HomeMy WebLinkAbout11174Docusign Envelope ID: DD829BCC-E996-876A-8295-F6D5983F09FA
City Clerk's Office Item # R5
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1111-PUEBLO
coorado
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: May 11, 2026
TO:
President Mark Aliff and Members of City Council
CC:
Mayor Heather Graham
VIA:
Clyde Bishop, City Clerk
FROM:
Steven Meier, Director of Parks and Recreation
SUBJECT:
AN ORDINANCE APPROVING AN OFFENDER LABOR COOPERATIVE
AGREEMENT WITH THE STATE OF COLORADO AND AUTHORIZING
THE MAYOR TO EXECUTE THE SAME
RIIMMORY•
This Ordinance would approve a cooperative agreement between the City and the State
of Colorado which would allow inmates serving at the Department of Corrections La Vista
Correctional Facility to assist the City's Parks and Recreation Department through the
work crew program.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
In 2019, the City contracted with the State to utilize Department of Corrections inmate
work crews. Council approval was not required at that time. During the previous
contractual period, the DOC work crews provided assistance to Parks and Recreation
staff. Crews generally consist of three to eight inmates working five to six hour shifts once
per week. Crews are transported to the work site by a DOC supervisor, who remains on -
site to monitor the crew throughout the workday.
Work provided by the DOC crews has been invaluable to the Parks and Recreation
Department, allowing City staff to complete much more park maintenance in a workday.
FINANCIAL IMPLICATIONS:
None.
Docusign Envelope ID: DD829BCC-E996-876A-8295-F6D5983F09FA
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
Reject agreement and forego DOC work crew assistance for City projects.
RECOMMENDATION:
Approval of the Ordinance.
ATTACHMENTS:
1. DOC Inmate Labor Agreement
Docusign Envelope ID: DD829BCC-E996-876A-8295-F6D5983F09FA
ORDINANCE NO. 11174
AN ORDINANCE APPROVING AN OFFENDER LABOR
COOPERATIVE AGREEMENT WITH THE STATE OF
COLORADO AND AUTHORIZING THE MAYOR TO EXECUTE
THE SAME
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Agreement effective May 11, 2026 between the City of Pueblo, a Colorado Municipal
Corporation, and the State of Colorado, a copy of which is attached hereto, having been approved
as to form by the City Attorney, is hereby approved.
SFCTION 2_
The officers and staff of the City are authorized to perform any and all acts consistent with
the intent of this Ordinance to implement the policies and procedures described herein.
SECTION 3.
This Ordinance shall become effective on the date of final action by the Mayor and City
Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on April 27, 2026.
Final adoption of Ordinance by City Council on May 11, 2026.
Action by the Mayor:
❑ Approved on 05/12/2026
❑ Disapproved on
L
Signed by:
President of City Council
based on the following objections:
Mayor
Docusign Envelope ID: DD829BCC-E996-876A-8295-F6D5983F09FA
Action by City Council After Disapproval by the Mayor:
❑ Council did not act to override the Mayor's veto.
❑ Ordinance re -adopted on a vote of , on
❑ Council action on failed to override the Mayor's veto.
President of City Council
ATTEST Docusignedby:
G 11",je:-
City Clerk
STATE OF COLORADO
OFFENDER LABOR COOPERATIVE AGREEMENT
COVER PAGE
Agreement Number
State Agency:
Colorado Department of Corrections 134894
La Vista Correctional Facility (LVCF)
Agreement Performance Beginning Date
Contractor The Later of the Effective Date or November 1,
City of Pueblo, Parks Department 2025
Initial Agreement Expiration Date
Agreement Maximum Amount: State funds
October 31, 2026
shall not be expended in the execution of this
Agreement
AGREEMENT PURPOSE
Offender Labor Agreement between Colorado Department of Corrections, La Vista Correctional Facility
(LVCF) and Contractor. In order to benefit public welfare and provide a healthful, wholesome and
educational outdoor activity, task training, and development programs for offenders, the Parties desire to
utilize offender labor in projects on public lands. LVCF seeks to provide offender workers labor where
and when possible and subject to correctional requirements, public safety considerations, as well as
weather.
