HomeMy WebLinkAbout930601.tiff RESOLUTION
RE: APPROVE AMENDMENT 01 TO CONTRACT WITH COLORADO DEPARTMENT OF INSTITUTIONS,
DIVISION OF YOUTH SERVICES, 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 Amendment 111 to Contract with
the Colorado Department of Institutions, Division of Youth Services, commencing
July 1, 1993, and ending September 30, 1993, with further terms and conditions
being as stated in said amendment, and
WHEREAS, after review, the Board deems it advisable to approve said
Amendment, 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 Amendment #1 to Contract with the Colorado Department of
Institutions, Division of Youth Services be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
authorized to sign said amendment.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 12th day of July, A.D. , 1993, nunc pro tune
July 1, 1993.
BOARD OF COUNTY COMMISSIONERS
ATTEST: etegt
WEL�J COUNTY, COLORADO
Weld County Clerk to the Board
/J / y� n , Const ncJeL.L./�JHarber , Chairman
BY: �LLk"et/ ! /-l�.�' k�.C , / [�.1 to i� l
Deputy C rk to the Board W. H.
Webster, Pro-Tem
APPROVED AS TO FORM: /
Georg
Geor e/E. Baxt r
ounty Attorney Dale K. Hall
eLeztA
Barbara J. Kirkmeyer
930601
E 2101
Form 6-AC-02A(R 5/91)
DEPARTMENT OR AGENCY NAME
Division of Youth Services
DEPARTMENT OR AGENCY NUMBER
IDA
ROUTING NUMBER
94040
Amendment #1
CONTRACT
THIS CONTRACT,Made this 7th day of June 199 3 ,by and between the State of
Colorado for the use and benefit of the Department of"Institutions, Division of Youth Services
4255 South Knox Court, Denver, Colorado 80236
hereinafter referred to as the State,man Board of County Commissioners, Weld County, P.O. Box 758,
GrPel°y, Cotnradn R0637
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
Number CONT in Fund Number 100 , Appropriation Account 255 and Organization NS 19
94040
WHEREAS,required approval,clearance and coordination has been accomplished from and with appropriate agencies;and
WHEREAS, the parties entered into a contract commencing on December 1,
1992, attached hereto as Attachment A, incorporated herein and made a part
hereof by reference; and
WHEREAS, it is the intention of the parties to amend and increase the
original contract routing number 930063 by SIXTEEN THOUSAND, ONE HUNDRED
EIGHTY AND NO/100 DOLLARS ($16, 180. 00) to a new total of SIXTY-SIX THOUSAND,
THIRTY-FOUR AND NO/100 DOLLARS ($66, 034 . 00) to extend the term of the
contract three (3) months through September 30,1993 ; and
WHEREAS, the State is prepared to pay these additional costs through
funds made available by appropriation; and
WHEREAS, all State personal services contracts are subject to immediate
termination as a result of court orders in the cases of Colorado Association
of Public Employees ("CAPE") v. Department of Personnel, CAPE v. Department
of Highways and CAPE v. Regents of the University of Colorado.
NOW THEREFORE, it is hereby agreed that for and in consideration of
their mutual promises to each other, hereinafter stated, the parties hereto
agree as follows:
1. Consideration for this amendment to the original contract consists
of payments which shall be made pursuant to this amendment and the promises
and agreements herein set forth.
2. It is expressly agreed by the parties that this contract is
supplemental to the original contract routing number 930063 dated November
6, 1992 . All the terms, conditions and provisions of the original contract,
Page I of� pages
'(See instructions on reverse of last page)
793-33-01.1014
(R5/91)
Ric:ci(o V;(nnl
unless specifically modified herein, are to apply to this contract and are
made part of this contract as though they were expressly rewritten,
incorporated and included herein.
3 . It is agreed that the original contract is and shall be modified,
altered and changed in the following respects only:
a) Page 1, paragraph 1, STATEMENT OF WORK
1. Add to original provision l.b - . . . Exhibit A and
Addendum 1 to Exhibit A.
