HomeMy WebLinkAbout961196.tiff RESOLUTION
RE: APPROVE CONTRACT BETWEEN COMMUNITY CORRECTIONS BOARD AND
COLORADO DEPARTMENT OF PUBLIC SAFETY, DIVISION OF CRIMINAL
JUSTICE 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 a Contract between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,
on behalf of the Weld County Community Corrections Board, and the Colorado Department of
Public Safety, Division of Criminal Justice, commencing July 1, 1996, and ending June 30,
1997, with further terms and conditions being as stated in said contract, and
WHEREAS, after review, the Board deems it advisable to approve said contract, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Contract between the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County, on behalf of the Weld County
Community Corrections Board, and the Colorado Department of Public Safety, Division of
Criminal Justice, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the 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 15th day of July, A.D., 1996, nunc pro tunc July 1, 1996.
BOARD OF COUNTY COMMISSIONERS
Ma
DWEID COUNTY, COLORA O
/ Q"Barbara J. Kirkmeyer, 'Thair
'Sc' .` rye,^_,.; ty Clerk to the Board
O orge E�Baxter, ro-T m
(�U lf
,- ieputy Cle to the Board 6
Dale K. Hall
APP AST ánceLHarbert '
y Attor W. H. tr
, l� k`" (A 11 2/,i
er
N1+ ; OUmniyeerrectra25 961196
DA0002
JUL 2 5 1994
Form 6-AC-02A(R 1/93)
DEPARTMENT OR AGENCY NAME
Public Safety
DEPARTMENT OR AGENCY NUMBER
460000 RAA
ROUTING NUMBER
CONTRACT
THIS CONTRACT,Made this 1St day of July 199 6 ,by and between the State of
Colorado for the use and benefit of the Department of.1 Public Safety, Division of Criminal Justice,
700 Kipling Street, Denver, Colorado 80215
hereinafter referred to as the State,and'2 Board 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 and Organization DC 69/74/75
97D000000s//
WHERFAS,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. , THE STATE SHALL:
A. Payment for Services.
1) Advance funds on a quarterly basis to the Contractor in accordance with the schedule
in Paragraph 1.A.2. for community correctional services.
2) During the period of the contract, upon receipt of proper billing from the Contractor as
provided in paragraph 2.M. herein, payment shall be offset against advances up to a
maximum total payment of:
Page 1 of_IL pages
'(See instructions an reverse of last page)
395-53-01-1014
(R 1/93)
$425,663 for residential transition placements at a daily rate of $33.32 per offender,
$805,154 for residential transition placements for specialized services as described in
Exhibit "A" at a daily rate of $49.02 per offender,
$ 60,809 for residential transition parole placements at a daily rate of $33.32 per
offender,
$510,796 for residential diversion direct sentence and diversion condition of probation
placements at a daily rate of $33.32 per offender,
$ 78,490 for diversion non-residential placements at no more than $257.00 per month
per offender, not to exceed an average of $5.12 per day per offender,
$ 41,260 for 3/4 house placements at a daily rate of no more than $14.13 per
offender,
533.32 per day per offender for diversion residential services provided for offenders
referred from the 11th judicial district, not to exceed allocations determined by the
State,
no more than $7.76 per day per offender for day reporting center services, and
per diem supplements to provide specialized services, with prior approval by the State,
for offenders with special needs.
3) Payment pursuant to this Contract shall be made as earned, in whole or in part, from
available State funds encumbered in an amount not to exceed $24,604,090 for the
purchase of community corrections services for all Contractors, subject to the line item
and per diem expenditure limitations in Paragraph 1.A.2. 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 services is in the amount of $24,604,090. Total
liability of the State, at any time, for such payments shall be limited to the
unencumbered amount remaining of such funds.
4) 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
"G" 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;
Page 2 of 13 pages
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;
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.
5) The Contractor shall not be paid for the first day of an offender's participation in a
program, but shall be compensated for the last day of an offender's participation. The
day an offender transfers from Residential to Non-Residential status, the Contractor shall
be paid the residential daily rate, but shall not be compensated for non-residential
expenses. The day an offender transfers from Non-Residential to Residential status, the
Contractor shall be paid for non-residential expenses, but shall not be compensated for
the residential daily rate.