OPTIONS
This agreement will automatically be extended for a period of one (1) additional year. Subsequent
annual renewals will be on the same basis and shall not exceed a total of five (5) years from effective
date.
INSURANCE
Contractor shall maintain the following insurance if indicated by a checked box, as further described in
§7. WorkerÓs Compensation General Liability
A SUBROGATION WAIVER IS REQUIRED FOR ALL INSURANCES.
EXHIBITS AND ORDER OF PRECEDENCE
The following Exhibits and attachments are included with this Agreement:
1. Exhibit A Î Statement of Work
In the event of a conflict or inconsistency between this Agreement and any Exhibit or attachment, such
conflict or inconsistency shall be resolved by reference to the documents in the following order of
priority:
1. Colorado Special Provisions in §10 of the main body of this Agreement
2. The provisions of the other sections of the main body of this Agreement
3. Exhibit A, Statement of Work
Page 1 of 15
PRINCIPAL REPRESENTATIVES
For the State: For Contractor:
Michael Johnson, Program Manager I Jeremiah Storrer, Parks Supervisor
Department of Corrections City of Pueblo, Parks Department
1410 W 13TH ST / PO BOX 3 800 Goodnight Ave
Pueblo, CO 81003 Pueblo, CO 81005
719-583-5533 jstorrer@pueblo.us
719-458-4393
micahele.johnson@state.co.us
Charlie Kuntz, Program Coordinator
City of Pueblo, Forestry
800 Goodnight Ave
Pueblo, CO 81005
719-671-3033
ckuntz@pueblo.us
Page 2 of 15
SIGNATURE PAGE
THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT
Each person signing this Agreement represents and warrants that he or she is duly authorized to execute
this Agreement and to bind the Party authorizing his or her signature.
CONTRACTOR STATE OF COLORADO
City of Pueblo Jared S. Polis, Governor
Department of Corrections
Andre Stancil, Executive Director
By: Heather Graham, City of Pueblo Mayor
By: Melissa Smith, Deputy Executive Director, Prison
Operations
Date: __________________
Date: __________________
STATE OF COLORADO
Jared S. Polis, Governor
Department of Corrections
Andre Stancil, Executive Director
By: Merideth McGrath, Deputy Executive Director, Administration
Effective Date: __________________
In accordance with §24-30-202, C.R.S., this Agreement is not valid until signed and dated above by the State
Controller or an authorized delegate.
Page 3 of 15
1. PARTIES
This Cooperative Agreement (the ÐAgreementÑ) is entered into by and between Contractor
named on the Signature and Cover Page for this Agreement (ÐContractorÑ), and the State of
Colorado, LVCF acting by and through the state agency named on the Signature and Cover Page
for this Agreement (the ÐState,Ñ ÐCDOC, FacilityÑ). Contractor and the State agree to the terms
and conditions in this Agreement.
2. TERM AND EFFECTIVE DATE
A. Effective Date
This Agreement is not valid until signed and dated above by all Parties who are an
authorized signer or a delegate
B. Initial Term
The PartiesÓ respective performances under this Agreement shall commence on the
Agreement Effective Date and shall remain in existence for one year from the day and year
written above. However, a thirty (30) day notice of termination must be given by either
Party prior to the end of the period, or this agreement shall automatically be extended for a
period of one (1) additional year. Subsequent annual renewals shall be on the same basis and
shall not exceed a total of five (5) years from effective date.
C. Termination of Agreement without Cause
Either Party shall have the right to terminate this Agreement without cause by giving the
other Party thirty (30) day written notice. If notice is so given, this Agreement shall
terminate on the expiration of the thirty (30) days, and the liability of the Parties hereunder
for the further performance of the terms of this Agreement shall cease, but the Parties shall
perform their obligations up to the date of termination. Notwithstanding such termination,
all terms and conditions of this Agreement and any exhibits and attachments hereto which
may require continued obligation or compliance beyond the termination date of the
Agreement shall survive such termination. The requirement of written notice shall not apply
if CDOC, at its sole discretion, determines the cause for termination and creates an
immediate threat to public or offender safety, health, or welfare.
