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Address Info: 1150 O Street, P.O. Box 758, Greeley, CO 80632 | Phone:
(970) 400-4225
| Fax: (970) 336-7233 | Email:
egesick@weld.gov
| Official: Esther Gesick -
Clerk to the Board
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990677.tiff
RESOLUTION RE: APPROVE 1999-2004 COMMUNITY CORRECTIONS CONTRACT AND AUTHORIZE CHAIR 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 1999-2004 Community Corrections 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, Criminal Justice Division, commencing July 1, 1999, and ending June 30, 2004, 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 1999-2004 Community Corrections 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, Criminal Justice Division, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair 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 31st day of March, A.D., 1999. BOARD OF COUNTY COMMISSIONERS LD COUNTY, COLORADO ATTEST: lime ►' �I .c�� •, Dal K. Hall, Chair Weld County Clerk tot• B. w rcda -q� ��.�, � _ _ e in arbarp J. Kirkmeyer Pro-Teri BY: iall, ..'._rr .Iu� Deputy Clerk to the '� : Georg . axter C APP A TO FORM: . J. Geile my Attor ,6%),0 ,14 f GlennC/ai —V 990677 )X n!a �< � DA0002 24 Form 6-AC-02A(It 1/93) Qg MENTO_FAGEN "J� DEPART MEN Safety NAME DEPARTMENTORAGENCY NUMBER /)L T d().,_ (1 11/ _. / <7 460000 RAA ROUTING NUMBER CONTRACT THIS CONTRACT,Made this 1st day of July 199 9 ,by and between the State of Colorado for the use and benefit of the Department of•I Public Safety, Division of Criminal Justice, 700 Kipling Street, Denver, Colorado 80215 hereinafter referred to as the State,minBoard of Commissioners of Weld County, on behalf of the Weld County Community Corrections Board, P.O. Box 758, Greeley, Colorado 80632 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 in Fund Number 100 , Appropriation Account 791/792/768 and Organization DC69/66/67/74/ 75/78 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. d THE STATE SHALL: A. Multi Year Obligations. 1) Prior .:o the beginning of each fiscal year, the State shall send the Contractor an "Allocation Letter", approved by the State Controller or his designee, in the form attached, marked as Exhibit "B" and incorporated herein by reference. The Allocation Letter shall include the following conditions: a) Original maximum annual allocations and rates of reimbursement for each category of community corrections funding; b) Applicable fiscal year for the allocation and rates of reimbursement; c) A provision stating that the allocations shall not be valid until approved by the State Controller or his designee. 2) Upon proper execution and approval by both parties, such Allocation Letter shall become an amendment to this contract. 12 Page 1 of pages *(See instructions on reverse of last page) 395.53-01-1014 (It 1,93) i 3) If the Contractor agrees to and accepts the allocation, the Contractor shall execute and return the Allocation Letter to the State by the effective date indicated in the letter (a period of at least thirty days). In the event the Contractor does riot accept the allocation, or fails to return the executed Allocation Letter by the effective date, the State or the Contractor, upon notice to the other, may terminate this contract effec•:ive the beginning of the fiscal year. B. Payment for Services. 1. The State agrees to advance funds on a quarterly basis to the Contractor in accordance with the schedule in Exhibit "B" subject to compliance with the provisions of the contract. 2) During the period of the contract, upon receipt of proper billing from the Contractor as provided in paragraph 2.N. herein, payment shall be offset against advances up to a maximum total payment as specified in Exhibit "B". 3) 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. 4) The community corrections board, or the unit of local government that established the board, may use up to five percent (5%) of the total original allocation for residential transition, residential diversion, and diversion non-residential 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 and local agencies, monitor community corrections programs within the jurisdiction of such board, oversee compliance with state and local standards, and enforce the implementation of plans to bring providers in compliance with program standards. The community corrections board's oversight of the community corrections programs within the board's jurisdiction shall include assessing the number of offenders who have escaped from custody, based on reports prepared by the administrators of community corrections programs, and determining compliance by community corrections programs with the recommendations made in audit reports prepared by the State -- eligible for up to three percent (3%) of funds. Boards shall keep financial records documenting the receipt and expenditure of all administrative funds and maintain these records for a period of seven (7) years following the contract period. An annual report summarizing the year's administrative expenditures within each option category shall be forwarded to the State no more than 90 days following the end of the contract period. • Page 2 of 12 5) 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. 6) Any tansfer of funds between the transition and diversion line items listed in Exhibit "B" must be reviewed and approved in writing by the State. 7) The Contractor may request funds to supplement the allocations of this contract, under circumstances defined by the Office of State Planning and Budgeting. Such requests must be submitted in writing to the State by October 20th of each fiscal year. Requests must identify the type of additional funding requested (diversion, transition, etc.) and justifications for the request. Any request for diversion funding must nclude profiles of offenders served within the jurisdiction to identify the propo-tion that would likely be placed in prison without diversion resources. Profiles should identify offenders with two or more prior felonies, convictions for felony 2's or 3's or felony sex offenses, revoked probation cases, inmates granted sentence reconsiderations, or other characteristics documenting the types of offenders served withir the jurisdiction. All requests for supplemental funds are subject to review by the executive and legislative branches of the State and are subject to the provisions of the Change Order Letter attached, marked as Exhibit "C" and incorporated herein by reference. C. 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. Copies of any subcontracts shall be provided to the State within ninety days following the beginning of the fiscal year or within ninety 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. 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. D. 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. Reimbursement for mileage shall be made from the residential transition allocation listed in Exhibit "B". E. Payments for Leaves of Absence. Pay for the following leaves of absence, as authorized and approved by DOC or the State Judicial Branch (SJB): 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. Page 3 of 12 3) "Eme'gency 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. F. Noncompliance. The State agrees to allow Contractors thirty days within which they may correct or jtstify identified issues, following a notice of noncompliance, unless there is an immediate rsk to public safety. If the identified issues are unresolved within the thirty day period, action may be taken that will result in withholding funds. G. 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 annual proposal submitted to the State for the provision of services to 1) offenders referred by DOC, 2) offenders referred by SJB, 3) offenders referred by the State Board of Parole or, 4) offenders referred by SJB pursuant to 19-2-703(c) or 19-2-801(2)(a). A copy of such annual 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", as revised or amended, attached, marked as Exhibit "F" and incorporated herein by reference. Non-compliance with standards may result in •eduction of compensation rates as specified in Exhibit "B"; 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. Victim Rights Act. Comply with Section 24-4.1-302.5, Section 24-4.1-303 and Section 24-4.1-304 C.R.S., commonly known as the Victim Rights Act and enabling legislation. E. Immigration Reform Control Act. Comply with all federal and state laws, including the Immigration Reform Control Act in all hiring practices. F. 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. Page 4 of 12 G. Client Files. Maintain individual files for each offender participating in the Contractor's program as required by DOC/SJB. The individual files shall be maintained in a secure area, in a locked rile 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 2:3 of the Code of Federal Regulations. H. Reports. Provide timely, prompt, and accurate reports as are or may be required by the State, DOC, or SJB during the period of the contract, which include but are not limited to statistical reports, caseload data, Community Corrections Client Information forms, Community Corrections Offender Screening Information forms, and other records documenting the types of services provided and the identity of the individual offenders receiving such services. Community Corrections Client Information forms must be completed, as prescribed by the State, for each residential offender served and shall accompany the billings coinciding with the offender's month of termination. Community Corrections Offender Screening Information forms shall, on a monthly basis, be used to record all screening activity performed by the Contractor and its subcontractors and shall be submitted to the State with each months' billings. Review and Inspection. Allow DCJ, DOC, SJB, or Health Department employees to inspect, with or without notice, the facilities, fiscal and program files, other records, and services provided by the Contractor to determine compliance with this contract. J. Unauthorized Absence. Notify DOC or SJB, through the appropriate probation/parole officer, within two (2) hours after an offender becomes absent from the program without authorization. The Contractor shall also comply with Section 17-27.1-101 (1), C.R.S. The Contractor shall keep the offender's position available for a period not to exceed one (1) day during tie offender's unauthorized absence if DOC/SJB 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. K. Fugitive Reporting System. Pursuant to Section 17-27-104, C.R.S., the Contractor shall insure that any probable escape of any Diversion offender is reported by program staff providing services through this contract, using the Fugitive Reporting System in effect at the time of the escape. Program staff shall also provide the State and its local community corrections board with monthly escape reports of all offenders reported as escapees, whether Diversion or Transition offenders. L. Absence Due to Arrest. Notify DOC/SJB 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/SJB, 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. M. Additional Services. Obtain prior written approval from the State before providirg 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 Exhibit "B", the State is not liable for reimbursement. Should additional fuiding become available, the State may, at its own option, choose to reimburse beyond the amount specified in Exhibit "B". Page 5 of 12 N. Method of I3illinq. 