HomeMy WebLinkAbout20021607 RESOLUTION
RE: APPROVE COMMUNITY CORRECTIONS CONTRACT AMENDMENT#2 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 a Community Corrections Contract
Amendment#2 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 Public Safety, effective July 1, 2002, 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 Community Corrections Contract Amendment#2 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
Public Safety 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 19th day of June, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
pas WE D COON OLORADO
ATTEST: Lay
a• : n Vaad Lhair
Weld County Clerk to the - r•j ,� f-
cp O M el 4avid E. ng, Pro-Tem
BY: e w' /,.• v
Deputy Clerk to the Board
M. . Geile
AP D AS TO • EXCUSED DATE OF SIGNING (AYE)
illiam H. Jerke
ounty Fame —�
(o obert D. asde
Date of Signature: 46
2002-1607
���"6941 L it J DA0002
Department or Agency Name
Public Safety
Decarmsnt or Agency Number
460000 RAA
Contract Routing Number
CONTRACT AMENDMENT#2
THIS AMENDMENT,made this ht day of July, 2002,by and between the State of Colorado for
the use and benefit of the Department of Public Safety,Division of Criminal Justice,hereinafter referred
to as the State,and the Board of Commissioners of Weld County,hereinafter referred to as the
Contractor,
FACTUAL RECITALS
Authority exists in the Law and Funds have been budgeted, appropriated, and otherwise made
available; and
Required approval, clearance, and coordination has been accomplished from and with
appropriate agencies; and
The parties entered into a contract dated July 1, 1999, for Community Corrections services,more
fully described below.
Pursuant to its authority to administer and execute contracts under Section 17-27-108(1), C.R.S.,
the Division of Criminal Justice is amending the Community Corrections contracts to comply with the
new"Special Provisions"in State Fiscal Rule 3-1, as revised December 1, 2001.
The intention in amending this contract is to include the new"Special Provisions"as provided in
State Fiscal Rule 3-1,revised December 1,2001.
NOW THEREFORE, it is hereby agreed that
1. Consideration for this amendment to the original contract,Contract Number DCJ-00-04-19,
dated July 1, 1999 consists of the promises and agreements herein set forth.
2. It is expressly agreed by the parties that this amendment is supplemental to the original
Contract Number DCJ-00-04-19,dated July 1, 1999 referred to as the"original contract",which is,by
this reference, incorporated, and made a part hereof, and attached as Exhibit A,and all 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. The"Special Provisions"on pages 11 and 12 of the original Community Corrections
contract, dated July 1, 1999, shall be replaced by the attached"Special Provisions".
4. The effective date of this amendment is July 1, 2002.
5. In the event of any conflict, inconsistency,variance,or contradiction between the provisions
Page 1 of 4 2002-1607
of this amendment and any of the provisions of the original contact, the new"Special Provisions"of this
amendment shall in all respects supersede, govern, and control. The new "Special Provisions"contained
in this amendment shall always be controlling over other provisions in the contract or amendments. The
representations 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.
IN WITNESS WHEREOF,the parties hereto have executed this amendment on the day first
above written.
CONTRACTOR: STATE OF COLORADO:
BOARD OE COUNTY COMMISSIONERS BILL OWENS, GOVERNOR
WWE,I.D COUNTY. COLORADO
(Full pLI1 �al Name)
Y we // t'� 17474:5‘) Ck� ":
(Signature of Individ Erector
Glavin Vaa4 Chair (06/19/9009)
(Printed Name &Title of Individual) DEPARTMENT OF PUBLIC SAFETY
84-6000-813 I
Social Security Number or
Fed. Employer Identification N R1� ATTORNEY GENERAL
Attestation / frEi By:
v
66.1 '
s.the 1v .
the
Deputy Clerk to �
(Seal)
APPROVALS
ATTORNEY GENERAL STATE CO
By: By: C J
Page 2 of 4
SPECIAL PROVISIONS
(For Use Only with Inter-Governmental Contracts)
44. CONTROLLER'S APPROVAL. CRS 24-30-202(1)
This contract shall not be deemed valid until it has been approved by the Controller of the State of Colorado or
such assistant as he may designate.
