HomeMy WebLinkAbout20191631.tiffRESOLUTION
RE: APPROVE MASTER CONTRACT FOR COMMUNITY CORRECTIONS SERVICES AND
AUTHORIZE CHAIR PRO-TEM 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 Master Contract for Community
Corrections Services between the County of Weld, State of Colorado, by and through the Board
of County Commissioners of Weld County, on behalf of the Department of Justice Services, and
the Colorado Department of Public Safety, Division of Criminal Justice, commencing July 1, 2019,
and ending June 30, 2024, with further terms and conditions being as stated in said contract, and
WHEREAS, after review, the Board deems it advisable to approve said contract, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Master Contract for Community Corrections Services between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, on behalf of the Department of Justice Services, and the Colorado Department of Public
Safety, Division of Criminal Justice, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair Pro -Tern 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 29th day of April, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: de: ,ok EXCUSED
Barbara Kirkmeyer, Chair
Weld County Clerk to the Board
Mike Freeman, Pro -Tern
Date of signature: 5-2- \q
ounty torney
Gcr: SSCOr�
to/t-1/19
2019-1631
JS0007
Justice Services Department
915 10th Street, #334 - P.O. Box 758
Greeley, CO 80632
Phone: (970) 336-7227
Fax: (970) 392-4677
To: Board of County Commissioners
From: Doug Erler, DirectoridL.
Re: Consider Master Contract for Community Corrections Services with the Colorado
Department of Public Safety, Division of Criminal Justice and Authorize Chair to Sign
Date: April 29, 2019
This item was originally presented to you as a Pass Around on 4/15/2019, and it now comes
before you for your final review and approval. Enclosed is the new 5 -year Master Contract with
the Colorado Department of Public Safety, Division of Criminal Justice for the delivery of
community corrections services in Weld County. The current contract is set to expire on
6/30/2019. This new contract is basically the same as all past 5 -year contracts. The term would
be effective 7/1/2019 through 6/30/2024. Our department oversees and manages all aspects of
the contract, with most all offender services directly delivered by our sub -contracted vendor at
the Community Corrections Facility.
Assistant County Attorney, Bob Choate and Don Warden in Finance have reviewed the contract,
both finding it acceptable.
Recommendation is to approve and authorize the Chair to sign.
Thank you.
2019-1631
C -S000'7
Lkiaot
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Consider Master Community Corrections Services Contract with State of
Colorado
DEPARTMENT: JUSTICE SERVICES DATE: 4/15/19
PERSON REQUESTING: DOUG ERLER
Brief description of the problem/issue:
The 5 -year Master Contract with the Colorado Department of Public Safety, Division of Criminal Justice for the
delivery of community corrections services in Weld County is set to expire on 6/30/2019. Enclosed for your
initial review, is a new 5 -year Master Contract and attachments; effective 7/1/2019 through 6/30/2024. The
department oversees and manages all aspects of the Contract, with delivery of services to offenders assigned to
the program provided through a sub -contract by vendor, Intervention Community Corrections Services (ICCS)
at the Weld County Community Corrections Facility.
Assistant County Attorney, Bob Choate and I have reviewed this Contract and agree to find it acceptable.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
Option 1. Authorize for placement on a future hearing agenda for final review and approval
Option 2. Work Session
Recommendation:
Option 1. Weld County remains in very good standing with this Contract. Ongoing delivery of community
corrections services is vital to our local criminal justice system. Thank you.
Sean P. Conway
Mike Freeman, Pro-Tem
Scott K. James
Barbara Kirkmeyer, Chair
Steve Moreno
Approve Schedule
Recommendation Work Session
Other/Comments:
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Uk /s n t) is rec.?
Esther Gesick
From:
Sent:
To:
Subject:
Attachments:
Esther,
Doug Erler
Thursday, April 25, 2019 1:06 PM
Esther Gesick
FW: Pass Around
4.15.19 Master Community Corrections Svc Contract State.pdf
Here is the communication thread and attachment regarding Master Contract for Community Corrections
Services agenda item set for Monday's BOCC hearing, thank you.
Doug Erler, Director
Weld County Justice Services Department
915 10th Street, #334
P.O. Box 758
Greeley, CO 80632
Office: 970-400-4847
Mobile: 970-673-2829
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Barbara Kirkmeyer
Sent: Friday, April 19, 2019 1:06 PM
To: Don Warden <dwarden@weldgov.com>
Cc: Karla Ford <kford@weldgov.com>; Doug Erler <derler@weldgov.com>
Subject: Re: Pass Around
Ok
I am good to go then
Sent from my iPhone
On Apr 19, 2019, at 10:48 AM, Don Warden <dwarden@weldgov.com> wrote:
Barb,
I have reviewed the new five-year Community Corrections master contract and discussed it with Doug. It
is basically the same as past five-year agreements. I do not see any problems with it and would
recommend approval of it.
1
Donald D. Warden
Director of Finance and Administration
Finance and Administration
PO Box 758
1150 O Street
Greeley, CO 80632
tel: 970-356-4000 Extension 4218
email: dwarden@co.weld.co.us
<image001.jpg>
Confidentiality Notice: This electronic transmission and any attached documents or other writings are
intended only for the person or entity to which it is addressed and may contain information that is
privileged, confidential or otherwise protected from disclosure. If you have received this communication
in error, please immediately notify sender by return e-mail and destroy the communication. Any
disclosure, copying, distribution or the taking of any action concerning the contents of this
communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Karla Ford
Sent: Wednesday, April 17, 2019 10:26 AM
To: Doug Erler <derler@weldgov.com>
Cc: Don Warden <dwarden@weldgov.com>
Subject: Pass Around
Doug, please see the note from Commissioner Kirkmeyer asking about changes from previous years and
also wanted to know if accounting and finance reviewed. Then wondered what Don Warden's
recommendation was.
I will leave this entire packet here on my desk in an envelope for you to pick up, unless you tell me
otherwise. Thanks!
Karla Ford X
Office Manager, Board of Weld County Commissioners
1150 O Street, P.O. Box 758, Greeley, Colorado 80632
:: 970.336-7204 :: kford@weldgov.com :: www.weldgov.com
My working hours are Monday -Thursday 7:00a.m.-4:00 p.m.
Friday 7:00a.m. - Noon
<image003.jpg>
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to
which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received
this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying,
distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named
recipient is strictly prohibited.
2
STAFF APPROVALS FOR MASTER CONTRACT FOR COMMUNITY CORRECTIONS
SERVICES
- COLORADO DEPARTMENT OF PUBLIC SAFETY, DIVISION OF CRIMINAL JUSTICE
APPROVED AS TO SUBSTANCE:
Elected Off cial or De
APPROVED AS TO FUNDING:
Controller
APPRO D AS TO FORM:
County Attorney
STATE OF COLORADO CONTRACT
State Agency
Colorado Department of Public Safety
Division of Criminal Justice, Community Corrections
Contract Number
Contractor
Board of County Commissioners of Weld County on behalf of
the Weld County Community Corrections Board
Contract Performance Beginning Date
The later of the Effective Date or July 1, 2019
Funds are not allocated 5 years at a time. The Option
Allocation Letter (Exhibit B) will be used to allocate funds
each year once the Long Bill has been signed by the governor.
Initial Contract Expiration Date
June 30, 2024
Contract Authority
Authority to enter into this Contract exists in Title
17, Article 27, Section 103 and Title 18, Article
1.3, Section 301 C.R.S. as amended and funds
have been budgeted, appropriated and otherwise
made available and a sufficient unencumbered
balance thereof remains available for payment.
Required approvals, clearance and coordination
have been accomplished from and with
appropriate agencies.
Contract Purpose
Contract exists so that local corrections boards can subcontract with local facilities for the purpose of rendering
residential, non-residential, and specialized services to offenders.
Exhibits and Order of Precedence
The following Exhibits and attachments are included with this Contract:
1. Exhibit A — Statement of Work
2. Exhibit B — Sample Option Allocation Letter
3. Exhibit C — Sample Option Reallocation Letter
4. Exhibit D - Board Resolution
5. Exhibit E — Community Corrections Standards
6. Exhibit F — Sample Community Corrections Information and Billing Invoice
7. Exhibit G — Sample Board Administrative Report
8. Exhibit H — HIPAA Business Associate Agreement
9. Exhibit I — Basic Operational Requirements of Community Corrections Providers
In the event of a conflict or inconsistency between this Contract and any Exhibit or attachment, such conflict or inconsistency
shall be resolved by reference to the documents in the following order of priority:
1. HIPAA
2. Colorado Special Provisions in §0 of the main body of this Contract.
3. The provisions of the other sections of the main body of this Contract.
4. Exhibit A, Statement of Work.
5. Exhibit B, Sample Option Allocation Letter
Principal Representatives
For the State: For Contractor:
Joe Thome, Director Doug Erler
Division of Criminal Justice Weld County Corrections Board
700 Kipling Street 915 10th Street, Room #334
Suite 1000 Greeley, CO 80631
Denver, Colorado 80215 derler@Weldgov.com
Joe.thome@state.co.us
Page 1 of 22
SIGNATURE PAGE
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
Each person signing this Contract represents and warrants that the signer is duly authorized to execute this Contract and to
CONTRACTOR
Weld County Board of Commissioners
^
CL
STATE OF COLORADO
Jared S. Polis, Governor
Colorado Department of Public Safety
Stan Hi xecutive Director
By:Mike Freeman, Chair Pro—Tem
CM
04/29/2019
By: Joe T ome, Director, Division of Criminal Justice
Date: 4 /t fit
2nd State or Contractor Signature if Needed
LEGAL REVIEW
Phil Weiser, Attorney General
By:
By:
Date:
Assistant Attorney General
Date:
In accordance with §24-30-202, C.R.S., this Contract is not valid until signed and dated below by the State Controller or an
authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By:
/1.% ,.....--' ,
Effective Date: /' /'
Page 2 of 22
azo /6-346)
TABLE OF CONTENTS
COVER PAGE
1
SIGNATURE PAGE 2
1. PARTIES 3
2. TERM AND EFFECTIVE DATE 3
3. DEFINITIONS 4
4. STATEMENT OF WORK 7
5. PAYMENTS TO CONTRACTOR 7
6. REPORTING - NOTIFICATION 8
7. CONTRACTOR RECORDS 9
8. CONFIDENTIAL INFORMATION -STATE RECORDS 9
9. CONFLICTS OF INTEREST 11
10. INSURANCE 11
11. BREACH OF CONTRACT 13
12. REMEDIES 13
13. DISPUTE RESOLUTION 15
14. NOTICES AND REPRESENTATIVES 16
15. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION 16
16. STATEWIDE CONTRACT MANAGEMENT SYSTEM 17
17. GENERAL PROVISIONS 17
18. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-1) 19
1. PARTIES
This Contract is entered into by and between Contractor named on the Cover Page for this Contract
(the "Contractor"), and the STATE OF COLORADO acting by and through the State agency
named on the Cover Page for this Contract (the "State"). Contractor and the State agree to the terms
and conditions in this Contract.
2. TERM AND EFFECTIVE DATE
A. Effective Date
This Contract shall not be valid or enforceable until the Effective Date. The State shall not
be bound by any provision of this Contract before the Effective Date, and shall have no
obligation to pay Contractor for any Work performed or expense incurred before the Effective
Date or after the expiration or sooner termination of this Contract.
B. Initial Term
The Parties' respective performances under this Contract shall commence on the Contract
Performance Beginning Date shown on the Cover Page for this Contract and shall terminate
on the Initial Contract Expiration Date shown on the Cover Page for this Contract (the "Initial
Term") unless sooner terminated or further extended in accordance with the terms of this
Contract.
C. End of Term Extension
If this Contract approaches the end of its Initial Term, or any Extension Term then in place,
the State, at its discretion, upon written notice to Contractor as provided in §14, may
unilaterally extend such Initial Term or Extension Term for a period not to exceed 2 months
(an "End of Term Extension"), regardless of whether additional Extension Terms are
available or not. The provisions of this Contract in effect when such notice is given shall
Page 3 of 22
remain in effect during the End of Term Extension. The End of Term Extension shall
automatically terminate upon execution of a replacement contract or modification extending
the total term of this Contract.
D. Early Termination in the Public Interest
The State is entering into this Contract to serve the public interest of the State of Colorado as
determined by its Governor, General Assembly, or Courts. If this Contract ceases to further
the public interest of the State, the State, in its discretion, may terminate this Contract in
whole or in part. A determination that this Contract should be terminated in the public interest
shall not be equivalent to a State right to terminate for convenience. This subsection shall not
apply to a termination of this Contract by the State for breach by Contractor, which shall be
governed by §12.A.i.
i. Method and Content
The State shall notify Contractor of such termination in accordance with §14. The
notice shall specify the effective date of the termination and whether it affects all or a
portion of this Contract, and shall include, to the extent practicable, the public interest
justification for the termination.
ii. Obligations and Rights
Upon receipt of a termination notice for termination in the public interest, Contractor
shall be subject to the rights and obligations set forth in §12.A.i.a.
iii. Payments
If the State terminates this Contract in the public interest, the State shall pay Contractor
an amount equal to the percentage of the total reimbursement payable under this
Contract that corresponds to the percentage of Work satisfactorily completed and
accepted, as determined by the State, less payments previously made. Additionally, if
this Contract is less than 60% completed, as determined by the State, the State may
reimburse Contractor for a portion of actual out-of-pocket expenses, not otherwise
reimbursed under this Contract, incurred by Contractor which are directly attributable
to the uncompleted portion of Contractor's obligations, provided that the sum of any
and all reimbursement shall not exceed the maximum amount payable to Contractor
hereunder.
3. DEFINITIONS
The following terms shall be construed and interpreted as follows:
A. "Breach of Contract" means the failure of a Party to perform any of its obligations in
accordance with this Contract, in whole or in part or in a timely or satisfactory manner.
The institution of proceedings under any bankruptcy, insolvency, reorganization or
similar law, by or against Contractor, or the appointment of a receiver or similar officer
for Contractor or any of its property, which is not vacated or fully stayed within 30 days
after the institution of such proceeding, shall also constitute a breach. If Contractor is
debarred or suspended under §24-109-105, C.R.S. at any time during the term of this
Contract, then such debarment or suspension shall constitute a breach.
B. "Business Day" means any day other than Saturday, Sunday, or a Legal Holiday as listed
in §24-11-101(1), C.R.S.
Page 4 of 22
C. "Chief Procurement Officer" means the individual to whom the Executive Director has
delegated his or her authority pursuant to §24-102-202(6), C.R.S. to procure or supervise
the procurement of all supplies and services needed by the state.
D. "CJI" means criminal justice information collected by criminal justice agencies needed
for the performance of their authorized functions, including, without limitation, all
information defined as criminal justice information by the U.S. Department of Justice,
Federal Bureau of Investigation, Criminal Justice Information Services Security Policy,
as amended and all Criminal Justice Records as defined under §24-72-302, C.R.S.
E. "Contract" means this agreement, including all attached Exhibits, all documents
incorporated by reference, all referenced statutes, rules and cited authorities, and any
future modifications thereto.
F. "Contract Funds" means the funds that have been appropriated, designated,
encumbered, or otherwise made available for payment by the State under this Contract.
G. "CORA" means the Colorado Open Records Act, §§24-72-200.1, et. seq., C.R.S.
H. "End of Term Extension" means the time period defined in §2.C
I. "Effective Date" means the date on which this Contract is approved and signed by the
Colorado State Controller or designee, as shown on the Signature Page for this Contract.
If this Contract is for a Major Information Technology Project, as defined in §24-37.5-
102(2.6), C.R.S., then the Effective Date of this Contract shall be the later of the date on
which this Contract is approved and signed by the State's Chief Information Officer or
authorized delegate or the date on which this Contract is approved and signed by the State
Controller or authorized delegate, as shown on the Signature Page for this Contract.
J. "Exhibits" means the exhibits and attachments included with this Contract as shown on
the Cover Page for this Contract.
K. "Extension Term" means the time period defined in §Error! Reference source not found.
L. "Goods" means any movable material acquired, produced, or delivered by Contractor as
set forth in this Contract and shall include any movable material acquired, produced, or
delivered by Contractor in connection with the Services.
M. "Incident" means any accidental or deliberate event that results in or constitutes an
imminent threat of the unauthorized access, loss, disclosure, modification, disruption, or
destruction of any communications or information resources of the State, which are
included as part of the Work, as described in §§24-37.5-401, et. seq., C.R.S. Incidents
include, without limitation, (i) successful attempts to gain unauthorized access to a State
system or State Information regardless of where such information is located; (ii)
unwanted disruption or denial of service; (iii) the unauthorized use of a State system for
the processing or storage of data; or (iv) changes to State system hardware, firmware, or
software characteristics without the State's knowledge, instruction, or consent.
N. "Initial Term" means the time period defined in §2.B
O. "Party" means the State or Contractor, and "Parties" means both the State and
Contractor.
P. "PII" means personally identifiable information including, without limitation, any
information maintained by the State about an individual that can be used to distinguish or
Page 5 of 22
Q.
trace an individual's identity, such as name, social security number, date and place of
birth, mother's maiden name, or biometric records; and any other information that is
linked or linkable to an individual, such as medical, educational, financial, and
employment information. PII includes, but is not limited to, all information defined as
personally identifiable information in §§24-72-501 and 24-73-101, C.R.S.
"PHI" means any protected health information, including, without limitation any
information whether oral or recorded in any form or medium: (i) that relates to the past,
present or future physical or mental condition of an individual; the provision of health
care to an individual; or the past, present or future payment for the provision of health
care to an individual; and (ii) that identifies the individual or with respect to which there
is a reasonable basis to believe the information can be used to identify the individual. PHI
includes, but is not limited to, any information defined as Individually Identifiable Health
Information by the federal Health Insurance Portability and Accountability Act.
R. "Services" means the services to be performed by Contractor as set forth in this Contract,
and shall include any services to be rendered by Contractor in connection with the Goods.
S. "State Confidential Information" means any and all State Records not subject to
disclosure under CORA. State Confidential Information shall include, but is not limited
to, PII, PHI, CJI, and State personnel records not subject to disclosure under CORA. State
Confidential Information shall not include information or data concerning individuals that
is not deemed confidential but nevertheless belongs to the State, which has been
communicated, furnished, or disclosed by the State to Contractor which (i) is subject to
disclosure pursuant to CORA; (ii) is already known to Contractor without restrictions at
the time of its disclosure to Contractor; (iii) is or subsequently becomes publicly available
without breach of any obligation owed by Contractor to the State; (iv) is disclosed to
Contractor, without confidentiality obligations, by a third party who has the right to
disclose such information; or (v) was independently developed without reliance on any
State Confidential Information.
T. "State Fiscal Rules" means that fiscal rules promulgated by the Colorado State
Controller pursuant to §24-30-202(13)(a), C.R.S.
U. "State Fiscal Year" means a 12 -month period beginning on July 1 of each calendar year
and ending on June 30 of the following calendar year. If a single calendar year follows
the term, then it means the State Fiscal Year ending in that calendar year.
V. "State Records" means any and all State data, information, and records, regardless of
physical form, including, but not limited to, information subject to disclosure under
CORA.
W. "Subcontractor" means third -parties, if any, engaged by Contractor to aid in
performance of the Work.
X. "Work" means the Goods delivered and Services performed pursuant to this Contract.
Y. "Work Product" means the tangible and intangible results of the Work, whether finished
or unfinished, including drafts. Work Product includes, but is not limited to, documents,
text, software (including source code), research, reports, proposals, specifications, plans,
notes, studies, data, images, photographs, negatives, pictures, drawings, designs, models,
surveys, maps, materials, ideas, concepts, know-how, and any other results of the Work.
Page 6 of 22
"Work Product" does not include any material that was developed prior to the Effective
Date that is used, without modification, in the performance of the Work.
Any other term used in this Contract that is defined in an Exhibit shall be construed and interpreted
as defined in that Exhibit.
4. STATEMENT OF WORK
Contractor shall complete the Work as described in this Contract and in accordance with the
provisions of Exhibit A. The State shall have no liability to compensate Contractor for the delivery
of any goods or the performance of any services that are not specifically set forth in this Contract.
5. PAYMENTS TO CONTRACTOR
A. Maximum Amount
Payments to Contractor are limited to the unpaid, obligated balance of the Contract Funds.
The State shall not pay Contractor any amount under this Contract that exceeds the Contract
Maximum for that State Fiscal Year shown on the Cover Page for this Contract.
B. Payment Procedures
i. Invoices and Payment
a. The State shall pay Contractor in the amounts and in accordance with the schedule
and other conditions set forth in Exhibit A.
b. Contractor shall initiate payment requests by invoice to the State, in a form and
manner approved by the State.
c. The State shall pay each invoice within 45 days following the State's receipt of
that invoice, so long as the amount invoiced correctly represents Work completed
by Contractor and previously accepted by the State during the term that the
invoice covers. If the State determines that the amount of any invoice is not
correct, then Contractor shall make all changes necessary to correct that invoice.
d. The acceptance of an invoice shall not constitute acceptance of any Work
performed or deliverables provided under this Contract.
ii. Interest
Amounts not paid by the State within 45 days of the State's acceptance of the invoice
shall bear interest on the unpaid balance beginning on the 45th day at the rate of 1% per
month, as required by §24-30-202(24)(a), C.R.S., until paid in full; provided, however,
that interest shall not accrue on unpaid amounts that the State disputes in writing.
Contractor shall invoice the State separately for accrued interest on delinquent amounts,
and the invoice shall reference the delinquent payment, the number of day's interest to
be paid and the interest rate.
iii. Payment Disputes
If Contractor disputes any calculation, determination or amount of any payment, Contractor
shall notify the State in writing of its dispute within 30 days following the earlier to occur of
Contractor's receipt of the payment or notification of the Payment Forfeiture
determination or calculation of the payment by the State. The State will review the
information presented by Contractor and may make changes to its determination based
on this review. The calculation, determination or payment amount that results from the
Page 7 of 22
State's review shall not be subject to additional dispute under this subsection. No
payment subject to a dispute under this subsection shall be due until after the State has
concluded its review, and the State shall not pay any interest on any amount during the
period it is subject to dispute under this subsection.
iv. Available Funds -Contingency -Termination
The State is prohibited by law from making commitments beyond the term of the
current State Fiscal Year. Payment to Contractor beyond the current State Fiscal Year
is contingent on the appropriation and continuing availability of Contract Funds in any
subsequent year (as provided in the Colorado Special Provisions). If federal funds or
funds from any other non -State funds constitute all or some of the Contract Funds the
State's obligation to pay Contractor shall be contingent upon such non -State funding
continuing to be made available for payment. Payments to be made pursuant to this
Contract shall be made only from Contract Funds, and the State's liability for such
payments shall be limited to the amount remaining of such Contract Funds. If State,
federal or other funds are not appropriated, or otherwise become unavailable to fund
this Contract, the State may, upon written notice, terminate this Contract, in whole or
in part, without incurring further liability. The State shall, however, remain obligated
to pay for Services and Goods that are delivered and accepted prior to the effective date
of notice of termination, and this termination shall otherwise be treated as if this
Contract were terminated in the public interest as described in §2.D.