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 "G" and incorporated herein by reference. In order for the billing to be accepted by the State, tie 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 "H" 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 (51 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. O. Reimbursement by Client. The Contractor may charge each offender participating in a community 3orrections program the reasonable costs of the services not covered by State payments. The charges may 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 may be charged up to 40% of the amount billed to the State as described in Exhibit "B" but shall not exceed an average of two dollars ($2.00) per day while in non- residential placement. 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 the local community corrections board. The Contractor must provide a description of such additional fees, including rates, services or products purchased, and program polcies and procedures related to collecting and record keeping to the State, the local community corrections board, and the referring agency. Such additional charges are described in Exhibit "A". P. Insurance. The Contractor or subcontractor must obtain, and maintain at all times during the term of :his agreement, insurance in the following kinds and amounts: 1) Standard Worker's Compensation and Employer Liability as required by State statute, includ ng occupational disease, covering all employees on or off the work site, acting within the course and scope of their employment. 2) General, Personal Injury, and Automobile Liability (including bodily injury, personal injury, and property damage) minimum coverage: a) Combined single limit of $600,000 if written on occurrence basis. b) Any aggregate limit will not be less than $1 ,000,000. c) Combined single limit of $600,000 for policies written on a claims-made basis. The policy shall include an endorsement, certificate, or other written evidence that coverage extends two years beyond the performance period of the contract. d) If any aggregate limits are reduced below $600,000 because of claims made or paid during the required policy period, the contractor shall immediately obtain Page 6 of 12 additional insurance to restore the full aggregate limit and furnish a certificate or other document showing compliance with this provision. The State of Colorado shall be named as additional insured on all liability policies. The insurance shall include provisions preventing cancellation within 60 days prior notice to the State by ce-tified mail. The contractor shall provide certificate showing adequate insurance coverage to the State with the return of Exhibit "B", unless otherwise provided. If the contractor is a "public entity" within the meaning of the Colorado Governmental Immunity Aat, CRS 24-10-101, et seq., as amended ("Act"), the contractor shall at all times during the term of this contract maintain such liability insurance, by commercial policy or self-insurance, as necessary to meet its liabilities under the Act. Upon request by the State, the contractor shall show proof of such insurance. Q. 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 SJB). The State shall compensate the Contractor at the full rate the day an offender is placed in a hospital, and at 50% of tie 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. R. Record Retention. Retain all books, records, and other documents of any part pertaining to this agreement for seven (7) 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. S. Confidential tv 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/SJB. T. 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. U. 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". V. State and Local Regulations. Comply with all state and local health, safety, fire, building and zoning requirements. W. 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. Page 7 of 12 X. Information Provided. Provide information upon request of the appropriate DOC/SJB officers regarding the activities and adjustment of offenders assigned to their program. Collect, maintain and make available to DOC/SJB 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. • Y. Fiscal Audit and Verification of Line Item Expenses. Provide to the State an independent fiscal audit •eport which addresses the agency's fiscal year(s) relevant to the contract period. If not detailed in the report, the Contractor will be responsible for providing additional information which independently compares the year's actual expenses to those budgeted in the line items of Contractor's Exhibit "A". Such materials shall be provided to the State within six (6) months of the end of the fiscal year unless a different schedule is established in writing by mutual agreement of the parties. These requirements may be waived, all or in part, by the State in accordance with established standards. 3. MUTUAL PROVISIONS: A. Effective Dates. The period of this contract shall be from July 1, 1999, through June 30, 2004, contingent upon availability of funds subject to Paragraph I.A. herein. 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 eitirely 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 liaoility of the parties hereunder for the further performance of the terms of this contract shall thereupon cease, but tie parties shall not be relieved of the duty to perform their obligation up to the date of termination. Upon receipt of notice of termination for convenience, the Contractor shall incur no further obligations ii connection with the contract. The Contractor will be reimbursed for reasonable costs allocable to the contract performance. The State may deduct any unliquidated advance payments made pursuant to Exhibit "B" from compensation due the Contractor, and in the event the amount advanced exceeds the compensation yet due the Contractor after termination, that amount shall be remitted to the State within thirty (30) days of coniract termination. Page 8 of 12 E. Exhibits and Order of Precedence. This contract consists of this document and the following exhibits. In the event there are any inconsistencies, ambiguities or omissions between thi.$ document and the following exhibits, this document shall govern over the provisions of the listed exhibits. 1. Exhibit A, Subcontractor proposals: Al . The Villa at Greeley, Inc. d.b.a. The Restitution Center d.b.a. Residential Treatment Center, A2. ARTS Foundation d.b.a. Peer-I, A3. Community Responsibility Center, Inc., A4. Larimer County Community Corrections, A5. Correctional Management, Inc. dba Boulder Community Treatment Center dba Longmont Community Treatment Center 2. Exhibit B, Allocation Letter (3-page sample). 3. Exhibit C, Change Order Letter (1-page sample). 4. Exhibit D, Resolution, ordinance or statute authorizing the Contractor to enter into an agreement with the State to provide community correction services. 5. Exhibit E, Certificates of Insurance for each subcontractor identified in Exhibit A. 6. Exhibit F, Colorado Community Corrections Standards (CCCS) consisting of the following: - CCCS, Residential Services, as revised or amended - CCCS, Non-Residential Services, as revised or amended. 7. Exhibit G, Community Corrections Month-End Billing Forms (1-page samples of each) as follows: Diversion Residential Billing Form Diversion Non-Residential Billing Form Transition Residential Billing Form Transition Mileage Billing Form Transition Condition of Parole Billing Form Independent Living Billing Form 8. Exhibit H, Colorado Community Corrections Monthly Expenditures Summary Form (1- page sample). 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. 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 Page 9 of 12 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. Page 10 of 12 SPECIAL PROVISIONS CONTROLLER'S APPROVAL I.This contract shall not he 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 arc 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-excavatian 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 deli aer to the State official who will sign the contract, a good and sufficient bond or other acceptable surety to he 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 he 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 um labor,materials,team hire,sustenanceprovisions.provendor or other supplies used or consumed by such contractor or his subcontractor in performance of the cork contracted to he 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 he audited,allowed or paid.A certified or cashier's check or 3 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-I1)6. 