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Home My WebLink About20011329.tiff RESOLUTION RE: APPROVE CONTRACT FOR JUVENILE DIVERSION PROGRAM 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 Contract for the Juvenile Diversion Program 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 Attorney's Office, and the Colorado Department of Public Safety, Division of Criminal Justice, commencing July 1, 2001, and ending June 30, 2002, 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 Contract for the Juvenile Diversion Program 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 Attorney's Office, and the Colorado Department of Public Safety, Division of Criminal Justice, 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 21st day of May, A.D., 2001. BOARD OF COUNTY COMMISSIONERS L� WELD COU , COLORADO ATTEST: gte, �� /�� 44) M. J. eile, Chair Weld County Clerk t.�� , EXCUSED Glenn Vaad, Pro-Tem BY: / Deputy Clerk to the Bo�: / 4//- WilH.ARK(ARK( V AST M: E vid E. Lon ounty Attornely - Robe D. asden 2001-1329 DA0016 Department or Agency Name Public Safety Department or Agency Number RAA Contract Number OCXOn. t et 0 C CONTRACT THIS CONTRACT, made this 1°` day of July, 2001, by and between the State of Colorado for the use and benefit of the Department of *1 Public Safety, Division of Criminal Justice, 700 Kipling Street, Suite 1000, Denver, Colorado, 80215, hereinafter referred to as the State, and '2 the Office of the District Attorney, 19th Judicial District, P.O. Box 1167, Greeley, Colorado 80632, hereinafter referred to as the contractor; WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and a sufficient uncommitted balance thereof remains available for encumbering and subsequent payment of this contract under Encumbrance Number PC.S. '_DVlS€j in Fund Number 100; Appropriation Account 763/764/765 and Organization DC35. WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS *3, the Department of Public Safety, Division of Criminal Justice, is authorized by C.R.S., Article 2, Title 19- 2-303, to establish and administer juvenile diversion programs; and WHEREAS, this contract will be for the time period July 1, 2001 through June 30, 2002; and WHEREAS, the Colorado General Assembly has appropriated sufficient funds for ongoing juvenile diversion programs, as defined in the "Colorado Children's Code," for Fiscal Year 2001-2002 (July 1, 2001 to June 30, 2002); and WHEREAS, the Contractor has the ability to manage and deliver programs and services to divert delinquent youth from further involvement in the juvenile justice system and correctional system; and WHEREAS, the Contractor was selected to deliver Juvenile Diversion services in compliance with State procurement rules through RFP NRAA00101 ODCJ. NOW THEREFORE, it is hereby agreed that 1 . '4 STATEMENT OF WORK a. The Contractor shall manage a community-based program for delinquent youth to divert them from further involvement in the Justice/Correctional system. b. Services shall be provided by the Contractor in accordance with the program proposal dated July 1, 2001 through June 30, 2002, which is incorporated and made a part hereof as if fully set forth herein, and attached hereto for reference as Exhibit A. c. Funds provided through this contract shall support supervision and services to delinquent youth as follows: i) At least 50 percent of the youth served by the Contractor shall have been taken into temporary custody more than once for crimes which would constitute a misdemeanor or once for a crime which constitutes a felony; ii) No more than 50 percent of the number of youth served by the Contractor shall have been taken into temporary custody for a single crime which would Page 1 of 11 Pages *(See instructions on reverse of last page) constitute a misdemeanor. 9. Prior approval for variances to these ratios must be provided in writing by the State. 2. MAXIMUM FUNDING a. The State shall provide no more than 75 percent of total project funds during the contract period and the Contractor shall provide at least 25 percent of the funds during the contract period, commencing July 1, 2001 . The State share is $64,321. The Contractor's share is $21,440 and may be in the form of cash or in-kind services or supplies. b. Payment pursuant to this contract will be made as earned, in whole or in part, from available state funds encumbered in an amount not to exceed $64,321 for the purchase of community-based services providing the Contractor has met the requirement of providing its share of $21,440 in cash or in-kind match. The total disbursement under this contract shall not exceed $64,321. c. The monies provided herein shall only be expended for purposes of the Projects as set forth in Exhibit A. 3. METHOD OF PAYMENT a. The Contractor shall secure and maintain copies of invoices, contracts, and interagency documents for all services, supplies, capital equipment, and travel, including the rental property, which are used by the Contractor in providing services under this contract. b. The State shall pay the actual cost incurred by the Contractor for provision of services under this contract in the following manner: i) State funds may be advanced on a quarterly basis. Such advance of State funds shall be based on anticipated program expenditures during the quarter as reflected on a written form provided by the State, (this form is attached to this contract as Exhibit B). At no time shall the total of those quarterly advances exceed the pro-rated amount of State share of the contract for the quarter and expired months of the contract period, unless prior written approval has been received from the State. ii) The first quarterly advance may be requested upon final execution of this contract on the form known as Exhibit B. Subsequent advances shall be made only after the State has received and approved that form (Exhibit B), the form attached to this contract as Exhibit C, and required data collection forms. State approval shall be based on actual expenditure rates and estimated expenditures for program activities described in Exhibit A. iii) The Contractor shall report to the State on the form attached as Exhibit C the amount of local cash contributions or in-kind services received to support program activities. Such local contributions shall Page 2 of 11 Pages equal at least 25 percent of total program expenditures during the contract period. iv) The Contractor will adhere to written accounting procedures established by the State in accordance with Exhibit B and Exhibit C; and v) The Contractor will identify any cost allocation methods used in distributing portions costs. c. The State shall disallow the reimbursement of expenditures or funding advances that are determined by the State to be for: i) Alcoholic beverages; ii) Costs not incurred during the contract period; iii) Program costs not approved by the State in Exhibit A; iv) Bank overdraft charges or penalty interest expenses; and v) Capital outlay in excess of 5250.00 per purchased item where prior approval was not obtained from the State. 4. STATEMENT OF FISCAL UNDERSTANDING a. Within thirty (30) days of the end of the contract period, the Contractor shall submit to the State a final record of Expenditures using the form attached as Exhibit C. Any monies dispersed in excess of actual costs and expenditures as reflected by that report shall be refunded to the State by the Contractor within the same thirty (3O) day period. b. Within thirty (30) days of the end of the contract period, the Contractor shall refund to the State any share of the State contribution not matched by the required local cash and/or in-kind contribution. c. The Contractor agrees to complete and pay the cost of an independent fiscal audit for the contract period and deliver such audit to the State within nine (9) months of the end of the contract period. Such requirement may be waived, all or in part, by the State. e. The Contractor agrees to maintain sufficient accounting records for enable the State and the independent auditor to determine all costs for all community- based services. The Contractor shall provide to the State and the independent auditor all other sources of support and revenue attributable to the Diversion Program and all costs related to the program must be accounted for and properly classified. The Contractor agrees that any and all accounts which pertain to any service components described in Exhibit A shall be made available upon request to the State or the independent auditor. 5. EVALUATION AND MONITORING a. All research instruments and products pertaining to the Contractor's justification for serving youth under the terms of this contract shall be the property of the Division of Criminal Justice for use by the State. Such instruments and products shall not be used except with the express permission of the State. Page 3 of 11 Pages .iee b. To comply with the Single Audit and State's evaluation requirements, the Contractor shall provide fiscal, program and client information to the State at the time requested and on the forms provided for this purpose by the State. The Contractor shall provide any and all clients' information as may be permitted by the law to be released as requested by the State, including but not limited to: i) Number of clients referred per month; ii) Number of clients served per month; iii) Number of clients terminated per month with reasons for termination; iv) Name of client and number of hours served per month; v) Type of service provided per month for each client with number of hours for each service component provided; vi) Number of program hours available per month for each service component offered by the program. c. The Contractor shall be required to submit any further information requested regarding client services which is necessary for the State's development of a data-based client information system and a unit cost system for future funding. Such information requests shall be made thirty (30) days in advance and shall not require data collection or analysis on variables not routinely collected by the contractor. d. The Contractor agrees that the program's operations and services may be monitored by the State on a regular basis. The State will provide the contractor with the results of the evaluation and shall allow the Contractor opportunity to respond. 6. PERIOD OF PERFORMANCE The period of performance shall be from July 1, 2001 to June 30, 2002. 7. SUBCONTRACTS a. The parties of the subcontract recognize that none of the rights, duties or obligations arising under this contract may be assigned or delegated without the prior written consent of the State. b. All subcontracts entered into by the Contractor pursuant to this contract shall not be valid without prior approval of the State. A copy of subcontract(s) is/are incorporated herein, attached hereto and made a part hereof by this reference as Exhibit D. 8. CONFIDENTIALITY All records and information maintained by the Contractor pertaining to clients of the State shall remain confidential and shall not be released to anyone other than the person in interest, the person's parent or legal guardian, or the State, without specific order of a court with proper jurisdiction. Prior to release of any authorized information or record, the Contractor shall notify the State. Nothing in this paragraph shall be construed in any way to prevent the Contractor from releasing information to authorized parties during the normal legal conduct of the Contractor's business. Page 4 of 11 Pages 9. STATEMENT OF CONTRACT RESPONSIBILITIES The Contractor shall: a. Provide and maintain a facility that will meet all local, county, state, and federal ordinances, regulations and laws. b. Provide a staff as needed to implement the services included in Exhibit A. c. Conduct its program in accordance with all of the terms and specifications of this contract including all exhibits. d. Implement a system to maintain: i) The legal rights of the client; ii) Confidentiality of client records which shall include but not be limited to require: a) written consent to gather confidential information about the client; and b) written consent to release confidential information about the client. iii) Individual case files that: a) include records of services described in the Exhibit A; b) document the participants' eligibility as defined by state law; and c) contain a copy of the completed participant termination form. e. Submit completed Juvenile Diversion Client Termination Forms to the State within thirty (30) days of termination of each client identified as meeting the eligibility criteria as defined herein. f. Make available to the State, prior to execution of this contract, a copy of the following documents as applicable: i) Certificate and articles of incorporation; ii) Internal Revenue Service tax exempt status letter; iii) Names of persons serving on Board of Directors; iv) Corporation by-laws; v) Names of persons authorized to sign payroll and expense checks of the Contractor. g. Comply with all federal and state laws, including the Immigration Reform Control Act in all hiring practices. h. Comply with all applicable titles of the Americans with Disabilities Act (Public Law 101.336) and to submit documentation as required by the State to demonstrate compliance with this act. Maintain and make immediately available to the State at any time upon request, personnel policies and procedures which shall include policies on