D. Agreement modification
This Agreement may be modified or renewed only by written Amendment, signed by both
Parties.
3. DEFINITIONS
The following terms shall be construed and interpreted as follows:
A. Agreement means this Cooperative Agreement, including all attached Exhibits, all
documents incorporated by reference, all referenced statutes, rules and cited authorities, and
any future modifications thereto
B. Breach of Agreement means the failure of a Party to perform any of its obligations in
accordance with this Agreement, in whole or in part or in a timely or satisfactory manner.
The institution of proceedings under any bankruptcy, insolvency, reorganization or similar
law, by or against Contractor, or the appointment of a receiver or similar officer for
Contractor or any of its property, which is not vacated or fully stayed within thirty (30) days
Page 3 of 15
after the institution of such proceeding, shall also constitute a breach. If Contractor is
debarred or suspended under §24-109-105, C.R.S. at any time during the term of this
Agreement, then such debarment or suspension shall constitute a breach.
C. Business Day means any day in which the State is open and conducting business, but shall
not include Saturday, Sunday or any day on which the State observes one of the holidays
listed in §24-11-101(1), C.R.S.
D. CJI means criminal justice information collected by criminal justice agencies needed for the
performance of their authorized functions, including, without limitation, all information
defined as criminal justice information by the U.S. Department of Justice, Federal Bureau of
Investigation, Criminal Justice Information Services Security Policy, as amended and all
Criminal Justice Records as defined under §24-72-302, C.R.S.
E. CDOC means Colorado Department of Corrections.
F. CORA means the Colorado Open Records Act, §§24-72-200.1, et seq., C.R.S.
G. Effective Date means the date on which this Agreement is approved and signed by the
Colorado State Controller or designee, as shown on the Signature Page for this Agreement.
H. Exhibits means the exhibits and attachments included with this Agreement as shown on the
Cover Page for this Agreement.
I. Facility means La Vista Correctional Facility (LVCF).
J. Incident means any accidental or deliberate event that results in or constitutes an imminent
threat of the unauthorized access, loss, disclosure, modification, disruption, or destruction of
any communications or information resources of the State, which are included as part of the
Work, as described in §§24-37.5-401, et seq., C.R.S. Incidents include, without limitation,
(i) successful attempts to gain unauthorized access to a State system or State Records
regardless of where such information is located; (ii) unwanted disruption or denial of
service; (iii) the unauthorized use of a State system for the processing or storage of data; or
(iv) changes to State system hardware, firmware, or software characteristics without the
StateÓs knowledge, instruction, or consent.
K. Initial Term means the time period defined in §2.B.
L. Offender means a member of the DOC inmate population (including YOS).
M. Party means the State or Contractor, and ÐPartiesÑ means both the State and Contractor.
N. PHI means any protected health information, including, without limitation any information
whether oral or recorded in any form or medium: (i) that relates to the past, present or future
physical or mental condition of an individual; the provision of health care to an individual;
or the past, present or future payment for the provision of health care to an individual; and
(ii) that identifies the individual or with respect to which there is a reasonable basis to
believe the information can be used to identify the individual. PHI includes, but is not
limited to, any information defined as Individually Identifiable Health Information by the
federal Health Insurance Portability and Accountability Act.
O. PII means personally identifiable information including, without limitation, any information
maintained by the State about an individual that can be used to distinguish or trace an
individualÓs identity, such as name, social security number, date and place of birth, motherÓs
maiden name, or biometric records; and any other information that is linked or linkable to an
Page 4 of 15
individual, such as medical, educational, financial, and employment information. PII
includes, but is not limited to, all information defined as personally identifiable information
in ££24-72-501 and 24-73-101, C.R.S. ÐPIIÑ shall also mean Ðpersonal identifying
informationÑ as set forth at £ 24-74-102, et. seq., C.R.S.
P. Services means the services to be performed by CDOC as set forth in this Agreement.
Q. State Fiscal Rules means the fiscal rules promulgated by the Colorado State Controller
pursuant to §24-30-202(13)(a), C.R.S.
R. State Fiscal Year means a 12-month period beginning on July 1 of each calendar year and
ending on June 30 of the following calendar year. If a single calendar year follows the term,
then it means the State Fiscal Year ending in that calendar year.