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 empion cgs, 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 lass respec tine discrimination and unfair employment practices (CRS 24-34-402), and as required by Executive Order, Equal Opportunity and Affirmative Action. dated April 16. 1975.Pursumr thereto.the fullon'ing pro /coins shall he ronmined in all Stare 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. maritalstatus, religion,ancestry.mental or physical handicap.or age.The contractor will take affirmative action to insure that applicants are employed,and(hat employees are treated during employment, without regard to the above mentioned characteristics. Such action shall include,but not be limited to the follow mg. employment upgrading,demotion,or transfer,recruitment or recruitment advenisings: 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 phy sical 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(locernor. (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, regulaions and Orders of the Governor, or pursuant thereto. and will permit access to his books. records. and accounts bs 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 rare.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 thin contract to he 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 1 1 1 2 6I5'8L511.602d page_ of _ pages (g)In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules,regulations,or orders,this con- tract 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 maybe imposed and remedies as may be invoked as provided in Executive Orders,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 subcontract 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 vencor.The contractor will take such action with respect to any subcontracting or purchase order as the contracting agency may direct,as a means of enforcing such provisions,including sanctions for noncompliance;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 817101 & 102 for preference of Colorado labor are applicable to this contract if public works within the State arc undertaken hereunder and arc financed in whole or in part be State funds. 6b 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 nonresident bidder from a state or foreign country equal to the preference given or required by the state or foreign country in which the nonresident bidder is a resident. [f it is determined by the officer respor sible for awarding the bid that compliance with this subsection .06 may cause denial of federal funds which would other- wise 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 819101 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 cortract whether or not incorporated herein by reference which provides for arbitration by any extrajudicial 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.Pursuant to CRS 2430202.4(as amended), the state controller may withhold debts owed to state agencies under the vendor offset intercept system for: (a) unpaid child support debt or child support arrearages;(b)unpaid balance of tax,accrued interest,or other charges specified in Article 21,Title 39,CRS; lc) unpaid loans due to the student loan division of the department of higher education;(d)owed amounts required to be paid to the unemployment compensation fund;and(e)other unpaid debts owing to the state or any agency thereof,the amount of which is found to be owing as a result of final agency determination or reduced to judgment as certified by the controller. 10.The signatories aver that they are familiar with CRS 18-8-301,et.seq.,(Bribery and Corrupt Influences)and CRS 188 401,et.seq.,(Abuse of Public Office), and that no violation of such provisions is present. 11.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: STATE OF COLORADO Bill Owens, Governor (Full Legal Name) Board of Commissioners of Weld County 84-6000-813 I By c/t^"A— 1 \i Araal Secur ty Nun, r or P I EXECUUV .DIR Cron Signature of Authorized 0 ccr Dale K. H 1 Chair 13 r�' s2 N lid of utho d ) .c. If Corporation: fry lyr " PARTMENTOF Public Safety A,�, I ) \ • � 1- Attu(Sea)By r >. F. uty tilg Deer€� to t e .( �5 sy Arth r L. Barnhart ATTORNEY GENERAL .� / �t�l 1- APPROVALS STA CONTROLLER By By 7 Form 6-AC-02C Revised 2/99 615-82-50-6038 Page 12 of 12 AG File No.PJLd/CONTRACT/OFFICAVSPECPROVDOC 90300102W Contractor's Exhibit A Board of Commissioners of Weld County State Fiscal Years 1999-2004 The contract proposal for performance of services required to operate pursuant to Article 27, Title 17, C.R.S., shall be accomplished in accordance with the prime contract terms and conditions by the identified subcontractor(s) as provided in Exhibit Al (The Villa at Greeley, Inc. d.b.a. The Restitution Center d.b.a. Residential Treatment Center), Exhibit A2 (ARTS Foundation d.b.a. Peer-I), Exhibit A3 (Community Responsibility Center, Inc.), Exhibit A4 (Larimer County Community Corrections), and Exhibit A5 (Correctional Management, Inc. d.b.a. Boulder Community Treatment Center d.b.a. Longmont Community Treatment Center),which are available at the Division of Criminal Justice. Division of Criminal Justice cd cs Carol C.Poole,Acting Director 700 Kipling St. Suite 1000 Denver,CO 80215-5865 (303)239-4442 COLORADO FAX(303)239-4491 DEPARTMENT OF PUBLIC SAFETY Exhibit B ALLOCATION LETTER # FY Contractor Address City, State ZIP Contractor: Pursuant to paragraph 1.A.1 of the contract between the Department of Public Safety, Division of Criminal Justice (DCJ), and , DCJ hereby notifies you of the following funding allocations for Fiscal Year 1) The maximum amount payable from the State for community corrections services under Contract # , for the period July 1, through June 30, , is as follows: $ for residential transition placements at a daily rate of $ per offender, S for residential transition placements for specialized services as described in Exhibit "A" at a daily rate of $ per offender, Bill Owens GOVERNOR for residential diversion direct sentence and diversion condition of probation Aristedes W.2averss placements at a daily rate of $ per offender, EXECUTIVE DIRECTOR Division of Criminal Justice S for diversion non-residential placements at no more than $257.00 per month Colorado Stale per offender, not to exceed an average of $5.12 per day per offender, Patrol Colorado Bureau $ _ per day per offender for residential parole placements, of Investigation Fee Safety no more than $ per day per offender for day reporting center services, safer P 9 no more than $ per day per offender for 3/4 house placements, and CJ per ciem supplements to provide specialized services, with prior approval. by the State, for offenders with special needs. 2) Payment pursuant to this Allocation Letter shall be made as earned, in whole or in part, DCJ from available State funds encumbered in an amount not to exceed $ for the purc lase of community corrections services for all Contractors, subject to the line item • and per diem expenditure limitations in Paragraph 1 .above. It is further uncerstood and Home Page.www.stale.co.us/gov_dir/cdpsidci.htm E-Mail.carol.poole©cdps.state.co.us Contractor Date Page 2 agreed that the maximum amount of State funds available for fiscal year_ for the purchase of community corrections services is in the amount of $ . Total liability of the State, at any time, for such payments shall be limited to the unencumbered amount remaining of such funds. 3) Funds allocated in this Funding Letter 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. 4) Any unexpended funds allocated or advanced to the Contractor by the Funding Letter shall be reverted to the State no later than September 1, 5) The State may prospectively order an increase or decrease in the amount payable and the corresponding levels of service under this Funding Letter through a "Change Order Letter", approved by the State Controller or his designee, in the form attached, marked as Exhibit "C" and incorporated herein by reference, subject to the following conditions: a) The Change Order Letter ("Letter") shall include the following: 1) Identification of Contract by Contract number,Allocation Letter Number and affected paragraph numberls); 2) Types of service or programs increased or decreased and the new level of each service or program; 3) Amount of the increase or decrease in level of funding for each service or program and the total; 4) Intended effective date of the funding change; 5) A provision stating that the Change shall not be valid until approved by the State Controller or such assistant as he may designate. b) Upon proper execution and approval, such Letter shall become an amendment to this Contract and, except for the Special Provisions of the Contract, the Letter shall supersede the Contract in the event of a conflict between the two. It is understood and agreed that the Letter may be used only for increased or decreased funding, and corresponding adjustments to service levels and any budget line items. c) If the Contractor agrees to and accepts the change, the Contractor shall execute and return the Letter to the State by the effective date indicated in the Letter. In the event the Contractor does not accept the change, or fails to timely return the executed Letter, the State or the Contractor, upon notice to the other, may terminate this Contract effective at any time after twenty 120) days following the return deadline specified in the Letter. Such notice shall specify the effective date of termination. In the event of termination, the parties shall not be relieved of their obligations up to the effective date of termination. Contractor Date Page 3 d) Increases or decreases in the level of contractual funding made through the Letter process during the term of this Contract may be made under the following circumstances: 1) Adjustments to reflect current year expenditures; 2) Supplemental appropriations resulting in an increase or decrease in the amounts originally budgeted and available for the purposes of this program; 3) Closure of programs and/or termination of related contracts; 4) Delay or difficulty in