2 . Original provision l.c. - The date June 30, 1993 shall
be deleted and the date September 30, 1993 substituted in its
place.
b) Page 2, paragraph 2 , STATEMENT OF DOLLARS
1. Original provisions 2 .a. and 2 .b. - The figure FORTY-
NINE THOUSAND, EIGHT HUNDRED FIFTY-FOUR AND NO/100 DOLLARS
($49 ,854. 00) shall be deleted and the figure SIXTY-SIX THOUSAND,
THIRTY-FOUR AND NO/100 DOLLARS ($66, 034 . 00) shall be substituted
in its place.
2 . Add to original provision 2 .c. - . . . Exhibit A and
Addenda 1 to Exhibit A.
c) Page 4, paragraph 7, STATEMENT OF CONTRACTOR RESPONSIBILITIES.
1. Add to original provision 7.a. - . . .Exhibit A and
Addendum 1 to Exhibit A. . .
2 . Original provisions 7.d. shall be deleted and the
following substituted in its place:
d. The Contractor shall maintain in full force and
effect at all times during the course of this contract
Comprehensive General Liability Insurance written on an
occurrence basis, with a minimum of $600, 000. 00 combined
single limit for bodily injury and property damage arising
out of any single occurrence. Any aggregate limit will not
be less than $1 million. The Contractor shall furnish the
State with written certification of the existence of such
liability insurance and a copy of the policy endorsement
naming the State of Colorado as additional insured, prior to
finalization of contract provisions. If the State approves
in writing the alternative use of "claims made" insurance for
comprehensive general liability, the Contractor also agrees
to maintain beyond the contract term such insurance as will
cover incidents which occurred during the contract period,
including but not limited to continued maintenance of "claims
made" or "tail" policies for the applicable statute of
limitations. The policies must be in amounts equal to or
greater than the limits required by this contract.
Page 2 of 5 pages
3 . Original provision 7 .e. shall be deleted and the
following substituted in its place:
e. Whenever the work covered by the contract shall
involve the use of vehicular equipment, the Contractor shall
maintain during the life of the contract, Automotive Bodily
Injury and Property Damage Insurance for business use with a
combined single limit of not less than $600, 000. 00. The
insurance certificate submitted shall provide evidence that
owned and unowned vehicles, if any, are covered.
d) Page 5, paragraph 9, GENERAL PROVISIONS
1. Add to original provision 9. the following:
i. In accordance with The Americans with Disabilities
Act, the Contractor assures the State that at all times
during the performance of this contract that no qualified
individual with a disability shall, by reason of such
disability, be excluded from participation in, or denied to
benefits of the service, programs, or activities performed by
the Contractor, or be subjected to any discrimination by the
Contractor upon which assurance the State relies.
4. The effective date of this contract amendment is July 1, 1993 .
5. In the event of any conflict, inconsistency, variance or
incongruity between the provisions of this contract amendment, or any of its
attachments or exhibits, and any of the provisions of the original contract,
or its attachments or exhibits, the provisions of the contract amendment
shall in all respects supersede, govern and control.
Page 3 of 5 pages
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
seiection 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.
(0 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
395-53.01-1022
page_ of __.„5L pages
(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 by law,
(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-lot & 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 I8-8-401,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:
(Fu egal Name) WELD COUNTY BOARD OF COMMISSIONERS STATE OF COLORADO
ROY ROMER,GOVERNOR
CONSTANCE L. HARBERT 07/14/93 By efsiz±1NNt
for the '3 EXECUTIVE DIRECTO ,1 CP AshflosCk
Position(Title) CHAIRMAN
6000813
Soc a uray tier or d7I Number DEPARTMENT
If Corporation:) // pP Institutions
Attest(Seal)
Y
e FAX MOM 4 ^ry c°r 0 BOARD •
APPROVALS
GALE A.N�' HALL
ATTORNEY GEN hryL CONTROLLHL I�FoYD. W.
yJr�, �'____i B V L. 1h n ��, {{{ --
By A ICNEY G L y �J (/l �i ( _fj�f Li lib
FRorm 6-A/93 Page which is the last of i pages J
395-53-ed 1-1 "See instructions on reverse side.
395-33-01-1030 •
*INSTRUCTIONS
(I) Insert official Department designations, e.g.. Administration. Local Affiars, etc. as appropriate.
(2) Set forth company(ies)or individual(s) 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.