S. State Records means any and all State data, information, and records, regardless of physical
form, including, but not limited to, information subject to disclosure under CORA.
T. Subcontractor means any third party engaged by Contractor to aid in performance of the
Work.
U. Term means the time period defined in §2.B.
V. Work means the Goods delivered and Services performed pursuant to this Agreement.
Any other term used in this Agreement that is defined in an Exhibit shall be construed and
interpreted as defined in that Exhibit.
4. STATEMENT OF WORK
Conditioned upon ContractorÓs performance in accordance with the provisions of this
Agreement, the State shall complete the Work as described in this Agreement and in accordance
with the provisions of Exhibit A. The State shall have no liability to perform any services not
specifically set forth in this Agreement.
5. REPORTING - NOTIFICATION
A. Litigation Reporting
If Contractor is served with a pleading or other document in connection with an action
before a court or other administrative decision making body, and such pleading or document
relates to this Agreement or may affect ContractorÓs ability to perform its obligations under
this Agreement, Contractor shall, within ten (10) days after being served, notify the State of
such action and deliver copies of such pleading or document to the StateÓs Principal
Representative identified on the Cover Page for this Agreement.
6. CONFLICTS OF INTEREST
A. Actual Conflicts of Interest
Contractor shall not engage in any business or activities or maintain any relationships that
conflict in any way with the full performance of the obligations of Contractor under this
Agreement. Such a conflict of interest would arise when a Contractor or SubcontractorÓs
employee, officer or agent were to offer or provide any tangible personal benefit to an
employee of the State, or any member of his or her immediate family or his or her partner,
related to the award of, entry into or management or oversight of this Agreement.
Page 5 of 15
B. Apparent Conflicts of Interest
Contractor acknowledges that, with respect to this Agreement, even the appearance of a
conflict of interest shall be harmful to the StateÓs interests. Absent the StateÓs prior written
approval, Contractor shall refrain from any practices, activities or relationships that
reasonably appear to be in conflict with the full performance of ContractorÓs obligations
under this Agreement.
C. Disclosure to the State
If a conflict or the appearance of a conflict arises, or if Contractor is uncertain whether a
conflict or the appearance of a conflict has arisen, Contractor shall submit to the State a
disclosure statement setting forth the relevant details for the StateÓs consideration. Failure to
promptly submit a disclosure statement or to follow the StateÓs direction in regard to the
actual or apparent conflict constitutes a Breach of Agreement.
D. Acknowledgement
Contractor acknowledges that all State employees are subject to the ethical principles
described in §24-18-105, C.R.S. Contractor further acknowledges that State employees may
be subject to the requirements of §24-18-105, C.R.S. with regard to this Agreement.
7. INSURANCE
Contractor shall obtain and maintain, and ensure that each Subcontractor shall obtain and
maintain, insurance as specified in this section at all times during the term of this Agreement. All
insurance policies required by this Agreement shall be issued by insurance companies as
approved by the State.
A. WorkersÓ Compensation
CDOC is not responsible for any WorkersÓ Compensation or disability claim filed by
Contractor. The ContractorÓs staff or volunteers are employees or volunteers of Contractor
and are not covered by CDOC.
Contractor shall maintain WorkersÓ Compensation coverage for its staff and volunteer
pursuant to the requirements of the Colorado WorkersÓ Compensation Act C.R.S. £8-40-
101, et seq. Contractor shall maintain WorkersÓ Compensation coverage for its staff and
volunteers as may be required pursuant to applicable WorkersÓ Compensation laws.
Contractor shall inform its staff and volunteers that they are responsible to secure insurance
to cover their personal medical care, which coverage is condition of this agreement, and that
CDOC does not provide any insurance coverage, including medical and WorkersÓ
Compensation Insurance coverage.
B. General Liability
Commercial general liability insurance covering premises operations, fire damage,
independent contractors, products and completed operations, blanket contractual liability,
personal injury, and advertising liability with minimum limits as follows:
i. $1,000,000 each occurrence.
ii. $1,000,000 general aggregate.
iii. $1,000,000 products and completed operations aggregate; and
iv. $50,000 any one (1) fire.
