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HomeMy WebLinkAbout20001281.tiff RESOLUTION RE: APPROVE COMMUNITY CORRECTIONS CONTRACT AMENDMENT#1 AND AUTHORIZE CHAIR TO SIGN - COLORADO DEPARTMENT OF PUBLIC SAFETY 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 Community Corrections Contract Amendment#1 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, effective July 1, 2000, with further terms and conditions being as stated in said letter, and WHEREAS, after review, the Board deems it advisable to approve said amendment, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Community Corrections Contract Amendment #1 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 be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said amendment. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of May, A.D., 2000. BOARD OF COUNTY COMMISSIONERS �j��� �oo�� tW, LD COUNTY,,COLORADO �ORA�DO /0• d;� � J : 'Barbara J Kirkmeyer, Chair ',i W !i r t 'to the Board �." te, . 227 Oi/c2 X861 _ 7 >çro..Te7' '�f. the BoardC2 u \k. ✓ •N�� Geoxter �� P. ED AS TO M: L ate-K._r all —e-ounty Attorn y __ Glenn Vaad 200C-1281 ('c" : L c/✓L et DA0002 Department or Agency Name J�}{ tl Public Safety Depatiment or Agency Number 460000 RAA Contract Routing Number CONTRACT AMENDMENT# 1 THIS AMENDMENT,made this 1"day of July, 2000, by and between the State of Colorado for the use and benefit of the Department of Public Safety, Division of Criminal Justice, hereinafter referred to a:the State, and the Board of Commissioners of Weld County, hereinafter referred to as the Contractor, FACTUAL RECITALS Authority exists in the Law and Funds have been budgeted, appropriated, and otherwise made available; and Required approval, clearance, and coordination has been accomplished from and with appropriate agencies; and The parties entered into a contract dated July 1, 1999, for Community Corrections services, more fully described below. Footnote#215 of the Long Bill for Fiscal Year 2000-2001 (H.B.#00-1451) states that "Appropriations for community corrections programs are based on assumptions that providers of community corrections programs will collect client fees of up to $13 per day on the average for residential programs and $2 per day on the average for non-residential programs. Pursuant to its authority to administer and execute contracts under Section 17-27-115, C.R.S., and in accordance with Section 17- 27-107, C.R.S., the Division of Criminal Justice is requested to ensure that every reasonable effort i s made to achieve such collections." The intention in amending this contract is to allow community corrections programs to charge each offender participating in the program up to thirteen dollars ($13.00)per day while in residential placement. NOW THEREFORE, it is hereby agreed that 1. Consideration for this amendment to the original contract, Contract Number DCJ-00-04-19 dated July 1, 1999 consists of the promises and agreements herein set forth. 2. It is expressly agreed by the parties that this amendment is supplemental to the original Contract Number DCJ-00-04-19 dated July 1, 1999 referred to as the"original contract", which is, by this reference, incorporated, and made a part hereof, and attached as Exhibit A, and all terms, conditions, and provisions thereof, unless specifically modified herein, are to apply to this amendment as though they were expressly rewritten, incorporated, and included herein. 3. It is agreed the original contract is and shall be modified, altered, and changed in the following respects only: Page 1 of 3 a. The maximum amount the Community Corrections programs may charge each offender participating in the program is thirteen dollars ($13.00)per day while in residential placement. Paragraph 2.O. of the Contract#DCJ-00-04-19 shall now read: "The Contractor may charge each offender participating in a community corrections program the reasonable costs of the services not covered by State payments. The charges may be collected on an ability to pay 'oasis. but shall not exceed thirteen dollars ($13.00)per day while in residential placement. Offenders in non-residential placement may be charged up to 40% of the amount billed to the State as described in Exhibit "B"but shall not exceed an average of two dollars($2.00)per day while in non-residential placement. Each offender shall be issued receipts for fees collected." 4. The effective date of this amendment is July 1, 2000. 5. Except for the "Special Provisions", in the event of any conflict, inconsistency,variance, or contradiction between the provisions of this amendment and any of the provisions of the original contact, the provisions of this amendment shall in all respects supersede, govern, and control. The "Special Provisions"shall always be controlling over other provisions in the contract or amendments. The representations in the Special Provisions concerning the absence of bribery or corrupt influences and personal interest of State employees are presently reaffirmed. 6. FINANCIAL OBLIGATIONS OF THE STATE PAYABLE AFTER THE CURRENT FISCAL YEAR ARE CONTINGENT UPON FUNDS FOR THAT PURPOSE BEING APPROPRIATED, BUDGETED, AND OTHERWISE MADE AVAILABLE. 7. THIS AMENDMENT 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. IN WITNESS WHEREOF,the parties hereto have executed this amendment on the day first above written. Contractor: State of Colorado BILL OWENS, GOVERNOR Barbara J. Kirkmeyer (05/24/2000) (Full Legal Name) if/Lk/sic t / L A/- L `- By: -'�-- ignature of Individua Executive` ector Chair, Board of Weld County Commissioners Position (Title) DEPARTMENT OF PUBLIC SAFETY 84-6000-813 I !�( Social Security Number or ' Fed. Employer entification u b;rci �lf/p Attestation rl i� �(�-!7 # ttivs S If 'fWk l ., n fi 'U�� \ /' / 7 4YhQi migmRkxk ; Deputy Clerk to the Board (Seal) Page 2 of 3 APPROVALS ATTORNEY GENERAL STA CON "O4 .R By By: — Page 3 of 3 Division of Criminal Justice cd cS Raymond T Slaughter, Director 700 Kipling St. Sr tite 1000 Denver, ]O 80215-598P L902)2:19-4442 COLORADO FAX (CO3:239-441i' DEPARTMENT OF PUBLIC SAFETY DATE: May 16, 2000 TO: Community Corrections Contractors FROM: Stephanie Piechowski Il • •SUBJECT: Five-Year Contract Amendment Earlier this week you should have received a packet that included three copies of Contract Amendment#1,which makes a change to the five-year community corrections contract. This amendment increases from $10.00 to $13.00 the maximum amount that community corrections providers are allowed to charge residential offenders in their program. This change is effective July 1, 2000. Unfortunately there is an error in the amendment. On page two,Paragraph 4,the e ffecti ve date of the amendment should be July I, 2000. I have enclosed three copies of the corrected page two. Please replace the original page two's with these corrected copies. Then follow the instructions on the checklist and return all three copies to me BEFORE JUNE 19, 2000. Bill I'm sorry for any inconvenience this may cause. If you have any questions,please call me Aristedes W.zaverss at(303)239-4460 or Ed Camp at(303)239-4448. EXECUTIVE DIRECC0R Division 01 Criminal Justice Colorado State Enclosures Patrol Colorado Bureau of Investigalion Division of Fire Safety ad DCJ Home Page:www.state.co.us/gov_dir/cdps/dcj/dcj.hlm E-Mail:raymondslaughter@cdps.state.co.us Hello