HomeMy WebLinkAbout20141341.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 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 Division of
Criminal Justice be, and hereby is, approved.
BEIT 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 30th day of April, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: C/aitAvti ;4eJ vna� �-
Do gas Rademach r, Chair
Weld County Clerk to the Board �
rbara Kirkmey r, Pro-Te
BY: t l ► , 1 �� i �l.T gyp,
I
D . Ry Clerk to the Bo esi
an P. Conway iiCAP D ORM: ® ,F „�
Mi a Fr n
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Co my Attorney / z
William . Garcia
Date of signature: 5 I)a
CCU 15(bG)CR036) Gs(1J)
ig/3O 2014-1341
JS0005
Justice Services Division
tg6a 915 10`h Street, #334- P.O. Box 758
Greeley, CO 80632
Phone: (970) 336-7227
Fax: (970) 392-4677
GOUNTY ,
Memorandum
To: Board of County Commissioners
From: Doug Erler, Director,Justice Services
Cc: Trevor Jiricek, Bruce Barker
Re: Consider Contract with the Colorado Department of Public Safety for ongoing
Community Corrections Services
Date: April 30, 2014
For your review and approval, is the new master contract from the Colorado Department of Public
Safety(through its Division of Criminal Justice, Office of Community Corrections) for the ongoing
delivery of Community Corrections Services. The term of this contract is five (5)years, effective July 1,
2014 through June 30, 2019. While there are several notable changes from the most recent contract,
which is set to expire on June 30, 2014,all appear reasonable and reflect the advancements made in the
field over the past five years. Both Bruce Barker and Trevor Jiricek have reviewed this contract and they
recommend its approval. I too recommend its approval and respectfully ask that you authorize your
Chair to sign.
Note: Because the Office of Community Corrections is converting to a new data management system,
they are asking all contracting counties to process these contracts earlier. As such, allocation amounts
are not included in this contract at this time. Once final figure setting is completed, I will receive our
allocation amounts in the form of an Allocation Letter. I will then forward this to you as an amendment
to this contract. Weld County remains in very good standing with the State and in how the
administration and delivery of community corrections services is conducted. All indications are that our
allocation amounts will be at or above normal rates.
Thank you.
Substantive Changes from Past Master Contract: (please note that I will incorporate these changes into
the Sub Contract and Lease Agreement with our current vendor Intervention Community Corrections
Services (ICCS)and in ways that reflect our local needs and expectations. Once revised, I will present
them to you for your review and approval well before June 30, 2014.
A. Changes to responses to Program(s) non-compliance
1. Contract Termination
• If a program remains at Risk Factor Analysis (RFA) Level 1 for two (2) consecutive years;
2014-1341
Comment: ICCS is currently at RFA Level 3 (Level 4 is the highest ranking).The RFA is a tool
conducted by the Division of Criminal Justice to evaluate the strength of a program specifically
in areas of offender supervision and in the organization of a program;
• Imminent risk to public safety; and/or
• Willful disregard by a program to sustainable compliance with community corrections state
standards.
2. Intermediate Responses by the State (usually in consultation with contracting county(s))
• Reduction in compensation;
• Implementation of a corrective action plan with a professional consultant;
• Implementation of an increased staffing pattern by the program to ensure adequate offender
supervision;
• Cessation of placements to the program/facility; and/or
• Execution of a competitive bid process (or recommendation to that county of their
subcontracted program(s).
B. Program Providers must submit an Annual Plan to reach compliance with state standards and
to implement specific evidence-based practices or programs.
Comment: This plan will go to the Community Corrections Board and Justice Services.
C. Enforcement of the Prison Rape Elimination Act(PREA) requirements
Comment: ICCS has procedures already in place.
D. Emergency disaster management planning
Comment: Weld County's COG Planning greatly influenced the DCJ to add this part into its
master contract.
E. General Administrative Changes
1. Monthly bills submitted by the program to their respective boards by no later than 15th of each
month and then boards need to submit to the DO
Comment: Weld County, through Justice Services, already does this.
2. Semi-annual rather than quarterly reporting of board/county administrative funds
Comment: Weld County, through Justice Services, already does this.
3. Changes limits to Condition of Probation ("COPr") placements:
Former: These placements were limited to only 30 days
New: Now no limit on length of placement
New: No more than 3%of overall allocation can be used for COPr placements (unless waived by
the State).
