HomeMy WebLinkAbout961040.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR NON-RESIDENTIAL INTENSIVE SUPERVISION
PROGRAM SERVICES AND AUTHORIZE CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,the Board has been presented with an Agreement for Non-residential Intensive
Supervision Program Services between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, on behalf of Weld County Community
Corrections, and The Villa at Greeley, Inc., dba the Residential Treatment Center, commencing
July 1, 1996, and ending June 30, 1997, with further terms and conditions being as stated in said
agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Agreement for Non-residential Intensive Supervision Program Services
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of Weld County Community Corrections, and The Villa
at Greeley, Inc., dba the Residential Treatment Center, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 12th day of June, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
'o _ WELD COUNTY, COLORADO
t. E1 rJi � . i , min
£raJAcwkmeyer?chaft
ff�/I
1861 (�` r!1�'.> = : ty Clerk to the Board -� '
, by. yir /
,e®ll�nn ,° 4 l �n n ki _ E. Baxter, P Tem
S l4 1 ` eputy Clerk to ,t a Board
Dale K. Hall
O D AS TO FOR�. ge:2-ns r� 6��� Ze. —/
/ Constance L. Harbert
unt or a e; /
W. H. WeSster
C._/� de 961040
cryn. rrek71?a,7S; /hei/,y 1a DA0002
AGREEMENT FOR NON-RESIDENTIAL
INTENSIVE SUPERVISION SERVICES PROGRAM
THIS AGREEMENT is made and entered into this t( day of June, 1996, by and
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of the County of Weld, on behalf of Weld County Community Corrections,
whose address is 915 10th Street, Greeley, Colorado 80631, hereinafter referred to as "County,"
and the Villa at Greeley, Inc., dba, the Residential Treatment Center, whose address is 1776 6th
Avenue, Greeley, Colorado, 80631, hereinafter referred to as"the Villa."
WITNESSETH:
WHEREAS, the County has entered into a contract with the State of Colorado
Department of Corrections (Contract Routing Number 97-CAA01009) for a program to provide
intensive supervision services for an approximately twenty two (22) Department of Corrections
parolees (the exact number to be determined by the State of Colorado parole officer), a copy of
which is attached hereto and referred to herein as Exhibit"A", and
WHEREAS, said program is designed to comply with the directive for the provision of
such non-residential intensive supervision program services made by the Colorado General
Assembly through House Bill 96-1319, and
WHEREAS, the County is in need of professional services for said program and the Villa
has the staff and facilities necessary to provide such services, and
WHEREAS, the parties hereto now desire to enter into this Agreement for the purpose of
setting forth the relative duties and responsibilities of the parties with respect to services to be
provided by the Villa for the non-residential intensive supervision program.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. TERM: This Agreement shall be effective for the term beginning July 1, 1996,
and ending June 30, 1997, and may renew itself automatically for successive one
year periods, unless sooner terminated by either of the parties hereto pursuant to
the termination procedures contained in Section 5., below.
2. SCOPE OF SERVICES: Services shall be provided by The Villa to
approximately twenty two (22) Department of Corrections parolees, with such
services being described in Exhibit"A." The Villa agrees to provide such services
in compliance with all of the terms, conditions, and requirements stated in Exhibit
"A „
Page I of 4 Pages
961040
3. PAYMENT FOR SERVICES: Payment for services rendered by The Villa
pursuant to this Agreement shall be in accordance with the payment provisions set
forth in Section II., 2. of Exhibit"A." The Villa shall submit an itemized monthly
bill to the County's Community Corrections Board Administrator for all services
provided pursuant to this Agreement. Said bill shall be submitted no later than
the 15th day of the month following the month in which the services were
provided. Failure to submit monthly billings in accordance with the terms of this
Agreement may result in the Villa's forfeiture of all rights of being reimbursed for
such services. Payment of all services performed pursuant to this Agreement is
expressly contingent upon the availability of funds referred to in Exhibit"A."
The County shall not be billed for, and reimbursement shall not be made for, time
involved in activities outside of those defined in Exhibit"A". Such billing shall
not exceed $43,000 for the term from July 1, 1996 to June 30, 1996, which
amount may be modified for succeeding yearly terms.
4. COMPLIANCE WITH CONTRACT REQUIREMENTS: The Villa agrees to
comply with all requirements of the "Contractor" stated in Exhibit"A", as if The
Villa was standing in the place of the "Contractor," including the requirements set
forth in the sections entitled: Notifications, Review and Inspection, Offender
Files, Record Retention, Confidentiality of Records, and Information Provided.
The Villa shall assist the County in complying with the "Fiscal Audit"
requirements set forth in Exhibit"A."
