HomeMy WebLinkAbout20072056.tiff RESOLUTION
RE: APPROVE ADDENDUM NO. 1 TO THE AGREEMENT FOR INMATE ELECTRONIC
HOME MONITORING SERVICES AND AUTHORIZE CHAIR TO SIGN -
BI INCORPORATED
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 Addendum No. 1 to the Agreement for
Inmate Electronic Home Monitoring Services between the County of Weld,State of Colorado,by and
through the Board of County Commissioners of Weld County,on behalf of the Weld County Sheriffs
Office, and BI Incorporated, commencing upon full execution, with further terms and conditions
being as stated in said addendum, and
WHEREAS,after review,the Board deems it advisable to approve said addendum, 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 Addendum No. 1 to the Agreement for Inmate Electronic Home Monitoring
Services between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County,on behalf of the Weld County Sheriffs Office,and BI Incorporated
be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said addendum.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 18th day of July, A.D., 2007.
BOA‘COUNTY COMMISSIONERS
WELD UUNTY CQOR O
ATTEST: 144#
l •ubi
avid E. Long, Chair
arty
Weld County Clerk to th= Pow
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BY: 1 liam <- r?r Tem
D ty to the B .rd
Willi F. Garcia
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7jED AS TO v�,
/ =" Robert D. Masden
ttorney
�IID Dougla ademach
Date of signature: 7
2007-2056
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ADDENDUM NO. 1
TO THE
AGREEMENT FOR WELD COUNTY SHERIFF'S OFFICE INMATE ELECTRONIC HOME MONITORING
SERVICES
AGREEMENT NO. 2003-1380 DATED June 4, 2003 ("Agreement")
BETWEEN
BI INCORPORATED ("BI")
AND
WELD COUNTY, COLORADO, BY AND THROUGH THE BOARD OF COUNTY COMMISSIONERS OF WELD
COUNTY, on behalf of THE WELD COUNTY SHERIFF ("Agency")
This Addendum is entered into by and between Agency and BI.
In consideration of the promises contained herein, and for other good and valuable consideration, receipt of which
is hereby acknowledged, the parties hereto, desiring to be legally bound, hereby agree as follows:
1. The following equipment shall be added to the Agreement:
BI CellularTM Unit: Used in conjunction with BI HomeGuard®, it enables BI's electronic
monitoring services to be installed without a telephone line connected to the Client's home.
Cellular telephone service must be available within the Client's home.
2. The following conditions shall be added to the Agreement:
SERVICE CONDITIONS
Agency recognizes and acknowledges that information is transmitted via third-party telecommunications
service providers. BI makes no representations or warranties regarding carriage of information over any
communications medium not directly controlled by BI, including, but not limited to, wireless and "land-line"
telecommunications services. Further, BI shall not be liable for any interruption of service or non-transfer
of information due to interruptions, temporary downage or other failure to any system that is not directly in
Bl's control. BI agrees to notify Agency as soon as is practicable in the event BI Equipment is not
operational due to any such interruption.
BI SPECIFICALLY EXCLUDES ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. IN NO EVENT WILL BI BE LIABLE FOR ANY DIRECT, INDIRECT,
SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES IN CONNECTION WITH OR ARISING OUT
OF THE PROVIDING, PERFORMANCE OR USE OF THE SERVICES OR THE EQUIPMENT
PROVIDED UNDER THE AGREEMENT. THIS LIMITATION SPECIFICALLY INCLUDES ANY CLAIMS
RELATING TO ANY FAILURE OR DELAY IN PERFORMANCE HEREUNDER WHICH IS DUE, IN
WHOLE OR IN PART, TO ANY CAUSE BEYOND BI'S CONTROL. BI EXPRESSLY DISCLAIMS ANY
WARRANTY THAT THE SERVICE OR EQUIPMENT IS COMPLETE, ACCURATE, RELIABLE, ERROR
FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE PRODUCTS
AND SERVICES WILL BE CONTINUOUSLY AVAILABLE, OR THAT DATA ENTERED ARE SECURE
FROM UNAUTHORIZED ACCESS. IN NO EVENT DOES BI ASSUME ANY RESPONSIBILITY FOR
ACTS THAT MAY BE COMMITTED BY PERSONS SUBJECT TO OR USING BI EQUIPMENT AND
SERVICES. AGENCY ASSUMES FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL
NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT AGENCY USES IN CONNECTION
WITH ITS USE OF BI EQUIPMENT.
3. The current "Force Majeure" language shall be deleted in its entirety and replaced with the following
language:
FORCE MAJEURE
BI shall not be liable for any delay in performance or any nonperformance which is due to causes beyond
BI's control, including, but not limited to, war, fire, floods, sabotage, civil unrest, strikes, embargoes or
2007-2056
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delays, acts of God, acts of third parties, acts of governmental authority or any agent or commission
thereof, accident, breakdown of equipment, telecommunications services — both wireless and "land-line"
systems, differences with employees or similar or dissimilar causes beyond BI's reasonable control.
4. BI CELLULAR CHARGES
For every BI Cellular Unit provided to Agency by BI,Agency shall pay to BI rent for each day in any given
month that a BI Cellular Unit is in Agency's possession (the"81 Cellular Unit Rental Charge"). The BI
Cellular Unit Rental Charge will be added to the daily Active HomeGuard Unit rate.
BI Cellular Unit Rental Charge: $4.50 per day per BI Cellular Unit provided from BI inventory.
Unit to be paid by Agency.
Capitalized terms used herein, and not otherwise defined shall have the meaning as set forth in the Agreement.
All other terms and conditions of the Agreement, except as expressly amended herein, shall remain in full force
and effect.
IN WITNESS WHEREOF, by signing below the parties have caused this Addendum to be effective as of the latest
date set forth below.
BI INCORPORATED WELD COUNTY, COLORADO, BY AND THROUGH
THE BOARD OF COUNTY COMMISSIONERS OF
WEL LINTY, on behalf of THE WELD COUNTY
��//�/ // // SHER[I� In (�•
By:%�� fily ate -7't 2/2zv 7 By: c' V Date 07/18/2O07
Printed Name: Michael E. Hankerd Printed Name: David E Long
Printed Title: Corporate Controller .
E Y�„a Title: Chair
ithi t iltelliatt
`� 1! ' LINTY CLERK TO THE
BOARD
p»ER TO THE B RD
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