•
•
•
•
' if '� ARi
i
DIVISION OF YOUTH SERVICES `
***NOTICE OF CONTRACT IN FORCE*** c,
TO: DIRECTOR'S OFFICE: %
EXECUTIVE MANAGEMENT T V/ d
MEMBER: �C f/C
PROGRAM MANAGER:
VENDOR: 4 2
,
FROM: DYS BUSINESS OFFICE: Y)/LASa--e-4-"/J'"Q`Y
DATE: V.V9
This is your official notice/ that:
ROUTING NO: 9-X4- 4.,:i FOR FYS:
BETWEEN• ,�ti(�,�,-arti� j
AND: , /,7 ,7 C/ 4� %174/4/
• IS IN FORCE AS OF: // / a / 93
Original Amendment/ / RECEIVED
THE ACCOUNT CODING FOR THIS CONTRACT IS AS FOLLOWS: a'_iJG1- 1993
COFRS: Nfl THEFA..`y1 ,- ,i,'. , 'c
CONTRACT
ENCUMBRANCE APPR ORG GRT BD REPORT OBJ
NUMBER CODE LINE CAT CODE
..r_Za aar 2/12_i_Y ---- a - /fop
NOTE TO VENDOR: You should include the above account coding on all
request for payment of this contract as well as your Federal I.D. Number
OR Social Security Number.
NOTE TO PROGRAM MANAGER: Your copy and the vendors copy of the signed
contract are attached to this notice. Please forward the vendors copy
as soon as possible.
FORCE-Revised 6/91
ADDENDUM 1 TO EXHIBIT A
''y 7 ti,.:r:
t•••• p"r THE Sr7en
JI, ..o
t . R r"/� FT. LUPTON SUB STATION
GREELEY OFFICE RE CO J' VC P.O. BOX 123
�T. LUPTON. CO 8062'
PHHONE 303) aw0c
�l� 1 r� ,SHONE (303) 3564000 EXT. 4690
PHONE (303) 356.4000 I a- 93 (303) 8572465
may JORDAN
ay 1 1993 NORTHEAST REGION/DYS
Larry Grauberger
Division of Youth Services
7401 North Broadway, Suite 280
Denver, Colorado 80221
Dear Larry:
Due to delays in construction of-our-new Juvenile Transportation Unit facility, we are
submitting a revised budget for the- contract term period to end June 30, 1993. This
includes an additional two months. of.housing costs for the months of April and May. The
total funding request remains the same as the original. contract. .
Our revised funding request for FY 92-93 budget will be- as follows:
Electronic Monitoring $ 4920.00 "
Intake Screening $26834.00
Housing Juvenile Inmates $18100.00
Total Request $49854.00
We are also submitting a proposed budget, for a. three.'month extension (July 1, 1993 through
September 30 1993) of the' existing contract with the Division of Youth Services.
Revenues:. T,
Weld County
$15853.00 '
SB-94, Intake Screening-T. $11500.00
SB-94 Electronic Monitoring $ 4680.00
Municipal Share $ "5000.00
Total Revenue $37033.00
Expenses:
Facility Management $20853.00
Intake Screening $11300.00
Electronic Monitoring $.4680_00
Total Expenses $37033.00
FUNDING REQUEST BREAKDOWN
Facility Management $20853.00
Intake Screening $11500.00 DYS
Electronic Monitoring $ 4680.00 DYS
Total Expenses $37033.00
Total Request $37033.00
Larry, if you have any questions or need additional information please call me at 356-4015
ext. 4629.
Sincerely_
Mike Miller
Page 1 Of 1
9306?1
'Form 6-AC-02A(R 5/911
&11031 DEPARTMENTOR AGENCY NAME
Division of Youth Services
DEPARTMENT OR AGENCY NUMBER
IDA
ROUTING NUMBER
930063
ATTACHMENT A
CONTRACT
THIS CONTRACT.Made this 6 t day of November 199 2 ,by and between the State of
Colorado for the use and benefit of the Department of" Institutions.. Division of Youth Services
47c5 Smith Knox Court. Denver. Colorado 80236
herehunerrefenedtoastheSute.and-' Board of County Commissioners, Weld County, P.O. Sox 758,
C—aa'_a;•, Coln—ado 8J1632
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
Number On n/r in Fund Number 100 , Appropriation Account 255 and Organization NS 19
93000^. 3�
• WHEREAS,required approval,clearance and coordination has been accomplished from and with appropriate agencies;and
WHEREAS, the Contractor having special knowledge, expertise, and
skill operating community corrections programs for delinquent youth;
and
WHEREAS, the Contractor has been selected as a qualified vendor
to provide services as a Senate Bill 94 Pilot Project pursuant to •
C.R.S . 24-101-105 ; and
WHEREAS, the State is vested with the authority to make use of
community care services with independent contractors pursuant to
C.R.S . 19-2-1110 ; and
WHEREAS, the Contractor and the State desire to use the aforemen-
tioned appropriations to fund the Juvenile Detention Program in Weld
County; and
WHEREAS, all State personal services contracts are subject to
immediate termination as a result of court orders in the cases of
Colorado Association of Public Employees ("CAPE") v. Department of
Personnel , CAPE v. Department of Highways and CAPE v. Regents of the
University of Colorado .
