HomeMy WebLinkAbout961195.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR COMMUNITY CORRECTIONS INMATE INTENSIVE
SUPERVISION PROGRAM SERVICES WITH THE VILLA AT GREELEY, INC., DBA
THE RESIDENTIAL TREATMENT CENTER, 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 an Agreement for Community
Corrections Inmate Intensive Supervision Program Services between the County of Weld, State
of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of
Weld County Community Corrections, and The Villa at Greeley, Inc., dba the Residential
Treatment Center, commencing July 1, 1996, and ending June 30, 1997, with further terms and
conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, 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 Agreement for Community Corrections Inmate Intensive
Supervision Program Services between the County of Weld, State of Colorado, by and through
the Board of County Commissioners of Weld County, on behalf of Weld County Community
Corrections, and The Villa at Greeley, Inc., dba the Residential Treatment Center, be, and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 15th day of July, A.D., 1996, nunc pro tunc July 1, 1996.
BOARD OF COUNTY COMMISSIONERS
i 41414etut W LD COUNTY, COLO DO
wOU . ,CE O c� %L
�.��i► Barbara J. Kirkmey -, Chair
��� , :icef.�.� ty Clerk to the Board
'b �►`' '\^ Cr ,ice
eorget. Baxter, Pro-Tem
Deputy to the Board
Dale K. Hall
APP D AS TO FORM: 4/a :2->o }g(4-4-44-e-cr
Constance L. Harbert % 7
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W. H. Webster
// 961195
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AGREEMENT FOR COMMUNITY CORRECTIONS
INMATE INTENSIVE SUPERVISION PROGRAM SERVICES
THIS AGREEMENT is made and entered into this /5'1 day of July, 1996, by and
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of the County of Weld, on behalf of Weld County Community Corrections,
whose address is 915 10th Street, Greeley, Colorado 80631, hereinafter referred to as "County,"
and the Villa at Greeley, Inc., dba, the Residential Treatment Center, whose address is 1776 6th
Avenue, Greeley, Colorado, 80631, hereinafter referred to as "the Villa."
WITNESSETH:
WHEREAS, the County has entered into a contract with the State of Colorado
Department of Corrections to provide inmate intensive supervision program services, a copy of
which is attached hereto and referred to herein as Exhibit"1", and
WHEREAS, the County is in need of professional services for said program and the Villa
has the staff and facilities necessary to provide such services, and
WHEREAS, the parties hereto now desire to enter into this Agreement for the purpose of
setting forth the relative duties and responsibilities of the parties with respect to services to be
provided by the Villa for the inmate intensive supervision program.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. TERM: This Agreement shall be effective for the term beginning July 1, 1996,
and ending June 30, 1997, unless sooner terminated by either of the parties hereto
pursuant to the termination procedures contained in Section 5., below.
2. SCOPE OF SERVICES: Services shall be provided by The Villa to designated
Department of Corrections inmates, with such services being described in Exhibit
"1." The Villa agrees to provide such services in compliance with all of the terms,
conditions, and requirements stated in Exhibit"1."
3. PAYMENT FOR SERVICES: Payment for services rendered by The Villa
pursuant to this Agreement shall be in accordance with the payment provisions set
forth in Section I., A. of Exhibit"1." The Villa shall submit an itemized monthly
bill to the County's Community Corrections Board Administrator for all sery ices
provided pursuant to this Agreement. Said bill shall be submitted no later than
the 15th day of the month following the month in which the services were
provided. Failure to submit monthly billings in accordance with the terms of this
Page 1 of 4 Pages
961195
Agreement may result in the Villa's forfeiture of all rights of being reimbursed for
such services. Payment of all services performed pursuant to this Agreement is
expressly contingent upon the availability of funds referred to in Exhibit"1." The
County shall not be billed for, and reimbursement shall not be made for,time
involved in activities outside of those defined in Exhibit "1". Such billing shall
not exceed $18,000 for the term from July 1, 1996 to June 30, 1997.
4. COMPLIANCE WITH CONTRACT REQUIREMENTS: The Villa agrees to
comply with all requirements of the "Contractor" stated in Exhibit"1", as if The
Villa was standing in the place of the "Contractor," including, but not limited to,
the requirements set forth in Sections 2. ("The Contractor Shall") and 3. (Mutual
Provisions), the Section entitled: "Special Provisions", and the Exhibits attached
thereto.