conflicts of interest, non-discrimination concerning race, color, creed, and national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age. Page 5 of 11 Pages • • • j. Maintain and make available to the State at any time upon request, operating policies and procedures which shall include policies on conflicts of interest, non-discrimination concerning race, color, creed, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age. k. Obtain and maintain at all times during the term of this agreement, insurance in the following kinds and amounts: it Standard Worker's Compensation and Employer Liability as required by State statute, including occupational disease, covering all employees on or off the work site, acting within the course and scope of their employment. ii) General, Personal Injury, and Automobile Liability (including bodily injury, personal injury, and property damage) minimum coverage: a) Combined single limit of $600,000 if written on an occurrence basis. b) Any aggregate limit will not be less than B1,000,000. c) Combined single limit of $600,000 for policies written on a claims- made basis. The policy shall include an endorsement, certificate, or other evidence that coverage extends two years beyond the performance period of the contract. d) If any aggregate limits are reduced below $600,000 because of claims made or paid during the required policy period, the contractor shall immediately obtain additional insurance to restore the full aggregate limit and furnish a certificate or other document showing compliance with this provision. e) Automobile liability is required if program participants are transported by auto by staff or agents of the program. Otherwise, a statement from the authorized official will certify that participants are not transported by program staff or agents and such statement is attached to Exhibit A. iii) Fidelity Bond equal to 16 percent of the contract amount to ensure refunds in the event of an audit exception. The Contractor or employees of the Contractor who have responsibility for receipt and/or disbursement of money under this contract shall be required to be bonded. The State shall be immediately notified of bond cancellation either by the underwriter or the Contractor. The State of Colorado shall be named as "additional insured." The Contractor shall attach a copy of the "Additional Insured" endorsement, establishing such additional insured status. No payments will be made until this additional insured endorsement is received. m. The insurance shall include provisions preventing cancellation without sixty (60) days prior notice to the State by certified mail. The Contractor must obtain new insurance coverage prior to the effective date of the cancellation. Page 6 of 11 Pages n. The Contractor shall provide certificates showing adequate insurance coverage to the State in Exhibit A of this contract. o. If the Contractor is a "public entity" within the meaning of the Colorado Governmental Immunity Act, 24-10-101, et seq. C.R.S., as amended ("Act"), the Contractor shall at all times during the term of this contract maintain such liability insurance, by commercial policy or self-insurance, as is necessary to meet Contractor's liabilities under the Act. Proof of such insurance shall be provided as set forth in this Section 9, paragraph n for other types of insurance. p. Maintain adequate fiscal records for a period of seven (7) years following the termination of this contract subject to inspection and audit by the State or its designee. Any audit exception shall be subject to refund to the State by the Contractor after negotiation for repayment has occurred. q. Screen, select, and supervise volunteers who interact with juveniles assigned to the program in a manner than insures compliance with contractual requirements and accountability with program services and policies described in Exhibit A. Contractor is responsible for the actions and omissions of such volunteers. The State shall: a. Monitor the Project for fiscal and program accountability. b. Provide consultation to Project staff. c. Provide to the Project direction on accounting, record-keeping, and reporting. d. Provide research and evaluation information applicable to Project operation. 10. REPRESENTATIVES a. For the purpose of this agreement, the individuals identified below are hereby designated representatives of the respective parties. Either party may from time to time designate in writing new or substitute representatives: For the State: Patricia A. Cervera Title: Program inistrator, Division of Criminal Justice �F For the Contractor: r Title: 11. CONFLICT OF INTEREST a. No employee of the Contractor shall perform or provide part-time services to a consultant or consultant firm that has been retained by the Contractor under the authority of this contract. b. The Contractor agrees that no person who presently exercises any function or responsibility in connection with the program has any personal financial or economic interest, direct or indirect, in this contract except to the extent that he may receive compensation for his performance pursuant to the Contractor. Page 7 of 11 Pages • c. No person who presently exercises any function or responsibility in connection with this program on behalf of the Contractor shall have or acquire any personal financial or economic interest, direct or indirect, which will be materially affected by this contract, except to the extent that he may receive compensation for his performance pursuant to this contract. Any economic or financial interest includes, but is not limited to: i) Any business entity in which the person has a direct or indirect interest worth more than one thousand dollars ($1,000.00); ii) Any real property in which the person has a direct or indirect interest worth more than one thousand dollars ($1,000.00); iii) Any source of income, loans, or gifts aggregating two hundred and fifty dollars ($250.00) or more in value received by or promised to the person within twelve (12) months prior to the execution date of this contract; iv) Any business entity in which the person is a director, officer, partner, trustee, employee, or holds any position of management. For purposes of this subsection, indirect investment or interest mean any investment or interest owned by the spouse, parent, brother, sister, son, daughter, father-in-law, mother-in-law, brother-in-law, sister-in-law, son- in-law, daughter-in-law of the person by an agent on his/her behalf, by any business entity controlled by said person, or by a trust in which he/she has substantial interest. A business entity is controlled by a person if that person, his/her agent, or a relative as defined above possesses more than 50 percent of the ownership interest. Said person has a substantial economic interest in a trust when the person or an above-defined relative has a present or future interest worth more than one thousand dollars ($1,000.00). d. The Contractor shall incorporate the above subsections of this section into every subcontract into which it enters in connection with this contract, making such provisions applicable to the person or entity with whom the Contractor contracts. 12. CONTRACT MODIFICATIONS, CHANGES OR AMENDMENTS This agreement is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion or other amendment hereto shall have any force or effect whatsoever, unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a written contract executed and approved pursuant to the State fiscal rules. 13. INDEPENDENT CONTRACTOR 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 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 MONEYS PAID PURSUANT TO THIS CONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR A THIRD Page 8 of 11 Pages 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 WORKER'S COMPENSATION (AND SHOW PROOF OF SUCH INSURANCE) 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. 14. INDEMNIFICATION It is agreed that the State shall not be held liable for any error or omission of the Contractor in providing services hereunder. Nothing in the indemnification clause at paragraph 4 of the Special Provisions shall be construed in any way to be a waiver by the Contractor of the protections which are granted to the Contractor and its employees under the Colorado Governmental Immunity Act, C.R.S. 24-10-101, et seq., as amended. 15. PERFORMANCE OF CONDITION PRECEDENT TO VALIDITY OF CONTRACT The Contractor and the State each certifies that all conditions precedent to the valid execution of the contract on its part have been satisfied. 16. CONTRACT TERMINATION This contract may be terminated by either party by giving thirty (30) days notice in writing, delivered by certified mail, return receipt requested, to the other party at the above address, or delivered by personal services upon the party. If notice is so given, this contract 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 contract shall thereupon cease, but the parties shall not be relieved of the duty to perform their obligation up to the date of termination. Upon receipt of notice of termination for convenience, the Contractor shall incur no further obligations in connection with the contract. The Contractor will be reimbursed for reasonable costs allocable to the contract performance. The State may deduct any unliquidated advance payments made pursuant to paragraph 3b from compensation due the Contractor, and in the event the amount advanced exceeds the compensation yet due the Contractor after termination, that amount shall be remitted to the State within thirty (30) days of contract termination. Page 9 of 11 Pages SPECIAL PROVISIONS CONTROLLER'S APPROVAL I.This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate.This provision is applicable to any contract involving the payment of money by the State. FUND AVAILABILITY 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. BOND REQUIREMENT 3.If this contract involves the payment of more than fifty thousand dollars for the construction,erection,repair,maintenance,or improvement of any building, road,bridge,viaduct,tunnel,excavation or other public work for this State,the contractor shall,before entering upon the performance of any such work included in this contract,duly execute and deliver to the State official who will sign the contract,a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one-half of the total amount payable by the terms of this contract.Such bond shall be duly executed by a qualified corporate surety conditioned upon the faithful performance of the contract and in addition,shall provide that if the contractor or his subcontractors fail to duly pay for any labor,materials,team hire,sustenance,provisions.provendor or other supplies used or consumed by such contractor or his subcontractor in performance of the work contracted to be done or fails to pay any person who supplies rental machinery,tools,or equipment in the prosecution of the work the surety will pay the same in an amount not exceeding the sum specified in the bond,together with interest at the rate of eight per cent per annum.Unless such bond is executed,delivered and filed,no claim in favor of the contractor arising under such contract shall be audited,allowed or paid.A certified or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond.This provision is in compliance with CRS 38-26-106. INDEMNIFICATION 4, To the extent authorized by law, the 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 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. DISCRIMINATION AND AFFIRMATIVE ACTION 5, The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended,and other applicable law respecting discrimination and unfair employment practices(CRS 24-34-402),and as required by Executive Order,Equal Opportunity and Affirmative Action,dated April 16, 1975.Pursuant thereto,the following provisions shall be contained in all Stare contracts or sub-contracts. During the performance of this contract,the contractor agrees as follows: (a)The contractor will not discriminate against any employee or applicant for employment because of race,creed,color, national origin, sex, marital status, religion,ancestry,mental or physical handicap,or age.The contractor will take affirmative action to insure that applicants are employed,and that employees are treated during employment,without regard to the above mentioned characteristics.Such action shall include,but not be limited to the following: employment upgrading,demotion,or transfer,recruitment or recruitment advertisings;lay-offs or terminations;rates of pay or other forms of compensation;and selection for training, including apprenticeship.The contractor agrees to post in conspicuous places,available to employees and applicants for employment, notices to be provided by the contracting officer setting forth provisions of this non-discrimination clause. (b)The contractor will,in all solicitations or advertisements for employees placed by or on behalf of the contractor,state that all qualified applicants will receive consideration for employment without regard to race,creed,color,national origin,sex,marital status,religion,ancestry,mental or physical handicap, or age. (c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding,notice to be provided by the contracting officer,advising the labor union or workers'representative of the contractor's commitment under the Executive Order,Equal Opportunity and Affirmative Action,dated April 