NOW THEREFORE, it is hereby agreed that
1 . STATEMENT OF WORK
•
a. The Contractor shall manage a juvenile detention
program and shall provide the youth referred in accordance with the
proposal appropriate care and supervision.
b. The above services shall be provided in accordance with
the program proposal , which is incorporated and made a part hereof as
Page t or_j_pages
'(See instructions en reverse of last page)
1 •
395.53-01. 016 • pa&•'1/},
(R;5191) 93 1
if fully set forth herein, and attached hereto for reference as
Exhibit A.
c. The Contractor shall render services under this con-
tract commencing December 1, 1992 and shall complete such services on
June 30, 1993 .
d. This contract between the two parties is for a
community-based corrections program for youth referred to the
Interagency Case Management Project.
2 . STATEMENT OF DOLLARS
a . The State agrees to pay the Contractor a sum not to
exceed FORTY-NINE THOUSAND, EIGHT HUNDRED FIFTY-FOUR AND NO/100
DOLLARS ($49 , 854 . 00) .
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 FORTY-NINE THOUSAND, EIGHT HUNDRED FIFTY-FOUR
AND NO/100 DOLLARS ($49 , 854 . 00) for the purchase of community-based
services from the Contractor. It is further understood and agreed
that this is the maximum amount of State funds available for the
purchase of such services. The availability of these funds is
contingent upon appropriation of the State General Assembly.
c. The monies provided herein shall be expended solely for
the purposes of the program as set forth in Exhibit A.
3 . METHOD OF PAYMENT
a. The Contractor shall secure and maintain copies of in-
voices, contracts , and any and all supporting documentation for all
program services , supplies and travel used by the Contractor in
providing the services under this contract.
b. The State shall provide monthly payments for costs
incurred by the Contractor during the contract period for provision of
services under this contract. Reimbursement requests shall be submit-
ted between the first and tenth of the following month. Payment will
be made upon the receipt of a monthly invoice from the Contractor
which has been approved by the Northeast Regional Manager, Division of
Youth Services.
c. The Contractor shall adhere to written accounting
procedures established by the State per attached Exhibit B, made a
part hereof and incorporated herein by this reference.
4 . STATEMENT OF FISCAL UNDERSTANDING
. a. The Contractor agrees that all books and records
Page 2 of 9 pages 9306C1
relevant to the program, including all direct charges and all
overhead/indirect charged, shall be open to inspection and/or audit at
reasonable times by an authorized representative of the State or an
independent auditor as designated by the State. The Contractor agrees
to maintain sufficient accounting records to enable the State and/or
an independent auditor to determine all costs for services provided
pursuant to this contract. The Contractor shall provide to the State
documentation regarding all other sources of support and revenue
obtained by the Contractor for the program and all costs related to
the program must be accounted for and properly classified.
b. If the Contractor receives TWENTY-FIVE THOUSAND AND
NO/100 DOLLARS ($25, 000 . 00) or more per year in Federal funds, the
Contractor shall make provisions for a financial audit meeting the
requirements of Office of Management and Budget Circular A-128 , Audits
of State and Local Governments, or Office of Management and Budget
Circular A-133 , Audits of Institutions of Higher Education and Other
Nonprofit Institutions, whichever is applicable.