6) The community corrections board, or the unit of local government that established the
board, may use up to five percent (5%) of the total residential transition, residential
diversion, and diversion non-residential allocation for administrative purposes. The board
or unit of local government may opt to perform any or all of the following functions to be eligible to receive the administrative funds:
a) Option 1: Administer contracts with approved service providers and administer
payments to subcontractors -- eligible for up to two percent (2%) of the funds.
b) Option 2: Provide staffing support for local boards to conduct regular business
and screening functions;and in coordination with state and local agencies, monitor
community corrections programs within the jurisdiction of such board, oversee
Page 3 of 13 pages
JUL 2 5 199b
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 expenditures for all
administrative funds. Such records shall be maintained for a period of five (5) years
following the contract period.
7) The Contractor shall use no more than one percent (1%) of their total residential
diversion allocation for condition of probation clients, unless a written request is
presented to and approved by the State. Reimbursement for any single client in
residential diversion community corrections as a condition of probation shall be limited
to a maximum of thirty (30) days.
8) Any transfer of funds between the transition and diversion line items listed in paragraph
1.A.2. must be reviewed and approved in writing by the State.
9) The Contractor may request funds to supplement the allocations of this contract. Such
requests must be submitted in writing to the State by October 20, 1996. Requests must
identify the type of additional funding requested (diversion, transition, etc.) and
justifications for the request. 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 numbers with two
or more prior felonies, revoked probation cases, inmates granted sentence
reconsiderations, or other characteristics documenting the types of offenders served
within the jurisdiction. All requests are subject to review by the executive and legislative
branches of the State and any supplemental is subject to the provisions of I.A.4. of this
contract.
10) Funds allocated in this Contract are for services rendered during the current contract
period and cannot be used to pay for community corrections services provided in prior
or future fiscal years.
11) Any unexpended funds allocated or advanced to the Contractor by this contract shall be
reverted to the State no later than September 1, 1997.
B. Subcontracts. Contractor may subcontract for community corrections services with any
private agency or unit of local government for the purpose of rendering services to offenders,
providing, however, that any subcontracts shall comply with the terms and provisions of this
contract and all applicable sections of Article 27, Title 17, C.R.S., as amended. 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 Article 27,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
Page 4 of 13 pages
JUL 2 5 1996
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 paragraph 1.A.2.
D. 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.
3) "Emergency leave" caused by and limited to a serious life-threatening incident in the
offender's immediate family, subject to a maximum period of seven (7) days, to be
reimbursed at 50% of the regular per diem rate.
E. Noncompliance. Withhold funds when the State determines that the programs or facilities of
the Contractor are not in compliance with this contract. Overpayments made by the State, in
the event of non-compliance, shall be recoverable by the State from the Contractor through
deductions from future payments or recovered through legal proceedings.
F. Limitation of Payments and Liabilities. Not assume liability for any deficiency that the
Contractor may incur in the operation of its program nor for any debts or expenditures incurred
by the Contractor for ensuing fiscal years when funds for that purpose have not been
appropriated or budgeted.
2. THE CONTRACTOR SHALL:
A. Approval. Provide community correctional services through programs approved by the local
community corrections board in their jurisdiction and operate pursuant to Article 27, Title 17,
C.R.S., as amended.
B. Description of Services. Provide such services as specifically set forth in the proposal
submitted to the State for the provision of services to 1) offenders referred by DOC, 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 proposal
submitted by the Contractor is available at the Division of Criminal Justice, marked as
Contractor's Exhibit "A".
C. Standards. Meet, maintain, and comply with all applicable guidelines or standards as provided
in Article 27, Title 17, C.R.S., as amended, and the "Colorado Community Corrections
Standards", attached, marked as Exhibit "E" and incorporated herein by reference. Non-
compliance with standards may result in reduction of compensation rates as specified in
paragraph 1.A.2; cessation of offender placements in the program; implementation of a
competitive bid process, coordinated with the local community corrections board, to consider
alternate program providers; or cancellation of the contract.
