HomeMy WebLinkAbout20160544.tiff RESOLUTION
RE: APPROVE MASTER CONTRACT FOR COMMUNITY CORRECTIONS SERVICES AND
AUTHORIZE CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with 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 Community
Corrections, and the Colorado Department of Public Safety, Division of Criminal Justice,
commencing July 1, 2014, and ending June 30, 2019, 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 Community Corrections, and the Colorado Department of
Public Safety Division of Criminal Justice, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said contract.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 8th day of February, A.D., 2016, nunc pro tunc July 1, 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: C� �,( ,,�,/ • t,
!/� v• �C.11o��.c. Mike Freeman Chair
County Clerk to the Board — \--t----
Weld ��
r Sean P. C�-n—way, Pro-Te
BY: (�.P 1l Af� , . I 1,1�-Qi r� ,
D ty Clerk to the Bo rd 1\`\ EL e ozad
APPR D AS Tf‘AM: lul t.i'*r: fik-L<,/, ---
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',:ai:►' -y� ar- Kirkmeyer
• my Attorney L741 - •
.3b Steve Moreno
Date of signature:
2016-0544
JS0005
Justice Services Department
•talLtIogA0 915 10th Street,#334-P.O. Box 758
P yoi Greeley, CO 80632
Phone: (970) 336-7227
Fax: (970)392-4677
Z COUNTY
February 8, 2016
To: Board of County Commissioners
From: Doug Erler, Director
Re: Concerning Master Contract Between the State of Colorado, Department of
Public Safety and Weld County for Ongoing Community Corrections Services
and Authorize Chair to Sign
This item was originally presented to you as a Pass Around on January 26, 2016. It now comes
before you for final review and approval. The Colorado Department of Public Safety is
amending their Master Contracts with all applicable counties and jurisdictions for ongoing
community corrections services to include Weld County. The amendments made in this
contract are simply a re-statement of already stated requirements. The main change is the
creation of an Exhibit I document in the contract.This Exhibit I articulates what are known as
"Basic Operational Requirements of Community Corrections Providers."These requirements
were previously included in the Master Contract but are now separately stated. None are new;
our local vendor and Weld County is and has been following them. The Exhibit I simply now
becomes its own stand-alone document in the contract. I reviewed this re-stated contract with
Frank Haug and we both agree the changes made are minimal. The term of this contract
remains from 2014 to 2019. There are no changes to the current allocation, no additional costs
to Weld County and this will not increase the County's financial liability.
I recommend the board authorize the Chair to sign,thank you.
2016-0544
a) COLORADO
Division of Criminal Justice
Der artment of Put=lic',afety
700 Office of Community100 Corrections RECEIVED
700 Kipling Street.Suite 1000
Lakewood,CO 80215
303.239.4442 APR ( 2016
WELD COUNTY
COMMISSIONERS
February 17, 2016
Board of County Commissioners of Weld County
% County Community Corrections Board
P.O. Box 758
Greeley, CO 80632
Good Day,
Attached you will find the fully executed `Restated Community Corrections Contract' for your judicial
district. This `Restated' contract was required due to changes made in the State contract formatting and
language. Changes were also made to Exhibit A titled Scope of Work and Exhibit I Basic Operational
Requirements of Community Corrections Providers has been added.
Please be advised the previous contract which was executed as of July 1, 2014 CMS #68076 is no longer
valid and is replaced by the attached `Restated' contract. This replacement does not extend the five (5)
year contract period which will end in June 2019.
If you have questions or concerns, please contact Arlene Duran at (303) 239-4548 or
Arlene.duran@state.co.us
Sincerely,
bte
Glenn Tapia
Manager
Office of Community Corrections
A CDPS
Colorado Department of Public Safety ( 700 Kipling Street Suite 1000, Lakewood, CO 80215
John W. Hickenlooper, Governor I Stan Hickey, Executive Director CO
'agog
46,-70"
Routing#CMS WNW
STATE OF COLORADO
Colorado Department of Public Safety
Contract with
Board of County Commissioners of Weld County on behalf of the Weld County
Community Corrections Board
TABLE OF CONTENTS
1. PARTIES 1
2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY 1
3. RECITALS 2
4. DEFINITIONS 2
5.TERM and EARLY TERMINATION 3
6. STATEMENT OF WORK 3
7. PAYMENTS TO CONTRACTOR 3
8. REPORTING-NOTIFICATION 4
9.CONTRACTOR RECORDS 5
10.CONFIDENTIAL INFORMATION-STATE RECORDS 6
11.CONFLICTS OF INTEREST 6
12. REPRESENTATIONS AND WARRANTIES 6
13. INSURANCE 7
14. BREACH 8
15. REMEDIES 9
16.NOTICES and REPRESENTATIVES 10
17. RIGHTS IN DATA, DOCUMENTS,AND COMPUTER SOFTWARE 11
18.GOVERNMENTAL IMMUNITY 11
19. STATEWIDE CONTRACT MANAGEMENT SYSTEM 11
20. GENERAL PROVISIONS 12
21. COLORADO SPECIAL PROVISIONS 14
22. SIGNATURE PAGE 16
EXHIBIT A- STATEMENT OF WORK i
EXHIBIT B-ALLOCATION LETTER ii
EXHIBIT C-REALLOCATION LETTER iii
EXHIBIT D-RESOLUTION, ORDINANCE OR STATUTE AUTHORIZING THE CONTRACTOR TO ENTER
INTO AN AGREEMENT WITH THE STATE TO PROVIDE COMMUNITY CORRECTION SERVICES iv
EXHIBIT E-COLORADO COMMUNITY CORRECTIONS STANDARDS v
EXHIBIT F-COMMUNITY CORRECTIONS MONTH-END EXPENDITURE FORM vi
EXHIBIT G-COLORADO COMMUNITY CORRECTIONS ADMINISTRATIVE EXPENDITURE SUMMARY
FORM vii
EXHIBIT H-THE COMMUNITY CORRECTIONS RISK FACTOR ANALYSIS viii
1. PARTIES
This Contract(hereinafter called"Contract") is entered into by and between the Board of County
Commissioners of Weld County on behalf of the Weld County Community Corrections Board,
conducting its business at 915 10t' Street,#334 P.O.Box 758,Greeley,CO 80632 (hereinafter called
"Contractor"),and the STATE OF COLORADO acting by and through the Department of Public Safety,for
the benefit of the Division of Criminal Justice,Office of Community Corrections(hereinafter called the
"State"or"CDPS"or"OCC"). Contractor and the State hereby agree to the following terms and conditions.
2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY
This Contract shall not be effective or enforceable until it is approved and signed by the Colorado State
Controller or designee(hereinafter called the"Effective Date"). The State shall not be liable to pay or reimburse
Contractor for any performance hereunder including, but not limited to, costs or expenses incurred, or be bound
by any provision hereof prior to the Effective Date.
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Rev 5/1/13
3.RECITALS
A. Authority,Appropriation,and Approval
Authority to enter into this Contract exists in Title 17,Article 27 and Section 18-1.3-301 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.
B. Consideration
The Parties acknowledge that the mutual promises and covenants contained herein and other good and
valuable consideration are sufficient and adequate to support this Contract.
C. 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.
D.References
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.
4.DEFINITIONS
The following terms as used herein shall be construed and interpreted as follows:
A. Budget
"Budget"means the budget for the Work described in Exhibit B.
B. Contract
"Contract"means this Contract, its terms and conditions,attached exhibits,documents incorporated by
reference under the terms of this Contract,and any future modifying agreements,exhibits,attachments or
references incorporated herein pursuant to Colorado State law, Fiscal Rules,and State Controller Policies.
C. Contract Funds
"Contract Funds"means funds available for payment by the State to Contractor pursuant to this Contract.