5.. EVALUATION OF MONITORING
a. The Contractor shall maintain an individual file for
each client participating in the program and the Contractor shall
allow the State to review all information, data, reports relating to
any youth when requested to do so .
b. The Contractor agrees to provide any and all client
information as requested by the State, including but not limited to:
i) The number of clients referred per month;
ii) The number of clients served per month;
iii) The number of clients terminated per
month with reasons for termination;
iv) Type of service provided per month for
each client.
c. The Contractor agrees that the program' s operations and
services will be monitored by the State on a regular basis and agrees
to participate in any State monitoring upon request.
d. The Contractor shall allow the State to review any and
all fiscal records relevant to the program, including all direct
charges and overhead/indirect charges, and provide fiscal information
to the State when requested to do so.
e. The Contractor agrees to develop, in consultation with
the State, quarterly reports and other information for evaluation and
measurement of program effectiveness in accordance with the project
goals.
Page 3 of 9 pages
930Sf1
6 . CONFIDENTIALITY
a. All records and information maintained by the Contrac-
tor pertaining to a placed youth shall remain confidential and shall
not be released to anyone other than the person in interest or the
State without specific order of the court with proper jurisdiction.
Prior to the release of any information or record, the Contractor
shall notify the State. Nothing in the 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.
7 . STATEMENT OF CONTRACT RESPONSIBILITIES
a. The Contractor shall provide staff as needed to imple-
ment the services included in the attached Exhibit A detailed in
paragraph 1 of the contract.
b. The Contractor shall conduct a program in accordance
with all the terms and specifications of this contract including all
exhibits incorporated herein.
c. The Contractor shall maintain and make immediately
available to the State at any time upon request the personnel policies
and procedures which include policies on nondiscrimination concerning
race, creed, color, religion, and national origin.
d. The Contractor shall maintain in full force and effect
at all times during the course of this contract Comprehensive General
- Liability Insurance written on an occurrence basis, with a minimum of
$400 , 000 . 00 combined single limit for bodily injury and property
damage arising out of any single occurrence. Any aggregate limit will
not be less than $1 million. The Contractor shall furnish the State
with written certification of the existence of such liability
insurance and a copy of the policy endorsement naming the State of
Colorado as additional insured, prior to finalization of contract
provisions . If the State approves in writing the alternative use of
"claims made" insurance for Comprehensive General Liability, the
Contractor also agrees to maintain beyond the contract term such
insurance as will cover incidents which occurred during the contract
period, including but not limited to continued maintenance of "claims
made" or "tail" policies for the applicable statute of limitations.
The policies must be in amounts equal to or greater than the limits
required by this contract.
e. Whenever the work covered by the contract shall involve
the use of vehicular equipment, the Contractor shall maintain during
the life of the contract, Automotive Bodily Injury and Property Damage
Insurance for business use with a combined single limit of not le :s
Page 4 of 9 pages
than $400, 000 . 00 . The insurance certificate shall provide evidence
that owned and unowned vehicles, if any, are covered.
f. The Contractor shall at all times keep in force
Worker's Compensation and Unemployment Compensation Insurance in
accordance with paragraph 9 . a. , "INDEPENDENT CONTRACTOR" , below.
g. The Contractor shall maintain adequate fiscal records
for a period of three (3) years following the termination of this
contract, subject to inspection or audit by the State or its designee.
8 . CONTRACT, MODIFICATION, CHANGES, OR AMENDMENTS
a. This agreement is intended as a 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 exe-
cuted and approved pursuant to the State Fiscal Rules .
b. The Contractor agrees that any proposed modification or
revision within the annual program budget in excess of 10 percent by
existing category shall be submitted to the State for written approval
prior to implementation by the Contractor.
9 . GENERAL PROVISIONS
a. The Contractor shall perform the duties hereunder as an
independent Contractor and not as an employee. The Contractor 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 or to particular hours of work except as provided herein.
Neither the Contractor nor any agent or employee of the Contractor
shall be or shall be deemed to be an agent or employee of the State.
The Contractor shall pay when due all required employment taxes and
income tax withholdings, shall provide and keep in force Worker's
Compensation (and show proof of such insurance) and unemployment
compensation insurance, all in the amounts required by law, and shall
be solely responsible for the acts of the Contractor, , its employees
and agents. The Contractor shall furnish the State with written
certification of the existence of such coverage, prior to the
finalization of contract provisions .