implementing new programs or services; and 5) Other special circumstances as deemed appropriate by the State. This amendment to the contract is intended to be effective , but in no event shall this amendment be deemed valid until it shall have been approved by the State Controller or his designee. Please sign, date an i return all copies of this Letter on or before STATE OF COLORADO CONTRACTOR BILL OWENS, GOVERNOR By: By: Executive Director Dept. of Public Safety Title Approvals: STATE CONTROLLER BY: State Controller or Authorized Designee Division of Criminal Justice cd js Carol C.Poole,Acting Director 700 Kipling St. Suite 1000 Denver,CO 80215-5865 (303)239-4442 COLORADO FAX(303)239-4491 DEPARTMENT OF PUBLIC SAFETY Exhibit C CHANGE ORDER LETTER FY Contractor Address City, State ZIP Contractor: Pursuant to paragraph 5 of Exhibit B to the contract between the Department of Public Safety, Division of Criminal Justice (DCJ), and , DCJ hereby notifies you that the maximum arnount payable from the State for type of service and per diem under Contract # covering the period July 1, through June 30, is hereby increased/decreased by $ amt. of change to a new total of $ new contract total for line item. These additional funds are for community correctional services and may not be used for administrative expenses. The per diem rates remain unchanged. The affected lines of paragraph 1. of Exhibit B (Contract # I shall now read: " This amendment to the contract and allocation letter is intended to be effective but in no event shall this amendment be deemed valid until it shall have been approved am Owens by the State Controller or his designee. GOVERNOR Aristedes W.Zavaras EXECUTIVE DIRECTOR Please sign, date and return all copies of this Letter on or before , __. Division of Criminal Justice Colorado State STATE OF COLORADO CONTRACTOR Patrol BILL OWENS, GOVERNOR Colorado Bureau of Investigation By: By: Division of Fire Safety Executive Director Dept. of Public Safety EU Title Approvals: STATE CONTROLLER DCJ BY: State Controller or Authorized Designee Home Page.www.slate co.usigov_dir/cops/dci.htm E-Mair carol poole®cdps state.co.us Exhibit D OCT , . Y RESOLUTION OCT 7 1991 RE: REPEALING AND REENACTING ALL RESOLUTIONS AND MOTIONS OF THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY WITH REGARD TO THE ESTABLISHMENT AND STRUCTURE DF THE WELD COUNTY COMMUNITY CORRECTIONS BOARD AND ESTABLISHING THE WELD COUNTY COMMUNITY CORRECTIONS BOARD AND APPOINTING ITS MEMBERS WHEREAS, the Board of County Commissioners of Weld County has previously established and maintained a Weld County Community Corrections Board by and through certain resolutions and motions, including, but not limited to, Resolutions dated July 20, 1981, and November 30, 1981; and WHEREAS, the Board of County Commissioners of Weld County is now desirous of compiling the provisions of these previous Resolutions and replacing said Resolutions with one comprehensive creating resolution; and WHEREAS, tie Board of County Commissioners of Weld County has determined it to be in the public interest to establish a functional Weld County Community Corrections Board in accordance with Section 17-27-103, C.R.S. , as amended; and WHEREAS, said Weld County Community Corrections Board shall be established to accomplish the purposes of Article 27 of title 17 of the Colorado Revised Statutes, as amended, through the specific powers and responsibilities set forth in the By-laws cf said entity as approved herein by the Board of Weld County Commissioners. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that all Resolutions and Motions previously enacted by this Board establishing and organizing the Weld County Community Corrections Board, including but no: limited to Resolutions dated July 20, 1981, and November 30, 1981, are hereby repealed in their entirety and replaced by this Resolution. BE IT FURTHER RESOLVED that there is hereby established the Weld County Community Corrections Board. Said entity shall be a functional corrections board and is established to accomplish the purposes of Article 27 of title 17 of the Colorado Revised Statutes, as amended. BE IT FURTHER RESOLVED that the proposed By-laws of the Weld County Community Corrections Board, attached to this Resolution and incorporated herein by reference, are hereby approved. The Weld County Community Corrections Board shall have the duties , responsibilities, express powers and the authority set forth in the By-laws to accomplish the purposes of Article 27 of title 17 of the Colorado Revised Statutes, as amended. BE IT FURTHER RESOLVED that the Weld County Community Corrections Board shall be composed of the following persons or their properly designated representatives : 911108 (9(:c) �G LUcc-c_ Z ) US.) �. Jr? C 1(- ' J — Page 2 RE: COMMUNITY CORRECTIONS BOARD 1. The Chief Judge for the 19th Judicial District of the State of Colorado. 2. The District Attorney for the 19th Judicial District of the State of Colorado. 3. The Chief Probation Officer for the 19th Judicial District of the State of Colorado. 4. A member of the Weld County Bar who is not a member of the District Attorney's Office for the 19th Judicial District of the State of Colorado. 5. A r=_presentative with law enforcement background. 6. In addition, three other persons appointed at-large. The positions or representatives of the Chief Judge, the District Attorney, and the Chief Probation Officer shall serve terms, the length of which shall be at the pleasure of those respective positions. The Weld County Bar member, the member with law enforcement background and the three at-large members may serve a three year term with eligibility for reappointment for additional terms. BE IT FURTHER RESOLVED that the following individuals are appointed to membership on the Weld County Community Corrections Board for a term expiring on the date set op:?osite of their respective names: Representative Appointee Term Expiration District Attorney, 19th Judicial District Thomas Quammen August 1, 1994 Representative of the Chief Judge, 19th Judicial District Honorable William West August 1, 1994 Representative with Law Enforcement Background Richard Evans August 1, 1993 Chief Probation Officer, 19th Judicial District Lee Steele August 1„ 1993 Member of the Weld County Bar Keith McIntyre August 1 , 1992 At-Large. Member Carolyn Mettler August 1., 1992 At-Large Member Sandii Turner August 1., 1994 At-Large Member Ray Mora August 1, 1993 911108 Page 3 RE: COMMUNITY CORRECTIONS BOARD The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of September, A.D. , 1991. J/( BOARD OF COUNTY COMMISSIONERS ATTEST: 4/14.7 WELD COUNT DLO 0 Weld C era td Gordo / y, rman By: / r/2---'( :?.%�:f �L rte- c % C Deputy Clerk -to the Board I '.---_ -:/-- - +c ,e2<:.;--7_--------T.--A---_ Geo e Kenny, Pro-Tern APPROVED AS FORM: Constance L. Harbert County Attorney ze JJ C. W. Kirby t / l W. H. Webster' 911108 WELD COUNTY COMMUNITY CORRECTIONS BOARD BYLAWS ARTICLE I NAME Section i The name of the entity shall be the Weld County Community Corrections Board, hereinafter referred to as "the Board" . Section 2 T.le principal office of the program shall be located in the County of Weld, State of Colorado, at such place as the Weld County Board of County Commissioners, hereinafter referred to as "the Commissioners", may determine from time to time. ARTICLE II COUNTY COMMISSIONERS Section 1 The ultimate authority for the operation of community correctional facilities and community correctional programs lies with the Weld County Board of County Commissioners. Section 2 The Commissioners have established, under Title 17. Article 27 of tt.e 1973 Colorado Revised Statutes. (Sec. 17-27-101 et seq. , C.R.S. 1973 , as amended, and Weld County Resolutions dated July 2€ , 1981, and November 30, 1981 , the Board and delegated to it such powers as are necessary to accomplish the purposes of ccm unify corrections as established by the above mentioned statute. • • Section 3 The Commissioners, shall reserve the right to veto any action taken by the Board, except for personnel actions taken by the Board with respect to the Administrative Assistant . Section 4 The Board will deliver to the Commissioners minutes of all scheduled or unscheduled meetings. Section 5 The Board shall not have the power to over-ride a veto of the Commissioners . Page 1 of 8 1110 � WELD COUNTY COMMJNITY CORRECTIONS BOARD BYLAWS ARTICLE III PURPOSE Section 1 As authorized under Title 17, Article 27 of the 1973 Colorado Revised Statutes. (Sec. 17-27-101 et seq. , C.R.S. 1973 , as amended, and Weld County Resolutions dated July 20, 1981 , and November 30, 1981 , the Board' s purposes are to: ( .) Operate as a functional board responsible for establishing and enforcing standards for the operation of any community correctional facilities and community correctional programs in Weld County. (2) Establish and enforce standards for the conduct of offenders placed in the community correctional facilities and community correctional programs in Weld Counts-. (2) Establish procedures for screening for offenders who will be placed in any community correctional facility or community correctional program in Weld County. (4) Exercise its authority to accept, reject or reject after acceptance the placement of any offender in a community correctional facility or community correctional program pursuant to any contracts or agreements with the Colorado Department of Corrections or any Colorado Judicial District . (5) Operate under the procedures set forth in Title 17 , Article 27 of the 1973 Colorado Revised Statutes and any amendments or revisions thereto. (6). Require implementation by the community correctional • facilities and community correctional programs in -Weld County of the rules, regulations and standards set forth by the Division of Criminal Justice of the Colorado Department of Public Safety. (7) /Execute contracts subject to the approval of the Commissioners with the Division of Criminal Justice of the Colorado Department of Public Safety and any service and program providers concerning the operation