D. Evaluation
"Evaluation"means the process of examining Contractor's Work and rating it based on criteria established
in§6 and Exhibit"A".
E. Exhibits and other Attachments
The following are attached hereto and incorporated by reference herein: Exhibit A(Statement of Work),
Exhibit B(Prices and Rates),and Exhibit C(Option Letter).
F. Goods
"Goods"means tangible material acquired,produced,or delivered by Contractor either separately or in
conjunction with the Services Contractor renders hereunder.
G.Party or Parties
"Party"means the State or Contractor and"Parties"means both the State and Contractor.
H.Review
"Review"means examining Contractor's Work to ensure that it is adequate,accurate,correct and in
accordance with the criteria established in§6 and Exhibit"A"
I. Services
"Services"means the required services to be performed by Contractor pursuant to this Contract.
J. Subcontractor
"Subcontractor"means third-parties,if any,engaged by Contractor to aid in performance of its obligations.
K.Work
"Work"means the tasks and activities Contractor is required to perform to fulfill its obligations under this
Contract and Exhibit"A", including the performance of the Services and delivery of the Goods.
L. Work Product
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"Work Product"means the tangible or intangible results of Contractor's Work, including,but not limited
to, software,research,reports, studies,data,photographs,negatives or other finished or unfinished
documents,drawings,models,surveys,maps,materials,or work product of any type, including drafts.
5. TERM
A. Initial Term-Work Commencement
The Parties' respective performances under this Contract shall commence on the later of either the
Effective Date or July 1,2014.This Contract shall terminate on June 30,2019 unless sooner terminated or
further extended as specified elsewhere herein.
B.Two Month Extension
The State,at its sole discretion upon written notice to Contractor as provided in§16,may unilaterally
extend the term of this Contract for a period not to exceed two months if the Parties are negotiating a
replacement Contract(and not merely seeking a term extension)at or near the end of any initial term or
renewal term. The provisions of this Contract in effect when such notice is given, including,but not limited
to prices,rates, and delivery requirements, shall remain in effect during the two-month extension.The two
month extension shall immediately terminate when and if a replacement Contract is approved and signed
by the Colorado State Controller.
6. STATEMENT OF WORK
A. Completion
Contractor shall complete the Work and its other obligations as described herein and in Exhibit"A"on or
before June 30,2019.The State shall not be liable to compensate Contractor for any Work performed prior
to the Effective Date or after the termination of this Contract.
B. Goods and Services
Contractor shall procure Goods and Services necessary to complete the Work. Such procurement shall be
accomplished using the Contract Funds and shall not increase the maximum amount payable hereunder by
the State.
C. Employees
All persons employed by Contractor or Subcontractors to perform Work under this Contract shall be
Contractor's or Subcontractors' employee(s)for all purposes hereunder and shall not be employees of the
State for any purpose as a result of this Contract.
7.PAYMENTS TO CONTRACTOR
The State shall, in accordance with the provisions of this §7,pay Contractor in the amounts and using the
method set forth below:
A. Multi Year Obligations
Prior to the beginning of each fiscal year,the State shall send the Contractor an"Allocation Letter",approved
by the State Controller or his designee, sample form attached,marked as Exhibit"B"and incorporated
herein by reference. The Allocation Letter shall include the following conditions:
i. Original maximum annual allocations and rates of reimbursement for each category of community
• corrections funding;
ii. Applicable fiscal year for the allocation and rates of reimbursement
iii. A provision stating that the allocations shall not be valid until approved by the State Controller or his
designee.
iv. Upon proper execution by the State, such Allocation Letter shall become an amendment to this
contract.
v. The State may allocate more or less funds available on this contract using a Reallocation Letter
substantially equivalent to Exhibit"C", sample form attached and incorporated herein by reference,
and bearing the approval of the State Controller or his designee. The Reallocation Letter shall not be
deemed valid until it has been approved by the State Controller or his designee.
B.Payment
i.Advance,Interim and Final Payments
Page 3 of 16
Any advance payment allowed under this Contract or in Exhibit"A"shall comply with State Fiscal
Rules and be made in accordance with the provisions of this Contract or such Exhibit. Contractor shall
initiate any payment requests by submitting invoices to the State in the form and manner set forth in
approved by the State.
ii.Interest
The State shall fully pay each invoice within 45 days of receipt thereof if the amount invoiced
represents performance by Contractor previously accepted by the State.Uncontested amounts not paid
by the State within 45 days shall bear interest on the unpaid balance beginning on the 46th day at a
rate not to exceed one percent per month until paid in full;provided,however,that interest shall not
accrue on unpaid amounts that are subject to a good faith dispute. Contractor shall invoice the State
separately for accrued interest on delinquent amounts. The billing shall reference the delinquent
payment,the number of day's interest to be paid and the interest rate.
iii.Available Funds-Contingency-Termination
The State is prohibited by law from making commitments beyond the term of the State's current fiscal
year. Therefore,Contractor's compensation beyond the State's current Fiscal Year is contingent upon
the continuing availability of State appropriations as provided in the Colorado Special Provisions. If
federal funds are used to fund this Contract, in whole or in part,the State's performance hereunder is
contingent upon the continuing availability of such funds.Payments pursuant to this Contract shall be
made only from available funds encumbered for this Contract and the State's liability for such
payments shall be limited to the amount remaining of such encumbered funds. If State or federal funds
are not appropriated,or otherwise become unavailable to fund this Contract,the State may terminate
this Contract immediately, in whole or in part,without further liability in accordance with the
provisions hereof.
iv. Erroneous Payments
At the State's sole 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,may be recovered from Contractor by deduction from subsequent payments under this
Contract or other contracts,grants or agreements between the State and Contractor or by other
appropriate methods and collected as a debt due to the State. Such funds shall not be paid to any
person or entity other than the State.
C. Use of Funds
Contract Funds shall be used only for eligible costs identified herein and/or in the Budget.
8.REPORTING-NOTIFICATION
Reports,Evaluations,and Reviews required under this §8 shall be in accordance with the procedures of and in
such form as prescribed by the State and in accordance with §19, if applicable.
A.Performance,Progress,Personnel,and Funds
Contractor shall submit a report to the State upon expiration or sooner termination of this Contract,
containing an Evaluation and Review of Contractor's performance and the final status of Contractor's
obligations hereunder. In addition, Contractor shall comply with all reporting requirements, if any, set forth
in Exhibit"A"
B.Litigation Reporting
Within 10 days after being served with any pleading in a legal action filed with a court or administrative
agency,related to this Contract or which may affect Contractor's ability to perform its obligations
hereunder,Contractor shall notify the State of such action and deliver copies of such pleadings to the
State's principal representative as identified herein. If the State's principal representative is not then
serving, such notice and copies shall be delivered to the Executive Director of the Colorado Department of
Public Safety.
C. Performance Outside the State of Colorado and/or the United States
Following the Effective Date, Contractor shall provide written notice to the State,in accordance with§16
(Notices and Respresentatives),within 20 days of the earlier to occur of Contractor's decision to perform,
or its execution of an agreement with a Subcontractor to perform, Services outside the State of Colorado
and/or the United States. Such notice shall specify the type of Services to be performed outside the State of
Page4of16
Colorado and/or the United States and the reason why it is necessary or advantageous to perform such
Services at such location or locations. All notices received by the State pursuant to this §8.C shall be
posted on the Colorado Department of Personnel&Administration's website. Knowing failure by
Contractor to provide notice to the State under this §8.C shall constitute a material breach of this Contract.
D.Noncompliance
Contractor's failure to provide reports and notify the State in a timely manner in accordance with this§16
may result in the delay of payment of funds and/or termination as provided under this Contract.