Page 6 of 15
C. Automobile Liability
Automobile liability insurance covering any auto (including owned, hired and non-owned
autos) with a minimum limit of $1,000,000 each accident combined single limit.
D. Primacy of Coverage
Coverage required of Contractor and each Subcontractor shall be primary and
noncontributory over any insurance or self-insurance program carried by Contractor or the
State.
E.Subrogation Waiver
All insurance policies secured or maintained by Contractor or its Subcontractors in relation
to this Agreement 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.
F. Public Entities
If Contractor is a Ðpublic entityÑ within the meaning of the Colorado Governmental
Immunity Act, §§24-10-101, et seq., C.R.S. (the ÐGIAÑ), Contractor shall maintain, in lieu
of the liability insurance requirements stated above, at all times during the term of this
Agreement such liability insurance, by commercial policy or self-insurance, as is necessary
to meet its liabilities under the GIA. If a Subcontractor is a public entity within the meaning
of the GIA, Contractor shall ensure that the Subcontractor maintains at all times during the
terms of this Agreement, in lieu of the liability insurance requirements stated above, such
liability insurance, by commercial policy or self-insurance, as is necessary to meet the
SubcontractorÓs obligations under the GIA.
G. Certificates
Contractor shall provide the State certificates evidencing ContractorÓs insurance coverage
required in this Agreement within seven (7) Business Days following the Effective Date.
Contractor shall provide to the State certificates evidencing Subcontractor insurance
coverage required under this Agreement within seven (7) Business Days following the
Effective Date, except that, if ContractorÓs subcontract is not in effect as of the Effective
Date, Contractor shall provide to the State certificates showing Subcontractor insurance
coverage required under this Agreement within seven (7) Business Days following
ContractorÓs execution of the subcontract. No later than fifteen (15) days before the
expiration date of ContractorÓs or any SubcontractorÓs coverage, Contractor shall deliver to
the State certificates of insurance evidencing renewals of coverage. At any other time during
the term of this Agreement, upon request by the State, Contractor shall, within seven (7)
Business Days following the request by the State, supply to the State evidence satisfactory to
the State of compliance with the provisions of this section.
8. NOTICES AND REPRESENTATIVES
Each individual identified as a Principal Representative on the Cover Page for this Agreement
shall be the Principal Representative of the designating Party. All notices required or permitted to
be given under this Agreement shall be in writing, and shall be delivered (i) by hand with receipt
required, (ii) by certified or registered mail to such PartyÓs Principal Representative at the address
set forth on the Cover Page, or (iii) as an email with read receipt requested to the Principal
Page 7 of 15
Representative at the email address, if any, set forth on the Cover Page. If a Party delivers a
notice to another through email and the email is undeliverable, then, unless the Party has been
provided with an alternate email contact, the Party delivering the notice shall deliver by hand with
receipt required or by certified or registered mail to such PartyÓs Principal Representative at the
address set forth on the Cover Page. Either Party may change its Principal Representative or
Principal Representative contact information by notice without a formal amendment to this
Agreement. Unless otherwise provided in this Agreement, notices shall be effective upon delivery
of the written notice.
9. GOVERNMENTAL IMMUNITY
Liability for claims for injuries to persons or property arising from the negligence of the State, its
departments, boards, commissions committees, bureaus, offices, employees and officials shall be
controlled and limited by the provisions of the GIA; the Federal Tort Claims Act, 28 U.S.C. Pt.
VI, Ch. 171 and 28 U.S.C. 1346(b), and the StateÓs risk management statutes, C.R.S. §§24-30-
1501, et seq. No term or condition of this AGREEMENT shall be construed or interpreted as a
waiver, express or implied, of any of the immunities, rights, benefits, protections, or other
provisions, of the Colorado Governmental Immunity Act, C.R.S. §§24-10-101, et seq., or the
Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b).
10. GENERAL PROVISIONS
A. No Displacement of Private Sector Workers
Contractor assures CDOC that the use of offender labor crews shall not displace any
workers from the private sector, and no jobs shall be taken away from the community
because of this Agreement.
