HomeMy WebLinkAbout900773.tiff RESOLUTION
RE: APPROVE AMENDMENT TO DEPARTMENT OF CORRECTIONS CONTRACT AND
AUTHORIZE. CHAIRMAN 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, by Resolution dated June 18 , 1990 , the Board
approved a Contract with the Department of Correctins concerning
the housing of State inmates in the Weld County Jail, and
WHEREAS , an Amendment to said Contract to increase the stated
number of inmates to be housed in the Weld County Jail from 15 to
24 has been presented to the Board of County Commissioners , and
WHEREAS, after study and review, the Board deems it advisable
to approve said Amendment.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Amendment to the
Contract with the Department of Corrections increasing the number
of inmates to be housed in the Weld County Jail from 15 to 24 be,
and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman 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 27th day of
August, A.D. , 1990 .
n . BOARD OF COUNTY COMMISSIONERS
/06:744 p , , / '
ATTEST: 4'� /v ‘,v v✓v= WELD NTY, COLORADO
Weld County Clerk to the Board
ene R. Bran ner, Chairman
-- A �—
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BY: j �i 1t; 4/ g _cc A d� ' 4.
e Kennedy, Pro-Tem
Dputy Clerk to the Board
APPROVED A TO FORM: ons ance L. Har ert
?A X
C.W. R
ounty Attorney c
Go La' // T
�// 900773
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DEPARTMENT OR AGENCY NUMBER
440001
CONTRAul ROUTING NUMBER
148-91
AMENDMENT
CONTRACT
THIS CONTRACT, Made this 27th day of August 1990 ,
by and between the State of Colorado for the uce and benefit of the
Department of Corrections, hereinafter referred to as the State, and
Weld County, a political subdivision of the State
of Colorado, hereinafter refexied to as the County,
WHEREAS, Funds have been budgeted, appropriated, and otherwise made
available and a sufficient unencumbered balance thereof remains
available for payment by the State to the County under the terms of
this Contract in Fund Number 1001 , G/L Account Number 52157 •
Contract Encumbrance Number C610148 .
WHEREAS the parties hereto entered into a contract dated
June 18 , 1990, (the "Original Contract") , Contract Routing
Number 148-91 , C.E. Number C610148 , wherein the Contractor
agreed to undertake the performance of certain work and services in
consideration for which the State agreed to make certain payments; and
WHEREAS, the parties wish to incrPagP the maximum number of inmates
who may be housed by the County;
NOW THEREFORE, it is agreed that:
1. Consideration for this amendment to the Original
Contract, C.E. Number C610148 , Contract Routing
Number 148-91 , dated June 18, 1990
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 Contract is supplemental to the Original
Contract Number C610148 , dated June 18, 1990
which is, by this reference, incorporated, made a part
hereof and identified as Exhibit A , and all the
terms, conditions and provisions thereof, unless
specifically iAWified herein, are to apply to this
Amendment Contract as though they were expressly
re-written, incorporated, and included herein.
Page 1 of 4 Pages
8/S1 /go goo 173
3. It is agreed that the Original Contract is and shall be
ALdified, altered and changed in the following respects
only:
a• Paragraph 11 A is altered to increase the number of
inmates who may be houred under this contract from
fifteen (15) to twenty-four (24)
b. Paragraph 11B is altered to reflect that the
maximum cumulative total that the State may be
billed for offender-day rate services by the county
during the term of this contract is five hundred
thirty-three thousand, one hundred and thirty
dollars ($533, 130.00
4. The effective date of this Amendment Contract is
September 1 , 1990
5. In the event of any conflict, inconsistency, variance or
contradiction between the provisions of this Amendment
Contract, or any of its attachments or exhibits, and any
of the provisions of the Original Contract, or its
attachments or exhibits, the provisions of this
Amendment Contract shall in all respects supersede,
govern and control.
?age 2 of 4 Pages
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Inr„� G .c n,u
SHI)CIAL I'1“0\:IS ONS
COVERO L LER'S .k ROs xi,
This contract shall not be deemed,mid uvun stz l l e been apple,cdb, The Controller of the StateofCom zit°of such us-.w.ail za he roar designate This
pro,ision is applicable to an. nom:ac'. in,ol,me th; par mcrn of more) b. the Stoic
Fla1U .A Ca I L.A_B 1 LIT 1
2. Financial obligations of the State pay attic after the cuncnt fecal year arc contingent upon funds for thzi purpose bung appropriated,budgeted and otherwise
made available.
