HomeMy WebLinkAbout20091146RESOLUTION
RE: APPROVE CONTRACT AMENDMENT #5 FOR ENERGY AND MINERAL IMPACT
ASSISTANCE GRANT 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#5 to the Energy and
Mineral Impact Grant for the Weld County Courtroom Remodel Project 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 Finance and Administration, and the Colorado Department of Local
Affairs, commencing upon full execution, and ending December 31, 2009, 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 the Contract Amendment#5 to the Energy and Mineral Impact Grant forthe
Weld County Courtroom Remodel Project 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
Finance and Administration, and 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 18th day of May, A.D., 2009.
ATTEST:
Weld County Clerk to the
BY
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y Cler
o the Board
/County Attorney
Date of signature. 560/0g
BOARD OF COJIQITY COMMISSIONERS
WELD tUUY/COLORADO
i illiam F. Garcia, Chair B` '
,Q2vvice
Dougl..s Rade :cher, Pro-Tem
Sean P. Conway
2009-1146
FI0049
Cr- i/cc'
May 12, 2009
Donald Warden, Administrator
Weld County Board of Commissioners
915 Tenth Street
Greeley, CO 80631
RE: EIAF #5473 — Weld County Courthouse Remodel
Dear Mr. Warden:
Attached is a copy of the contract amendment #5 for the above -referenced
Energy/Mineral Impact Assistance project. If the contract amendment is satisfactory to
the County as written, please mail three signed copies of the amendment, signed and
dated by an authorized signator, on page 3 of 6 pages (original signatures).
Please note that an authorized signator is a County Chief Elected Official, County
Administrator, City/Town Mayor, City/Town Manager, 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 amendment 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 at (970) 679-4501 or me at (303)
866-5253.
Sincerely,
Denise Lindom
Contract Specialist
Department of Local Affairs
Denver Office
Enclosures
cc: Don Sandoval, DOLA Regional Manager
EIAF #5473 — Weld County Courtroom Remodel
CONTRACT AMENDMENT
Amendment #: 5
Encumbrance #: F07S5473
Original Contract CLIN #: 00404, 01451, 00912,
01926,09-586
Amendment CLIN #: o9_ i
3
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 remodeling the second floor of the old county jail in the Centennial
Building Complex located in Greeley.
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 Amendment and all prior amendments thereto, if any, are modified as follows:
a. Insert the following after item #22:
"23. Indemnification.
i. Intergovernmental Grants
If this is an intergovernmental Grant, the provisions hereof shall not be construed or interpreted as a
waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions,
of the Colorado Governmental Immunity Act, CRS 24-10-101 et seq., or the Federal Tort Claims Act,
28 U.S.C. 2671 et seq., as applicable, as now or hereafter amended.
ii. Non -Intergovernmental Grants
Grantee 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 and
related costs, incurred as a result of any act or omission by Grantee, or its employees, agents,
subcontractors, or assignees pursuant to the terms of this Grant."
b. Special Provisions. The Special Provisions located on page 6 of Contract are replaced with the new
Special Provisions detailed in the attached Exhibit B-3.
c. Time of Performance: "Time of Performance" is modified by deleting "June 30, 2009" and inserting
new "December 31, 2009".
7) START DATE
This Amendment shall take effect on the later of its Effective Date or May 19, 2009
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Form Revised: 11/20/08
EIAF #5473 — Weld County Courtroom Remodel
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.
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Form Revised: 11/20/08
EIAF #5473 — Weld County Courtroom Remodel
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
Board of County Commissioners,
County of Weld
By: William F. Garcia
Name of Authorized Individual
Title: Chair
Official Title of Authorized Individual
Date: 05/18/2009
1
y
Date:
By:
STATE OF COLORADO
Bill Ritter, Jr. GOVERNOR
Department of Local Affairs
PRE -APPROVED FORM CONTRACT REVIEWER
/
Executive Director
Teri Davis, Qirector of Local Government Services
Date:
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,
By:
STATE CONTROLLER
David J. McDermott, CPA
Rose Marie Auten, Controller Delegate
Date:
Qr, f o3/e9q
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Form Revised: 11/20/08
i2CD�- //4/66
EIAF #5473 — Weld County Courtroom Remodel
EXHIBIT B-3
SPECIAL PROVISIONS
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Form Revised: 11/20/08
EIAF #5473 — Weld County Courtroom Remodel
SPECIAL PROVISIONS
These Special Provisions apply to all contracts except where noted in italics.
1. CONTROLLER'S APPROVAL. CRS §24-30-202(1). This contract shall not be valid until it has been approved
by the Colorado State Controller or designee.
2. FUND AVAILABILITY. CRS §24-30-202(5.5). 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.
3. GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be construed or interpreted as a
waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the
Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C.