5. TERMINATION: This Agreement may be terminated by either party as follows:
a. Termination for default of performance: In the event either party defaults
in the performance of its duties and responsibilities set forth in this
Agreement, the other party shall notify the defaulting party of such default
in writing at the addresses described in Section 9., below. The defaulting
party shall then have 20 days in which to cure such default. In the event
the default is not cured, the non-defaulting party may then consider this
Agreement to be terminated with no further notice being necessary.
b. Termination for reasons other than default: Either party hereto may
terminate this Agreement upon providing written notice to the other party
at the address set forth in Section 9., below, at least thirty (30) days prior
to the intended date of termination.
6. INSURANCE: The Villa shall provide to the County proof of liability insurance
maintained at all times during the term of this Agreement in the amount of
$150,000 per person, $600,000 per occurrence, naming the County and its
employees and agents as Additional Named Insureds.
7. MODIFICATION OF AGREEMENT: All modifications to this Agreement shall
be in writing and signed by both parties.
8. ENTIRE AGREEMENT/NO THIRD PARTY BENEFICIARY: This
Agreement contains the entire Agreement and understanding between the parties
to this Agreement and supersedes any other Agreements concerning the subject
matter of this transaction, whether oral or written. It is expressly understood and
agreed that the enforcement of the terms and conditions of this Agreement, and all
rights of action relating to such enforcement, shall be strictly reserved to the
Page 2 of 4 Pages
961195
undersigned parties, and nothing contained in this Agreement shall give or allow
any claim or right of action whatsoever by any other person not included in this
Agreement. It is the express intention of the undersigned parties that any entity
other than the undersigned parties receiving services or benefits under this
Agreement shall be deemed an incidental beneficiary only.
9. NOTICE: All notices required to be given by the parties hereunder shall be given
by certified or registered mail by the individuals at the address as set forth below.
Either party may from time to time designate in writing a substitute person(s) or
addressed to whom such notices shall be sent:
County: Jan Spangler, Community Corrections Board Administrator. 915
10th Street, Greeley, Colorado, 80631.
The Villa: John Coppom, 1750 6th Avenue, Greeley, Colorado, 8063 I.
10. ASSIGNMENT: Neither this Agreement nor the rights or obligations hereunder
shall be assignable without the prior written consent of both parties.
11. CONTROLLING LAW: This Agreement shall be construed and enforced in
accordance with the laws of the State of Colorado.
12. NO WAIVER OF IMMUNITY: No portion of this Agreement shall be deemed to
constitute a waiver of any immunities the parties of their officers or employees
may posses, nor shall any portion of this Agreement be deemed to have created a
duty of care that did not previously exists with respect to any person not a party to
this Agreement.
13. INDEPENDENT CONTRACTOR: The Villa shall perform the services
hereunder and the requirements set forth in Exhibit"1" as an independent
contractor. Neither The Villa nor any agent or employee of The Villa shall be
deemed an agent or employee of the County.
14. SEVERABILITY: If any provision of this Agreement should be held to be
invalid, illegal, or unenforceable for any reason, the validity, legality, and
enforceability of the remaining provisions shall not in any way be affected or
impaired thereby.
Page 3 of 4 Pages
961195
IN WITNESS WHEREOF, the parties have hereunto set there hands and seals this
�S- day of July, 1996.
j
THE COUNTY OF WELD, STATE OF
COLORADO, by and through THE
� BOARD OF COUNTY COMMISSIONERS
/ OF THE COUNTY OF WELD, on behalf of
WELD COUNTY COMMUNITY
,L/ CORRECTIONS
B
BY 44 _
Barbara J. Kirkmeyer, Chair Ovry,s2416
THE VILLA AT GREELEY, INC.
BY: 7,
Coppom, resident
SUBSCRIBED AND SWORN to before me this/01h day of ,
1907.
