HomeMy WebLinkAbout20141916.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR PROVISION OF COMMUNITY CORRECTIONS
SERVICES AND AUTHORIZE CHAIR TO SIGN - INTERVENTION, INC.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Agreement for Provision of
Community Corrections Services between the County of Weld, State of Colorado, by and through
the Board of County Commissioners of Weld County, on behalf of the Weld County Community
Corrections Board, and Intervention, Inc., commencing July 1, 2014, and ending June 30, 2015,
with further terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Agreement for Provision of Community Corrections Services between
the County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, on behalf of the Weld County Community Corrections Board, and Intervention, Inc.
be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 25th day of June, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO ATTEST a C6[, Jae.;� vha ArN
&óaBSer, Chair
Weld County Clerk to the Board /'
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BY: ir-a
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D ty Clerk to the Boar
iii n P. Conway C
APP D A RM: i':y? el-
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ike Freeman
o ty Attorney EXCUSED
William F. Garcia
Date of signature: -717
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Justice Services Division
y ig6i a 915 10th Street, #334
P.O. Box 758
Greeley, CO 80632
Phone: (970) 3364227
G O U N T Y Fax: (970) 392-4677
Memorandum
To: Board of County Commissioners
From: Doug Erler, Director
Re: Consider Renewal of Lease Agreement and Agreement for the Provision of
Community Corrections Services with Intervention Community Corrections
Services (ICCS) and authorize Chair to sign
Date: June 25, 2014
For your review and approval is the renewal of the Lease Agreement and Agreement for the
Provision of Community Corrections Services with our vendor ICCS. I worked with County
Attorney, Bruce Barker and Trevor Jiricek and they are in agreement with these final versions
now before you. The Lease Agreement denotes a slight increase in the lease amount to reflect
energy costs and the Agreement for the Provision of Community Corrections Services outlines
the new allocation rates from the State, which remain stable. The majority of these funds are
passed through to our vendor with a percentage remaining with Weld County for overall
administration and oversight. There is no local matching requirement.
Both of these agreements would go into effect on July 1, 2014 through June 30, 2015. They are
now before you for your final review and approval.
Thank you.
2014-1916
AGREEMENT FOR THE PROVISION OF COMMUNITY CORRECTIONS SERVICES
THIS AGREEMENT, effective this 2-J day of JUNE, 2014 by and between the Board of
Commissioners of Weld County ("the Board"), PO Box 758, Greeley CO 80632 on behalf of the Weld
County Community Corrections Board, ("Community Corrections Board") and Intervention Incorporated
(d.b.a. Intervention Community Corrections Services "ICCS"), 1333 West 120th Avenue, Suite 101,
Westminster, Colorado 80234 hereinafter referred to as "the Contractor."
1. WHEREAS, authority exists in the law and funds for the current fiscal year have been budgeted,
appropriated and otherwise made available and a sufficient uncommitted balance thereof remains
available for encumbering and subsequent payment of this agreement; and
2. WHEREAS, required approval, clearance and coordination has been accomplished from and with
appropriate agencies; and
3. WHEREAS, the Board has an ongoing contract with the Colorado Department of Public Safety,
Division of Criminal Justice, to provide community corrections services pursuant to Title 17,Article
27, and Section 18-1.3-301, C.R.S., as amended, and desires to enter into an agreement with
Intervention Incorporated, for the provision of such services.
NOW THEREFORE, subject to the terms, conditions, provisions and limitations contained in this
Agreement, the Board and the Contractor agree as follows:
STATEMENT OF WORK
1. Responsibilities of the Contractor:
A. Approval. The Contractor shall be approved by the local community corrections
board in their jurisdiction and operate pursuant to Title 17, Article 27, and Section
18-1.3-301, C.R.S., as amended.
B. Description of Services. The Contractor shall provide residential, non residential
and certain vocational and rehabilitative services to 1) offenders referred by the
Department of Corrections(DOC), 2)offenders referred by the State Judicial Branch
(SJB), 3) offenders referred by the State Board of Parole, or4) offenders referred by
SJB pursuant to Section 19-2-907, Section 19-2-907(1)(b), Section 19-2-908, and
Section 19-2-910, CRS., as amended, or as otherwise approved by the Community
Corrections Board and the Board.
