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Home My WebLink About20040530.tiff RESOLUTION RE: APPROVE AMENDMENT TO CONTRACT FOR ENERGY IMPACT ASSISTANCE GRANT FOR 800 MHZ RADIO SYSTEM 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 an Amendment to the Contract for the Energy Impact Assistance Grant for an 800 MHz Radio System between the County of Weld,State of Colorado,by and through the Board of County Commissioners of Weld County,on behalf of the Regional Communications Department,and the Colorado Department of Local Affairs,commencing upon full execution of said amendment, 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 Amendment to the Contract for the Energy Impact Assistance Grant for an 800 MHz Radio System between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Regional Communications Department, 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 February, A.D., 2004. BOARD OF COUNTY COMMISSIONERS LD COUNTY, COLORADO ATTEST: ajd '%��`` &- VL�1_ • 11,a Robert D. Masden, Chair Weld County Clerk to the ar• �. � • fISZ9�� illiam Jerke, Pro-Tem BY: Deputy Clerk to the B. .7))), ' At. M. J. eile AP V AS TO EXCUSED David Long ounty Attorne V& , Q 3A Glenn Vaad Date of signature: 2004-0530 CM0016 �� (e9..0-7/77 O3/ay/oq . EIAF#3733—Weld County 800 MHZ Communications (Multi-Year) Contract Routing# 00(01 , Vendor#ClaviootiCa,CS . CFDA#N/A ENERGY & MINERAL IMPACT ASSISTANCE FUND CONTRACT AMENDMENT THIS CONTRACT AMENDMENT# 1 made by and between the State of Colorado for the use and benefit of the Department of Local Affairs, 1313 Sherman Street, Denver, Colorado 80203, hereinafter referred to as the State, and The Board of County Commissioners, County of Weld, P.O. Box 758, Greeley, Colorado 80632 , hereinafter referred to as the Contractor, WHEREAS, this Amendment modifies Contract # F9S3733 , Routing #0781 , dated December 17, 1999 hereinafter referred to as the Original Contract and both the State and the Contractor are agreeable to this contract modification, WHEREAS, it has become necessary to change the Original Contract Modification and Amendment process as outlined in the main body of the contract, THEREFORE, the Original Contract is changed as follows: • 1. Paragraph #8 Modification and Amendment in the main body of the Original Contract is modified by deleting paragraph #8 and inserting in its place a new Paragraph #8 to read: 8. Modification and Amendment. a) Modification by Operation of Law. This Contract is subject to such modifications as may be necessitated by changes in federal or state law or requirements. Any such required modifications shall be incorporated into and be part of this Contract as if fully set forth herein. b) Unilateral Amendment. The State may unilaterally modify the following portions of this Contract when such modifications are requested by the Contractor or determined by the State to be necessary and appropriate. In such cases, the Amendment is binding upon proper execution of the Amendment by the State Controller's designee and without the signature of the Contractor. i) Paragraph 2 of this Contract, "Responsible Administrator"; ii) Paragraph 3 of Exhibit A, Scope of Services "Time of Performance"; iii) Paragraph 5 of Exhibit A, Scope of Services "Payment Schedule"; iv) Paragraph 23 of this Contract if applicable, Repayment of Loan, and Exhibit B, Loan Repayment Schedule Contractor must submit a written request to the Department if modifications are required. Amendments to this Contract for the provisions outlined in this Paragraph 8 b. i) through iv): Responsible Administrator, Time of Performance, Payment Schedule, or Repayment of Loan and Loan Repayment Schedule can be executed by the State (Exhibit C1). c) Bilateral Amendment. In the following circumstances, modifications shall'be made by an Amendment signed by the Contractor, the Executive Director of the Department and the State Controller's designee. Such Amendments must be executed by the Contractor then the State and are binding upon proper execution by the State Controller's designee. i) unless otherwise specified in the "Budget" section of Exhibit A, when cumulative budgetary line item changes exceed Twenty Thousand Dollars ($20,000.00); ii) unless otherwise specified in the "Budget" section of Exhibit A, when any budget transfers to or between administration budgetary categories are proposed; Page 