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RESOLUTION
RE: APPROVE CONTRACT BETWEEN COMMUNITY CORRECTIONS BOARD AND
COLORADO DEPARTMENT OF CORRECTIONS 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 Corrections,
with 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 Corrections 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 12th day of June, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLO DO
r � et -
Barbara J. Kirkmeyer, hair
1861 � ��, ty Clerk to the Board
® e Baxter, Pr -Te
�.� • ►eputy Clerk t. he Board
Dale K. Hall
AP AS TO F M: tnLHrt
nfy A • me - (// �idc t /._? [)�i i
W. H. Webster
eOm er/ea7Lien Si X797 961037
DA0002
NINETEENTH JUDICIAL DISTRICT
WELD COUNTY COMMUNITY CORRECTIONS BOARD
MEMO
DATE: June 5, 1996
TO: Bruce Barker, County Attorney
FROM: Jan Allison Spangler, Administrative Assistan ,, -
SUBJECT: Department of Corrections, ISP Contract
Attached please find a copy of one of six copies of a contract that I received from Adult Parole
Headquarters. This is the first year this contract has been sent to the Corrections Board.
This contract is for intensive supervision services with- he Board of Commissioners on behalf of
the Weld County Community Corrections Board. Presently the services are provided by The
Villa At Greeley. Billings for these services are paid by the Corrections Board and were
reimbursed from the Division of Criminal Justice as non-contract funds.
Please read through the contract. I would like to put the approval and signing of the contracts on
the Board of County Commissioners Agenda for June 12.
I think that the Board of County Commissioners on behalf of the Corrections Board should also
have-a formal sub-contract with The Villa At Greeley for ISP services. If you agree, please
formalize a contract between the Board of Commissioners and The Villa At Greeley.
Should you have any questions, please call me at extension 4848.
961037
#74 a Division of Adult Parole.Supervision
+ Division Director's Office DC
•�� ' ` 710 Kipling Street#203
876 F Lakewood, Colorado 80215
Roy Romer Telephone:(303)239-5435
Aristedes W.Zsvams
oy-t— Fax:(303)239-5437
MEMORANDUM
TO: Board of County Commiss
FROM: Bonita McKee,
Special Programs Coordinator
DATE: May 31, 1996
SUBJECT: Non-residential Services for Parole ISP Contracts
Please route these contracts to your appropriate commissioner/s for signature. The
County Clerk must attest the signature/s. If you have any questions, feel free to contact
me and please return the six(6) signed contracts to me as quickly as possible. I appreciate
your attention to this important matter.
Bonita McKee
Division of Adult Parole
710 Kipling, #203
Lakewood, CO 80215
Phone: 303:239-5432
961037
COPY
AGENCY
CAA
CONTRACT ROUTING NUMBER
97-CAA01009
CONTRACT
THIS CONTRACT, made this Twenty First day of May, 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 the 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 or the County.
WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and
otherwise made available and a sufficient unencumbered balance hereof remains available
for payment in Fund Number 100, G/L Account Number P48, Contract Encumbrance
Number CAA97 01009; 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; and whereas the county has been deemed capable or providing the
services herein described; and
WHEREAS, the State has been directed by the General Assembly through House Bill 96-
1319 to contract for non-residential intensive supervision program services.
NOW IIIEREFORE,the parties hereby agree:
L DUTIES OF THE CONTRACTOR
1. The Contractor shall provide intensive supervision program (herinafter, ISP) services
for an approximate total of twenty two (22) Department of Corrections parolees, The
specific numbers of ISP offenders to the Contractor will be determined by the State parole
officer. Specifically, for each ISP offender, the Contractor shall:
a) make daily telephone or face to face contact with each intensive
supervision program parolee assigned to the Contractor's program unless
otherwise requested specifically by the State;
b) record each ISP parolee's daily itineraries and proposed contacts and
provide the information to the parole officer when requested to do so;
Page 1 of 8
9610.37
c) take a minimum of one random drug screen test no less than weekly for
each ISP parolee on a schedule that will include Saturdays, Sundays, and
holidays, 24 hours per day;
d) and;with prior direction and approval by the State, monitor medications
and/or antabuse, or conduct breathalyzers.