C. Payment Forfeiture
Payment for Work shall be paid from the same Fiscal Year Appropriation in which the
Work was performed. Contractor shall submit all invoices for the current Fiscal Year on
or before July 5, of the following Fiscal Year. Failure by Contractor to submit invoices
by July 5 may result in a forfeiture of payment. In no event shall the State pay late
invoices from a reverted appropriation.
6. REPORTING - NOTIFICATION
A. Quarterly Reports.
In addition to any reports required pursuant to §16 or pursuant to any other Exhibit, for any
contract having a term longer than 3 months, Contractor shall submit, on a quarterly basis, a
written report specifying progress made for each specified performance measure and standard
in this Contract. Such progress report shall be in accordance with the procedures developed
and prescribed by the State. Progress reports shall be submitted to the State not later than 5
Business Days following the end of each calendar quarter or at such time as otherwise
specified by the State.
B. Litigation Reporting
If Contractor is served with a pleading or other document in connection with an action before
a court or other administrative decision making body, and such pleading or document relates
to this Contract or may affect Contractor's ability to perform its obligations under this
Contract, Contractor shall, within 10 days after being served, notify the State of such action
and deliver copies of such pleading or document to the State's principal representative
identified in §14.
Page 8 of 22
C. Performance Outside the State of Colorado or the United States, §24-102-206, C.R.S.
To the extent not previously disclosed in accordance with §24-102-206, C.R.S., Contractor
shall provide written notice to the State, in accordance with §14 and in a form designated by
the State, within 20 days following the earlier to occur of Contractor's decision to perform
Services outside of the State of Colorado or the United States, or its execution of an
agreement with a Subcontractor to perform, Services outside the State of Colorado or the
United States. Such notice shall specify the type of Services to be performed outside the State
of Colorado or the United States and the reason why it is necessary or advantageous to
perform such Services at such location or locations, and such notice shall be a public record.
Knowing failure by Contractor to provide notice to the State under this section shall constitute
a breach of this Contract. This section shall not apply if the Contract Funds include any
federal funds.
7. CONTRACTOR RECORDS
A. Maintenance
Contractor shall maintain a file of all documents, records, communications, notes and other
materials relating to the Work (the "Contractor Records"). Contractor Records shall include
all documents, records, communications, notes and other materials maintained by Contractor
that relate to any Work performed by Subcontractors, and Contractor shall maintain all
records related to the Work performed by Subcontractors required to ensure proper
performance of that Work. Contractor shall maintain Contractor Records until the last to
occur of: (i) the date 3 years after the date this Contract expires or is terminated, (ii) final
payment under this Contract is made, (iii) the resolution of any pending Contract matters, or
(iv) if an audit is occurring, or Contractor has received notice that an audit is pending, the
date such audit is completed and its findings have been resolved (the "Record Retention
Period").
B. Inspection
Contractor shall permit the State to audit, inspect, examine, excerpt, copy and transcribe
Contractor Records during the Record Retention Period. Contractor shall make Contractor
Records available during normal business hours at Contractor's office or place of business,
or at other mutually agreed upon times or locations, upon no fewer than 2 Business Days'
notice from the State, unless the State determines that a shorter period of notice, or no notice,
is necessary to protect the interests of the State.
C. Monitoring
The State, in its discretion, may monitor Contractor's performance of its obligations under
this Contract using procedures as determined by the State. The State shall monitor
Contractor's performance in a manner that does not unduly interfere with Contractor's
performance of the Work.
D. Final Audit Report
Contractor shall promptly submit to the State a copy of any final audit report of an audit
performed on Contractor's records that relates to or affects this Contract or the Work, whether
the audit is conducted by Contractor or a third party.
S. CONFIDENTIAL INFORMATION -STATE RECORDS
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A. Confidentiality
Contractor shall keep confidential, and cause all Subcontractors to keep confidential, all State
Records, unless those State Records are publicly available. Contractor shall not, without prior
written approval of the State, use, publish, copy, disclose to any third party, or permit the use
by any third party of any State Records, except as otherwise stated in this Contract, permitted
by law or approved in Writing by the State. Contractor shall provide for the security of all
State Confidential Information in accordance with all policies promulgated by the Colorado
Office of Information Security and all applicable laws, rules, policies, publications, and
guidelines.
(i) the most recently issued version of the U.S. Department of Justice, Federal Bureau of
Investigation, Criminal Justice Information Services Security Policy for all CJI, and (ii) the
federal Health Insurance Portability and Accountability Act for all PHI and the HIPAA
Business Associate Agreement attached to this Contract, if applicable. Contractor shall
immediately forward any request or demand for State Records to the State's principal
representative.
B. Other Entity Access and Nondisclosure Agreements.
Contractor may provide State Records to its agents, employees, assigns and Subcontractors
as necessary to perform the Work, but shall restrict access to State Confidential Information
to those agents, employees, assigns and Subcontractors who require access to perform their
obligations under this Contract. Contractor shall ensure all such agents, employees, assigns,
and Subcontractors sign agreements containing nondisclosure provisions at least as protective
as those in this Contract, and that the nondisclosure provisions are in force at all times the
agent, employee, assign or Subcontractor has access to any State Confidential Information.
Contractor shall provide copies of those signed nondisclosure provisions to the State upon
execution of the nondisclosure provisions.
C. Use, Security, and Retention
Contractor shall use, hold and maintain State Confidential Information in compliance with
any and all applicable laws and regulations in facilities located within the United States, and
shall maintain a secure environment that ensures confidentiality of all State Confidential
Information wherever located. Contractor shall provide the State with access, subject to
Contractor's reasonable security requirements, for purposes of inspecting and monitoring
access and use of State Confidential Information and evaluating security control
effectiveness. Upon the expiration or termination of this Contract, Contractor shall return
State Records provided to Contractor or destroy such State Records and certify to the State
that it has done so, as directed by the State. If Contractor is prevented by law or regulation
from returning or destroying State Confidential Information, Contractor warrants it will
guarantee the confidentiality of, and cease to use, such State Confidential Information.
D. Incident Notice and Remediation
If Contractor becomes aware of any Incident, it shall notify the State immediately and
cooperate with the State regarding recovery, remediation, and the necessity to involve law
enforcement, as determined by the State. Unless Contractor can establish that none of
Contractor or any of its agents, employees, assigns or Subcontractors are the cause or source
of the Incident, Contractor shall be responsible for the cost of notifying each person who may
have been impacted by the Incident. After an Incident, Contractor shall take steps to reduce
the risk of incurring a similar type of Incident in the future as directed by the State, which
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may include, but is not limited to, developing and implementing a remediation plan that is
approved by the State at no additional cost to the State. The State may, in its sole discretion
and at Contractor's sole expense, require Contractor to engage the services of an independent,
qualified, State -approved third party to conduct a security audit. Contractor shall provide the
State with the results of such audit and evidence of Contractor's planned remediation in
response to any negative findings.
E. Data Protection and Handling
Contractor shall ensure that all State Records and Work Product in the possession of
Contractor or any Subcontractors are protected and handled in accordance with the
requirements of this Contract, including the requirements of any Exhibits hereto, at all times.
F. Safeguarding PII
If Contractor or any of its Subcontractors will or may receive PII under this Contract,
Contractor shall provide for the security of such PII, in a manner and form acceptable to the
State, including, without limitation, State non -disclosure requirements, use of appropriate
technology, security practices, computer access security, data access security, data storage
encryption, data transmission encryption, security inspections, and audits. Contractor shall
be a "Third -Party Service Provider" as defined in §24-73-103(1)(i), C.R.S. and shall maintain
security procedures and practices consistent with §§24-73-101 et seq., C.R.S.
9. CONFLICTS OF INTEREST
A. Actual Conflicts of Interest
Contractor shall not engage in any business or activities, or maintain any relationships that
conflict in any way with the full performance of the obligations of Contractor under this
Contract. Such a conflict of interest would arise when a Contractor or Subcontractor's
employee, officer or agent were to offer or provide any tangible personal benefit to an
employee of the State, or any member of his or her immediate family or his or her partner,
related to the award of, entry into or management or oversight of this Contract.
B. Apparent Conflicts of Interest
Contractor acknowledges that, with respect to this Contract, even the appearance of a conflict
of interest shall be harmful to the State's interests. Absent the State's prior written approval,
Contractor shall refrain from any practices, activities or relationships that reasonably appear
to be in conflict with the full performance of Contractor's obligations under this Contract.
C. Disclosure to the State
If a conflict or the appearance of a conflict arises, or if Contractor is uncertain whether a
conflict or the appearance of a conflict has arisen, Contractor shall submit to the State a
disclosure statement setting forth the relevant details for the State's consideration. Failure to
promptly submit a disclosure statement or to follow the State's direction in regard to the
actual or apparent conflict constitutes a breach of this Contract.
10. INSURANCE
Contractor shall obtain and maintain, and ensure that each Subcontractor shall obtain and maintain,
insurance as specified in this section at all times during the term of this Contract. All insurance
policies required by this Contract shall be issued by insurance companies as approved by the State.
A. Workers' Compensation
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Workers' compensation insurance as required by state statute, and employers' liability
insurance covering all Contractor or Subcontractor employees acting within the course and
scope of their employment.
B. General Liability
Commercial general liability insurance covering premises operations, fire damage,
independent contractors, products and completed operations, blanket contractual liability,
personal injury, and advertising liability with minimum limits as follows:
i. $1,000,000 each occurrence;
ii. $1,000,000 general aggregate;
iii. $1,000,000 products and completed operations aggregate; and
iv. $50,000 and 1 fire.
C. Automobile Liability
Automobile liability insurance covering any auto (including owned, hired and non -owned
autos) with a minimum limit of $1,000,000 each accident combined single limit.
D. Protected Information
Liability insurance covering all loss of State Confidential Information, such as PII, PHI, PCI,
Tax Information, and CJI, and claims based on alleged violations of privacy rights through
improper use or disclosure of protected information with minimum limits as follows:
i. $1,000,000 each occurrence; and
ii. $2,000,000 general aggregate.
E. Professional Liability Insurance
Professional liability insurance covering any damages caused by an error, omission or any
negligent act with minimum limits as follows:
i. $1,000,000 each occurrence; and
ii. $1,000,000 general aggregate.
F. Crime Insurance
Crime insurance including employee dishonesty coverage with minimum limits as follows:
i. $1,000,000 each occurrence; and
ii. $1,000,000. general aggregate.
G. Additional Insured
The State shall be named as additional insured on all commercial general liability policies
(leases and construction contracts require additional insured coverage for completed
operations) required of Contractor and Subcontractors.
H. Primacy of Coverage
Coverage required of Contractor and each Subcontractor shall be primary over any insurance
or self-insurance program carried by Contractor or the State.
I. Cancellation
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The above insurance policies shall include provisions preventing cancellation or non -
renewal, except for cancellation based on non-payment of premiums, without at least 30 days
prior notice to Contractor and Contractor shall forward such notice to the State in accordance
with §14 within 7 days of Contractor's receipt of such notice.
J. Subrogation Waiver
All insurance policies secured or maintained by Contractor or its Subcontractors in relation
to this Contract shall include clauses stating that each carrier shall waive all rights of recovery
under subrogation or otherwise against Contractor or the State, its agencies, institutions,
organizations, officers, agents, employees, and volunteers.
K. Public Entities
If Contractor is a "public entity" within the meaning of the Colorado Governmental Immunity
Act, §24-10-101, et seq., C.R.S. (the "GIA"), Contractor shall maintain, in lieu of the liability
insurance requirements stated above, at all times during the term of this Contract such liability
insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under
the GIA. If a Subcontractor is a public entity within the meaning of the GIA, Contractor shall
ensure that the Subcontractor maintain at all times during the terms of this Contract, in lieu
of the liability insurance requirements stated above, such liability insurance, by commercial
policy or self-insurance, as is necessary to meet the Subcontractor's obligations under the
GIA.
L. Certificates
Contractor shall provide to the State certificates evidencing Contractor's insurance coverage
required in this Contract within 7 Business Days following the Effective Date. Contractor
shall provide to the State certificates evidencing Subcontractor insurance coverage required
under this Contract within 7 Business Days following the Effective Date, except that, if
Contractor's subcontract is not in effect as of the Effective Date, Contractor shall provide to
the State certificates showing Subcontractor insurance coverage required under this Contract
within 7 Business Days following Contractor's execution of the subcontract. No later than 15
days before the expiration date of Contractor's or any Subcontractor's coverage, Contractor
shall deliver to the State certificates of insurance evidencing renewals of coverage. At any
other time during the term of this Contract, upon request by the State, Contractor shall, within
7 Business Days following the request by the State, supply to the State evidence satisfactory
to the State of compliance with the provisions of this section.
11. BREACH OF CONTRACT
In the event of a Breach of Contract, the aggrieved Party shall give written notice of breach to the
other Party. If the notified Party does not cure the Breach of Contract, at its sole expense, within
30 days after the delivery of written notice, the Party may exercise any of the remedies as described
in §12 for that Party. Notwithstanding any provision of this Contract to the contrary, the State, in
its discretion, need not provide notice or a cure period and may immediately terminate this Contract
in whole or in part or institute any other remedy in this Contract in order to protect the public
interest of the State; or if Contractor is debarred or suspended under §24-109-105, C.R.S., the State,
in its discretion, need not provide notice or cure period and may terminate this Contract in whole
or in part or institute any other remedy in this Contract as of the date that the debarment or
suspension takes effect.
12. REMEDIES
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A. State's Remedies
If Contractor is in breach under any provision of this Contract and fails to cure such breach,
the State, following the notice and cure period set forth in §11, shall have all of the remedies
listed in this section. in addition to all other remedies set forth in this Contract or at law. The
State may exercise any or all of the remedies available to it, in its discretion, concurrently or
consecutively.
Termination for Breach
In the event of Contractor's uncured breach, the State may terminate this entire Contract
or any part of this Contract. Contractor shall continue performance of this Contract to
the extent not terminated, if any.
a. Obligations and Rights
To the extent specified in any termination notice, Contractor shall not incur further
obligations or render further performance past the effective date of such notice,
and shall terminate outstanding orders and subcontracts with third parties.
However, Contractor shall complete and deliver to the State all Work not
cancelled by the termination notice, and may incur obligations as necessary to do
so within this Contract's terms. At the request of the State, Contractor shall assign
to the State all of Contractor's rights, title, and interest in and to such terminated
orders or subcontracts. Upon termination, Contractor shall take timely, reasonable
and necessary action to protect and preserve property in the possession of
Contractor but in which the State has an interest. At the State's request, Contractor
shall return materials owned by the State in Contractor's possession at the time of
any termination. Contractor shall deliver all completed Work Product and all
Work Product that was in the process of completion to the State at the State's
request.
b. Payments
Notwithstanding anything to the contrary, the State shall only pay Contractor for
accepted Work received as of the date of termination. If, after termination by the
State, the State agrees that Contractor was not in breach or that Contractor's action
or inaction was excusable, such termination shall be treated as a termination in
the public interest, and the rights and obligations of the Parties shall be as if this
Contract had been terminated in the public interest under §2.D.
c. Damages and Withholding
Notwithstanding any other remedial action by the State, Contractor shall remain
liable to the State for any damages sustained by the State in connection with any
breach by Contractor, and the State may withhold payment to Contractor for the
purpose of mitigating the State's damages until such time as the exact amount of
damages due to the State from Contractor is determined. The State may withhold
any amount that may be due Contractor as the State deems necessary to protect
the State against loss including, without limitation, loss as a result of outstanding
liens and excess costs incurred by the State in procuring from third parties
replacement Work as cover.
ii. Remedies Not Involving Termination
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The State, in its discretion, may exercise one or more of the following additional
remedies:
a. Suspend Performance
Suspend Contractor's performance with respect to all or any portion of the Work
pending corrective action as specified by the State without entitling Contractor to
an adjustment in price or cost or an adjustment in the performance schedule.
Contractor shall promptly cease performing Work and incurring costs in
accordance with the State's directive, and the State shall not be liable for costs
incurred by Contractor after the suspension of performance.
b. Withhold Payment
Withhold payment to Contractor until Contractor corrects its Work.
c. Deny Payment
Deny payment for Work not performed, or that due to Contractor's actions or
inactions, cannot be performed or if they were performed are reasonably of no
value to the state; provided, that any denial of payment shall be equal to the value
of the obligations not performed.
d. Removal
Demand immediate removal of any of Contractor's employees, agents, or
Subcontractors from the Work whom the State deems incompetent, careless,
insubordinate, unsuitable, or otherwise unacceptable or whose continued relation
to this Contract is deemed by the State to be contrary to the public interest or the
State's best interest.
e. Intellectual Property
If any Work infringes, or if the State in its sole discretion determines that any
Work is likely to infringe, a patent, copyright, trademark, trade secret or other
intellectual property right, Contractor shall, as approved by the State (i) secure
that right to use such Work for the State and Contractor; (ii) replace the Work
with non -infringing Work or modify the Work so that it becomes non -infringing;
or, (iii) remove any infringing Work and refund the amount paid for such Work
to the State
B. Contractor's Remedies
If the State is in breach of any provision of this Contract and does not cure such breach,
Contractor, following the notice and cure period in §11 and the dispute resolution process in
§13 shall have all remedies available at law and equity.
13. DISPUTE RESOLUTION
A. Initial Resolution
Except as herein specifically provided otherwise, disputes concerning the performance of this
Contract which cannot be resolved by the designated Contract representatives shall be
referred in writing to a senior departmental management staff member designated by the State
and a senior manager designated by Contractor for resolution.
B. Resolution of Controversies
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If the initial resolution described in §13.A fails to resolve the dispute within 10 Business
Days, Contractor shall submit any alleged breach of this Contract by the State to the
Procurement Official of the State Agency named on the Cover Page of this Contract as
described in §24-101-301(30), C.R.S. for resolution in accordance with the provisions of
§§24-106-109, and 24-109-101.1 through 24-109-505, C.R.S., (the "Resolution Statutes"),
except that if Contractor wishes to challenge any decision rendered by the Procurement
Official, Contractor's challenge shall be an appeal to the executive director of the Department
of Personnel and Administration, or their delegate, under the Resolution Statutes before
Contractor pursues any further action as permitted by such statutes. Except as otherwise
stated in this Section, all requirements of the Resolution Statutes shall apply including,
without limitation, time limitations.
14. NOTICES AND REPRESENTATIVES
Each individual identified as a Principal Representative on the Cover Page for this Contract shall
be the principal representative of the designating Party. All notices required or permitted to be
given under this Contract shall be in writing, and shall be delivered (A) by hand with receipt
required, (B) by certified or registered mail to such Party's principal representative at the address
set forth below or (C) as an email with read receipt requested to the principal representative at the
email address, if any, set forth on the Cover Page for this Contract. If a Party delivers a notice to
another through email and the email is undeliverable, then, unless the Party has been provided with
an alternate email contact, the Party delivering the notice shall deliver the notice by hand with
receipt required or by certified or registered mail to such Party's principal representative at the
address set forth on the Cover Page for this Contract. Either Party may change its principal
representative or principal representative contact information, or may designate specific other
individuals to receive certain types of notices in addition to or in lieu of a principal representative
by notice submitted in accordance with this section without a formal amendment to this Contract.
Unless otherwise provided in this Contract, notices shall be effective upon delivery of the written
notice.
15. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION
A. Work Product
Contractor assigns to the State and its successors and assigns, the entire right, title, and
interest in and to all causes of action, either in law or in equity, for past, present, or future
infringement of intellectual property rights related to the Work Product and all works based
on, derived from, or incorporating the Work Product. Whether or not Contractor is under
contract with the State at the time, Contractor shall execute applications, assignments, and
other documents, and shall render all other reasonable assistance requested by the State, to
enable the State to secure patents, copyrights, licenses and other intellectual property rights
related to the Work Product. To the extent that Work Product would fall under the definition
of "works made for hire" under 17 U.S.C.S. §101, the Parties intend the Work Product to be
a work made for hire.
B. Exclusive Property of the State
Except to the extent specifically provided elsewhere in this Contract, any pre-existing State
Records, State software, research, reports, studies, photographs, negatives or other
documents, drawings, models, materials, data and information shall be the exclusive property
of the State (collectively, "State Materials"). Contractor shall not use, willingly allow, cause
or permit Work Product or State Materials to be used for any purpose other than the
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performance of Contractor's obligations in this Contract without the prior written consent of
the State. Upon termination of this Contract for any reason, Contractor shall provide all
Work Product and State Materials to the State in a form and manner as directed by the State.
C. Exclusive Property of Contractor
Contractor retains the exclusive rights, title, and ownership to any and all pre-existing
materials owned or licensed to Contractor including, but not limited to, all pre-existing
software, licensed products, associated source code, machine code, text images, audio and/or
video, and third -party materials, delivered by Contractor under the Contract, whether
incorporated in a Deliverable or necessary to use a Deliverable (collectively, "Contractor
Property"). Contractor Property shall be licensed to the State as set forth in this Contract or a
State approved license agreement: (i) entered into as exhibits to this Contract; (ii) obtained
by the State from the applicable third -party vendor; or (iii) in the case of open source
software, the license terms set forth in the applicable open source license agreement.
16. STATEWIDE CONTRACT MANAGEMENT SYSTEM
If the maximum amount payable to Contractor under this Contract is $100,000 or greater, either
on the Effective Date or at any time thereafter, this section shall apply. Contractor agrees to be
governed by and comply with the provisions of §§24-106-103, 24-102-206, 24-106-106, and 24-
106-107, C.R.S. regarding the monitoring of vendor performance and the reporting of contract
performance information in the State's contract management system ("Contract Management
System" or "CMS"). Contractor's performance shall be subject to evaluation and review in
accordance with the terms and conditions of this Contract, Colorado statutes governing CMS, and
State Fiscal Rules and State Controller policies.