C. Standards. The Contractor shall meet, maintain, and comply with all applicable
guidelines or standards as provided in Title 17, Article 27, and Section 18-1.3-301,
CRS, as amended, and the "Colorado Community Corrections Standards, "as
revised or amended by the Colorado Department of Public Safety. Non-compliance
and/or willful disregard with applicable guidelines or standards may result in
reduction of compensation rates as specified in Paragraph 2.A.2., herein; cessation
of offender placements in the program; implementation of a corrective action plan
with a professional consultant as approved by the Contractor and the Community
Corrections Board and the State, with all costs borne on the Contractor;
implementation of an increased staffing pattern by the Contractor to ensure
adequate offender care and supervision; implementation of a competitive bid
process to consider alternative program providers; or termination of the Agreement.
D. State and Local Regulations. The Contractor shall comply with all state, county and
local health, safety, fire, building and zoning requirements.
E. Victim Rights Act. The Contractor shall comply with Section 24-4.1-302.5, Section
24-4.1-303 and Section 24-4.1-304 C.R.S., as amended, commonly known as the
Victim Rights Act and enabling legislation.
F. Immigration Reform Control Act. The Contractor shall comply with all federal and
state laws, including the Immigration Reform Control Act in all hiring practices.
G. Americans with Disabilities Act. The Contractor shall comply with all applicable titles
of the Americans with Disabilities Act (Public Law 101.336) and submit
documentation as required by the State or the County to demonstrate compliance
with this Act.
H. Client Files. The Contractor shall maintain individual electronic and hard files for
each offender participating in the Contractor's program as required by the
DOC/SJB/Parole Board or as otherwise specified by the Community Corrections
Board or the Board. Such files and criminal history records shall be maintained and
disseminated pursuant to federal and state regulations.
Reports. The Contractor shall provide timely, prompt, and accurate reports as are
or may be required by the State, DOC, SJB, or the Community Corrections Board
during the period of the Agreement, which include but are not limited to statistical
reports, caseload data, required entries into the Community Corrections Information
and Billing ("CCIB") computer system, survey questionnaires and other records
documenting the types of services provided and the identity of the individual
offenders receiving such services. Computerized termination forms and related
offender data must be completed by the Contractor's program staff, as prescribed
by the State, for each offender served, and shall be completed with the
requirements of the State and the Community Corrections Board.
J. Fugitive Reporting System. Pursuant to Section 17-27-104 (11), C.R.S., the
Contractor shall report any probable escape of any offender funded pursuant to this
Agreement in effect at the time of the escape. Program staff shall also provide the
State information about any offender who escapes from its supervision. The
Contractor shall provide to the Community Corrections Board with monthly escape
reports of all offenders reported as escapees, whether Diversion or Transition
offenders or as otherwise specified by the Community Corrections Board..
K. Supervision of Offenders. The Contractor shall provide 24-hour-a-day, seven-day-
a-week staff supervision of the offenders assigned to the residential facility as
specified in the "Colorado Community Corrections Standards." Further, Contractor
shall provide non-residential supervision of those applicable offenders referred by
the SBJ and in accordance with the "Colorado Community Corrections Standards."
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L. Method of Billing. The Contractor shall bill the State for services provided on such
forms and in such manner as the State may require. In order for the billing to be
approved and accepted by the Community Corrections Board, the signature of the
appropriate probation/parole liaison or board representative, confirming the
accuracy of the billing is required. Billing shall be submitted through CCIB and/or at
the sole discretion of the State, on a Community Corrections Billing electronic form
provided to the Contractor by the State for that purpose. The State reserves the
right to modify billing procedures.
M. Additional Services. The Contractor shall obtain prior written approval from the
State and the Community Corrections Board and the Board before providing any
additional billable services or evaluations not provided for by the terms and
conditions of this Agreement. If services are billed by the Contractor that exceed the
maximum total payments as described in Paragraph 2.A.2., herein, neither the
State, Weld County nor the Community Corrections Board is liable for
reimbursement. Should additional funding become available, the State, Weld
County, its Community Corrections Board may, at its own option, choose to
reimburse beyond the amount specified in Paragraph 2.A.2., herein.
N. Reimbursement by Client. The Contractor shall charge each offender participating
in the community corrections program the reasonable costs of the services not
covered by State payments. The charges may be collected on an ability to pay
basis. Each offender shall be issued receipts for fees collected on a monthly basis
or as otherwise requested.