16, 1975,and of the rules,regulations,and relevant Orders of the Governor. (d)The contractor and labor unions will furnish all information and reports required by Executive Order,Equal Opportunity and Affirmative Action of April 16, 1975,and by the rules, regulations and Orders of the Governor,or pursuant thereto,and will permit access to his books, records,and accounts by the contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules,regulations and orders, (e)A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization,or expel any such individual from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity because of race,creed,color, sex,national origin,or ancestry. (f)A labor organization,or the employees or members thereof will not aid,abet,incite,compel or coerce the doing of any act defined in this contract to be discriminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder;or attempt,either directly or indirectly,to commit any act defined in this contract to be discriminatory. Form 6-AC-02B Revised I/93 615.82.50.6020 Page.1LL of—LI_ pages (g)In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules,regulations,or orders,this con- tract may be canceled,terminated or suspended in whole or in part and the contractor may be declared ineligible for further State contracts in accordance with procedures,authorized in Executive Order,Equal Opportunity and Affirmative Action of April 16, 1975 and the rules,regulations,or orders promulgated in accordance therewith,and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Orders,Equal Opportunity and Affirmative Action of April 16, 1975,or by rules,regulations,or orders promulgated in accordance therewith,or as otherwise provided by law. (h)The contractor will include the provisions of paragraphs(a)through(h)in every subcontract and subcontractor purchase order unless exempted by rules, regulations,or orders issued pursuant to Executive Order,Equal Opportunity and Affirmative Action of April 16, 1975,so that such provisions will be binding upon each subcontractor or vendor.The contractor will take such action with respect to any subcontracting or purchase order as the contracting agency may direct,as a means of enforcing such provisions,including sanctions for noncompliance;provided,however,that in the event the contractor becomes involved in,or is threatened with,litigation,with the subcontractor or vendor as a result of such direction by the contracting agency,the contractor may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado. COLORADO LABOR PREFERENCE 6a Provisions of CRS 817101 & 102 for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereunder and are financed in whole or in part be State funds. 6b When a construction contract for a public project is to be awarded to a bidder,a resident bidder shall be allowed a preference against a nonresident bidder from a state or foreign country equal to the preference given or required by the state or foreign country in which the nonresident bidder is a resident.If it is determined by the officer responsible for awarding the bid that compliance with this subsection.06 may cause denial of federal funds which would other- wise be available or would otherwise be inconsistent with requirements of Federal law,this subsection shall be suspended,but only to the extent necessary to prevent denial of the moneys or to eliminate the inconsistency with Federal requirements(CRS 819101 and 102). GENERAL 7.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 extrajudicial 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. 8. 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. 9.Pursuant to CRS 2430202.4 (as amended),the state controller may withhold debts owed to state agencies under the vendor offset intercept system for:(a) unpaid child support debt or child support arrearages;(b)unpaid balance of tax,accrued interest,or other charges specified in Article 21,Title 39,CRS;(c) unpaid loans due to the student loan division of the department of higher education;(d)owed amounts required to be paid to the unemployment compensation fund;and(e)other unpaid debts owing to the state or any agency thereof,the amount of which is found to be owing as a result of final agency determination or reduced to judgment as certified by the controller. 10.The signatories aver that they are familiar with CRS 18-8-301,et.seq.,(Bribery and Corrupt Influences)and CRS 188 401,et.seq.,(Abuse of Public Office), and that no violation of such provisions is present. 11.The signatories aver that to their knowledge,no state employee has any personal or beneficial interest whatsoever in the service or property described herein: IN WITNESS WHEREOF,the parties hereto have executed this Contract on the day first above written. Contractor: Weld County Board of Commissioners STATE OF COLORADO Bill Owens,Governor (Full Legal Name) M. J. Celle (05/21/200L) 8G-6000-813 �i Social Security Number or FEIN XECUTIVE D R JJ n ) Signature of Authorized• '��'\ t / �, -` Cha' .1. ",v" -. Tttl o u p.,�1 If Corporation: / �' !�1, %; pY" DEPARTMENT OF Public Safety - %3 F Attest(Seal)By Matt � • `1�� SC attoaFth Depu y er to the �► ATTORNEY GENERAL APPROVALS STATE CONTROLLER By By -2bvt_ -‘ roe Form 6-AC-02C Revised 2199 615-82-50-6038 Page 11 of 11 Pages AG Fie No.AllA/CONTRACT/FFIC/LL/SPECPR0v.D0C 116393010 0P *INSTRUCTIONS (1)lnsert official Department designations,e.g.Administration,Local Affairs,etc.as appropriate. (2)Set forth company(ies)or individual(s)name(s)and address(es). (3)Insert a brief statement indicating reasons for contract,e.g., "The contract having special knowledge,expertise and skill in diagnosing and testing diseases affecting cattle;and,"Use as many"Whereas's"as required.If additional space is required continue to above words"NOW,THEREFORE;"and slate"continued on page 2."On page 2,state"Whereas continued from page I"if required. (4)Specify clearly the goods or services contracted for,the consideration moving from one party to the other,the time within the contract is to be executed, limitations on assignments,if any,and special provisions desired,or required. Seek legal assistance when in doubt.Separate each principle item and number consecutively using as many pages as necessary. (5)lf a delegee signs for the Executive Director place the words"FOR THE"before the word"EXECUTIVE" Autographic,as distinguished from stamped,signatures should,as a minimum,be affixed to the original,which will be filed by the Division of Accounts and Control, and two counterparts,one of which shall be transmitted to the contractor.If there is more than one contractor a copy so signed will be sent to each,thus requiring. additional autographic signatures. COLORADO DIVISION OF CRIMINAL JUSTICE EXHIBIT "B" DCJ FORM 3. CASH REQUEST-JUVENILE DIVERSION (See detailed instructions on the back of this form.) AGENCY: ADDRESS: [State warrant (check) will be sent to address above, noting Contract Number on check stub.] PROGRAM TITLE: CONTRACT NUMBER: PROJECT DURATION: FROM: TO: PREPARED BY: Phone: ( ) Fax: ( ) SECTION I: CASH NEEDS FOR THIS TIME PERIOD * 1. Projected or Actual Expenditures for * 1. $ (State funds and Match) (Time Period/Calendar Quarter) 2. Less Cash Match available during this time period 2. $ 3. TOTAL STATE-AWARDED FUNDS NEEDED DURING THIS TIME PERIOD (Line lminus Line 2) 3' $ SECTION II: CASH SUMMARY AND REOUEST Diversion Restitution Mediation Total 765 763 764 4. Amount of State Dollar Award: r 4. 5. Amount of State Dollars Received to Date: 5. 6. Amount of State Dollars Requested, Not Received: 6. 7. AMOUNT OF THIS REQUEST (Total equals#3 above): 17. 8. Totals of Lines 5, 6, &7: 22! 8. 9. State Award Balance (Lines 4 minus Lines 8): 9. REQUIRED SUBGRANTEE SIGNATURE OD PROJECT DIRECTOR'S SIGNATURE DATE SUBMIT TWO SIGNED FORMS, ONE WITH ORIGINAL SIGNATURE TO DCJ. DCJ Use: VENDOR#: Required Quarterly Financial Reports (DCJ Form 1-A)have been submitted to date. O Yes; O No Amount Requested on Line#7 above is O Approved; O Approved as modified to$ ; O Denied If Request was modified or denied, Reason: Program Specialist, DCJ Date cashrequestExhibitB.wpd(Rev.3/01) DETAILED PROCEDURES FOR COMPLETING DCJ Form 3 -CASH REQUEST -JUVENILE DIVERSION HEADING Agency: This is the agency to which the award was made. Address: Enter the agency's address to which the check should be sent. The warrant (State check) for the approved cash request will be sent to the contractor agency with the contract number noted on the stub. Program Title: This is the name of the program, e.g., 32p°Judicial District Juvenile Diversion Program. Contract Number: This is the Contract number assigned to the project by DCJ. It can be found on the Contract Award. Continuation Contracts must make sure they enter the current Contract number. Duration: This is the period of the Contract award, not the time period for which cash is being requested. It can be found on the Contract. Prepared by: Name of person completing this form. Include this person's phone number. This can be someone other than the project director, but the Project Director must verify the figures by signing at the bottom of the form. SECTION I -Cash Needs for this Time Period: Line 1: Projected or Actual Expenditures: Indicate the time period the cash request covers. For those projects seeking reimbursement of costs already expended,indicate the period(months)for which reimbursement is being sought. For those projects requesting a funding advance, indicate the month or quarter for which the advance is being sought. Indicate the actual expenditures(reimbursements)or projected expenditures(advance)of both award and match funds, for the time period on line 1. Line 2: Less Cash Match on Hand: Indicate the cash match that the project has currently available for project expenses during the period covered by the cash request. Line 3: Total Cash Needs for Period: Subtract Line 2 from Line 1 and enter the difference on Line 3. SECTION II -State Award Cash Summary and Request: Complete all applicable blocks in the table. Line 4: Amount of State Dollar Award: This is the amount of state dollars awarded, by Service Category and Total, to the project. This figure can be found on Attachment B of the Contract, or your most-recently approved budget revision. Line 5: Amount of State Dollars Received to Date: Indicate the amount of state dollars the program has actually received to date. Line 6: Amount of State Dollars Requested,not Received: Indicate the amount of state dollars the program has requested from DCJ on a previous cash request but has not yet received. Line 7: Amount of this Request: This figure must match the figure from Line 3 above. Line 8: Totals of Lines 5, 6. and 7: Add the amounts on Lines 5, 6, and 7 and enter the total on Line 8. Line 9: State Award Balance: Subtract the amounts on Line 8 from the amounts on Line 4 and enter the differences on Line 9. This is the amount of state funds remaining for use by the program. REQUIRED SIGNATURE The Project Director must sign and date the original Cash Request. The original and one copy must be sent to DCJ. Allow 30 days from the day you mail the request to receive the funds. If the form is not signed by the authorized Project Director, the request will be denied and returned for proper signature. DCJ Use: Quarterly Financial Reports are due within 30 days of the end of the calendar quarter. Cash Requests will be held or denied if quarterly reports are delinquent. If the amount requested is modified or denied, a copy of the form will be returned to the Project Director with the explanation of the change or denial. e EXHIBIT C COLORADO DIVISION OF CRIMINAL JUSTICE STATE AWARD, CASH MATCH, AND IN-KIND MATCH FUNDS DCJ FORM 1-A-JUVENILE DIVERSION: QUARTERLY AND FINAL SUBGRANT FINANCIAL REPORT See the reverse side of this form for detailed instructions for completing this form. AGENCY: CONTRACT NUMBER: PROGRAM TITLE PROJECT DURATION FROM: TO: PREPARED BY: WHICH CALENDAR QUARTER OF YEAR DOES THIS REPORT COVER] DATE: PHONE:( 1 July 1-Sept. 30 Jan. 1-March 31 TYPE OF REPORT: 1. Quarterly Progress : Quarter # ; and/or 2. Final Report_ Oct. 1-Dec. 31 _ April 1-June 30 EXPENDITURES Figures in the "Approved Budget" column must match the figures in Attachment C of xour Contract,or any subsequent approved budget revisions. A B C Unpaid Budget Fund Approved Expenditures Total Obligations Category Source Budget Beginning of quarter Expenditures Expenditures at end of (C on previous report) This Quarter to Date (A + B) quarter [, Award 1 zik;T , �i ! W.,-,lh Personnel Cash Match 2 =� In-kind Match 3 j it Ai0. Total 4I L I I z..,.itiii Award 6 Supplies Cash Match 6 � I and 't£iwiwgr .. ,7 Operating In-kind Match 7 i , ,ihp Total 8I I I I Award 9 Travel Cash Match 10 :# ] m s , '. In-kind Match 11 l ... �.„.-x;::,,°;��`�333�1� Total 121 I I I Award 13 Cash Match 14 Equipment �� i ,^ In-kind Match 16 s. 