Turner seconded the motion and it passed with Judge
West and Kevin Strobel abstaining.
1
- The 1994-1995 Contract roved by the We o
Attorney's Office. Barb Anderson made the motion that this Contract be approved
and the Chairman be authorized to sign it, after which it will be presented to
the Weld County Commissioners for approval. Mike Guthrie seconded the motion and
it passed unanimously.
Proposed 1994-1995 Administrative Funds Budget - After discussion of the amount
to be charged during the coming year by Weld County for overhead, this line item
was changed to $5,000 and the Contingency Fund line item was changed to
$28,300.00. Kevin Strobel made the motion to approve the Administrative Funds
Budget with the above noted changes. Mike Guthrie seconded the motion and it
passed unanimously.
940775
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