WITNESS my hand and official seal.
otary PP lic
My commission expires: O9/98'
M:\WPFILES\AGREEUNMATESU.BTB
Page 4 of 4 Pages
961195
EXHIBIT "1"
AGENCY
Corrections
CAA
Contract Routing Number
97-
CONTRACT
THIS CONTRACT, made this first day of July, 1996, by and between the State of Colorado for the
use and benefit of the Department of Corrections, 2862 South Circle Drive, Suite 400, Colorado
Springs, CO 80906-4122, hereinafter respectively referred to as the DOC or the State, and Board of
Commissioners of Weld County on behalf of the Weld County Community Corrections Board P.O. Box
758 Greeley, Co. 80632 hereinafter referred to as the Contractor or the County.
WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise
made available and a sufficient uncommitted balance hereof remains available for encumbering and
subsequent payment of this contract under Encumbrance Number CAA97- in Fund Number
100, Appropriation Account and Organization 8250 : and
WHEREAS, required approval, clearance and coordination has been accomplished from and with
appropriate agencies: and
WHEREAS, contracts between the State and its political subdivisions are exempt from the procurement
process, pursuant to C.R.S. 24-101-105(1): and whereas the county has been deemed capable of
providing the services herein described: and
WHERAS, 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 the State is authorized by Articles 27 and 27.5, Title 17, C.R.S., as amended, to administer
and execute contracts with units of local government, corrections boards, or nongovernmental
agencies for the provision of community corrections inmate intensive supervision services and
programs as defined pursuant to Articles 27 and 27.5, Title 17, C.R.S., as amended.
NOW THEREFORE, the parties hereby agree:
1. THE STATE SHALL;
A. Payment for Services.
1) During the period of the contract, upon receipt of proper billing from the Contractor as
provided in paragraph 2.K. herein, payment shall be made up to a maximum total payment of:
$235.00 per month for non-residential ISP transition Baseline Services
as specified in Exhibit "A" and incorporated herein by reference.
$285.00 per month per inmate for non residential ISP transition Full Services as
specified in Exhibit "A"and incorporated herein by reference.
per diem supplements to provide specialized services, with prior approval by the State,
Page 1 of 10 961195
•
for inmates with special needs.
2) Payment pursuant to this Contract shall be made as earned, in whole or in part, from
available State funds encumbered in an amount not to exceed 518,000 for the
purchase of community corrections inmate intensive supervision program services for
all Contractors, subject to the line item and per diem expenditure limitations in
Paragraph 1.A.1. It is further understood and agreed that the maximum amount of
State funds available for fiscal year 1996-97 for the purchase of community corrections
inmate intensive supervision program services is in the amount of 518,000. Total
liability of the State, at any time, for such payments shall be limited to the
unencumbered amount remaining of such funds.
•
3) The State may prospectively order an increase or decrease in the amount payable and
the corresponding levels of service under this Contract through a "Change Order
Letter", approved by the State Controller or his designee, in the form attached, marked
as Exhibit "E" 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 and affected paragraph
number(s);
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 may, upon notice to Contractor,
terminate this Contract effective at any time after twenty (20) 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.
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; p
Page 2 of 10 96119p 5
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.
4) 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.
5) The community corrections board, or the unit of local government that established the
board, may use up to two percent (2%) of the total ISP non-residential allocation for
administrative purposes. The board or unit of local government will administer
contracts with approved service providers and administer payments to subcontractors
for two percent (2%) of the funds.
Boards shall keep financial records documenting the receipt and expenditures for all
administrative funds. Such records shall be maintained for a period of five (5) years
following the contract period.
6) Funds allocated in this Contract are for services rendered during the current contract
period and cannot be used to pay for intensive supervision services provided in prior
or future fiscal years.
7) Any unexpended funds allocated to the Contractor by this contract shall be reverted
to the State no later than September 1, 1997.
B. Subcontracts. Contractor may subcontract for intensive supervision services with any private
agency or unit of local government for the purpose of rendering services to inmates providing,
however, that any subcontracts shall comply with the terms and provisions of this contract and
all applicable sections of Articles 27 and 27.5, Title 17, C.R.S., as amended. Copies of any
subcontracts shall be provided to the State by October 1, 1996, or within thirty days following
the addition or replacement of a new subcontractor. No payment shall be authorized unless
the appropriate subcontract has been executed and the services specified in the approved
subcontract have actually been provided. Any reference in this agreement to "Contractor" shall
also apply to its subcontractors providing services pursuant to Articles 27 and 27.5, Title 17,
C.R.S., as amended.
C. Payment for Travel. Reimburse the Contractor at the rate of $.24 per mile for travel, when
such travel is requested by the Department of Corrections (DOC) or approved by the State for
the purpose of transporting offenders. The Contractor agrees that any and all travel to DOC
correctional facilities shall be coordinated by DOC prior to the Contractor being reimbursed.