'v ITotal 16I I I I Award 17 Professional Cash Match 18 Contracted Services In-kind Match 19 Total 20 . Award 21 TOTALS Cash Match 22 In-kind Match 23 TOTAL 4 24 "REQUIRED CONTRACTOR SIGNATURES: I certify that, to the best of my knowledge and belief, this report is correct and complete, and that all expenditures and unpaid obligations are for the purposes set forth in the contract documents. Financial Officer's Signature / Date Project Director's Signature / Date SUBMIT TWO SIGNED FORMS, ONE WITH ORIGINAL SIGNATURES, TO DCJ NO LATER THAN 30 DAYS AFTER THE END OF EACH CALENDAR QUARTER;AND THE FINAL REPORT NO LATER THAN 45 DAYS AFTER THE END OF THE GRANT PERIOD. (Rev.3/19/01 1AExhibitC.wpo) DETAILED INSTRUCTIONS FOR COMPLETING DCJ FORM 1-A. (HINT: Complete the *'d items below an:M them make copies of the form for future quarterly and final reporting. This will save some time. However, if you have had a budget revision approved be sure to correct the "Approved Budget" column.) Heading *Agency: This is the agency with which the contract was entered. *Contract Number: This is the number assigned to the project by DCJ. It can be found on the Contract Document. *Program Title: This is the name of the program, e.g 32nd Judicial District Juvenile Diversion Program. "Duration: This is the period of the contract award. It can be found on the Contract and is changed only if the project requests and receives approval. Prepared By: This is the person who actually prepared the report. Date: This is the date this form is completed. Phone: This is the phone number of the person who actually prepared the report. Please include the area code. Type of Report: Check whether this is a quarterly progress report, and indicate which quarter number, or the final report at the end of the project. In those cases where the last quarterly report is combined with the final report, check both Quarterly Progress and Final. The Final Financial Report may be combined with the last Quarterly Financial Report only if 1) the awarded funds and any required match have been fully expended; 2) there are no unpaid obligations remaining; and 3) the report is submitted no later than 30 days after the end of the grant award period. Calendar Quarter Which This Report Covers: Fill in the year in which the quarter you are reporting on falls. Check which calendar quarter this report covers. If you are reporting on less than a full quarter, check the applicable quarter, and write in the exact dates you are reporting on in this section. Expenditures: State Award, Cash Match, and In-Kind Match: Report all expenditures approved to be charged to this contract, broken down by category and source - state award, cash, and in-kind match. In each column, carry the sum of all "Fund Source" rows to the Budget Category "Total" Row. For example, in Personnel, put the sum of rows 1, 2 and 3 (in each column) in row 4. In "TOTALS" under Budget Category, enter the sum of the Fund Source amounts from the rows above in each column. For example, Award (Row #21) would be the sum of rows 1, 5, 9, 13 and 17. To double check your figures, Row 24, "TOTAL S" should be equal to the sum of rows 21, 22 and 23; and to the sum of rows 4, 8, 12, 16 and 20. "Approved Budget: List the approved budget (state award, cash match, in-kind match, and total dollars) in each budget category. If you have no approved budget in one or more budget categories, leave those lines blank. These figures can be found on Attachment C of your Contract or your latest approved revised budget. Expenditures Beginning of Quarter (column labeled A): If this is the first fiscal report of the award, this entire column should be zeros. No expenditures are allowed before the beginning of the contract award period. If this is a subsequent fiscal report, these figures should be the same as the column labeled C on the previous quarter's financial report. This column indicates the total program expenditures prior to the quarter you are now reporting on. Expenditures This Quarter (column labeled B): Enter all state award, cash match and in-kind match expenditures made during this quarter by budget category. Total Expenditures to Date (column labeled C): Add columns A and B across and enter the total in column C. Unpaid Obligations: An unpaid obligation is a fiscal encumbrance which the contractor is legally obligated to pay because it has ordered something, or has entered into a subcontract for some service, but which has not yet been paid for at the end of the quarter. Unpaid obligations may or may not exist at the end of any given quarter in a project. No Unpaid Obligations can be charged to in-kind match. No Unpaid Obligations can remain on the Final Financial Report. The following examples of unpaid obligations are not intended to be all inclusive: 1. Personnel: Future (beyond the end of the quarter) personnel costs are never an unpaid obligation. 2. Supplies and Operating: You have signed a purchase order for office supplies, but you have not yet paid the bill. However, future anticipated expenses for which no legal obligation to pay exists are never unpaid obligations. 3. Travel: A staff member submits a travel voucher for travel which occurred during the quarter you are reporting on and you will not have an opportunity to pay the travel before completing the fiscal report. 4. Equipment: You have signed an order or contract to purchase a vehicle, but you have not yet paid the bill. 5. Professional Services/Consultants: You have entered into a contract with a consultant to provide a service. The unexpended amount of the contract at the end of the quarter is an unpaid obligation. Signatures: Both the designated Financial Officer and the Project Director must sign this report. Two signed forms, one with original signatures, must be submitted to DCJ. If either the Fiscal Officer or the.Project Director has changed since the last quarterly report, also complete and submit a Grant Amendment Form (DCJ Form 4-B). QUARTERLY REPORTS ARE DUE NO LATER THAN 30 DAYS AFTER THE END OF THE QUARTER. FINAL REPORTS ARE DUE NO LATER THAN 45 DAYS AFTER THE END OF THE GRANT PERIOD. RFP-No. RAA001010DCJ EXHIBIT A JUVENILE DIVERSION: 19TH JUDICIAL DISTRICT July 1, 2001 - June 30, 2002 A. ORGANIZATIONAL BACKGROUND AND STAFF QUALIFICATIONS The 19th Judicial District Attorney's Office is a department of Weld County,Colorado government located in Greeley, Colorado. Weld County is synonymous with the 19th Judicial District. Within the District Attorney's Office exists the Community Programs Division which includes the Juvenile Diversion Program. The Diversion Program also has a satellite office located at 330 Park Avenue, Fort Lupton, Colorado that is staffed two days/week to serve south Weld County. The 19th Judicial District Attorney's Office: Juvenile Diversion Program includes six staff persons. All project staff are under the supervision of the District Attorney, A. M. Dominguez, Jr., as illustrated in an Organizational Chart included in Appendix E. The Project Director is the Community Programs Administrator who provides immediate supervision of Diversion staff. The Administrator has an MA in.Professional Psychology: Agency Counseling and a BS in Business Administration. Her office is located within the juvenile unit. There are four Diversion counselors, masters-level Community Counselor III;as designated by Weld County Personnel,and one full-time Office Technician II(clerical). Educational backgrounds of the Diversion Counselors are listed below: 1) LeAnn Cole: MS in Applied Psychology: Mental Health Counseling. BS in Psychology. LeAnn has NCC certification. 2) John Liberty: MA in Counseling. He has CACTI' and NCACII certification. 3) Carmen Lucero-Haines: Masters in Education: Guidance and Counseling and BA in Elementary Education. 4) Jennifer Monahan: MSW and BA in Psychology. Within Weld County Government, the Board of County Commissioners have sole authority to enter into contracts. The Chairman of the Board,currently M. J. Geile, provides the authorized signature for contracts. Those persons authorized to sign payroll and expense checks for Weld County are M. J. Geile and the Weld County Director of Finance and Administration,Donald D. Warden. (See Appendix D for the Internal Revenue Service tax exempt status letter.) Within the District Attorney's Office, the Assistant District Attorney, Thomas Quammen, approves payment for all expenses. B. FUNDING PROPORTIONATE TO AT-RISK POPULATION Juvenile Diversion offices are located on the second floor of the District Attorney's Office within the Centennial Center. The street address is 915 Tenth Street,Greeley,CO 80631; the mailing address is P. O. Box 1167, Greeley, CO 80632-1167. The Diversion Program has a satellite office, utilized two days/week, for Diversion counselor to meet with clients living in south Weld County. The office street address is 330 Park Avenue,Fort Lupton, CO 80621. This building is a Weld County Services Building and provides office space for various county departments. The 19th Judicial District Attorney's Office: Juvenile Diversion Program serves all of Weld County. The larger cities in the county are Greeley and Fort Lupton. The smaller towns include -2- Ault,Dacono,Eaton,Erie,Evans,Firestone,Frederick,Gilcrest,Hudson,Keenesburg,Johnstown,Kersey, LaSalle, Lochbuie, Milliken, Nunn, Pierce, Platteville and Windsor. All criminal juvenile offense reports originate from the 20 police agencies within the 19th Judicial District, as well as those from the Weld County•Sheriff's Department, the Colorado State Patrol, and the University of Northern Colorado Department of Public Safety. They are sent to our office and reviewed by the Juvenile Chief Trial Deputy District Attorney. Juveniles deemed appropriate to be "diverted from the court system" are referred to the Juvenile Diversion Program. C. IMPACT ON JUVENILE JUSTICE SYSTEM Listed below is a description of the juvenile population within the geographic area served and the anticipated referrals for FY 2001-2002: 1. Total number of juveniles arrested last year(2000) in area served: 1,499. l.a. Total number of arrested juveniles to be referred in FY 2001-2002 for diversion services directly from the arresting agency: -0-. 2. Number of delinquency filings in the juvenile courts of the jurisdictions served in the last year(2000): 751 2.a. Total number of referrals expected in FY 2001-2002 from the District Attorney's Office in lieu of filing in juvenile court: 250. 3. Number of juveniles placed on probation in the area served during the last year (2000): 374 3.a. Total number of referrals expected from the juvenile court or probation office in FY 2001-2002 -0-. 4. Number of juveniles committed to the Division of Youth Corrections (DYC) from the area served during calendar year 2000: 73 (resident county: 66 males, 7 females1 4.a. Total number of referrals anticipated for juvenile diversion services during FY 2001-2002 from DYC: -0-. 5. Number of referrals anticipated from other agencies during FY 2001-2002: Agency: - 0- ; No. Of referrals: -0- 6. Numbers of projected percentages of juvenile population to be served by Juvenile Diversion Program in FY 2001-2002 by ethnicity: Anglo 51%; Black 1%; Hispanic 45%; Other 3%. -3- 7. LETTER FROM REFERRAL AGENCY: A letter from District Attorney, A. M. Dominguez, Jr. and Patryce Engel, Chief Trial Deputy District Attorney (juvenile division) is 'included in Appendix D to verify the projected number of diversion referrals for FY 2001-2002. All Diversion referrals are received from the Chief Trial Deputy District Attorney for Juvenile Division. Analysis of local need is evident by the numbers of juvenile offenders throughout the 19th Judicial District. This number continues to increase on annual basis. As the Juvenile Diversion Program is unique in services provided to juvenile offenders, our program design is providing services for this special population within our jurisdiction. 8. SYSTEM COLLABORATION Upon participating in the Juvenile Diversion Program,the counselor is continually assessing the variety of needs of the juvenile and his/her family. Staff attend and participate in monthly meetings of Youth Net, a City of Greeley networking organization which is open to all agencies offering services to youth in Weld County. Youth Net offers programs, agency presentations, a variety of announcements including upcoming youth programs/activities and j ob vacancies. The networking is a valuable component to ensure that all agency staff have an opportunity to meet each other and to be knowledgeable on the appropriate manner of referrals to the agencies. The Diversion Program makes referrals to Partners,Inc. for a variety of services: mentoring with Senior Partner, victim-offender mediation program/Restorative Justice Program, and the restitution program. For juveniles with more intense needs, the Diversion counselor will contact the Weld County Department of Social Services to request S.B.94 or PAC(Placement Alternative Commission)and request that the juvenile be considered for these programs. Another valuable resource is c.a.r.e. (Child Advocacy Resource & Education) for parenting and teen classes as well as juvenile abuse issues. We have contract agreements for drug/alcohol services: 1)Urine analysis screens:The Restitution Center/Villa Day Treatment Center and Island Grove Regional Treatment Center. 