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HomeMy WebLinkAbout20022594.tiff RESOLUTION RE: APPROVE CONTRACT AMENDMENT#3 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 Contract Amendment#3 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 Community Corrections Board and the Colorado Department of Public Safety, effective October 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 Contract Amendment#3 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 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 23rd day of September, A.D., 2002. BOARD OF COUNTY COMMISSIONERS WELD OUNTY, CO RADO ATTEST: a1 .� lenn Vaad, Chair Weld County Clerk to the`oa . ' Qgitv � XCUSED DATE OF SIGNING (AYE) David E. Lo , Pro-Tem BY: 611--)( 4 Deputy Clerk to the Boar. M. J. eile APP AST • EXCUSED DATE OF SIGNING (AYE) • li H. Jerke unty Attorn 1.1O,- p Robert D. Masden Date of signature: lI I 2002-2594 Ci 0'. Cu .m„ 00mA es.` y1) DA0002 Department or Agency Name Public Safety Department or Agency Nunber 460000 RAA Contract Routing Number CONTRACT AMENDMENT#3 THIS AMENDMENT, made this 1St day of October, 2002,by and between the State of Colorado for the use and benefit of the Department of Public Safety, Division of Criminal Justice, 700 Kipling Street, Suite 1000,Denver, Colorado 80215,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 a sufficient unencumbered balance thereof remains available for payment; 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,the purpose for this amendment is 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 Recommendations Number 1 and 4 of the Report of the State Auditor,Division of Criminal Justice Performance Audit,July 2001. The intention in amending this contract is to modify the Division of Criminal Justice's current process for distributing community corrections program and administrative funds from a quarterly advance system to a monthly system. 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 payments which shall be made pursuant to this amendment and 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, as amended July 1,2000 and July 1,2002, collectively 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 Page 1 of 3 2002-2594 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. Paragraph 1.B.1. of Contract#DCJ-00-04-19 shall now read: "The State agrees to advance funds on a monthly basis to the Contractor in accordance with the schedule in Exhibit"B" subject to compliance with the provisions of the contract." b. Paragraph 2.N. of Contract#DCJ-00-04-19 shall now read: ". . . .The Contractor agrees to use program funds on an equal monthly basis,unless authorized otherwise by the State. If actual monthly expenditures are less than the monthly advance by more than twenty percent(20%), subsequent monthly payments shall be reduced accordingly." 4. The effective date of this amendment is October 1, 2002, or upon approval of the State Controller,whichever is later. 5. 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 original contact, the provisions of this amendment shall in all respects supersede, govern, and control. The "Special Provisions" 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 AI.1'hR THE CURRENT FISCAL YEAR ARE CONTINGENT UPON FUNDS FOR THAT PURPOSE BEING APPROPRIATED, BUDGETED,AND OTHERWISE MADE AVAILABLE. Page 2 of 3 IN WITNESS WHEREOF,the parties hereto have executed this amendment on the day first above written. CONTRACTOR: STATE OF COLORADO BILL OWENS, GOVERNOR BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO QS, iS5L.__. Legal Name of Contracting Entity F Suzanne Mencer, Executive Director apartment of Public Safety 84-6000-813 14 . Security Nu ber or FEIN • . � aete-9 ATTORNEY GENERAL Signature of Authd zhittiffiaer Ken Salazar Glenn Vaad. Chair (09/23/2002) By: Print Name&Title of Authorized Officer I , c-it; �r Date: .. .t�'! , CORPORATIONS: l�� il / I •"v �� ) (A corporate seal or attestation is requ f i a C .p ,=; sf • Attest(Seal)By i ( �'e,...., :-- .<:�flJ. ,� �:lS •.n'�1: �v./14 o�n` 1 x.06) Deputy Clerk to the 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 goods and/or services provided. State Controller Art .Barnhart By: Date: l u 12.3 I it. Page 3 of 3 Hello