B. Offender Labor Availability
Contractor understands that the offenders that are provided as laborers or installers under
this Agreement are all felons who may have been convicted of a multiple range of crimes,
except that no sex offenders shall be used under this Agreement, and that this offender labor
is subject to availability, which can be affected by the correctional environment, public
safety requirements, weather, and other issues.
C. Liability
CDOC shall assume no liability for any deficiency that Contractor may incur under this
program at any time, including the unavailability of offenders for work crews. Contractor
agrees to hold harmless CDOC for any losses resulting from delays that are beyond CDOCÓs
control or from any action required by CDOC to maintain the security and order of the
prison housing the offenders or at the worksite.
D. Force Majeure
CDOC shall not be liable to Contractor for any delay in, or failure of performance of, any
covenant or promise contained in this Agreement, nor shall any delay or failure constitute
default or give rise to any liability for damages if, and only to the extent that, such delay or
failure is caused by Ðforce majeure.Ñ As used in this Agreement, Ðforce majeureÑ means
acts of God, acts of the public enemy, acts of any governmental entity in its sovereign or
contractual capacity, prison riots or disruptions, fires, flood, epidemic, quarantine
restrictions, strikes or other labor disputes, freight embargoes, or weather.
Page 8 of 15
E. Assignment
Contractor rights and obligations under this Agreement are personal and may not be
transferred or assigned without the prior, written consent of CDOC. Any attempt at
assignment or transfer without such consent shall be void. Any assignment or transfer of
Contractor rights and obligations approved by the State shall be subject to the provisions of
this Agreement. CDOC may not grant approval for assignment unless all outstanding
invoices are paid in full.
F. Subcontracts
Contractor shall not enter into any subcontract in connection with its obligations under this
Agreement without the prior, written approval of the State. Contractor shall submit to the
State a copy of each such subcontract upon request by the State. All subcontracts entered
into by Contractor in connection with this Agreement shall comply with all applicable
federal and state laws and regulations, shall provide that they are governed by the laws of
the state of Colorado, and shall be subject to all provisions of this Agreement.
G. Binding Effect
Except as otherwise provided in §11.E, all provisions of this Agreement, including the
benefits and burdens, shall extend to and be binding upon the PartiesÓ respective successors
and assigns.
H. Authority
Each Party represents and warrants to the other that the execution and delivery of this
Agreement and the performance of such PartyÓs obligations have been duly authorized.
I. Captions and References
The captions and headings in this Agreement are for convenience of reference only, and
shall not be used to interpret, define, or limit its provisions. All references in this Agreement
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.
J. Counterparts
This Agreement may be executed in multiple, identical, original counterparts, each of which
shall be deemed to be an original, but all of which, taken together, shall constitute one and
the same agreement.
K. Entire Understanding
This Agreement represents the complete integration of all understandings between the
Parties related to the Work, and all prior representations and understandings related to the
Work, oral or written, are merged into this Agreement. Prior or contemporaneous additions,
deletions, or other changes to this Agreement shall not have any force or effect whatsoever,
unless embodied herein.
L. Jurisdiction and Venue
All suits or actions related to this Agreement shall be filed and proceedings held in the state
of Colorado and exclusive venue shall be in the City and County of Denver.
Page 9 of 15
M. Modification
Except as otherwise provided in this Agreement, any modification to this Agreement shall
only be effective if agreed to in a formal amendment to this Agreement and signed by both
parties.
N. Statutes, Regulations, Fiscal Rules, and Other Authority
i. Any reference in this Agreement to a statute, regulation, or other authority shall be
interpreted to refer to such authority then current, as may have been changed or amended
since the Effective Date of this Agreement.
ii. Contractor shall, at all times during this Agreement, strictly adhere to, and Contractor
shall ensure that all of its employees as well as all subcontractors and their employees
are informed of and abide by all applicable federal, state of Colorado, and local law and
regulations, including discrimination and unfair employment practices, and CDOC site
regulations, regarding introduction of contraband and relationships between personnel
and offenders.