2) Drug/Alcohol Evaluations: ARC Counseling Center and Island Grove Regional Treatment Center. We have another grant resource that permits us to assist in payment for these services. We require random UA screens when need has been determined; and full drug/alcohol evaluations on youth who self-report on abuse and/or whose UA screens indicate abuse. Island Grove can also provide education classes as well as a facilitator for group held in our office. The Diversion Program also has a diverse number of businesses within the county who provide community service work sites for juveniles. The juvenile pays a$5.00 medical liability fee through our office (we have a contract with Hartford Ins. Co.), and thus, businesses are willing to provide a working/leaming environment for the juvenile to perform community service work as part of their Diversion contract. Agency collaboration includes:(1)Female Gender Group: female staff member from Girl Scouts- Mountain Prairie Council co-facilitates the group series. They have contributed to the curriculum of the group. (2) Victim Empathy Groups: The Diversion Counselors,Partners and the Weld County Sheriffs Department have helped each other co-facilitate Victim Empathy Groups. This provides networking between the agencies as well as insight into the other agency's programming. (3)Partners,Inc:Diversion Counselors make referrals to Senior Partner Program, the Restitution Program, Victim-Offender Mediation/Restorative Justice program. Diversion counselors also co-facilitate conferencing sessions held for Restorative Justice. (4) Drug/Alcohol services: we sub-contract with three different agencies for services: ARC Counseling Center—evaluations; Island Grove Regional Treatment Center: education/classes, evaluations and UA screens; and The Restitution Center/Villa for UA screens. -4- 9. PROGRAM EVALUATION FOR FY 2000-2001: A. •DIVERSION PROGRAM: The objectives outlined in the 19th Judicial District Attorney's Office: Juvenile Diversion Program proposal for FY2000-2001 are listed below,with a nine month report(July 1, 2000-March 31, 2001). 1. TO PROVIDE STATE CRITERIA JUVENILES WITH A COMMUNITY BASED ALTERNATIVE TO THE FORMAL COURT SYSTEM FOR AN ANTICIPATED ACCEPTANCE RATE OF 70%AND AN ANTICIPATED REJECTION RATE OF 30%. EVALUATION Contracted achieved as of 3-31-01: 70% acceptance State: 134 cases accepted of 137 = 98% Other: 122 cases accepted of 122 = 100% 30%rejection state cases rejected: 3 of 137 = 3% 2. PROJECTED RECIDIVISM RATES FOR PROGRAM PARTICIPANTS WILL BE 15% FOR SHORT-TERM RECIDIVISM AND 35%FOR LONG-TERM RECIDIVISM. EVALUATION SHORT-TERM RECIDIVISM Contracted Status as of 3-31-01: 11% (State cases only) LONG-TERM RECIDIVISM Contracted Status as of 3-31-01: 9% (State cases only) 3.PROJECTED AMOUNT OF RESTITUTION TO BE $5,000 TO BE DISBURSED TO THE VICTIMS OF THEIR CRIMES. EVALUATION Contracted status as of 3-31-01: $19,447.26 PROJECTED NUMBER OF SUPERVISED ASSIGNED COMMUNITY SERVICE WORK HOURS TO BE COMPLETED WILL BE 1,000 HOURS. EVALUATION Contracted achieved as of 3-31-01: 2,062 hours completed Our Diversion Program measures success by evaluating completion of contract requirements as well as successful achievement of our projected program objectives for each year. -5- D. APPROPRIATENESS OF SERVICES OVERVIEW OF SERVICES PROVIDED: An annual review is done with Diversion staff to review programs offered and to determine if changes are necessary. Consideration is given to: 1) types of offenses being referred to the Diversion Program, 2) age levels, 3) gender needs/issues, 4) cultural needs, 5) enhancement(not duplication),of programs the juvenile has access to in school and community. We address current needs and issues of the juvenile, family and community. GROUP EDUCATION OFFERED: A variety of group services are provided. These groups aim to improve skill deficiencies, reinforce appropriate,productive behaviors, and emphasize alternatives that are socially acceptable. The groups are described below. A Shoplift Group is provided for juveniles whose offense includes a shoplifting(misdemeanor) theft offense. This is a two-hour group which includes myths vs. facts re: shoplifting, impact of theft on merchants, written apology letter to victim(s),payment of restitution if applicable, discussion of their involvement in the offense, and an evaluation. The counselor then meets individually with each participant to review the completed Family History form and to assess if the juvenile and family are in need of additional services from our office or community referrals. Groups are split into two age categories: 10-13 and 14-17. We began referring first-time shoplift cases (ages 14-17) to Teen Court(implemented in January, 2000). Due to problems with the Teen Court administration of cases, this referral has been terminated for the time being. Another resource for shoplift cases is I.S.A.E. Program out of Denver. They offer a wide variety of classes including anger management and classes for Spanish-speaking clients. A General Life Skills Group Series is available for all juveniles participating in the Diversion Program. This is a series of five topical groups covering the areas of: introductions of group members and thinking errors; communication; anger/stress management; diversity; and refusal skills. These group sessions are scheduled on a consecutive weekly basis or on an every other week basis. Each group has approximately 7-10 juveniles in each group with the same members throughout the series. Each group session lasts for 1 ''A hours (3:30-5:00 p.m.) . Additional versions of the Life Skills Group series is listed below: a) Young Male Offender Group for ages 10-13. Groups are one hour in length. Topics covered in this series include: Communication Skills/Problem Solving("I" statements, communication styles,positive rules), Refusal Skills (boundaries, video), Anger Management (video, tuggers, warning signs, symptoms, management techniques), and Feelings. Group series lasts seven weeks. b) Older Male Offender Group for ages 14-17. Groups are 1 V2 hours in length. Topics covered in this series include: Anger Management, Conflict Resolution Skills/Problem Solving, Dating/Relationships, Job Skills, Communication, Refusal Skills. Group series lasts 6-8 weeks. c) Female Gender Group, began in 1997, for ages 10-17. This has been a successful partnership. Topics covered in this series include: Growing Up Female/Self-Esteem; Family and Relationships; Diversity; Sexuality & Teen Pregnancy: and Refusal Skills/Goal Setting, These groups are co-facilitated with one female Diversion Counselor and a female staff member from Girl Scouts- Mountain Prairie Council. Girl Scouts approached our office with a diverse set of curriculum topics -6- and an interest in working with at-risk female offenders. This has been a very successful partnership. The curriculum is age appropriate and yet flexible to meet the needs of the female participants. The feedback from the young women has been very positive. A Victim Empathy Group was first offered during 1999. This group series is usually single gender, ages 13-17. A national facilitator was brought to Greeley during February, 1999 as a joint venture between the District Attorney's Office, Probation Services, and the Weld County Sheriffs Department. The training was open to forty persons from our geographic area who work with at-risk youth and was held over a 4-day period. These three agencies schedule groups for their own caseload/clients as needed. There are several sub-committees that provide services to the overall Victim Empathy Committee including: ( a) Victim Speaker Subcommittee (crime victims that have had some time to heal and approach them to be a speaker at a group. A training is held to prepare each speaker for their presentation); (b) Statistics Committee: develop a system to keep statistics on groups held and tracking for recidivism; ©Training Committee: target agencies within the community that can provide assistance to the overall Victim Empathy process. Diversion youth are given a "BEES" pre/post test before they enter the group to measure empathy level. Youth must verbally participate in each group. A victim speaker begins each group followed by curriculum and activities being presented. The groups have been successful in the fact that it has increased juvenile offender's empathy awareness (per BEES post test scores). SEQUENCE OF ACTIVITIES OR SERVICES Referral Process: Juvenile offense reports are received daily from the 21 police agencies throughout the county. A "Names Inquiry" is conducted on each juvenile to check for local prior offenses. File folders are then made for each offender with a case number assigned. A repeat offender's diversion information is located in the computer system and a notation is made on the new offense. Information regarding the new offense is entered into our Tiburon Computer System. The Chief Deputy DA will identify when Restitution Claim forms are sent to victims . The new juvenile file is then sent to the Chief Trial Deputy DA for review. She will determine if the case will be filed in court or referred to the Diversion Program. If referred to the Diversion Program, the case files are sent to the Community Programs Administrator for review. She reads each case file and either accepts or rejects the case. If rejected, the case file is returned to the Chief Deputy DA for filing. NOTE: a case may be rejected if prior information is known, weapons involved and/or violence is prevalent. If accepted into the Diversion Program, a funding source is assigned (state/other). Case file is then assigned to a designated Diversion counselor. Diversion Acceptance Criteria: A. Commission of an illegal offense while between the ages of ten to seventeen. B. Taken into custody at least once or twice for a misdemeanor or once for a felony. C. Offense report sent to District Attorney's Office for review. D. Review by Juvenile Deputy DA to indicate: sufficiency of evidence; offense is non-violent; history of juvenile and circumstances of crime do not require a court filing. E. The juvenile must accept responsibility for participation in the criminal offense and agree to the terms of the contract agreement. F. The juvenile and parent/legal guardian must choose to participate in the Diversion Program vs. court and must agree to the terms in the contract agreement. -7- G. At intake, Diversion counselor deems juvenile appropriate for Diversion Program. Very few juveniles have been found inappropriate at this point. One factor which might precipitate rejection at this point would be the discovery of information regarding the juvenile's history that was not available prior to offering the Diversion Program. The Diversion secretary then enters the case information onto the Tiburon computer system and the program statistical information onto the LOTUS system. Letters are sent to parents listed in the case file requesting them to call our office to schedule an appointment with the assigned Diversion counselor for an Intake appointment. If parents do not call for an appointment with ten days of the date on the letter, the Diversion counselor will make an attempt to verify that the letter was sent to the correct address and send the letter once more. If there is still no response within ten days, the case is staffed with the Community Programs Administrator. If all attempts have been made to reach the family,to no avail, the case is referred back to the Chief Deputy DA for court filing. INTAKE ASSESSMENT: The counselor meets with the juvenile and parent/legal guardian. The police report is reviewed, an advisement of rights is given, and information about the juvenile records is explained. If the juvenile accepts responsibility for the offense, the Diversion Program is explained and offered to the family as an option to court;program requirements are explained. Required forms include: Legal Form, Confidentiality Form,Release of Information, Release of Liability (for all groups/community service hours, field trips, etc.), Informed Consent, Intake Data (data on client/family that is entered into computer data base for all juvenile offenders), Family History form, Contract Agreement, Restitution payment plan and policy form, Responsibilities for Community Service, Liability Terms of Agreement for Community Service, Community Service Work Agreement. A complete Family History is taken with discussion addressing specific problems. After the counselor has gained insight into individual problems, an individual contract agreement is developed. The counselor then completes the CYO-LSI risk assessment. Individualized treatment goals are established. Frequency of appointments and groups are discussed. Based on Family History information given, the Diversion Counselor will contact schools, caseworkers, therapists, and other appropriate agencies for further information. Contract agreement will always include appointments every two weeks, regular school attendance or employment, written apology letter to the victim(s), payment of restitution, community service hours, assigned papers, counseling if determined necessary, community referrals as needed, groups to attend, drug/alcohol assessments as needed. COUNSELING AND PROFESSIONAL CONSULTATION: For six to nine months, the juvenile (along with frequent family participation encouraged) meets with the Diversion counselor for regularly scheduled appointments--each appointment is 30 minutes in length. These may be planned weekly for high risk youth, but most commonly are scheduled twice monthly. The counselor supervises the completion of the contract requirements, discusses concerns of the youth as indicated in the needs assessment and plans sessions to complete the treatment goals and contract requirements. Case notes are maintained by the counselor in the juvenile's Diversion case file. Professional resources have been established in the drug/alcohol community for youth identified of having drug/alcohol problems or identified of being at risk of using. Referrals include Island Grove Regional Treatment Center(UA screens, education classes/groups, and evaluations), ARC Counseling Center(education classes/groups, evaluations), and The Restitution CenterNilla (UA screens). We have also established trips to The Restitution CenterNilla for half-day meetings -8- with Diversion youth and residents at The Restitution CenterNilla to discuss drug/alcohol issues. This has been a very effective program for both genders; ages 14-17. 