Page 5 of 13 pages
JUL 251996
D. Immigration Reform Control Act. Comply with all federal and state laws, including the
Immigration Reform Control Act in all hiring practices.
E. Americans with Disabilities Act. Comply with all applicable titles of the Americans with
Disabilities Act (Public Law 101.336) and submit documentation as required by the State to
demonstrate compliance with this Act.
F. Client Files. Maintain individual files for each offender participating in the Contractor's program
as required by DOC/SJB. 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,
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, and other records
documenting the types of services provided and the identity of the individual offenders
receiving such services. The Community Corrections Client Information Form must be
submitted to the State within forty-five (45) days of termination of each client.
H. Review and Inspection. Make both fiscal and program files available within three (3) working
days for review and inspection by the State, DOC, or SJB to assure that the Contractor is
providing the services and financial records required by this contract.
Unauthorized Absence. Notify DOC or SJB, through the appropriate probation/parole officer,
within four(41 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 the
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.
J. 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.
K. 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.
L. Additional Services. Obtain prior written approval from the State before providing any
additional billable services or evaluations not provided for by the terms and conditions of this
contract. If services are provided by the Contractor which exceed the maximum total payment
as described in Paragraph 1.A.2., the State is not liable for reimbursement. Should additional
funding become available, the State may, at its own option, choose to reimburse beyond the
amount specified in Paragraph 1.A.2.
Page 6 of 13 pages
M. Method of Billing. Bill the State for services provided on such forms and in such manner as the
State may require. Billings shall be submitted on the Community Corrections Billing forms,
available at the Division of Criminal Justice, sample forms attached, marked as Exhibit "B" and
incorporated herein by reference. In order for the billing to be accepted by the State, the
signature of the appropriate probation or parole officer confirming the accuracy of the billing
is required. The Contractor shall send the Colorado Community Corrections Monthly
Expenditures Summary Form, available at the Division of Criminal Justice, sample form
attached, marked as Exhibit "F" and incorporated herein by reference, to the State within thirty
(30) days following the end of each month, with all billings attached. The Contractor shall
report the total costs of its program to the State within five (5) days after the end of the fiscal
year. The State may require the Contractor to provide an estimate of final year-end
expenditures anytime within sixty (60) days prior to the end of the fiscal year. The Contractor
agrees to use 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.
N. Reimbursement by Client. The Contractor may charge each offender participating in a
residential program the reasonable costs of the services not covered by State payments. The
charges 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
an amount that averages 20% of the amount billed to the State as described in paragraph
1.A.2. (i.e., the offenders are charged one dollar for every five dollars paid by the State for
non-residential services). Each offender shall be issued receipts for fees collected.
Any charges to offenders in excess of these limits must be approved in advance by the State
and 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 recordkeeping to the State, the local community
corrections board, and the referring agency. Such additional charges are described in Exhibit
"A".
0. Inspections. Allow DCJ, DOC, SJB, or Health Department employees to inspect, with or
without notice, the facilities, records, and services provided by the Contractor to determine
compliance with this contract.
P. 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
8500,000. Combined Single Limit for Bodily Injury and Property Damage.
2) Comprehensive Auto Liability and Property Damage Insurance: Limit of Liability
$500,000. Combined Single Limit for Bodily Injury and Property Damage.
The Contractor shall furnish the State with written certification of such liability and property
damage insurance policy(s) prior to the effective date of the contract, and must notify the
State when insurance is cancelled by either the insured or the underwriter thirty (30) days prior
to the cancellation and must obtain new insurance coverage prior to the effective date of the
cancellation.
Non-owned automobile liability coverage in the same amounts is required if staff use their own
automobiles for business purposes. If offenders are not transported by the program, a
statement from the authorized official shall certify that offenders are not transported by
Page 7 of 13 pages
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.P. 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 "C" and
incorporated herein by reference, in compliance with paragraph 2.P, herein.
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 the regular
per diem rate for up to seven (7) days for holding a bed available during the hospitalization of
an offender, unless the referral notifies the Contractor otherwise.
R. 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.
S. 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/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.
Page 8 of 13 pages
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.
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. 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.