BOND REQUIREMENT
3. If this eonuan invohz6 the paymem of more than fifty thousand dollars for the construction.erection,repair,maintenance,or improvement of any building.
road,bridge.yiaduet,tunnel.excavation or other public works for this State the contractor shall,before entering the performance of any such work included in this
contract.duly execute and deliver to and file w ith the official whose signature appears below-for the State,a good and sufficient bond or other acceptable sure'. to be
approycd by said official in a penal sum not less than onohalf of the total amount pzy able by the terms of this contract. Such bond shall be duly executed by a
qualified corporate surety.conditioned for the due and faithful performance oldie contract,and in addition,shall pro,ide that dine contractor or his subcontractors
fail to duly pay for any labor.materials.team hire.sustenance.provisions.pro,cndor or other supplies used or consumed by such contractor or his subcontractor in
performance of the work contracted to be done,the surety will pay the same in an amount not exceeding the sum specified in the bond,together with interest at the
rate of eight per cent per annum.Unless such bond.,,hen so required,is executed,delivered and filed,no claim hi fa.or of the contractor arising under this contract
shall be audited.allowed or pzid.A certified or cashier's cheek or z bank money-order payable to the Treasurer of the Stare of Colorado may be accepted in lieu of z
bond. This provision is in eos.pli:,flee raw if. 28-26-106 CRS, zs amended.
INDEMNIFICATION
4. To the extent authorized by law. the contractor shall indemnify, .are and hold harmless the State, its employees and agents. against any and all claims.
da-mages.liability and coon aw;.rds including costs.expenses.and attorney fees incurred as a result of any act or omission bat the contractor.or its employees.
agents. subcontractors.or assignee( p:.rsaant to the terms of this contract, except to the extent caused by an act or
omission of the sate, its officers and employees.
DISCRIMINATION AND AFFIRMATIVE ACTION
S. The contractor agrees to comply w en the letter and spirit of the Colorado Antidiscrimination Act of 1957.zs ccuded.and other applicable law respectine
discrimination and unfair emple)'mem practices(24-$-1-402.CRS 1982 Replacement kb1-),and as required by Executive Order.Equal Opponunity and Affirma-
ti.c Action, dated April 16. 19'5- Pun nom rhecem, theft/flowing proriscoos shall be romolned in all Store romans of subromrons.
During the performance of this contract, the contractor agrees as follows.
(I) Tne contractor will not discriminate against any employee or applicant for employment because of race,creed.color,national origin.sex,marital status.
religion.ancestry.mental oc physical handicap,or age.The contractor will take affirmative action to insure that applicants arc employed,andthat employees are
treated during employment,without regard to the above mentioned characteristics. Such action shall include,but not be limited to the following:employment.
upgrading.demotion.ortransfer.recruitment or recruitment advertising:layoffs or terminations;rates of pay or other forms of compensation:and selection for
training.including apprencceship.The contractor agrees to post inconspicuous places,available to employees and applicants for employment,notices to be pro-
vided by the contracting officer setting forth provisions of this non-discrimination clause.
(2) The contractor within all solicitations or advertisements for employees placed be or on behalf of the contractor.state that allqualified applicants will receive
consideration for employment without regard to race, creed. color, national origin, se', marital status, religion, ancestry, mental or physical handicap. or
ace.
(3) The contractor will send to each labor union or representative of workers with which he has collective bargaining agreement or other contract or understand-
ing, notice to be provided by the contracting officer.advising the labor union or workers' representative of the contractor's commitment under the Executive
Order. Equal Opponunitx' and Affirmative Action.dated April 16. 1925. and of the rules, regulations, and relevant Orders of the Governor.
(a) The contractor and labor unions will furnish all information and reports required be Executive Order,Equal Opponunity aid Alfirmatice Action of April 16.
1915.and by the rules.regulations and Orden of the Governor,or pursuant thereto.and will permit access to his books.records.and accounts by the contracting
agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules. regulations and orders.
(5) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organiz anon.or expel any such indiv ideal
from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity.because of race,crted,color,
sex, national origin, or ancestry.
(6) A labor organization.or the employees or members thereof will not aid,abet-incite,compel or coerce the doing of an)'act defined in this contract to be dis-
criminatory or obstruct or present any person from complying with the provisions of this contract or any order issued thereunder;or attempt either directly or
indirectly, to commit any act defined in this contract to be discriminatory.
395-53-01-1022
Revised 1/88 page 3 or 4 pages D..io-noe..zs
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Form 6 AC Otc
(1) InthcC`Cn1Orlhcr,onuaciois non compliance r oh the non discrimination clauses of this contractor or Yoth an. of such'Incr. regularons or orders.[his
contract may be cancelled.aro:untied or suspended in LLholr or in pan and the contractor mac be declared ineligible rot further Stale contracts in accordance
Soh procedures.au'horired in Executive Oldrr Equal OnpanunIIy and A(llrmailve Actionor April 16, 1975 and the rvlcs regulations.or orders promulgated
in accordance thereouh and such other sanctions as may be iiiiiyosed and remedies as ma) be trooked as provided in Executive Order-Equal Opponunits and
Affirmative Action of April 16. 19)5, or b3' rules, regulations, or orders promulgated in accordance therewith, or as other-vise provided by lay
(8) The contractor...ill include the provisions of parapaph(11through(8)in ev cry sub-contract and subcontractor purchase order unless a tempted by rules.