'The Diversion Program contracts with a licensed professional in the psychology community to receive monthly consultation PROGRAM PHILOSOPHY: Please refer to our Juvenile Diversion brochure(see Appendix G) for the Mission Statement,Philosophy and Approach, and use of The Balanced System. It is the goal of the 19th Judicial District Attorney's Office: Juvenile Diversion program to provide a community based alternative to the formal court system for juvenile offenders who meet the criteria for services. The program seeks to provide "The Balanced Approach" concept which includes: protection to the public, holding youth accountable and responsible for their behavior, and helping youth to develop the competencies and skills needed for them to live productively and responsibly in the community. Each juvenile has a unique set of circumstances and factors which have contributed to their offense behavior. The response of the Diversion counselor will be to develop an individualized case treatment plan that is related to an assessment of unique contributing factors. Justice is best served in this program when the community, the victim(s), and the juvenile and his/her family receive balanced attention and all gain tangible outcomes from the interaction with this Diversion Program. It is within this framework that all program services are delivered. In accordance with "The Balanced Approach," it is our goal that through community service, the youth will take responsibility for their crime by returning to the community a service of measurable value. And, through the restitution program, repay the victim of damages resulting from their crime. It is our hope that with the community and youth working together, this experience will help the youth gain meaningful skills and acquire respect toward self and others; thus, leading to more productive living, a safer community environment and lower recidivism. ASSESSMENT INSTRUMENTS: CYO-LSI Assessment Instrument: During October, 1997, the Diversion counselors participated in a training provided by the State Judicial Program to learn to administer the CYO-LSI Risk Assessment Instrument (Colorado Youth Offender Level of Service Inventory). The instrument is completed within the first three appointments with the juvenile/family. An in-house Needs Assessment is utilized to accommodate two age levels: a) ages 10-13, and b) ages 14-17. This form is given to the juvenile to complete and is then discussed with the Diversion counselor. This form gives a great deal of insight into numerous areas that may not otherwise surface during Diversion. Two Diversion counselors have completed training for the Juvenile Firesetter Evaluation. The Diversion counselor will complete an initial assessment and most likely make a referral of the juvenile and their parent/legal guardian to meet with the Greeley Fire Department who will complete an in- depth interview and send evaluation results and recommendations to our office. This letter is reviewed with the juvenile and parent/legal guardian. Follow-up recommendations are made accordingly. In October, 2000, a Juvenile Firesetter Coalition was established. Our goal is to have interagency communication, consistent firesetter evaluations performed throughout the county, and regular meetings to include all fire departments, agency personnel working with juveniles, and other interested parties. We are currently in the process of developing a handbook that will be available to agencies of Weld County, developing a juvenile firesetter tracking system, and scheduling a regional firesetter training for interested persons. -9- Juveniles needing a drug and alcohol assessments can be referred to the following: a) Island Grove Regional Treatment Center(evaluations, education, groups, UA screens), b) The Restitution Center/The Villa(UA Screens), or c) ARC Counseling Center(education, groups, evaluations). Results are sent to the Diversion counselor who will review the information with the juvenile and their parent/legal guardian. Follow-up recommendations are required accordingly. TERMINATION: (1) Successful termination indicates that all terms of the contract agreement were satisfactorily completed. A Termination Summary and DCJ form are completed and placed in the case file which is given to the Community Programs Administrator for review. In the event the youth re-offends before turning age 18, they may be considered to participate in the Diversion Program a second time. (2) Unsuccessful terminations also have a Termination Summary and DCJ form completed. The case file is given to the Administrator for review. These files are given to the Chief Deputy DA for review for court filing. An unsuccessful termination would eliminate a juvenile from future consideration for the Diversion Program should he/she be detained on another charge. EVALUATION FORMS: At the final appointment, an evaluation form is given to both the youth and the parent/guardian. These forms are then placed in a file as feedback for the program. STAFF/CASE SUPERVISION: The Community Programs Administrator reviews all cases at referral and at termination. In addition, the Administrator reviews individual cases on a regular basis and provides comments to the counselor related to content and direction. Counselors inform the Administrator of any incidents, crises or high risk situations. Bi-weekly staff meetings are held with a planned agenda which includes case staffings,paperwork updates and changes, and in-service training. Each counselor meets with the Administrator on a regular basis for any programmatic concerns. An evaluation of the counselor's performance is completed, based upon the format developed by the District Attorney's Office, on an annual basis. The Administrator schedules an individual appointment with the staff member to review the evaluation. Positive and open communication is a primary concern in this program to ensure high moral and productivity. FEES ASSESSED: A. Diversion and Intake/Warning Programs: $50.00 B. Community Service Liability Fee: $ 5.00 Fees will be collected by the Diversion counselor during the first 60 days of participation in the Diversion Program or the Intake/Warning Program. Upon payment of fees, the counselor will write a receipt to the juvenile. The fee must be paid in the form of cash or money order made payable to the District Attorney's Office. The fee is then given to the Diversion secretary who will put the monies in a locked safe until the Administrator prepares a deposit. C. Shoplift Group Fee: $20. 00 (for in-house group only) Fee will be collected by the Diversion counselor prior to allowing the juvenile to participate in the Shoplift Group. All fees paid must be in the form of cash or money order made payable to the DA Office. A receipt is given to the juvenile. The Diversion secretary lock the monies in a secured area until the Administrator prepares a deposit. -10- POLICIES AND PROCEDURES for each phase of the Diversion Program are provided in a training manual. It is updated throughout the year as changes are made. Each new staff member is required to review the manual prior to beginning work with their assigned caseload. PROGRAM ASPECTS ON CULTURALLY APPROPRIATE AND GENDER-SPECIFIC SERVICES. The Diversion staff attend in-service workshops and related conferences that offer culturally appropriate information that will enhance our program services. We understand the need for speaking and/or understanding the Spanish language/culture. Therefore, staff members enroll in various levels of Spanish classes offered by the Weld County Personnel Office. Several of the Diversion staff have participated in classes. All intake packet forms have been translated into the Spanish language. We encourage family members to bring an adult family member with them if there is a need for an interpreter. We have one Diversion counselor who is both bilingual and bicultural. This benefits both our program and the juveniles and their families. In the event that we did not have a Spanish speaking staff member, our office would provide for and make arrangements to have a Spanish interpreter for the family. This service would be provided at no cost to the family. DIVERSION PROGRAM OBJECTIVES FOR FY 2001-2002: 1. To receive 250 juvenile diversion referrals to the Diversion Program, thus diverting them from court filing. This will include providing 50% state criteria juveniles with a community based alternative to the formal court system for anticipated acceptance rate of 75% and an anticipated rejection rate of 25%. a. State criteria juveniles are those who have been taken into custody for one or more misdemeanor offense or one felony, and therefore would likely result in a juvenile filing. Juveniles are referred for Diversion by the Chief Trial Deputy DA. The Community Programs Administrator assesses those referrals to determine the appropriateness of each referral programmatically and assigns cases to a Diversion counselor. b. Diversion services will include: screening, intake and assessment, individual and family counseling, educational and counseling groups such as life skills, female and male gender groups, shoplift groups, referrals to drug/alcohol evaluations/treatment programs and UA Screens, referrals for psychological testing and treatment, referrals to Partners, Inc. (Senior partner, victim-offender mediation/Restorative Justice, and Restitution Program), supervision and case management, restitution collection, and community service hours. c. Diversion services will reduce the number of cases filed in court and referred to Probation and thus reduce expensive processing through state courts. The following costs were received during April, 2001 from the following sources: Kelly Hufford of State Judicial Office (probation cost) and Andrew Martinez of Division of Youth Corrections (DYC cost). -11- The information listed below indicates the cost for Diversion, Probation, and DYC placement(all figures are for one youth/one year): Diversion Program $ 258 Probation Services $ 946* Division of Youth Corrections $51,319 *Probation cost: this omits all special purpose funds that were provided by federal funds. Overall, the Diversion Program is a significant cost savings in tax dollars to citizens in our jurisdiction as well as the state. The program components place high accountability factors on juvenile participants. Our program reflects a high success rate primarily due to these accountability factors and thus, we avoid more costly referrals and placements within the juvenile justice programs. We continue to work with Probation staff to determine program services that we can offer program participants, thus preventing court filing and adjudication. This will further provide cost savings to the community. 2. Projected recidivism rates for program participants will be 15% for short-term recidivism and 35% for long-term recidivism. a. Short-term recidivism is defined as a re-arrest while on the Diversion Program resulting in a case filing. The Chief Deputy DA, the Community Programs Administrator, and the Diversion counselor consult regarding further action. If the offense is minor and the counselor is willing to continue working with the juvenile, the juvenile is given additional consequences for the additional offense and continues on the Diversion Program. Consequences might include: additional community service hours, additional restitution to pay and/or added contractual time, etc. Short-term recidivism will be measured by any re-offense while in the Diversion Program recorded in the closing log. b. Long-term recidivism is defined as a re-offense within five years after a juvenile's case has been closed from the Diversion Program. The Chief Deputy DA and the Community Programs Administrator will jointly determine whether to file the case or to offer another opportunity to the juvenile to participate in the Diversion Program once again. Long-term recidivism will be measured by tracking all new police reports to determine if the juvenile has had any prior involvement with the Diversion Program over the past five years. If tracking records show previous Diversion involvement, a notation will be made in the new case log, along with a notation of whether the case was closed as "successful" or "unsuccessful." The number of juveniles involved with the Diversion Program who have re-offended after his/her case had been closed, will be tracked and counted. 