of any community correctional facilities and community correctional programs in Weld County. (8) Authorize disbursement of funds appropriated to or received by the Board, subject to the veto power of the .Commissioners . Page 2 of 8 WELD COUNTY COMMUNITY CORRECTIONS BOARD BYLAWS ARTICLE IV AUTHORITY Section 1 The Board will operate under the procedures set forth by 17-27- 1C3, et seq. , C. R.S. 1973 , as amended, which states that , "The governing Board of any unit of local government may establish corrections board" . . . . the governing board may delegate to such ccrrections board any powers necessary to accomplish the purposes of this article. " Section 2 The Board is established pursuant to Resolutions dated July 20, 1981, and November 30, 1981 , as adopted by the Commissioners . ARTICLE V DELEGATED POWERS Section 1 The Commissioners delegate to the Board the authority to oversee the efficient and effective operation of the community correctional facilities and community correctional programs in Weld County. Section 2 All budget items will be subject to monthly review by the Board. Section 3 All budget revisions shall be reviewed by the Board. Section 4 The annual budget shall be approved by the Board prior :o the first day of the Fiscal Year. ARTICLE VI • • • FISCAL YEAR Section 1 The fiscal Year of the Board shall be the twelve months beginning the first day of July and ending the last day of June . ARTICLE VII BOARD MEMBERS Section i Conposition - The Board shall be composed of eight (8) members . Such appointments shall be made by Resolution of the Conmissioners. The exact number may be changed from time to tLme with concurrence bg the Commissioners . Page 3 of 8 WELD COUNTY COMMUNITY CORRECTIONS BOARD BYLAWS The following persons are appointed to serve personally or through their properly designated representatives. (1.) The Chief Judge for the Nineteenth Judicial District of the State of Colorado. (2) The District Attorney for the Nineteenth Judicial District of the State of Colorado. (_ ) The Chief Probation Officer for the Nineteenth Judicial District of the State of Colorado. (= ) A member of the Weld County Bar who is not a member of the District attorney's Office for the Nineteenth Judicial District of the State of Colorado. (`) A representative with law enforcement background . (6) In addition, three (3) other persons shall be appointed by the Commissioners. Section 2 Arpointed Representatives - A roll call will he taken at each meeting to establish voting members present . Section 3 Term - Board members may be removed with or without good cause shown b_v action of the Commissioners.. The representatives appointed by the Chief Judge, District Attorney, and Chief Probation Officer will serve at the pleasure of those positions. The Weld County Bar member, the member with law enforcement background and the other three members will serve a three year term and will be eligible for reappointment for additional terms. Section 4 Meetings The Board shall meet at the time and place as shall be called by the Chair or any five members by five days written • notice unless such notice shall be waived by all members. All meetings will be conducted pursuant to the Colorado Open Meetings Law, (Section '_4-6-401, et . seq. C.R.S. ) . Notices shall state the time and place of the meeting. Four (4) members of the Board shall constitute a quorum for general business and five (5) members shall constitute a quorum for policy issues . any vote by a majority of a quorum shall he the act of all the Board. If a meeting of the Board has been convened with a quorum in attendance, a quorum shall be deemed to exist until the conclusion of such meeting . In the absence of a quorum, a majority of the members present may adjourn the meeting from time to time until a quorum be ot . The Board will meet at least once each month . Page 4 of 8 • WELD COUNTY COMMUNITY CORRECTIONS BOARD BYLAWS Section 5 Action "Without Meeting - The Board mar act without a meeting if a majority of the members approve such action and said action be duly ratified by members present at the next meeting of the Board. Section 6 Conduct of Meetings (1) Meetings of the Board shall be conducted according to traditional Parliamentary procedures; the Chair will rule on disputes. (2) Agendas for regular meetings will be prepared and distributed to the Board prior to each meeting whenever possible. ( ) Minutes will be distributed prior to the next regular meeting whenever possible. Section 7 Compensation of Board Members - No Board member and no person from whom the program may receive anv property or funds, shall receive, or be lawfully entitled to receive, any pecuniary profit from the operations of the program, and in no event and under no circumstances shall any part of the assets, whether principal, income or accumulations be paid as salary or compensation to, or be distributed to, or inure to the benefit of, any of the members or their successors, or anv person or his heirs or personal representatives who shall contribute any money or other property tc the program; provided, however, that any member may, from time tc time, be reimbursed for his/her actual or reasonable expenses incurred in connection with the administration of the affairs of the program. • Section 8 Any member who has three (3) unexcused absences from regular meetings during a fiscal year may be requested to provide justification to the Board. ARTICLE VIII OFFICERS Section 1 Officers of the Board shall consist of Chair, Vice-Char._ and Treasurer. Section 2 Officers shall serve for two years, though eligible to :un for additional terms. Page 5 of 8 • WELD COUNTY COMMUNITY CORRECTIONS BOARD BYLAWS Section 3 Selection of Officers shall be made by the Board at the first regular meeting prior to October 1 of each odd numbered year be a vcte of the total membership. Such vote may be by proxy or telephone prior to the meeting. Officers shall serve until the new Officers are duly elected. Section 4 Officer vacancies due to termination or resiunat ion . shall be filled hr a majority vote of the remaining Board members : the • newly elected Officer shall only serve in that office the remainder of the term but shall then be eligible to ran for a full term. Section 5 Duties of the Officers shall be as follows : (1) The Chair shall preside at all meetings of the Board. The Chair shall appoint chairs of all committees and shall serve as an ex-officio member of all committees . The Chair shall perform other duties designated by the Board. The Chair shall serve as the official spokesperson for the Board. (2) The Vice-Chair shall perform such duties as the Chair and/or the Board may designate. In the absence of the Chair, the Vice-Chair shall perform his/her duties . (31 The Treasurer shall be responsible for aiding in the preparation of the annual budget and reporting on expenditures from that budget on a regular basis . • Section 6 Adn,inistratihe Staff - There shall be an Administrative Assistant to ,3ss.ist the Board . The Administrative Assistant shall serve soieiv at the pleasure .of the Board. The Administrative Assistant position shall be contingent upon adequate funding from contracts • with the State of Colorado executed pursuant to Article 27 Title 17 of the Colorado Revised Statutes, as amended. Duties of the Administrative Assistant shall be as follows : ( . Maintain the minutes of all meetings . (2 Assist in functions of the Board . (3 Assist ripe Officers as needed. Pane 6 of 8 WELD COUNTY COMMJNITY CORRECTIONS BOARD BYLAWS ARTICLE IX COMMITTEES • Section 1 The Board's Chair may appoint ad hoc committees as deemed necessary to deal with various matters of Board interest and concern. ARTICLE N AMENDMENTS Section 1 These Bylaws may be amended at any scheduled meeting of the Board by a majority vote of the Board members, and subject to approval by: the Commissioners. Section 2 At least ten (10) days notice in writing shall be given to the voting members of any proposed amendments to these Bylaws. The written notice shall also include the proposed amendments . Section 3 Amendments to these Bylaws shall take effect when they have been approved and approval is acknowledged by the signatures of the Board Chair, and the Chair of the Commissioners. ARTICLE XI APPROVAL OF THE BYLAWS Section 1 These Bylaws will be in effect upon approval by a majority vote of the Board members and the Commissioners with such approval acknowledged by the dated signatures of the Board Chair and the . Chair of .the ,Commissioners. ARTICLE XII RELATIONSHIP WITH THE NINETEENTH JUDICIAL DISTRICT Section 1 These Bylaws in no way alter the ability of the Chief Judge of the Judicial District to contract with the Commissioners and/or Board as to' the specific operation of the community correctional facilities or community correctional programs consistent with existing state law. Page 7 of 8 WELD COUNTY COMMUNITY CORRECTIONS BOARD BYLAWS ARTICLE IN COMMITTEES Section 1 The Board's Chair may appoint ad hoc committees as deemed necessary to deal with various matters of Board interest and concern. ARTICLE X AMENDMENTS Section 1 These Bylaws may be amended at any scheduled meeting of the Board by a majority vote of the Board members, and subject to approval by the Commissioners. Section 2 At least ten (10) days notice in writing shall be given to the voting members of any proposed amendments to these Bylaws. The written notice shall also include the proposed amendments . Section ] Amendments to these Bylaws shall take effect when they have been approved and approval is acknowledged by the signatures of the Board Chair, and the Chair of the Commissioners. • ARTICLE XI APPROVAL OF THE BYLAWS Section 1 These Bylaws will be in effect upon approval by a majority vote of the Board members and the Commissioners with such approval acknowledged by the dated signatures of the Board Chair and the Chair of .the .Commissioners. ARTICLE XII RELATIONSHIP WITH THE NINETEENTH JUDICIAL DISTRICT Section 1 These Bylaws in no way alter the ability of the Chief Judge of the Jidicial District to contract with the Commissioners and/or Board as to the specific operation of the community correctional facilities or community correctional programs consistent with e. isting state 1a':. Page 7 at 2 WELD COUNTY COMM::NIT- CORRECTIONS BOARD BYLAWS ADOPTED: WELD COUNTY COMMUNITY CORRECTIONS BOARD B} : / A ,, ��:>> - 2C. : _ Chairman Date BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY Chair Dat ATTEST: WELD COUNT CLE3 : TO T:�E^_, `;1 BY: ,/ fee/ DEPUTY CLER1. TO THE SCAM Page 8 of REP.