Loading...
HomeMy WebLinkAbout20030899.tiff RESOLUTION RE: APPROVE CONTRACT AMENDMENT#4 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 Contract Amendment#4 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 Community Corrections Board and the Colorado Department of Public Safety, effective March 1, 2003, with further terms and conditions being as stated in said amendment, and WHEREAS,after review,the Board deems it advisable to approve said amendment,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 Contract Amendment#4 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 Community Corrections Board, and the Colorado Department of Public Safety be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said amendment. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of April, A.D., 2003. BOARD OF COUNTY COMMISSIONERS WEct UNTY, COLORADO Eli A ATTEST:4 - '!� /� %C,/��(/� avid Long, Chair Weld County Clerk to the }O r", Robert D. sden, Pro-Tem BY: Deputy Clerk to the Boar M. J. eile APP D AS EXCUSED Willia H. e ounty Attor1-2' L Glenn Vaad Date of signature: • - 2003-0899 DA0002 r %adninDepartment or Agency Name Public Safety Department or Agency Number 460000 RAA Contract Routing Number CONTRACT AMENDMENT#4 THIS AMENDMENT,made this 5 day of Fifty , 20 03,by and between the State of Colorado for the use and benefit of the Department of Public Safety, Division of Criminal Justice, 700 Kipling Street, Suite 1000, Denver, Colorado 80215,hereinafter referred to as the State, and the Board of Commissioners of Weld County,hereinafter referred to as the Contractor, FACTUAL RECITALS Authority exists in the Law and Funds have been budgeted, appropriated,and otherwise made available and a sufficient unencumbered balance thereof remains available for payment; and Required approval, clearance,and coordination has been accomplished from and with appropriate agencies; and The parties entered into a contract dated July 1, 1999, for Community Corrections services, the purpose for this amendment is described below. Pursuant to its authority to administer and execute contracts under Section 17-27-108(1),C.R.S., the Division of Criminal Justice is amending the Community Corrections contracts to comply with S.B. #03-177 and Footnote#220 of S.B. #03-215. The intention in amending this contract is 1)to reduce the percentage amount of the community corrections appropriation that community corrections contractors may spend on administrative costs from five percent to four percent and 2)to allow community corrections programs to charge each offender participating in the program up to seventeen dollars($17.00)per day while in residential placement and three dollars ($3.00)per day while in non-residential placement. NOW THEREFORE, it is hereby agreed that 1. Consideration for this amendment to the original contract, Contract Routing Number DCJ-00- 04-19,Contract Encumbrance Number N/A,dated July 1, 1999 consists of the payments which shall be made pursuant to this amendment and the promises and agreements herein set forth. 2. It is expressly agreed by the parties that this amendment is supplemental to the original Contract, as amended Contract Amendment# 1, Contract Number N/A; Contract Amendment#2, Contract Number N/A; and Contract Amendment#3, Contract Number N/A,collectively referred to as the"original contract", which is,by this reference, incorporated herein,that all terms, conditions, and provisions thereof, unless specifically modified herein, are to apply to this amendment as though they were expressly rewritten, incorporated, and included herein. Page 1 of 3 033 O 7t1i 3. It is agreed the original contract is and shall be modified, altered, and changed in the following respects only: a. Paragraph 1.B.4.of Contract#DCJ-00-04-19 shall now read: "The community corrections board, or the unit of local government that established the board, may use up to four percent(4%) of the total original allocation for residential transition, residential diversion, and diversion non-residential for administrative purposes. 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: 1)Option 1: Administer contracts with approved service providers and administer payments to subcontractors—eligible for up to two percent(2%)of the funds. 2) Option 2: Provide staffing support for local boards to conduct regular business and screening functions; and in coordination with state and local agencies, monitor community corrections programs within the jurisdiction of such board, oversee compliance with state and local standards, and enforce the implementation of plans to bring providers in compliance with program standards. The community corrections board's oversight of the community corrections programs within the board's jurisdiction shall include assessing the number of offenders who have escaped from custody,based on reports prepared by the administrators of community corrections programs, and determining compliance by community corrections programs with the recommendations made in audit reports prepared by the State—eligible for up to two percent(2%) of funds. . . .". This change will be in accordance with S.B.#03-177. b. Paragraph 2.O. of Contract#DCJ-00-04-19 shall now read: "The Contractor may charge each offender participating in a community corrections program the reasonable costs of the services not covered by State payments. The charges may be collected on an ability to pay basis,but shall not exceed seventeen dollars($17.00)per day while in residential placement. Offenders in non-residential placement may be charged up to 40%of the amount billed to the State as described in Exhibit"B"but shall not exceed an average of three dollars($3.00)per day while in non-residential placement. Each offender shall be issued receipts for fees collected . . . ". This change will be in accordance with S.B. #03-215. 4. The effective date of this amendment is March 1, 2003, or upon approval of the State Controller,whichever is later. 5. Except for the "Special Provisions,"In the event of any conflict,inconsistency,variance, or contradiction between the provisions of this amendment and any of the provisions of the original contact, the provisions of this amendment shall in all respects supersede, govern, and control. The "Special Provisions"shall always be controlling over other provisions in the contract or amendments. The representations in the Special Provisions concerning the absence of bribery or corrupt influences and personal interest of State employees are presently reaffirmed. 6. 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. Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have executed this amendment on the day first above written. CONTRACTOR: STATE OF COLORADO BOARD OF COUNTY COMMISSIONERS - BILL OWENS, GOVERNOR E Cyr n WELD COUNTY, COLORADO l� Legal Name of Contracting Entity FO C zanne Mencer, Executive Director ent of Public Safety 84-6000-813 ial Security Number or FEIN ATTORNEY GENERAL Signature of Authorized Offi Ken Salazar T)avid R_ T.nno_ Ch • By: Print Name&Title of Auth 'zed Officer Date: 11 • -. '.+. CORPORATIONS: i '�2 '' ii d,y" l AL) (A corporate seal or attestation is regJ g i u` —\ Attest(Seal)By cC CM ` ti �� 4 Deputy Clerk to t��.,�'ri:'fi 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 goods and/or services provided. State Controller Barnhart By: Date: ql/UA Page 3 of 3 NINETEENTH JUDICIAL DISTRICT WELD COUNTY COMMUNITY CORRECTIONS BOARD MEMO DATE: April 2, 2003 TO: Weld County Board of Commissioners FROM: Jan-Alison Zuber, Administrative Coordinator SUBJECT: Division of Criminal Justice Grant Contract Amendment#4 Attached are copies of the Contract Amendment#4. This amendment is to change the contract language as a result of Senate Bills 03-215 and 03-177. Change number one will increase the amount community corrections programs are allowed to collect from offenders. Effective March 1, 2003 rates for residential offenders increases to $17.00 and non-residential increases to $3.00. Change number two will decrease administrative allocations from 5%to 4%. This change will be in effect April 1, 2003 through June 30, 2006. Please sign all three copies and return to me. I will forward them to Denver. When signed copies are received, I will forward a copy to Clerk to the Board. 2003-0899 Hello