1 of 3 ,;may-A53o • EIAF#3733—Weld County 800 MHZ Communications (Multi-Year) iii) when any other material modifications, as determined by the State, are proposed to Exhibit A or any other Exhibits; iv) when additional or less funding is needed and approved and modifications are required to Paragraph 5 of this Contract, "Compensation and Method of Payment" as well as to Exhibit A "Budget" and "Payment Schedule"; v) when there are additional federal or state statutory or regulatory compliance changes in accordance with Paragraph 22 of this Contract. Such Bilateral Amendment may also incorporate any modifications allowed to be made by Unilateral Amendment as set forth in subparagraph 8.b) of this paragraph. Upon proper execution and approval, such Amendment(Exhibit C2) shall become an amendment to the Contract, effective on the date specified in the amendment. No such amendment shall be valid until approved by the State Controller or such assistant as he may designate. All other modifications to this Contract must be accomplished through amendment to the contract pursuant to fiscal rules and in accordance with subparagraph 8 d). d) Other Modifications. If either the State or the Contractor desired to modify the terms of this Contract other than as set forth in subparagraphs b) and c) above, written notice of the proposed modification shall be given to the other party. No such modification shall take effect unless agreed to in writing by both parties in an amendment to this Contract properly executed and approved in accordance with applicable law. Any amendment required per this subparagraph will require the approval of other state agencies as appropriate, e.g. Attorney General, State Controller, etc. Such Amendment may also incorporate any modifications allowed to be made by Unilateral and Bilateral Amendment as set forth in subparagraphs 8.b) or 8.c) of this paragraph. 2. Insert Exhibits Cl, Unilateral Amendment, and C2, Bilateral Amendment to the Original Contract. 3. Delete Change Letter form attached to Original Contract. Page 2 of 3 . EIAF#3733—Weld County 800 MHZ Communications (Multi-Year) THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT CONTRACTOR: STATE OF COLORADO: BILL OWENS,GOVERNOR BOARD OF COUNTY COMMISSIONERS, , � COUNTY OF WELD, COLORADO rl,E)i4/. f /^\ Legal Name of Contracting Entity Michael L. Beasley,Executive Director Department of Local Affairs 84-6000813 Social Security Number or FEIN tfO- PRE-APPROVED FORM CONTCT REVIEWER: Signature of A horized Officer /'-U7J I119-.sa, !1 CHAIR Litt; Print Name&Title of Authorized Officer (a//g/aeo /L/1 CORPORATIONS: (A corporate seal or attestation is required.) Attest(Seal) By (Corporate Secretary r quivalen,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 , .. \ � , Rem Marie Aut Controller De artment of Lo I Affairs Date 01)-290Y- Page 3 of 3 EXHIBIT Cl EIAF# (Insert Project Title) EXHIBIT Cl Contract Routing# Encumbrance# Vendor# (for Remit Address) APPR GBL CFDA# N/A Unilateral Amendment# of(Type of Contract—Grant/Loa ,Gfaii' Loan) Between Colorado Department of Local Affairs and (Grthtlame and Address) State Executed Contract Modifications:(fiise state sign. 're page only) A. Modifications to Contract Boilerplate Responsible Administrator Delete old'Administrator's name and insert in lieu thereof new"Responsible Administrator". Repayment of Loan Clete curt 23 a7 nse, 'in lieu of new #23 x , 3 4 F1 S .n : B. Modifications to Exhibit e oflBefgrie } Time of Pelf ,rmance "Ti' n Petfor j"nce is m ¢ified by deleWt""Date"and inserting in lieu thereof" Date ". ,t Remit Addre ete current �it Address„and insert in lieu thereof new"Remit Address". moment Schedule a4Iete current"Payment Schedule"and insert in lieu thereof new"Payment Schedule". C. Mo i ' o Exffit It B ,. Re yment Schedule: De t Loin Repayi )ttSchedule and insert in lieu thereof new Loan Repayment Schedule. J All of the terms _ core ns of the Original Contract remain unchanged except for those terms and conditions modtfiedy thisenent# and all previous amendments. Both parties also expressly understand that this AmerT lent, is incorporated into the=Original Contract. Reviewed by: Department of Local Affairs Pre-approved Form Contract Reviewer Michael L. Beasley, Executive Director 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 Rose Marie Auten, Controller Department of