5. TERMINATION: This Agreement may be terminated by either party as follows:
a. Termination for default of performance: In the event either party defaults
in the performance of its duties and responsibilities set forth in this
Agreement, the other party shall notify the defaulting party of such default
in writing at the addresses described in Section 9, below. The defaulting
party shall then have 20 days in which to cure such default. In the event
the default is not cured, the non-defaulting party may then consider this
Agreement to be terminated with no further notice being necessary.
b. Termination for reasons other than default: Either party hereto may
terminate this Agreement upon providing written notice to the other party
at the address set forth in Section 9, below, at least thirty (30) days prior to
the intended date of termination.
6. INSURANCE: The Villa shall provide to the County proof of liability insurance
maintained at all times during the term of this Agreement in the amount of
$150,000 per person, $600,000 per occurrence, naming the County and its
employees and agents as Additional Named Insureds.
Page 2 of 4 Pages
961040
7. MODIFICATION OF AGREEMENT: All modifications to this Agreement shall
be in writing and signed by both parties.
8. ENTIRE AGREEMENT/NO THIRD PARTY BENEFICIARY: This
Agreement contains the entire Agreement and understanding between the parties
to this Agreement and supersedes any other Agreements concerning the subject
matter of this transaction, whether oral or written. It is expressly understood and
agreed that the enforcement of the terms and conditions of this Agreement, and all
rights of action relating to such enforcement, shall be strictly reserved to the
undersigned parties, and nothing contained in this Agreement shall give or allow
any claim or right of action whatsoever by any other person not included in this
Agreement. It is the express intention of the undersigned parties that any entity
other than the undersigned parties receiving services or benefits under this
Agreement shall be deemed an incidental beneficiary only.
9. NOTICE: All notices required to be given by the parties hereunder shall be given
by certified or registered mail by the individuals at the address as set forth below.
Either party may from time to time designate in writing a substitute person(s) or
addressed to whom such notices shall be sent:
County: Jan Spangler, Community Corrections Board Administrator, 915
10th Street, Greeley, Colorado, 80631.
The Villa: John Coppom, 1750 6th Avenue, Greeley, Colorado, 80631.
10. ASSIGNMENT: Neither this Agreement nor the rights or obligations hereunder
shall be assignable without the prior written consent of both parties.
11. CONTROLLING LAW: This Agreement shall be construed and enforced in
accordance with the laws of the State of Colorado.
12. NO WAIVER OF IMMUNITY: No portion of this Agreement shall be deemed to
constitute a waiver of any immunities the parties of their officers or employees
may posses, nor shall any portion of this Agreement be deemed to have created a
duty of care that did not previously exists with respect to any person not a party to
this Agreement.
13. INDEPENDENT CONTRACTOR: The Villa shall perform the services
hereunder and the requirements set forth in Exhibit"A" as an independent
contractor. Neither The Villa nor any agent or employee of The Villa shall be
deemed an agent or employee of the County.
14. SEVERABILITY: If any provision of this Agreement should be held to be
invalid, illegal, or unenforceable for any reason, the validity, legality, and
Page 3 of 4 Pages
961040
enforceability of the remaining provisions shall not in any way be affected or
impaired thereby.
, IN WITNESS WHEREOF, the parties have hereunto set there hands and seals this
471 day of June, 1996.
oIerai , THE COUNTY OF WELD, STATE OF
E L t4 � T: / //G✓2 COLORADO, by and through THE
tit 1�/1,/// BOARD OF COUNTY COMMISSIONERS
1861 +Ar G OF THE COUNTY OF WELD, on behalf of
1 �� WELD COUNTY COMMUNITY
� CORRECTIONS
�p =
Ieputy Cler5 to the Board
BY:� //1_ ,/
'Barbara J. Kirkmeyer, Chad
THE VILLA AT � Y,
GREELEY,� INC.BY: zW ett0
hn Coppom, President
SUBSCRIBED AND SWORN to before me this // day of y
194(..
WITNESS my hand and official seal.
Notary ublic
My commission expires: 9- t g- 9 $
M:\WPFILES\AGREE\PAROLSUP.BTB
Page 4 of 4 Pages
961040
EXHIBIT "A"
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 THEREFORE, 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 I of 8 961040
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 Biding. 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 yeai.
6. Inspections. The Contractor will allow the State or designated DOC employees to
inspect on reasonable notice any facilities or equipment dirertly 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.
961040
Page 2 oft
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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 thither
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
I. 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.RCS. 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 961.040
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 Contact, 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 mictakenly allocated or advanced to the Contractor by this Contract
may be recovered by the State as deductions from future 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.