Comment: The Weld County Community Corrections Board already has in place procedures to
place Condition of Probation offenders in the program but this option is rarely used because of
the once limited 30-day rule. It also tends to "net-widen" placements.This new change will open
up, most notably and possibly, placements for this population at the 12-bed Intensive
Residential Treatment program at the facility (albeit just for males).
F. New Tiered Community Corrections Board (County)Admin Allocation method
1. Year 1: No Changes—Retain up to 5%Allocation
Comment: The reality is that all counties, like Weld County, only retain 4%of the overall
allocation-5% is in the Long Bill though)
2. Years 2-5: Tiered Admin Allocation
2a. Type 1 Boards: Retain up to 3%Allocation
For Offender Screening and Payments only
3a. Type 2 Boards: Retain up to 4%Allocation
Type 1 Board PLUS
Professional staffing(i.e. Justice Services personnel)
Oversight/Monitoring/Auditing
Training/Education
Annual Reporting of performance metrics
Comment: Weld County does this now
4a. Type 3 Boards: Retain up to 5%Allocation
Type 2 Board PLUS,formal facilitation of EBP implementation
Comment: Weld County also does this now but the Community Corrections Board will have to
consider more Evidence Based Practices EBP to meet this Type of Board definition—the Weld
Community Corrections Board and Justice Services are already discussing this.
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Routing#CMS#
STATE OF COLORADO
Colorado Department of Public Safety
Contract
With F', v 0 5 r_'o,9
Board of County Commissioners of Weld County
on behalf of the Community Corrections Board
TABLE OF CONTENTS
1. PARTIES I
2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY
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
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 Board of County Commissioners
of Weld County on behalf of the Community Corrections Board,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
Rev 5/1/13
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.
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
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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 §I6
(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
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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, 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
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shall ensure that its subcontractors provide to the State an independent financial audit
The Contractorp
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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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
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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 I0 of l6
B. Contractor:
Douglas Erler, Director
Weld County Justice Services Division
P.O. Box 758
915 101h Street, Room 334
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,
which may result in the reversal of the debarment and reinstatement of Contractor, by the Executive Director,
upon a showing of good cause.
Page 11 of 16
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
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
provided by Contractor, such conflicts or inconsistencies shall be resolved by reference to the documents in
the following order of priority:
Page 12 of 16
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 §24-72-10I, 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
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 §§24-18-201 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 §§24-30-202 (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 15 of 16
22. SIGNATURE PAGE
Contract Routing Number
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: Douglas Rademacher John W.Hickenlooper,Governor
Title: Chair, Weld County Board of Commissioners Department of Public Safety
James H. Davis, Executive Director
�7C�-�\L]ai�l$67�14d C��J}r
*S
ignature
,
By:Jeann�Snit , Director
Date: APR 3 9 2014 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: Cif rite
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:
'Bcpai Uncut/off Publlie Safcty
`a Date: 7/ U//1
Page 16 of 16
&O/9- /35'/
Exhibit A
STATEMENT OF WORK
I. Responsibilities of the Contractor:
A. Approval. The Contractor shall ensure that the community corrections services are provided
through programs approved by the local community corrections board in their jurisdiction and
operating pursuant to Title 17,Article 27,and Section 18-1.3-301,C.R.S.,as amended.
B. 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 comply with the terms and provisions of this contract
and all applicable sections of Title 17,Article 27,and Section 18-1.3-301, C.R.S.,as
amended. The Contractor shall include all requirements of this contract in all subcontracts
with programs.
2) Copies of all subcontracts shall be provided to the State within ninety(90)days following the
beginning of the fiscal year or within ninety(90)days following the addition or replacement
of a new subcontractor. No payment shall be authorized unless the appropriate subcontract
has been executed and the services specified in the approved subcontract have actually been
provided.
3) All subcontractor responsibilities shall be the responsibility of the Contractor if the State is
contracting directly with a community corrections program that provides services and
supervision for offenders.
4) The Colorado Community Corrections Risk Factor Analysis published pursuant to C.R.S. 17-
27-108(2)(bxI1)(B)is attached to this contract as Exhibit"H",and is incorporated by
reference.