Local Affairs Date: EXHIBIT C2 EIAF#_- (Insert Protect Title) EXHIBIT C2 Contract Routing# Encumbrance# Vendor# (for Remit Address) APPR GBL CFDA# N/A Bilateral Amendment# of(Type of Contract—Grant/LoaniTrant-Loan) Between Colorado Department of Local Affairs and (Grarftbd lame and Address) State and Contractor Executed Modifications 4dse state an4Oontractor signature page) A. Modifications to Contract Boilerplate Compensation and Method of P ent "Compensation and Method of Pe ybent"in;the Onglnal Col tgact is modified by deleting Amount "and inserting in lieu there of" Amount . Responsible Admrnr3trlt r: Delete.oid Administrators nameiand insert in lieu thereof new "Responsible Administmtttr,: Complianc Aylth Applicabl ,ws, Pa #raph#fa"Complianc&1th Applicable Laws"in the Original Contract is ria '1itied as follows ' *olgde esting tannage"is revised to read"and the revised language. 7, Repayment d£la" n: Deletecurr ' 23 "a inserniiflieu thereof new"#23". ea '_ B ° " cations to EXhl iS4#cope of SerViices. r• ;is escrip'tibh, O rues and Requirements: "1. Project Description, Objectives, and Re u" s:i"ts, Subsectio '."is modified as follows: Include existing language"is revised to read"and the revisedlanguage. Enemy and MineralImpact 2. "Energy and Mineral Impact"is modified by deleting current Energy and Miner l4mpd and inserting new Energy and Mineral Impact. Time of Performance: "Time of+Performance" is modified by deleting current Date and inserting new Date. Budget: 4. "Budget"is modified by deleting the current Budget and inserting new Budget. Remit Address: 5. "Remit Address" is modified by deleting the current Remit Address and inserting new Remit Address. Payment Schedule: 6. "Payment Schedule"is modified by deleting current Payment Schedule and inserting new Payment Schedule. Contract Monitoring: 7. "Contract Monitoring" is modified by deleting current Contract Monitoring and inserting new Contract Monitoring. Reporting Schedule: 8. "Reporting Schedule is modified by deleting current Reporting Schedule and inserting new Reporting Schedule. C. Modifications to Exhibit B, Loan Repayment Schedule: Delete current"Exhibit B Loan Repayment Schedule and insert new"Exhibit B Loan Repayment Schedule. All of the terms and conditions of the Original Contract remain unchanged except for those terms and conditions modified by this Amendment# and all previous amendments. Both parties also expressly understand that this Amendment# is incorporated into the Original Contract. EIAF#_ (Insert Project Title) THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT CONTRACTOR: STATE OF COLORADO: BILL OWENS,GOVERNOR By Legal Nameof Contracting Entity Mictiaeit 9Beasley, Executive Director Departrfraof Local Affairs Social Security Number or FEIN r~'r PRE-APPROVED FOR'CONTRACT REVIEWER: Signature of Authorized Officer B 5 k Print Name&Title of Au, grized Officer s . c , „_ COSPO Irks`"IONS(A ctorate seat or ariestatkxttuiredJ a V� Attest(Seat)By `'Corporate Secretary or Equivalent,or-Town/City/County Clerk) Tr. 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 Rose Marie Auten, Controller Department of Local Affairs Date • EIAF#3733—Weld County 800 MHZ Communications(Multi-Year) EXHIBIT Cl • Contract Routing# OObl y Encumbrance# Fe\S3133A Vendor# %a _000% - (for Remit Address) APPR \r% GEL RS te tL CFDA# N/A Unilateral Amendment# 2 of Energy and Mineral Impact Assistance Grant Between Colorado Department of Local Affairs and the Board of County Commissioners, County of Huerfano 401 Main Street,Walsenbura, Colorado 81089 State Executed Contract Modifications(use state signature page only) A. Modifications to Contract Boilerplate None B. Modifications to Exhibit A,Scope of Service. Time of Performance: "Time of Performance is modified by deleting "April 30, 2004" and inserting in lieu thereof "June 30,2006". All of the terms and conditions of the Original Contract remain unchanged except for those terms and conditions modified by this Amendment# 2 and all previous amendments. Both parties also expressly understand that this Amendment# 2 is incorporated into the Original Contract. Reviewed by: Department of Local Affairs "Att."--z: Pre-approved Form Contract Reviewer Michael L. Beasley, Executive Director 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 Be �Marie A , Controller partment of L cal Affairs Date: cA/13/O41- Hello