-15-1959 14:R( Ex✓1iit:I Y L F.02 ..._._ ,. ....... . . .. ...... . . mm ....... ...... .....•••. . . ...w..... .. ........ 1 Lire/ 1u/ 77 ERODUDEN THIS CERTIFICATE IS ISSUED At A MATTER Of INFORMATION Flood Et Peterson Ins. Inc . ONLY an GOICENS NO NIGHTS UPON 11W CERTIFICATE 211 First Street HOLDER- THIS CF_RTIFICATE DOES NOT AMEND EXTEND OR ALTER THe COVERAGE AFFORDED BY THE FOLIaIeS BELOW- Eaton, CO 80615 970-454-3381 INSURERS AFFORDING COVERAGE MARC, woumpa.ST PAUL FIRE & MARINE PJSURANCE C INSURER B: The Villa at Greeley INGOTS,C ' 1750 6th Avenue INSURER O:Greeley, CO 80631 IN _.. COVERAGas TIE POLICIES OF INSURANCE USTE J ULLOW IIAYF BEEN ISSUED TO THE ENURED NAMED ABOVE FOR THE POIICY PENIon NDCATFD. NOTWNEISTANOINO AM PEOUFEMENT. TEEM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT YROI ILSPECE TO WHICH T-US CERRFlCATE MAY BE Iccuth OR MAY PERTAN, THE INSURANCE AFFORDED BY THE POCKS DCiCNBED HEREN IN SUBJECT TO ALL THE TERMS.EXCLUSIONS AND CONDITIONS OF SUCH POLICES. AGGHECATF IMfs SHOA'N MAT HAVE SEEN REDUCED BY FIND GLANS. ILA .... - BCTYE%Willi FIRAi1[ll'( LTA TTlI OF INSURANCE 001_IGY RUMMER QATI•A1M/o0I71F DIflTlMM7➢D/rri LINTS A OENERLLLIAOILIT FK06601633 09/01/99 09/01/99 EACH OCCURRENCE 31, 000, 000 yy MMMeRCInLoven& W Ltl0.II• Gin DAMAGE Any Ono we1100, 00D CLAIMS MADE' X pectin MED EIm(Any one Pn<nn) S5, D 00 renxNAL&AorrM.ANT 31, 00.000Q fj GC REGAL AGGREGATE ii, 000, 000_ GENT AGONECIATE LIMO A)9LE9PER: PRODUCTS-COMP/KIP AGO 11 000, 000 IPOLICY{ I 72i ;ILD' I _ AUTOMOBILE LABILITY COMBINED SINOLE LIMIT I S [EA sworn ANY AUTO ALL OwNe O AUTOS BOOILTINJURT L Per ovum) uc HEDULED AUTOS* _.. _. .. HIRED AU1 OS BODILY INJURY NON-DroNE D AUTOS rt.,sd�tl F PROPERTY DAMAGE S rw swami) GARAGE LIABILITT _AUTO ONLY-EAACCIDENT S _ ANT AUTO OTHER THAN EA ACC H AUTO ONL T-. Awl S - ---, ETAESG LIABILITY EACH OCCURRENCE I$ 1 OCCUR ' 'CLAIMS MADE AGGREGATE F .. S DEDUCTIBIF 1 I RETENTION 1 L _ mummers - �- mODN6'CCOMPENSATI0NAND II DRTL MTS� BOER EMPL .eLUILT R e.L EACH ACCIDENT L_ E.L.DISEASE-EAEMnmEE S _ EL.DISEACE.roLICYtIMH!S A OTHER professional FK06601633 09/O1/98 {09/01199 $1,000, 000 Ea Occ iabil3ty $3 , 000, 000 Aggregate L -- OECORInON OF DR ERATIONSILOCATICNSIVEHICLPBIUCLUSIONRA00E0 Et ENDOREMENTfKCUL NIOYIRIONN Division of Criminal Justice and State of Colorado are listed as Additional Lneureds . CERTIFICATE HOLDER I X I ADfrir10NALlAAEDRcureR sTTQ _CAE. ELATION wouLoAM WINE ARDVE OE¢1i wOPOUOESBE OANU LLEO IEF6E THE WMTION Division of C'rim].r,*ii Justice DATVTTIiN{OP,T121MWINGINOUNefWILLlNOt4YMTOMA1L3.0...0ATCwwneN 700 Kipling, Suite 3000 NOTRETOTIN LLITIPIOATI YDLDERRAMPOIDniu LAI:T,B LIT FNUPE 10 GU TDCHALL Denver, CO 80215 IMPOIE PM oeumA710/1 OR LOBAR,oF AMNIND UPON THE INIOAWRITS AGENTS OR ti ATNEIL D !MUTAT ACORD n-s(7/97)1 o f 2 4126333 G a ACORD CORPORATION T9RR :11TH P.'22 liGrl I II—Met" I C yr IIYJ LIfIMIVVG SU:.H INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER WILL NOT BE CANCELED OR OTHERWISE TERMINATED WITHOUT GIVING 10 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED BELOW, BUT IN NO EVENT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM THE DATE WRITTEN. THIS CERTIFICATE OF INSURANCE DOES NOT CHANGE THE COVERAGE PROVIDED BY ANY POLICY DESCRIBED BELOW. Rec'd by DCUI This certifies that: Et STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, Illinois, or APR 0 1 .1999 1999 STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois APR V IJJJ has coverage in force for the following Named Insured as shown below: Named Insured Thr= Villa Address of Named Insured _1_150 6th Ave rrpel ay, rn R0611 POUCY NUMBER 64 0R99-F.06-06 ('6R 6494-B25-06 EFFECTIVE DATE OF POLICY 1 /6/98-05/06!99 02!25/99-08/25/99 DESCRIPTION OF VEHICLE 996 Butck 1998 GMC LIABILITY COVERAGE IxI YES = NO I xi YES NO n YES n NO YES I I NO LIMOS OF LIABILITY a. Bodily Injury Each Person Each Accident 1 MM 1 MM b. Property Damage Each Accident ..500, 00(l 500, 000 c. Sedgy Injury&Property Damage Single Limit Each Accident PHYSICAL DAMAGE I XI YES F I NO )( YES I NO I I YES NO I I YES I I NO COVERAGES a. Comprehensive _ S.10() _ Deductible $ 1 n n Deductible $ Deductible $ — Deductible rill YES I NO I XI YES I I NO I I YES I NO I I YES NO b. Collision $7 S 0 _ Deductible $ 75 0 Deductible $ Deductible $ _ Deductible EMPLOYER'S NON-OWNERSHIP I I YES Q NO T1 YES F I NO I YES I I NO I I YES I I NO COVERAGE N/A NJA HIRED CAR COVERAGE I I YES = NO I I YES { 1 NO I YES I I NO YES NO /734 3-si -9� Signature of Authonxed Representative Title Agent's Code Numter Date Name and Address of Certificate Holder Name and Address of Agent 7 Division of Criminal Justice STATE FARM INSURANCE 100 Kipling, Suite 3000 Denver, CO 80215 MARCX LABS N -Agent 1705 9TH STREET GREELEY, Co 80631 356-8700 L_ _I _. FLOOD/PETE EATON ID :454-3252 APR 05 ' 99 12 :24 No . 010 P . 02 COPY ItoSNOW ADDITIONAL INSURED ENDORSEMENT This endorsement changes coverage under your Health Care Commercial General Liability Protection HOW YOUR COVERAGE 1S CHANCED: Your Health Care Commercial General Liability Protection is changed by adding the following to "Who Is Protected Under This Agreement" section. The effect of this change is to increase the number of persons/organizations who are protected. \\ The coverage provided under this extension is on an additional insured basis. This means that the additional insured named above does not have separate limits of liability but is sharing in your coverage limits. NAME OF PROTECTED PERSON OR ORGANIZATION: State of Colorado Department of Criminal Justice Suite 1000 700 Kipling Denver, Colorado 80215 OTHER TERMS: All other terms of your policy remain the same. Name of Insured Policy Number FK06601633 Effective Date 09/01/98 THE VILLA AT GREELEY Preeesslag Date 10/16/98 13:16 001 43002 Ed.2-85 Printed in U.S.A. Customized Form 'St.Pnul Fire and Merino Insurance Co.1985 Page 1 of 2 CXrI1GI I L ACORD CERTIFICATE OF LIABILITY INSURANCE DATe;MM,DDW) TM - 10/09/1998 PRODUCER (303)773-9999 FAX 'HIS CENTIHILA It IS ISSUtO ACA MA FLIER OF INFORMATION rthur J. Gallagher & Co. - Denver ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 9 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 7900 E. Union Suite 200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Denver, CO 80237 COMPANIES AFFORDINGC:OVERAGE COMPANY United National Insurance Co. Attn: Heidi Peterson Ext: 458 A INSURED COMPANY Subscription Form See Attached University of Colorado B Health Sci ences Cen-_er - - - -- - - -- - P.O. Box 6508, M.S. F437 COMPANY Aurora, CO 80045-0508 -- - - - -- - -- - -COMPANY D CO S THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY'REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE CF INSURANCE °n"CY NDAIBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR -" DATE IMM/DDITY) DATE IMM/DDIYY) GENERAL LIABILITY GENERAL AGGREGATE S None X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG $ Included A CLAIMS MADE ' X OCCUR XTP 54438 10/01/1998 10/01/1999 PERSONAL SAOV INJURY $ Included OWNER'S&CONTRAC-OR'5 PROT EACH OCCURRENCE $ 1,000,000 X Manuscript Form FIRE DAMAGE(An/one fire) $ Excluded X $250,000 SIR MED KP(Any one person) $ Excluded AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN?'JTG ONLY'. EACH ACCIDENT S AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE UMBRELLA FORM AGGREGATE OTHER THAN UMBRELLA FORM WLSIRI!J- VIM WORKERS COMPENSATION AND TORN LIMITS ER EMPLOYERS'LIABILITY 'The limits of liability CiIcvn: CI the liErits at irc':IIon. EL EACH ACCIDENT Arthur J. rot or notification in theevent of depletionof the aggregatee any . THE PROPRIETOR/ INCL EL DISEASE-POLICY LIMIT S PARTNERS/EXECUTIVE OFFICERS ARE EXCL EL DISEASE-EA EMPLOYEE $ OTHER Property - Special $500,000,000 Blanket Limit g Form SEE ATTACHED 10/01/1998 10/01/1999 $100,000 Deductible DESCRIPTION OF OPERATIONS/LOCATIONSIVE-IICLES/SPECIAL ITEMS E: University of Colorado Health Sciences Center Department of Psychiatry "Peer 1 Program" CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE .,. ' ' EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 45 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Division of Crimina- Justice - BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE No OBLIGATION OR LIABILITY ATTN: Stephanie 700 Kipling Street OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Denver, CO 80215 ACORD 25-S(1/9-S CACOR4 CORPORATION 1983 'n,rr,o/J O°,crpm'1-w-ov!.rci- .. University of Colorado Addendum to Liability Certificate 10/09/1998 Arthur J. Gallagher & Co. - Denver 10/09/1998 To the extent permitted or required by law, the University of Colorado, a body corporate, shall be responsible for the negligent acts and omissions of its officers and employees in connection with the performance of the contract identified in this certificate; provided, however, that nothing herein shall waive or alter the -mmunities or limitations on liability afforded the University, its officers, or its employees by the Colorado Governmental Immunity Act, C.R.S. §24-10-101 et seq. , as now or hereafter amended, by any other state or federal statute or constitutional provision, or by judicial decision. University of Colorado University of Colorado Hospital Authority Property Schedule of Carriers and Policy Numbers Insurance Company Policy Number Allianz Insurance Company CLP1031298 Northriver Insurance Company 2440534518 Genesis Insurance Company YPB300553A 06-15-1999 11: 14RM FROM CRC, Inc. (303)-232-4002 TO 3032394411 P.01 EXhlb,t E A CORD ey S.yy (may j�(� { 1 �/^ n'_s yS /[1. FYI • � TFF I�.TF E, �� LL�ABILIT INsuRANGt:L1�1$ + R _ r DATE IMMNOMY) .l.. .,,., . .. , .. ., ..'06/14/1999 ".. PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Talbot Boulder Insurance Associate ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1601 28th Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE Boulder, CO 80301 -- COMPANY North American Specialty Ins A INSURED COMPANY Professional Vndrw Liab Community Responsibility Center B Attn: Jonathan Fry 1651 Kendall St. COMPANY Lakewood CO 80214 COMPANY O G0tkF"R¢GF:S..