The Contractor shall provide the State with travel reports setting forth the date of travel,
mileage, destination and offenders transported.
Page 3 of 10 961195
D. Noncompliance. Withhold funds when the State determines that the programs or facilities of
the Contractor are not in compliance with this contract. Overpayments made by the State, in
the event of non-compliance, shall be recoverable by the State from the Contractor through
deductions from future payments or recovered through legal proceedings.
E. 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 corrections inmate intensive supervision services through
programs approved by the local community corrections board in their jurisdiction and operate
pursuant to Articles 27 and 27.5, Title 17, C.R.S., as amended.
B. Description of Services. Provide such baseline and full monthly services as specified in Exhibit
"A" and incorporated herein by reference, for the provision of services to ISP transition
inmates.
C. Standards. Meet, maintain, and comply with all applicable guidelines or standards as provided
in Articles 27 and 27.5, Title 17, C.R.S., as amended, and the "Colorado Community
Corrections Standards", attached, marked as Exhibit "F" and incorporated herein by reference.
Non-compliance with standards may result in reduction of compensation rates as specified in
paragraph 1.A.1; cessation of offender placements in the program; implementation of a
competitive bid process, coordinated with the local community corrections board, to consider
alternate program providers; or cancellation of the contract.
D. Immigration Reform Control Act. Comply with all federal and state laws, including the
Immigration Reform Control Act in all hiring practices.
E. Americans with Disabilities Act. Comply with all applicable titles of the Americans with
Disabilities Act (Public Law 101.336) and submit documentation as required by the State to
demonstrate compliance with this Act.
F. Client Files. Maintain individual files as required by DOC for each offender participating in the
Contractor's program. While in the possession of the Contractor, the individual files shall be
maintained in a secure area, in a locked file cabinet or safe.
Such files and criminal history records shall be maintained and disseminated pursuant to
Section 24-72-202-204, C.R.S., and Section 24-72-301-308, C.R.S.; and in compliance with
Title 28 of the Code of Federal Regulations.
G. Reports. Provide timely, prompt, and accurate reports as are or may be required by the State
during the period of the contract, which includes but is not limited to statistical reports, and
referral and caseload data and other records documenting the types of services provided and
the identity of the individual offenders receiving such services.
H. Review and Inspection. Make both fiscal and program files available within three (3) working
days for review and inspection by the State to assure that the Contractor is providing the
Page 4 of 10 961.195
services and financial records required by this contract.
Absence Due to Arrest. Notify DOC immediately if they know an inmate 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, the State shall compensate the Contractor at
full rate for the day the offender is arrested, and at 50% of the regular per diem rate for up to
seven (7) days for maintaining the availability of a position during the offender's absence.
J. Additional Services. Obtain prior written approval from the State before providing any
additional billable services or evaluations not provided for by the terms and conditions of this
contract. If services are provided by the Contractor which exceed the maximum total payment
as described in Paragraph 1.A.1., the State is not liable for reimbursement. Should additional
funding become available, the State may, at its own option, choose to reimburse beyond the
amount specified in Paragraph 1.A.1.
K. Method of Billing. Bill the State for services provided on such forms and in such manner as the
State may require. Billings shall be submitted on the Inmate Intensive Supervision (ISP) Month
End Billing forms available at the Division of Community Corrections, sample forms attached,
marked as Exhibit "B" and incorporated herein by reference. In order for the billing to be
accepted by the State, the signatures of the appropriate Community Corrections Agent
confirming the accuracy of the billing and the Community Corrections Supervisor approving
the billing for payment is required. Summary billings shall be submitted to the State within
thirty (30) days following the end of each month, with all subcontractor billings attached. A
sample of the Monthly Expenditure Summary form is attached and marked as Exhibit "C" and
incorporated herein by reference. The Contractor shall report the total costs of its program to
the State within five (5) days after the end of the fiscal -year. The State may require the
Contractor to provide an estimate of final year-end expenditures anytime within sixty (60) days
prior to the end of the fiscal year.
L. Reimbursement by Client. Inmates in non-residential placement may be charged an amount
that averages 20% of the amount billed to the State as described in paragraph 1.A.1. (i.e., the
offenders may be charged one dollar for every five dollars paid by the State for non-residential
services). Each offender shall be issued receipts for fees collected.
