HomeMy WebLinkAbout20031533 RESOLUTION
RE: APPROVE INTERGOVERNMENTAL CONTRACT FOR NONRESIDENTIAL INMATE
INTENSIVE SUPERVISION PROGRAM 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 an Intergovernmental Contract for
nonresidential Inmate Intensive Supervision Program Services between the County of Weld, State
of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
19th Judicial District Weld County Community Corrections Board, and the Colorado Department
of Corrections, commencing July 1, 2003, and ending June 30, 2008, 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 Intergovernmental Contract for nonresidential Inmate Intensive
Supervision Program Services between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, on behalf of the 19th Judicial District Weld
County Community Corrections Board,and the Colorado Department of Corrections be,and hereby
is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said contract.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 16th day of June, A.D., 2003.
BOARD OF COUNTY COM ISSIONERS
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vid E. Lon , Chair
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'!rCr v4 Robert D. den, Pro-Tem
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Deputy Clerk to the Board _ mac%✓
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G/. Glenn Vaa
Date of signature:
2003-1533
DA0002
04CAA00008
INTERGOVERNMENTAL CONTRACT
This Contract, made July 1, 2003 by and between the State of Colorado for the use and benefit of
the Colorado Department of Corrections, 2862 South Circle Drive, Suite 400, Colorado Springs,
Colorado 80906-4122, hereinafter referred to as the State or DOC, and the Board of
Commissioners of Weld County acting on behalf of the Weld County Community Corrections
Board, P.O. Box 758, Greeley, CO 80632, hereinafter referred to as the Contractor or the
County.
RECITALS:
Authority exists in the Law and Funds have been budgeted, appropriated by the Colorado
General Assembly, and otherwise made available and a sufficient uncommitted balance hereof
remains available for encumbering and subsequent payment of this Contract, and
Required approval, clearance and coordination have been accomplished from and with
appropriate agencies; and
Contracts between the State and its political subdivisions are exempt from the
procurement process, pursuant to C.R.S. 24-101-105(1); and
Weld County has been deemed capable of providing the services herein described; and
The STATE is authorized by C.R.S. 17-27.5-101(1) (C), to administer and execute
Contracts with units of local government, corrections boards, or non-governmental agencies for
the provision of community corrections intensive supervision services and programs.
NOW THEREFORE, the parties hereby agree:
Term of Contract and Effective Dates. The period of this Contract shall be from July
1, 2003 (or upon the date of the State Controller's approval, whichever is later),
through June 30, 2008.
1. THE STATE SHALL:
A. Payment for Services:
1) During the period of the Contract, upon receipt of proper billing from the
Contractor as provided in paragraph 2.C. herein, payment shall be made for
services as follows:
•
$235.00 per month for nonresidential Intensive Supervision Program(ISP)
transition Baseline Services as specified in Exhibit A and incorporated herein by
reference.
$100.00 in addition to base or full service, per month,per inmate for non
residential ISP transition Remediation Services as specified in Exhibit A,
$125.00 in addition to base or full service, per month,per inmate for non
residential ISP transition Specialized Services, as specified in Exhibit A.
2) Payment pursuant to this Contract shall be made as earned, in whole or in part,
from available State funds encumbered in an amount not to exceed $100,000 for
each fiscal year of this Contract.
3) The Contractor shall not be paid for the first day of an offender's participation in a
program, but shall be compensated for the last day of an offender's participation.
The day an offender transfers from residential to nonresidential status, the
Contractor shall be paid the residential daily rate, but shall not be compensated for
non-residential expenses. The day an offender transfers from nonresidential to
Residential status, the Contractor shall be paid for nonresidential expenses, but
shall not be compensated for the residential daily rate.
4) Funds allocated in this Contract are for services rendered during the current
Contract period and cannot be used to pay for ISP parole services provided in
prior or future fiscal years.
5) The community corrections board, or the unit of local government that established
the board, may use up to two percent (2%) of the total ISP nonresidential
allocation for administrative purposes. The board or unit of local government will
administer Contracts with approved service providers and administer payments to
subcontractors for two percent(2%) of the funds. Boards shall keep financial
records documenting the receipt and expenditures for all administrative funds.
Such records shall be maintained for a period of five (5) years following the
Contract period.