•.,.,..� <CM= .._ . . �; S r t t� THIS IS TO CERTIFY THAT THE POLICIES OP INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY SE ISSUED OR.MAY➢ERTAIN.SBEJNSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. co TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTNE POLICY EXPIRATION LTR DATE IMMIDDIYYI DATE IMMAJDNYI UwIT5 A GENERALLIAEIUTY A,F0000064000 03/05/1999 03/OS/2000 GENERAL AGGREGATE a 3, 000, 000 X COMMERCIAL GENERAL LIABILITY PRODUCTS COMP/OP AG5 : 1,000, 000 _. I CLAIMS MADE A]OCCUR PERSONAL 6 AOV INJURY S 1,000, 000 OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE S 1,000,000 FIRE DAMAGE(Anyone Mel 8 50,000 MED EXP:Any one Persons S 5, 000 A AuTOmO81IEUABILTTY AFC000064000 03/05/1999 03/05/2000 COMBINED SINGLE LIMIT t 1, 000, 000 ANY AUTO — ALL 0WNED AUTOS --" -- —_� BODILY INJURY X SCHEDULED AUTOS Per oenonl X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS /� O (Per Redeems /��� C•I PROPERTY DAMAGE GARAGE DABIUTY U ` I AUTO ONLY•EA ACCIDENT ANY AUTO OTHER THAN AUTO ONLY: - EACH ACCIDENT AGGREGATE I I OTHEREDAM ELLA FORM_. ._ . .. _... AGGREGATE ._... --. 8 3, 000, 000. B EXCESSLIABIUTY 108353 03/05/1999 03/05/2000 EACH OCCURRENCE XIUMBRELLAFORM 6 3,000,000. I I WORKERS COMPENSATION AND WC 3TAlLL OTKI EMPLOYERS'UARILITY TORY LIMITS _ ER El EACH ACCOENT• THE PROPRIETOR! INCL EL DISEASE-POLICY LIMIT PARTNERSIEFECUTIVE -- �.__- OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE I e OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICIET/SPECIAL ITEMS Prt.ficace Folder Ls named an Add,aional Insured per Form CG 2025- \ddicional Insured-Designated Person or Organization. CER7IFICAT£HOL�€R: �._..::s ° ,... . -: .<. , ? .CANEEZLAl1UN, '; • . ",._ ,,r .• ' . State of Colorado, Dept. of vPublic Safety SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Division of Criminal Just1Ce EXPIRATION DATE THEREOF" THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 700 Kiplinq street 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Denver CO 80215 OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES. Iytl{_Rirp r.NTATIV \J\rte AGORD 25=S 11/9511 . .. . .. z+3 ACORD CDRPORATIOM 1988. TOTAL F.01 L:xHIEIT G LARIMER `COUNTY RISK MANAGEMENT DEPARTMENT - 110 North Howes Street Post Office Box 1190 Fort Collins,Colorado 80522-1190 Phone (970) 498-7361 Fax (970)498-7365 COMMITTED TO EXCE intemet E-Mai':houdasdl@co.larimer.coUS F CAT 0SUR NCE " This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend or alter the coverage afforded or the immunities provided by law. NAME AND ADDRESS OF SELF-INSURED: COVERAGE: Larimer County, Colorado and it; departments, Effective 12:01 a.m. July 1, 1988, Larimer County became agencies, boards, officials and employees. self-insurer with regards to its general and automobile liability exposures. The limits of liability shown on this certificate are P O Box 1190 those for which the County accepts responsibility pursuant to Fort Collins, Colorado 80522 the Colorado Government Immunity Act, Section 24-10-101, et seq., C.R.S. COVERAGE EXPIRATION LIMITS OF LIABILITY Bodily Injury and each person $150,000 GENERAL LIABILITY 5/16/99 Property Damage each occurrence $600,000 Combined aggregate N/A Bodily Injury and each person $150,000 AUTOMOTIVE LIABILITY 3/16/98 Property Damage each occurrence $600.000 Combined aggregate N/A All Risk Property $10.000 PROPERTY 5/15/98 Losses in excess of$10,000 are insured by Reliance Insurance Co. Description of Operations/LocationNehicles/Special Items: Re: 7/1/97 - 6/30/98 Contract between Larimer County Community Corrections and the Criminal Justice Dept. All claims made under this certificate must be done in strict conformance with C.R.S.24-10-101 et seq CERTIFICATE HOLDER: DATE ISSUED: MAY 29, 1997 Division of Criminal Justice 700 Kipling 141000 Denver Colorado 80215 Colorado law precludes including certificate-holders as Additional Insureds. cc: Nancy Griffith-Conklin xii-1 ACORD CERTIFICATE OF LIABILITY INSURANCE CSR 35 DATE(MM/DDm) CORMA.01 03/18/99 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Lockton Companies/St. Louis n +�f. HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1 Cityplace Drive, Suite 160 Elec C by t-r,I ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. St. Louis MO 63141 MARG,) 1999 I_ COMPANIES AFFORDING COVERAGE COMPANY Phone No. 314-432-0500 Far No A Pacific Insurance Company INSURED COMPANY B Correctional Management, Inc. ' COMPANY Ms. Lisa Wood C 207 Canyon Boulevard, #205 COMPANY Boulder CO 80302 D #1 COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF S UCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. COI TYPE CF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION 'T LIMITS LTR i DATE(MM/DD/YY) DATE(MM/ODIVY) GENERAL LIABILITY GENERAL AGGREGATE $ 1,000,000 A X I COMMERCIAL GENERAL LIABILITY ZY0000849 I 05/01/98 05/01/99 PRODUCTS-COMP/OPAGG $ 1,000,000 I CLAIMS MADE X ' OCCUR PERSONAL B ADb INJURY IS 1,000,000 OWNER'S B CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000 II—X Professional Liab I III FIRE DAMAGE(Any one are) $EXCLUDED . I MED EXP(Any one person I$ EXCLUDED I !AUTOMOBILE LIABILITY I I i I ,, COMBINED SINGLE LIMIT I S ' ANY ALTO I Ai ALL OWNED AUTOS BODILY IPUUR' S ~I SCHEDULED AUTOS • ' I (Per person) • HIRED AUTOS BODILY INJURY i NON-OWNED AUTOS (Per accident) — — T. -- PROPERTY DAMAGE I II GARAGE 'S AGE LIABILITY AUTO ONLY-EA ACCIDENTS ANY AUTO I OTHER THAN PUTO ONLY I EACH CCIDENT $ AGGREGATEA $ EXCESS LIABILITY 1 EACH OCCURRENCE _• �$ UMBRELLA FORM AGGREGATE I OTHER THAN UMBRE_LA FORM - -- 1 WORKERS COMPENSATION AND I •WC STATU. IOTH EMPLOYEPC LIABILITYI TORY LIMITS 1EERI_ ____ EL EACH ACCIDENT 1 S I THE PROPRIETOR/ ' - INCL EL DISEASE POLICY LILIMITS PARTNERS/EXECUTIVE _ OFFICERS ARE: 1 EXCL EL DISEASE-EA EMPLOYEE 5 • OTHER 1 • DESCRIPTION OF OPERATIONS/LCCATIONS/VEHICLES/SPECIAL ITEMS ! No Deductable - Sexual Abuse $50,000 per claim/S100 000 aggregate Location 14485 E. Freemont Ave. , Englewood, CO 90111 Rehabilitative Social Services including but not limited to drug & alcohol abuse rograms for chemically addicted individuals. Certificate Holder is also an Additional Insured. - Designated Organization CERTIFICATE HOLDER CANCELLATION DIVOFOI i SHOULD ANY OF THE ABOVE DESCRIBED POLICIES SE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. Division of Criminal Justice BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NC OBLIGATION OR LIABILITY 700 Kipling, Suite 3000 Denver CC 80215 OF ANY KIND UPON THE COMPANY ITS AGENTS` OR RE REORESENTATIVES ,_ ACORD 25-S (1/95) 1988 Jul -21 -98 12 : 15P CAI 3034499768 P. 02 07/:1/86 lit LL:JL r.tl JL4Olc+ an JU6. -16' 98 THUI 16:41 RESTR0PE ' 'SS0CIATE TEL:142251 P. 002 07!•10/ax 11:01 trot? 52..4100 S►tCLAL L1t•r5 yiou L'wo POLICY NUMBER ZY 0000149 of PACIFIC INSURANCE COMPANY,LI IJTED ISSUED TO: CORRECTIONAL MANAGEMENT,INC, THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ENDORSEMENT 03 This endorsement mtod.fiet instruct provided under the following: COA.AERCIAL GENERAL.LIABILITY COVERAGE PART HEALTH CARE FACILITY PROFESSIONAL LIABILITY COVERAGE PART In consideration of the premium paid,it Is treed that Form 0.106(1/96), Additional Insured -Designated Person or Organization,is added to the policy per the attached. Effective. May 1, 19911 This endorsement dots not change the policy except as shown. MFH 7116191 VB/bcs Jul-Z1 -98 12 : 15P CMI 3034499768 P . 03 07/:1/fl -tut 1S:41 rAS JNCaa Jcee ..--... _- _. JUL. •16' 91ITHU) 16:41 MESTROPE.' 'SSOCIATE TEL:142257 P. 003 e1ileias 45:05 451? stor-beoo SP[CIAL •---• LINOS icy V4L uVJ POLICY NUMBER: ZY 00001149 ofPAC P1C INSURANCE COMPANY,LIMITED ISSUED TO: CORRECTIONAL MANAGEMENT,INC. This endorsement modifies insurance provided under the Ibllowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Nune ofPerson or Organization. Boulder County Q Boulder Sheriff's Deputmant P0.Boil 471 Boulder,CO S0306 State of Colorado Deputment of Public Safety 700 Kiplitta Street, Sluts 1000 Denver, CO$0215 County of Boulder State of CO A Body Corporate and Politic Attn: Julie Creech P.O. Box 471 Boulder, CO S0302 Division of Crimial Justice 700 Kipling, Suite 3003 Denver, CO 80215 WHO IS AN INSURED(Section n)is amended w include as an insured the person or orgartiution shown in I insured but with respect to liability arising out of your operations or premises owned nc�Schedule as an rat wtiy sp by or rented to you. G-106(8/96) ACORD CERTIFICATE OF LIABILITY INSURANCE. z \ $ DATE(MM/DD/YY) 04/05/1999 PRODUCER (303)442-1484 FAX (303)442-8822 THIS CERTIIILATElSISS0ED As AT MAID(OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Taggart & Associates, Inc. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 1600 Canyon Boul evard ALTER THE COVERAGE AFFORDED BYT'HE POLICIES BELOW. P. 0, Box 147 COMPANIES AFFORDING COVERAGE Boulder, CO 80306 COMPANY Hartford Insurance Attn: Karen Dewey CIC Ext: A INSURED COMPANY Correctional Management Inc B 207 Canyon Boulevard #205 Boulder, CO 80302 COMPANY COMPANY D COVERAGES. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DD/YY) DATE(MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE $ COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG $ CLAIMS MADE OCCUR PERSONAL&AD\r INJURY $ OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ FIRE DAMAGE(Any one fire) $ MED EXP(Any one person) $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S X ANY AUTO 1,000 ,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) A I4UECEI9221 04/11/1999 04/11/2000 HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUi 0 ONLY EACF ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND TORY LIMITS uin S ER EMPLOYERS'LIABILITY EL EACH ACCIDENT $ THE PROPRIETOR/ INCL EL DISEASE-POLICY LIMIT $ PARTNERS/EXECUTIVE OFFICERS ARE EXCL EL DISEASE-EA EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS State of Colorado, Division of Criminal Justice is named as an additional insured with respect to work performed by the insured CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, State of Colorado Division of Criminal Justice BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 700 Kipling, Ste 1000 OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. Denver, CO 80215 AUTHORIZED REPRESENTATIVE , • r Michael Taggart CPCU CLC/ / /' / AC0RD 25-S(¶19Sy �' ri4ACORD COPO oh ¶988 FY 1999-2000 COMMUNITY CORRECTIONS CONTRACT EXHIBIT G COMMUNITY CORRECTIONS MONTH-END BILLING FORMS Division of Criminal Justice Diversion, Community Corrections RESIDENTIAL MONTH-END BILLING FORM Name of Program Month Year Staff Filling out Form Client's Judicial Dist. Program Director Signature Probation Signature DCJ Staff Signature Date Date # of District Entered Released Billing Cost of Resid. Name of Client Served Court Case Resid. From Days in Services for Number Program Resid. Resid. this Month TOTAL Division of Criminal Justice Diversion, Community Corrections NON-RESIDENTIAL MONTH-END BILLING FORM Name of Program Month Year Staff Filling out Form Client's Judicial Dist. Program Director Signature Probation Signature DCJ Staff Signature # of District Date Date :. . Billing Cost of Court Entered Released Days Super- Non Rend Name of Client Served Case Non- From in vision Services for '. Number Resid. Non-Res. Non- Level this Month Res. TOTAL Division of Criminal Justice Transition, Community Corrections MILEAGE BILLING FORM Name of Program Month Year Staff Filling out Form Total Name of Client DOC Case Date of Purpose of Travel Number of Number Travel Miles TOTAL Division of Criminal Justice Transition, Community Corrections CONDITION OF PAROLE MONTH-END BILLING FORM Name of Program _ Month Year Staff Filling out Form Program Director Signature Parole Signature DCJ Staff Signature Date Date # of D.O.C. Entered Released Billing - Cost of Resid. Name of Client Servecl Case Resid. From Days in Services for Number Program Resid. Resid. this Month • 1 TOTAL Division of Criminal Justice Community Corrections INDEPENDENT LIVING MONTH-END BILLING FORM Name of Program _ Month Year Staff Filling out Form Client's Judicial Dist. Program Director Signature Probation Signature DCJ Staff Signature Date District Date Released # of Cost of I.L.U. Name of Client Served] Court Case Entered From Billing Services for Number Program Program Days this Month TOTAL ._I a I- O y I Z O -1 a z _ Z O w i O Lu W w > cc to c 0 Z o O T wc9 cc E OU cn z < O azi H F15Z l Z co z � Wa m O - > N _ � Q Ow LUOW _T O • •' < O CC 2 - O O U Z Q cc I- TO ( S � E E ,c a) co = Q a1 a) Q U C C (.1) CC -a (C6 Eco 1:3 T a+ Co fo N y CE W a) Q C y C p \ E O a LU .LJ Cl) tNn y d d d X O C J CO J Q .J W U Division of Criminal Justice cd os Carol C.Poole,Acting Director 700 Kipling St. Suite 1000 Denver,CO 80215-5865 (303)239-4442 COLORADO FAX(303)239-4491 DEPARTMENT OF PUBLIC SAFETY DATE: March 9, 1999 TO: Community Corrections Contractors FROM: Edward J. Cam Director, Community Corrections SUBJECT: FY 1999-2004 Contracts Enclosed are three copies of your five-year community corrections contract for the period July 1, 1999 through June 30, 2004. This is a master contract that provides community corrections contract language for your review and signature. Allocation letters will be sent to you in May of each of the next five years that will set the per diem rates and allocations for each fiscal year. Please follow all applicable instructions on the enclosed checklist and return all three copies of your contract to Stephanie Piechowski. Original signatures are required on all three copies. You will receive a fully executed copy of this contract, upon completion of processing. DCJ has been granted a contract routing waiver. The waiver eliminates the need to send each contract downtown for agency approvals; individual contracts and Bill Owens allocation letters will be processed within the department. This should reduce GOVERNOR processing time by DCJ. Arisledes W.Zaveres EXECUTIVE DIRECTOR Divisionm Contracts will be processed on a first-come, first-served basis. After you have CriminalJusluce reviewed, signed and returned your contract package, each contract will be signed Colorado Siete by the executive director of the Department of Public Safety. Then DCJ will attach Patrol P Colorado Bureau all exhibits (including all of your subcontractor's current insurance certificates). The otlnvesti9alion contracts will then be signed by a representative from the Department of Public Division of Safety's accounting department. Fire Salary A listing of significant changes to the contract this fiscal year is enclosed. CJ Please follow all applicable instructions on your checklist and return all three copies of your contract to Stephanie Piechowski as soon as possible. If you have any questions, please call Stephanie (239-4460) or me (239-4448). DCJ C4 Enclosures Home Page www.slate.co us/gov dir/cdps/dci him 990677 E-Mail-carol poole@cdps slate co us i Hood ' CHANGES MADE TO THE FY 1999-2004 COMMUNITY CORRECTIONS CONTRACT GENERAL FORMAT The community corrections contract is a five-year base contract with an allocation letter each fiscal year that will set the per diem rates and allocations for that year. All references to allocations have been changed from Para. I.A.2. to "Exhibit B" I Allocation Letter). BASE CONTRACT Paragraph I.A. Multi Year Obligations. Added the following new language that explains the allocation letter: Prior to the beginning of each fiscal year, the State shall send the Contractor an "Allocation Letter", approved by the State Controller or his designee, in the form attached, marked as Exhibit "B" and incorporated herein by reference. The Allocation Letter shall include the following conditions: a) Original maximum annual allocations and rates of reimbursement for each category of community corrections funding; b) Applicable fiscal year for the allocation and rate of reimbursement c) A provision stating that the allocations shall not be valid until approved by the State Controller or his designee. 2) Upon proper execution and approval by both parties,such Allocation Letter shall become an amendment to this contract. 3) If the Contractor agrees to and accepts the allocation, the Contractor shall execute and return the Allocation Letter to the State by the effective date indicated in the letter (a period of at least thirty days). In the event the Contractor does not accept the allocation, or fails to return the executed Allocation Letter by the effective date, the State or the Contractor, upon notice to the other, may terminate this contract effective the beginning of the fiscal year. Paragraph 1 .B. Payment for Services. 1 .B.1 . Changed "The State may advance funds..." to "The State agrees to advance funds..." 1.8.4. DELETED the following sentence from 5% Administrative funds. "If the total allocation is not spent, the administrative money available for use is limited to five percent (5%) of actual expenditures. " 1 .8.7. Changed date tha: requests for supplemental funds must be submitted to October 20 of each fiscal year. Added the requirement that requests for diversion funding include profiles of offenders served within the jurisdiction. "Any request for diversion funding must include profiles of offenders served within the jurisdiction to identify the proportion that would likely be placed in prison without diversion resources. Profiles should identify offenders with two or more prior felonies, convictions for felony 2's or 3's or felony sex offenses, revoked probation cases, inmates granted sentence reconsiderations, or other characteristics documenting the types of offenders served within the jurisdiction. " Paragraph 1 .C. Subcontracts. Changed date that subcontracts must be provided to the State to "within ninety days following the beginning of the fiscal year. ". Paragraph 1 .F. Noncompliance. Changed wording for noncompliance to: "The State agrees to allow contractors thirty days within which they may correct or justify identified issues, following a notice of noncompliance, unless there is an immediate risk to public safety. If the identified issues are unresolved within the thirty day period, action may be taken that will result in withholding funds. " Paragraph 2.1. Review and Inspection. Paragraph 2.P. Inspections Moved language from previous paragraph P. to be combined with paragraph 2.1. Paragraph 2.J. Unauthorized Absence. Changed the time requirement that the Contractor must notify DOC or SJB from four hours to "two hours after an offender becomes absent from the program without authorization." Paragraph 2.P. Insurance. Added language stating that the contractor "or subcontractor" must obtain and maintain insurance. Changed the time that the Contractor shall provide proof of insurance from 7 working days of contract execution to "with the return of Exibit "B". Paragraph 2.AA. Non-Compliance with Provisions of this Section. DELETED this paragraph that allows for adjustment of payment. Paragraph 3.A. Effective Dates. Changed effective dates of the contract to "July 1, 1999 through June 30, 2004, contingent upon availability of funds subject to paragraph LA. herein." Paragraph 3.E. Exhibits and Order of Precedence. Described Exhibit F, Community Corrections Standards, "as revised or amended", to allow for any future revisions. ALLOCATION LETTER (EXHIBIT "B") Paragraph 1 . Per diem rates wil be changed as they are set in the Long Bill. Paragraph 2. Total funds available for the fiscal year will be changed to the total listed in the Long Bill. Paragraph 5.C. Provides language allowing either the State or the Contractor to terminate the Contract, in the event the Comtractor does not accept the Change Order Letter or fails to timely return the executed Letter.
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