17. GENERAL PROVISIONS
A. Assignment
Contractor's rights and obligations under this Contract are personal and may not be
transferred or assigned without the prior, written consent of the State. Any attempt at
assignment or transfer without such consent shall be void. Any assignment or transfer of
Contractor's rights and obligations approved by the State shall be subject to the provisions of
this Contract
B. Subcontracts
Contractor shall not enter into any subcontract in connection with its obligations under this
Contract without the prior, written approval of the State. Contractor shall submit to the State
a copy of each such subcontract upon request by the State. All subcontracts entered into by
Contractor in connection with this Contract shall comply with all applicable federal and state
laws and regulations, shall provide that they are governed by the laws of the State of
Colorado, and shall be subject to all provisions of this Contract.
C. Binding Effect
Except as otherwise provided in §17.A., all provisions of this Contract, including the benefits
and burdens, shall extend to and be binding upon the Parties' respective successors and
assigns.
D. Authority
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Each Party represents and warrants to the other that the execution and delivery of this
Contract and the performance of such Party's obligations have been duly authorized.
E. Captions and References
The captions and headings in this Contract are for convenience of reference only, and shall
not be used to interpret, define, or limit its provisions. All references in this Contract to
sections (whether spelled out or using the § symbol), subsections, exhibits or other
attachments, are references to sections, subsections, exhibits or other attachments contained
herein or incorporated as a part hereof, unless otherwise noted.
F. Counterparts
This Contract may be executed in multiple, identical, original counterparts, each of which
shall be deemed to be an original, but all of which, taken together, shall constitute one and
the same agreement.
G. Entire Understanding
This Contract represents the complete integration of all understandings between the Parties
related to the Work, and all prior representations and understandings related to the Work, oral
or written, are merged into this Contract. Prior or contemporaneous additions, deletions, or
other changes to this Contract shall not have any force or effect whatsoever, unless embodied
herein.
H. Digital Signatures
If any signatory signs this agreement using a digital signature in accordance with the
Colorado State Controller Contract, Grant and Purchase Order Policies regarding the use of
digital signatures issued under the State Fiscal Rules, then any agreement or consent to use
digital signatures within the electronic system through which that signatory signed shall be
incorporated into this Contract by reference.
I. Modification
Except as otherwise provided in this Contract, any modification to this Contract shall only be
effective if agreed to in a formal amendment to this Contract, properly executed and approved
in accordance with applicable Colorado State law and State Fiscal Rules. Modifications
permitted under this Contract, other than contract amendments, shall conform to the policies
issued by the Colorado State Controller.
J. Statutes, Regulations, Fiscal Rules, and Other Authority.
Any reference in this Contract to a statute, regulation, State Fiscal Rule, fiscal policy or other
authority shall be interpreted to refer to such authority then current, as may have been
changed or amended since the Effective Date of this Contract.
K. External Terms and Conditions
Notwithstanding anything to the contrary herein, the State shall not be subject to any
provision included in any terms, conditions, or agreements appearing on Contractor's or a
Subcontractor's website or any provision incorporated into any click -through or online
agreements related to the Work unless that provision is specifically referenced in this
Contract.
L. Severability
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The invalidity or unenforceability of any provision of this Contract shall not affect the validity
or enforceability of any other provision of this Contract, which shall remain in full force and
effect, provided that the Parties can continue to perform their obligations under this Contract
in accordance with the intent of this Contract.
M. Survival of Certain Contract Terms
Any provision of this Contract that imposes an obligation on a Party after termination or
expiration of this Contract shall survive the termination or expiration of this Contract and
shall be enforceable by the other Party.
N. Taxes
The State is exempt from federal excise taxes under I.R.C. Chapter 32 (26 U.S.C., Subtitle
D, Ch. 32) (Federal Excise Tax Exemption Certificate of Registry No. 84-730123K) and from
State and local government sales and use taxes under §§39-26-704(1), et seq., C.R.S.
(Colorado Sales Tax Exemption Identification Number 98-02565). The State shall not be
liable for the payment of any excise, sales, or use taxes, regardless of whether any political
subdivision of the state imposes such taxes on Contractor. Contractor shall be solely
responsible for any exemptions from the collection of excise, sales or use taxes that
Contractor may wish to have in place in connection with this Contract.
O. Third Party Beneficiaries
Except for the Parties' respective successors and assigns described in §17.A., this Contract
does not and is not intended to confer any rights or remedies upon any person or entity other
than the Parties. Enforcement of this Contract and all rights and obligations hereunder are
reserved solely to the Parties. Any services or benefits which third parties receive as a result
of this Contract are incidental to this Contract, and do not create any rights for such third
parties.
P. Waiver
A Party's failure or delay in exercising any right, power, or privilege under this Contract,
whether explicit or by lack of enforcement, shall not operate as a waiver, nor shall any single
or partial exercise of any right, power, or privilege preclude any other or further exercise of
such right, power, or privilege.
Q. CORA Disclosure
To the extent not prohibited by federal law, this Contract and the performance measures and
standards required under §24-106-107, C.R.S., if any, are subject to public release through
the CORA.
R. Standard and Manner of Performance
Contractor shall perform its obligations under this Contract in accordance with the highest
standards of care, skill and diligence in Contractor's industry, trade, or profession.
S. Licenses, Permits, and Other Authorizations.
Contractor shall secure, prior to the Effective Date, and maintain at all times during the term
of this Contract, at its sole expense, all licenses, certifications, permits, and other
authorizations required to perform its obligations under this Contract, and shall ensure that
all employees, agents and Subcontractors secure and maintain at all times during the term of
COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3)
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These Special Provisions apply to all contracts except where noted in italics.
T. STATUTORY APPROVAL. §24-30-202(1), C.R.S.
This Contract shall not be valid until it has been approved by the Colorado State Controller
or designee. If this Contract is for a Major Information Technology Project, as defined in
§24-37.5-102(2.6), then this Contract shall not be valid until it has been approved by the
State's Chief Information Officer or designee.
U. FUND AVAILABILITY. §24-30-202(5.5), C.R.S.
Financial obligations of the State payable after the current State Fiscal Year are contingent
upon funds for that purpose being appropriated, budgeted, and otherwise made available.
V. INDEPENDENT CONTRACTOR
Contractor shall perform its duties hereunder as an independent contractor and not as an
employee. Neither Contractor nor any agent or employee of Contractor shall be deemed to
be an agent or employee of the State. Contractor shall not have authorization, express or
implied, to bind the State to any agreement, liability or understanding, except as expressly
set forth herein. Contractor and its employees and agents are not entitled to
unemployment insurance or workers compensation benefits through the State and the
State shall not pay for or otherwise provide such coverage for Contractor or any of its
agents or employees. Contractor shall pay when due all applicable employment taxes
and income taxes and local head taxes incurred pursuant to this Contract. Contractor
shall (i) provide and keep in force workers' compensation and unemployment
compensation insurance in the amounts required by law, (ii) provide proof thereof when
requested by the State, and (iii) be solely responsible for its acts and those of its
employees and agents.
W. COMPLIANCE WITH LAW.
Contractor shall comply with all applicable federal and State laws, rules, and regulations in
effect or hereafter established, including, without limitation, laws applicable to
discrimination and unfair employment practices.
X. CHOICE OF LAW, JURISDICTION, AND VENUE.
Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the
interpretation, execution, and enforcement of this Contract. Any provision included or
incorporated herein by reference which conflicts with said laws, rules, and regulations shall
be null and void. All suits or actions related to this Contract shall be filed and proceedings
held in the State of Colorado and exclusive venue shall be in the City and County of Denver.
Y. PROHIBITED TERMS.
Any term included in this Contract that requires the State to indemnify or hold Contractor
harmless; requires the State to agree to binding arbitration; limits Contractor's liability for
damages resulting from death, bodily injury, or damage to tangible property; or that conflicts
with this provision in any way shall be void ab initio. Nothing in this Contract shall be
construed as a waiver of any provision of §24-106-109 C.R.S. Any term included in this
Contract that limits Contractor's liability that is not void under this section shall apply only
in excess of any insurance to be maintained under this Contract, and no insurance policy shall
be interpreted as being subject to any limitations of liability of this Contract.
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Z. SOFTWARE PIRACY PROHIBITION.
State or other public funds payable under this Contract shall not be used for the acquisition,
operation, or maintenance of computer software in violation of federal copyright laws or
applicable licensing restrictions. Contractor hereby certifies and warrants that, during the
term of this Contract and any extensions, Contractor has and shall maintain in place
appropriate systems and controls to prevent such improper use of public funds. If the State
determines that Contractor is in violation of this provision, the State may exercise any remedy
available at law or in equity or under this Contract, including, without limitation, immediate
termination of this Contract and any remedy consistent with federal copyright laws or
applicable licensing restrictions.
AA. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-201
and 24-50-507, C.R.S.
The signatories aver that to their knowledge, no employee of the State has any personal or
beneficial interest whatsoever in the service or property described in this Contract. Contractor
has no interest and shall not acquire any interest, direct or indirect, that would conflict in any
manner or degree with the performance of Contractor's services and Contractor shall not
employ any person having such known interests.
BB. VENDOR OFFSET AND ERRONEOUS PAYMENTS. §§24-30-202(1) and 24-30-
202.4, C.R.S.
[Not applicable to intergovernmental agreements] Subject to §24-30-202.4(3.5), C.R.S., the
State Controller may withhold payment under the State's vendor offset intercept system for
debts owed to State agencies for: (i) unpaid child support debts or child support arrearages;
(ii) unpaid balances of tax, accrued interest, or other charges specified in §§39-21-101, et
seq., C.R.S.; (iii) unpaid loans due to the Student Loan Division of the Department of Higher
Education; (iv) amounts required to be paid to the Unemployment Compensation Fund; and
(v) other unpaid debts owing to the State as a result of final agency determination or judicial
action. The State may also recover, at the State's discretion, payments made to Contractor
in error for any reason, including, but not limited to, overpayments or improper payments,
and unexpended or excess funds received by Contractor by deduction from subsequent
payments under this Contract, deduction from any payment due under any other contracts,
grants or agreements between the State and Contractor, or by any other appropriate method
for collecting debts owed to the State.
CC. PUBLIC CONTRACTS FOR SERVICES. §§8-17.5-101, et seq., C.R.S.
[Not applicable to agreements relating to the offer, issuance, or sale of securities,
investment advisory services or fund management services, sponsored projects,
intergovernmental agreements, or information technology services or products and
services] Contractor certifies, warrants, and agrees that it does not knowingly employ or
contract with an illegal alien who will perform work under this Contract and will confirm the
employment eligibility of all employees who are newly hired for employment in the United
States to perform work under this Contract, through participation in the E -Verify Program or
the State verification program established pursuant to §8-17.5-102(5)(c), C.R.S., Contractor
shall not knowingly employ or contract with an illegal alien to perform work under this
Contract or enter into a contract with a Subcontractor that fails to certify to Contractor that
the Subcontractor shall not knowingly employ or contract with an illegal alien to perform
work under this Contract. Contractor (i) shall not use E -Verify Program or the program
Page 21 of 22
procedures of the Colorado Department of Labor and Employment ("Department Program")
to undertake pre -employment screening of job applicants while this Contract is being
performed, (ii) shall notify the Subcontractor and the contracting State agency or institution
of higher education within 3 days if Contractor has actual knowledge that a Subcontractor is
employing or contracting with an illegal alien for work under this Contract, (iii) shall
terminate the subcontract if a Subcontractor does not stop employing or contracting with the
illegal alien within 3 days of receiving the notice, and (iv) shall comply with reasonable
requests made in the course of an investigation, undertaken pursuant to §8-17.5-102(5),
C.R.S., by the Colorado Department of Labor and Employment. If Contractor participates in
the Department program, Contractor shall deliver to the contracting State agency, Institution
of Higher Education or political subdivision, a written, notarized affirmation, affirming that
Contractor has examined the legal work status of such employee, and shall comply with all
of the other requirements of the Department program. If Contractor fails to comply with any
requirement of this provision or §§8-17.5-101, et seq., C.R.S., the contracting State agency,
institution of higher education or political subdivision may terminate this Contract for breach
and, if so terminated, Contractor shall be liable for damages.
DD. PUBLIC CONTRACTS WITH NATURAL PERSONS. §§24-76.5-101, et seq.,
C.R.S.
Contractor, if a natural person eighteen (18) years of age or older, hereby swears and affirms
under penalty of perjury that Contractor (i) is a citizen or otherwise lawfully present in the
United States pursuant to federal law, (ii) shall comply with the provisions of §§24-76.5-101,
et seq., C.R.S., and (iii) has produced one form of identification required by §24-76.5-103,
C.R.S. prior to the Effective Date of this Contract.
Page 22 of 22
Exhibit A
STATEMENT OF WORK
I. Responsibilities of the Contractor:
A. Approval. The Contractor shall ensure that the community corrections services are provided
through programs approved by the local community corrections board in their jurisdiction and
operating pursuant to Title 17, Article 27, and Section 18-1.3-301, C.R.S., as amended.
B. Board Types and Responsibilities. The following functions are required to be eligible for
administrative funds as described in section II.A.4:
1) Type 1 boards shall be eligible for up to three percent (3%) of administrative funds upon
demonstration of the following services and functions:
(a) Screen offender referrals for placement in a residential community corrections facility.
(b) Administer contracts with approved service providers
(c) Administer payments to subcontractors
(d) Provide formal education and training to board members
2) Type 2 boards shall be eligible for up to four percent (4%) of administrative funds upon
demonstration of the following services and functions:
(a) All Type 1 board services and functions, AND
(b) In coordination with state and local agencies, monitor community corrections programs
within the jurisdiction of such board with each of the following:
(i) Respond to and investigate complaints, critical incidents, or citizen inquiries
(ii) Enforcing provider corrective action plans to achieve compliance with Standards
(c) Educate and train communities and local officials or criminal justice agencies about
community corrections structure and programming
(d) Provide an annual written report to the State that documents the frequency and
measurements of the above administrative functions
3) Type 3 boards shall be eligible for up to five percent (5%), contingent upon available
appropriations of administrative funds, upon demonstration of the following services and
functions:
(a) All Type 1 board services and functions, AND
(b) All Type 2 board services and functions, AND
(c) In coordination with state and local agencies, monitor community corrections programs
within the jurisdiction of such board with each of the following:
(i) Oversee compliance with federal, state and local standards
(ii) Provide written reports of program compliance with the Colorado Community
Corrections Standards using a state -approved audit process
(d) Collaborate with the state agencies to improve and advance community corrections
programming
1
(e) Provide an annual written report to the State that documents the frequency and
measurements of the above administrative functions
C. Reports. The Contractor, and its subcontractors, shall provide timely, prompt, and accurate
reports as are or may be required by the State, Colorado Department of Corrections or State
Judicial Branch during the period of the Contract, which include but are not limited to statistical
reports, caseload data, required entries into the Community Corrections Information and Billing
computer system, Survey Questionnaires and other records documenting the types of services
provided and the identity of the individual offenders receiving such services. Computerized
termination forms and related offender data must be completed by program staff, as prescribed by
the State, for each offender served, and shall be completed in accordance with the requirements of
the State.
D. Method of Billing. The Contractor shall bill the State for services provided in such form and in
such manner as the State may require.
1) The billing period shall be the first day of each month to the last day of each month.
2) The contractor shall submit bills to the State no later than the 15th day of the month following
the end of the billing period or as required in Section I - J(4).
3) Billing shall be submitted through the Community Corrections Information and Billing
system and/or, at the sole discretion of the State, on a Community Corrections Billing form
provided to the Contractor by the State for that purpose. The State reserves the right to
modify billing procedures.
4) The Contractor shall send the Colorado Community Corrections Month -End Expenditure
Form, sample form attached hereto and incorporated by reference as Exhibit "D", within
thirty (30) days of the end of each month.
5) The Contractor shall report the total billable program costs to the State within five (5) days
after the end of the fiscal year. The State may require the Contractor to provide an estimate
of final year-end expenditures any time within sixty (60) days prior to the end of the fiscal
year.
6) The Contractor agrees to attempt to use funds on an approximately equal quarterly basis,
unless authorized by the State. If actual quarterly expenditures are less than the quarterly
advance by more than twenty percent (20%), subsequent quarterly payments may be reduced
accordingly.
E. Subcontract.
2
1) The Contractor may subcontract for community corrections services with any private agency
or unit of local government for the purpose of rendering services to offenders, provided,
however, that any subcontractors shall comply with the terms and provisions of this contract
and all applicable sections of Title 17, Article 27, and Section 18-1.3-301, C.R.S., as
amended. The Contractor shall include all requirements of this Contract in all subcontracts
with programs.
2) Copies of all subcontracts shall be provided to the State within ninety (90) days following the
beginning of the fiscal year or within ninety (90) days following the addition or replacement
of a new subcontractor. No payment shall be authorized unless the appropriate subcontract
has been executed and the services specified in the approved subcontract have actually been
provided.
3) All subcontractor responsibilities shall be the responsibility of the Contractor if the State is
contracting directly with a community corrections program that provides services and
supervision for offenders.
4) Standards. The Contractor shall ensure that its subcontractors meet, maintain and comply
with all applicable guidelines or standards as provided in Title 17, Article 27, and Section 18-
1.3-301, C.R.S., as amended, and the "Colorado Community Corrections Standards", as
revised or amended, attached, marked as Exhibit "E" and incorporated herein by reference.
Non-compliance with Standards may result in:
(a) Reduction of services via an executed Option Letter.
(b) Implementation of a corrective action plan. The State may require Contractor to require
the subcontractor to develop a Corrective Action Plan using the services of a professional
consultant with subject matter expertise in Colorado community corrections. The
consultant must be approved by the State. The consultant services shall be at the expense
of the subcontractor;
(c) Implementation of an increased staffing pattern that ensures adequate offender
supervision and provision of Services;
(d) Cessation of offender placements in the program;
(e) Execution of a competitive bid process, coordinated with the local community corrections
board, to consider alternate program providers;
(f) Termination of this Contract for breach;
5) Conformance with Law: The Contractor and its subcontractor(s) shall at all times during,the
term of this contract adhere to all applicable federal laws, state laws, local laws, health,
3
safety, fire, building, and zoning requirements as they currently exist and may hereafter be
amended. Without limitation, these laws and regulations include:
(a) Victim Rights Act. The Contractor shall ensure that its subcontractors comply with
Section 24-4.1-302.5, Section 24-4.1-303 and Section 24-4.1-304 C.R.S., as amended,
commonly known as the Victim Rights Act and enabling legislation.
(b) Americans with Disabilities Act. The Contractor shall ensure that its subcontractors
comply with all applicable titles of the Americans with Disabilities Act (Public Law
101.336) and submit documentation as required by the State to demonstrate compliance
with this Act. The contractor shall assure that subcontractors demonstrate compliance by
ensuring that reentry services are both architecturally and programmatically accessible
(c) Prison Rape Elimination Act. The contractor shall ensure that its subcontractors comply
with community confinement standards of the Prison Rape Elimination Act (United
States Department of Justice - DOJ 28 CFR Part 115).
6) Client Files. The Contractor shall ensure that it and its subcontractors maintain individual
files for each offender participating in their program as required by DOC/SJB. The
individual files shall be maintained in a secure area, in a locked file cabinet or safe. Such
files and criminal history records shall be maintained and disseminated pursuant to federal
and state regulations.
7) Fugitive Reporting System. Pursuant to Section 17-27-104(11), C.R.S., the Contractor shall
ensure that any probable escape of any offender funded pursuant to this Contract is reported
by program staff providing services through this Contract in the manner prescribed by the
State.
8) Supervision of Offenders. The Contractor shall ensure that its subcontractors provide 24 -
hours -a -day, seven -days -a -week staff supervision of the offenders assigned to the residential
facility as specified in the "Colorado Community Corrections Standards".
9) Reimbursement by Client.
(a) Subsistence - The Contractor shall ensure that its subcontractors know that they may
charge each offender participating in a community corrections program the reasonable
costs of the services not covered by State payments, pursuant to the annual legislative
appropriation. The charges may be, but are not required to be, collected on an ability -to -
pay basis. Each offender shall be issued receipts for fees collected. Offenders shall not
be charged subsistence while in jail or in the hospital.
(b) Additional Program Fees - Any fees assessed to offenders in excess of the amounts listed
in the legislative appropriation for subsistence must be approved in advance by the State
and the local community corrections board. This excludes voluntary and incidental
4
expenditures by offenders that do not constitute fees that are universally assessed to all
offenders.
10) Absence Due to Arrest. The Contractor shall ensure that its subcontractors notify DOC/SJB
immediately if they know an offender has been arrested and/or is in the custody of federal,
state or local authorities. The State shall compensate the Contractor at full rate for the day
the offender is arrested, and at fifty percent (50%) of the regular per diem rate for up to seven
(7) days for maintaining the availability of a bed during the offender's absence.
11) Unauthorized Absence. The Contractor shall ensure that when an offender is discovered to
be absent from an approved location or activity without authorization, the subcontractor shall
keep the offender's bed available for a period not to exceed one (1) day during the offender's
unauthorized absence if DOC/SJB notifies the subcontractor that it does desire to have the
bed kept available. The State shall compensate the Contractor at full rate only on the day the
offender escapes.
12) Access to Medical Services. Policy and procedures of the subcontractor shall specifically
prohibit any restriction or constraint of offenders' movements or efforts to attend to their
legitimate medical or dental needs. If a medical emergency occurs, the Contractor shall
ensure that its subcontractors immediately notify the referring agency. The State shall
compensate the Contractor at the full rate of the day an offender is placed in a hospital, and at
fifty percent (50%) of the regular per diem rate for up to seven (7) days for holding a bed
available during the hospitalization of an offender, unless the referral agency notifies the
subcontractor otherwise.
13) Emergency Disaster Management Plan (EDMP). The Contractor shall develop and maintain,
with its subcontractor(s), an Emergency Disaster Management Plan that provides a
contingency response in the event of a disaster or other emergency for all residential and non-
residential offenders under the supervision of the subcontractor(s). The EDMP plan shall
include a specific plan for registered sex offenders that is consistent with conditions of sex
offender supervision and registration requirements. The EDMP shall provide a plan for
transportation, housing, and supervision of offenders in the event of fire, flood, weather
event, mandatory evacuation or other man-made or natural disaster.
14) Notification of Ownership Changes (Governmental Entities Exempt).
(a) The Contractor shall ensure that its subcontractors notify the State in writing within thirty
(30) days after becoming aware that a change in its ownership has occurred, or is certain
to occur. The Contractor shall also ensure that its subcontractors notify the State in
writing within thirty (30) days whenever changes to asset valuations or any other cost
changes have occurred, or are certain to occur, as a result of a change in ownership.
(b) The Contractor shall ensure that its subcontractors:
5
(i) Provide the Contractor with a transition/continuity plan regarding supervision of
clients, transfer of client records and staffing plan;
(ii) Maintain current, accurate and complete inventory records of assets and their costs;
(iii) Provide the State or designated representative ready access to the records upon
request;
(iv) Ensure that all individual and grouped assets, their capitalized values, accumulated
depreciation or amortization, and remaining useful lives are identified accurately
before and after each of the subcontractor's ownership changes; and
(v) Retain and continue to maintain depreciation and amortization schedules based on the
asset records maintained before each subcontractor ownership change.