2. Notifications. The Contractor shall immediately notify the State of any violations of
State-specified program conditions by an ISP offender and shall provide weekly or
monthly reports as required by the State's supervising parole officer.
3. Offender Files. Any offender records maintained by the Contractor shall be maintained
and disseminated pursuant to C.R.S. 24-72-202 through 204 and C.R.S. 24-72-301
through 308 and in compliance with Title 28 of the Code of Federal Regulations.
4. Review and Inspection. At the State's request, the Contractor will make both fiscal
and program records available within three working days for review and inspection by the
State or DOC to assure the Contractor is providing the services and maintaining the
financial records required by this Contract.
5. Method of Billing. The Contractor will bill the State for the ISP services described
herein on such forms and in such manner as the State may require. In order for the billing
to be accepted by the State, the signature of the appropriate DOC staff member
confirming the accuracy of the billing is required. The Contractor shall send each
approved invoice to the State within thirty (30) days following the end of each month.
The Contractor shall report the total costs of its program to the State within ten (10) days
after the end of the fiscal year(July 1 - June 30). 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.
6. Inspections. The Contractor will allow the State or designated DOC employees to
inspect on reasonable notice any facilities or equipment directly related to its performance
under this Contract.
7. Insurance. The Contractor, as a "public entity" within the meaning of the Colorado
Governmental Immunity Act, C.R.S. 24-10-101, et seq., as amended (the "Act"), shall at
all times during the term of this Contract maintain such liability insurance, by commercial
or self-insurance, as is necessary to meet its liabilities under the Act. Upon the request of
the State, the Contractor shall show proof of such insurance.
8. Record Retention. The Contractor will retain all books, records, and other documents
pertaining to any part of this Contract for five (5) years after final payment. The
Contractor will 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.
Page 2 of 8
9610:'3'7
9. Confidentiality of Records.
(a) In the event the Contractor shall obtain access to any records or files of the State
in connection with this Contract, or in connection with the performance of its obligations
under this Contract, the Contractor shall keep such records and information confidential
and shall comply with all laws and regulations concerning the confidentiality of such
records to the same extent as such laws and regulations apply to the State.
(b) Contractor shall specifically keep confidential all records and files of Department
of Corrections parolees; Contractor shall obtain prior written approval from the State
before releasing or disclosing the contents of any such records or files. Contractor further
acknowledges this requirement is in addition to and not in lieu of any other laws
respecting confidentiality of parolee and criminal justice files and records.
(c) Contractor agrees to notify and advise in writing, all employees, agents, consultants,
licensees, or sub-contractors of the said requirements of confidentiality and of possible
penalties and fines imposed by violation thereof; and secure from each an acknowledgment
of such advisement and agreement to be bound by the terms of this agreement as an
employee, agent, consultant, licensee or sub-contractor of the Contractor, as the case may
be.
(d) Any breach of confidentiality by the Contractor or third party agents of the
Contractor shall constitute good cause for the State to cancel this Contract, without
liability; any and all information delivered to the Contractor shall be returned to the State.
(e) Any State waiver of an alleged breach of confidentiality by the Contractor or
third party agents of the Contractor is not to imply a waiver of any subsequent breach.
10. Information Provided. The Contractor will provide information upon request of the
appropriate DOC parole officers regarding the intensive supervision services provided for
offenders assigned to the ISP.
11. Fiscal Audit. The Contractor will provide a complete independent fiscal audit for
each year of the Contract period and deliver such audit to the State prior to February 1
during each Contract year. Such requirement may be waived, all or in part, by the State.
IL STATE DUTIES AND AGREEMENTS
1. Identification of Offenders. The State will provide the Contractor with the name of
each offender assigned to the ISP and the name of the offender's supervising officer. The
supervising officer will apprise the Contractor of the circumstances under which the
officer is to be notified about the offender's activities and the time frames for such
notification. In accordance with C.R.S. 17-27.5-102, the State alone shall be responsible
for recommending the assignment of offenders to the ISP.