B. Option Letter: The State may unilaterally increase/decrease the maximum
amount payable under this Contract based upon the unit prices established in the
Contract and the schedule of services required, as set by the State. The State may
exercise the option by providing a fully executed option to the Contractor, in a form
substantially equivalent to Exhibit B, immediately upon signature of the State Controller
or his delegate. Performance of the service shall continue at the same rate and under the
same terms as established in the Contract.
The State may increase the quantity of services described in paragraph 1.A.1) at the unit
prices established in the Contract. The State man exercise to option by written notice to
the Contractor within 30 days before the option begins in a form substantially equivalent
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to Exhibit B. Delivery/performance of the goods/service shall continue at the same
rate and under the same terms as established in the Contract.
C. Payment for Travel: The State will reimburse the Contractor at the rate allowed by
State Fiscal Rules, when such travel is requested by the Department of Corrections
(DOC) or approved by the State for the purpose of transporting offenders. The
Contractor agrees that any and all travel to DOC correctional facilities shall be
coordinated by DOC prior to the Contractor being reimbursed. The Contractor shall
provide the State with travel reports setting forth the date of travel, mileage, destination,
and offenders transported.
D. Noncompliance: The State will withhold funds when the State determines that the
programs or facilities of the Contractor are not in compliance with this Contract.
Overpayments made by the State, in the event of noncompliance, shall be recoverable by
the State from the Contractor through deductions from future payments or request for
reimbursement of the amount of overpayment, or other set-off per Special Provision#7
herein.
E. Limitation of Payments and Liabilities: The State will assume no liability for any
deficiency that the Contractor may incur in the operation of its program nor for any debts
or expenditures incurred by the Contractor for ensuing fiscal years when funds for that
purpose have not been appropriated or budgeted.
F. Federal Funds: If this Contract involves the expenditure of federal funds, this Contract is
contingent upon continued availability of federal funds for payment pursuant to the terms
of this Contract. Contractor also agrees to fulfill the requirements of Office of
Management and Budget (OMB) Circulars A-87 and A-102 or A-110, whichever is
applicable. The Contract may also be subject to the Single Audit Act of 1984 and to
OMB Circular A-133, as applicable.
2. THE CONTRACTOR SHALL:
A. Approval: Provide community corrections inmate intensive supervision services
through programs approved by the local community corrections board in their
jurisdiction and operate pursuant to Articles 27 and 27.5, Title 17, C.R.S., as
amended and the "Colorado Community Corrections Standards", attached, marked as
Exhibit C and incorporated herein by reference. Noncompliance with standards may
result in reduction of compensation rates as specified in paragraph 1.A., cessation of
offender placements in the program, implementation of a competitive bid process,
coordinated with the local community corrections board, to consider alternate
program providers, or cancellation of the Contract.
B. Description of Services: Provide such monthly services as specified in Paragraph
1.A.1) for the provision of community corrections parole intensive supervision
services and programs.
C. Method of Billing: Bill the State for services provided on such forms and in such
manner as the State may require. Billings shall be submitted on the Monthly
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Expenditure Summary available at the Division of Community Corrections; a sample
form is attached,marked as Exhibit D, and incorporated herein by reference. In
order for the billing to be accepted by the State, the signatures of the appropriate
Community Parole Officer confirming the accuracy of the billing and the
Community Parole Supervisor approving the billing for payment is required.
Summary billings shall be submitted to the Division of Adult Parole and Community
Corrections Headquarters, 12157 W. Cedar Drive, Lakewood, CO 80228 within
thirty(30) days following the end of each month, with all subcontractor billings
attached. The Contractor shall report the total costs of its program to the State within
five (5) days after the end of the State's fiscal year. The State may require the
Contractor to provide an estimate of final year-end expenditures anytime within sixty
(60) days prior to the end of the State's fiscal year.
D. Client Files: Maintain individual files as required by DOC for each offender
participating in the Contractor's program. While in the possession of the Contractor,
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 Section 24-72-202-204, C.R.S., and Section 24-72-301-308, C.R.S.; and
in compliance with Title 28 of the Code of Federal Regulations.
E. Reports: Provide timely, prompt, and accurate reports as are or may be required by
the State during the period of the Contract, which includes but is not limited to
statistical reports, and referral and caseload data and other records documenting the
types of services provided and the identity of the individual offenders receiving such
services.
F. Review and Inspection: Make both fiscal and program files available within three
(3)working days for review and inspection by the State to assure that the Contractor
is providing the services and financial records required by this Contract.