E. Subcontracts
Copies of any and all subcontracts entered into by Contractor to perform its obligations hereunder shall be
submitted to the State or its principal representative upon request by the State.Any and all subcontracts
entered into by Contractor related to its performance hereunder shall comply with all applicable federal and
state laws and shall provide that such subcontracts be governed by the laws of the State of Colorado.
9. CONTRACTOR RECORDS
A. Maintenance
Contractor shall make,keep,maintain,and allow inspection and monitoring by the State of a complete file
of all records,documents,communications, and notes and other written materials,electronic media files,
and communications,pertaining in any manner to the Work or the delivery of Services or Goods hereunder.
Contractor shall maintain such records until the last to occur of: (i)a period of seven years after the date
this Contract expires or is sooner terminated,or(ii)final payment is made hereunder,or(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,until such audit has been completed and its findings have been resolved(collectively,the
"Record Retention Period").
B.Inspection
Contractor shall permit the State,the federal government and any other duly authorized agent of a
governmental agency to audit,inspect, examine,excerpt,copy and/or transcribe Contractor's records
related to this Contract during the Record Retention Period for a period of seven years following
termination of this Contract or final payment hereunder,whichever is later,to assure compliance with the
terms hereof or to evaluate performance hereunder. The State reserves the right to inspect the Work at all
reasonable times and places during the term of this Contract, including any extensions or renewals. If the
Work fails to conform to the requirements of this Contract,the State may require Contractor promptly to
bring the Work into conformity with Contract requirements,at Contractor's sole expense. If the Work
cannot be brought into conformance by re-performance or other corrective measures,the State may require
Contractor to take necessary action to ensure that future performance conforms to Contract requirements
and exercise the remedies available under this Contract,at law or in equity, in lieu of or in conjunction with
such corrective measures.
C. Monitoring
Contractor shall permit the State,the federal government,and governmental agencies having jurisdiction,
in their sole discretion,to monitor all activities conducted by Contractor pursuant to the terms of this
Contract using any reasonable procedure, including,but not limited to: internal evaluation procedures,
examination of program data, special analyses,on-site checking,formal audit examinations,or any other
procedures.All monitoring controlled by the State shall be performed in a manner that shall not unduly
interfere with Contractor's performance hereunder.
D. Information Provided
The Contractor shall ensure that its subcontractors provide information upon request of the appropriate
DOC/SJB officers regarding the activities and adjustment of offenders assigned to their program. The
Contractor shall ensure that its subcontractors collect,maintain and make available to DOC/SJB ongoing
data regarding employment,alcohol abuse,drug abuse,psychological programs and treatment,vocational
or educational needs and service,re-arrest or other criminal activity,and court imposed fines and restitution
and that such subcontractors make timely entries of such data into the Community Corrections Information
and Billing computer system, as the State may require.
E. Financial Audit
Page 5 of 16
The Contractor shall ensure that its subcontractors provide to the State an independent financial audit
report(s)which covers the agency's fiscal year(s)relevant to the contract period. Such materials shall be
provided to the State every three years within six(6)months of the end of the fiscal year 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.
F.Final Audit Report
If an audit is performed on Contractor's records for any fiscal year covering a portion of the term of this
Contract,Contractor shall submit a copy of the final audit report to the State or its principal representative
at the address specified herein.
10. CONFIDENTIAL INFORMATION-STATE RECORDS
Contractor shall comply with the provisions of this §10 if it becomes privy to confidential information in
connection with its performance hereunder. Confidential information includes,but is not necessarily limited to,
any state records,personnel records,and information concerning individuals. Such information shall not include
information required to be disclosed pursuant to the Colorado Open Records Act,CRS §24-72-101,et seq.
A. Confidentiality
Contractor shall keep all State records and information confidential at all times and comply with all laws
and regulations concerning confidentiality of information.Any request or demand by a third party for State
records and information in the possession of Contractor shall be immediately forwarded to the State's
principal representative.
B.Notification
Contractor shall notify its agent,employees, Subcontractors and assigns who may come into contact with
State records and confidential information that each is subject to the confidentiality requirements set forth
herein,and shall provide each with a written explanation of such requirements before permitting them to
access such records and information.
C.Use,Security,and Retention
Confidential information of any kind shall not be distributed or sold to any third party or used by
Contractor or its agents in any way, except as authorized by this Contract or approved in writing by the
State. Contractor shall provide and maintain a secure environment that ensures confidentiality of all State
records and other confidential information wherever located. Confidential information shall not be retained
in any files or otherwise by Contractor or its agents,except as permitted in this Contract or approved in
writing by the State.
D. Disclosure-Liability
Disclosure of State records or other confidential information by Contractor for any reason may be cause for
legal action by third parties against Contractor,the State or their respective agents.Contractor shall
indemnify, save, and hold harmless the State,its employees and agents,against any and all claims,
damages, liability and court awards including costs,expenses, and attorney fees and related costs, incurred
as a result of any act or omission by Contractor,or its employees,agents, Subcontractors,or assignees
pursuant to this§10.
11. CONFLICTS OF INTEREST
Contractor shall not engage in any business or personal activities or practices or maintain any relationships
which conflict in any way with the full performance of Contractor's obligations hereunder.Contractor
acknowledges that with respect to this Contract,even the appearance of a conflict of interest is 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 to
the State hereunder. If a conflict or appearance exists,or if Contractor is uncertain whether a conflict or the
appearance of a conflict of interest exists, 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 apparent conflict constitutes a breach of this Contract.
12.REPRESENTATIONS AND WARRANTIES
Contractor makes the following specific representations and warranties,each of which was relied on by the State
in entering into this Contract.
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mumnumeir
A. Standard and Manner of Performance
Contractor shall perform its obligations hereunder in accordance with the highest standards of care,skill
and diligence in Contractor's industry,trade,or profession and in the sequence and manner set forth in this
Contract.
B.Legal Authority—Contractor Signatory
Contractor warrants that it possesses the legal authority to enter into this Contract and that it has taken all
actions required by its procedures,and by-laws,and/or applicable laws to exercise that authority,and to
lawfully authorize its undersigned signatory to execute this Contract, or any part thereof, and to bind
Contractor to its terms. If requested by the State,Contractor shall provide the State with proof of
Contractor's authority to enter into this Contract within 15 days of receiving such request.
C. Licenses,Permits,Etc.
Contractor represents and warrants that as of the Effective Date it has,and that at all times during the term
hereof it shall have and maintain,at its sole expense,all licenses,certifications,approvals, insurance,
permits,and other authorizations required by law to perform its obligations hereunder.Contractor warrants
that it shall maintain all necessary licenses,certifications,approvals, insurance,permits,and other
authorizations required to properly perform this Contract,without reimbursement by the State or other
adjustment in Contract Funds.Additionally,all employees, agents,and Subcontractors of Contractor
performing Services under this Contract shall hold all required licenses or certifications, if any,to perform
their responsibilities. Contractor, if a foreign corporation or other foreign entity transacting business in the
State of Colorado,further warrants that it currently has obtained and shall maintain any applicable
certificate of authority to transact business in the State of Colorado and has designated a registered agent in
Colorado to accept service of process.Any revocation,withdrawal or non-renewal of licenses,
certifications,approvals, insurance,permits or any such similar requirements necessary for Contractor to
properly perform the terms of this Contract is a material breach by Contractor and constitutes grounds for
termination of this Contract.
13.INSURANCE
Contractor and its Subcontractors shall obtain and maintain insurance as specified in this section at all times
during the term of this Contract.All policies evidencing the insurance coverage required hereunder shall be
issued by insurance companies satisfactory to Contractor and the State.