2. Payment for Services.
Page 3 of 8
961037
notification. In accordance with C.R.S. 17-27.5-102, the State alone shall be responsible
for recommending the assignment of offenders to the ISP.
2. Payment for Services.
(a) The State will compensate the Contractor for the services described at a rate not to
exceed Ten Dollars and Twenty Cents ($10.20) per unit (a standard service incremental
measure for offenders) of service with a maximum of eighteen(18)units or at a lower rate
for specific ISP services according to the following schedule:
ISP PAROLEE ACTIVITY
ACTIVITY UNIT VALUE
Collecting drug screen and test 1.0
Taking a breathalyzer BAC .25
Receiving&recording daily call-in .25
Paperwork re: a positive drug test .50
Monthly Summary Report 1.0
Antabuse monitoring(each time) .50
BILLING FOR UNITS PER MONTH
UNITS OF SERVICE IN A MONTH COST/MONTH
1>7 #X$10.20
7>13 $102.00
13>19 $163.20
(b) During the period of the Contract, upon receipt of proper billing from the
Contractor as provided in Contract paragraph L5, the State will pay an amount not to
exceed Forty Three Thousand Dollars ($43,000.00) for the ISP services herein described
for the daily average rate of approximately twenty two (22) Department of Corrections
parolees.
(c) Any funds r.ictakenly allocated or advanced to the Contractor by this Contract
may be recovered by the State as deductions from figure payments or through litigation or
other legal proceedings.
3. Limitation of Payments and Liabilities. The State does not assume liability for any
deficiency the Contractor may incur in its operation 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.
Page 4 of 8
361037
2. Assignment. This Contract is in the nature of personal services. The duties and
obligations of the Contractor cannot be assigned, delegated, nor subcontracted except
without the express written consent of the State. Subcontractors permitted by the State
shall be subject to the requirements of this Contract, and the Contractor is responsible for
the performance of any subcontract.
3. Independent Contractor. The Contractor shall perform its duties hereunder as a
contractor and not as an employee. Neither the contractor nor any agent or employee of
the contractor shall be or shall be deemed an agent or employee of the State.
CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND
INCOME TAX WITHHOLDING INCLUDING ALL FEDERAL AND STATE INCOME TAX
AND LOCAL BEAD TAX ON ANY MONEYS PAID PURSUANT TO THIS CONTRACT.
CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES ARE
NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE
CONTRACTOR OR A THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE
STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE.
CONTRACTOR SHALL HAVE NO AUTHORIZATION, EXPRESS OR IMPLIED, TO BIND
THE STATE TO ANY AGREEMENTS, LIABILITY OR UNDERSTANDING EXCEPT AS
EXPRESSLY SET FORTH HEREIN.
4. Termination. This agreement may be terminated by either party on thirty (30) days
written notice. Notice may be mailed or personally served upon the other party at the
addresses as stated in this Contract and is effective on receipt. Mailed notice must be
posted by certified mail, return receipt requested. Any provision of this contract to the
contrary notwithstanding, in the event termination of this contract becomes necessary, the
State's sole discretion, to comply with any court order concerning State personal service
contracts generally or this contract specifically, this contract may be terminated by the
State immediately upon the giving of notice to Contractor without further obligation of
the State.
5. Modification. This Contract and its appendices comprise 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.
6. Breach. No waiver of any breach of any of the terms or conditions of this Contract
shall be deemed to be a waiver of any other or subsequent breach or default of the
Contract.
7. Third-Party Beneficiary. This Contract shall benefit and burden the parties hereto in
accordance with its terms and conditions and is not intended, and shall not be deemed or
construed, to confer any rights, powers, benefits or privileges on any person or entity
other than the parties of this Contract. This Contract is not intended to create any rights,
liberty interests or entitlements in favor of any offender. The Contract is intended only to
Page 5 of 8
331937
set forth the contractual rights and responsibilities of the Contract parties. Offenders shall
have only those entitlements created by Federal or State constitutions, statutes, regulations
or caselaw.
8. 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 in the introductory paragraph to this Contract, until such
time as written notice of a change of address is given to the said parties.