G. Absence Due to Arrest: Notify DOC immediately if they know an inmate has been
arrested, and/or is in the custody of federal, state, or local authorities. If the
Contractor has requested and received prior written permission from DOC, the State
shall compensate the Contractor at full rate for the day the offender is arrested, and at
50% of the regular per diem rate for up to seven (7) days for maintaining the
availability of a position during the offender's absence.
H. Additional Services: 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 provided by the Contractor which exceed
the maximum total payment as described in Paragraph 1.A.2, the State is liable for
reimbursement.
Reimbursement by Client: Charge inmates in nonresidential placement an amount
that averages $3 per day, based on SB03-258, effective July 1, 2003. Any charges to
offenders in excess of this limit must be approved in advance by the State and the
local community corrections board. The Contractor must provide a description of
such additional fees, including rates, services or products purchased, and program
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policies and procedures related to collecting and record keeping to the State, the
local community corrections board, and the referring agency.
J. Inspections: Allow DOC and/or other State agency employees to inspect, with or
without notice, the facilities, records, and services provided by the Contractor to
determine compliance with this Contract.
K. Insurance: As a"public entity"within the meaning of the Colorado Governmental
Immunity Act, C.R.S. §§ 24-10-101, et seq., as amended (the"Act"), Contractor
shall at all times during the term of this Contract maintain such liability insurance, by
commercial or self-insurance, as is necessary to meet its liabilities under the Act.
Upon the request of the State, the Contractor shall show proof of such insurance.
L. Record Retention: Retain all books,records, and other documents of any party
pertaining to this Contract for five(5) years after final payment, and allow any
person duly authorized in writing by the State to have full access to and a right to
examine and copy any of the above materials during such period.
M. Confidentiality of Records: Comply with all laws regarding confidentiality of
offenders' records. Any request for information, including but not limited to
offenders' records, shall be referred by the Contractor to DOC.
N. Drug Tests: Perform periodic chemical tests as defined in the "Colorado Community
Corrections Standards" at times that cannot be predicted by the offender to determine
the use of drugs by inmates in the Contractor's nonresidential program.
O. Fiscal Accounting of Clients: Maintain an accurate fiscal accounting of the earnings
of all offenders assigned to their program or facility including, but not limited to:
gross earning,net earning, federal, state and local taxes paid, amount of restitution
agreed to and paid, savings account, subsistence charged and collected, and any other
outstanding financial obligations.
P. Information Provided: Provide information upon request to the appropriate DOC
staff and the Division of Community Corrections agents regarding the activities and
adjustment of offenders assigned to their program. Collect, maintain and make
available to DOC staff and the Parole Community Officer ongoing data regarding
employment, alcohol abuse, drug abuse,psychological problems and treatment,
vocational or educational needs and services, re arrest or other criminal activity, and
restitution.
Q. Fiscal Audit: Provide a complete independent fiscal audit for the Contract period
and deliver such audit to the State upon request. Such requirement may be waived,
all or in part, by the State.
R. Subcontracts: Contractor may subcontract for intensive supervision services
with any private agency or unit of local government for the purpose of
rendering services to inmates providing, however, that any subcontracts shall
comply with the terms and provisions of this Contract and all applicable
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sections of Articles 27 and 27.5, Title 17, C.R.S., as amended. Copies of any
subcontracts shall be provided to the State by October 1, 2003, or within thirty
(30)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. Any reference in this agreement to Contractor shall also apply
to its subcontractors providing services pursuant to Articles 27 and 27.5, Title
17, C.R.S., as amended.
3. MUTUAL PROVISIONS:
A. Assignment: The rights and duties arising under this Contract shall not be assigned
or delegated without the prior written consent of the State.
B. Termination:
(1) Either party may terminate this Contract by giving the other party thirty (30)
days prior written notice. No cause is required to exercise this right.
(2) Notwithstanding anything herein to the contrary, the parties understand and
agree that all terms and conditions of this Contract and any exhibits and attachments
hereto which may require continued performance or compliance beyond the
termination date of the Contract shall survive such termination date and shall be
enforceable by the State as provided herein in the event of such failure to perform or
comply by the Contractor.
C. Order of Precedence: This Contract consists of this document and the following
exhibits. In the event there are any inconsistencies, ambiguities or omissions
between this document and the following exhibits, this document shall govern over
the provisions of the listed exhibits.