961040
Page 4 of
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 HEAD 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 961040
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. SeverabiTity. 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 shall, 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 It, 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 accicred 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 961040
SPECIAL PROVISIONS
CONTROLLER'S APPROVAL -
1.This contract shall not ba deemed valid mail 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,badgered,
and otherwise made available
BOND REQUIREMENT
•
3.If this contract involves the payment of more than fifty thousand dollar:for the construction,erection,repair.maintenance,or improvement of any building,
road.bridge,viaduct,tunnel,excavation or other public wort for this State,the contractor shall.before entering upon the performance of any such work included
is 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 ofFicialin a penal sum not less than one-halfofShe 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
labor,wterials,team hire.sustenance,provisions, Prntmetbytuf thecontnoror hhisbcontact performancerinl roan oftforoak
who supplies
r rental
supplies and ereonsamed equipmentby such the prosecution hissubcontractor
the o work the in will
of the work contracted to be done or tails to pay any person supplies rcatal tools,or
maeemaY, fht in of the the surety cite pay the same id
an amount sot tactedinj the cam specified in the bond,together with interest at the rate of eight per cent pa annum.Unless such bond is<accvted,delivered and
Med.so 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 lien of a bond,This provision is in compliance with CRS 31-26-106.
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
S. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957. as amended_and other applicable law respecting
diseeimiaation and unfair employment practices(CRS 24J4<02),and as required by Executive Order,Equal Opportunity and Affirmative Action,dated April 16.
197S Panaaar thereto,the following provisions shall be contained is all Stare cone-oar or:sob-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,religiat ancesty,mental or physical handicap,or its.The contactor will take af{rimative action to insure that applicants are employed,and that
employees arc treated during employmem,without regard to the above mentioned tiaracraisticc Such action shall include,but not be limited to the following:
employment upgrading,demotion.or transfer,recruitment or reatctacat dveriisingk layoffs or ramiaariont,rates of pay or other forms of compensation:and
sckaioa for training.in:lading iading apprenticeship.The Cramnt agreesto post in conspicuous
notices to be places,available to employees and applicants for employment,
provided by the contracting officer setting forth provisions of this rson lf+staitLmalion 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.
Of age.
(c) The contractor will send to each labor union or repttseatative of workers with which he has a collective bargaining agreement or other contact 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 inffnitation 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 con pliance with such rules,regulations and orders
tel A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization.or cape l..any such individual
from membership in suds labor organization or discriminate against any of its members in the full enjoyment of,wort opportunity because of race,creed.color,
sea.national origin,or ancestry_
(0 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-020
Rc•ited 1191
395-53-01-1022 QC (�
wee f or 8 pate, 961040
(g)In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules.regulations or orders.
this contract may be canceled,terminated or suspended in whole or in pan and the contractor may be declared ineligible for further State contracts in
accordance with procedures,authorized in Executive Order,Equal Opportunity and Affirmative Action of April 16, 1975 and the ruler,regulations,or
orders promulgated in accordance therewith,and such other sanctions as may be imposed and remedies as may be invoted as provided in Executive Order,
Equal Opportunity rind Affirmative Action of April 16, 1975,or by rules-regulations-or orders promulgated in accordance therewith,or as otherwise
provided by law.
(h)The contractor will include the provisions of paragraphs(a)through(h)in every subcontract and subcontractor purchase order unless exempted by
rules,regulations,or orders issued pursuant to Executive Order,Equal Opportunity and Affirmative Action of April 16,1975,so that such provisions will
be binding upon each subcontractor or vendor.The contractor will tate such action with respect to any sub-contracting or purchase order as the contracting
agency may direct,as a means of enforcing such provisions,including sanctions for noncompliance;provided,however,that in the event the contractor
becomes involved in.or is threatened with,litigation,with the subcontractor or vendor as a result of such direction by the contracting agency,the contractor
may Inquest the State of Colorado to enter into such litigation to protect the interest of the State of Colorado.
COLORADO LABOR PREFERENCE -
6a.Provisions of CRS 8-17-101& 102 for-preference of Colorado labor arc applicable to this contact if public works within the State arc undertaken hereunder and
are financed in whole«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 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 event 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 Slate 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 curt-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 odher special provision in whole or in part shall be valid or-enforceable or available in any action at law whether by way of consplaint.
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(hat the
contract is capable of execution.
8.At all times during the performance of(his contract,the Contractor shall strictly adhere to all applicable federal and state laws,IL les.and regulations that have
been or may hereafter be established.
9.The signatories aver that they arc familiar with CAS 18-8-301.et. seq_,(Bribery and Corrupt Influences)and CRS 18-8-401.el.scq_(Abuse of Public Office).
and that no violation of such provisions is present_
10.The signatories aver that to their knowkdge,no state employee has any personal or beneficial interest whatsoever in the service or property described herd¢
IN WITNESS WHEREOF.the parties hereto have executed this Contract on(he day first above written.
Contractor:
(Full Legal Name)
STATE OF COLORADO
ROY ROMER,GOVERNOR
By
Position(Mk) '5 EXECUTIVE DIRECTOR
Soedd Steuart N—ub,-,or Fe:R of ED.N.mbo
If Corporation) DEPARTMENT
OF
Attest(Seal) -- _--
By
C ryoracc Seemary.et rqui.nicea.Tw.uC:ry/Cowry Clerk
APPROVALS
ATTORNEY GENERAL
CONTROLLER
By
-9��40
Form 6-AC-02C 8 th 8
Revised 1193 Pagc -.hart'is e taxi„r --
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