3. Projected amount of restitution to be collected and disbursed to victims in juvenile crimes will be $7,500. a. Victims of juvenile crimes will be contacted to complete and return restitution forms. b. Each contract agreement will include payment of any restitution owed to each victim. -12- 4. Projected number of supervised assigned community service work hours to be completed will be 1,500. a. A consistent procedure is in place for assigning community service hours. In the case of a juvenile who is already employed or is responsible for family care taking, the number of hours may be altered. This provides a consistent and reliable method of assignment. Because of on-going recruitment of work sites, the counselors have more comprehensive and diverse choices related to assigning community service hours. This results in successful completion of assigned work hours and program success in general. E. ACCOUNTABILITY OF YOUTH PROJECTED RE-ARREST RATES/RECIDIVISM RATES: Short Term: 15%: Long Term: 35%. Short-Term Recidivism is defined as a re-arrest while on the Diversion Program resulting in a case filing. The Chief Trial Deputy DA,the Community Programs Administrator and the counselor consult regarding further action. If the offense is minor and the counselor feels commitment from the juvenile on the program,the juvenile is given additional consequences for the new offense and is allowed to remain on the program. Consequences may include: additional community service hours, additional restitution to pay and/or added contractual time. Short-term recidivism will be measured by any re-offense while on the program and is reported in the closing log. Long-Term Recidivism is defined as a re-offense within five years after the juvenile's case has been closed. The Chief Trial Deputy DA will determine, at the time of the new offense, whether to file the case or to have the Community Programs Administrator consider the juvenile for the Diversion Program again. Long term recidivism will be measured by tracking all new police reports to determine if the juvenile has had any prior involvement with the program over the past five years. If tracking records indicate previous Diversion involvement, a notation will be made in the new case log, along with a notation of whether the case was closed as successful or unsuccessful. VICTIM OFFENDER MEDIATION/RESTORATIVE JUSTICE: Our Diversion Program serves as a referral agency to Partners, Inc. for victim offender mediation/Restorative Justice. The Diversion counselor explains the process involved to the juvenile and parent/legal guardian. A referral form is completed and sent to Partners. Their RJ coordinator will make all necessary contacts of offender and victim and set up the conferencing date/time/location. One Diversion Counselor has completed RJ mediation training and is a conferencing co-facilitator. The Partners Program has grant monies available to pay for conferencing; therefore, there is no fee for our referrals. RESTITUTION: The Chief Trial Deputy DA determines when restitution claim forms are sent to victims. The victim has twenty days to complete the form and to document all requests with estimates or receipts regarding repair or loss. The amount of loss for each victim is divided among codefendants and each youth is held responsible for paying 100% of his/her share of restitution. A payment schedule is developed by the Diversion counselor. The juvenile must purchase a money order made payable to the victim. Our office then sends a cover letter with the money order to the victim. The restitution component of the program is designed to be a learning experience for the youth as well as a reimbursement system for the victim. Juvenile is given a 6-month time period to pay restitution in full. -13- NOTE: It is difficult to project a number of victims to receive restitution. Restitution amounts can vary from a few dollars up to $2,000. Number of victims per offense varies. COMMUNITY SERVICE HOURS: Community service hours are consistent with each juvenile participating in the Diversion Program: For ages 10-13: 10 hours are assigned for the first offense; in the event they are on the Diversion Program with two offenses, they are assigned 15 hours. For ages 14-17: 16 hours are assigned for the first offense; in the event they are on the Diversion Program with two offenses, they are assigned 24 hours. They are given a period of six weeks to complete their community service hours at a worksite assigned by their counselor. Each juvenile is required to pay a one-time$5.00 medical liability fee to this office prior to beginning their hours. Our liability policy is through Hartford Acct. And Life Insurance, Denver, CO. The work hours may be altered only in a situation where the juvenile is the caretaker of a family member or where employment and school may present a problem for the juvenile's economic and/or academic survival. REFERRALS TO OTHER AGENCIES: Counselors frequently refer juveniles to other agencies as well as community resources including service providers for youth with special needs. Those agencies utilized most frequently include: Partners, Department of Social Services, alternative schools, GED programs, Boys and Girls.Club, Rodarte Center, Youth Passages (North Colorado Psychcare Youth Treatment Program), Job Services, Job Corps, Island Grove Regional Treatment Center (for substance abuse evaluation/treatment, education/groups, and UA screens), The Restitution Center/The Villa(UA screens), and ARC Counseling Center(evaluations/treatment recommendations), and c.a.r.e. (Child Advocacy Resource and Education). SUPPORTIVE EDUCATION SERVICES: During the intake process, the counselor identifies and addresses academic, behavioral, and attitudinal problem areas in the juvenile's educational setting. The Diversion Program goal is to maintain students in their present educational setting or to prepare them for reintegration into a public school setting, a vocational program such as Job Corps or into a GED program. To assist the juvenile in attaining these goals, the counselor may obtain overall school progress reports, achievement scores, attendance records, discipline information, suspension and expulsion and ability scores from the schools. The counselor may request input in special educational staffings. Effective February, 2001, a collaborative effort with School District 6, Greeley Police Department School Resource Officers (SRO), and the Diversion Program emerged. We share information on students at designated middle and high schools. The SROs then get to know the • students and report any problems/concerns to the Diversion Counselor. This has been a successful venture. COUNSELING: All counselors are required to have masters degrees in the counseling field and at least one year experience. The counseling staff is well-equipped to provide short-term guidance and counseling to troubled youth and their families. As indicated above, the program provides individual, group and family involvement, and counselors are supervised according to state law by a qualified expert. In addition, a number of juveniles and their families are referred outside the program for therapy when assessed as necessary. -14- OTHER MEASURES OF PROGRAM SUCCESS: a) RESTITUTION COLLECTIONS: The Diversion Program continues to have a high success rate in the collection of restitution monies. We set fine limits with the juvenile regarding payment to the victim for damages/injuries. We strongly encourage the youth to earn their own restitution monies, discourage parents from "handing over" the monies to their youth for payment, and refer the youth to the Partners Restitution Program as a resource to earn monies. Thus, we can continue to project that we will have a high success rate of victims receiving reimbursement. b) COMMUNITY SERVICE HOURS: Youth, ages 10-17, are expected to complete a set number of community service hours. We attempt to match their level of skill/interest to a work site we have established in the community. We have had several youth complete hours at the Boys and Girls Club and upon completion,they were offered a summer or seasonal job. One youth knew sign language. She as matched with the Center for Independence and worked in the office greeting clients,utilizing her sign language skills. F. COST EFFECTIVENESS OF PLACEMENT 1. ANNUAL BUDGET Refer to Attachments B and C for more detailed budget information as requested. Fees for Service: Our program charges the following fees for service: $50 for full Diversion Program (6-9 months in length) $50 for Intake/Warning Program (3 months in length) $20 for Shoplift Group (one time group) Fees are explained at the Intake appointment and due within 60 days. If youth/family state that there is a hardship in fee payment, the Diversion Counselor will staff the case with the Administrator and we will consider one of the following: 1) refer the youth to the Partners Restitution Program to eam the program fee(we inform Partners of the payment due date); or 2) we will waive the program fee. Waiver of program fee is granted for approximately 4 families per year based on hardship. The hardship is self-report information gathered through the various forms completed at the Intake appointment. Collected fees are deposited into an account established with the Weld County Accounting Office. The Administrator makes monthly deposits to the account. At the end of the grant year, these monies are then absorbed by Weld County General Funds as our portion of the local match. 2. BUDGET NARRATIVE STATE DOLLARS REQUESTED: The 19th Judicial District Attorney's Office: Juvenile Diversion Program is requesting $64,321 in state funds to support two Community Counselor III positions. Each counselor's annual salary rate is $34,382 & $34,383 plus a benefit package of$8,498 for a total of$42,880 & $42,881 each. During grant year 2000-01,we were awarded an additional sum of$583 which will provide either additional educational materials for our program or may be applied toward salary costs. In order to figure a 50/50 ratio, we are asking for DCJ funds in the -15- amount of$64,321. Weld County General Funds and the collection of program fees will account for the remaining 25% ($21,440). This includes the additional $194 match as a result of our supplemental award this year. As presented earlier in the RFP, the Diversion Program can provide comprehensive services at an extremely low cost to the state (one youth/per year): $258 as compared to Probation Services($946) and Division of Youth Corrections ($51,319.) Two counselors are being requested(as in prior years)to provide individual/family counseling, case management of contract agreement requirements, facilitate groups, collect restitution, and work with juvenile offenders in such a program that will educate the youth into being a productive young citizen in our community. The Counselors will also work with the youth/family through various activities and discussions which will educate the family communication approach to resolving issues. As indicated in the proposal, a masters degree and one year experience is required for all Counselor III positions. It is necessary to have these qualifications in order to provide quality services to such a difficult population and to make assessments for more serious family and individual needs. The District Attorney's Office is subject to positions and salary levels which are determined by the Weld County Personnel Office. LOCAL MATCH: The Weld County General Funds and program fee collections will provide funds for the 25% local match for FY 2001-2002. The amount of$21,440 is designated as the local match for the 25%portion of the 50/50 ratio. Weld County General Funds absorb the annual cost of living raise as well as any step increases in salary for each counselor position. This match also includes in- kind operating expenses provided by Weld County. Local Match Dollars to be generated for FY 2001-2002 are listed below: Diversion& Intake/Warning Program Fees: $ 7,500* ($50 x 150 accepted cases per year) Shoplift Group Fee: $ 1,600* ($20 x 40 cases per year) Weld County General Funds $12340 (Includes in-kind operating expenses) TOTAL AMOUNT FOR MATCH: $21,440 *These monies will be collected and deposited in an account with Weld County for the purpose of the required match. 