Any charges to offenders in excess of these limits must be approved in advance by the State
and the local community corrections board. The Contractor must provide a description of such
additional fees, including rates, services or products purchased, and program policies and
procedures related to collecting and record keeping to the State, the local community
corrections board, and the referring agency.
M. Inspections. Allow DOC and /or other State agency employees to inspect, with or without
notice, the facilities, records, and services provided by the Contractor to determine compliance
with this contract.
N. Insurance. Maintain in full force and effect adequate liability insurance coverage with an
insurance company licensed and authorized to transact business within the State of Colorado
in the following amounts:
1) Comprehensive General Public Liability and Property Damage Insurance: Limit of Liability
5500,000. Combined Single Limit for Bodily Injury and Property Damage.
2) Comprehensive Auto Liability and Property Damage Insurance: Limit of Liability
5500,000. Combined Single Limit for Bodily Injury and Property Damage.
Page 5 of 10 961195
The Contractor shall furnish the State with written certification of such liability and property
damage insurance policy(s) prior to the effective date of the contract, and must notify the
State when insurance is canceled by either the insured or the underwriter thirty (30) days prior
to the cancellation and must obtain hew insurance coverage prior to the effective date of the
cancellation.
Non-owned automobile liability coverage in the same amounts is required if staff use their own
automobiles for business purposes. If offenders are not transported by the program, a
statement from the authorized official shall certify that offenders are not transported by
program staff or agents and such statement shall be attached to Exhibit "C".
The Contractor shall maintain in full force and effect Standard Workman's Compensation and
Employer's Liability, including occupational disease, covering all employees engaged in
performance of the work at the site, in the amount required by State statutes. If workman's
compensation insurance is carried by the State Compensation Insurance Fund, evidence of such
coverage shall be submitted on the Certificate of Insurance Form; if by private carrier, on
Certificate of Insurance, State Form SC-6.222.
The Contractor's liability insurance must establish the State of Colorado as "additional insured".
The Contractor shall attach a copy of the "Additional Insured" endorsement, establishing such
additional insured status. No payments will be made until this additional insured endorsement
is received.
If the Contractor -is a "public entity" within the meaning of the Colorado Governmental
Immunity Act, 24-10-101, et seq. C.R.S., as amended ("Act"), the Contractor shall maintain
such insurance, by commercial policy or self-insurance, as is necessary to meet Contractor's
liabilities under the Act. If permitted by the Contractor's insurance policy, the State shall be
named an additional insured and proof thereof provided to the State, as provided in this
paragraph for additional insured endorsements. Proof of such insurance shall be provided as
set forth in this paragraph 2.N. for other types of insurance. A community corrections board
shall not be considered a "public entity" for purposes of this sub-paragraph unless covered by
the insurance of the local government(s)-which created such board.
The Contractor shall attach proof of adequate insurance coverage, marked as Exhibit "G" and
incorporated herein by reference, in compliance with paragraph 2.N, herein.
0. Record Retention. Retain all books, records, and other documents of any part pertaining to this
agreement for five (5) years after final payment, and allow any person duly authorized in
writing by the State to have full access to and a right to examine and copy any of the above
materials during such period.
P. Confidentiality of Records. Comply with all laws regarding confidentiality of offenders' records.
Any request for information, including but not limited to offenders' records, shall be referred
by the Contractor to DOC.
Q. 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 inmates in the Contractor's non-residential program.
R. State and Local Regulations. Comply with all state and local health, safety, fire, building and
zoning requirements.
S. Fiscal Accounting of Clients. Maintain an accurate fiscal accounting of the earnings of all
Page 6 of 10
961195
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.
T. Information Provided. Provide information upon request to the appropriate DOC staff and the
Division of Community Corrections agents regarding the activities and adjustment of offenders
assigned to their program. Collect, maintain and make available to DOC staff and the Division
of Community Corrections agent 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. Provide a complete independent fiscal audit for the contract period and deliver
such audit to the State upon request. Such requirement may be waived, all or in part, by the
State.
3. MUTUAL PROVISIONS:
A. Effective Dates. The period of this contract shall be from July 1, 1996, through June 30,
1997.
B. Assignment. The rights and duties arising under this contract shall not be assigned or
delegated without the prior written consent of the State.