A. Contractor
i.Public Entities
If Contractor is a"public entity"within the meaning of the Colorado Governmental Immunity Act,
CRS §24-10-101, et seq., as amended(the"GIA"),then Contractor shall maintain 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. Contractor shall show proof of such insurance
satisfactory to the State, if requested by the State. Contractor shall require each contract with a
Subcontractor that is a public entity,to include the insurance requirements necessary to meet such
Subcontractor's liabilities under the GIA.
ii.Non-Public Entities
If Contractor is not a"public entity"within the meaning of the GIA,Contractor shall obtain and
maintain during the term of this Contract insurance coverage and policies meeting the same
requirements set forth in§13(B)with respect to Subcontractors that are not"public entities".
B. Contractors- Subcontractors
Contractor shall require each contract with Subcontractors other than those that are public entities,
providing Goods or Services in connection with this Contract,to include insurance requirements
substantially similar to the following:
i.Worker's Compensation
Worker's Compensation Insurance as required by State statute,and Employer's Liability Insurance
covering all of Contractor or Subcontractor employees acting within the course and scope of their
employment.
ii. General Liability
Page 7 of 16
Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or
equivalent,covering premises operations,fire damage, independent contractors,products and
completed operations,blanket contractual liability,personal injury,and advertising liability with
minimum limits as follows: (a) $1,000,000 each occurrence; (b)$1,000,000 general aggregate; (c)
$1,000,000 products and completed operations aggregate;and(d) $50,000 any one fire.
If any aggregate limit is reduced below$1,000,000 because of claims made or paid, Subcontractor
shall immediately obtain additional insurance to restore the full aggregate limit and furnish to
Contractor a certificate or other document satisfactory to Contractor showing compliance with this
provision.
iii.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.
iv.Additional Insured
The State shall be named as additional insured on all Commercial General Liability and Automobile
Liability Insurance policies(leases and construction contracts require additional insured coverage for
completed operations on endorsements CG 2010 11/85, CG 2037,or equivalent)required of
Contractor and any Subcontractors hereunder.
v.Primacy of Coverage
Coverage required of Contractor and Subcontractor shall be primary over any insurance or self-
insurance program carried by Contractor or the State.
vi. Cancellation
The above insurance policies shall include provisions preventing cancellation or non-renewal without
at least 30 days prior notice to Contractor and Contractor shall forward such notice to the State in
accordance with§16(Notices and Representatives)within seven days of Contractor's receipt of such
notice.
vii. Subrogation Waiver
All insurance policies in any way related to this Contract and secured and maintained by Contractor or
its Subcontractors as required herein 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.
C. Certificates
Contractor and all Subcontractors shall provide certificates showing insurance coverage required hereunder
to the State within seven business days of the Effective Date of this Contract.No later than 15 days prior to
the expiration date of any such coverage, Contractor and each Subcontractor shall deliver to the State or
Contractor certificates of insurance evidencing renewals thereof. In addition,upon request by the State at
any other time during the term of this Contract or any subcontract,Contractor and each Subcontractor shall,
within 10 days of such request, supply to the State evidence satisfactory to the State of compliance with the
provisions of this§13.
14.BREACH
A.Defined
In addition to any breaches specified in other sections of this Contract,the failure of either Party to perform
any of its material obligations hereunder,in whole or in part or in a timely or satisfactory manner,
constitutes a breach. 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 20 days after the institution or occurrence
thereof, shall also constitute a breach.
B.Notice and Cure Period
In the event of a breach,notice of such shall be given in writing by the aggrieved Party to the other Party in
the manner provided in§16. If such breach is not cured within 30 days of receipt of written notice,or if a
cure cannot be completed within 30 days, or if cure of the breach has not begun within 30 days and pursued
with due diligence,the State may exercise any of the remedies set forth in§15.Notwithstanding anything
to the contrary herein,the State, in its sole discretion,need not provide advance notice or a cure period and
Page 8 of 16
may immediately terminate this Contract in whole or in part if reasonably necessary to preserve public
safety or to prevent immediate public crisis.
15.REMEDIES
If Contractor is in breach under any provision of this Contract,the State shall have all of the remedies listed in
this §15 in addition to all other remedies set forth in other sections of this Contract following the notice and cure
period set forth in §14(B).The State may exercise any or all of the remedies available to it, in its sole discretion,
concurrently or consecutively.
A. Termination for Cause and/or Breach
The State may terminate this entire Contract or any part of this Contract. Exercise by the State of this right
shall not be a breach of its obligations hereunder. Contractor shall continue performance of this Contract to
the extent not terminated, if any.
i. Obligations and Rights
To the extent specified in any termination notice,Contractor shall not incur further obligations or
render further performance hereunder 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, Services and Goods not cancelled by the termination notice and may incur
obligations as are necessary to do so within this Contract's terms.At the sole discretion of the State,
Contractor shall assign to the State all of Contractor's right,title,and interest under 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 in which the State has an
interest.All materials owned by the State in the possession of Contractor shall be immediately
returned to the State.All Work Product,at the option of the State,shall be delivered by Contractor to
the State and shall become the State's property.
ii. Payments
The State shall reimburse Contractor only for accepted performance up to the date of termination. If,
after termination by the State, it is determined 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 the same as if this Contract had been
terminated in the public interest,as described herein.
iii.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 by virtue of any breach under this Contract by Contractor and the
State may withhold any 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 loss as a result of outstanding liens, claims of former lien holders,or for the
excess costs incurred in procuring similar goods or services. Contractor shall be liable for excess costs
incurred by the State in procuring from third parties replacement Work, Services or substitute Goods
as cover.
B.Early Termination in the Public Interest
The State is entering into this Contract for the purpose of carrying out the public policy of the State of
Colorado, as determined by its Governor, General Assembly,and/or Courts. If this Contract ceases to
further the public policy of the State,the State, in its sole discretion,may terminate this Contract in whole
or in part. Exercise by the State of this right shall not constitute a breach of the State's obligations
hereunder. This subsection shall not apply to a termination of this Contract by the State for cause or breach
by Contractor,which shall be governed by§15(A)or as otherwise specifically provided for herein.
i. Method and Content
The State shall notify Contractor of such termination in accordance with§16.The notice shall specify
the effective date of the termination and whether it affects all or a portion of this Contract.
ii. Obligations and Rights
Upon receipt of a termination notice,Contractor shall be subject to and comply with the same
obligations and rights set forth in§15(A)(i).
Page 9 of 16
iii.Payments
If this Contract is terminated by the State pursuant to this§15(B),Contractor shall be paid an amount
which bears the same ratio to the total reimbursement under this Contract as Contractor's obligations
that were satisfactorily performed bear to the total obligations set forth in this Contract, less payments
previously made. Additionally, if this Contract is less than 60%completed,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 hereunder; provided that the sum of any and all reimbursement shall not
exceed the maximum amount payable to Contractor hereunder.
C.Remedies Not Involving Termination
The State, in its sole discretion,may exercise one or more of the following remedies in addition to other
remedies available to it:
i. Suspend Performance
Suspend Contractor's performance with respect to all or any portion of this Contract pending
necessary corrective action as specified by the State without entitling Contractor to an adjustment in
price/cost or performance schedule. Contractor shall promptly cease performance 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 under this provision.
ii.Withhold Payment
Withhold payment to Contractor until corrections in Contractor's performance are satisfactorily made
and completed.
iii.Deny Payment
Deny payment for those obligations not performed,that due to Contractor's actions or inactions,
cannot be performed or, if performed,would be of no value to the State;provided,that any denial of
payment shall be reasonably related to the value to the State of the obligations not performed.
iv.Removal
Notwithstanding any other provision herein,the State may demand immediate removal of any of
Contractor's employees,agents,or Subcontractors whom the State deems incompetent,careless,
insubordinate, unsuitable,or otherwise unacceptable,or whose continued relation to this Contract is
deemed to be contrary to the public interest or the State's best interest.
v.Intellectual Property
If Contractor infringes on a patent,copyright,trademark,trade secret or other intellectual property
right while performing its obligations under this Contract,Contractor shall,at the State's option(a)
obtain for the State or Contractor the right to use such products and services; (b)replace any Goods,
Services, or other product involved with non-infringing products or modify them so that they become
non-infringing; or,(c)if neither of the foregoing alternatives are reasonably available,remove any
infringing Goods, Services,or products and refund the price paid therefore to the State.