3. BUDGET OPTIONS: The Diversion Program is requesting funding for two Community Counselor III positions. It would be extremely difficult to provide a quality service for this judicial district without this funding. The Diversion Program provides a unique and unduplicated program to juvenile offenders for the 19th Judicial District. Volunteer/Intern counselors through the University of Northern Colorado have been considered. However, this would not be the ideal situation because of the semester turn-over rate. The -16- program would not provide the necessary consistency through this type of arrangement. Intern counselors are beneficial for a supplemental purpose but not as a replacement for the masters-level counselor in the Juvenile Diversion Program. diver/exhibitatih • ATTACHMENTS A. Excerpts from the Colorado Children's Code and Budget Forms B. Budget Outline - FISCAL YEAR 2001-02: BUDGET SUMMARY BY SERVICE CATEGORY C. DCJ FORM 1-A: FISCAL YEAR 2001-02: DETAILED PROGRAM BUDGET APPENDIX. A. Certificate of Insurance/Endorsement B and C. Certificate of Liability Insurance, Fidelity Certificate, Workman's Compensation Bond Certificate of Participation: CAPP (Colorado Counties Casualty and Property Pool): Weld County, Automobile Insurance D. Letter from Referral Agency E. Programmatic Sub-Contracts (Drug/Alcohol services) A. ARC Counseling Center B. Island Grove Regional Treatment Center C. The Restitution Center/Villa NOTE: Articles of Incorporation: Weld County is a county government incorporated by the State of Colorado in 1865. We are governed by the Board of County Commissioners. Each January, a new chair of the Board is selected; they provide the official signature on all contracts. diver/exhibita.nih ATTACHMENT A Excerpt from the Colorado Children's Code Title 19, Colorado Revised Statutes §19-2-303, C.R.S. Juvenile diversion program - authorized. (1) In order to more fully implement the stated objectives of this title, the general assembly declares its intent to establish a juvenile diversion program to provide community-based alternatives to the formal court system that will reduce juvenile crime and recidivism, change juvenile offenders' behavior and attitudes, and reduce the costs within the juvenile justice system. (2) The division of criminal justice in the department of public safety is authorized to establish and administer a juvenile diversion program. In order to effectuate the program, the division may contract with governmental units and nongovernmental agencies to provide services for eligible youth through community-based projects providing an alternative to a petition filed pursuant to section 19-2-512, an adjudicatory hearing pursuant to section 19-3-505, or dispositions of a juvenile delinquent pursuant to section 19-2-907. (3) For purposes of this section: (a) "Director" is defined in section 19-1-103 (42). (b) "Diversion" is defined in section 19-1-103 (44). (c) "Governmental unit" is defined in section 19-1-103 (55). (d) "Nongovernmental unit" is defined in section 19-1-103 (79). (e) "Services" is defined in section 19-1-103 (96). (4) Projects soliciting service contracts pursuant to this section must demonstrate that they: (a) Meet a demonstrated community need as shown by a survey of the type of community, its special circumstances, and the type and number of youth who will be served by the project; (b) Provide services that do not duplicate services already provided in the community; and (c) Are supported by the community, as demonstrated through receipt of nonstate funds or in-kind supplies or services to meet at least twenty-five percent of the total cost of the project. (5) When applying for a contract with the division of criminal justice to provide services to youth under the juvenile diversion program, a community project shall submit for review by the division a list of the project's objectives, a report of the progress made during the previous year if applicable toward implementing the state objectives, an annual budget, and such other documentation as may be required by the director. (6) (a) Each project providing services under this section shall develop objectives and report progress toward such objectives as required by rules and regulations promulgated by the director. (b) The director shall regularly monitor these diversion projects to ensure that progress is being made to accomplish the objectives of this section. (7) The executive director of the department of public safety is authorized to accept and expend on behalf of the state any funds, grants, gifts or donations from any private or public source for the purpose of providing restorative justice programs; except that no gift, grant, or donation shall be accepted if the conditions attached to it require the expenditure thereof in a manner contrary to law. (Revised 3/2001) Page 1 of 1 ATTACHMENT B (Revised 3/2001) BUDGET SUMMARY BY SERVICE CATEGORY Budget Outline - FISCAL YEAR 2001-02 Agency: 19th Judicial Dist Attorney Program Title:Juvenile Diversion Progiudicial Dist# 19 Provide the budgeted costs, by line-item totals,for each Service Category provided through the state funded aspects of your program. The bottom, combined totals must match the Totals in Item 6 of Attachment C. SERVICE CATEGORY Other Diversion TOTALS Local Local Service Category,#765 State $ Cash In-Kind Personnel 85,761 64,321 12,340 9,100 Supplies/Operating Travel Equipment Professional, Contracted Services DIVERSION (765) TOTALS 85,761 64,321 12,340 9,100 Restitution TOTALS Local Local Service Category#763 State $ Cash In-Kind Personnel Supplies/Operating Travel Equipment Professional, Contracted Services ki RESTITUTION (763) TOTALS 0 0 0 0 Victim Offender Mediation TOTALS Local Local Service Category#764 State$ Cash In-Kind Personnel Supplies/Operating Travel Equipment Professional, Contracted Services MEDIATION (764) TOTALS 0 0 0 0 JUVENILE DIVERSION TOTALS Local Local PROGRAM State $ Cash In-Kind BUDGET TOTAL 85,761 64,321 12,340 9,100 ATTACHMENT C (Revised 3/2001) DETAILED PROGRAM BUDGET Budget Outline- FISCAL YEAR 2001/02 AGENCY: 19th Judicial District Attorney PROGRAM TITLE: Juvenile Diversion Program a Judicial Dist# 19 Combine budgeted expenses across all Service Categories listed in Attachment B (Budget Summary by Service Category), into the Budget Categories below providing detailed budget descriptions. ROUND ALL AMOUNTS TO THE NEAREST WHOLE DOLLAR--do not use decimals. Breakout the total of each row into the source of funding in the"Funding Source Breakdown"columns. Attach additional pages if necessary, but do not deviate from the format provided. *Service Category Codes: Other Diversion = 765; Restitution = 763; Victim Offender Mediation = 764. 'Service 1. PERSONNEL Annual Full- Annual(2) (3)Fringe Sub-Total %of Tim4)e me under TOTAL ( ) Funding Source Breakdown Category (List each position by the Time Salary Benefit Cost this Contract DOLLARS Code Service Code charged to.) State$ Cash Match In-Kind Match 765 Conan Counselor III 34,382 + 8,498 =42,880 x 100 % 42,880 32,160 6,170 4,550 765 Conn Counselor III 34,383 * 8,498 =42,881 x 100 % 42,881 32,161 6,170 4,550 + = x % + = x % + = x % + = x % PERSONNEL TOTAL 85,761 64,321 12,340 9,100 *Service Funding Source Breakdown Category 2. SUPPLIES AND OPERATING (Copying, postage, phones, etc.) TOTAL Code DOLLARS State$ Cash Match In-Kind Match $ $ $ $ $ SUPPLIES AND OPERATING TOTAL 0 0 0 0 Attachment C: Page 1 of 2 ATTACHMENT C (con't) Service Funding Source Breakdown Category 3. TRAVEL (Itemize transportation and Subsistence) TOTAL Code DOLLARS State$ Cash Match In-Kind Match $ $ TRAVEL TOTAL 0 0 0 0 Service Funding Source Breakdown Category 4. EQUIPMENT(Items valued individually at$5,000 or more) TOTAL Code DOLLARS State$ Cash Match In-Kind Match $ $ EQUIPMENT TOTAL 0 0 0 0 Service 5. PROFESSIONAL, CONTRACTED SERVICES (Itemize individuals and TOTAL Funding Source Breakdown Category organizations) DOLLARS Code State$ Cash Match In-Kind Match PROFESSIONAL, CONTRACTED SERVICES TOTAL 0 0 0 0 6. TOTAL OF ALL PROJECT EXPENSES (1 through 5) TOTAL $ (These totals must match the Totals at the bottom of Attachment B) 85,761 64,321 12,340 9,100 Total Match- $21,442 %of Total Project$:25 Attachment C: Page 2 of 2 re/ rLN day/ I� /7 A a (, xya - . 1 J 4 �I ' I s 7' s ( CERTIFICATE NUMBER t M'AR ?'SA INC L„` "x ," x '", *' ,GER₹TIFICAATE',GF•IN!S�1?ANiQE41 r x-. Y ,a_,�FM1.. t., >w. ,,.-. =x. k„ -u,-; s'x..,.? 5 SEA-000158085-00 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Marsh USA Inc. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE 1225 17th Street POLICY.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE Suite 2100 AFFORDED BY THE POLICIES DESCRIBED HEREIN. Denver,CO 80202 COMPANIES AFFORDING COVERAGE COMPANY 174XX-WELD-01235-, A COLORADO COUNTIES CASUALTY&PROPERTY POOL INSURED COMPANY WELD COUNTY B St.Paul Fire&Marine Insurance Company Go COLORADO COUNTIES CASUALTY& COMPANY PROPERTY POOL 1700 BROADWAY SUITE 1512 C DENVER,CO 80290 COMPANY D zni:fai>( S,�Y .rv' This ce*. atsed: ' Pft entr/P.rdQtOU&I jssd'ed:cectificate. ',.at `� ' �1„' 'i,. pVA THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.CONDITIONS AND EXCLUSIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DD/YY) DATE IMM/DD/YYI GENERAL UABIUTY GENERAL AGGREGATE $ A X COMMERCIAL GENERAL WIBILITV PER PARTICIPATION 01/01/01 01/01/02 PRODUCTS-COMP/OPAGG $ 250.000 X IINIDD CLAIMS MADE OCCUR CERTIFICATE PERSONAL&ADV INJURY $ 250,000 OWNERS B CONTRACTORS PROT EACH OCCURRENCE $ 250,000 FIRE DAMAGE(Any one ere) $ MED EXP(Any one person) $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 250,000 A X ANY AUTO PER PARTICIPATION 01/01/01 01/01/02 ALL OWNED AUTOS CERTIFICATE I BODILY INJURY $ (Per person) SCHEDULED AUTOS X HIRED AUTOS i BODILY INJURY $ I (Per accident) X NONOWNED AUTOS I X CLAIMS MADE I'i PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO I OTHER THAN AUTO ONLY < EACH ACCIDENT $ AGGREGATE $ • EXCESS UABIUTY . EACH OCCURRENCE $ 1,750,000 B UMBRELLA FORM GP09100426 01/01/01 01/01/02 AGGREGATE $ 1,750.000 X OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND I W(.STATU- I I 0TH- EMPLOYERS'UABIUTY TORY LIMITS ER s+ -tTM- EL EACH ACCIDENT $ THE PROPRIETOR/ INCL EL DISEASE-POLICY LIMIT $ PARTNERS/EXECUTIVE OFFICERS ARE EXCL EL DISEASE-EACH EMPLOYEE $ OTHER PER PARTICIPATION 01/01/01 01/01/02 $150,000-DED. $500 ALL A PROP,MOB EQU,AUTO PD CERTIFICATE REAL&PERSONAL PROPERTY B PROP,MOB EQU,AUTO PD GP09100425 01/01/01 01/01/02 $50,000,000 XS OF$150,000 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS(LIMITS MAY BE SUBJECT TO DEDUCTIBLES OR RETENTIONS) RE:RFP#RAA001010DCJ EVIDENCE OF INSURANCE CERTIFICATE klOLDER, ,t '`r H ,,q``v `s` .J CANCELLATION ?.1.., . J ,,i t. .1..1.y-- "r-:- SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL_30 DAYS WRITTEN NOTICE TO THE DEPARTMENT OF PUBLIC SAFETY CERTIFICATE HOLDER NAMED HEREIN,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR DIVISION OF CRIMINAL JUSTICE ATTN:PURCHASING LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE.ITS AGENTS OR REPRESENTATIVES 700 KIPLING STREET SUITE 2000 DENVER,CO 80215 MARSH USA INC BY: Ray Leonard anci.,.,.,,p 1 ,y. 7'''.0k'ty?'"' ',q /c . . T r F., .,S41""f w .sv l'''7',41'`#± . . ,..4 -` 11'1 .3*,t"» „R-^y!,if t1 4,:1,' , 4 t``-;%, ,'+;t aeeciuo1K r7, e- • Certificate of Participation Colorado Counties Casualty and Property Pool For the Coverage Period January 1, 2000 Through December 31, 2000 WELD COUNTY Colorado Counties Casualty and Property Pool(CAPP)hereby certifies that Weld County is a participating Member of CAPP for the period beginning January 1,2000 through December 31,2000. The coverages, conditions of membership,and other provisions applicable to members of CAPP are as described in CAPP's Bylaws and Intergovernmental Agreement and in the applicable excess policies,Policy Statements and endorsements thereto,copies of which have been or will be provided to Weld County. The types and monetary limits of the coverages provided to Weld County through membership in CAPP, in consideration of the payment of its contributions,are limited, as of the date of this certificate,to those which are shown below. The scope,terms,conditions,and limitations of coverages are governed by the aforementioned agreement and policies. I. The types of coverages,subject to the limit on CAPP's liability in Section II below,are as follows: A. Property(including EDP,mobile equipment,and auto physical damage) B. Liability 1. Bodily Injury,Property Damage(General Liability,Auto Liability) 2. Wrongful Acts committed in the conduct of duties (Public Entity Management Liability) 3. Bodily Injury,Property Damage, Personal Injury(Law Enforcement Liability) 4. Errors or omissions in the administration of an insured's employee benefits (Employee Benefits Liability). 5. Injury resulting from healthcare professional services rendered by EMTs (Emergency Medical Professional Liability). C. Crime I. Monies and Securities(inside). 2. Monies and Securities(outside). 3. Employee Fidelity. D. Boiler and Machinery II. CAPP Retention,Aggregate Limits,and Member Deductibles. For the coverages described in Section I, CAPP shall be liable only for payment of the self-insured retention and only to a total annual aggregate amount for members of CAPP as a whole of the amount of the CAPP loss fund for the coverage period. CAPP's per claim/occurrence retention are limited to the following for the foregoing coverages: A. $150,000 per claim/occurrence property. B. $250,000 per claim/occurrence liability(per coverage line). C. $150,000 per claim/occurrence crime. D. $ 5,000 per loss boiler and machinery. ffei )L l-rte ATT tO,p District Attorney's Office m Nineteenth Judicial District o 419 A.M. Dominguez, Jr. - District Attorney �y/�Q Thomas Quammen - Assistant District Attorney '9%WOG April 26, 2001 Juvenile Diversion Program ATTN: Carol Gould Division of Criminal Justice 700 Kipling Street, Suite 1000 Denver, CO 80215 Dear Ms. Gould: We are writing in support of the RFP Exhibit A concerning the 19'"Judicial District Attorney's Office: Juvenile Diversion Program as they apply for 2001-02 grant funds. It is our projection that we will refer a minimum of 250 youth who have been taken into custody (1) for at least one misdemeanor, and/or(2)more than once for crimes which would constitute a misdemeanor or once for a crime which constitutes a felony. Analysis of local need for services is evident by the high volume of juvenile offenders from throughout this jurisdiction. The services provided by the Juvenile Diversion Program are unique to this judicial district, do not duplicate any other program available, and are successful in diverting most of the juvenile participants from further involvement in the court system. We would like to ask for your support in the application of FY 2001-02 grant funds for two Community Counselor III positions to work with the designated youth offender population. Sincerely, A.M. Dom' uez, Jr. Dts 'ct Attorney 0 Patryce�S ngel Chief Trial Deputy District Attorney Juvenile Division diver/aldcj.nih Post Office Box 1167•915 Tenth Street•Greeley, CO 80632• (970)356-4010• FAX (970) 352-8023 Hello