5) In each year,the revised Risk Factor Analysis shall be published and transmitted by the State
to the Contractor.
6) Except as otherwise provided in subsections 7)and 8)below,on July 1 of each fiscal year,
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
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 l"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 I"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 emergent basis and
after appropriate inquiry designate any program or provider receiving funds pursuant to this
contract as ineligible to continue to receive such funds when it is demonstrated either:
(a) that the current operation of the program or provider constitutes an imminent and
significant threat to public safety; OR
(b) that the program or provider has demonstrated neglect,reckless disregard,or inability to
sustain compliance with the Colorado Community Corrections Standards.
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 the
imminent and significant threat to public safety has been abated and is not likely to recur.
12) The designation of ineligibility to receive funds shall not prohibit payment for services
already rendered.
C. Standards. The Contractor shall ensure that its subcontractors meet,maintain and comply with all
applicable guidelines or standards as provided in Title 17,Article 27,and Section 18-1.3-301,
C.R.S.,as amended,and the"Colorado Community Corrections Standards",as revised or
amended,attached,marked as Exhibit"E"and incorporated herein by reference. Non-
compliance with Standards may result in:
1) Reduction of compensation as specified in the Allocation Letter, sample form attached,
marked as Exhibit"B"and incorporated herein by reference;
2) Implementation of a corrective action plan developed in conjunction with a professional
consultant with subject matter expertise in Colorado community corrections.The consultant
must be approved by the Contractor and the State. The consultant services shall be at the
expense of the program or provider.
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 the contract;
7) Cancellation of the subcontract.
D. Annual Description of Services. The Contractor shall require its programs or providers to submit
an annual plan to reach 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,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 specific evidence-based programs and practices to fidelity. If
both the Contractor and the provider are the same entity,the annual plan shall be submitted to the
State for approval and monitoring.
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,
3
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 assure that subcontractors demonstrate compliance by ensuring that reentry
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. 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. &ports. 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 period of the contract,
which include but are not limited to statistical reports,caseload data,required entries into the
Community Corrections Information and Billing computer system, Survey Questionnaires and
other records documenting the types of services provided and the identity of the individual
offenders receiving such services. Computerized termination forms and related offender data
must be completed by program staff,as prescribed by the State,for each offender served,and
shall be completed in accordance with the requirements of the State.
11. Fugitive Reporting System. Pursuant to Section 17-27-104(11),C.R.S.,the Contractor shall
ensure that any probable escape of any offender funded pursuant to this Contract is reported by
program staff providing services through this contract in the manner prescribed by the State.
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".
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 be the first day of each month to the last day of each month.
4
2) The contractor shall submit bills to the State no later than the 15th day of the month following
the end of the billing period or as required in Section I-J(4).
3) Billing shall be submitted through the Community Corrections Information and Billing
system and/or,at the sole discretion of the State,on a Community Corrections Billing form
provided to the Contractor by the State for that purpose.The State reserves the right to
modify billing procedures.
4) The Contractor shall send the Colorado Community Corrections Month-End Expenditure
Form,sample form attached hereto and incorporated by reference as Exhibit"D",within
thirty(30)days of the end of each month.
5) The Contractor shall report the total billable program costs to the State within five(5)days
after the end of the fiscal year. The State may require the Contractor to provide an estimate
of final year-end expenditures any time within sixty(60)days prior to the end of the fiscal
year.
6) The Contractor agrees to attempt to use funds on an approximately equal quarterly basis,
unless authorized by the State. If actual quarterly expenditures are less than the quarterly
advance by more than twenty percent(20%),subsequent quarterly payments may be reduced
accordingly.
K. Additional Services. The Contractor shall ensure that its subcontractors 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 services are billed by the Contractor
that exceeds the maximum total payment as described in Exhibit"B",or any subsequent Funding
Letter substantially equivalent to Exhibit"C",the State is not liable for reimbursement. Should
additional funding become available,the State may, at its own option,choose to reimburse
beyond the amount specified in Exhibit"B",by means of a Funding Letter substantially
equivalent to Exhibit"C".
