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HomeMy WebLinkAbout20221520.tiffRESOLUTION RE: APPROVE AMENDMENT #1 TO MASTER CONTRACT FOR COMMUNITY CORRECTIONS SERVICES AND AUTHORIZE CHAIR TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Amendment #1 to the Master Contract for Community Corrections Services between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Justice Services, and the Colorado Department of Public Safety, Division of Criminal Justice, Office of Community Corrections, commencing July 1, 2022, and ending June 30, 2024, 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 an Amendment #1 to the Master Contract for Community Corrections Services between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Justice Services, and the Colorado Department of Public Safety, Division of Criminal Justice, Office of Community 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 6th day of June, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: defavt) S o K. James, Chair Weld County Clerk to the Board County Attorney Date of signature: 646/2a cc: 3 S(DE) 7/13/22 2022-1520 JS0008 Justice Services Department 901 10th Avenue P.O. Box 758 Greeley, CO 80632 Phone: (970) 336-7227 Fax: (970) 392-4677 To Weld County Board of Commissioners From Doug Erler, Directof .. Re Consider Contract Amendment #1 with the Colorado Department of Public Safety, Division of Cnminal Justice, Office of Community Corrections and Weld County and Authorize Chair to Sign Date June 1, 2022 This item was first presented to you as a Pass Around on May 23, 2022, and now comes before you for final review and approval The State and Weld County has in place a long-standing Master Contract for community corrections services As part of this year's legislative Long Bill, effective July 1, 2022, the State will be removing the footnote assumption that offenders in community corrections programs pay up to $17 per day residential subsistence or $3 per day for non- residential supervision services and instead plans to add -in these figures to create higher per diem rates The enclosed Contract Amendment is at no cost to Weld County, it simply requires acknowledgment by Weld County that our local community corrections services provider, Intervention Community Corrections Services (ICCS), Inc , can no longer charge these fees to clients under their supervision ICCS is aware of this change The County Attorney's office has reviewed this Contract Amendment and supports approval Thank you for your consideration 2022-1520 dlP/oc.e JS00O� BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE Consider Contract Amendment #1 with Colorado Department of Public Safety, Division of Cnminal Justice, Office of Community Corrections DEPARTMENT Justice Services DATE May 23, 2022 PERSON REQUESTING- Doug Erlerl Brief description of the problem/issue The State and Weld County have in place a long-standing Master Contract for community corrections services Per HB 22-1329 Long Bill, the State is removing the legislative footnote assumption that offenders in all Community Corrections programs pay up to $17 per day residential subsistence or $3 per day for non-residential supervision services and instead adding -in these figures to create higher per diem rates Attached is a Contract Amendment articulating this change, effective July 1, 2022 The State is requesting this Board to review/sign the attached Contract Amendment to acknowledge this change for its local community corrections services What options exist for the Board? (include consequences, impacts, costs, etc. of options) Option 1 Approve and authorize Chair to sign at a future heanng Option 2 Work Session Recommendation: OPTION 1. I reviewed this Contract Amendment with Kann McDougal, and she supports executing, as do I The State is simply clanfymg language and requesting Weld County acknowledge that subsistence/fees can no longer be charged by our vendor, Intervention Community Corrections Services (ICCS) to clients under their supervision ICCS is aware of this change, and this will be included in their Renewal Agreement coming before this Board in a few weeks No other impact to the Master Contract, which Weld County remains in very good standing Thank you for your consideration Approve Recommendation Perry L Buck Mike Freeman, Pro-Tem Scott K James, Chair Steve Moreno Lon Same Schedule Work Session Other/Comments CONTRACT AMENDMENT #1 SIGNATURE AND COVER PAGE State Agency Colorado Department of Public Safety, Division of Criminal Justice, Community Corrections Original Contract Number CMS Number 139941 Contractor Board of County Commissioners of Weld County Amendment Contract Number Contract Amendment #1 Current Contract Maximum Amount Funds are not allocated 5 years at a time. The Option Allocation Letter (Exhibit B) will be used to allocate funds each year once the Long Bill has been signed by the governor. Contract Performance Beginning Date July 1, 2019 Current Contract Expiration Date June 30, 2024 THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT Each person signing this Amendment represents and warrants that he or she is duly authorized to execute this Amendment and to bind the Party authorizing his or her signature. CONTRACTOR Board of County Commissioners of Weld County Date: By: Chair, Scott K. James JUN 0 6 2022 STATE OF COLORADO Jared S. Polis, Governor Department of Public Safety Stan Hilkey, Executive Director Date: By: Joe Thome, Director In accordance with §24-30-202 C.R.S., this Amendment is not valid until signed and dated below by the State Controller or an authorized delegate. STATE CONTROLLER Robert Jaros, CPA, MBA, JD By: Tanya Olsen, Controller Amendment Effective Date: Amendment Contract Number: Page 1 of 2 p4202 -/52o �) 1. PARTIES This Amendment (the "Amendment") to the Original Contract shown on the Signature and Cover Page for this Amendment (the "Contract") is entered into by and between the Commissioners, and the State 2 TERMINOLOGY Except as specifically modified by this Amendment, all terms used in this Amendment that are defined in the Contract shall be construed and interpreted in accordance with the Contract 3 AMENDMENT EFFECTIVE DATE AND TERM A Amendment Effective Date This Amendment shall not be valid or enforceable until the Amendment Effective Date shown on the Signature and Cover Page for this Amendment The State shall not be bound by any provision of this Amendment before that Amendment Effective Date, and shall have no obligation to pay Contractor for any Work performed or expense incurred under this Amendment either before or after of the Amendment term shown in §B.B of this Amendment B Amendment Term The Parties' respective performances under this Amendment and the changes to the Contract contained herein shall commence on the Amendment Effective Date shown on the Signature and Cover Page for this Amendment and shall terminate on the termination of the Contract 4 PURPOSE This Amendment is regarding Exhibit A, Section 1, E Subcontract, Subsection 9, Reimbursement by Chent (a) and (b) Statement of Work in the original contract Programs will no longer be allowed to charge 17 00 a day subsistence to offenders for residential nor 3 00, per day for non residential per HB 22-1329 Long Bill 5 MODIFICATIONS The Contract and all prior amendments thereto, if any, are modified as follows The Contract Exhibit A — Statement of Work, Section 1, E — Subcontract, Subection 9, Reimbursement by Client (a) and (b) are hereby deleted 6 LIMITS OF EFFECT AND ORDER OF PRECEDENCE This Amendment is incorporated by reference into the Contract, and the Contract and all prior amendments or other modifications to the Contract, if any, remain in full force and effect except as specifically modified m this Amendment Except for the Special Provisions contained m the Contract, in the event of any conflict, inconsistency, variance, or contradiction between the provisions of this Amendment and any of the provisions of the Contract or any prior modification to the Contract, the provisions of this Amendment shall in all respects supersede, govern, and control The provisions of this Amendment shall only supersede, govern, and control over the Special Provisions contained in the Contract to the extent that this Amendment specifically modifies those Special Provisions Amendment Contract Number Page 2 of 2 CONTRACT AMENDMENT #1 TO MASTER CONTRACT FOR COMMUNITY CORRECTIONS SERVICES APPROVED AS TO SUBSTANCE. Elected Off' artment Head APPROVED AS TO FUNDING. Chief Financial Officer APPROVED AS TO FORM itztoqT0 County Attorney Hello