§§1346(b) and 2671 et seq., as applicable now or hereafter amended.
4. INDEPENDENT CONTRACTOR. Contractor shall perform its duties hereunder as an independent contractor
and not as an employee. Neither Contractor nor any agent or employee of Contractor shall be deemed to be an
agent or employee of the State. Contractor and its employees and agents are not entitled to unemployment
insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide
such coverage for Contractor or any of its agents or employees. Unemployment insurance benefits will be available
to Contractor and its employees and agents only if such coverage is made available by Contractor or a third party.
Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes incurred
pursuant to this contract. Contractor shall not have authorization, express or implied, to bind the State to any
agreement, liability or understanding, except as expressly set forth herein. Contractor shall (a) provide and keep in
force workers' compensation and unemployment compensation insurance in the amounts required by law, (b)
provide proof thereof when requested by the State, and (c) be solely responsible for its acts and those of its
employees and agents.
5. COMPLIANCE WITH LAW. Contractor shall strictly comply with all applicable federal and State laws, rules, and
regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and
unfair employment practices.
6. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the
interpretation, execution, and enforcement of this contract. Any provision included or incorporated herein by
reference which conflicts with said laws, rules, and regulations shall be null and void. Any provision incorporated
herein by reference which purports to negate this or any other Special Provision in whole or in part shall not 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 shall not invalidate the remainder of this contract,
to the extent capable of execution.
7. BINDING ARBITRATION PROHIBITED. The State of Colorado does not agree to binding arbitration by any
extra -judicial body or person. Any provision to the contrary in this contact or incorporated herein by reference shall
be null and void.
8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. State or other public funds
payable under this contract shall not be used for the acquisition, operation, or maintenance of computer software in
violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies and warrants that,
during the term of this contract and any extensions, Contractor has and shall maintain in place appropriate systems
and controls to prevent such improper use of public funds. If the State determines that Contractor is in violation of
this provision, the State may exercise any remedy available at law or in equity or under this contract, including,
without limitation, immediate termination of this contract and any remedy consistent with federal copyright laws or
applicable licensing restrictions.
9. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. CRS §§24-18-201 and 24-50-507. The
signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest
whatsoever in the service or property described in this contract. Contractor has no interest and shall not acquire
any interest, direct or indirect, that would conflict in any manner or degree with the performance of Contractor's
services and Contractor shall not employ any person having such known interests.
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Form Revised. 11/20/08
EIAF #5473 — Weld County Courtroom Remodel
10. VENDOR OFFSET. CRS §§24-30-202 (1) and 24-30-202.4. [Not Applicable to intergovernmental
agreements] Subject to CRS §24-30-202.4 (3.5), the State Controller may withhold payment under the State's
vendor offset intercept system for debts owed to State agencies for: (a) unpaid child support debts or child support
arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in CRS §39-21-101, et seq.; (c)
unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) amounts required to be
paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State as a result of final
agency determination or judicial action.
11. PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101. [Not Applicable to agreements relating to the
offer, issuance, or sale of securities, investment advisory services or fund management services,
sponsored projects, intergovernmental agreements, or information technology services or products and
services] Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal
alien who will perform work under this contract and will confirm the employment eligibility of all employees who are
newly hired for employment in the United States to perform work under this contract through participation in the E -
Verify Program or the Department program established pursuant to CRS §8-17.5-102(5)(c), Contractor shall not
knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract with a
subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an
illegal alien to perform work under this contract. Contractor (a) shall not use E -Verify Program or Department
program procedures to undertake pre -employment screening of job applicants while this contract is being
performed, (b) shall notify the subcontractor and the contracting State agency within three days if Contractor has
actual knowledge that a subcontractor is employing or contracting with an illegal alien for work under this contract,
(c) shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien
within three days of receiving the notice, and (d) shall comply with reasonable requests made in the course of an
investigation, undertaken pursuant to CRS §8-17.5-102(5), by the Colorado Department of Labor and Employment.
If Contractor participates in the Department program, Contractor shall deliver to the contracting State agency,
Institution of Higher Education or political subdivision a written, notarized affirmation, affirming that Contractor has
examined the legal work status of such employee, and shall comply with all of the other requirements of the
Department program. If Contractor fails to comply with any requirement of this provision or CRS §8-17.5-101 et
seq., the contracting State agency, institution of higher education or political subdivision may terminate this contract
for breach and, if so terminated. Contractor shall be liable for damages.
12. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76.5-101. Contractor, if a natural person
eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (a) is a
citizen or otherwise lawfully present in the United States pursuant to federal law, (b) shall comply with the
provisions of CRS §24-76.5-101 et seq., and (c) has produced one form of identification required by CRS §24-76.5-
103 prior to the effective date of this contract.
Revised 1-1-09
Page 6 of 6
Form Revised: 11/20/08
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