HomeMy WebLinkAbout990555.tiff RESOLUTION
RE: APPROVE RESCINDING RESOLUTION #990304, DATED FEBRUARY 17, 1999, FOR
AMENDMENT ONE TO INMATE TELEPHONE SERVICE AGREEMENT
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 #990304, dated February 17, 1999, the Board approved
Amendment One to the Inmate Telephone Service Agreement, on behalf of the Weld County
Sheriff's Office, and U S West Communications, Inc., and
WHEREAS, said amendment was previously approved by Resolution #982474, dated
December 21, 1998,
WHEREAS, after review, the Board deems it advisable to rescind Resolution #990304,
dated February 17, 1999, 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 Resolution #990304, dated February 17, 1999, for the Amendment
One to the Inmate Telephone Service Agreement between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Weld County Sheriff's Office, and U S West Communications, Inc., be, and hereby is,
rescinded.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 22nd day of March, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
D COUNTY, CCOLORADO
ATTEST: 44,8 /1M!!!! % allCCt /
Weld County Clerk to the lo. R r v . '
ei �� I ‘ A!� ve Ste_,�- - `//.,G L c ifxi:/;, —
c ; -- ',/Barbara Kirkmeyer, P1to-Tem (/
BY: ._.zest- nt% :..:. ,� •�.
Deputy Clerk to the ; ?j� �t 7 --,x-lc-1
11�� eorge E after
A VE TO FORM: _ _ n
M. Geile
unty Attornty '— Are ��,
Glenn Vaad
990555
S00019
RESOLUTION
RE: APPROVE AMENDMENT ONE TO INMATE TELEPHONE SERVICE AGREEMENT
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 Amendment One to the Inmate
Telephone Service Agreement between the County of Weld, State of Colorado, by and through
the Board of County Commissioners of Weld County, on behalf of the Weld County Sheriffs
Office, and U S West Communications, Inc., with 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 Amendment One to the Inmate Telephone Service Agreement
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Weld County Sheriff's Office, and U S West
Communications, Inc., 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 17th day of February, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
W COUNTY, COLORADO
0
! t / - //,��-
NIv -'R�-a Dale K. Hall, Chair
Weld County Clerk t• r e ,rrr ,�.cC \ ,Th �r
1881 1 � L ( 1ecI� L �. ' / L l XifL< Com.
't _
1 , n ` Y ` WIF Rarbar J. Kirkmeyer Pro-Temr/r
BY: fl, a e1. . r r' V
Deputy Clerk to the n S ', A\ `°4,, z
I`,.:- / Geor Baxter
P ED TO FORM: ,c,_,
M. . Geile
unty Attorney r ', f 'r'
Glenn Vaad --
99c`. , ' ,„y net
009
rn, S00019
AMENDMENT ONE
TO
AGREEMENT
BETWEEN
U S WEST COMMUNICATIONS, INC.
AND
WELD COUNTY JAIL
THIS AMENDMENT modifies the Inmate Telephone Service Agreement Number
SEA-951108-0082 between U S WEST Communications, Inc., and Weld County Jail
with an effective date of January 1, 1996 by amending the following provisions:
1. SECTION 1. TERM. CHANGE to read:
Inmate telephone service shall commence the 1st day of January, 1996 and shall
continue in effect for a period of three (3) years ("Initial Term"). Upon completion of
the Initial Term, this Agreement shall continue in effect until December 31, 2001
("Renewal Period"). In the event this Agreement is neither extended or renewed
upon completion of the Renewal Period, and service continues to be provided to
Space Provider, this Agreement shall continue on a month-to-month basis under the
same terms and conditions unless terminated by either party upon thirty (30) days
written notice.
2. SECTION 16. LAWFULNESS OF AGREEMENT. CHANGE to read:
This Agreement and the parties' actions under this Agreement shall comply with
all applicable federal, state, and local laws, rules, regulations, court orders, and
governmental agency orders. Any change in rates, charges or regulations
mandated by the legally constituted authorities will act as a modification of any
agreement to that extent without further notice.
3. SECTION 22. SEVERABILITY. CHANGE to read:
In the event that a court, governmental agency, or regulatory body with proper
jurisdiction determines that this Agreement or a provision of this Agreement is
unlawful, this Agreement, or that provision of the Agreement to the extent it is
unlawful, shall terminate. If a provision of this Agreement is terminated but the
parties can legally, commercially and practicably continue without the terminated
provision, the remainder of this Agreement shall continue in effect.
4. SECTION 23. DISPUTE RESOLUTION. CHANGE 'The Federal Arbitration Act,
9 U.S.C., § 1-15, not state law" to read 'The Federal Arbitration Act, 9 U.S.C.,
§ 1-16, not state law"
DECEMBER 7, 1998/JBM/AMEND PAGE 1
SEA-951108-0082NVELDAMI/DOC
5. REPLACE SCHEDULE B, COMMISSION SCHEDULE, dated 12/20/95 with
SCHEDULE B, COMMISSION SCHEDULE, dated 12/7/98.
All other terms and conditions of this Agreement shall remain in full force and effect. The
effective date of this Amendment One shall be the date of the last signature shown below.
Weld County Jail U S WEST Communications, Inc.
Signature Signature
Dale K. Hall
Name Printed/Typed Name Printed/Typed
Chair, Weld County Board of Commissioners
Title Title
02/17/99
Date Date
DECEMBER 7,1998/JBM/AMEND PAGE 2
SEA-951108-0082NVELDAM1/DOC
SCHEDULE B
COMMISSION SCHEDULE
FOR
WELD COUNTY JAIL
1. CONTRACT PERIOD:
a. USWC agrees to pay Space Provider Forty Percent (40%) of "gross
billable" revenues generated by inmate telephones based upon USWC's
revenue for USWC billed local and intraLATA calls.
OR
b. In lieu of monthly commission payments and upon execution of this
Amendment, USWC will pay Space Provider a lump sum amount based
upon 80% of last year's commission payments. At the end of each
Contract Period, USWC will perform a true-up to bring the total annual
commission payment equal to the percentage of Forty Percent (40%) of
"gross billable" revenues generated by inmate telephones based upon
USWC's revenue for USWC billed local and intraLATA calls.
2. Commission checks are to be mailed to the following address:
WELD COUNTY JAIL
DECEMBER 7,1998/JBM/AMEND PAGE 3
SEA-951108-0082/wELDAM1/DOC
Hello