9. Venue. The City and County of Denver shall be the venue in the event any legal action
is filed to enforce or interpret provisions of this Contract.
10. Severability. To the extent this Contract may be executed and performance of the
obligations of the parties may be accomplished within the intent of the Contract the terms
of this contract are severable, and should any term or provision hereof be declared invalid
or become inoperative for any reason, such invalidity shall not affect the validity of any
other term or provision hereof
11 Compliance with Applicable Laws.
(a) The Contractor chalk at all times during the performance of its obligations of this
contract strictly adhere to all applicable federal laws and regulations, including protection
of the confidentiality of all applicant/recipient records, papers, documents, tapes or any
other materials that have been or may hereafter be established which relate to this
contract. The Contractor acknowledges the following laws are included: Title VI of the
Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1972, the Education
Amendments of 1972, the Age Discrimination Act of 1975, the Americans With
Disabilities Act, including Title II, Subtitle A, 24 U.S.C. 12101, et seq. and all rules and
regulations applicable to these laws prohibiting discrimination because of race, religion,
color, national origin, creed, sex, age and handicap in federally assisted health and human
services programs.
(b) The Contractor assures the State that at all times during the performance of this
contract that no qualified individual with a disability shall, by reason of such disability, be
excluded from participation in, or denied to benefits of the service, programs, or activities
performed by the Contractor, or be subjected to any discrimination by the Contractor
upon which assurance the State relies this assurance is given in consideration of and for
the purpose of obtaining any and all federal grants, or other federal financial assistance.
Page 6 of 8
961037
•
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 ale 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 sac, cm bond ar other acceptable surety u li approved to
said official in a penal sum not less than one-half of she 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
labor,materials,team hire,sustenance,provisions,provender or other supplies used or consumed by suck 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,subcontractor,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 24-34402),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 mated 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:layoffs 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
contacting 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 opponunity because of race,creed.color,
sex,national origin,or ancestry.
(f) A labor organization,or the employees or members thereof will not aid,abet, incite.compel or coerce the doing of any act defined in this contract to be
discriminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder:or attempt,either directly
or indirectly,to commit any act defined in this contract to be discriminatory.
Form 6-AC-02B
Revised I/93
395-53-01-1022 page 7 8
or pages
(g)In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules.regulations.or orders,
this contract may be canceled,terminated or suspended in whole or in 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 I6. 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 arc undertaken hereunder and
arc financed in whole or in pan 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•preference against•non-rcsident bidder from
a state or foreign country equal to the preference given or required by the state or foreign country in which the non-resident bidder is a resident.If it is determined by
the officer responsible for awarding the bid that compliance with this subsection.06 may cause denial of federal funds which would otherwise be available or would
otherwise be inconsistent with requirements of Federal law,this subsection shall be suspended,but only to the extent necessary to prevent denial of the moneys or to
eliminate the inconsistency with Federal requirements(CRS 8-19-101 and 102)
GENERAL
7.The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation,execution.and enforcement of this
contract.Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extra-judicial body or person or which
is otherwise in conflict with said laws.rules,and regulations shall be considered null and void.Nothing contained in any provision incorporated herein by reference
which purports to negate this or any other special provision in whole or in part shall be valid or-enforceable or available in any action at law whether by way of complaint.
defence,or otherwise.Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the
contract is capable of execution.
8.At all times during the performance of this contract,the Contractor shall strictly adhere to all applicable federal and state laws,rules,and regulations that have
been or may hereafter be established.
9.The signatories aver that they are familiar with CRS 18-8-301.et.seq.-(Bribery and Corrupt Influences)and CRS 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 panics hereto have executed this Contract on the day first above written.
Contractor:
(Full Legal Name) WELD COUNTY, COLORADO STATE OF COLOR
WELD COUNTY BOARD OF COMMISSIONERS ROY OM ,COVE
•
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APPROVALS
ATTORNEY GENERZ A. NO. -
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Form 6-AC-02C Assi tans rney Genera
• 8
Revised I/937 State Servicet SOctlOtlpage which is the last of 8 pages
395-53-01-1030 •See instructions on reverse side
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