2014-10-01_PERMIT FILE - M2014055

Home Browse Search

CMS 62167 EXHIBIT H-OFFENDER LABOR AGREEMENT CMS#65485 OFFENDER LABOR AGREEMENT BETWEEN COLORADO DEPARTMENT OF CORRECTIONS, DIVISION OF CORRECTIONAL INDUSTRIES AND ACA PRODUCTS,INC. THIS OFFENDER LABOR AGREEMENT(hereafta,"Agreement"),is made by and between the state of Colorado for the use and benefit of the Department of Corrections(hereinafter referred to as "State"or"CDOC"),Division of Correctional Industries,doing business as CCi Colorado Correctional Industries,2962 South Circle Drive,Suite 120,Colorado Springs,Colorado,80906(hereinafter referred to as"CCi'),and ACA Products,Inc.,whose address is 702 Gregg Drive,Buena Vista,Colorado,B 1211, (hereinafter referred to as"Operator"). "Party"mans either CCi or Operator,and"Parties"means both CCi and Operator. RECITALS CCi is profit-oriented,which generates revemte for its operations and capital investment,which parity reimburses the general fund for the expense of correctional services,and which assumes responsibility for training offenders in general work habits,work alvUs,and specific training skills that increase their employment prospects when released;and CCi is empowered by 51 17-24-111 and 119,Colorado Revised Statutes to enter into agreements for the purpose of employing offenders committed to the Department of Corrections. CCi seeks to provide offender workers and crew lades for general labor when possible and subject to correctional requirements,public safety considerations,as well as weather, The Parties seek to use offenders and CCi crew leaders for general labor and the Operator shall pay CCi at market rates for such work; Operator acknowledges that the central purpose of this agreement is to employ and use offender labor as required under the Sand and Gravel Lase,CMS#62167(heraftrr,the"Lase"? for the operation of a sand and gravel quarry upon land owned by CDOC(hereafter,the"Quarry"). Operator further acknowledges that the failure to employ offender labor as contemplated hereunder shall frustrate the purposes of the aforementioned Lase; CCi has available offenders who can provide the offenders and crew leaders for general labor and equipment operation when possible and subject to correctional requirements,public safety considerations, as well as weather; Operator assures CCi that the use of offender labor crews will not displace any workers from the private sector,and no jobs will be taken away from the community because of this Agreement;and Operator uodc stands that the offenders that are provided as laborers under this Agreement are all felons who may have been convicted of a multiple range of crimes,and that this offender labor is subject to availability,which can be affected by the correctional environment,public safety requirements, weather,and other issues. NOW,THEREFORE,in consideration of the mutual promises and covenants contained herein Page l of 10 Exhibit H-I N -311