Any charges to offenders in excess of the amounts listed in the legislative
appropriation must be approved in advance by the State and the Community
Corrections Board. The Contractor must provide a description of such additional
fees, including rates, services or products purchased, and program policies and
procedures related to collecting and record keeping to the State, the Community
Corrections Board, and the referring agency.
O. Absence Due to Arrest. The Contractor shall notify the DOC/SJB/Parole Office
immediately if they know an offender has been arrested and/or is in the custody of,
federal, state, or local law enforcement authorities. The Community Corrections
Board shall compensate the Contractor at full rate for the day the offender is
arrested, and at 50% of the regular per diem rate for up to seven (7) days for
maintaining the availability of a position in the program during the offender's
absence.
P. Unauthorized Absence. The Contractor shall notify the DOC or SJB, through the
appropriate probation/parole liaison, within two (2) hours after an offender is
discovered to be absent from an approved location or activity without authorization.
The Contractor shall keep the offender's position in the program available for a
period not to exceed one (1) day during the offender's unauthorized absence if the
DOC/SJB notifies the Contractor that it does desire to have said position kept
available. The Community Corrections Board shall compensate the Contractor at
the full rate the day the offender escapes.
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Q. Insurance.
1. The Contractor shall obtain and maintain in full force and effect at all times
during the term of this Agreement, insurance in the following kinds and
amounts:
a. Standard Worker's Compensation and Employer
Liability as required by State statute, including
occupational disease, covering all employees on or off
the work site, acting within the course and scope of their
employment.
b. General, Personal Injury, and Automobile Liability
(including bodily injury, personal injury, and property
damage) minimum coverage:
1) Combined single limit of $600,000 if
written on occurrence basis.
2) Any aggregate limit will not be less than $1,000,000.
3) Combined single limit of $600,000 for
policies written on a claims-made basis.
The policy shall include an endorsement,
certificate, or other written evidence that
coverage extends two (2) years beyond
the performance period of this
Agreement.
4) If any aggregate limits are reduced below
$600,000 because of claims-made or
paid during the required policy period, the
Contractor shall immediately obtain
additional insurance to restore the full
aggregate limit and furnish a certificate or
other document showing compliance with
this provision.
2. The Community Corrections Board, the Board of County
Commissioners of Weld County and its employees, and State
of Colorado shall be named as additionally insured parties
under all the Contractor's liability coverage policies.
3. The insurance shall include provisions preventing cancellation within sixty
(60) days prior notice to the State and to the Board by certified mail.
4. The Contractor shall provide a certificate showing adequate insurance
coverage to the Board and the State on July 1 each year, whenever
insurance coverage changes in any manner and/or upon request of the State
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or the Board, unless otherwise provided.
5. If the Contractor is a "public entity" within the meaning of the Colorado
Governmental Immunity Act, C.R.S. 24-10-101 et seq., as amended ("Act"),
the Contractor shall at all times during the term of this Agreement maintain
such liability insurance, by commercial policy or self-insurance, as is
necessary to meet its liabilities under the Act. Upon request by the State or
the Board, the Contractor shall show proof of such insurance.
R. Access to Medical Services. Policy and procedures of the Contractor shall
specifically prohibit any restriction or constraint of offenders' movement or efforts to
attend to their legitimate medical or dental needs. If a medical emergency occurs,
the Contractor shall immediately notify the referring agency(DOC, Parole Officer or
SJB). The Community Corrections Board shall compensate the Contractor at the
full rate the day an offender is placed in a hospital, and at 50% of the regular per
diem rate for up to seven (7) days for holding a bed available during the
hospitalization of an offender, unless the referral agency notifies the Contractor
otherwise.
S. Review and Inspection. The Contractor shall allow the State, the Board, the
Community Corrections Board, DOC, SJB, or Health Department employees to
inspect, with or without notice, the facilities, fiscal and program files, other records,
and services provided to determine compliance with this Agreement.
T. Record Retention. The Contractor shall retain all books, records, and other
documents of any part pertaining to this Agreement for seven (7) years after final
payment, and allow any person duly authorized in writing by the State, the Board or
the Community Corrections Board to have full access to and a right to examine and
copy any of the above materials during such period.