2.2.FUND AVAILABILITY. CRS 24-30-202(5.5)
Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for
that purpose being appropriated,budgeted,and otherwise made available.
3.3. INDEMNIFICATION.
Indemnity: The contractor shall indemnify, save, and hold harmless the State against any and all
claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a
result of any act or omission by the Contractor,or its employees, agents, subcontractors,or assignees
pursuant to the terms of this contract.
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,protection, or other provisions for the parties, of the
Colorado Governmental Immunity Act, Section 24-10-101 et seq. C.R.S. or the Federal Tort Claims
Act,28 U.S.C.2671 et seq. as applicable,as now or hereafter amended.
44. INDEPENDENT CONTRACTOR. 4 CCR 801-2
THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN
EMPLOYEE. NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE OR
SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE. CONTRACTOR SHALL PAY WHEN DUE ALL
REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID BY THE STATE
PURSUANT TO THIS CONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES ARE
NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR THIRD PARTY PROVIDES
SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE.
CONTRACTOR SHALL HAVE NO AUTHORIZATION,EXPRESS OR IMPLIED,TO BIND THE STATE TO ANY AGREEMENTS,
LIABILITY,OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. CONTRACTOR SHALL PROVIDE AND
KEEP IN FORCE WORKERS' COMPENSATION(AND PROVIDE PROOF OF SUCH INSURANCE WHEN REQUESTED BY THE
STATE)AND UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW,AND SHALL BE
SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR,ITS EMPLOYEES AND AGENTS.
&5.NON-DISCRIMINATION.
The contractor agrees to comply with the letter and the spirit of all applicable state and federal laws respecting
discrimination and unfair employment practices.
6,6. CHOICE OF LAW.
The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in
the interpretation,execution, and enforcement of this contract. Any provision of this contract,
whether or not incorporated herein by reference,which provides for arbitration by any extra judicial
body or person or which is otherwise in conflict with said laws,rules, and regulations shall be
considered null and void. Nothing contained in any provision incorporated herein by reference which
purports to negate this or any other special provision in whole or in part shall 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 will not invalidate the remainder of this
contract to the extent that the contract is capable of execution.
At all times during the performance of this contract,the Contractor shall strictly adhere to all
applicable federal and state laws,rules, and regulations that have been or may hereafter be
established.
8,7.EMPLOYEE FINANCIAL INTEREST. CRS 24-18-201 &CRS 24-50-507
The signatories aver that to their knowledge,no employee of the State of Colorado has any personal or
beneficial interest whatsoever in the service or property described herein.
Rev.12/1/01,CDPS LAN Version
Page 3 of 4
SPECIAL PROVISIONS
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
CONTRACTOR: STATE OF COLORADO:
BILL OWENS, GOVERNOR
By
Legal Name of Contracting Entity FOR C.Suzanne Mencer,Executive Director
Department of Public Safety
Social Security Number or FEIN
LEGAL REVIEW:
Signature of Authorized Officer Ken Salazar,ATTORNEY GENERAL
By
Print Name&Title of Authorized Officer
CORPORATIONS:
(A corporate seal or attestation is required.)
Attest(Seal)By
(Corporate Secretary or Equivalent,or Town/City/County Clerk)
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not valid until
the State Controller,or such assistant as he may delegate, has signed it. The contractor is not authorized to
begin performance until the contract is signed and dated below. If performance begins prior to the date
below,the State of Colorado may not be obligated to pay for the goods and/or services provided.
STATE CONTROLLER:
Arthur L.Barnhart
By
Date
Rev. 12/1/01,CDPS LAN Version
Page 4 of 4
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