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HomeMy WebLinkAbout20111042.tiff RESOLUTION RE: APPROVE AMENDMENT #4 TO COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT FOR INTRADO/TIBURON ZOLL(EMERGENCY SERVICES SOFTWARE) PROJECT 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 Amendment #4 to the Community Development Block Grant Agreement for the Intrado/Tiburon Zoll (Emergency Services Software) Project from the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Finance and Administration,to the Colorado Department of Local Affairs, commencing upon full execution, and ending October 31, 2011, 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 Amendment#4 to the Community Development Block Grant Agreement for the Intrado/Tiburon Zoll (Emergency Services Software) Project from the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Finance and Administration, to the Colorado Department of Local Affairs, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said amendment. 3on J . 1/2o Locoi c rs �. F 1Ltcca AcVcUrs U a"i tl S ' aLa-li 2011-1042 FI0051 AMENDMENT #4 TO COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT FOR INTRADO/TIBURON ZOLL (EMERGENCY SERVICES SOFTWARE) PROJECT PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of April, A.D., 2011. BOARD OF COUNTY COMMISSIONERS WE D COUNTY, C L RADO ATTEST: .J3 i'n' s i, Car kmey arbara Kirkmeyer Chair Weld County Clerk to th :,� �� ` '�"o j - ��'�� ♦I Se n Conw , P -Tem cp BY: (\�l &tai r ti Deputy Clerk to the'�.�1.^:_«�' ' William F. Garcia 7 APPROEDP 1'O FORM: EXCUSED David E. Long �- unty Attorney r�rar)� e acher .-/ �, D uglas ademach r Date of signature: Op 2011-1042 FI0051 • CDBG#09-010D—Weld County Emergency Services Software CONTRACT AMENDMENT Amendment#: 4 Encumbrance#: F10CDB09010D Original Contract CMS or CLIN #: 6514, 13936, Amendment CMS#: 23167, 27537 9 \t D 1) PARTIES This Amendment to the above-referenced Original Contract(hereinafter called the Contract)is entered into by and between Board of County Commissioners, County of Weld (hereinafter called"Contractor"), and the STATE OF COLORADO(hereinafter called the"State")acting by and through the Department of Local Affairs, (hereinafter called "DOLA"). 2) EFFECTIVE DATE AND ENFORCEABILITY This Amendment shall not be effective or enforceable until it is approved and signed by the Colorado State Controller or designee (hereinafter called the"Effective Date"). The State shall not be liable to pay or reimburse Contractor for any performance hereunder including, but not limited to, costs or expenses incurred, or be bound by any provision hereof prior to the Effective Date. 3) FACTUAL RECITALS The Parties entered into the Contract for the purchase and installation of software for emergency notification purposes. 4) CONSIDERATION-COLORADO SPECIAL PROVISIONS The Parties acknowledge that the mutual promises and covenants contained herein and other good and valuable consideration are sufficient and adequate to support this Amendment. The Parties agree to replacing the Colorado Special Provisions with the most recent version (if such have been updated since the Contract and any modification thereto were effective)as part consideration for this Amendment. 5) LIMITS OF EFFECT This Amendment is incorporated by reference into the Contract, and the Contract and all prior amendments thereto, if any, remain in full force and effect except as specifically modified herein. 6) MODIFICATIONS The Contract and all prior amendments thereto, if any, are modified as follows: a. 5(A) Initial Term-Work Commencement is revised by deleting the current contract language and inserting the following: "A. Initial Term-Work Commencement The term of this Grant shall commence on the Effective Date and terminate on October 31, 2011, unless terminated earlier as provided below. Grantee's obligations under this Grant shall be undertaken and performed in the sequence and manner set forth in Exhibit B. Performance of this Grant shall commence as soon as practicable after(see checked option below): ❑the Effective Date; or ® the later to occur of the Effective Date and the date set forth in a Release of Funds Letter." 7) START DATE This Amendment shall take effect on the later of its Effective Date or April 29, 2011. 8) ORDER OF PRECEDENCE 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 Contract, the provisions of this Amendment shall in all respects supersede, govern, and control. The most recent version of the Special Provisions incorporated into the Contract or any amendment shall always control other provisions in the Contract or any amendments. 9) AVAILABLE FUNDS Financial obligations of the state payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, or otherwise made available. Page 1 of 2 Form Revised: 11/20/08 oii i6yO? CDBG#09-010D—Weld County Emergency Services Software THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT * Persons signing for Contractor hereby swear and affirm that they are authorized to act on Contractor's behalf and acknowledge that the State is relying on their representations to that effect. CONTRACTOR STATE OF COLORADO Board of County Commissioners, John W. Hickenlooper, GOVERNOR County of Weld Department of Local Affairs qqq By: Barbara Kirkmeyer By: Name of Authorized Individual B Reeves wn, Executive Director Title: Chair Official Title of Authorized Individual Date:--4,17 av/ PRE-APPROV FORM CONTRACT REVIEWER 7 - ature By: Date: 04/25/2011 Teri Davis, Director/ of Financial Assistance Services Date: j �. /? ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS§24-30-202 requires the State Controller to approve all State Contracts. This Contract is not valid until signed and dated below by the State Controller or delegate. Contractor is not authorized to begin performance until such time. If Contractor begins performing prior thereto,the State of Colorado is not obligated to pay Contractor for such performance or for any goods and/or services provided hereunder, STATE CONTROLLER David J. McDermott, CPA / j e , By: / /�av41'0— `Lt Barbara M. Casey, Controller Delegate Date: '51-2 L-1 J Page 2 of 2 Form Revised: 11/20/08 doi/7.0i/O1 April 22, 2011 Monika Mika, Director of Administrative Services Weld County Board of Commissioners 915 10th Street Greeley, CO 80631 RE: CDBG #09-010D —Weld County/Emergency Services Software Dear Ms. Mika: Attached is a copy of the contract amendment #3 for the above-referenced Community Development Block Grant project. If the amendment is satisfactory to the County as written, please mail three signed copies of the amendment, signed and dated by an authorized signator (original signatures). Please note that an authorized signator is a County Chief Elected Official, City/Town Mayor, or District Board President. If any other individual should have authorization to sign contracts, please provide a letter from the Chief Elected Official approving the authority to sign. Please send the three signed copies of the contract along with the routing memo (below) to: Department of Local Affairs ATTENTION: Diane Von Dollen 1313 Sherman Street, Room 521 Denver, CO 80203 If you have any questions, please call Don Sandoval (970) 679-4501 or me at (303) 866-2184. Sincerely, Leslie Jones Contract Specialist Department of Local Affairs Denver Office Enclosures cc: Don Sandoval, DOLA Regional Manager 2011-1042 MEMORANDUM TO: Diane Von Dollen THROUGH: Monika Mika, Director of Administrative Services FROM: Leslie Jones DATE: April 22, 2011 RE: Contract Amendment FOR FINAL APPROVAL ROUTING (3 COPIES ENCLOSED): RE: CDBG #09-010D — Weld County/Emergency Services Software Contractor's Federal I.D.# on file with Accounting Form sent to Contractor to complete Don Sandoval, DOLA Regional Manager Hello