U. Information Provided. The Contractor shall provide information upon request of the
appropriate DOC/SJB officers or the Board and/or the Community Corrections
Board regarding the activities and adjustment of offenders assigned to their
program. The Contractor shall collect, maintain and make available to the
DOC/SJB/Parole Board or the Board and/or the Community Corrections Board
ongoing data regarding employment, monitored sobriety, psychological problems
and treatment, vocational or educational needs and services, re-arrest or other
criminal activity, and court-imposed fines and restitution of offenders under
supervision by the Contractor. The Contractor shall make timely entries of such data
into the CCIB computer system, as the State may require.
V. Financial Audit. The Contractor shall provide to the State an independent fiscal
audit report, which addresses the agency's fiscal year(s) relevant to the Agreement
period. Such materials shall be provided to the State as directed or unless a
different schedule is established in writing by mutual agreement of the parties.
These requirements may be waived all or in part, by the State, in accordance with
established standards.
W. Notification of Ownership Changes.
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1. The Contractor shall notify the Board, Community Corrections Board and the
State in writing within thirty (30) days after becoming aware that a change in
its ownership has occurred, or is certain to occur, that could result in changes
to services outlined in this Agreement. The Contractor shall also notify the
Board and the State in writing within thirty (30) days whenever changes to
asset valuations or any other cost changes have occurred, or are certain to
occur, as a result of a change in ownership.
2. The Contractor shall:
a) Maintain current, accurate and complete inventory records of assets
and their costs;
b) Provide the Board, the Community Corrections Board or State or
designated representative ready access to the records upon request;
c) Ensure that all individual and grouped assets, their capitalized values,
accumulated depreciation or amortization, and remaining useful lives
are identified accurately before and after each of the Contractor's
ownership changes; and
d) Retain and continue to maintain depreciation and amortization
schedules based on the asset records maintained before each
subcontractor ownership change.
X. Matters Regarding Facilities.
1. The Board and Contractor acknowledge that it shall be a condition of this
Agreement that the Contractor will fully comply with the Lease Agreement
between the Board and the Contractor to operate its program at the Weld
County Community Corrections Facility at 1101 H Street, Greeley, CO
80631 fora period of July 1, 2014 and ending June 30, 2015.
2. Contractor agrees to be bound to the terms of said Lease Agreement and
acknowledges that any violation of the lease provisions, which results in the
Board's termination of the Lease Agreement, may be grounds for the
termination of this Agreement.
3. Contractor acknowledges that a new Lease Agreement may be executed
with the Board upon or before June 30, 2014.
2. Responsibilities of the State:
A. Payment of Services.
1) The Board shall compensate the Contractor in accordance with
the schedule in Paragraph 2.A.2., herein subject to compliance
with the provisions of the Agreement.
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2) During the period of the Agreement, upon receipt of proper
billing from the Contractor, as provided in paragraph 1.L.
herein, payment shall be made in an amount of:
A daily rate of $41.34 per offender, for residential diversion direct sentence
placements.
A daily rate of no more than $6.03 per offender, for diversion non-residential
placements.
A daily rate of $41.34 per offender, for residential condition of probation
placements.
A daily rate of $41.34 per offender for residential transition placements.
A daily rate of $41.34 per offender for residential condition of parole
placements.
Up to $130,000 for Treatment Support Services.
Up to $95,064.25 for Facility Payments to be disbursed as outlined in
Statewide Facility Payments Policy for SFY 15.
(In an effort to advance the Colorado General Assembly's intent to increase
program case manager and security staff compensation and to reduce
and/or maintain a ratio of at least one (1) case manager for every twenty(20)
residential community corrections clients, the Contractor shall submit a
written plan to the Community Corrections Board and the State specifying
how the Contractor will utilize the Facility Payment allocation to 1) increase
case management staff to ensure a ratio of at least one(1)case manager for
every twenty (20 residential clients; 2) raise the average pay and benefits of
security staff by at least ten (10%) percent; and 3) raise the average pay and
benefits of case managers by at least ten (10%) percent. The Contractor
may request, in writing, that the Community Corrections Board and the State
grant an exemption from the requirement to increase the average pay and
benefits for security staff by at least ten (10%) percent if the sum of the
average pay and benefits of security staff already exceeds$33,000 annually.