• b . The State shall , through its personnel, assure coopera-
tion reasonably necessary for the fulfillment of this contract.
Page 5 of 9 pages
c. This contract shall not be assigned, delegated or
subcontracted out without prior written consent of both parties .
d. For the purpose of this agreement, the individuals
identified below are hereby designated representatives of the respec-
tive parties . Either party may from time to time designate in writing
new or substitute representatives.
For the State : Larry Grauberger
Title: Northeast Regional Manager
For the Contractor: Donald D. Warden
Title: Director, Finance and Administration
Weld County
e. It is agreed that the State shall not be held liable
for any error or omission of the Contractor in providing services
hereunder. To the extent authorized by law, the Contractor agrees to
indemnify and hold harmless the State, it's 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 resulting from the condition of any
property owned or controlled by the Contractor.
f. 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 service 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 obligations up to the date of termination.
g. Any provision of this contract to the contrary
notwithstanding, in the event termination of this contract becomes
necessary, in the State's sole discretion, to comply with any court
order concerning State personal services contracts generally or this
contract, specifically, this contract may be terminated by the State.
immediately upon the giving of notice to Contractor, without further
obligation of the State .
h. To the extent that this contract may be executed and
performance of the obligations of the parties may be accomplished
within the intent of the contract, the terms of this contract are
severable, and should any term or provision hereof be declared invalid
Page 6 of 9 pages
or become inoperative for any reason, such invalidity or failure shall
not effect the validity of any other term or provision hereof. The
waiver of any breach of a term hereof shall not be construed as a
waiver of any other term. Further, the waiver of any breach of a term
hereof shall not be construed as a waiver of any subsequent breach of
the same term.
Page 7 of 9 pages JJOSO1
Fore sxca2a
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 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 surely 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 actor omission by the contractor.or its employees.agents.subcontractors.
or asignees 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 Apnl 16. 1975.Pursuant thereto.the following provisions shall be contained in all State contracts or sub-contracts.
During the performance of this contract,the contractor agrees as follows:
(1)The contractor will not discriminate against any employee or applicant for employment because of race,creed,color,national origin.sex,marital status,religion.
ancestry.mental or physical handicap.or age.The contractor will take affirmative action to insure that applicants are employed,and that employees are treated
during employment.without regard to the above mentioned characteristics.Such action shall include,but not be limited to the following:employment upgrading.
demotion,or transfer.recruitment or recruitment advertising: lay-offs or terminations: rates of pay or other forms of compensation: and 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(I)(el)
Page 8 of 9 pages
Revised 5/91
395-53.01.1022
93C391
Form n-AC.d.C- t7):n the event of thecontractor's non-coin I' with the nun- or
is contractor ‘i any• may he cancelled.terminated or suspended in w Jr in part and the contractor may he dectlared ineligible tannertStatc contracts n f such rules. accordance ions.or with tpioc procedures,
authonzed in Executive Order. Equal Opportunity and Affirmative Action of Apnl I h- 1975 and the rules.regulations.or orders promulgated in accordance therewith.
and• such others sanctions as may he imposed and remedies as may he 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 a otherwise provided by law.
(8)The contractor will include the provisions of paragraph 1 I I through(8)in every subcontract, 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 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(section 8-19.10?.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 outer 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 he established.
9.The signatories hereto aver that they are familiar with 18-8.301,et seq..(Bribery and Corrupt Influences)and 18.8—t01,et,seq.,(Abuse of Public Office),CRS
1986 Replacement Vol.-and that no violation of such provisions is present.
I0.The signatories aver that to their knowledge,no state employee has a personal or beneficial interest whatsoever in the service or property described herein:
IN WITNESS WHEREOF,the parties hereto hiive executed this Contract on the day first above written.
Contractor
(Full Legal Name) Weld County Board of STATE LCO G
Commissioners ROY ROM
11/25/92
By
_ for the •5 Fxecvn DM a
Position(Title) George Kennedy, Chairman
DEPARTMENT
84-6000813 OF Institutions
Social Scccjgiiy Nwner*r Federal r f{eral Nmo oer
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Attest(Seal) •
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GALE A.NORTON
ATTORNEY GENERA e�u-Y G L APPROVALS
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By CONTROLLE /J/4J0 111,0
By
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395.53-01.1030(Revised 5/91)
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