16.NOTICES and REPRESENTATIVES
Each individual identified below is the principal representative of the designating Party.All notices required to
be given hereunder shall be hand delivered with receipt required or sent by certified or registered mail to such
Party's principal representative at the address set forth below. In addition to,but not in lieu of a hard-copy
notice,notice also may be sent by e-mail to the e-mail addresses, if any, set forth below.Either Party may from
time to time designate by written notice substitute addresses or persons to whom such notices shall be sent.
Unless otherwise provided herein,all notices shall be effective upon receipt.
A. State:
Jeanne Smith
Department of Public Safety
Division of Criminal Justice
700 Kipling Street, Suite 1000
Denver,CO 80215
jeanne.smith@state.co.us
Page 10 of 16
B. Contractor:
Douglas Erler
Weld County Justice Services
Department
915 10th Street,#334
P.O.Box 758
Greeley,CO 80632
derler@co.weld.co.us
17.RIGHTS IN DATA,DOCUMENTS,AND COMPUTER SOFTWARE
Any software,research,reports, studies,data,photographs,negatives or other documents,drawings,models,
materials,or Work Product of any type, including drafts,prepared by Contractor in the performance of its
obligations under this Contract shall be the exclusive property of the State and,all Work Product shall be
delivered to the State by Contractor upon completion or termination hereof.The State's exclusive rights in such
Work Product shall include,but not be limited to,the right to copy,publish,display,transfer,and prepare
derivative works.Contractor shall not use,willingly allow,cause or permit such Work Product to be used for
any purpose other than the performance of Contractor's obligations hereunder without the prior written consent
of the State.
18. GOVERNMENTAL IMMUNITY
Liability for claims for injuries to persons or property arising from the negligence of the State of Colorado, its
departments, institutions, agencies,boards,officials,and employees is controlled and limited by the provisions
of the Governmental Immunity Act§24-10-101,et seq. and the risk management statutes,CRS §24-30-1501,et
seq.,as amended.
19. 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 anytime thereafter,this §19 applies.
Contractor agrees to be governed,and to abide,by the provisions of CRS §24-102-205, §24-102-206, §24-103-
601, §24-103.5-101 and §24-105-102 concerning the monitoring of vendor performance on state contracts and
inclusion of contract performance information in a statewide contract management system.
Contractor's performance shall be subject to Evaluation and Review in accordance with the terms and
conditions of this Contract, State law, including CRS §24-103.5-101,and State Fiscal Rules,Policies and
Guidance. Evaluation and Review of Contractor's performance shall be part of the normal contract
administration process and Contractor's performance will be systematically recorded in the statewide Contract
Management System. Areas of Evaluation and Review shall include,but shall not be limited to quality,cost and
timeliness. Collection of information relevant to the performance of Contractor's obligations under this Contract
shall be determined by the specific requirements of such obligations and shall include factors tailored to match
the requirements of Contractor's obligations. Such performance information shall be entered into the statewide
Contract Management System at intervals established herein and a final Evaluation,Review and Rating shall be
rendered within 30 days of the end of the Contract term.Contractor shall be notified following each
performance Evaluation and Review, and shall address or correct any identified problem in a timely manner and
maintain work progress.
Should the final performance Evaluation and Review determine that Contractor demonstrated a gross failure to
meet the performance measures established hereunder,the Executive Director of the Colorado Department of
Personnel and Administration(Executive Director),upon request by the Department of Public Safety,and
showing of good cause,may debar Contractor and prohibit Contractor from bidding on future contracts.
Contractor may contest the final Evaluation,Review and Rating by: (a)filing rebuttal statements,which may
result in either removal or correction of the evaluation(CRS §24-105-102(6)),or(b)under CRS §24-105-
102(6),exercising the debarment protest and appeal rights provided in CRS §§24-109-106, 107,201 or 202,
Page 11 of 16
which may result in the reversal of the debarment and reinstatement of Contractor,by the Executive Director,
upon a showing of good cause.
20. GENERAL PROVISIONS
A.Assignment and Subcontracts
Contractor's rights and obligations hereunder are personal and may not be transferred,assigned or
subcontracted without the prior,written consent of the State.Any attempt at assignment,transfer,
subcontracting without such consent shall be void.All assignments, subcontracts,or Subcontractors
approved by Contractor or the State are subject to all of the provisions hereof.Contractor shall be solely
responsible for all aspects of subcontracting arrangements and performance.
B. Binding Effect
Except as otherwise provided in§20(A), all provisions herein contained, including the benefits and
burdens, shall extend to and be binding upon the Parties' respective heirs, legal representatives, successors,
and assigns.
C. Captions
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.
D. Counterparts
This Contract may be executed in multiple identical original counterparts,all of which shall constitute one
agreement.
E. Entire Understanding
This Contract represents the complete integration of all understandings between the Parties and all prior
representations and understandings,oral or written,are merged herein.Prior or contemporaneous additions,
deletions, or other changes hereto shall not have any force or effect whatsoever,unless embodied herein.
F.Indemnification
To the extent permitted by law,Contractor shall indemnify, save,and hold harmless the State, its
employees and agents,against any and all claims,damages, liability and court awards including costs,
expenses,and attorney fees and related costs,incurred as a result of any act or omission by Contractor,or
its employees, agents, Subcontractors, or assignees pursuant to the terms of this Contract;however,the
provisions hereof shall not be construed or interpreted as a waiver, express or implied,of any of the
immunities,rights,benefits,protection,or other provisions,of the Colorado Governmental Immunity Act,
CRS §24-10-101 et seq., or the Federal Tort Claims Act,28 U.S.C.2671 et seq.,as applicable,as now or
hereafter amended.
G.Jurisdiction and Venue
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.
H.Modification
i. By the Parties
Except as specifically provided in this Contract,modifications of this Contract shall not be effective
unless agreed to in writing by the Parties in an amendment to this Contract,properly executed and
approved in accordance with applicable Colorado State law, State Fiscal Rules.Modifications
permitted under this Contract,other than contract amendments, shall be conform the Policies of the
Office of the State Controller, including,but not limited to,the policy entitled MODIFICATIONS OF
CONTRACTS -TOOLS AND FORMS.
ii.By Operation of Law
This Contract is subject to such modifications as may be required by changes in Federal or Colorado
State law, or their implementing regulations.Any such required modification automatically shall be
incorporated into and be part of this Contract on the effective date of such change,as if fully set forth
herein.
I. Order of Precedence
The provisions of this Contract shall govern the relationship of the Parties. In the event of conflicts or
inconsistencies between this Contract and its exhibits and attachments, including,but not limited to,those
Page 12 of 16
provided by Contractor, such conflicts or inconsistencies shall be resolved by reference to the documents in
the following order of priority:
i.Colorado Special Provisions,
ii.The provisions of the main body of this Contract,
iii.Exhibit A—Statement of Work
iv. Exhibit B—Allocation Letter,
v. Exhibit C—Reallocation(Funding)Letter,
vi. Exhibit D—Resolution,ordinance or statute authorizing the Contractor to enter into an
agreement with the State to provide community correction services,
vii.Exhibit E—Colorado Community Corrections Standards,
viii. Exhibit F—Community Corrections Month-End Expenditure Form,
ix. Exhibit G—Colorado Community Corrections Administrative Expenditure Summary Form,
x. Exhibit H-The Community Corrections Risk Factor Analysis.