(c) The Contractor shall include the substance of this clause in all subcontracts under this
contract that meet the applicability requirements of the State.
15) Additional Services. The Contractor shall ensure that its subcontractors obtain prior written
approval from the State before providing any billable services or evaluations that would
exceed the Contract Maximum Amount listed on the Cover Page of this Contract. If services
are performed by the Contractor that exceeds the Contract Maximum Amount on the Cover
Page or any subsequently issued Option Letter, the State shall not be liable for
reimbursement. Should additional funding become available, the State may, at its discretion,
choose to authorize more services by Option Reallocation Letter.
II. Responsibilities of the State:
A. Payment for Services.
1) The State agrees to advance funds on a quarterly basis to the Contractor in accordance with
the schedule in Exhibit "B" subject to compliance with the provision of the contract.
2) During the term of the Contract, upon receipt of proper billings from the Contractor as
provided in section 18 paragraph J. herein, payment shall be offset against advances up to a
maximum total payment as specified in Exhibit "B".
3) Reimbursement will not be allowed for the first day of an offender's participation in a
program, but shall be allowed for the last day of an offender's participation. The day an
offender transfers from Residential to Non -Residential status, reimbursement will be made at
the residential daily rate, but shall not be made for non-residential expenses. The day an
offender transfers from Non -Residential to Residential status, reimbursement will be made
for Non -Residential expenses, but shall not be made for the residential daily rate.
6
(a) Contractors shall keep financial records documenting the receipt and expenditure of all
administrative funds and maintain these records for a period of three (3) years following
the contract period.
(b) Semi-annual reports summarizing each quarter's administrative expenditures within each
option category shall be provided to the State no later than January 31 and July 30 of
each year. The contractor shall submit additional expenditure reports if requested by the
State. The Contractor shall use the Colorado Community Corrections Quarterly
Administrative Expenditures Summary form, attached hereto and incorporated by
reference as Exhibit "G".
(c) The Contractor or employees of the Contractor who have responsibility for receipt and/or
disbursement of money under this contract shall be bonded or insured to the value of the
total allocation in Exhibit "B". Documentation of such bonding or insurance shall be
forwarded to the State prior to the disbursement of contract funds.
4) The Contractor shall use no more than three percent (3%) of their total residential diversion
allocation for condition of probation clients. This may be waived or modified, all or in part,
by the State upon request by the Contractor.
5) The Contractor may request funds to supplement the allocations of this contract, under
circumstances defined by the Office of State Planning and Budgeting. All requests for
supplemental funds are subject to review by the executive and legislative branches of the
State and are subject to the provisions of the Reallocation Letter.
6) Reimbursement may be allowed for any additional programmatic funding approved by the
Legislature.
B. Payment for Travel. The State shall reimburse the Contractor for travel at the rate allowed by
State Fiscal Rules, when such travel is requested by DOC or approved by the State for the
purpose of transporting offenders. The Contractor agrees that all travel to DOC correctional
facilities shall be coordinated by DOC prior to the Contractor being reimbursed. The Contractor
shall provide the State with monthly travel reports setting forth the date of travel, mileage,
destination and offenders transported. Reimbursement for mileage shall be made from the
residential transition allocation listed in Exhibit "B." Payment shall be made by the trip, not for
each individual offender.
C. Payment for Leave of Absence. The State shall pay for the following leaves of absence at the full
per diem rate, when authorized and approved by DOC or SJB:
1) "Pass or furlough" based on a privilege to leave the facility to an approved location for up to
forty-eight (48) hours.
7
2) "Off -grounds leave" for the purpose of which is to conduct a hearing or assessment
regarding the continuation of the offender in community corrections, for a maximum
allowable period of three (3) days.
3) "Emergency leave" caused by and limited to a serious life -threatening incident in the
offender's immediate family, subject to a maximum period of seven (7) days, to be
reimbursed at fifty percent (50%) of the regular per diem rate.
D. Noncompliance. The State agrees to allow the Contractor thirty (30) days within which they may
correct or justify identified issues, following a notice of non-compliance, unless there is an
immediate risk to public safety pursuant to section 11 of the contract. If the identified issues are
unresolved within the thirty (30) day period, action may be taken under any applicable provisions
of this Contract.
1) Notwithstanding any other provision of this contract, the State may on an emergent basis and
after appropriate inquiry designate any program or provider receiving funds pursuant to this
contract as ineligible to continue to receive such funds when it is demonstrated either:
(a) that the current operation of the program or provider constitutes an imminent and
significant threat to public safety; OR
(b) that the program or provider has demonstrated neglect, reckless disregard, or inability to
sustain compliance with the Colorado Community Corrections Standards.
2) Designation of ineligibility to continue to receive funds pursuant to section 9) above shall be
made with the written concurrence of the Executive Director of the Department of
Corrections, the Executive Director of the Department of Public Safety and the State Court
Administrator, or their designees.
3) The designation of ineligibility to receive funds shall continue until the State finds that the
imminent and significant threat to public safety has been abated and is not likely to recur.
4) The designation of ineligibility to receive funds shall not prohibit payment for services
already rendered.
8
OPTION ALLOCATION LETTER
EXHIBIT B
CT #
Date:
Original Contract CMS #:
Allocation Letter #
CMS Routing #
TO:
In accordance with Section 7.A of the Original Contract between the State of Colorado, Division
of Criminal Justice, Community Corrections, and July 1, 20_ and ending on
June 30, 20_, the undersigned commits the following funds to the Grant:
1. Payment for the period July 1, 20 through June 30, 20 , will be made as earned,
in whole or in part, from available State funds encumbered in an amount not to exceed
to be allocated as follows :
for Residential services for community corrections offenders,
payable at a daily community rate of $43.11 per offender; and,
for Residential Condition of Probation IRT services for community
corrections offenders, payable at a daily community corrections
rate of $43.11 per offender; and,
for Non -Residential Diversion services for offenders not to exceed
an average of $6.28 per day per offender; and,
for Treatment Support
for Facility Payments to be disbursed as outlined in
Statewide Facility Payment Policy for FY19 and,
for Community Corrections Board Administration by the
Contractor,
2. Financial obligations of the State of Colorado payable after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted and otherwise
made available.
3. Funds allocated in this Allocation Letter are for services rendered during the current
contract period and cannot be used to pay for community corrections services provided
in prior or future fiscal years.
4. Any unexpended funds allocated or advanced to the Contractor by the Allocation Letter
shall be reverted to the State no later than August 31, 20_
Page 1
Effective Date: 1/6/09 -Rev 5/4/10
This Allocation Letter does not constitute an order for services under this Grant.
The effective date of hereof is upon approval of the State Controller or July 1, 2018, whichever
is later.
STATE OF COLORADO
Jared S. Polis, GOVERNOR
Colorado Department of Public Safety
Stan Hilkey Executive Director
By: Joe Thome, Director
Date:
ALL GRANTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State Grants. This Grant is not valid until signed and
dated below by the State Controller or delegate. Grantee is not authorized to begin performance until such time. If
Grantee begins performing prior thereto, the State of Colorado is not obligated to pay Grantee for such performance
or for any goods and/or services provided hereunder.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By:
Colorado Department of Public Safety
Date:
Effective Date: 1/6/09 -Rev 5/4/10
REALLOCATION OPTION FUNDING LETTER
EXHIBIT C
Date:
Original Contract
CMS #:
Grant Funding Change
Letter # 1
CMS Routing #
TO:
In accordance with Section 7 of the Original Contract between the State of Colorado, Division of Criminal
Justice, Community Corrections, and beginning , 2019 and ending on
June 30, 20 , the undersigned commits the following funds to the Grant:
The amount of grant funds available and specified in Section 7.A are increased/decreased by
$ to a new total funds available of $ for the following reason: Negative
Supplemental Request. Section 7.A is hereby modified accordingly.
This Grant Funding Letter does not constitute an order for services under this Grant.
The effective date of hereof is upon approval of the State Controller or January 25, 2015, whichever is
later.
STATE OF COLORADO
JOHN W. HICKENLOOPER, GOVERNOR
Stan Hilkey, Executive Director
Colorado Department of Public Safety
By: Joe Thome, Director
Division of Criminal Justice
Date:
ALL GRANTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State Grants. This Grant is not valid until signed and dated below by
the State Controller or delegate. Grantee is not authorized to begin performance until such time. If Grantee begins performing
prior thereto, the State of Colorado is not obligated to pay Grantee for such performance or for any goods and/or services
provided hereunder.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By:
Department of Public Safety
Date:
Page 1 of 1
Effective Date: 1/6/09 -Rev 5/4/10
--/(k(\ot-t D
RESOLUTION
RE: APPROVE AGREEMENT FOR PROVISION OF COMMUNITY CORRECTIONS
SERVICES AND AUTHORIZE CHAIR TO SIGN - INTERVENTION, INC.
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 Provision of
Community Corrections Services 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 Intervention, Inc., commencing July 1, 2014, and ending June 30, 2015,
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 Provision of Community Corrections Services 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 Intervention, Inc.
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 25th day of June, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTES sti ►- ;ok
Weld County Clerk to the Board
ty Attomey EXCUSED
Date of signature: 7-/ 7
William F. Garcia
C -c; 3sCt)
2014-1916
JS0005
A
Memorandum
To: Board of County Commissioners
From: Doug Erler, Director
Re:
Justice Services Division
915 10th Street, 8334
P.O. Box 758
Greeley, CO 80632
Phone: (970) 336-7227
Fax: (970) 392-4677
Consider Renewal of Lease Agreement and Agreement for the Provision of
Community Corrections Services with Intervention Community Corrections
Services (ICCS) and authorize Chair to sign
Date: June 25, 2014
For your review and approval is the renewal of the Lease Agreement and Agreement for the
Provision of Community Corrections Services with our vendor ICCS. I worked with County
Attorney, Bruce Barker and Trevor Jiricek and they are in agreement with these final versions
now before you. The Lease Agreement denotes a slight increase in the lease amount to reflect
energy costs and the Agreement for the Provision of Community Corrections Services outlines
the new allocation rates from the State, which remain stable. The majority of these funds are
passed through to our vendor with a percentage remaining with Weld County for overall
administration and oversight. There is no local matching requirement.
Both of these agreements would go into effect on July 1, 2014 through June 30, 2015. They are
now before you for your final review and approval.
Thank you.
2014-1916
AGREEMENT FOR THE PROVISION OF COMMUNITY CORRECTIONS SERVICES
THIS AGREEMENT, effective this 2-') day of JUNE, 2014 by and between the Board of
Commissioners of Weld County ("the Board"), PO Box 758, Greeley CO 80632 on behalf of the Weld
County Community Corrections Board, ("Community Corrections Board") and Intervention Incorporated
(d.b.a. Intervention Community Corrections Services "ICCS"), 1333 West 120th Avenue, Suite 101,
Westminster, Colorado 80234 hereinafter referred to as "the Contractor."
1. WHEREAS, authority exists in the law and funds for the current fiscal year have been budgeted,
appropriated and otherwise made available and a sufficient uncommitted balance thereof remains
available for encumbering and subsequent payment of this agreement; and
2. WHEREAS, required approval, clearance and coordination has been accomplished from and with
appropriate agencies; and
3. WHEREAS, the Board has an ongoing contract with the Colorado Department of Public Safety,
Division of Criminal Justice, to provide community corrections services pursuant to Title 17, Article
27, and Section 18-1.3-301, C.R.S., as amended, and desires to enter into an agreement with
Intervention Incorporated, for the provision of such services.
NOW THEREFORE, subject to the terms, conditions, provisions and limitations contained in this
Agreement, the Board and the Contractor agree as follows:
I. STATEMENT OF WORK
1. Responsibilities of the Contractor:
A. Approval. The Contractor shall be approved by the local community corrections
board in their jurisdiction and operate pursuant to Title 17, Article 27, and Section
18-1.3-301, C.R.S., as amended.
B. Description of Services. The Contractor shall provide residential, non residential
and certain vocational and rehabilitative services to 1) offenders referred by the
Department of Corrections (DOC), 2) offenders referred by the State Judicial Branch
(SJB), 3) offenders referred by the State Board of Parole, or 4) offenders referred by
SJB pursuant to Section 19-2-907, Section 19-2-907(1)(b), Section 19-2-908, and
Section 19-2-910, CRS., as amended, or as otherwise approved by the Community
Corrections Board and the Board.
C. Standards. The Contractor shall meet, maintain, and comply with all applicable
guidelines or standards as provided in Title 17, Article 27, and Section 18-1.3-301,
CRS, as amended, and the "Colorado Community Corrections Standards, "as
revised or amended by the Colorado Department of Public Safety. Non-compliance
and/or willful disregard with applicable guidelines or standards may result in
reduction of compensation rates as specified in Paragraph 2.A.2., herein; cessation
of offender placements in the program; implementation of a corrective action plan
with a professional consultant as approved by the Contractor and the Community
Corrections Board and the State, with all costs borne on the Contractor;
implementation of an increased staffing pattern by the Contractor to ensure
1
adequate offender care and supervision; implementation of a competitive bid
process to consider alternative program providers; or termination of the Agreement.
D. State and Local Regulations. The Contractor shall comply with all state, county and
local health, safety, fire, building and zoning requirements.
E. Victim Rights Act. The Contractor shall comply with Section 24-4.1-302.5, Section
24-4.1-303 and Section 24-4.1-304 C.R.S., as amended, commonly known as the
Victim Rights Act and enabling legislation.
F. Immigration Reform Control Act. The Contractor shall comply with all federal and
state laws, including the Immigration Reform Control Act in all hiring practices.
G. Americans with Disabilities Act. The Contractor shall comply with all applicable titles
of the Americans with Disabilities Act (Public Law 101.336) and submit
documentation as required by the State or the County to demonstrate compliance
with this Act.
H. Client Files. The Contractor shall maintain individual electronic and hard files for
each offender participating in the Contractor's program as required by the
DOC/SJB/Parole Board or as otherwise specified by the Community Corrections
Board or the Board. Such files and criminal history records shall be maintained and
disseminated pursuant to federal and state regulations.
Reports. The Contractor shall provide timely, prompt, and accurate reports as are
or may be required by the State, DOC, SJB, or the Community Corrections Board
during the period of the Agreement, which include but are not limited to statistical
reports, caseload data, required entries into the Community Corrections Information
and Billing ("CCIB") computer system, survey questionnaires and other records.
documenting the types of services provided and the identity of the individual
offenders receiving such services. Computerized termination forms and related
offender data must be completed by the Contractor's program staff, as prescribed
by the State, for each offender served, and shall be completed with the
requirements of the State and the Community Corrections Board.
J. Fugitive Reporting System. Pursuant to Section 17-27-104 (11), C.R.S., the
Contractor shall report any probable escape of any offender funded pursuant to this
Agreement in effect at the time of the escape. Program staff shall also provide the
State information about any offender who escapes from its supervision. The
Contractor shall provide to the Community Corrections Board with monthly escape
reports of all offenders reported as escapees, whether Diversion or Transition
offenders or as otherwise specified by the Community Corrections Board..
K. Supervision of Offenders. The Contractor shall provide 24 -hour -a -day, seven -day -
a -week staff supervision of the offenders assigned to the residential facility as
specified in the "Colorado Community Corrections Standards." Further, Contractor
shall provide non-residential supervision of those applicable offenders referred by
the SBJ and in accordance with the "Colorado Community Corrections Standards."
L. Method of Billing. The Contractor shall bill the State for services provided on such
forms and in such manner as the State may require. In order for the billing to be
approved and accepted by the Community Corrections Board, the signature of the
appropriate probation/parole liaison or board representative, confirming the
accuracy of the billing is required. Billing shall be submitted through CCIB and/or at
the sole discretion of the State, on a Community Corrections Billing electronic form
provided to the Contractor by the State for that purpose. The State reserves the
right to modify billing procedures.
M. Additional Services. The Contractor shall obtain prior written approval from the
State and the Community Corrections Board and the Board before providing any
additional billable services or evaluations not provided for by the terms and
conditions of this Agreement. If services are billed by the Contractor that exceed the
maximum total payments as described in Paragraph 2.A.2., herein, neither the
State, Weld County nor the Community Corrections Board is liable for
reimbursement. Should additional funding become available, the State, Weld
County, its Community Corrections Board may, at its own option, choose to
reimburse beyond the amount specified in Paragraph 2.A.2., herein.
N. Reimbursement by Client. The Contractor shall charge each offender participating
in the community corrections program the reasonable costs of the services not
covered by State payments. The charges may be collected on an ability to pay
basis. Each offender shall be issued receipts for fees collected on a monthly basis
or as otherwise requested.
Any charges to offenders in excess of the amounts listed in the legislative
appropriation must be approved in advance by the State and the Community
Corrections Board. The Contractor must provide a description of such additional
fees, including rates, services or products purchased, and program policies and
procedures related to collecting and record keeping to the State, the Community
Corrections Board, and the referring agency.
O. Absence Due to Arrest. The Contractor shall notify the DOC/SJB/Parole Office
immediately if they know an offender has been arrested and/or is in the custody of,
federal, state, or local law enforcement authorities. The Community Corrections
Board shall compensate the Contractor at full rate for the day the offender is
arrested, and at 50% of the regular per diem rate for up to seven (7) days for
maintaining the availability of a position in the program during the offender's
absence.
P. Unauthorized Absence. The Contractor shall notify the DOC or SJB, through the
appropriate probation/parole liaison, within two (2) hours after an offender is
discovered to be absent from an approved location or activity without authorization.
The Contractor shall keep the offender's position in the program available for a
period not to exceed one (1) day during the offender's unauthorized absence if the
DOC/SJB notifies the Contractor that it does desire to have said position kept
available. The Community Corrections Board shall compensate the Contractor at
the full rate the day the offender escapes.
Q. Insurance.
1. The Contractor shall obtain and maintain in full force and effect at all times
during the term of this Agreement, insurance in the following kinds and
amounts:
a. Standard Worker's Compensation and Employer
Liability as required by State statute, including
occupational disease, covering all employees on or off
the work site, acting within the course and scope of their
employment.
b. General, Personal Injury, and Automobile Liability
(including bodily injury, personal injury, and property
damage) minimum coverage:
1) Combined single limit of $600,000 if
written on occurrence basis.
2) Any aggregate limit will not be less than $1,000,000.
3) Combined single limit of $600,000 for
policies written on a claims -made basis.
The policy shall include an endorsement,
certificate, or other written evidence that
coverage extends two (2) years beyond
the performance period of this
Agreement.
4) If any aggregate limits are reduced below
$600,000 because of claims -made or
paid during the required policy period, the
Contractor shall immediately obtain
additional insurance to restore the full
aggregate limit and furnish a certificate or
other document showing compliance with
this provision.
2. The Community Corrections Board, the Board of County
Commissioners of Weld County and its employees, and State
of Colorado shall be named as additionally insured parties
under all the Contractor's liability coverage policies.
3. The insurance shall include provisions preventing cancellation within sixty
(60) days prior notice to the State and to the Board by certified mail.
4. The Contractor shall provide a certificate showing adequate insurance
coverage to the Board and the State on July 1 each year, whenever
insurance coverage changes in any manner and/or upon request of the State
or the Board, unless otherwise provided.
5. If the Contractor is a "public entity" within the meaning of the Colorado
Governmental Immunity Act, C.R.S. 24-10-101 et seq., as amended ("Act"),
the Contractor shall at all times during the term of this Agreement maintain
such liability insurance, by commercial policy or self-insurance, as is
necessary to meet its liabilities under the Act. Upon request by the State or
the Board, the Contractor shall show proof of such insurance.
R. Access to Medical Services. Policy and procedures of the Contractor shall
specifically prohibit any restriction or constraint of offenders' movement or efforts to
attend to their legitimate medical or dental needs. If a medical emergency occurs,
the Contractor shall immediately notify the referring agency (DOC, Parole Officer or
SJB). The Community Corrections Board shall compensate the Contractor at the
full rate the day an offender is placed in a hospital, and at 50% of the regular per
diem rate for up to seven (7) days for holding a bed available during the
hospitalization of an offender, unless the referral agency notifies the Contractor
otherwise.
S. Review and Inspection. The Contractor shall allow the State, the Board, the
Community Corrections Board, DOC, SJB, or Health Department employees to
inspect, with or without notice, the facilities, fiscal and program files, other records,
and services provided to determine compliance with this Agreement.
T Record Retention. The Contractor shall retain all books, records, and other
documents of any part pertaining to this Agreement for seven (7) years after final
payment, and allow any person duly authorized in writing by the State, the Board or
the Community Corrections Board to have full access to and a right to examine and
copy any of the above materials during such period.
U. Information Provided. The Contractor shall provide information upon request of the
appropriate DOC/SJB officers or the Board and/or the Community Corrections
Board regarding the activities and adjustment of offenders assigned to their
program. The Contractor shall collect, maintain and make available to the
DOC/SJB/Parole Board or the Board and/or the Community Corrections Board
ongoing data regarding employment, monitored sobriety, psychological problems
and treatment, vocational or educational needs and services, re -arrest or other
criminal activity, and court -imposed fines and restitution of offenders under
supervision by the Contractor. The Contractor shall make timely entries of such data
into the CCIB computer system, as the State may require.
V Financial Audit. The Contractor shall provide to the State an independent fiscal
audit report, which addresses the agency's fiscal year(s) relevant to the Agreement
period. Such materials shall be provided to the State as directed or unless a
different schedule is established in writing by mutual agreement of the parties.
These requirements may be waived all or in part, by the State, in accordance with
established standards.
W. Notification of Ownership Changes.
1. The Contractor shall notify the Board, Community Corrections Board and the
State in writing within thirty (30) days after becoming aware that a change in
its ownership has occurred, or is certain to occur, that could result in changes
to services outlined in this Agreement. The Contractor shall also notify the
Board and the State in writing within thirty (30) days whenever changes to
asset valuations or any other cost changes have occurred, or are certain to
occur, as a result of a change in ownership.
2. The Contractor shall:
a) Maintain current, accurate and complete inventory records of assets
and their costs;
b) Provide the Board, the Community Corrections Board or State or
designated representative ready access to the records upon request;
Ensure that all individual and grouped assets, their capitalized values,
accumulated depreciation or amortization, and remaining useful lives
are identified accurately before and after each of the Contractor's
ownership changes; and
d) Retain and continue to maintain depreciation and amortization
schedules based on the asset records maintained before each
subcontractor ownership change.