rcgulauons,or orders issued pursuant to Executive Order. Equal Opportunity and Affirmative Acuon of April 16. I9 IS.so that such provisions will be binding
upon each subcontractor or vendor. The contractor will talc such action wlrh respect to any sub-contracting or purchase order as the contracting agency may
direct,as a means of enforcing such provisions,including sancuons for non-compliance,provided,however.that in the event the contractor becomes mvoly ed
in,or is threatened with,litigation with the subcontractor or vendor as a result of such direction by the contracting agency.the contractor may request the Stair
of Colorado to enter into such hugauon to protect the interest of the State of Colorado.
COLORADO LABOR PREFERENCE -- -
6a. Provisions of 8.17-101 & 102,CRS for preference&Colorado labor arc applicable to this contract if public works within the State arc undenalen hereun-
der and arc financed in whole or in part by State funds
b. When construction contract for a public project is to be awarded to a bidder, a resident bidder shall be allowed a preference against a non-resident bidder
from a state or foreign country equal to the preference given or required by the state or foreign country in which the non-resident bidder is a resident. If it is deter-
mined by the officer responsible for awarding the bid that compliance with this subsection 06 may cause denial of federal funds which would other,ise be avail-
able or wiould otherwise be inconsistent with requirements of federal law,this subsection shall be suspended,but only to the extent necessary to prevent denial of
the moneys or to eliminate the inconsistency with federal requirements (section 8.19.101 and 102. CRS).
GENERAL
7. The laws of the State of Colorado and rules and regulations issued pursuant therm shall be applied in the interpretation,execution and enforcement of this
contract. Any provision of this contract whether or not incorporated heroin by reference which provides for arbitration by any extra-judicial body or person or
which is Otherwise in conflict with said law's rules and regulauons shall be considered null and void. Nothing contained in any provision incorporated herein Sy
reference which purports to negate this or any other special pNvision in whole or in pan shall be valid or enforceable or available in any action at law whether by
w'ay&Complaint.defense or otherwise.Any provision rendered null and void by the operation of this provision will not in,alidate the remainder of this contrac to
the extent that the contract is capable of execution.
8. At all times during the performance of this Contract,the Contractor shall seictly adhere ro all applicable federal and state laws,rules and regulations that
have been or may hereafter be established
9- The signatories hereto aver that they arc familiar with 18-8:301.ct.seq.,(Bribery and Corrupt Influences)and IS-S-4O1.et. seq.,(Abuse of Public Office),
CRS 1978 Replacement Vol., and that no violation of such provisions is present.
10. The sienatories aver that to their knowledge, no state employee has a personal or beneficial interest whatsoever in the senice or property
described herein:
IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day first above written_
Contractor:
(Full Legal Name) Gene R. Brantner STATE OF COLORADO
`�f/ /BB Commi io rs ROY VERNO
Li_t„
K K By V/ ttr`ti,
9 EXECUTIVE DIRFCTOO.
Position (Tide) Chairman
84-6000813
Soc.!Sccvnty Nurbe. or Fea<r.l I.D.Nurnbcr DEPARTMENT
OF Corrections
(If Corporation' ) q ( r r ' �'
P I
Aacst (Seal) ! n -
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104.
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eoyo 5e..ux or Ea ,dint_T n/C -Counts ben RIFII^a(an CCCl250f 1';e, al`i
d tt. s 71
iheof citned b1 contracts.
APPROVALS have be e°
%aw t aPProve
tett
ATTORNEY GENERAL CONTROLLER ..
By By
APPROVED AS TO F
County Attorney
DC I0 I'J`.SR
1053101.10)0 tR:.nevi 1:8]I '$e< mum.tmm on ur< r,ae
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. + Colorado Department of Corrections
`� Office of Legal AffairsDC
k` * P.O. Box 1010
*x Y; Canon City, Colorado 81215-1010
lax•
Telephone: (719) 269-4156
Frank O. Gunter
Roy Romer Executive Director
Governor
E4111 1.
August 15, 1990
AUG .2D113:1;
Jan Allison WELD COUNTY
County Attorney's Office e ATTORNEY'S OFFICE
Weld County
Greeley, CO 80632
naar Jan:
Enclosed are eight copies of the Amendment Contract which will
authorize us to increase the number of inmates to be houcd in the Weld
County Jail f1_um fifteen to twenty-four. Please have original
signatures and the county seal placed on page four of each of the
contract formsand send them back to me. I will route them through the
State channels.
If you have any questions regarding this contract, please feel free to
contact me.
7214-44—
R. Mark McGoff
Special Assistant to the Executive DiLeLLor
RMM:dw
Enclosure
C 1�,e'yin
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