L. Reimbursement by Client.
1) Subsistence-The Contractor shall ensure that its subcontractors know that they may charge
each offender participating in a community corrections program the reasonable costs of the
services not covered by State payments,pursuant to the annual legislative appropriation. The
charges may be, but are not required to be,collected on an ability-to-pay basis. Each
offender shall be issued receipts for fees collected. Offenders shall not be charged
subsistence while in jail or in the hospital.
2) Additional Program Fees-Any fees assessed to offenders in excess of the amounts listed in
the legislative appropriation for subsistence must be approved in advance by the State and the
local community corrections board. This excludes voluntary and incidental expenditures by
5
offenders that do not constitute fees that are 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 oc p 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
subcontractor shall keep the offender's bed available for a period not to exceed one(1)day during
the offender's unauthorized absence if DOC/SJB notifies the subcontractor that it does desire to
have the bed kept available.The State shall compensate the Contractor at full rate only on the day
the offender escapes.
O. Access to Medical Services. Policy and procedures of the subcontractor shall specifically
prohibit any restriction or constraint of offenders' movements or efforts to attend to their
legitimate medical or dental needs. If a medical emergency occurs,the Contractor shall ensure
that its subcontractors immediately notify the referring agency. The State shall compensate the
Contractor at the full rate of the day an offender is placed in a hospital,and at fifty percent(50%)
of the regular per diem rate for up to seven(7)days for holding a bed available during the
hospitalization of an offender, unless the referral agency notifies the subcontractor otherwise.
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 the subcontractor(s). The EDMP plan shall include a specific
plan for registered sex offenders that is consistent with conditions of sex offender supervision and
registration requirements.The EDMP shall provide a plan for transportation,housing,and
supervision of offenders in the event of fire,flood,weather event,mandatory evacuation or other
man-made or natural disaster.
Q. Notification of Ownership Changes(Governmental Entities Exempt).
1) The Contractor shall ensure that its subcontractors notify the State in writing within thirty
(30)days after becoming aware that a change in its ownership has occurred,or is certain to
occur. The Contractor shall also ensure that its subcontractors notify the State in writing
within thirty(30) days whenever changes to asset valuations or any other cost changes have
occurred,or are certain to occur,as a result of a change in ownership.
2) The Contractor shall ensure that its subcontractors:
6
(a) Maintain current,accurate and complete inventory records of assets and their costs;
(b) Provide the 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 subcontractor'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.
3) The Contractor shall include the substance of this clause in all subcontracts under this
contract that meet the applicability requirements of the State.
II. Responsibilities of the State:
A. Payment for Services.
I) The State agrees to advance funds on a quarterly basis to the Contractor in accordance with
the schedule in Exhibit"B"subject to compliance with the provision of the contract,as may
be amended by any subsequent Funding Letter substantially equivalent to Exhibit"C".
2) During the period of the contract,upon receipt of proper billings from the Contractor as
provided in paragraph J.herein, payment shall be offset against advances up to a maximum
total payment as specified in Exhibit"B".
3) Reimbursement will not be allowed for the first day of an offender's participation in a
program,but shall be allowed for the last day of an offender's participation. The day an
offender transfers from Residential to Non-Residential status,reimbursement will be made at
the residential daily rate,but shall not be made for non-residential expenses. The day an
offender transfers from Non-Residential to Residential status,reimbursement will be made
for Non-Residential expenses,but shall not be made for the residential daily rate.
4) The community corrections board,or the unit of local government that established the board,
may be allocated up to five percent(5%)of the total original allocation for administrative
purposes,contingent upon the legislative appropriation for board administrative funds. On
and after July 1,2014,through June 30, 2015,boards shall be allocated up to five percent
(5%)of the total original allocation for administrative purposes. On and after July 1,2015
and through the remaining contract period, board allocation for administrative funds shall be
dependent upon the prior year's performance as measured herein. The board or unit of local
government may opt to perform any or all of the following functions to be eligible to receive
the administrative funds:
7
(a) Tvne 1 boards shall be eligible for up to three percent(3%)of administrative funds upon
demonstration 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 hoards shall he eligible for up to four percent(4%)of administrative funds upon
demonstration of the following services and functions:
(i) All Type I 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. Enforcing 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 the 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) Tvne 3 boards shall be eligible for up to five percent(5%),contingent upon available
appropriations of administrative funds,upon demonstration of the following services and
functions:
(i) All Type 1 board services and functions,AND
(ii) All Type 2 board services and functions,AND
(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
administrative funds and maintain these records for a period of seven(7)years following
the contract period.