X. Matters Regarding Facilities.
1. The Board and Contractor acknowledge that it shall be a condition of this
Agreement that the Contractor will fully comply with the Lease Agreement
between the Board and the Contractor to operate its program at the Weld
County Community Corrections Facility at 1101 H Street, Greeley, CO
80631 fora period of July 1, 2014 and ending June 30, 2015.
2. Contractor agrees to be bound to the terms of said Lease Agreement and
acknowledges that any violation of the lease provisions, which results in the
Board's termination of the Lease Agreement, may be grounds for the
termination of this Agreement.
3. Contractor acknowledges that a new Lease Agreement may be executed
with the Board upon or before June 30, 2014.
2. Responsibilities of the State:
A. Payment of Services.
1) The Board shall compensate the Contractor in accordance with
the schedule in Paragraph 2.A.2., herein subject to compliance
with the provisions of the Agreement.
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2) During the period of the Agreement, upon receipt of proper
billing from the Contractor, as provided in paragraph 1.L.
herein, payment shall be made in an amount of:
A daily rate of $41.34 per offender, for residential diversion direct sentence
placements.
A daily rate of no more than $6.03 per offender, for diversion non-residential
placements.
A daily rate of $41.34 per offender, for residential condition of probation
placements.
A daily rate of $41.34 per offender for residential transition placements.
A daily rate of $41.34 per offender for residential condition of parole
placements.
Up to $130,000 for Treatment Support Services.
Up to $95,064.25 for Facility Payments to be disbursed as outlined in
Statewide Facility Payments Policy for SFY 15.
(In an effort to advance the Colorado General Assembly's intent to increase
program case manager and security staff compensation and to reduce
and/or maintain a ratio of at least one (1) case manager for every twenty (20)
residential community corrections clients, the Contractor shall submit a
written plan to the Community Corrections Board and the State specifying
how the Contractor will utilize the Facility Payment allocation to 1) increase
case management staff to ensure a ratio of at least one (1) case manager for
every twenty (20 residential clients; 2) raise the average pay and benefits of
security staff by at least ten (10%) percent; and 3) raise the average pay and
benefits of case managers by at least ten (10%) percent. The Contractor
may request, in writing, that the Community Corrections Board and the State
grant an exemption from the requirement to increase the average pay and
benefits for security staff by at least ten (10%) percent if the sum of the
average pay and benefits of security staff already exceeds $33,000 annually.
The Contractor may also request, in writing, that the Community Corrections
Board and the State grant an exemption from the requirement to increase
the average pay and benefits for case management staff by at least ten
(10%) percent if the sum of the average pay and benefits of case
management staff already exceeds $38,500 annually. The Contractor is
encouraged to exceed these requirements. Any request for an exemption
from any of these requirements must include a written plan that specifies the
Contractor's intended use of these funds. The Contractor's proposed use of
these funds should focus on initiatives such as reaching and maintaining
compliance with the Prison Rape Elimination Act (PREA); and implementing
evidence based policy and practices to fidelity that focus on reducing
offender risk and recidivism as set forth by the National institute of
Corrections' (NtC) Eight Guiding Principles for Risk and Recidivism
Reduction. The Contractor may utilize these funds for other purposes that
benefit the quality of the program with prior written approval of the
Community Corrections Board and the State.
The Contractor's written plan shall be submitted to the Community
Corrections Board for initial review by no later than July 22, 2014 and then to
the State by no later than August 27, 2014. If the plan is deemed acceptable,
the Community Corrections Board shall direct a method to the Contractor to
request payment(s) and in accordance with the normal dispersal of funds by
the State to Weld County. Facility payment to the Contractor may be withheld
in whole or in part by the Board through its Community Corrections Board if
the Contractor does not comply with all or part of this provision).
3) Reimbursement will not be allowed for the first day of an
offender's participation in the program, but shall be allowed for
the last day of an offender's participation. The day an offender
transfers from Residential to Non -Residential supervision
status, reimbursement will be made at the residential daily
rate, but shall not be made for Non -Residential expenses. The
day an offender transfers from Non -Residential to Residential
supervision status, reimbursement will be made for Non -
Residential expenses, but shall not be made for the
Residential daily rate.
4) The Contractor shall use no more than three percent (3%) of
the total daily rate allocation for condition of probation client
placements. These placements are intended for placement in
the Contractor's Intensive Residential Treatment (IRT)
program, unless otherwise approved by the Community
Corrections Board and the State.
5) Reimbursement may be allowed for any additional
programmatic funding approved by the Legislature.
6) The Board may transfer up to 10% of funds between the
Transition/Parole/Condition of Probation and Diversion line
items only and as listed in Section 2.A.2 above to ensure full
utilization of funds with the Contractor during any term of this
Agreement, and as approved by the Board and the State.
B. Payment for Travel. The Board shall reimburse the Contractor at the rate allowed
by State Fiscal Rules, when such travel is requested by the DOC or approved by the
State for the purpose of transporting offenders. The Contractor agrees that any and
all travel to DOC correctional facilities shall be coordinated by DOC prior to the
Contractor being reimbursed. The Contractor shall provide the Board with travel
reports setting forth the date of travel, mileage, destination and offenders
transported. Reimbursement for mileage shall be made from Residential Transition
Allocations as listed in Section 2.A.2 above. Payment shall be made by the trip, not
for each individual offender.
C. Payments for Leave(s) of Absence. The Board shall pay the Contractor for the
following leaves of absence of offenders at the full per diem rate, when authorized
and approved by the DOC/Parole Board or SJB:
1) "Pass or Furlough" based on a privilege to leave the facility to
an approved location for up to forty-eight (48) hours.
2) "Off -grounds leave" for the purpose of conducting a hearing or
assessment regarding the continuation of the offender in the
community corrections program, for a maximum allowable
period of three (3) days.
3) "Emergency Leave" caused by and limited to a serious
life -threatening incident in the offender's immediate family,
subject to a maximum period of seven (7) days, to be
reimbursed at 50% of the regular per diem rate.
D. Noncompliance. The Community Corrections Board and the Board agrees to allow
the Contractor thirty (30) days within which they may correct or justify identified
issues, following a notice of noncompliance, unless there is an immediate risk to
public safety. If the identified issues are unresolved within the thirty (30) day period,
action may be taken to withhold payment to the Contractor until those identified
issues are satisfactorily completed; deny payment for those services or obligations
which may not have been performed by the Contractor and which, due to
circumstances caused by the Contractor, cannot be performed, or if performed are
of no value to the Board, the Community Corrections Board or the State. Denial of
the amount of payment to the Contractor shall be reasonably related to the value of
work or performance lost to the Board, the Community Corrections Board or the
State.
The Contractor shall not be classified at Risk Factor Analysis (RFA) Level 1 status
for more than two (2) consecutive years. The RFA is a tool used and conducted by
the Division of Criminal Justice, Office of Community Corrections to evaluate a
program in the areas of offender supervision and in the overall organizational
control of the program and agency.
The Contractor shall not place offenders under its legal control and supervision, its
employees, the Board, the Community Corrections Board, Weld County employees,
officials, or subcontractors or any and all persons doing business with the
Contractor, in imminent risk or peril to public safety.
E. Limitation of Payments and Liabilities. The Board assumes no liability for any
deficiency that the Contractor may incur either in the operation of its program or for
any debts or expenditures incurred by the Contractor for ensuing fiscal years when
funds for that purpose have not been appropriated or budgeted.
II. GENERAL PROVISIONS:
1. Performance Period. The Agreement shall be effective on July 1, 2013, and extend
through June 30, 2014, contingent upon availability or funds.
2. Assignment. The rights and duties arising under this Agreement shall not be assigned or
delegated without the prior written consent of the Board and the Community Corrections
Board.
3. Breach. A breach of this Agreement shall not be deemed to be a waiver of any
subsequent breach or default of the Agreement.
4. Third Party Beneficiary & Conflict of Interest. 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 Board and the Contractor.
Nothing contained in this Agreement shall give or allow any claim or right of action
whatsoever by any other or third person; otherwise, it is the express intent of the parties to
this Agreement that any such person or entity receiving services or benefits under this
Agreement shall be deemed an incidental beneficiary only. The Contractor shall not
engage in any transaction, activity or conduct that would result in a conflict of interest under
this Agreement. The Contractor represents that it has disclosed any and all current or
potential conflicts of interest. A conflict of interest shall include transactions, activities, or
conduct that would affect the judgment, actions or work of the Contractor by the
Contractor's own interests, the interests of any principal of the Contractor or the interests of
any party with whom the Contractor has a contractual arrangement, in conflict with those of
Weld County government. The Board, in its sole discretion, shall determine the existence
of a conflict of interest, which shall be deemed a material breach or default of this
Agreement and may be cause to terminate this Agreement in the event such a conflict
exists after it has given the Contractor notice, in writing or orally, which describes the
conflict. The Contractor shall be given a time period, as specified by the Board or designee,
to eliminate or cure the conflict of interest in a manner that is acceptable to the Board or
designee.
5. Governmental Immunity. Notwithstanding any other provision of this Agreement to the
contrary, no term or condition of this Agreement shall be construed or interpreted as a
waiver, express or implied, of any of the immunities, rights, benefits, protection, or other
provision of the Colorado Governmental Immunity Act, Section 24-10-101, et. seq. CRS, as
now or hereafter amended. The parties understand and agree that liability for claims for
injuries to persons or property arising out of negligence of the State of Colorado, its
departments, institutions, agencies, boards, officials and employees is controlled and
limited by the provisions of Section 24-10-1-101, et. seq., CRS, as now or hereafter
amended and the risk management statutes, Section 24-30-1501, et. seq., CRS, as now or
hereafter amended.
6. Termination. Either party may terminate this Agreement by giving thirty (30) days notice in
writing, delivered by certified or electronic mail, return receipt requested, to the other party
at the above address, or delivered by personal services upon the party. If notice is so
given, this Agreement shall terminate on the expiration of the thirty (30) days, and the
10
liability for the parties hereunder for the further performance of the terms of this Agreement
shall thereupon cease, but the parties shall not be relieved of the duty to perform their
obligation up to the date of termination.
7. Upon receipt of notice of termination for convenience. The Contractor shall incur no further
obligations in connection with the Agreement. The Contractor will be reimbursed for
reasonable costs allocable to the Agreement performance.
Incorporation of terms of Request for Proposal and Response from Contractor —The parties
hereby incorporate by reference the Request for Proposal and all attachments hereto, the
Contractors proposal subsequent correspondence, and contract agreements.
8. Entire Understanding. This Agreement is intended as the complete integration of all
understanding between the parties. No prior or contemporaneous addition, deletion, or
other amendment hereto shall have any force or affect 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 agreement executed and
approved pursuant to the State of Colorado fiscal rules. It is understood and agreed by the
parties that the status of the Contractor is that of an independent contractor retained by the
Board to perform professional and technical services as defined in this Agreement and for
periods of time herein described. It is not intended nor shall it be construed, that the
Contractor is a department of Weld County government, or that any employee, officer, or
subcontractor of the Contractor is an employee or officer of Weld County government for
any purpose whatsoever.
9. Non -Discrimination. The Contractor agrees to comply with the letter and spirit of all
applicable state and federal laws respecting discrimination and unfair employment
practices.
10. Software Piracy Prohibition. No State or other public funds payable under this Agreement
shall be used for the acquisition, operation, or maintenance of computer software in
violation of United States copyright laws or applicable licensing restrictions. The Contractor
hereby certifies that, for the term of this Agreement and any extensions, the Contractor has
in place appropriate systems and controls to prevent such improper use of public funds.
11. Employment or Contracting with. Illegal Aliens. Under Colorado Law, the Contractor
certifies that it shall comply with the provisions of Section 8-17.5-101, set seq., C.R.S.
Contractor shall not knowingly employ or contract with an illegal alien to perform work
under this Agreement or enter into a contract with a subcontractor that fails to certify to
Contractor, that the subcontractor shall not knowingly employ or contract with an illegal
alien to perform work under this Agreement. Contractor represents, warrants, and agrees
that it (a) has verified that it does not employ any illegal aliens, through participation in the
Basic Pilot Employment Verification Program administered by the Social Security
Administration and Department of Homeland Security, and (b) otherwise comply with the
requirements of Section 81-5-102(2)(b), C.R.S. Contractor shall comply with all reasonable
requests made in the course of an investigation under Section 8-17,5-102,C.R.S., by the
Colorado Department of Labor and Employment. If Contractor fails to comply with any
requirements of this provision or Section 8-17.5-101. et seq., C.R.S., the Board may
11
terminate this Agreement for breach and Contractor shall be liable for actual and
consequential damages to Contractor.
Except where exempted by federal law and except as provided in Section 24-76/5-103(3),
C. R.S., if Contractor receives federal or state funds under this Agreement, Contractor must
confirm that any individual natural person eighteen (18) years of age or older is lawfully
present in the United States pursuant to Section 24-76.5-103(4), C.R.S., if such individual
applies for public benefits provided under this Agreement. If Contractor operates as a sole
proprietor, it hereby swears or affirms under penalty of perjury that it (a) is a citizen of the
United States or is otherwise lawfully present in the United States pursuant to federal law,
(b) shall produce one of the forms of identification required by Section 24-76/5-101.et seq.,
C.R.S. and (c) shall produce one of the forms of identification required by Section 24-76.5-
103, C.R..S., prior to the effective date of this Agreement.
12. Termination of Agreement. This Agreement may be terminated for default if the Contractor
substantially fails to satisfy or perform the duties and obligations to correct or take
reasonable steps to correct deficiencies in this Agreement. The Community Corrections
Board shall provide written notice to the Contractor of the Board's intent to invoke the
termination provisions of the Agreement, state the reasons for such action and reference
the previous request to correct the deficiencies. Contractor will be provided thirty (30) days
from receipt of written notice of intent to terminate the Agreement for default to correct
deficiencies to the satisfaction of the Community Corrections Board and the Board. If the
Contractor fails to correct deficiencies within this time, the Board may declare the
Agreement terminated.
13. Severability. If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable, this Agreement shall be construed and enforced without
such provision, to the extent that this Agreement is then capable of execution within
the original intent of the parties.
14. Funding Contingency. No portion of this Agreement shall be deemed to create an
obligation on the part of the Community Corrections Board to expend funds not
otherwise appropriated or budgeted for.
12
THE PARTIES HEREUNTO HAVE EXECUTED THIS AGREEMENT:
Contractor:
Board:
Intervention Incorporated BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
�7 LJ --,1-1-3325r1
Federal I.D. #
{
SUBSCRIBED AND SWORN to befor
this IT" day of 2014 -Jt&\e-
WITNESS my hand and official seal.
n/ {
APPROVED AS T
Notary Public
My commission expires: Pia; I id
J �Micc�G,
.�..... „AR)r .,i
•
'''•
,'• \C-1.••,9: :Oa
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vi - `,.,,�; 2\ , 20
BY:
BY: (;tc \ti) Willix\
Douglas Rademacher, Chair
JUN 2 5 2014
ATTEST: dame& cC;14.
to the Board
13
ounty Attorney
c,70/9- /9/4
y: IA o i .k ID
RESOLUTION
RE: APPROVE AGREEMENT RENEWAL FOR PROVISION OF COMMUNITY
CORRECTIONS SERVICES AND AUTHORIZE CHAIR TO SIGN - INTERVENTION,
INC., DBA INTERVENTION COMMUNITY CORRECTIONS SERVICES (ICCS)
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 Renewal for Provision of
Community Corrections Services 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 Corrections
Board, and Intervention, Inc., dba Intervention Community Corrections Services (ICCS),
commencing July 1, 2018, and ending June 30, 2019, 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 Renewal for Provision of Community Corrections Services
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 Corrections Board, and
Intervention, Inc., dba Intervention Community Corrections Services (ICCS), 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 27th day of June, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: al/L..) 'g1
Weld County Clerk to the Board
BY: lye.
puty Clerk to the Board
APPR• D A
y ttorney
Date of signature: 8149. /re
Stee Moreno, Chair
ike Freeman
cc: 35 (DE)
08 -1y -t8
2018-1999
JS0006
AGREEMENT RENEWAL FOR PROVISION OF COMMUNITY CORRECTIONS SERVICES
BETWEEN THE WELD COUNTY JUSTICE SERVICES DEPARTMENT AND INTERVENTION, INC.
This Agreement Renewal ("Renewal"), made and entered into Z77 day of JUNE 2018, by and between
the Board of Weld County Commissioners, on behalf of the Weld County Department of Justice Services,
hereinafter referred to as the "Department," and Intervention, Inc., hereinafter referred to as the
"Contractor."
WHEREAS the parties entered into an Agreement (the "Original Agreement") identified by the Weld
County Clerk to the Board of County Commissioners as document No. 2017-1882, and approved on June 29,
2017.
WHEREAS the parties hereby agree to renew the term of the Original Agreement in accordance with
the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided
herein.
NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows:
• The Original Agreement will end on June 30, 2018.
• The parties agree to renew the Original Agreement for an additional year period, which will begin July
1, 2018, and will end on June 30, 2019.
• The renewal, together with the Original Agreement, constitutes the entire understanding between the
parties. The following change is hereby made to the Agreement:
1. Responsibilities of the State: Section A, 2. the daily rate of $42.68 for residential placement of any
offender defined as Diversion, Transition, Condition of Probation IRT or Condition of Parole shall
change to the daily rate of $43.11, for Non -Residential Diversion from $6.22 per day to $6.28 per day,
the Offender Correctional Treatment Support Services fund from $110,000 to up to $100,000 and a
new fund of $13,900.73 for Subsistence Support. Subsistence Support funds may be used only after the
end of September of this Renewal Agreement period and only after the Colorado Division of Criminal
Justice, Office of Community Corrections sets forth guidelines in how to use these funds.
2. Pursuant to the 2017 Colorado Community Corrections Standards, Section CD -100: Engaging
Community Support, the Contractor shall ensure offenders are able to engage in the community and
with faith -based organizations.
• All other terms and conditions of the Original Agreement remain unchanged.
ole/I /199
AGREEMENT RENEWAL FOR PROVISION OF COMMUNITY CORRECTIONS SERVICES
BETWEEN THE WELD COUNTY JUSTICE SERVICES DEPARTMENT AND INTERVENTION, INC.
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year
first above written.
CONTRACTOR:
Printed = e t de SY1-%eriit a n
Signature
ATTEST:"
Weld County Clerk to the Board
BY:
OPeOw.Rm
Deputy Clerk to the Board
APPQQY;p AS TO F N
Controller
APPROVED AS TO FORM:
,e
ounty Attorney
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Steve Moreno, Chair 'JUN 2 7 2018
APPROVED AS TO SUBSTANCE:
rtment
„:2o/f-/y'91
RESOLUTION
RE: APPROVE AGREEMENT FOR PROVISION OF COMMUNITY CORRECTIONS
SERVICES AND AUTHORIZE CHAIR TO SIGN - INTERVENTION, INC., DBA
INTERVENTION COMMUNITY CORRECTIONS SERVICES (ICCS)
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 Provision of Community
Corrections Services between the County of Weld, Slate of Colorado, by and through the Board
of County Commissioners of Weld County, on behalf of the Weld County Corrections Board, and
Intervention, Inc., dba Intervention Community Corrections Services (ICCS), commencing July 1,
2017, and ending June 30, 2018, 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 Provision of Community Corrections Services 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 Corrections Board, and Intervention, Inc., dba
Intervention Community Corrections Services (ICCS), 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 26th day of June, A.D., 2017.
ATTEST: g� .Jeido:t,k_
Weld County Clerk to the Board
APP
uty Clerk to the Boar
BOARD OF COUNTY COMMISSIONERS
WE i COU TY, COLOF3AQO
iiL
Julie A. Cozad, Chair
_i����-►.sue.,..!
Steve Moreno, ro-Tem
Sean P. Conway
Ike Freeman
ounty omey 4.42.4 a 4Abli-tri..4. r
ra Kirkmeyer
Date of signature: 7 (1 1 ( t
act 73CO£)
'+3't of+7 2017-1882
JS0006
AGREEMENT FOR THE PROVISION OF COMMUNITY CORRECTIONS SERVICES
THIS AGREEMENT, effective this day of June, 2017 by and between the Board of
Commissioners of Weld County ("the Board"), PO Box 758, Greeley CO 80632 on behalf of the Weld
County Community Corrections Board, ("Community Corrections Board") and Intervention Incorporated,
(d.b.a. Intervention Community Corrections Services "ICCS") 1333 West 120th Avenue, Suite 101,
Westminster, Colorado 80234 hereinafter referred to as "the Contractor."
1. WHEREAS, authority exists in the law and funds for the current fiscal year have been budgeted
by the State of Colorado, appropriated and otherwise made available and a sufficient
uncommitted balance thereof remains available for encumbering and subsequent payment of this
agreement~ and
2. WHEREAS, required approval, clearance and coordination has been accomplished from and with
the State of Colorado; and
3. WHEREAS, the Board has an ongoing contract with the Colorado Department of Public Safety,
Division of Criminal Justice, to provide community corrections services pursuant to Title 17, Article
27, and Section §18-1.3-301, C.R.S., as amended, and desires to enter into an. agreement with
Intervention incorporated, for the provision of such services.
NOW THEREFORE, subject to the terms, conditions, provisions and limitations contained in this
Agreement, the Board and the Contractor agree as follows:
I. STATEMENT OF WORK
A.
Responsibilities of the Contractor.
Anorovai. The Contractor shall be approved by the local community corrections board in their
jurisdiction and operate pursuant to Title 17, Article 27, and Section §18-1.3-301, C.R.S., as
amended.
B. Description of Services. The Contractor shall provide residential, non residential and certain
vocational and rehabilitative services to 1) offenders referred by the Department of Corrections
(DOC), 2) offenders referred by the State Judicial Branch (SJB), 3) offenders referred by the State
Board of Parole, or 4) offenders referred.by SJ9 pursuant to Section §10-2-907, Section §19-2-
907(1)(b), Section §19-2-908, and Section §19-2-910, CRS., as amended, or as otherwise
approved by the Community Corrections Board and the Board.
C. Standards. The Contractor shall meet, maintain, and comply with all applicable guidelines or
standards as provided in Title 17, Article 27, and Section §18-1.3-301, CRS, as amended, and the
"Colorado Community Corrections Standards," as revised or amended by the Colorado
Department of Public Safety. Non-compliance and/or willful disregard with applicable guidelines
or standards may result in reduction of compensation rates as specified in Paragraph 2.A.2.,
herein; cessation of offender placements in the program; implementation of a corrective action
plan with a professional consultant as approved bythe Contractor and the Community Corrections
Board and the State, with all costs borne on the Contractor, implementation of an increased
staffing pattern by the Contractor to ensure adequate offender care and supervision;
implementation of a competitive bid process to consider alternative program providers; or
1 020 /7—/���-
termination of the Agreement
D. State and Local Regulations. The Contractor shall comply with all state, county and local health,
safety, fire, budding and zoning requirements.