C. Independent Contractor. The Contractor is rendering services as an independent contractor,
not as an employee, and shall be accountable to the State for the ultimate results of its actions
but shall not be subject to the direct supervision and control of the State except as otherwise
provided herein. Neither the Contractor nor any agent, employee, or servant of Contractor shall
be or shall be deemed to be an employee, agent, or servant of the State. Contractor shall pay
when due all required employment taxes and income tax withholding, shall provide and keep
in force worker's compensation (and show proof of such insurance) and unemployment
compensation insurance in the amounts required by law, and shall be solely and entirely
responsible for its acts and the acts of its agents, employees, servants and the subcontractors
during the performance of this contract.
D. Termination. This contract may be terminated by either party by giving thirty (30) days notice
in writing, delivered by certified mail, return receipt requested, to the other party at the above
address, or delivered by personal services upon the party. If notice is so given, this contract
shall terminate on the expiration of the thirty (30) days, and the liability of the parties
hereunder for the further performance of the terms of this contract shall thereupon cease, but
the parties shall not be relieved of the duty to perform their obligation up to the date of
termination.
Upon receipt of notice of termination for convenience, the Contractor shall incur no further
obligations in connection with the contract. The Contractor will be reimbursed for reasonable
costs allocable to the contract performance.
E. Modification. This contract consists of this document and the following exhibits. In the event
there are any inconsistencies, ambiguities or omissions between this document and the
following exhibits, this document shall govern over the provisions of the listed exhibits.
1 . Exhibit A - FY 1996-97 Intensive Supervision Program (ISP) Description of Services and
Page 7 of 10 961195
Costs
2. Exhibit B - Inmate Intensive Supervision Program (ISP) Month End Billing form.
3. Exhibit C - Inmate Intensive Supervision Program (ISP) Services Monthly Expenditures
Summary
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, Change Order Letter (1-page sample).
6. Exhibit F - Colorado Community Corrections Standards (CCCS) consisting of the
following:
- CCCS, Residential Services, Revised, Contract Edition, 1992
- CCCS, Non-Residential Services, July 1, 1991
7. Exhibit G, Certificate of Insurance for each subcontractor
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 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 8 of 10
961195
SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
I.This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate.This
provision is applicable to any contract involving the payment of money by the State. -
FUND AVAILABILITY
2. Financial obligations of the State of Colorado payable after the current fiscal year aft contingent upon funds for that purpose being appropriated,budgeted,
and otherwise made available.
BOND REQUIREMENT
3. If this contract involves the payment of more than fifty thousand dollars for the construction,erection,repair,maintenance,or improvement of any building,
road,bridge,viaduct,tunnel,excavation or other public work for this State,the contractor shall,before entering upon the performance of any such work included
in this contract,duly execute and deliver to the State official who will sign the contract a good and sufficient bond or other acceptable surety to be approved by
said official in a penal sum not less than one-half of the total amount payable by theterms of this contract Such bond shall be duly executed by a qualified corporate
surety conditioned upon the faithful performance of the contract and in addition,shall provide that if the contractor or his subcontractors fail to duly pay for any
labor,materials,team hire,sustenance,provisions,provendor or other supplies used or consumed by such contractor or his subcontractor in performance of the work
contracted to be done or fails to pay any person who supplies rental machinery,tools,or equipment in the prosecution of the work the surety will pay the same in
an amount not exceeding the sum specified in the bond,together with interest at the rate of eight per cent per annum.Unless such bond is executed,delivered and
filed,no claim in favor of the contractor arising under such contract shall be audited,allowed or paid.A certified or cashier's check or a bank money order payable
to the'Trasurer of the State of Colorado may be accepted in lieu of a bond.This provision is in compliance with CRS 38-26-106.
INDEMNIFICATION
4. To the extent authorized by law,the contractor shall indemnify, save,and hold harmless the State, its employees and agents, against any and all claims,
damages, liability and court awards-including costs,expenses,and attorney fees incurred as a result of any act or omission by the contractor,or its employees,
agents,subcontractors,or assignees pursuant to the terms of this contract
DISCRIMINATION AND AFFIRMATIVE ACTION
•
5.The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957,as amended,and other applicable law respecting
discrimination and unfair employment practices(CRS 2434402),and as required by Executive Order,Equal 1975.Parisianthereto,the following pronisions shall be contained In air State O'and Affirmative Action,dated April 16,
contracts or+abcontracrs.
