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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 • By CHAIR 06 12 96 •s exec rsroa 1Y' 84-6000813 aanr 1881. s«i E airy «N.m. a 1... sir 4 r� + � ..a DEPARTMENT/ liri'll(/I.v,/! OF f iL)1'V°L e'r)a o At DEPUTY YiKeiiiX*X DKOric`ounq Ckrk TO BOARD • 7 r APPROVALS ATTORNEY GENERZ A. NO. - era� CONTROLLER ttorne ;e (yk.se By By ; Ei y - C. ar 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 Hello