Page 9 of 13 pages
JUL 2 5 1996
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. The State may deduct any unliquidated advance
payments made pursuant to paragraph 1.A.2. 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 contract
termination.
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, Subcontractor proposals:
Al. The Villa at Greeley, Inc. d.b.a. The Restitution Center d.b.a. Residential Treatment
Center,
A2. Larimer County Community Corrections,
A3. Community Corrections, Inc. d.b.a. Arapahoe County Residential Center
2. Exhibit B, 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
3. Exhibit C, Certificates of Insurance for each subcontractor identified in Exhibit A.
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, Colorado Community Corrections Standards (CCCS) consisting of the
following:
- CCCS, Residential Services, Revised, Contract Edition, 1992
- CCCS, Non-Residential Services, July 1, 1991
6. Exhibit F, Colorado Community Corrections Monthly Expenditures Summary Form (1-
page sample).
7. Exhibit G, Change Order Letter (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
Page 10 of 13 pages
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 11 of 13 pages
SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
I.This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate.This
provision is applicable to any contract involving the payment of money by the State.
FUND AVAILABILITY
2. Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated,budgeted,
and otherwise made available.
BOND REQUIREMENT
3.If this contract involves the payment of more than fifty thousand dollars for the construction,erection,repair,maintenance,or improvement of any building,
road,bridge,viaduct,tunnel,excavation or other public work for this State.the contractor shall,before entering upon the performance of any such work included
in this contract,duly execute and deliver to the State official who will sign the contract,a good and sufficient bond or other acceptable surety to be approved by
said official in a penal sum not less than one-half of the total amount payable by the terms of this contract.Such bond shall be duly executed by a qualified corporate
surety conditioned upon the faithful performance of the contract and in addition,shall provide that if the contractor or his subcontractors fail to duly pay for any
labor,materials,team hire,sustenance,provisions.provendor or other supplies used or consumed by such contractor or his subcontractor in performance of the work
contracted to be done or fails to pay any person who supplies rental machinery,tools,or equipment in the prosecution of the work the surety will pay the same in
an amount not exceeding the sum specified in the bond,together with interest at the rate of eight per cent per annum.Unless such bond is executed,delivered and
filed,no claim in favor of the contractor arising under such contract shall be audited,allowed or paid.A certified or cashier's check or a bank money order payable
to the Treasurer of the State of Colorado may be accepted in lieu of a bond.This provision is in compliance with CRS 38-26-106.
INDEMNIFICATION
4, To the extent authorized by law, the contractor shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims,
damages, liability and court awards including costs.expenses,and attorney fees incurred as a result of any act or omission by the contractor,or its employees,
agents,subcontractors,or assignees pursuant to the terms of this contract.
DISCRIMINATION AND AFFIRMATIVE ACTION
5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law respecting
discrimination and unfair employment practices(CRS 24-34-402),and as required by Executive Order,Equal Opportunity and Affirmative Action,dated April 16,
1975.Pursuant thereto,the following provisions shall be contained in all State contracts or sub-contracts.
During the performance of this contract,the contractor agrees as follows:
(a) The contractor will not discriminate against any employee or applicant for employment because of race,creed, color, national origin, sex,
marital status, religion,ancestry,mental or physical handicap,or age.The contractor will take affirmative action to insure that applicants are employed,and that
employees are treated during employment,without regard to the above mentioned characteristics.Such action shall include,but not be limited to the following:
employment upgrading,demotion,or transfer,recruitment or recruitment advertisings;lay-offs or terminations;rates of pay or other forms of compensation;and
selection for training, including apprenticeship.The contractor agrees to post in conspicuous places,available to employees and applicants for employment,
notices to be provided by the contracting officer setting forth provisions of this non-discrimination clause.
(b)The contractor will,in all solicitations or advertisements for employees placed by or on behalf of the contractor,state that all qualified applicants will
receive consideration for employment without regard to race,creed,color,national origin,sex,marital status,religion,ancestry,mental or physical handicap,
or age.