J. Severability
Provided this Contract can be executed and performance of the obligations of the Parties accomplished
within its intent,the provisions hereof are severable and any provision that is declared invalid or becomes
inoperable for any reason shall not affect the validity of any other provision hereof,provided that the
Parties can continue to perform their obligations under this Contract in accordance with its intent.
K. Survival of Certain Contract Terms
Notwithstanding anything herein to the contrary,provisions of this Contract requiring continued
performance,compliance,or effect after termination hereof,shall survive such termination and shall be
enforceable by the State if Contractor fails to perform or comply as required.
L. Taxes
The State is exempt from all federal excise taxes under IRC Chapter 32(No. 84-730123K)and from all
State and local government sales and use taxes under CRS §§39-26-101 and 201 et seq. Such exemptions
apply when materials are purchased or services are rendered to benefit the State; provided however,that
certain political subdivisions(e.g.,City of Denver)may require payment of sales or use taxes even though
the product or service is provided to the State. Contractor shall be solely liable for paying such taxes as the
State is prohibited from paying or reimbursing Contractor for such taxes.
M. Third Party Beneficiaries
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 the Contract,and
do not create any rights for such third parties.
N. Waiver
Waiver of any breach under a term,provision,or requirement of this Contract,or any right or remedy
hereunder,whether explicitly or by lack of enforcement, shall not be construed or deemed as a waiver of
any subsequent breach of such term,provision or requirement, or of any other term,provision,or
requirement.
O. CORA Disclosure
To the extent not prohibited by federal law,this Contract and the performance measures and standards
under CRS §24-103.5-101, if any,are subject to public release through the Colorado Open Records Act,
CRS §24-72-101,et seq.
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Page 13 of 16
21. COLORADO SPECIAL PROVISIONS
These Special Provisions apply to all Contracts except where noted in italics.
A. 1. CONTROLLER'S APPROVAL.CRS§24-30-202 (1).
This Contract shall not be valid until it has been approved by the Colorado State Controller or designee.
B. 2.FUND AVAILABILITY. CRS§24-30-202(5.5).
Financial obligations of the State payable after the current fiscal year are contingent upon funds for that
purpose being appropriated,budgeted,and otherwise made available.
C. 3.GOVERNMENTAL IMMUNITY.
No term or condition of this Contract shall be construed or interpreted as a waiver,express or implied,of
any of the immunities,rights,benefits,protections,or other provisions,of the Colorado Governmental
Immunity Act,CRS §24-10-101 et seq., or the Federal Tort Claims Act,28 U.S.C. §§1346(b)and 2671 et
seq.,as applicable now or hereafter amended.
D. 4.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 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.Unemployment insurance benefits will be available to
Contractor and its employees and agents only if such coverage is made available by Contractor or a third
party. Contractor shall pay when due all applicable employment taxes and income taxes and local head
taxes incurred pursuant to this Contract. 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 shall
(a)provide and keep in force workers'compensation and unemployment compensation insurance in the
p
amounts required by law,(b)provide proof thereof when requested by the State,and(c)be solely
responsible for its acts and those of its employees and agents.
E. 5.COMPLIANCE WITH LAW.
Contractor shall strictly 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.
F. 6.CHOICE OF LAW.
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.Any provision incorporated
herein by reference which purports to negate this or any other Special Provision in whole or in part shall
not be valid or enforceable or available in any action at law,whether by way of complaint,defense,or
otherwise.Any provision rendered null and void by the operation of this provision shall not invalidate the
remainder of this Contract,to the extent capable of execution.
G. 7.BINDING ARBITRATION PROHIBITED.
The State of Colorado does not agree to binding arbitration by any extra judicial body or person.Any
provision to the contrary in this Contract or incorporated herein by reference shall be null and void.
H. 8.SOFTWARE PIRACY PROHIBITION.Governor's Executive Order D 002 00.
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.
Page 14 of 16
I. 9.EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST.CRS§024-18-201 and 24-50-
507.
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.
J. 10.VENDOR OFFSET.CRS§024-30-202(1)and 24-30-202.4.
[Not applicable to intergovernmental agreements] Subject to CRS §24-30-202.4(3.5),the State Controller
may withhold payment under the State's vendor offset intercept system for debts owed to State agencies
for: (a)unpaid child support debts or child support arrearages;(b)unpaid balances of tax,accrued interest,
or other charges specified in CRS §39-21-101,et seq.;(c)unpaid loans due to the Student Loan Division of
the Department of Higher Education; (d)amounts required to be paid to the Unemployment Compensation
Fund; and(e)other unpaid debts owing to the State as a result of final agency determination or judicial
action.
K. 11.PUBLIC CONTRACTS FOR SERVICES.CRS§8-17.5-101.
[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 program established pursuant to CRS §8-17.5-102(5)(c), 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(a)shall not use E-Verify
Program or State program procedures to undertake pre-employment screening of job applicants while this
Contract is being performed,(b)shall notify the Subcontractor and the contracting State agency within
three days if Contractor has actual knowledge that a Subcontractor is employing or contracting with an
illegal alien for work under this Contract,(c)shall terminate the subcontract if a Subcontractor does not
stop employing or contracting with the illegal alien within three days of receiving the notice,and(d)shall
comply with reasonable requests made in the course of an investigation,undertaken pursuant to CRS §8-
17.5-102(5),by the Colorado Department of Labor and Employment. If Contractor participates in the State
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 State program. If
Contractor fails to comply with any requirement of this provision or CRS §8-17.5-101 et seq.,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.
L. 12.PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS§24-76.5-101.
Contractor, if a natural person eighteen(18)years of age or older,hereby swears and affirms under penalty
of perjury that he or she(a)is a citizen or otherwise lawfully present in the United States pursuant to
federal law,(b) shall comply with the provisions of CRS §24-76.5-101 et seq.,and(c)has produced one
form of identification required by CRS §24-76.5-103 prior to the effective date of this Contract.
SPs Effective 1/1/09
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Page 15of16
22. SIGNATURE PAGE 7)9.Contract Routing Number#$96'Qr
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
*Persons signing for Contractor hereby swear and affirm that they are authorized to act on Contractor's behalf and
acknowledge that the State is relying on their representations to that effect.
CONTRACTOR STATE OF COLORADO
WELD COUNTY
By: Mike Freeman,Chair John W.Hickenlooper,Governor
Title: Board of Weld County Commissioners Department of Public Safety
James H. Davis, Executive Director
*Signature
45‘3.
By: Jeanne Smith, Director
Date:
FEB 0 8-2016 Division of Criminal Justice
Signatory avers to the State Controller or delegate that
Contractor has not begun performance or that a Statutory
Violation waiver has been requested under Fiscal Rules
Date: /,‘
2nd Contractor Signature if Needed LEGAL REVIEW
By: N/A John W. Suthers,Attorney General
Title:N/A
By:
Signature-Assistant Attorney General
*Signature
Date: Date:
ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS§24-30-202 requires the State Controller to approve all State Contracts.This Contract is not valid until signed and dated
below by the State Controller or delegate.Contractor is not authorized to begin performance until such time.If Contractor
begins performing prior thereto,the State of Colorado is not obligated to pay Contractor 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: / <p
Page 16 of 16 c10l(p-0`5'/ �
RE: CONCERNING MASTER CONTRACT BETWEEN THE STATE OF COLORADO,
DEPARTMENT OF PUBLIC SAFETY AND WELD COUNTY FOR ONGOING COMMUNITY
CORRECTIONS SERVICES AND AUTHORIZE THE CHAIR TO SIGN
ATTEST: `14144;11 BOARD OF COUNTY COMMISSIONERS
Weld C my Clerk to the Bo rd WE, 1
WELD COUNTY, COLORADO
BY: /6440( 1I 14...e._
Deputy Cleric to the Boar Mike Freeman, Chair FEB 0 8 2016
slid
APPROVED AS TO FUNDI�,� � a`� PPROVED AS TO SUBSTANCE:
04a4.6k4
Controller / ? ''•����`� 3ected Official r +epa ent Head
APPR D AS T FORM: ��i I �
A -
%•-.r_ Director of General Services
County Attorney 4
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 CRS §17-27-101 et seq.and CRS §18-1.3-301, as amended.
