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Home My WebLink About20032618.tiff RESOLUTION RE: APPROVE CONTRACT AMENDMENT #5 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#5 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 1,2003,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 Contract Amendment#5 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 10th day of September, A.D., 2003. BOARD OF COUNTY COMMISSIONERS WEl(D COUNTY, �C'OLORAD - 41104apr.• � Davi . ong, Chair Iasi (" •`t�°. 11�'erk to the Board �,�' / Robert D. sdeh, Pro- em lerk to the Board M. J. eile A `CAP ED A • I TlEJe k Date of signature: g 2003-2618 DA0002 00 : 0Q PIECE1. ED ,,:, !O G? 0 E 2003 %adnunDepartmcnt or Agency Name Public Safety Department or Agency Number 460000 RAA Contract Routing Number CONTRACT AMENDMENT# 5 THIS AMENDMENT,made this lTI1 day of Oat , 20 03,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 1. 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 2. Required approval, clearance, and coordination has been accomplished from and with appropriate agencies; and 3. 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 1) in response to the loss of.5 FTE in the Office of Community Corrections, Division of Criminal Justice,effective July 1, 2003, and 2) to comply with the new"Special Provisions"provided in a memo from the State Controller's Office. The intention in amending this contract is 1)to modify the Division of Criminal Justice's current process for distributing community corrections program and administrative funds from a monthly system to a quarterly advance system, and 2) to include the new"Special Provisions"as provided in a memo from the State Controller's Office. NOW THEREFORE, it is hereby agreed that 1. Consideration for this amendment to the original contract, Contract Routing Number DCJ-00- 04-19, Contract Encumbrance Number N/A, 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, as amended Contract Amendment# 1, Contract Number N/A; Contract Amendment#2, Page 1 of 5 Contract Number N/A; Contract Amendment#3, Contract Number N/A; and Contract Amendment#4, Contract Number N/A, collectively referred to as the "original contract",which is,by this reference, incorporated herein, that 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. Paragraph 1.B.1.of Contract#DCJ-00-04-19 shall now read: "The State agrees to advance funds on a quarterly 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 quarterly basis,unless authorized otherwise by the State. If actual quarterly expenditures are less than the quarterly advance by more than twenty percent(20%), subsequent quarterly payments shall be reduced accordingly." c. 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", Governmental or Non-Governmental, as appropriate. 4. The effective date of this amendment is upon approval of the State Controller, or October 1, 2003,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 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. Page 2 of 5 IN WITNESS WHEREOF,the parties hereto have executed this amendment on the day first above written. CONTRACTOR: STATE OF COLORADO ILL OWENS, G OR Board of County Commissioners Weld County, Colorado / (Full Legal Name F C. uzanne Mencer, Executive Director fluent of Public Safety EDATE: to In Ca (Signature of Individual) David E. Long P 1 003 ATTORNEY GENERAL (Name of Individual) Ken Salazar Chair By: Position (Title) Date: 84-6000-813 I (Social Security Number or Federal Employer ID Number) 7n A ;hiAttestation: !%C:i',y� r�l�'�u-- r (so! ,,,1 Et `µnq�/�.�� ,1By: j � �_ c z_ri :mil ) (C rporate Secretary or E.,ivalent, NO y or Town/City/County er• ,`O:��°�'�� 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 arnhart By: Date: 1.01 °\I o'S Page 3 of 5 SPECIAL PROVISIONS (For Use Only with Inter-Governmental Contracts) 1. 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. 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. INDEMNIFICATION. To the extent authorized by law,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, 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. 4. 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. 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. 7. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00 No State or other public funds payable under this Contract shall be used for the acquisition, operation or maintenance of computer software In violation of United States copyright laws or applicable licensing restrictions. The Contractor hereby certifies that, for the term of this Contract and any extensions, the Contractor has in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that the Contractor is in violation of this paragraph, the State may exercise any remedy available at law or equity or under this Contract, including, without limitation, immediate termination of the Contract and any remedy consistent with United States copyright laws or applicable licensing restrictions. 8. 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. Page 4 of 5 Ruch.;nt,cups I AN V cr,d„n 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 attestation is required.) Attest(Seal)By (Corporate Secretary or Equivalent,or Town/City/County Clerk) (Place corporate seal here,if available) 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 7;1;01.CDPS I.AN Ve 110(1 Page 5 of 5 NINETEENTH JUDICIAL DISTRICT WELD COUNTY COMMUNITY CORRECTIONS BOARD MEMO DATE: September 4, 2003 TO: Board of County Commissioners P ti%FROM: Jan-Alison tuber, Administrative Coordinator, SUBJECT: Amendment #5 to Five-Year Community Corrections Contract Attached are three (3) copies of the fifth amendment to the five-year community corrections contract. This amendment will modify the current DO process for distributing community corrections program and administrative funds from a monthly system to a quarterly advance system and to include the new"Special Provisions". DO is returning to a quarterly payment system because of the loss of a .5 FTE in their office. The "Special Provisions" have been revised in two (2) areas. 1. A language addition was made to the Indemnification paragraph of the Inter-Governmental contracts: "To the extent authorized by law, the contract shall indemnify, save, and hold harmless the State against any and all claims, damages, liability and court awards...." 2. A new Software Piracy Prohibition paragraph has been added to all contracts. I respectfully request that this contract amendment be signed. I will be at the Board of Commissioners meeting on Wednesday, September 10 to answer any questions. 2003-2618 Hello