(c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or
understanding,notice to be provided by 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 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
levised 1/93
395-53-01-1022
page 12 of 13 pages
(g)In the event of the contractor's non-compliance with the non-discrimination clauses of this contractor with any of such rules,regulations,or orders,
this contract may be canceled,terminated or suspended in whole or in part and the contractor may be declared ineligible for funher State contracts in
accordance with procedures, authorized in Executive Order,Equal Opportunity and Affirmative Action of April 16, 1975 and the rules,regulations, or
orders promulgated in accordance therewith,and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order,
Equal Opportunity and Affirmative Action of April 16. 1975, or by rules,regulations, or orders promulgated in accordance therewith, or as otherwise
provided by law.
(h)The contractor will include the provisions of paragraphs (a)through(h) in every sub-contract and subcontractor purchase order unless exempted by
rules,regulations,or orders issued pursuant to Executive Order,Equal Opportunity and Affirmative Action of April 16, 1975,so that such provisions will
be binding upon each subcontractor or vendor.The contractor will take such action with respect to any sub-contracting or purchase order as the contracting
agency may direct,as a means of enforcing such provisions,including sanctions for non-compliance;provided,however,that in the event the contractor
becomes involved in,or is threatened with,litigation,with the subcontractor or vendor as a result of such direction by the contracting agency,the contractor
may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado.
COLORADO LABOR PREFERENCE
6a.Provisions of CRS 8-17-101 & 102 for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereunder and
are financed in whole or in part by State funds.
b.When a construction contract for a public project is to be awarded to a bidder,a resident bidder shall be allowed a preference against a non-resident bidder from
a state or foreign country equal to the preference given or required by the state or foreign country in which the non-resident bidder is a resident.If it is determined by
the officer responsible for awarding the bid that compliance with this subsection.06 may cause denial of federal funds which would otherwise be available or would
otherwise be inconsistent with requirements of Federal law,this subsection shall be suspended,but only to the extent necessary to prevent denial of the moneys or to
eliminate the inconsistency with Federal requirements(CRS 8-19-101 and 102)
GENERAL
•
7.The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation,execution, and enforcement of this
contract.Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extra-judicial body or person or which
is otherwise in conflict with said laws,rules,and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference
which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action atlaw whether by way of complaint.
defence,or otherwise.Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the
contract is capable of execution.
8.At all times during the performance of this contract,the Contractor shall strictly adhere to all applicable federal and state laws,rules,and regulations that have
been or may hereafter be established.
9.The signatories aver that they are familiar with CRS 18-8-301,et.seq.,(Bribery and Corrupt Influences)and CRS 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:
Board of Commissioners
(Full Legal r - STAT LORADO
R RO R,GOVERNOR
/17�,�it,�f711�?/1� By
� ]7 '5 EXECUTIVE DIRECTOR
1.�PosiA 'R�.SfARD OF COU Y COMMISSIONERS
_!tsar ,:-;,J � Sa _: 00 13
I �titty�Qj/� r or , Umber Dry 96 DEPARTMENT
a tto OF Public Safety
•
By /ice
DEPUTY CLERK TO THE BOARD
APP AL
Clifford/J;{-. Hall
'
ATTORNEY GENERAL CO 'O ER
3y By
Form 6-A193 Page which is the last of
Revised 1/93 Se _13 pages
615-82-50-6038 'See instructions on reverse side.
NINETEENTH JUDICIAL DISTRICT
WELD COUNTY COMMUNITY CORRECTIONS BOARD
MEMO o ECEIVE
DATE: July 8, 1996 JUL 0 9 1996
WELD COUNTY
TO: Bruce Barker, County Attorney ATTORNEY'S OFFICE
FROM: Jan Allison Spangler, Administrative Assistan
SUBJECT: DCJ Contract 1996-97
Attached please find four (4) contracts between Division of Criminal Justice and the Board of
Commissioners of Weld County, on behalf of the Weld County Community Corrections Board.
I've read through the contract, there does not seem to be any changes from last year except for
the funding. If there are not any problems, perhaps this contract could be on the Wednesday,
July 10, Board of Commissioners Agenda.
After the contracts are signed, all four of them need to be returned to me to be forwarded to DCJ
for further signatures.
Thank you for your assistance.
961196
Hello