8
mini ive expenditures
(e) Semi-annual reports summarizing each quarter's ad strat within each
option category shall be provided to the State no later than January 31 and July 30 of
each year. The contractor shall submit additional expenditure reports if requested by the
State. The Contractor shall use the Colorado Community Corrections Quarterly
Administrative Expenditures Summary form,attached hereto and incorporated by
reference as Exhibit"G".
(f) The Contractor or employees of the Contractor who have responsibility for receipt and/or
disbursement of money under this contract shall be bonded or insured to the value of the
total allocation in Exhibit"B". Documentation of such bonding or insurance shall be
forwarded to the State prior to the disbursement of contract funds.
5) The Contractor shall use no more than three percent(3%)of their total residential diversion
allocation for condition of probation clients. This may be waived or modified,all or in part,
by the State upon request by the Contractor.
6) Any transfer of funds by the Contractor between line items listed in Exhibit"B"must be
reviewed and approved in writing by the State,except that the Contractor may transfer up to
ten percent(10%)of such funding between the line items without the approval of the State.
7) The Contractor may request funds to supplement the allocations of this contract,under
circumstances defined by the Office of State Planning and Budgeting. All requests for
supplemental funds are subject to review by the executive and legislative branches of the
State and are subject to the provisions of the Reallocation Letter.
8) Reimbursement may be allowed for any additional programmatic funding approved by the
Legislature.
B. Payment for Travel. The State shall reimburse the Contractor for travel at the rate allowed by
State Fiscal Rules,when such travel is requested by DOC or approved by the State for the
purpose of transporting offenders. The Contractor agrees that all travel to DOC correctional
facilities shall be coordinated by DOC prior to the Contractor being reimbursed. The Contractor
shall provide the State with monthly travel reports setting forth the date of travel,mileage,
destination and offenders transported. Reimbursement for mileage shall be made from the
residential transition allocation listed in Exhibit"B." Payment shall be made by the trip, not for
each individual offender.
C. Payment for Leave of Absence. The State shall pay for the following leaves of absence at the full
per diem rate,when authorized and approved by DOC or SJB:
I) "Pass or furlough"based on a privilege to leave the facility to an approved location for up to
forty-eight(48)hours.
9
2) "Off-grounds leave"for the purpose of which is to conduct a hearing or assessment
regarding the continuation of the offender in community corrections, for a maximum
allowable period of three(3)days.
3) "Emergency leave"caused by and limited to a serious life-threatening incident in the
offender's immediate family,subject to a maximum period of seven(7)days,to be
reimbursed at fifty percent(50%)of the regular per diem rate.
D. Noncompliance. The State agrees to allow the Contractor thirty(30)days within which they may
correct or justify identified issues, following a notice of non-compliance,unless there is an
immediate risk to public safety. If the identified issues are unresolved within the thirty(30)day
period,action may be taken under any applicable provisions of this Contract.
10
ALLOCATION LETTER EXHIBIT B
Date:
7/1/2014 Original Contract CMS #: 68076 Allocation Letter# 1 CMS Routing #68076
TO: Board of County Commissioners of Weld County
In accordance with Section 7.A of the Original Contract between the State of Colorado, Division
of Criminal Justice, Community Corrections, and Board of County Commissioners of Weld
County July 1, 2014 and ending on June 30, 2015, the undersigned commits the following funds
to the Grant:
1. Payment for the period July 1, 2014 through June 30, 2015, will be made as earned, in
whole or in part, from available State funds encumbered in an amount not to exceed
$2,943,059.96 to be allocated as follows :
$1,539,088.20 for Residential Diversion services for community corrections
offenders, payable at a daily community rate of$41.34 per
offender; and,
$45,267.30 for Residential Condition of Probation (IRT base beds) services for
community corrections offenders, payable at a daily community
corrections rate of$41.34 per offender; and,
$739,365.90 for Residential Transition services for community corrections
offenders, payable at a daily community corrections rate of$41.34
per offender; and,
$211,247.40 for Residential Parole services for community corrections
offenders, payable at a daily community corrections rate of$41.34
per offender; and,
$74,832.30 for Non-Residential Diversion services for offenders not to exceed
an average of$6.03 per day per offender; and,
$130,000.00 for Treatment Support
$95,064.25 for Facility Payments to be disbursed as outlined in Statewide
Facility Payments Policy for FY15 and
$108,194.61 for Community Corrections Board Administration by the
Contractor.