The Contractor may also request, in writing, that the Community Corrections
Board and the State grant an exemption from the requirement to increase
the average pay and benefits for case management staff by at least ten
(10%) percent if the sum of the average pay and benefits of case
management staff already exceeds $38,500 annually. The Contractor is
encouraged to exceed these requirements. Any request for an exemption
from any of these requirements must include a written plan that specifies the
Contractor's intended use of these funds. The Contractor's proposed use of
these funds should focus on initiatives such as reaching and maintaining
compliance with the Prison Rape Elimination Act (PREA); and implementing
evidence based policy and practices to fidelity that focus on reducing
offender risk and recidivism as set forth by the National Institute of
Corrections' (NIC) Eight Guiding Principles for Risk and Recidivism
Reduction. The Contractor may utilize these funds for other purposes that
benefit the quality of the program with prior written approval of the
Community Corrections Board and the State.
The Contractor's written plan shall be submitted to the Community
Corrections Board for initial review by no later than July 22, 2014 and then to
the State by no later than August 27, 2014. If the plan is deemed acceptable,
the Community Corrections Board shall direct a method to the Contractor to
request payment(s) and in accordance with the normal dispersal of funds by
the State to Weld County. Facility payment to the Contractor may be withheld
in whole or in part by the Board through its Community Corrections Board if
the Contractor does not comply with all or part of this provision).
3) Reimbursement will not be allowed for the first day of an
offender's participation in the program, but shall be allowed for
the last day of an offender's participation. The day an offender
transfers from Residential to Non-Residential supervision
status, reimbursement will be made at the residential daily
rate, but shall not be made for Non-Residential expenses. The
day an offender transfers from Non-Residential to Residential
supervision status, reimbursement will be made for Non-
Residential expenses, but shall not be made for the
Residential daily rate.
4) The Contractor shall use no more than three percent (3%) of
the total daily rate allocation for condition of probation client
placements. These placements are intended for placement in
the Contractor's Intensive Residential Treatment (IRT)
program, unless otherwise approved by the Community
Corrections Board and the State.
5) Reimbursement may be allowed for any additional
programmatic funding approved by the Legislature.
6) The Board may transfer up to 10% of funds between the
Transition/Parole/Condition of Probation and Diversion line
items only and as listed in Section 2.A.2 above to ensure full
utilization of funds with the Contractor during any term of this
Agreement, and as approved by the Board and the State.
B. Payment for Travel. The Board shall reimburse the Contractor at the rate allowed
by State Fiscal Rules, when such travel is requested by the DOC or approved by the
State for the purpose of transporting offenders. The Contractor agrees that any and
all travel to DOC correctional facilities shall be coordinated by DOC prior to the
Contractor being reimbursed. The Contractor shall provide the Board with travel
reports setting forth the date of travel, mileage, destination and offenders
transported. Reimbursement for mileage shall be made from Residential Transition
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Allocations as listed in Section 2.A.2 above. Payment shall be made by the trip, not
for each individual offender.
C. Payments for Leave(s) of Absence. The Board shall pay the Contractor for the
following leaves of absence of offenders at the full per diem rate, when authorized
and approved by the DOC/Parole Board or SJB:
1) "Pass or Furlough" based on a privilege to leave the facility to
an approved location for up to forty-eight (48) hours.
2) "Off-grounds leave"for the purpose of conducting a hearing or
assessment regarding the continuation of the offender in the
community corrections program, for a maximum allowable
period of three (3) days.
3) "Emergency Leave" caused by and limited to a serious
life-threatening incident in the offender's immediate family,
subject to a maximum period of seven (7) days, to be
reimbursed at 50% of the regular per diem rate.
D. Noncompliance. The Community Corrections Board and the Board agrees to allow
the Contractor thirty (30) days within which they may correct or justify identified
issues, following a notice of noncompliance, unless there is an immediate risk to
public safety. If the identified issues are unresolved within the thirty(30)day period,
action may be taken to withhold payment to the Contractor until those identified
issues are satisfactorily completed; deny payment for those services or obligations
which may not have been performed by the Contractor and which, due to
circumstances caused by the Contractor, cannot be performed, or if performed are
of no value to the Board, the Community Corrections Board or the State. Denial of
the amount of payment to the Contractor shall be reasonably related to the value of
work or performance lost to the Board, the Community Corrections Board or the
State.
The Contractor shall not be classified at Risk Factor Analysis (RFA) Level 1 status
for more than two (2) consecutive years. The RFA is a tool used and conducted by
the Division of Criminal Justice, Office of Community Corrections to evaluate a
program in the areas of offender supervision and in the overall organizational
control of the program and agency.