E. Victim Rights Act. The Contractor shall comply with Section §24-4.1-302.5, Section §24-4.1-303
and Section §24-4.1-304 C.R.S., as amended, commonly known as the Victim Rights Act and
enabling legislation.
F. Immigration Reform Control Act. The Contractor shall comply with all federal and state laws,
including the Immigration Reform Control Act in all hiring practices.
G. Americans with Disabilities Act. The Contractor shall comply with all applicable titles of the
Americans with Disabilities Act (Public Law 101.336) and submit documentation as required by
the State or the County to demonstrate compliance with this Act.
H. Client Files. The Contractor shall maintain individual electronic and hard fdes for each offender
participating in the Contractor's program as required by the DOC/SJB/Parole Board or as
otherwise specified by the Community Corrections Board or the Board. Such files and criminal
history records shall be maintained and disseminated pursuant to federal and state regulations.
Reports. The Contractor shall provide timely, prompt, and accurate reports as are or may be
required by the State, DOC, SJB, or the Community Corrections Board during the period of the
Agreement, which include but are not limited to statistical reports, caseload data, required entries
into the Community Corrections Information and Billing ("CCIB") computer system, survey
questionnaires and other records documenting the types of services provided and the identity of
the individual offenders receiving such services. Computerized termination forms and related
offender data must be completed by the Contractor's program staff, as prescribed by the State, for
each offender served, and shall be completed with the requirements of the State and the
Community Corrections Board.
J. Fugitive Reporting System. Pursuant to Section §17-27-104 (11), C.R.S., the Contractor shall
report any probable escape of any offender funded pursuant to this Agreement in effect at the
time of the escape. Program staff shall also provide the State information about any offender who
escapes from its supervision. The Contractor shall provide to the Community Corrections Board
with monthly escape reports of all offenders reported as escapees, whether Diversion or
Transition offenders or as otherwise specified by the Community Corrections Board.
K. Supervision of Offenders. The Contractor shall provide 24 -hour -a -day, seven -day -a -week staff
supervision of the offenders assigned to the residential. facility as specified in the "Colorado
Community Corrections Standards." Further, Contractor shall provide non-residential supervision
of those applicable offenders referred by the SBJ and in accordance with the "Colorado
Community Corrections Standards."
L. Method of Billing. The Contractor shall bill the State for services provided on such forams and in
such manner as the State may require. For the billing to be approved and accepted by the
Community Corrections Board, the signature of the appropriate probation/parole liaison or board
representative, confirming the accuracy of the billing is required. Billing shall be submitted through
CCIB and/or at the sole discretion of the State, on a Community Corrections Billing electronic form
2
provided to the Contractor by the State for that purpose. The State reserves the right to modify
billing procedures.
M. Additional Services. The Contractor shall obtain prior written approval from the State and the
Community Corrections Board and the Board before providing any additional billable services or
evaluations not provided for by the terms and conditions of this Agreement. If services are billed
by the Contractor that exceed the maximum total payments as described in Paragraph 2. A.2.,
herein, neither the State, Weld County nor the Community Corrections Board is liable for
reimbursement. Should additional funding become available, the State, Weld County, its
Community Corrections Board may, at its own option, choose to reimburse beyond the amount
specified in Paragraph 2. A.2., herein.
N. Reimbursement by Client. The Contractor shall charge each offender participating in the
community corrections program the reasonable costs of the services not covered by State
payments. The charges maybe collected on an ability to pay basis. Each offender shall be issued
receipts for fees collected on a monthly basis or as otherwise requested.
Any charges to offenders in excess of the amounts listed in the legislative appropriation must be
approved in advance by the State and the Community Corrections Board. The Contractor must
provide a description of such additional fees, including rates, services or products purchased, and
program policies and procedures related to collecting and record keeping to the State, the
Community Corrections Board, and the referring agency.
O. Absence Due to Arrest. The Contractor shall notify the DOC/SJB/Parole Office immediately if they
know an offender has been arrested and/or is in the custody of, federal, state, or local law
enforcement authorities. The Community Corrections Board shall compensate the Contractor at
full rate for the day the offender is arrested, and at 50% of the regular per diem rate for up to
seven (7) days formaintaining the availability of a position in the program during the offender's
absence.
P. Unauthorized Absence. The Contractor shall notify the DOC or SJB, through the appropriate
probation/parole liaison, within two (2) hours after an offender is discovered to be absent from an
approved location or activity without authorization. The Contractor shall keep the offender's
position in the program available for a period not to exceed one (1) day during the offender's
unauthorized absence if the DOC/SJB notifies the Contractor that it does desire to have said
position kept available. The Community Corrections Board shall compensate the Contractor at the
full rate the day the offender. escapes.
Q. insurance and Indemnification: The Contractor must secure, or normally update at or before the
time of execution of this Agreement or commencement of any work liability insurance coverage in
force at all times during the term of this Agreement, or any extension thereof, and during any
warranty period. An insurer licensed to do business in Colorado and rated by A.M. Best Company
as ''A" VIII or better shall underwrite such insurance. Such. policy shall contain a valid provision or
endorsement so that any of the above -described policies is cancelled or should any coverage be
reduced before the expiration date thereof, the issuing company shall send written notice to Weld
County by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days
prior to such cancellation or reduction unless due to non-payment of premiums for which notice
shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention,
the Contractor must notify the County. The Contractor shall be responsible for the payment of any
3
deductible or self -insured retention. The County reserves the right to require the Contractor to
provide a bond, at no cost to the County, in the amount of the deductible or self -insured retention
to guarantee payment of claims.
The insurance coverage specified in this Agreement is the minimum requirements, and these
requirements do not decrease or limit the liability of the Contractor. The County in no way
warrants that the minimum limits contained herein is sufficient to protect from liabilities that
might arise out of the performance of the work under this Agreement by the Contractor, its
agents, representatives, employees, or subcontractors. The Contractor shall assess its own
risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader
coverage. The Contractor is not relieved of any liability or other obligations assumed or
pursuant to this Agreement due to its failure to obtain or maintain insurance in sufficient
amounts, duration, or types. The Contractor shall maintain, at its own expense, any additional
kinds or amounts of insurance that it may deem necessary to cover its obigations and liabilities
under this Agreement. Any modification to these requirements must be made in writing by
Weld County.
The Contractor stipulates that it has met the insurance requirements identified herein. The
Contractor shall be responsible for the professional quality, technical accuracy, and quantity of
all services provided, the timely delivery of said services, and the coordination of all services
rendered by the Contractor and shalt, without additional compensation, promptly remedy and
correct any errors, omissions, or other deficiencies.
Indemnity: The Contractor shall defend, indemnify and hold harmless Weld County, its
officers, agents, and employees, from and against injury, loss damage, liability, suits, actions,
or willful acts or omissions of the Contractor, or claims of any type or character arising out of
the work done in fulfillment of the terms of this Agreement or on account of any act, claim or
amount arising or recovered under Workers' Compensation law or arising out of the failure of
the Contractor to conform to any statutes, ordinances, regulation,law or court decree. The
Contractor shall be fully responsible and liable for any and all injuries or damage received or
sustained by any person, persons, or property on account of its performance under this
Agreement or its failure to comply with the provisions of this Agreement, or on account of or in
consequence of neglect of the Contractor in its methods or procedures; or in its provisions of
the materials required herein, or from any claims or amounts arising or recovered under the
Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall
survive expiration or termination hereof. it is agreed that the Contractor will be responsible for
primary loss investigation, defense and judgment costs where this Agreement of indemnity
applies. In consideration of the award of this Agreement, the Contractor agrees to waive alt
rights of subrogation against Weld County its associated and/or affiliated entities, successors,
or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising
from the work performed by the Contractor for the County. A failure to comply with this
provision shall result in the County's right to terminate immediately this Agreement.
Types of insurance: The Contractor shall obtain, and maintain at all times during the term of this
Agreement, insurance in the following kinds and amounts:
Workers' Compensation Insurance as required by state statute, and Employers Liability
Insurance covering ail of the Contractor employees acting within the course and scope of their
employment for this Agreement. Such policy shall contain a waiver of subrogation against the
4
County. This requirement shall not apply when the Contractor is exempt under Colorado Workers'
Compensation Act., AND when such Contractor executes the appropriate sole proprietor waiver
form.
Commercial General Liability Insurance shall include bodily injury, property damage, and liability
assumed under this Agreement.
$1,000,000 each occurrence;
$1,000,000 general aggregate;
$1,000,000 Personal Advertising injury
Automobile Liability: The Contractor shall maintain limits of $1,000,000 for bodily injury per
person, $1,000,000 for bodily injuryforeach accident, and $1,000,000 for property damage applicable
to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and
non -owned vehicles Axed in the performance of this Agreement.
Professional Liability (Errors and Omissions Liability): The policy shall cover professional
misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this
Agreement. The Contractor shall maintain limits for all claims covering wrongful acts, errors
and/or omissions, including design errors, if applicable, for damage sustained because of or in
the course of operations under this Agreement resulting from professional services. In the
event that the professional liability insurance required by this Agreement is written on a claims -
made basis, the Contractor warrants that any retroactive date under the policy shall precede
the effective date of this Agreement; and that either continuous coverage will be maintained or
an extended discovery period will be exercised for a period of two (2) years beginning at the
time work under this Agreement is completed.
Minimum Limits:
Per Loss
Aggregate
$ 1,000,000
$ 2,000,000
Proof of Insurance: The County reserves the right to require the Contractor to provide a certificate of
insurance, a policy, or other proof of insurance as required by the County's Risk Administrator
in his or her sole discretion.
Additional Insured: For general liability, the Contractors insurer shall name Weld County as
an additional insured.
Waiver of Subrogation: For all coverage's, the Contractor's Insurer shall waive subrogation rights
against the County.
Subcontractors: All subcontractors, independent contractors, sub -vendors, suppliers or otherentities
providing goods or services required bythis Agreement shall besubjectto all requirements herein
and shall procure and maintain the same coverage required of the Contractor. The Contractor
shall include all such subcontractors, independent contractors, sub -vendors, suppliers or other
entities as insured under its policies or shall ensure that all subcontractors maintain the required
coverage's. The Contractor agrees to provide proof of insurance for all such subcontractors,
independent contractors, sub -vendors, suppliers or other entities upon request by the County. The
5
Community Corrections Board, the Board of County Commissioners of Weld County and its
employees, and State of Colorado shall be named as additionally insured parties under all the
Contractor's liability coverage policies.
R. Access to Medical Services. Policy and procedures of the Contractor shall specifically prohibit any
restriction or constraint of offenders' movement or efforts to attend to their legitimate medical or
dental needs. If a medical emergency occurs, the Contractor shall immediately notify the referring
agency (DOC, Parole Officer or SJB). The Community Corrections Board shall compensate the
Contractor at the full rate the day an offender is placed in a hospital, and at 50% of the regular per
diem rate for up to seven (7) days for holding a bed available during the hospitalization of an
offender, unless the referral agency notifies the Contractor otherwise.
S. Review and Inspection. The Contractor shall allow the State, the Board, the Community
Corrections Board, DOC, SJB, or Health Department employees to inspect, with or without notice,
the facilities, fiscal and program files, other records, and services provided to determine
compliance with this Agreement.
T. Examination of Records. To the extent required bylaw, the Contractor agrees that any duly
authorized representative of the County, including the County's designated Finance Officer(s),
shall have access to and the right to examine and audit any books, documents, papers and
records of the Contractor, involving all matters and/or transactions related to this Agreement.
The Contractor agrees to maintain these documents for at least three (3) years from the date
of the last payment received.
U. information Provided. The Contractor shall provide information upon request of the appropriate
DOC/SJB officers or the Board and/or the Community Corrections Board regarding the activities
and adjustment of offenders assigned to their program. The Contractor shall collect, maintain and
make available to the DOC/SJB/Parole Board or the Board and/or the Community Corrections
Board ongoing data regarding employment, monitored sobriety, psychological problems and
treatment, vocational or educational needs and services, re -arrest or other criminal activity, and
court -imposed fines and restitution of offenders under supervision by the Contractor. The
Contractor shall make timely entries of such data into the CCIB computer system, as the State
may require.
V. Financial Audit. The Contractor shall provide to the State an independent fiscal audit report, which
addresses the agency's fiscal year(s) relevant to the Agreement period. Such materials shall be
provided to the State as directed or unless a different schedule is established in writing by mutual
agreement of the parties. These requirements may be waived all or in part, by the State, in
accordance with established standards.
W. Notification of Ownership Chancres.
1. The Contractor shall notify the Board, Community Corrections Board and the State in
writing within thirty (30) days after becoming aware that a change in its ownership has
occurred, or is certain to occur, that could result in changes to services outlined in this
Agreement. The Contractor shall also notify the Board and the State in writing within thirty
(30) days whenever changes to asset valuations or any other cost changes have occurred,
or are certain to occur, because of a change in ownership.
6
2. The Contractor shall:
a) Maintain current, accurate and complete inventory records of assets and their costs;
b) Provide the Board, the Community Corrections Board or State or designated
representative ready access to the records upon request;
c) Ensure that all individual and grouped assets, their capitalized values, accumulated
depreciation or amortization, and remaining useful lives are identified accurately
before and after each of the Contractor's ownership changes; and
d) Retain and continue to maintain depreciation and amortization schedules based on
the asset records maintained before each subcontractor ownership change.
X. Matters Regarding Facilities.
1. The Board and Contractor acknowledge that it shall be a condition of this Agreement that
the Contractor will fully comply with the Lease Agreement between the Board and the
Contractor to operate its program at the Weld County Community Corrections Facility at
1101 H Street, Greeley, CO 80631 for a period of July 1, 2017 and ending June 30, 2018.
2. Contractor agrees to be bound to the terms of said Lease Agreement and acknowledges
that any violation of the lease provisions, which results in the Board's termination of the
Lease Agreement, may be grounds for the termination of this Agreement.
3. Contractor acknowledges that a new Lease Agreement may be executed with the Board
upon or before June 30, 2017.
Responsibilities of the State:
A. Payment of Services.
1) The Board shall compensate the Contractor in accordance with the schedule in Paragraph
2. A.2., herein subject to compliance with the provisions of the Agreement.
2) During the period of the Agreement, upon receipt of proper billing from the Contractor, as
provided in. paragraph 1.L. herein, payment shall be made in amounts below based on
available State Funds encumbered:
A daily rate of $42.68 per offender, for residential diversion direct sentence placements;
A daily rate of no more than $6.22 per offender, for diversion non-residential placements;
A daily rate of $42.68 per offender, for residential condition of probation placements;
A daily rate of $42.68 per offender for residential transition placements;
A daily rate of $42.68 per offender for residential condition of parole placements;
7
Up to $110,000 for Offender Correctional Treatment Support Services; and
Up to $119,853.89 for Facility Payments to be disbursed as outlined in the Statewide
Facility Payments Policy by the Division of Criminal Justice, Office of Community
Corrections for SFY 17-18.
Facility Payments - in ongoing efforts and articulated in the past Agreement(s), to advance the
Colorado General Assembly's intent to increase program case manager and security staff
compensation and. to reduce and/or maintain a ratio of at least one (1) case manager for every
twenty (20) residential community corrections clients, the Contractor, if deemed necessary by the
State Division of Criminal Justice, Office of Community Corrections or the Community Corrections
Board, shall submit a written plan to the Community Corrections Board and the State specifying
how the Contractor will utilize the Facility Payment allocation to 1) increase case management
staff to ensure a ratio of at least one (1) case manager for every twenty (20 residential clients; 2)
raise the average pay and benefits of security staff by at least ten (10%) percent; and 3) raise the
average pay and benefits of case managers by at least ten (10%) percent. The Contractor may
request, in writing, that the Community Corrections Board and the State grant an exemption from
these requirements. The Contractor is encouraged to exceed these requirements. Any request for
an exemption from any of these requirements must include a written plan that specifies the
Contractor's intended use of these funds. The Contractor's use of these funds shall also focus on
initiatives such as reaching and maintaining compliance with the Prison Rape Elimination Act
(PREA); and implementing evidence based policy and practices to fidelity that focus on reducing
offender risk and recidivism as set forth by the National Institute of Corrections' (NIC) Eight
Guiding Principles for Risk and Recidivism Reduction. The Contractor may utilize these funds for
other purposes that benefit the quality of the program with prior written approval of the Community
Corrections Board and the State.
If deemed necessary by the State Division of Criminal Justice, Office of Community Corrections or
the Community Corrections Board, the Contractor's written plan shall be submitted to the
Community Corrections Board for review by a date specified by the State or the Community
Corrections Board. If the plan is deemed acceptable, the Community Corrections Board through
the Justice Services Department shall direct a method to the Contractor torequest payment(s)
and in accordance with the normal dispersal of funds by the State to Weld County. Facility
payments to the Contractor may be withheld in whole or in part by the Board through its
Community Corrections Board If the Contractor does not comply with alt or part of this provision.
3) Reimbursement will not be allowed for the first day of an offender's participation in the
program, but shall be allowed for the last day of an offender's participation. The day an
offender transfers from Residential to Non -Residential supervision status, reimbursement
will be made at the residential daily rate, but shall not be made for Non -Residential
expenses. The day an offender transfers from Non -Residential to Residential supervision
status, reimbursement will be made for Non -Residential expenses, but shall not be made
for the Residential daily rate.
4) The Contractor shall use no more than three percent (3%) of the total daily rate allocation
for condition of probation client placements. These placements are intended for placement
in the Contractor's Intensive Residential Treatment (lRT) program, unless otherwise
approved by the Community Corrections Board and the State.
s
5) Reimbursement may be allowed for any additional programmatic funding approved by the
Legislature_
6) The Board may transfer up to 10% of funds between the Transition/Parole/Condition of
Probation, Treatment Support and Diversion line items only and as listed in Section 2.A.2
above to ensure full utilization of funds with the Contractor during any term of this
Agreement, and as approved by the Board and the State.
B. Payment for Travel. The Board shall reimburse the Contractor at the rate allowed by State Fiscal
Rules, when such travel is requested by the DOC or approved by the State for the purpose of
transporting offenders. The Contractor agrees that any and all travel to DOC correctional facilities
shall be coordinated by DOC prior to the Contractor being reimbursed. The Contractor shall
provide the Board with travel reports setting forth the date of travel, mileage, destination and
offenders transported. Reimbursement for mileage shall be made from Residential Transition
Allocations as listed in Section 2A.2 above. Payment shall be made by the trip, not for each
individual offender.
C. Payments for Leaves) of Absence. The Board shall pay the Contractor for the following leaves of
absence of offenders at the full per diem rate, when authorized and approved by the DOC/Parole
Board or SJB:
1) "Pass or Furlough" based on a privilege to leave the facility to an approved location for up
to forty-eight (48) hours.
2) "Off -grounds leave" for the purpose of conducting a hearing or aFtagsment regarding the
continuation of the offender in the community corrections program, for a maximum
allowable period of three (3) days.
3) "Emergency Leave" caused by and limited to a serious life -threatening incident in the
offender's immediate family, subject to a maximum period of seven (7) days, to be
reimbursed at 50% of the regular per diem rate.
D. Noncompliance. The Community Corrections Board and the Board agrees to allow the Contractor
thirty (30) days within which they may correct or justify identified issues, following a notice of
noncompliance, unless there is an immediate risk to public safety. If the identified issues are
unresolved within the thirty (30) day period, action may be taken to withhold, payment to the
Contractor until those identified issues are satisfactorily completed; deny payment for those
services or obligations which may not have been performed by the Contractor and which, due to
circumstances caused by the Contractor, cannot be performed, or if performed are of no value to
the Board, the Community Corrections Board or the State. Denial of the amount of payment to the
Contractor shall be reasonably related to the value of work or performance lost to the Board, the
Community Corrections Board or the State.
The Contractor shall not place offenders under its legal control and supervision, its employees,
the Board, the Community Corrections Board, Weld County employees, officials, or
subcontractors or any and all persons doing business with the Contractor, in imminent risk or peril
to public safety.
E. Limitation of Payments and Liabilities. The Board assumes no liability for any deficiency that the
9
Contractor may incur either in the operation of its program or for any debts or expenditures
incurred by the Contractor for ensuing fiscal years when funds for that purpose have not been
appropriated or budgeted.
II. GENERAL PROVISIONS:
1. Performance Period. The Agreement shall be effective on July 1, 2017, and extend through
June 30, 2018, contingent upon availability of funds. Unless otherwise terminated to the
terms of this Agreement.
2. Assignment. The rights and duties arising under this Agreement shall not be assigned or
delegated without the prior written consent of the Board and the Community Corrections
Board.
3. Breach. A breach of this Agreement shall not be deemed to be a waiver of any subsequent
breach or default of the Agreement.
4. Third Party Beneficiary & Conflict of Interest 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 Board and the Contractor. Nothing
contained in this Agreement shall give or allow any claim or right of action whatsoever by
any other or third person; otherwise, it is the express intent of the parties to this Agreement
that any such person or entity receiving services or benefits under this Agreement shall be
deemed an incidental beneficiary only. The Contractor shall not engage in any transaction,
activity or conduct that would result in a conflict of interest under this Agreement The
Contractor represents that it has disdosed any and all current or potential conflicts of
interest. A conflict of interest shall include transactions, activities, or conduct that would
affect the judgment, actions or work of the Contractor by the Contractor's own interests, the
interests of any principal of the Contractor or the interests of any party with whom the
Contractor has a contractual arrangement, in conflict with those of Weld County
government. The Board, in its sole discretion, shall determine the existence of a conflict of
interest, which shall be deemed a material breach or default of this Agreement and may be
cause to terminate this Agreement in the event such a conflict exists after it has given the
Contractor notice, in writing or orally, which describes the conflict The Contractor shall be
given a time period, as specified by the Board or designee, to eliminate or cure the conflict
of interest in a manner that is acceptable to the Board or designee.
5. Governmental Immunity. Notwithstanding any other provision of this Agreement to the
contrary, no term or condition of this Agreement shall be construed or interpreted as a ,
express or implied, of any of the immunities, rights, benefits, protection, or other provision
of the Colorado Governmental Immunity Act, Section §24-10-101, et. seq. CRS, as now or
hereafter amended. The parties understand and agree that liability for claims for injuries to
persons or property arising out of negligence of the State of Colorado, its departments,
institutions, agencies, boards, officials and employees is controlled and limited by the
provisions of Section §24-10-1-101, et. seq., CRS, as now or hereafter amended and the
risk management statutes, Section §24-30-1501, et. seq., CRS, as now or hereafter
amended.