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,
employees are treated during anployment,without mgard to the above marital status,religion,ancestry,mental or physical handicap,or age.The contractor will take affirmative action so insure that applicants are employed,and that
employment upgrading.demotion,or transfer,rcanitment or recruitment mentioned
gs characteristics.Such action shall include.but not fbearms
limited a the following:
compensation:
d
selection for training,including apprenticeship.The contractorlay-offs or�matiO late pay or other fppli raf ts or employ and
notices to be provided by the contracting officer sett" forthagrees provisions post in conspicuous places.available to employees and applicants for employment,
mg 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,aced,color,national origin,sex,marital status,religion,ancestry,mental or physical handicap,
or age.
(c)The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or
understanding,notice to be provided by the contracting officer,advising the labor union or workers'representative of the contractor's commitment under the
Executive Order,Equal Opportunity and Affirmative Action,dated April 16,1975,and of the rules,regulations,and relevant Orders of the Governor.
(d)The contractor and labor unions will furnish all information and reports required by Executive Order,Equal Opportunity and Affirmative Action of April
16, 1975,and by the rules, regulations'and Orders of the Governor,or pursuant thereto,and will permit access to his books,records,and accounts by the
contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules,regulations and orders.
(e)A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization,or expel any such individual
from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity because of race,creed,color.
sex,national origin,or ancestry.
(f) A labor organization,or the employees or members thereof-will not aid,abet,incite,compel or coerce the doing of any act defined in this contract to be
discriminatory or obstruct or prevent any Y person from t be discriminatory.
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 discrmiratory.
Form 6-AC-028
Revised 1/93
395-53-01-1022
page of pages 1
961195
(g)In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules,regulations,or orders,
this contract may be canceled, terminated or suspended in whole or in pan and the contractor may be declared ineligible for further State contracts in
accordance with procedures,authorized in Executive Order,Equal Opportunity and Affirmative Action of April 16, 1975 and the rules,regulations,or
orders promulgated in accordance therewith,and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order,
Equal Opportunity and Affirmative Action of April 16, 1975,or by rules,regulations,or orders promulgated in accordance therewith,or as otherwise
provided by law.
(h)The contractor will include the provisions of paragraphs(a)through(h)in every sub-contract and subcontractor purchase order unless exempted by
rules,regulations.or orders issued pursuant to Executive Order,Equal Opportunity and Affirmative Action of April 16, 1975.so that such provisions will
be binding upon each subcontractor or vendor.The contractor will take such action with respect to any sub-contracting or purchase order as the contracting
agency may direct,as a means of enforcing such provisions,.including sanctions for 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 8-17-101&102 for preference of Colorado labor arc applicable to this contract if public works within the Slate arc undertaken hereunder and
are financed in whole or in part by State funds.
b.When a construction contract for a public project is to be awarded to a bidder,a resident bidder shall be allowed a preference against a non-resident bidder from
•state or foreign country equal to the preference given or required by the state or foreign country in which the non-resident bidder is a resident If it is determined by
the officer responsible for awarding the bid that compliance with this subsection.06 may came denial of federal funds which would otherwise be available or would
otherwise be inconsistent with requirements of Federal law,this subsection shall be suspended,but only to the extent nrrrccary to prevent denial of the moneys or to
eliminate the inconsistency with Federal requirements(CRS 8-19-101 and 102)
GENERAL
7.The laws of the State of Colorado and toles and regulations issued pursuant thereto shall be applied in the interpretation,execution,and enforcement of this
contract Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extra-judicial body or person or which
is otherwise in conflict with said laws,rules,and regulations shall be considered null and void.Nothing contained in any provision incorporated herein by reference
which purports to negate this or any other special provision in whole or in pan shall be valid or enforceable or available in any action ai law whether by way of complaint
defence,or otherwise.Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the
contract is capable of execution.
S.At all times during the performance of this contract the Contractor shall strictly adhere to all applicable federal and state laws,roles,and regulations that have
been or may hereafter be established.
9-The signatories aver that they are familiar with CRS 18-8-301,et.seq.,(Bribery and Corrupt Influences)and CRS 18-8-401,et seq..(Abuse of Public Office),
and that no violation of such provisions is present.
10.The signatories aver that to their knowledge,no state employee has any personal or beneficial interest whatsoever in the service or property described herein:
•
IN WITNESS WHEREOF,the parties hereto have executed this Contract on the day first above written.
Contractor.