O. Licenses, Permits, and Other Authorizations
Contractor shall secure, prior to the Effective Date, and maintain at all times during the
Term of this Agreement, at its sole expense, all licenses, certifications, permits, and other
authorizations required to perform its obligations under this Agreement, and shall ensure
that all employees, agents and Subcontractors secure and maintain at all times during the
term of their employment, agency or subcontract, all license, certifications, permits and
other authorizations required to perform their obligations in relation to this Agreement.
Contractor shall indemnify the State for claims by regulatory agencies or third parties.
P. Severability
The invalidity or unenforceability of any provision of this Agreement shall not affect the
validity or enforceability of any other provision of this Agreement, which shall remain in
full force and effect, provided that the Parties can continue to perform their obligations
under this Agreement in accordance with the intent of this Agreement.
Q. Survival of Certain Agreement Terms
Any provision of this Agreement that imposes an obligation on a Party after termination or
expiration of this Agreement shall survive the termination or expiration of this Agreement
and shall be enforceable by the other Party.
R. Third Party Beneficiaries
Except for the PartiesÓ respective successors and assigns described in §11.E, this Agreement
does not and is not intended to confer any rights or remedies upon any person or entity other
than the Parties. Enforcement of this Agreement 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 Agreement are incidental to this Agreement, and do not create any rights for such
third parties.
S. Waiver
A PartyÓs failure or delay in exercising any right, power, or privilege under this Agreement,
whether explicit or by lack of enforcement, shall not operate as a waiver, nor shall any
Page 10 of 15
single or partial exercise of any right, power, or privilege preclude any other or further
exercise of such right, power, or privilege.
T. CORA Disclosure
To the extent not prohibited by federal law, this Agreement and the performance measures
and standards required under C.R.S. §24-106-107, if any, are subject to public release
through the CORA.
U. Choice of Law
Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the
interpretation, execution, and enforcement of this Agreement. Any provision included or
incorporated herein by reference which conflicts with said laws, rules, and regulations shall
be null and void. Any provision rendered null and void by the operation of this provision
shall not invalidate the remainder of this Agreement, to the extent capable of execution.
V. Binding Arbitration Prohibited
The State does not agree to binding arbitration by any extra-judicial body or person. Any
provision to the contrary in this Agreement or incorporated herein by reference shall be null
and void.
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Page 11 of 15
EXHIBIT A, STATEMENT OF WORK
1. STATEMENT OF WORK
A. Conditioned upon Contractor performance in accordance with the provisions of this
Agreement, the Facility shall complete the Work as described in this Agreement and in
accordance with the provisions of this Agreement. The CDOC shall have no liability to
perform any services that are not specifically set forth in this Agreement.
B. Work performed shall adhere to all safety rules of both Contractor as well as of the CDOC.
C. Offenders shall not work in areas where communications cannot be affected through or by
radio, telephone, or cellular phone.
D. Work performed shall not displace regular CDOC employees, impair Agreements for services
in existence during the course of the Agreement, exploit offender labor, or compete with free
labor in the production of goods or services. Offenders shall not perform any personal work
for any individual or private business at any time.
E. The specific work to be performed under this Agreement shall be coordinated by both Parties
in a spirit of mutual cooperation.
F. Any resource developments or improvements under this Agreement shall remain the property
of Contractor.
G. Under no circumstance shall work crew offenders be placed in any position of authority over
other work crew offenders.
H. This Agreement only authorizes use of offenders for general labor with Contractor, and
Facility shall agree in writing on scope of work, compensation and payment terms for any
other service performed by CDOC offenders outside of the scope of this Agreement.
I. Contractor shall use CDOCÓs classification policies for work assignments to insure continuity
of services.
J. Offenders shall not operate motor vehicles on public roadways.
K. Facility Work Crew Supervisor shall provide leadership and supervision only; he/she shall not
operate equipment or perform manual labor.
L. Offender crew members placed under this agreement are not Contractor employees and do not
have entitlement to any benefits, including insurance, WorkersÓ Compensation, retirement and
leave.
M. Offender work crews shall not be used, without authorization, for fire suppression under this
Agreement.
N. Offenders shall not be utilized for sanitary maintenance of portable toilets or restroom
facilities.