Page 1 of 2
Effective Date: 1/6/09-Rev 5/4/10
I
2. Financial obligations of the State of Colorado payable after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted and otherwise
made available.
3. Funds allocated in this Allocation Letter are for services rendered during the current
contract period and cannot be used to pay for community corrections services provided
in prior or future fiscal years.
4. Any unexpended funds allocated or advanced to the Contractor by the Allocation Letter
shall be reverted to the State no later than August 31, 2015.
This Allocation Letter does not constitute an order for services under this Grant.
The effective date of hereof is upon approval of the State Controller or July 1, 2014, whichever
is later.
STATE OF COLORADO
John W. Hickenlooper, GOVERNOR
Colorado Department of Public Safety
Kathy Sasak Interim Executive Director
m il/ S Aoja
C
By: Jeanne M. Smith, Director
Date: O--O--O---'2;2.f /T
ALL GRANTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS§24-30-202 requires the State Controller to approve all State Grants.This Grant is not valid until signed and dated
below by the State Controller or delegate.Grantee is not authorized to begin performance until such time.If Grantee
begins performing prior thereto,the State of Colorado is not obligated to pay Grantee for such performance or for any
goods and/or services provided hereunder.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By: I r, ,2,
6 sett / 9 '
Date: 61 is s hit'
Page 2 of 2
Effective Date: 1/6/09-Rev 5/4/10
REALLOCATION LETTER
Date: Original Contract CMS#: Funding Change Letter# Exhibit C
Reallocation Letter
TO: Insert Grantee's name
In accordance with Section of the Original Contract between the State of Colorado,Insert Name of
Department or Higher Ed Institution,and Contractor's Name beginning Insert start date and ending on Insert ending
date,the undersigned commits the following funds to the Grant:
The amount of grant funds available and specified in Section are 0 increased or 0 decreased by$amount of
change to a new total funds available of$ for the following reason: . Section is hereby modified
accordingly.
This Grant Funding Change Letter does not constitute an order for services under this Grant.
The effective date of hereof is upon approval of the State Controller or ,whichever is later.
STATE OF COLORADO
John W.Hickenlooper,Governor
Name of Agency or IHE
By: Insert Name&Title of Person Signing for Agency or IHE
Date:
ALL GRANTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS§24-30-202 requires the State Controller to approve all State contracts.This Grant Funding Change Letter is not
valid until signed and dated below by the State Controller or delegate.Grantee is not authorized to begin performance
until such time.If Grantee begins performing prior thereto,the State of Colorado is not obligated to pay Grantee for such
performance or for any goods and/or services provided hereunder.
STATE CONTROLLER
Robert Jaros,CPA,MBA,JD
By:
Insert Name of Agency or IHE Delegate-Please delete if contract will be routed to OSC for approval
Date:
Rev 5/1/13
Exhibit E
Colorado Community
Cnrrections_Standards
Co l orado liL " ft
Community
Corrections
Standards
Revised State of Colorado
August 2010 Department of Public Safety
Division of Criminal Justice
Office of Community Corrections
700 Kipling Street, Suite 1000
Denver, Colorado 80215
(303) 239-4548
http://dci.state.co.us/occ
You may download a complete copy of the Colorado Community Corrections Standards at:
http://dcj.state.co.us/occ/pdf/2010%20Commu n ity%20Corrections%20Standards.pdf
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STATE OF COLORADO
Exhibit H
Risk Factor Analysis ! A 1t,
1876
ITY CORRECTIONS
FACTOR ANALYSIS
RFA-2 (Revised Model)
YEAR 8 RESULTS
September 2012
HB 02-1077 Department of Public Safety
c.R.s. 17-27-108 (1)(B) James H. Davis — Executive Director
Division of Criminal Justice
Jeanne Smith - Director
Office of Community Corrections
Glenn A. Tapia - Director
You may download a complete copy of the Risk Factor Analysis at:
http://dcj.state.co.us/occ/RFA%20Year%208%20For%20Publication.pdf
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