B. Subcontract.
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 agree to comply with the terms and provisions of this
Contract and all applicable sections of CRS §17-27-101 et seq. and CRS §18-1.3-301,as
amended. The Contractor shall include all requirements of this Contract in all subcontracts
with Subcontractors.
2) Contractor shall provide copies of all subcontracts to the State within ninety(90)days
following the beginning of the State 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) Contractor shall be responsible for all Subcontractor performance obligations even if the
State is contracting directly with a community corrections program that provides services and
supervision for offenders.
4) The Colorado Community Corrections Risk Factor Analysis published pursuant to C.R.S.
§17-27-108(2)(b)(II)(B)is attached to this contract as Exhibit"H",and is incorporated by
reference.
5) In each Contract year,the State shall publish and transmit to Contractor the revised Risk
Factor Analysis.
6) Except as otherwise provided in subsections 7)and 8)below,the Contractor shall not
disburse any funds allocated pursuant to this Contract for Services rendered by any
community corrections program or provider at any location that has been designated as a
"Level 1"program or provider pursuant to the two most recently revised Risk Factor
Analysis publications.
1
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7) The Contractor may still disburse funds pursuant to this Contract to a"Level 1"program or
provider if:
(a) the program or provider has been operating at its current location for less than 24 months,
or
(b) the program or provider has not had at least one full performance audit or at least one
follow-up performance audit within the 12 months preceding the publication of the most
recently revised Risk Factor Analysis,or
(c) the Contractor has the written consent of the State to continue to disburse funds to the
"Level 1"program or provider. The Contractor shall be required to show cause that
funding the program or provider is in the best interest of the State of Colorado and local
community.
8) Notwithstanding any other provisions of this Contract,the Contractor shall withhold the
disbursement of funds to any new program or provider situated at the same physical location
as a"Level 1"program or provider unless and until:
(a) the State concurs in writing that the new program or provider is under new ownership or
management,and
(b) an initial performance audit of the new program or provider by the State demonstrates
that such new program or provider is likely to meet or exceed the performance levels
necessary for subsequent Risk Factor Analysis designation as a"Level II," "Level III" or
"Level IV" program or provider.
9) Notwithstanding any other provision of this Contract,the State may,on an emergency basis
after appropriate inquiry,designate any program or provider receiving funds pursuant to this
Contract ineligible to continue to receive such funds when the State in its sole discretion
determines 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.
10) 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.
2
11) The designation of ineligibility to receive funds shall continue until the State finds that any
imminent and significant threat to public safety has abated and is not likely to recur.
12) The designation of ineligibility to receive funds shall not prohibit payment for Services
already rendered as of the date of the designation.
C. Standards. The Contractor shall ensure that its Subcontractors meet,maintain and comply with
all applicable guidelines or standards as provided in CRS §17-27-101 et seq.,and Section 18-1.3-
301,as amended, and the"Colorado Community Corrections Standards",as revised or amended,
attached hereto and marked as Exhibit"E"and incorporated herein by reference. Non-
compliance with such Standards may result in one or more of the following:
1) Reduction of Contract Funds as specified in the Allocation Option Letter,through issuance of
a Reallocation Option Letter.
2) Implementation of a corrective action plan developed in conjunction with a professional
consultant with subject matter expertise in Colorado community corrections. The Contractor
and the State must agree on the selection of a consultant. The consultant shall serve at the
expense of the program or provider or Contractor.
3) Implementation of an increased staffing pattern that ensures adequate offender supervision
and provision of Services.
4) Cessation of offender placements in the program.
5) Execution of a competitive bid process,coordinated with the local community corrections
board,to consider alternate program providers.
6) Cancellation of this Contract.
7) Cancellation of the relevant subcontract.
•
D. Annual Description of Services. The Contractor shall require its Subcontractors(programs or
providers)to submit to it an annual plan to achieve compliance with the Colorado Community
Corrections Standards for the provision of Services to 1)offenders referred by the Department of
Corrections(DOC),2)offenders sentenced and referred by State Judicial Branch(SJB),3)
offenders referred by the State Board of Parole, as a Condition of Parole or 4)offenders referred
by the SJB pursuant to Section 19-2-907(1)(b), Section 19-2-908,and_Section 19-2-910,C.R.S.
as amended. The annual plan shall also include the providers' plan to implement a specific model
of programs and practices,the efficacy of which are supported by professional research and
evidence,and to maintain fidelity to that model. If the Contractor and the provider are the same
entity(i.e.there is no Subcontractor),the annual plan shall be submitted to the State for approval
and monitoring.
3
E. 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, safety,fire,
building, and zoning requirements as they currently exist and may hereafter be amended. Without
limitation,these laws and regulations include:
1) 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.
2) 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 ensure that Subcontractors demonstrate compliance by ensuring that their
Services are both architecturally and programmatically accessible
3) 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).
F. Client Files. The Contractor shall ensure that its Subcontractors maintain individual files for each
offender participating in their program as required by DOC/SJB rules and regulations. 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.
G. Reports. The Contractor, and its Subcontractors, shall provide timely,prompt,and accurate
reports as are or may be required by the State,DOC or SJB during the term of the Contract,
which include but are not limited to statistical reports,caseload data, and 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.
H. Fugitive Reporting System. Pursuant to CRS §17-27-104(11),the Contractor shall ensure that its
Subcontractors will report any apparent escape of any offender funded pursuant to this Contract
in the manner prescribed by the State.
I. 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".
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J. 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 include the first day of each month through to the last day of each
month.
2) The Contractor shall submit invoices to the State no later than the 15th day of the month
following the end of each billing period or as required in Subsection J(4)below.
3) Contractor shall submit invoices through the Community Corrections Information and Billing
system or,at the direction 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 each 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 each fiscal
year.
6) The Contractor agrees to attempt to expend funds in an approximately equal amount each
fiscal quarter,unless otherwise authorized by the State. If actual quarterly expenditures are
less than the quarterly advance by more than twenty percent(20%),the State may reduce
subsequent quarterly payments accordingly.
K. Additional Services. The Contractor and its Subcontractors must obtain prior written approval
from the State before providing any additional billable Services or evaluations not provided for
by the terms and conditions of this Contract. If Contractor bills for Services in excess of the
maximum total payment as described in the Allocation Option Letter,or any subsequent
Reallocation Option Letter,the State shall not be liable for reimbursement of such excess
Services. Should additional Contract Funds become available,the State may,at its own option,
choose to reimburse Contractor beyond the amount specified in an Allocation Option Letter,by
means of a Reallocation Option Letter in form substantially equivalent to Exhibit"C."
L. Reimbursement by Client.
1) Subsistence-The Contractor shall inform Service providers and programs that they may
charge each offender participating in a community corrections program the reasonable costs
of the Services to the extent that they are not covered by State payments made pursuant to
annual legislative appropriations for subsistence support of offenders. The annual
subsistence maximum fee is set annually by the State General Assembly. Such charges may
5
be,but are not required to be,charged on an ability-to-pay basis. Each offender shall be
issued receipts for any such charges collected by Contractor or its Subcontractors. Offenders
shall not be charged subsistence fees while in jail or in the hospital.
2) Additional Program Fees-Any fees assessed to offenders in excess of the amounts listed in
the annual legislative appropriation for subsistence must be approved in advance by the State
and the local community corrections board. This requirement does not apply to voluntary and
incidental expenditures by offenders that do not constitute fees universally assessed to all
offenders.