1. Exhibit A—Description of Services and Rates
2. Exhibit B—Option Letter
3. Exhibit C - Colorado Community Corrections Standards (CCCS) revised July
1, 2002.
4. Exhibit D - Inmate Intensive Supervision Program (ISP) Services Monthly
Expenditures Summary.
D. Integration: This Contract is intended as the complete integration of all
understanding between the parties. No prior or contemporaneous addition,
deletion, or other amendment hereto have any force or effect whatsoever, unless
embodied herein in writing. No subsequent novation, renewal, addition, deletion or
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other amendment hereto shall have any force or effect unless embodied in a written
document executed and approved pursuant to the State of Colorado fiscal rules.
E. Breach: A breach of this Contract shall not be deemed to be a waiver of any
subsequent breach or default of the Contract.
F. Third-Party Beneficiary: The enforcement of the terms and conditions of this
Contract, and all rights of action relating to such enforcement, shall be strictly
reserved to the State and the Contractor, and nothing contained in this Contract shall
give or allow any claim or right of action whatsoever by any other or third person,
otherwise, it is the express intent of the parties to this Contract that any person
receiving services or benefits under this Contract shall be deemed an incidental
beneficiary only.
G. Notice: Any notice provided for in this Contract shall be in writing and served by
personal delivery or by registered or certified mail, return receipt requested and
postage prepaid at the address shown on the address listed in paragraph 2C of this
Contract, until such time as written notice of a change of address is given to the said
parties.
H. Software Piracy Prohibition: No State or other public funds payable under
this Contract shall be used for the acquisition, operation or maintenance of computer
software in violation of United States copyright laws or applicable licensing
restrictions. The Contractor hereby certifies that, for the term of this Contract and
any extensions, the Contractor has in place appropriate systems and controls to
prevent such improper use of public funds. If the State determines that the Contractor
is in violation of this paragraph, the State may exercise any remedy available at law
or equity or under this Contract, including, without limitation, immediate termination
of the Contract and any remedy consistent with United States copyright laws or
applicable licensing restrictions.
Exclusive Venue: Mandatory venue for any legal action arising from this Contract
shall be in the City and County of Denver.
J. Force Majeure: Neither the Contractor nor the State shall be liable to the other for
any delay in, or failure of performance of, any covenant or promise contained in this
Contract, 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"force
majeure". As used in this Contract "force majeure"means acts of God; acts of the
public enemy; acts of any other governmental entity in its sovereign or contractual
capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor
disputes; freight embargoes; or unusually severe weather.
K. Governmental Immunity: Notwithstanding any other provision of this Contract to the
contrary, 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, protection, or
other provisions of the Colorado Governmental Immunity Act, Section 24-10-101, it.
Seq., CRS, as now or hereafter amended. The liability of the State of Colorado, its
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departments, institutions,agencies,boards, officials and employees is controlled and
limited by the provisions of Section 24-10-101, et. seq., CRS, as now or hereafter
amended and the risk management statutes, Section 24-30-1501,et. seq., CRS, as
now or hereafter amended.
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SPECIAL PROVISIONS
(For Use Only with Inter-Governmental Contracts)
1. CONTROLLER'S APPROVAL. CRS 24-30-202 (1)
This contract shall not be deemed valid until it has been approved by the Controller of the State
of Colorado or such assistant as he may designate.
2. FUND AVAILABILITY. CRS 24-30-202 (5.5)
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. INDEMNIFICATION.
Indemnity: The contractor shall indemnify, save, and hold harmless the State against any and all
claims, damages, liability and court awards including costs, expenses, and attorney fees incurred
as a result of any act or omission by the Contractor, or its employees, agents, subcontractors, or
assignees pursuant to the terms of this contract. 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, protection, or other provisions for the parties, 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.
4. INDEPENDENT CONTRACTOR. 4 CCR 801-2
THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN
INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE. NEITHER THE
CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE
OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE.
CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND
INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID BY THE STATE
PURSUANT TO THIS CONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE
CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT
INSURANCE BENEFITS UNLESS THE CONTRACTOR OR THIRD PARTY PROVIDES
SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE
PROVIDE SUCH COVERAGE. CONTRACTOR SHALL HAVE NO AUTHORIZATION,
EXPRESS OR IMPLIED, TO BIND THE STATE TO ANY AGREEMENTS, LIABILITY, OR
UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. CONTRACTOR
SHALL PROVIDE AND KEEP IN FORCE WORKERS' COMPENSATION(AND PROVIDE
PROOF OF SUCH INSURANCE WHEN REQUESTED BY THE STATE) AND
UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY
LAW, AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE
CONTRACTOR, ITS EMPLOYEES AND AGENTS.