IV
6. Termination. Either party may terminate this Agreement by giving thirty (30) days notice in
writing, delivered by certified or electronic mail, return receipt requested, to the other party
at the above address, or delivered by personal services upon the party. If notice is so
given, this Agreement shall terminate on the expiration of the thirty (30) days, and the
liability for the parties hereunder for the further performance of the terms of this Agreement
shall thereupon cease, but the parties shall not be relieved of the duty to perform their
obligation up to the date of termination.
7. Upon receipt of notice of termination for convenience. The Contractor shall incur no further
obligations in connection with the Agreement. The Contractor will be reimbursed for
reasonable costs allocable to the Agreement performance. Incorporation of terms of
Request for Proposal and Response from Contractor - The parties hereby incorporate by
reference the Request for Proposal and all attachments hereto, the Contractors proposal
subsequent correspondence, and contract agreements.
8. Entire Understandina. This Agreement is intended as the complete integration of all
understanding between the parties. No prior or contemporaneous addition, deletion, or
other amendment hereto shall have any force or affect 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 agreement executed and
approved pursuant to the State of Colorado fiscal rules.
9. Non -Discrimination. The Contractor agrees to comply with the letter and spirit of all
applicable state and federal laws respecting discrimination and unfair employment
practices.
10. Software Piracy Prohibition. No State or other public funds payable under this Agreement
shall be used for the acquisition, operation, or maintenance of computer software in
violation of United States copyright laws or applicable licensing restrictions. The Contractor
hereby certifies that, for the term of this Agreement and any extensions, the Contractor has
in place appropriate systems and controls to prevent such improper use of public funds.
11. Public Contracts for Services C.R.S. S8-17.5-101. The Contractor certifies, warrants, and
agrees that it does not knowingly employ or contract with an illegal alien who will perform
work under this Agreement. The Contractor will confirm the employment eligibility of all
employees who are newly hired for employment in the United States to perform work under
this Agreement, through participation in the E -Verify program or the State of Colorado
program established pursuant to C.R.S.§8-17.5-102(5)(c). The Contractor shall not
knowingly employ or contract with an illegal alien to perform work under this Agreement.
The Contractor shall not use the E -Verify Program or State of Colorado program
procedures to undertake pre -employment screening or job applicants while this Agreement
is being performed. If the Contractor obtains actual knowledge that a subcontractor
performing work under the public contract for services knowingly employs or contracts with
an illegal alien the Contractor shall notify the subcontractor and the County within three (3)
days that the Contractor has actual knowledge that a subcontractor is employing or
contracting with art illegal alien and shall terminate the subcontract if a subcontractor does
not stop employing or contracting with the illegal alien within three (3) days of receiving
notice. The Contractor shall not terminate the contract if within three (3) days the
li
subcontractor provides information to establish that the subcontractor has not knowingly
employed or contracted with an illegal alien. The Contractor shall comply with reasonable
requests made in the course of an investigation, undertaken pursuant to C.R.S. §817.5-
102(5), by the Colorado Department of Labor and Employment. If the Contractor
participates in the State of Colorado program, the Contractor shall, within twenty (20) days
after hiring a new employee to perform work under the contract, affirm that the Contractor
has examined the legal work status of such employee, retained file copies of the
documents, and not altered or falsified the identification documents for such
employees. The Contractor shall deliver to the County, a written notarized affirmation that it
has examined the legal work status of such employee, and shall comply with all of the
other requirements of the State of Colorado program. If the Contractor fails to comply with
any requirement of this provision or of C.R.S. §8-17.5-101 et seq., the County, may
terminate this Agreement for breach, and if so terminated, the Contractor shall be liable for
actual and consequential damages.
Except where exempted by federal law and except as provided in C.R.S. §24-76.5103(3),
if the Contractor receives federal or state funds under the contract, the Contractor must
confirm that any individual natural person eighteen (18) years of age or older is lawfully
present in the United States pursuant to C.R.S. §24-76.5-103(4), if such individual applies
for public benefits provided under the contract. If the Contractor operates as a sole
proprietor, it hereby swears or affirms under penalty of perjury that it (a) is a citizen of the
United States or is otherwise lawfully,present in the United States pursuant to federal law,
(b) shall produce one of the forms of identification required by C.R.S. §24-76.5-101, et
seq., and (c) shall produce one of the forms of identification required by C.R.S. §24 76.5-
103 prior to the effective date of the contract.
12. Termination of Agreement This Agreement may be terminated for default if the Contractor
substantially fails to satisfy or perform the duties and obligations to correct or take
reasonable steps to correct deficiencies in this Agreement. The Community Corrections
Board shall provide written notice to the Contractor of the Board's intent to invoke the
termination provisions of the Agreement. state the reasons for such action and reference
the previous request to correct the deficiencies. Contractor will be provided thirty (30) days
from receipt of written notice of intent to terminate the Agreement for default to correct
deficiencies to the satisfaction of the Community Corrections Board and the Board. If the
Contractor fails to correct deficiencies within this time, the Board may declare the
Agreement terminated.
13. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable, this Agreement shall be construed and enforced without such provision, to
the extent that this Agreement is then capable of execution within the original intent of the
parties.
14. Funding Contingency. No portion of this Agreement shall be deemed to create an
obligation on the part of the Community Corrections Board to expend funds not otherwise
appropriated or budgeted for.
15. Controllina Law: This Agreement shall be construed and enforced in accordance with the
laws of the State of Colorado.
i2
16. 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 possess, nor shall
any portion of this Agreement be deemed to have created a duty of care that did not
previously exist with respect to any person not a party to this Agreement.
17. Subcontractors. The Contractor acknowledges that the County has entered into this
Agreement in reliance upon the particular reputation and expertise of the Contractor.
The Contractor shall not enter into arty subcontractor agreements for the completion of
this work without the County's prior written consent, which may be withheld in the
County's sole discretion.
18. Confidentiality. As applicable, any confidential financial information of the Contractor
should be transmitted separately from the main bid submittal, clearly denoting in red on
the financial information at the top the word, "CONFIDENTIAL.' However, the
Contractor is advised that as a public entity, Weld County must comply with the
provisions of C.R.S. §24-72-201, et seq., with regard to public records, and cannot
guarantee the confidentiality of all documents. The Contractor agrees to keep
confidential all of County's confidential information. The Contractor agrees not to sell,
assign, distribute, or disclose any such confidential information to any other person or
entity without seeking written permission from the County. The Contractor agrees to
advise its employees, agents,and consultants, of the confidential and proprietary
nature of this confidential information and of the restrictions imposed by this
Agreement
19. Employee Conflict of Interest - C.R.S. §24-18-201 et sec. and §24-50-507.The
signatories to this Agreement aver that to their knowledge, no employee of Weld
County has any personal or beneficial interest whatsoever in the service or property
which is the subject matter of this Agreement The County has no interest and shall not
acquire any interest direct or indirect, that would in any manner or degree interfere with
the performance of the Contractor's services and the Contractor shall not employ any
person having such known interests. During the term of this Agreement, the Contractor
shall not engage in any business or personal activities or practices or maintain any
relationships which actually conflicts with or in any way appear to conflict with the full
performance of its obligations under this Agreement Failure by the Contractor to
ensure compliance with this provision may result, in the County's sole discretion, to
immediately terminate this Agreement. No employee of the Contractor nor any member
of the Contractor's family shall serve on a County Board, committee or hold any such
position which either by rule, practice or action nominates, recommends, supervises the
Contractor's operations, or authorizes funding to the Contractor for this Agreement.
20. Interruptions. Neither party to this Agreement shall be liable to the other for delays in
delivery or failure to deliver or otherwise to perform any obligation under this
Agreement, where such failure is due to any cause beyond its reasonable control,
including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or
governmental actions.
21. Compliance with Law. The Contractor shall strictly comply with all applicable federal
13
and state laws, rules and regulations in effect or hereafter established, including without
limitation, laws applicable to discrimination and unfair employment practices.
14
THE PARTIES HEREUNTO HAVE EXECUTED THIS AGREEMENT:
ATTEST: dgeolwo .aClto%k. BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board WELD COUNTY, COLORADO
By:
Deputy Clerlcao the Boa
Board of Commissioners,,
County of Weld
Approved As To Funding:
'20-42eR 64112,‘
Controller
Approved As To Form:
Couti 4/Y.
INTERVENTION, INC. CCJJ
By:
Kelly Seng - *' . er, President
SUBSCRIBED' ND SWORN to before me this day of Sri
WITNESS my hand and official seal.
B
Approved As To Substance:
IA1
Department H
�(ilAyahut, /1Lftr/i11
Notary Public
My commission expires: IO 1.2.1 l -° t si
0 VALERIE JEAN MICCAILII
Notary Mk
Stab of Colorado
Notary ID 20104035864
4 My Commisalon iras Oct 21, 2018
15
EXHIBIT E COLORADO COMMUNITY STANDARDS
700 Kipling Street, Suite 1000. Denver CO 80215
http://cicj.state.co.ustocc
COLORADO
Division of Gr ief Justice
Department of NW. Safety
Exhibit F - Community Corrections Billing
Invoice #
Program Name
Bill Month / Year
Bill Type
Transition
Judicial District
Bill Status
OCC Approved
Status Date
aj
��a.s� '. 7i t
4ilii{ � a►�e )t
�+�
,. ,V
S � .
�r;�t lVarr�„s ,,
� �
ri.. ,rf„ .
�r c.,. ,.�1ts
Day # , � f _
K ,
R iJ" Ci )+
Y r Y,,,
�a�e # r , ,::
.v., � I 14.
vs I 5,
twrit ,.b�ta$�
rY
r.,� .e
r.. . H)}A ^<.; r 1 )
L i t 4. fie,.
Act�vi �, �.
�"
r . h
c• ��^
,,,r. S. '$"
w,TeY`I�Dat�
w r
u+ r
:, .,,8�11,5tart �
�
r. 1
� ,, yl ,�
rBill=i3n�„
j
ScriY Da�rs 'r'
Rart�
� Cod t
Service
1/1/2018
1/31/2018
31.00
$43.11
$1,169.94
Service
1/1/2018
1/31/2018
31.00
$43.11
$1,169.94
Service
1/27/2018
1/31/2018
5.00
$43.11
$188.70
Service
1/1/2018
1/31/2018
31.00
$43.11
$1,169.94
Service
1/1/2018
1/31/2018
31.00
$43.11
$1,169.94
Service
1/1/2018
1/31/2018
31.00
$43.11
$1,169.94
Service
1/1/2018
1/31/2018
31.00
$43.11
$1,169.94
Service
1/1/2018
1/31/2018
31.00
$43.11
$1,169.94
Service
1/1/2018
1/31/2018
31.00
$43.11
$1,169.94
Service
1/1/2018
1/25/2018
25.00
$43.11
$943.50
Service
1/1/2018
1/31/2018
31.00
$43.11
$1,169.94
Service
1/1/2018
1/31/2018
31.00
$43.11
$1,169.94
Service
1/6/2018
1/31/2018
26.00
$43.11
$981.24
Service
1/1/2018
1/5/2018
5.00
$43.11
$188.70
Service
1/1/2018
1/25/2018
25.00
$43.11
$943.50
Service
1/1/2018
1/31/2018
31.00
$43.11
$1,169.94
Service
1/1/2018
1/25/2018
25.00
$43.11
$943.50
Service
1/1/2018
1/11/2018
11.00
$43.11
$415.14
Total
463.00
$17,473.62
EXHIBIT G BOARD ADMINISTRATIVE REPORT FORM
PREPARED BY:
JUDICIAL DISTRICT:
TITLE:
Community Corrections
Financial Expense Report
FISCAL YEAR:
From
To
DATE
PHONE
TYPE OF REPORT (CHECK ONE)
1St & 2ND Quarter (Jul — Dec)
3rd & 4th Quarter (Jan — Jun)
4% Administrative Allocation - Balance Forward from Previous
Year:
4% Administrative Allocation - Amount Received to Date:
4% Administrative Allocation - Total Expenditures
CATEGORY
EXPENDITURES
A
July
through December
B
January
through June
E
TOTAL
TO DATE
(A+B)
Personnel
Supplies &
Operating
Travel
Equipment
Indirect Costs
Consultants and
Professional
Services
TOTALS
REQUIRED SIGNATURE: I certify that, to the best of my knowledge and belief, this report is correct and complete,
and that all expenditures are for the purpose set forth in the contract documents.
Person completing the form
Date:
Signature
SUBMIT SIGNED FORM, WITH ORIGINAL SIGNATURE, TO DCJ NO LATER THAN 30
DAYS AFTER THE END OF EACH QUARTER. ALL SUPPORTING DOCUMENTATION
MUST BE SUBMITTED WITH THE FINANCIAL EXPENSE REPORT.
EXLIIBIT H - HIPAA BUSINESS ASSOCIATE AGREEMENT
This HIPAA Business Associate Agreement ("Agreement") between the State and Contractor is agreed to in
connection with, and as an exhibit to, the Contract. For purposes of this Agreement, the State is referred to as
"Covered Entity" and the Contractor is referred to as "Business Associate". Unless the context clearly requires a
distinction between the Contract and this Agreement, all references to "Contract" shall include this Agreement.
1. PURPOSE
Covered Entity wishes to disclose information to Business Associate, which may include Protected Health
Information ("PHI"). The Parties intend to protect the privacy and security of the disclosed PHI in compliance with
the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), Pub. L. No. 104-191 (1996) as
amended by the Health Information Technology for Economic and Clinical Health Act ("HITECH Act") enacted
under the American Recovery and Reinvestment Act of 2009 ("ARRA") Pub. L. No. 111-5 (2009), implementing
regulations promulgated by the U.S. Department of Health and Human Services at 45 C.F.R. Parts 160, 162 and
164 (the "HIPAA Rules") and other applicable laws, as amended. Prior to the disclosure of PHI, Covered Entity is
required to enter into an agreement with Business Associate containing specific requirements as set forth in, but not
limited to, Title 45, Sections 160.103, 164.502(e) and 164.504(e) of the Code of Federal Regulations ("C.F.R.")
and all other applicable laws and regulations, all as may be amended.
2. DEFINITIONS
The following terms used in this Agreement shall have the same meanings as in the HIPAA Rules: Breach, Data
Aggregation, Designated Record Set, Disclosure, Health Care Operations, Individual, Minimum Necessary, Notice
of Privacy Practices, Protected Health Information, Required by Law, Secretary, Security Incident, Subcontractor,
Unsecured Protected Health Information, and Use.
The following terms used in this Agreement shall have the meanings set forth below:
a. Business Associate. "Business Associate" shall have the same meaning as the tem! "business associate"
at 45 C.F.R. 160.103, and shall refer to Contractor.
b. Covered Entity. "Covered Entity" shall have the same meaning as the term "covered entity" at 45 C.F.R.
160.103, and shall refer to the State.
c. Information Technology and Information Security. "Information Technology" and "Information
Security" shall have the same meanings as the terms "information technology" and "information
security", respectively, in §24-37.5-102, C.R.S.
Capitalized terms used herein and not otherwise defined herein or in the HIPAA Rules shall have the meanings
ascribed to them in the Contract.
3. OBLIGATIONS AND ACTIVITIES OF BUSINESS ASSOCIATE
a. Permitted Uses and Disclosures.
i. Business Associate shall use and disclose PHI only to accomplish Business Associate's
obligations under the Contract.
Page 1 of 9
i. To the extent Business Associate carries out one or more of Covered Entity's obligations under
Subpart E of 45 C.F.R. Part 164, Business Associate shall comply with any and all requirements
of Subpart E that apply to Covered Entity in the performance of such obligation.
ii. Business Associate may disclose PHI to carry out the legal responsibilities of Business
Associate, provided, that the disclosure is Required by Law or Business Associate obtains
reasonable assurances from the person to whom the information is disclosed that:
A. the information will remain confidential and will be used or disclosed only as Required
by Law or for the purpose for which Business Associate originally disclosed the
information to that person, and;
B. the person notifies Business Associate of any Breach involving PHI of which it is
aware.
iii. Business Associate may provide Data Aggregation services relating to the Health Care
Operations of Covered Entity. Business Associate may de -identify any or all PHI created or
received by Business Associate under this Agreement, provided the de -identification conforms
to the requirements of the HIPAA Rules.
b. Minimum Necessary. Business Associate, its Subcontractors and agents, shall access, use, and disclose
only the minimum amount of PHI necessary to accomplish the objectives of the Contract, in accordance
with the Minimum Necessary Requirements of the HIPAA Rules including, but not limited to, 45
C.F.R. 164.502(b) and 164.514(d).
c. Impermissible Uses and Disclosures.
i. Business Associate shall not disclose the PHI of Covered Entity to another covered entity
without the written authorization of Covered Entity.
ii. Business Associate shall not share, use, disclose or make available any Covered Entity PHI in
any form via any medium with or to any person or entity beyond the boundaries or jurisdiction
of the United States without express written authorization from Covered Entity.
d. Business Associate's Subcontractors.
Business Associate shall, in accordance with 45 C.F.R. 164.502(e)(1)(ii) and 164.308(b)(2),
ensure that any Subcontractors who create, receive, maintain, or transmit PHI on behalf of
Business Associate agree in writing to the same restrictions, conditions, and requirements that
apply to Business Associate with respect to safeguarding PHI.
ii. Business Associate shall provide to Covered Entity, on Covered Entity's request, a list of
Subcontractors who have entered into any such agreement with Business Associate.
iii. Business Associate shall provide to Covered Entity, on Covered Entity's request, copies of any
such agreements Business Associate has entered into with Subcontractors.
e. Access to System. If Business Associate needs access to a Covered Entity Information Technology
system to comply with its obligations under the Contract or this Agreement, Business Associate shall
request, review, and comply with any and all policies applicable to Covered Entity regarding such
Page 2 of 9
system including, but not limited to, any policies promulgated by the Office of Information Technology
and available at http://oit.state.co.us/about/policies.
f. Access to PHI. Business Associate shall, within ten days of receiving a written request from Covered
Entity, make available PHI in a Designated Record Set to Covered Entity as necessary to satisfy
Covered Entity's obligations under 45 C.F.R. 164.524.
g.
Amendment of PHI.
Business Associate shall within ten days of receiving a written request from Covered Entity
make any amendment to PHI in a Designated Record Set as directed by or agreed to by Covered
Entity pursuant to 45 C.F.R. 164.526, or take other measures as necessary to satisfy Covered
Entity's obligations under 45 C.F.R. 164.526.
ii. Business Associate shall promptly forward to Covered Entity any request for amendment of
PHI that Business Associate receives directly from an Individual.
h. Accounting Rights. Business Associate shall, within ten days of receiving a written request from
Covered Entity, maintain and make available to Covered Entity the information necessary for Covered
Entity to satisfy its obligations to provide an accounting of Disclosure under 45 C.F.R. 164.528.
i. Restrictions and Confidential Communications.
J•
i. Business Associate shall restrict the Use or Disclosure of an Individual's PHI within ten days
of notice from Covered Entity of:
A. a restriction on Use or Disclosure of PHI pursuant to 45 C.F.R. 164.522; or
B. a request for confidential communication of PHI pursuant to 45 C.F.R. 164.522.
ii. Business Associate shall not respond directly to an Individual's requests to restrict the Use or
Disclosure of PHI or to send all communication of PHI to an alternate address.
iii. Business Associate shall refer such requests to Covered Entity so that Covered Entity can
coordinate and prepare a timely response to the requesting Individual and provide direction to
Business Associate.
Governmental Access to Records. Business Associate shall make its facilities, internal practices, books,
records, and other sources of information, including PHI, available to the Secretary for purposes of
determining compliance with the HIPAA Rules in accordance with 45 C.F.R. 160.310.
k. Audit, Inspection and Enforcement.
Business Associate shall obtain and update at least annually a written assessment performed by
an independent third party reasonably acceptable to Covered Entity, which evaluates the
Information Security of the applications, infrastructure, and processes that interact with the
Covered Entity data Business Associate receives, manipulates, stores and distributes. Upon
request by Covered Entity, Business Associate shall provide to Covered Entity the executive
summary of the assessment.
Page 3 of 9
ii. Business Associate, upon the request of Covered Entity, shall fully cooperate with Covered
Entity's efforts to audit Business Associate's compliance with applicable HIPAA Rules. If,
through audit or inspection, Covered Entity determines that Business Associate's conduct
would result in violation of the HIPAA Rules or is in violation of the Contract or this
Agreement, Business Associate shall promptly remedy any such violation and shall certify
completion of its remedy in writing to Covered Entity.
1. Appropriate Safeguards.
i. Business Associate shall use appropriate safeguards and comply with Subpart C of 45 C.F.R.
Part 164 with respect to electronic PHI to prevent use or disclosure of PHI other than as
provided in this Agreement.
ii. Business Associate shall safeguard the PHI from tampering and unauthorized disclosures.
iii. Business Associate shall maintain the confidentiality of passwords and other data required for
accessing this information.
iv. Business Associate shall extend protection beyond the initial information obtained from
Covered Entity to any databases or collections of PHI containing information derived from the
PHI. The provisions of this section shall be in force unless PHI is de -identified in conformance
to the requirements of the HIPAA Rules.
m. Safeguard During Transmission.
i. Business Associate shall use reasonable and appropriate safeguards including, without
limitation, Information Security measures to ensure that all transmissions of PHI are authorized
and to prevent use or disclosure of PHI other than as provided for by this Agreement. •
ii. Business Associate shall not transmit PHI over the internet or any other insecure or open
communication channel unless the PHI is encrypted or otherwise safeguarded with a FIPS-
compliant encryption algorithm.
n. Reporting of Improper Use or Disclosure and Notification of Breach.
Business Associate shall, as soon as reasonably possible, but immediately after discovery of a
Breach, notify Covered Entity of any use or disclosure of PHI not provided for by this
Agreement, including a Breach of Unsecured Protected Health Information as such notice is
required by 45 C.F.R. 164.410 or a breach for which notice is required under §24-73-103,
C.R.S.
ii. Such notice shall include the identification of each Individual whose Unsecured Protected
Health Information has been, or is reasonably believed by Business Associate to have been,
accessed, acquired, or disclosed during such Breach.
iii. Business Associate shall, as soon as reasonably possible, but immediately after discovery of
any Security Incident that does not constitute a Breach, notify Covered Entity of such incident.
iv. Business Associate shall have the burden of demonstrating that all notifications were made as
required, including evidence demonstrating the necessity of any delay.