The Contractor shall not place offenders under its legal control and supervision, its
employees, the Board, the Community Corrections Board, Weld County employees,
officials, or subcontractors or any and all persons doing business with the
Contractor, in imminent risk or peril to public safety.
E. Limitation of Payments and Liabilities. The Board assumes no liability for any
deficiency that the Contractor may incur either in the operation of its program or for
any debts or expenditures incurred by the Contractor for ensuing fiscal years when
funds for that purpose have not been appropriated or budgeted.
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II. GENERAL PROVISIONS:
1. Performance Period. The Agreement shall be effective on July 1, 2013, and extend
through June 30, 2014, contingent upon availability or funds.
2. Assignment. The rights and duties arising under this Agreement shall not be assigned or
delegated without the prior written consent of the Board and the Community Corrections
Board.
3. Breach. A breach of this Agreement shall not be deemed to be a waiver of any
subsequent breach or default of the Agreement.
4. Third Party Beneficiary & Conflict of Interest. It is expressly understood and agreed that
the enforcement of the terms and conditions of this Agreement, and all rights of action
relating to such enforcement, shall be strictly reserved to the Board and the Contractor.
Nothing contained in this Agreement shall give or allow any claim or right of action
whatsoever by any other or third person; otherwise, it is the express intent of the parties to
this Agreement that any such person or entity receiving services or benefits under this
Agreement shall be deemed an incidental beneficiary only. The Contractor shall not
engage in any transaction, activity or conduct that would result in a conflict of interest under
this Agreement. The Contractor represents that it has disclosed any and all current or
potential conflicts of interest. A conflict of interest shall include transactions, activities, or
conduct that would affect the judgment, actions or work of the Contractor by the
Contractor's own interests, the interests of any principal of the Contractor or the interests of
any party with whom the Contractor has a contractual arrangement, in conflict with those of
Weld County government. The Board, in its sole discretion, shall determine the existence
of a conflict of interest, which shall be deemed a material breach or default of this
Agreement and may be cause to terminate this Agreement in the event such a conflict
exists after it has given the Contractor notice, in writing or orally, which describes the
conflict. The Contractor shall be given a time period, as specified by the Board or designee,
to eliminate or cure the conflict of interest in a manner that is acceptable to the Board or
designee.
5. Governmental Immunity. Notwithstanding any other provision of this Agreement to the
contrary, no term or condition of this Agreement shall be construed or interpreted as a
waiver, express or implied, of any of the immunities, rights, benefits, protection, or other
provision of the Colorado Governmental Immunity Act, Section 24-10-101, et. seq. CRS, as
now or hereafter amended. The parties understand and agree that liability for claims for
injuries to persons or property arising out of negligence of the State of Colorado, its
departments, institutions, agencies, boards, officials and employees is controlled and
limited by the provisions of Section 24-10-1-101, et. seq., CRS, as now or hereafter
amended and the risk management statutes, Section 24-30-1501, et. seq., CRS, as now or
hereafter amended.
6. Termination. Either party may terminate this Agreement by giving thirty(30) days notice in
writing, delivered by certified or electronic mail, return receipt requested, to the other party
at the above address, or delivered by personal services upon the party. If notice is so
given, this Agreement shall terminate on the expiration of the thirty (30) days, and the
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liability for the parties hereunder for the further performance of the terms of this Agreement
shall thereupon cease, but the parties shall not be relieved of the duty to perform their
obligation up to the date of termination.
7. Upon receipt of notice of termination for convenience. The Contractor shall incur no further
obligations in connection with the Agreement. The Contractor will be reimbursed for
reasonable costs allocable to the Agreement performance.
Incorporation of terms of Request for Proposal and Response from Contractor--The parties
hereby incorporate by reference the Request for Proposal and all attachments hereto, the
Contractors proposal subsequent correspondence, and contract agreements.
8. Entire Understanding. This Agreement is intended as the complete integration of all
understanding between the parties. No prior or contemporaneous addition, deletion, or
other amendment hereto shall have any force or affect whatsoever, unless embodied
herein in writing. No subsequent novation, renewal, addition, deletion or other amendment
hereto shall have any force or effect unless embodied in a written agreement executed and
approved pursuant to the State of Colorado fiscal rules. It is understood and agreed by the
parties that the status of the Contractor is that of an independent contractor retained by the
Board to perform professional and technical services as defined in this Agreement and for
periods of time herein described. It is not intended nor shall it be construed, that the
Contractor is a department of Weld County government, or that any employee, officer, or
subcontractor of the Contractor is an employee or officer of Weld County government for
any purpose whatsoever.
