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HomeMy WebLinkAbout970570.tiffRESOLUTION RE: APPROVE CONTRACT AMENDMENT #1 BETWEEN COMMUNITY CORRECTIONS BOARD AND COLORADO DEPARTMENT OF CORRECTIONS AND AUTHORIZE CHAIR TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with Contract Amendment #1 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Community Corrections Board, and the Colorado Department of Corrections, for the period commencing July 1, 1996, and ending June 30, 1997, with further terms and conditions being as stated in said amendment, and WHEREAS, after review, the Board deems it advisable to approve said amendment, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Contract Amendment #1 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Community Corrections Board, and the Colorado Department of Corrections 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 31st day of March, A.D., 1997, nunc pro tunc July 1, 1996. Deputy CI 4'k to the Board APP? s ED ounty Atto ney & ..ta4or R BOARD OF COUNTY COMMISSIONERS WELCOUNTY, COLORADO Georcf instance L. arbe e E. Baxter, Chair S/ Dale K. Hall / Barbara J. Kirkmeyer em (,/:/)Lt)/ W. H. We ster 970570 DA0002 DEPARTMENT OR AGENCY NUMBED CAA CONTRACT ROUTING NUMBER 97-01135 CONTRACT AMENDMENT #1 THIS AMENDMENT, made this 14th day of March 1997, by and between the State of Colorado for the use and benefit of the Department of Corrections 2862 South Circle Drive, Suite 400, Colorado Springs, Colorado 80906-4122, hereinafter referred to as the State, and Board of Commissioners of Weld County, on behalf of the Weld County Community Corrections Board, P.O. Box 758, Greeley, Colorado 80632; hereinafter; referred to as the Contractor. FACTUAL RECITALS Authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment in Fund Number 100, Appropriation Code P48 , Contract Encumbrance Number 97CAA01135. and Required approval, clearance and coordination has been accomplished from and with appropriate agencies; and The parties entered into a contract dated the 21st day of May, 1996, (the "Original Contract"), Contract Routing number 97CAA01009, in which the Contractor agreed to perform certain services in consideration for which the State agreed to make certain payments; and The parties wish to amend the original contract due to the unanticipated low number of placements by the State Board of Parole of parolees on the Intensive Supervision Program in Weld County. The parties wish to address this lower demand for non-residential Intensive Supervision Program services by the Contractor by amending the Contract to reduce the original $43,000 contract to $27,000 to cover anticipated service needs for the remaining fiscal year. NOW THEREFORE, it is hereby agreed that 1. Consideration for this amendment to the Original Contract, CE number CAA9701009, Contract Routing Number 97CAA01009, dated May 21, 1996, consists of the payments which shall be made pursuant to this Amendment and the promises and agreements herein set forth. 1 970570 2. It is expressly agreed by the parties that this Amendment is supplemental to the Original Contract Number 97CAA01009, dated May 21, 1996 which is, by this reference, incorporated, made a part hereof and identified as Exhibit "A", and all the 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: a. Sentence one (1) of Paragraph I 1 is changed to read: The contractor shall provide intensive supervision program (hereinafter, ISP) services for an approximate total of thirteen (13) Department of Corrections parolees. b. Paragraph II 2(b) is changed to read: During the period of the Contract, upon receipt of proper billing from the Contractor as provided in Contract paragraph I.5, the State will pay an amount not to exceed Twenty Seven Thousand Dollars ($27,000.00) for the ISP services herein described for the daily average rate of approximately thirteen (13) Department of Corrections parolees. 4. The effective date of this Amendment Contract is March 14, 1997. 5. Except for the "Special Provision," in the event of any conflict, inconsistency, variance or contradiction between the provisions of this Amendment, or any of its attachments or exhibits, and any of the provisions of the Original Contract, or its attachments or exhibits, 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 factual presentations 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. 2 970570 IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the day first above written. ContractorBoard of County Commiss estate (Full Legal Name) Weld County, CO F ea By George E. Baxter DEP (03/31/97) Position (Title) Chair 84-6000813 Social Security Number or Federal I.D. Number (If Corpor Attest (S By Corporat or Equivalent, TimoreittlCounty Clerk to the Board eneral State Services Section 3 OR utive Director CTIONS APPROVALS CONTROLLER By: APPROVAL STATE CCNI ^-r t �p CU D vi. BY flj 1/7L.D coy *Ty STATE OF COLORADO DEPARTMENT OF CORRECTIONS Division of Adult Parole Director's Office 710 Kipling, Suite 203 Lakewood, CO 80215 Phone: (303) 239-5435 Fax: (303) 239-5437 March 14, 1997 Board of Commissioners of Weld County Weld County Community Corrections Board P.O. Box 758 Greeley, CO 80632 Dear Board Members, Roy Romer, Govenor Aristedes Zarvas, Executive Director Thomas E. Coogan, Division Director The Colorado Department of Corrections has found it necessary to send you a contract amendment for services provided for parolee Intensive Supervision Program (ISP) non- residential services. Basically, these services include daily phone calls and weekly drug screening. The past seven months placement of ISP parolees in your county falls short of anticipated levels. The Colorado Board of Parole has not reduced their placements in this program statewide. It is difficult for the Board and the Parole Division to predict to what jurisdiction an ISP client will parole, thus the contract funds are not being fully utilized in your area. The Parole Division is requesting through the attached contract amendment to reduce your contract from $43,000 to $27,000 for ISP non-residential services. Presently, expenditures are averaging $2100 per month. Thus, a twelve month period, ending June 30, 1997 would indicate annual expenditures at $25,200. The Parole Division is limited in its funding for these services, and it is necessary to distribute the money to those parole regions where more placements have been made. Please call me if I can answer any questions you may have about this important matter. We would appreciate your expediency in this matter. Please sign six originals and return them to me at the above address. Thank you for your assistance. Sjnperely, Bonita McKee Special Programs Coordinator 970570 NINETEENTH JUDICIAL DISTRICT WELD COUNTY COMMUNITY CORRECTIONS BOARD MEMO DATE: March 26, 1997 TO: George E. Baxter, Chair, Board of County Commissioners FROM: Jan Allison Spangler, Administrative Assistant SUBJECT: Department of Corrections, Contract Amendment #1 The Weld County Community Corrections Board has received a Contract Amendment from the Colorado Department of Corrections. This Contract is between the Department of Corrections and the Board of Commissioners of Weld County, on behalf of the Weld County Community Corrections Board for the Intensive Supervision program for parolees in Weld County. The Amendment would reduce the amount of the Contract from $43,000 to $27,000. I have attached the cover letter dated March 14, 1997 from Bonita McKee, Special Programs Coordinator to this memo. I am respectfully requesting that the Board of Commissioners add the signing of this Amendment to their meeting on March 31, 1997. After signing all six copies, please return to this office and I will forward them to Denver. 970570 Hello