O. Offenders shall not be used to install or repair electrical, plumbing, or HVAC fixtures and
equipment.
P. Offenders shall not mix, apply, or be exposed to herbicides or pesticides.
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2. CDOC, FACILITY REQUIREMENTS ARE AS FOLLOWS:
A. To furnish work crew offenders, in numbers agreed upon, from the Facility that shall be
adequately clothed for the environment enabling them to perform work on Contractor
projects.
B. Facility shall make available to Contractor any relevant information regarding CDOC policies
and procedures.
C. If vehicle/transportation of offenders is provided by Facility, Contractor shall defray
transportation costs to Facility.
i. State of Colorado Fleet Management vehicle mileage charges shall be billed to
Contractor monthly for the assigned vehicle.
ii. Invoice shall be sent to:
Jeremiah Storrer, Parks Supervisor
jstorrer@pueblo.us
D. Facility shall be responsible for offender crew members housing, feeding, medical and
clothing.
E. Facility shall perform urine analysis (ÐUAsÑ) on work crew offenders on a continual basis.
Breathalyzers shall also be utilized to test for the presence of alcohol. Any positive UAs or
positive breathalyzer tests shall lead to the offenderÓs termination from the work crew
program.
F. Facility staff shall be responsible for the health and safety of all work crew offenders;
G. Facility Work Crew Supervisor shall notify the designated Contractor Project Coordinator
when the offender work crew is not available for work assignment.
H. Facility Work Crew Supervisor shall be responsible for all work crew offenders assigned to
this program which includes keeping work crew offenders under close observation at all times
and to immediately notify the Facility, local law enforcement, or county dispatcher (any
dispatcher available if any emergency exists), if an offender is missing from the assigned
work area.
I. Facility shall make offenders available to work in this work program for up to ten (10) hours
per day, not to exceed forty (40) hours per week, to include travel time.
J. Facility shall ensure that CDOC and Contractor policies and procedures are adhered to by all
offenders at all times
K. Facility shall remove any work crew offender who is determined to be unsatisfactory due to
work activities or conduct at the work site.
3. CONTRACTOR REQUIREMENTS ARE AS FOLLOWS:
A. Contractor shall provide technical direction for Facility Work Crew Supervisors on all
programs under the terms of this Agreement.
B. Contractor shall give specific directions on how each project is to be performed, make
necessary corrections or changes, and give final approval on project work.
C. The Contractor Project Coordinator shall notify the Facility Work Program Supervisor(s) if
Work is not being performed to Contractor standards.
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D. Contractor shall notify Facility immediately if any assigned offender is a relative, friend, or
known acquaintance, or has any conflict of interest or past association with any Contractor
employee or persons under contract or doing work for Contractor.
E. Contractor Project Coordinator is responsible to call for utility line ÐlocatesÑ when offender
work crews are instructed to work in proximity to suspected or existing utility service lines.
F. Contractor shall provide restroom facilities for offenders that are separate from the public.
G. Contractor shall provide gasoline, tools, equipment safety, equipment, and all necessary
material to perform project Work.
i. Contractor shall maintain all equipment in safe and working conditions.
H. Contractor shall provide and document operational and safety training to any offender
assigned to operate equipment, other than hand held tools or small power tools in accordance
with CDOC.
i. Contractor shall maintain these records.
I. Contractor and employee vehicles near offender work areas shall be secured.
J. Contractor shall inspect the production and work processes on an ongoing basis to ensure
satisfaction with the Work.
K. Offenders shall not work in proximity to any person or area where weapons, ammunition or
alcohol are possessed or stored.
L. There shall be no smoking, vaping, e-cigarettes or any other tobacco or marijuana related
products allowed on the work site.
M. Contractor agrees that neither it nor its employees or subcontractors shall provide offenders
with access to or use of any cellular telephone, satellite phones, land line phone, computers,
tablets or other forms of electronic communication while on the Work site.
N. In the event a hostage situation arises, the State shall not negotiate the release of any offender
to secure the release of any person, including Contractor employees or SubcontractorsÓ
employees or agents. Contractor shall notify all of its employees, agents, and Subcontractors
of this policy prior to working with offenders.
End of Exhibit A
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