9. Non-Discrimination. The Contractor agrees to comply with the letter and spirit of all
applicable state and federal laws respecting discrimination and unfair employment
practices.
10. Software Piracy Prohibition. No State or other public funds payable under this Agreement
shall be used for the acquisition, operation, or maintenance of computer software in
violation of United States copyright laws or applicable licensing restrictions. The Contractor
hereby certifies that, for the term of this Agreement and any extensions, the Contractor has
in place appropriate systems and controls to prevent such improper use of public funds.
11. Employment or Contracting with Illegal Aliens. Under Colorado Law, the Contractor
certifies that it shall comply with the provisions of Section 8-17.5-101, set seq., C.R.S.
Contractor shall not knowingly employ or contract with an illegal alien to perform work
under this Agreement or enter into a contract with a subcontractor that fails to certify to
Contractor, that the subcontractor shall not knowingly employ or contract with an illegal
alien to perform work under this Agreement. Contractor represents, warrants, and agrees
that it (a) has verified that it does not employ any illegal aliens, through participation in the
Basic Pilot Employment Verification Program administered by the Social Security
Administration and Department of Homeland Security, and (b) otherwise comply with the
requirements of Section 81-5-102(2)(b), C.R.S. Contractor shall comply with all reasonable
requests made in the course of an investigation under Section 8-17,5-102,C.R.S., by the
Colorado Department of Labor and Employment. If Contractor fails to comply with any
requirements of this provision or Section 8-17.5-101. et seq., C.R.S., the Board may
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terminate this Agreement for breach and Contractor shall be liable for actual and
consequential damages to Contractor.
Except where exempted by federal law and except as provided in Section 24-76/5-103(3),
C.R.S., if Contractor receives federal or state funds under this Agreement, Contractor must
confirm that any individual natural person eighteen (18) years of age or older is lawfully
present in the United States pursuant to Section 24-76.5-103(4), C.R.S., if such individual
applies for public benefits provided under this Agreement. If Contractor operates as a sole
proprietor, it hereby swears or affirms under penalty of perjury that it (a) is a citizen of the
United States or is otherwise lawfully present in the United States pursuant to federal law,
(b) shall produce one of the forms of identification required by Section 24-76/5-101.et seq.,
C.R.S. and (c) shall produce one of the forms of identification required by Section 24-76.5-
103, C.R..S., prior to the effective date of this Agreement.
12. Termination of Agreement. This Agreement may be terminated for default if the Contractor
substantially fails to satisfy or perform the duties and obligations to correct or take
reasonable steps to correct deficiencies in this Agreement. The Community Corrections
Board shall provide written notice to the Contractor of the Board's intent to invoke the
termination provisions of the Agreement, state the reasons for such action and reference
the previous request to correct the deficiencies. Contractor will be provided thirty(30)days
from receipt of written notice of intent to terminate the Agreement for default to correct
deficiencies to the satisfaction of the Community Corrections Board and the Board. If the
Contractor fails to correct deficiencies within this time, the Board may declare the
Agreement terminated.
13. Severability. If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable, this Agreement shall be construed and enforced without
such provision, to the extent that this Agreement is then capable of execution within
the original intent of the parties.
this Funding Contingency. No portion oft s Agreement shall be deemed to create an
obligation on the part of the Community Corrections Board to expend funds not
otherwise appropriated or budgeted for.
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THE PARTIES HEREUNTO HAVE EXECUTED THIS AGREEMENT:
Contractor: Board :
Intervention Incorporated BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
\ . I ' ,,
BY: ,- BY: �� � �u.��W
4elly Se , resident Dougtes Rademacher, Chair
JUN 252014
Federal I . D. # ATTEST: Swim) c ( jejle;ti
SUBSCRIBED AND SWORN to befor
this 1I* " day of 2014 -MAC- ; � � k to the Board
tr
WITNESS my hand and official seal .
(/ t/kJ- lll�c r �l/ APPROVED AS TO -
Notary Public ' — '
BY: �L—z
My commission expires: le a I ounty Attorney
Pus ,��.•CP'/
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13
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