(Furl Legal Name) STATE OF COLORADO
ROY ROMER,GOVERNOR
By
IXECUflVE DIRECTOR
Position(Title)
Social Security Nvmbcr or Federal LD.Number DEPARTMENT
•
If Corporation:) OF
Attest(Seal)
By
Corporate Secretary.or Equivalent.Town/Coy/County Clerk
APPROVALS
ATTORNEY GENERAL CONTROLLER
By BY
Form 6-AC-02C 961195
Revised I/93 Page .which is the last of_ pages
RI 5-82-SO-ROAR *Sec instructions on averse side.
1
Exhibit A
FY 1996-97 Intensive Supervision Program (ISP) Description of Services and
Costs
BASELINE SERVICES: Reimbursable up to $235.00 monthly for:
Case Management Services
Monitoring/implementing of the ease plan, as prepared and approved by the Department of
Corrections (DOC), Division of Community Corrections staff for supervision and treatment. The
Community Corrections Agent conducts the assessment and provides the plan, defining the role
of the contract case manager.
Daily Call-Ins
Receive offender daily call-in between 6:00 A.M. and 9:00 A.M.,providing daily itinerary. The
offender can leave a recorded message, but the time of the call needs to be verified, and the
information provided needs to be accessible to DOC and Division of Community Corrections
staff. Call ID is preferable, but not required.
Random. Weekly Urinanalysis(UM
Four(4)supervised UA's per month. One of the four must be a poly-drug test; the other three
tests must be for drugs of choice.
Face-to-Face Individual Sessions
One(1)documented session per week to verify employment,residence and verify case plan
activities. These sessions may be deferred by the Division of Community Corrections Agent.
Employment Verification
Verification of offender's employment by phone or paystub once a month. The Division of
Community Corrections Agent will do a personal verification.
Treatment Verification
Verification by telephone or attendance verification slip once per month for each type of
treatment the offender is required to receive.
Telephone Contacts
Routine phone contacts as needed, as part of case management. This includes responses to DOC
and Division of Community Corrections inquiries and offender inquiries.
Restitution Collection
Collection and submittal of restitution payments, if applicable.
Monthly Summary Report
Reports to be prepared and mailed/faxed to the Division of Community Corrections.
961195
2
Exhibit A
FY 1996-97 Intensive Supervision Program (ISP) Description of Services and
Costs
Incident Reports
Reports to be provided to the Division of Community Corrections, as required, on any incident
that involves violation of rules or treatment plan. The report must include offender's name, DOC
number, date, time, location, description of incident, behavior and other pertinent information.
FULL SERVICES: Reimbursable up to$285.00 monthly for:
Baseline services described above plus at lease one of the following:
Breathalyser(daily)
Antabuse (3 per week)
Additional urinanalysis(UA)
Medication Monitoring
Telephonic Curfew Monitoring(at least 12 per month)
Additional(ace Management Services(as required by DOC officer)
Additional Specialized Services(as required by DOC officer)
If an offender is not in the Inmate ISP program for a full month,the billing will be pro-rated
based on the number of days actually served_Reimbursement for ISP services will not be made
for the first day a client is in ISP,but will be compensated for the last day a client is in the
program, in order to be consistent with other community corrections reimbursements.
The Division of Community Corrections will be auditing the billing for ISP services. If you have
any questions, please call Larry Boyer at the Division of Community Corrections (239-5420).
961195
EXHIBIT n
Division of Community Corrections
Transition, Community Corrections
INMATE LS.P. MONTR_END BILLING FORM
Name of Program
Month Year
Staff Filling out Form
Program Director Signature
Division of Community Corrections Agent
Division of Community Corrections Supervisor
Name of Client Served DOC Case Date Date ft of
Number Entered Released Cost of ISP
Billing Services for
ISP From Days in this Month
Program ISP ISP
Program
TOTAL
961195
CONTRACT EXHIBIT
DIVISION OF COMMUNITY CORRECTIONS
INMATE INTENSIVE SUPERVISION PROGRAM (ISP) SERVICES
Monthly Expenditures Summary
Contractor
Month
Year
Allocation ISP Services ($) Total($)
Beginning Balance
Less 2%Admin.
Adjustments/
Supplementals
J Pots Monthly
Program Expenses
(list by billing)
Month End Balance
This monthly expenditure summary form shall be submitted within thirty days(30) following the end of the
month,with all subcontractor billings attached.
961195
Hello