M. 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.
N. Unauthorized Absence. The Contractor shall ensure that its Subcontractors notify DOC/SJB,
through the appropriate probation/parole officer,within two(2)hours after an offender is
discovered to be absent from an approved location or activity without authorization. The
Contractor or its 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 them 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.
O. Access to Medical Services. Policy and procedures of the Contractor and its Subcontractors 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 State agency. The State shall
compensate the Contractor at the full rate for the day on which 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.
P. 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 Contractor or its 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.
Q. Notification of Ownership Changes(Governmental Entities Exempt).
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1) The Contractor shall ensure that it and its Subcontractors notify the State in writing within
thirty(30)days after becoming aware that a change in a Subcontractor's ownership has
occurred,or is certain to occur.
2) The Contractor shall ensure that its Subcontractors:
(a) Maintain current,accurate and complete inventory records of assets and their costs;
(b) Provide the State or the State's designated representative ready access to such records
upon reasonable 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 change in Contractor's or Subcontractors' ownership change; and
(d) Retain and continue to maintain depreciation and amortization schedules based on the
asset records maintained before and Contractor or Subcontractor ownership change.
3) The Contractor shall include the substance of this Section I.Q in all subcontracts under this
Contract with non-governmental Subcontractors.
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 each Allocation Option Letter(Exhibit"B"), subject to compliance with the
provisions of the Contract,and subject to amendment by any subsequent Reallocation Option
Letter, in form substantially equivalent to Exhibit"C".
2) During the term of the Contract,upon receipt of proper invoices from the Contractor as
provided in Subsection I.J.above,the State shall offset advances and pay the remainder due
up to the maximum total payment as specified in each annual Allocation Option Letter
(Exhibit"B")as amended by any subsequent Reallocation Option Letter(Exhibit"C").
3) The State will not allocate Contract Funds to Contractor for the first day of an offender's
participation in a program,but shall allocate Contract Funds to Contractor for the last day of
an offender's participation therein. The day an offender transfers from residential to non-
residential status,the State will allocate Contract Funds to Contractor at the residential daily
rate,but shall not allocate such funds for non-residential expenses. The day an offender
transfers from non-residential to residential status,the State will allocate Contract Funds to
Contractor for Non-Residential expenses,but shall not allocate such funds for the residential
daily rate.
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Nrn■ummem. vourimeliorimemoromumei
4) The State may allocate Contract Funds to the community corrections board,or the unit of
local government that established the board(the"Board"),up to five percent(5%)of the total
original Allocation Option for administrative purposes,contingent upon the availability of
Contract Funds pursuant to annual legislative appropriation for board administrative funds.
On and after July 1, 2014,through June 30,2015,the Board shall be allocated up to five
percent(5%)of the total original Allocation Option for administrative purposes. On and after
July 1,2015 and through the remaining Contract term,the Board Allocation Option for
administrative funds shall be dependent upon the prior year's performance as measured
herein. The Board may opt to perform any or all of the following functions to be eligible to
receive the administrative funds:
(a) Type 1 Boards shall be eligible for allocation in the amount of up to three percent(3%)of
Contract Funds upon performance of the following services and functions:
(i) Screen offender referrals for placement in a residential community corrections
facility.
(ii) Administer contracts with approved service providers
(iii)Administer payments to Subcontractors
(b) Type 2 Boards shall be eligible for allocation in the amount of up to four percent(4%)of
Contract Funds upon performance of the following services and functions:
(i) All Type 1 board services and functions,AND
(ii) Provide staffing support for local boards to conduct regular business and screening
functions
(iii)In coordination with State and local agencies,monitor community corrections
programs within the jurisdiction of such Board with each of the following:
1. Respond to and investigate complaints,critical incidents,or citizen inquiries
2. Oversee compliance with federal, State and local standards
3. Provide written reports of program compliance with the Colorado Community
Corrections Standards using a state-approved audit process
4. Enforce provider corrective action plans to achieve compliance with Standards
(iv)Educate and train communities and local officials or criminal justice agencies about
community corrections structure and programming
(v) Collaborate with State agencies to improve and advance community corrections
programming
(vi)Enforce compliance with the Victim's Rights Act and coordinate victims assistance
(vii) Provide formal education and training to Board members
(viii) Provide an annual written report to the State that documents the frequency and
measurements of the above administrative functions
(c) Type 3 boards shall be eligible for allocation in an amount up to five percent(5%)of
Contract Funds,contingent upon available appropriations of administrative funds,upon
demonstration of the following services and functions:
(i) All Type 1 board services and functions,AND
and functions,AND
(ii) All Type services
( ) 2 board
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(iii)Provide, facilitate,or coordinate formal implementation planning,training,technical
assistance,and fidelity measurement in order to implement specific and identifiable
evidence based practices and programs in residential,non-residential,or specialized
programs
(iv)Provide an annual written report to the State that documents the frequency and
measurements of the above administrative functions
(d) Contractors shall keep financial records documenting the receipt and expenditure of all
Contract Funds and maintain these records for a period of seven(7)years following the
Contract term.
(e) Semi-annual reports summarizing each quarter's administrative expenditures within each
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
(f) The Contractor or employees of the Contractor who have responsibility for receipt and/or
disbursement of funds under this Contract shall be bonded or insured to the value of the
total allocation in provided in each Allocation Option Letter(Exhibit"B"). Contractor
shall forward documentation of such bonding or insurance to the State prior to the
disbursement of any Contract Funds.
5) The Contractor shall use no more than three percent(3%)of its total residential diversion
allocation for condition of probation clients. Condition of probation clients are offenders
placed in a community corrections program by the sentencing court as a condition of
probation pursuant to CRS §18-1.3-202. The State may waive or modify this allocation
limitation, in all or in part,upon written request by the Contractor.
6) The State must review and approve in advance any transfer of Contract Funds by the
Contractor between line items listed in an Allocation Option Letter(Exhibit"B"),except that
the Contractor may transfer up to ten percent(10%)of such Contract Funding between the
line items without such prior approval.
7) The Contractor may request re Contract Funds to supplement the allocations under this Contract
under circumstances defined by the Office of State Planning and Budgeting. All requests for
supplemental Contract Funds are subject to review by the executive and legislative branches
of the State, and are subject to the provisions of the Reallocation Option Letter(Exhibit"C")
that the State would issue upon approval of the request.
8) The State Legislature may authorize allocation of Contract Funds for additional
programmatic funding.
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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 DOC shall coordinate all travel to
DOC correctional facilities prior to the State reimbursing the Contractor therefor. 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 the Allocation Option Letter(Exhibit"B"). Payment
shall be per 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
residential 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.
2) "Off-grounds leave"for the purpose of conducting a hearing or assessment regarding the
continuation of the offender's residence in community corrections,up to a maximum
allowable period of three(3)days.
3) "Emergency leave"caused by and limited to a serious life-threatening or death incident in the
offender's immediate family,up to a maximum period of seven(7)days,to be reimbursed at
fifty percent(50%)of the regular residential per diem rate.
Noncompliance. The State agrees to allow the Contractor thirty(30)days within which to correct
or justify breaches of this Contract,following a notice of non-compliance,unless there is an
immediate risk to public safety. If the identified breaches are unresolved within the thirty(30)
day period,the State may implement any remedy provided for under any applicable provisions of
this Contract.
•
10
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
P q q Y
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.
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
1
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
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
2
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.
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.
3
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 shalt 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 shall 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.
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, and number of participants, response time and
comments.
First Aid
Program staff shall have immediate access to a first aid manual and appropriate medical supply.
4
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.
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.
5
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 (SOMB) 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 SOMB-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.
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.
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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."
II
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