Page 4 of 9
o. Business Associate's Insurance and Notification Costs.
i. Business Associate shall bear all costs of a Breach response including, without limitation,
notifications, and shall maintain insurance to cover:
A. loss of PHI data;
B. Breach notification requirements specified in HIPAA Rules and in §24-73-103, C.R.S.;
and
C. claims based upon alleged violations of privacy rights through improper use or
disclosure of PHI.
ii. All such policies shall meet or exceed the minimum insurance requirements of the Contract or
otherwise as may be approved by Covered Entity (e.g., occurrence basis, combined single
dollar limits, annual aggregate dollar limits, additional insured status, and notice of
cancellation).
iii. Business Associate shall provide Covered Entity a point of contact who possesses relevant
Information Security knowledge and is accessible 24 hours per day, 7 days per week to assist
with incident handling.
iv. Business Associate, to the extent practicable, shall mitigate any harmful effect known to
Business Associate of a Use or Disclosure of PHI by Business Associate in violation of this
Agreement.
p. Subcontractors and Breaches.
Business Associate shall enter into a written agreement with each of its Subcontractors and
agents, who create, receive, maintain, or transmit PHI on behalf of Business Associate. The
agreements shall require such Subcontractors and agents to report to Business Associate any
use or disclosure of PHI not provided for by this Agreement, including Security Incidents and
Breaches of Unsecured Protected Health Information, on the first day such Subcontractor or
agent knows or should have known of the Breach as required by 45 C.F.R. 164.410.
q.
ii. Business Associate shall notify Covered Entity of any such report and shall provide copies of
any such agreements to Covered Entity on request.
Data Ownership.
i. Business Associate acknowledges that Business Associate has no ownership rights with respect
to the PHI.
ii. Upon request by Covered Entity, Business Associate immediately shall provide Covered Entity
with any keys to decrypt information that the Business Association has encrypted and maintains
in encrypted form, or shall provide such information in unencrypted usable form.
r. Retention of PHI. Except upon teununation of this Agreement as provided in Section 5 below5, below,
Business Associate and its Subcontractors or agents shall retain all PHI throughout the term of this
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Agreement, and shall continue to maintain the accounting of disclosures required under Section 3.h
above, for a period of six years.
4. OBLIGATIONS OF COVERED ENTITY
a. Safeguards During Transmission. Covered Entity shall be responsible for using appropriate safeguards
including encryption of PHI, to maintain and ensure the confidentiality, integrity, and security of PHI
transmitted pursuant to this Agreement, in accordance with the standards and requirements of the
HIPAA Rules.
b. Notice of Changes.
Covered Entity maintains a copy of its Notice of Privacy Practices on its website. Covered Entity
shall provide Business Associate with any changes in, or revocation of, permission to use or
disclose PHI, to the extent that it may affect Business Associate's permitted or required uses or
disclosures.
ii. Covered Entity shall notify Business Associate of any restriction on the use or disclosure of PHI
to which Covered Entity has agreed in accordance with 45 C.F.R. 164.522, to the extent that it
may affect Business Associate's permitted use or disclosure of PHI.
5. TERMINATION
a. Breach.
i. In addition to any Contract provision regarding remedies for breach, Covered Entity shall have
the right, in the event of a breach by Business Associate of any provision of this Agreement, to
terminate immediately the Contract, or this Agreement, or both.
ii. Subject to any directions from Covered Entity, upon termination of the Contract, this
Agreement, or both, Business Associate shall take timely, reasonable, and necessary action to
protect and preserve property in the possession of Business Associate in which Covered Entity
has an interest.
b. Effect of Termination.
i. Upon termination of this Agreement for any reason, Business Associate, at the option of
Covered Entity, shall return or destroy all PHI that Business Associate, its agents, or its
Subcontractors maintain in any form, and shall not retain any copies of such PHI.
ii. If Covered Entity directs Business Associate to destroy the PHI, Business Associate shall
certify in writing to Covered Entity that such PHI has been destroyed.
iii. If Business Associate believes that returning or destroying the PHI is not feasible, Business
Associate shall promptly provide Covered Entity with notice of the conditions making return
or destruction infeasible. Business Associate shall continue to extend the protections of Section
3 of this Agreement to such PHI, and shall limit further use of such PHI to those purposes that
make the return or destruction of such PHI infeasible.
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6. INJUNCTIVE RELIEF
Covered Entity and Business Associate agree that irreparable damage would occur in the event Business Associate
or any of its Subcontractors or agents use or disclosure of PHI in violation of this Agreement, the HIPAA Rules or
any applicable law. Covered Entity and Business Associate further agree that money damages would not provide
an adequate remedy for such Breach. Accordingly, Covered Entity and Business Associate agree that Covered
Entity shall be entitled to injunctive relief, specific performance, and other equitable relief to prevent or restrain any
Breach or threatened Breach of and to enforce specifically the terms and provisions of this Agreement.
7. LIMITATION OF LIABILITY
Any provision in the Contract limiting Contractor's liability shall not apply to Business Associate's liability under
this Agreement, which shall not be limited.
8. DISCLAIMER
Covered Entity makes no warranty or representation that compliance by Business Associate with this Agreement
or the HIPAA Rules will be adequate or satisfactory for Business Associate's own purposes. Business Associate is
solely responsible for all decisions made and actions taken by Business Associate regarding the safeguarding of
PHI.
9. CERTIFICATION
Covered Entity has a legal obligation under HIPAA Rules to certify as to Business Associate's Information Security
practices. Covered Entity or its authorized agent or contractor shall have the right to examine Business Associate's
facilities, systems, procedures, and records, at Covered Entity's expense, if Covered Entity determines that
examination is necessary to certify that Business Associate's Information Security safeguards comply with the
HIPAA Rules or this Agreement.
10. AMENDMENT
a. Amendment to Comply with Law. The Parties acknowledge that state and federal laws and regulations
relating to data security and privacy are rapidly evolving and that amendment of this Agreement may
be required to provide procedures to ensure compliance with such developments.
i. In the event of any change to state or federal laws and regulations relating to data security
and privacy affecting this Agreement, the Parties shall take such action as is necessary to
implement the changes to the standards and requirements of HIPAA, the HIPAA Rules and
other applicable rules relating to the confidentiality, integrity, availability and security of
PHI with respect to this Agreement.
ii. Business Associate shall provide to Covered Entity written assurance satisfactory to
Covered Entity that Business Associate shall adequately safeguard all PHI, and obtain
written assurance satisfactory to Covered Entity from Business Associate's Subcontractors
and agents that they shall adequately safeguard all PHI.
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iii. Upon the request of either Party, the other Party promptly shall negotiate in good faith the terms
of an amendment to the Contract embodying written assurances consistent with the standards
and requirements of HIPAA, the HIPAA Rules, or other applicable rules.
iv. Covered Entity may teiminate this Agreement upon 30 days' prior written notice in the event
that:
A. Business Associate does not promptly enter into negotiations to amend the Contract
and this Agreement when requested by Covered Entity pursuant to this Section; or
B. Business Associate does not enter into an amendment to the Contract and this
Agreement, which provides assurances regarding the safeguarding of PHI sufficient,
in Covered Entity's sole discretion, to satisfy the standards and requirements of the
HIPAA, the HIPAA Rules and applicable law.
b. Amendment of Appendix. The Appendix to this Agreement may be modified or amended by the mutual
written agreement of the Parties, without amendment of this Agreement. Any modified or amended
Appendix agreed to in writing by the Parties shall supersede and replace any prior version of the
Appendix.
11. ASSISTANCE IN LITIGATION OR ADMINISTRATIVE PROCEEDINGS
Covered Entity shall provide written notice to Business Associate if litigation or administrative proceeding is
commenced against Covered Entity, its directors, officers, or employees, based on a claimed violation by Business
Associate of HIPAA, the HIPAA Rules or other laws relating to security and privacy or PHI. Upon receipt of such
notice and to the extent requested by Covered Entity, Business Associate shall, and shall cause its employees,
Subcontractors, or agents assisting Business Associate in the performance of its obligations under the Contract to,
assist Covered Entity in the defense of such litigation or proceedings. Business Associate shall, and shall cause its
employees, Subcontractor's and agents to, provide assistance, to Covered Entity, which may include testifying as a
witness at such proceedings. Business Associate or any of its employees, Subcontractors or agents shall not be
required to provide such assistance if Business Associate is a named adverse party.
12. INTERPRETATION AND ORDER OF PRECEDENCE
Any ambiguity in this Agreement shall be resolved in favor of a meaning that complies and is consistent with the
HIPAA Rules. In the event of an inconsistency between the Contract and this Agreement, this Agreement shall
control. This Agreement supersedes and replaces any previous, separately executed HIPAA business associate
agreement between the Parties.
13. SURVIVAL
Provisions of this Agreement requiring continued performance, compliance, or effect after termination shall survive
termination of this contract or this agreement and shall be enforceable by Covered Entity.
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APPENDIX TO HIPAA BUSINESS ASSOCIATE AGREEMENT
This Appendix ("Appendix") to the HIPAA Business Associate Agreement ("Agreement") is s an appendix to the
Contract and the Agreement. For the purposes of this Appendix, defined terms shall have the meanings ascribed to
them in the Agreement and the Contract.
Unless the context clearly requires a distinction between the Contract, the Agreement, and this Appendix, all
references to "Contract" or "Agreement" shall include this Appendix.
1. PURPOSE
This Appendix sets forth additional terms to the Agreement. Any sub -section of this Appendix marked as
"Reserved" shall be construed as setting forth no additional terms.
2. ADDITIONAL TERMS
a. Additional Permitted Uses. In addition to those purposes set forth in the Agreement, Business
Associate may use PHI for the following additional purposes:
i. Reserved.
b. Additional Permitted Disclosures. In addition to those purposes set forth in the Agreement, Business
Associate may disclose PHI for the following additional purposes:
i. Reserved.
c. Approved Subcontractors. Covered Entity agrees that the following Subcontractors or agents of
Business Associate may receive PHI under the Agreement:
i. Reserved.
d. Definition of Receipt of PHI. Business Associate's receipt of PHI under this Contract shall be deemed
to occur, and Business Associate's obligations under the Agreement shall commence, as follows:
i. Reserved.
e. Additional Restrictions on Business Associate. Business Associate agrees to comply with the following
additional restrictions on Business Associate's use and disclosure of PHI under the Contract:
i. Reserved.
f. Additional Terms. Business Associate agrees to comply with the following additional terms under the
Agreement:
i. Reserved.
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Basic Operational Requirements of Community Corrections Providers
Exhibit I
ADMINISTRATION AND PERSONNEL
Legal Entity
The public or private agency operating a community corrections program shall be a legal entity or
part of a legal entity. The administrators shall maintain a file at the local headquarters of the
agency that includes current documentation as follows:
a) Public Agencies
1) The executive or legislative order of the unit of local government designating the agency
as a community corrections program.
2) An organizational chart indicating the agency's position within the local government and a
listing of the administrative officer(s) authorized to act as the legal agent(s) of the
agency.
b) Private Agencies
1) Certificate and articles of incorporation
2) List of the Board of Directors
3) Corporate bylaws and names of officers authorized to sign contracts or authorize
expenditures.
4) All documentation pertaining to the Standards
Fiscal Practices
The administrators shall manage the program's fiscal affairs with written policies and procedures and
established practices that employ recognized accounting procedures to control and record the
receipt, maintenance and dispersal of funds associated with operation of the program including all
client subsistence, savings and restitution accounts.
Independent Financial Audit
Programs shall submit to the DCJ a complete independent financial audit report conducted by a
Certified Public Accountant, licensed to practice in Colorado. These reports shall be submitted every
third year, on the schedule established by the DCJ. New programs shall submit a complete
independent financial audit report after the first year of operation and shall then follow the financial
audit schedule established for all programs. New programs may request a waiver of the second
financial audit if such audit would be due in less than eighteen months from the completion of the
first audit. Offender funds, if maintained by the program, shall be included in the scope of the
independent financial audit.
Independent financial audits may be required more frequently by individual contracts between the
DCJ and programs and/or if otherwise requested by the DCJ. Such audits may be required more
frequently by subcontract between programs and their local community corrections board.
Independent financial audits shall include any auditors' findings or recommendations communicated
to the program or its parent corporate entity as the result of such audits.
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While DCJ generally does not require submission of any management letter provided to the program
in conjunction with the independent financial audit, programs are expected to provide DCJ any
portion of this letter relevant to DCJ funding. However DCJ reserves the right to request the
management letter in its entirety at its discretion. If the community corrections program is operated
as a unit of government by or by a larger corporate entity, a segment audit or review may be
required by the DCJ and/or local community corrections board. A compilation of internally prepared
financial statements will not be considered to be in compliance with this Standard.
Insurance Coverage
The administrators shall maintain proof of insurance coverage at levels no less than those required in
state contracts at the local program or agency headquarters. Written policies and procedures shall
govern the confidentiality of employee medical records in accordance with current state and federal
law. Employee medical records shall be maintained in a separate individual file.
Policies and Procedures
The program shall maintain a current policy and procedure manual, readily accessible by all staff,
that describes the purpose, philosophy, programs and services, and operating procedures of the
program. The manual shall address all requirements, programs, or services delineated by these
Standards. The program shall operate in accordance with this manual and all staff shall be familiar
with its contents. The manual shall be reviewed at least annually by the governing authority or
program administrator, and updated when necessary. The program shall outline a system to ensure
that changes in program policies and procedures are reviewed, prior to their implementation, with
any state agency or local community corrections board that will be affected by the change.
Victim Rights Act Compliance
Any program supervising offenders serving a sentence for any of the offenses listed within the Victim
Rights Act (VRA) must conform to the requirements of the Colorado Revised Statutes, as amended,
on victim notification requirements. The program shall determine whether any victims have
requested notification under the VRA.
All victim -related documentation shall be kept in a separate confidential file.
DNA Testing
The program shall comply with the DNA testing requirements as specified by Colorado Revised
Statutes, as amended.
Community Corrections Information and Billing (CCIB) System
The program is responsible for entering complete and accurate offender information into the
Community Corrections Information and Billing (CCIB) system. All data shall be entered in accordance
with contract and sub -contract requirements. Data must be entered into CCIB within 5 weekdays
(including holidays) of the offender's arrival at the facility. Offender movements (e.g. jail, hospital,
etc.) must be entered into CCIB within 5 weekdays (including holidays) of the movement. The
offender record must be terminated and completed within 30 days of the discharge date. Corrections
to offender records impacting bills already processed must be approved in writing by the appropriate
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community corrections board and the DCJ Office of Community Corrections.
Organized Information
The program shall have policies, procedures and established practices that ensure all program
documentation is legible, accurate and systematically filed using an organized system of information
collection, retrieval and review. All records, printed or electronic, shall be available upon request,
for review by referral and oversight agencies. Program documentation shall be signed and dated in
accordance with relevant Standards. The signature can be original or documented via electronic
means (electronic signature and/or biometric verification). Electronic signatures and biometric
verification methods must be secure and auditable. The program's Information Technology System
(ITS) shall have a backup system to ensure data retention and availability in accordance with
contract requirements.
Offender Medical Emergencies
The program shall have written policies and procedures and established practices that direct staff
response to offender medical emergencies.
CPR and First Aid Training
All security staff shall be certified in emergency first aid and CPR within the first 90 days of
employment and shall maintain certification throughout the term of their employment. The program
shall have at least one staff member on duty at all times who is certified in emergency first aid and
CPR.
Isolation of Offenders
The program shall have written policies and procedures and established practices that direct the
isolation and observation of offenders who are intoxicated or under the influence of controlled
substance(s).
Assistance by Law Enforcement
The program shall have written policies and procedures and established practices for the assistance
of law enforcement by staff, pursuant to current state statutes and standard rules of evidence.
Policies and procedures shall also establish the requirement to contact law enforcement agencies in
case of an emergency and/or upon discovery of criminal conduct.
Disruption of Normal Work Routines
The program shall have written policies and procedures and established practices that govern
program response to work stoppages, natural disasters, or other disruptions of normal work routines.
"On -call" staff must be able to respond to the facility within 30 minutes. Programs shall have a
relocation and evacuation plan that has been approved by the appropriate Community Corrections
Board, Division of Criminal Justice, and Office of Community Corrections, and referring agencies.
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Transport of Offenders
The program shall have written policies and procedures and established practices that govern the
transportation of offenders by program staff. The transportation of offenders in personal vehicles is
prohibited unless the program provides insurance for such transportation.
FACILITIES
Building Codes and Zoning
The program shall remain in compliance with all applicable building codes and zoning requirements.
Proof of compliance shall be kept on file at each program location.
Fire Inspections
The program shall comply with the regulations of the fire authority having jurisdiction. Compliance
shall be verified by an annual inspection by the local fire department that provides suppression
services. In the event the local authority having jurisdiction does not provide fire code inspection
services, the program shall obtain an annual fire safety inspection from a Colorado certified fire
safety inspector. Proof of compliance shall be kept on file at each program location.
Many areas of the state are protected by volunteer fire departments that may not have qualified fire
inspectors. In areas of the state where there are not certified inspectors, the Colorado Department
of Public Safety, Division of Fire Safety can conduct fire safety inspections at the request of the local
authority having jurisdiction on a fee for service basis. The Division of Fire Safety also maintains a
listing of Colorado certified fire safety inspectors.
Fire Sprinkler and Fire Alarm System
The residential program shalt maintain an automatic sprinkler system, where required by the local
building code. The residential program shall have a fire protection alarm system and an automatic
smoke detection system that is approved by the authority having jurisdiction. All system elements
shall be tested on a quarterly basis; adequacy and operation of the systems are to be approved by a
state fire official or other qualified authority annually. Written documentation shall be maintained
at the facility.
Mattresses and Pillows
The residential program shall provide flame-retardant mattresses and pillows in good condition.
Documentation indicating compliance with fire and safety requirements must be maintained.
Hazardous Materials
The program shall store all flammable liquids and hazardous materials (paint, cleaners, adhesives,
etc.) in their original containers and away from kitchen and dining areas, furnaces, heaters, sleeping
and high traffic areas.
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Fire Drills
All program locations shall conduct random emergency evacuation fire drills at least once quarterly.
Documentation of these drills shall be maintained at each program location. Documentation shall
include the following: time, date, staff initials, number of participants, response time and
comments.
First Aid
Program staff shall have immediate access to a first aid manual and appropriate medical supplies.
Health and Sanitation
The program shall comply with all health and sanitation codes of the jurisdiction having authority.
Written reports of inspections by state and local authorities shall be maintained at each program
location. In the event there are no local city and/or county codes applicable, state codes will
prevail. In the event that no local or state codes are applicable, appropriate national codes shall be
applied.
OFFENDER SERVICES
Case Records
The program shall have written policies and procedures and established practices that govern the
confidentiality of case records and shall address, at a minimum, offender access to records, staff
access, and release of information to third parties. Offender records shall be maintained in
accordance with federal and state laws.
Release of Information
The program shall have written policies and procedures that govern the release of information to
third parties. The program's "Release of Information Form" shall address circumstances under which
releases are permitted and restrictions on the type of information to be released. Staff and agents
of the program shall have clear instructions on the release of information to third parties.
The structure and identification of information to be placed on the form includes, but is not limited
to:
a) Name of person, agency or organization requesting information
b) Name of person, agency or organization releasing information
c) The specific information to be disclosed
d) The purpose or need for the information
e) Expiration date
f) Date consent form is signed
g) Signature of the offender
h) Signature of individual witnessing offender's signature
Copies of the consent form shall be maintained in the offender's file.
5
Secure Storage of Records
The program shall have written policies and procedures and established practices that provide for
secure storage of all case records, logs, and records in accordance with contract requirements.
Records must subsequently be disposed of in a manner ensuring complete confidentiality
Clinical Services
Department of Corrections Clients
For all DOC clients, clinical services delivered by an agency or person not employed by the
community corrections program, shall be delivered by a DOC Approved Treatment Provider.
Exceptions shall be approved by the supervising Community Parole Officer prior to treatment service
delivery.
Sex Offenders
For all offenders required to complete sex offense -specific treatment under Colorado Revised
Statutes or as ordered by the Court, services shall be delivered according to the Sex Offender
Management Board (BOMB) Standards and Guidelines for the Assessment, Evaluation, Treatment, and
Behavioral Monitoring of Adult Sex Offenders as revised. Treatment services shall also be delivered
by a BOMB -Approved Provider. This may include providers that have formally submitted intent to
apply for SOMB approval and that are in good standing with the Division of Criminal Justice, Office of
Domestic Violence and Sex Offender Management based on the application process.
Domestic Violence Offenders
For offenders with domestic violence offenses, or for those who have been court -ordered to
complete domestic violence offender treatment, treatment services shall be delivered according to
the Domestic Violence Offender Management Board (DVOMB) Standards for Treatment with Court
Ordered Domestic Violence Offenders and shall be delivered by a DVOMB-Approved Provider.
Mental Health Needs
For offenders with mental health treatment needs, clinical services shall be provided by a licensed
mental health professional or a person under the supervision of a licensed mental health
professional.
Substance Abuse
For offenders with substance abuse treatment needs, including DUI education and therapy,
treatment services shall be delivered by a provider that is appropriately licensed by the Office of
Behavioral Health (OBH). All treatment providers used shall be appropriately credentialed and
specifically licensed for offender treatment at the modalities for which they provide services,
including DUI Education or Therapy. Services may be delivered by a provider who is under a
provisional license by OBH. Services shall not be delivered by a provider whose license has been put
on probationary status by the OBH.
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Limited Power of Attorney
A Limited Power of Attorney form, signed and dated by the offender and staff, shall govern the
distribution of offender funds, if maintained by the program, in the event of escape in accordance
with statute.
Child Support
The program shall have written policies and procedures and established practices that allow for the
identification of offenders who have court -ordered child support obligations. At a minimum, the
program will address the provision of information to offenders at the initial case management
meeting regarding the process to modify court ordered child support. The program will be compliant
with the procedures established by the DCJ and the Division of Human Services - Child Support
Enforcement regarding the provision of offender information and employment status.
Definitions
Subsistence - An established fee the offender is charged by the program in order to reside in the
residential facility. The annual subsistence maximum is set annually by the General Assembly
through a footnote in the Long Bill.
Condition of Probation Clients - Colorado Revised Statute allows offenders who are sentenced to
probation to be placed in a community corrections program for stabilization and more intensive
supervision if they are at risk of probation revocation. CRS 18-1.3-301 provides "The sentencing
court may also refer any offender to a community corrections program as a condition of probation
pursuant to section 18-1.3-202. Any placement of offenders referred as a direct sentence or as a
condition of probation shall be subject to approval pursuant to section 17-27-103,(5), C.R.S., and
section 17-27-104 (3), C.R.S."
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