5. NON-DISCRIMINATION.
The contractor agrees to comply with the letter and the spirit of all applicable state and federal
laws respecting discrimination and unfair employment practices.
6. CHOICE OF LAW.
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The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be
applied in the interpretation, execution, and enforcement of this contract. Any provision of this
contract, whether or not incorporated herein by reference, which provides for arbitration by any
extra judicial body or person or which is otherwise in conflict with said laws, rules, and
regulations shall be considered null and void. Nothing contained in any provision incorporated
herein by reference which purports to negate this or any other special provision in whole or in
part shall 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 will not invalidate the remainder of this
contract to the extent that the contract is capable of execution.
At all times during the performance of this contract, the Contractor shall strictly adhere to all
applicable federal and state laws, rules, and regulations that have been or may hereafter be
established.
7. EMPLOYEE FINANCIAL INTEREST. CRS 24-18-201 & CRS 24-50-507
The signatories aver that to their knowledge, no employee of the State of Colorado has any
personal or beneficial interest whatsoever in the service or property described herein.
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SPECIAL PROVISIONS
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
CONTRACTOR: STATE OF COLORADO:
Bill Owens,GOVERNOR
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
By
Legal Name of Contracting Entity Executive Director
Department of Corrections
84-6000-813
Social Security Number or FEIN
LEGAL REVIEW:
Signature of Authorized O ice Ken Salazar,ATTORNEY GENERAL
David E. Long, Chair By
Print Name&Title of Authorized Officer
(06/16/2003)
CORPORATIONS: �S t
(A corporate seal or attestation is required) �, R
Attest(Seal)By
'q:ov,,,,. .. . .^ ra;nF 5Si?fr1"t`�'..1 , 'Q:V, , ,,,. •' .1.
Deputy Clerk to the
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not valid until
the State Controller,or such assistant as he may delegate,has signed it. The contractor is not authorized to
begin performance until the contract is signed and dated below. If performance begins prior to the date
below,the State of Colorado may not be obligated to pay for the goods and/or services provided.
STATE CONTROLLER:
Arthur Barnhart
By
Date
11
cc3 - i513
NINETEENTH JUDICIAL DISTRICT
WELD COUNTY COMMUNITY CORRECTIONS BOARD
MEMO
DATE: June 6, 2003
TO: Board of Weld County Commissioners
FROM: Jan-Alison Zuber, Administrative Coordinator
SUBJECT: Intergovernmental Contract 04CAA00008
Attached are four (4) copies of a contract between the Colorado Department of Corrections
(DOC)and the Board of Commissioners of Weld County acting on behalf of the Weld County
Community Corrections Board.
This contract is for nonresidential Inmate Intensive Supervision Program services. The contract
will be in effect from July 1, 2003 through June 30, 2008.
I respectfully request the Board of Weld County Commissioners include this item on the
Wednesday,June 11, 2003 meeting agenda for signature approval. If approved, please forward
all copies to me, I will forward them to DOC, and return a fully executed copy to the Board of
Commissioners.
Should you have any questions, please contact the Weld County Community Corrections Board
Chairman, torn Quamrnen at ext. 4717 or myself at ext. 4848
2003-1533
NINETEENTH JUDICIAL DISTRICT
WELD COUNTY COMMUNITY CORRECTIONS BOARD
MEMO
DATE: November 24, 2003
TO: Donna Bechler, Deputy Clerk to the Board
FROM: Jan-Alison Zuber, Administrative Coordinator'
SUBJECT: Resolution 2003-1533 ((JJ
The above mentioned Resolution was in regard to an Intergovernmental Contract for
Nonresidential Inmate Intensive Supervision Program Services.
This contract was returned to the Colorado Department of Corrections for state level
signatures. At that time errors were found in the contract. It was the decision of the
Department of Corrections to forward Option Letters to all judicial districts to replace
the Intergovernmental Contract.
Resolution 2003-1948 (copy attached) was approved July 28, 2003. This Option Letter
#2, is to State Contract 03-0015, (County item 2002-1195).
I would request that Resolution 2003-1533 be voided.
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