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Home My WebLink About982474.tiff RESOLUTION RE: APPROVE AMENDMENT#1 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#1 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#1 to 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., 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 21st day of December, A.D., 1998. BOARD OF COUNTY COMMISSIONERS W COUNTY, COLO D ATTEST: p t's, EX`i;USED DATE OF SIGNING (AYE) s / .•r,` . Constance L. Harbyrt, Chair Weld County Clerk tat' •arWolf* t` W / ,q b2n 14 1,Vtki t(� ,t'.�r 4 , W. H. ebster, ro-Tem A ., Deputy Clerk to tY -'" . f ! EXCUSED .✓ eorge E. Baxter APP D AS ORM: a e K. Hall my Atto ney EXCUSED DATE OF SIGNING (AYE) Barbara J. Kirkmeyer 982474 0.-C: S© S00016 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, 1999 ("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-951108-0082NJELDAM1/DOC trvl! 7'I J� / // 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 Comrpnications, Inc. Signature Signat Qotsr-FA ),1cE L . i-IAQ(3r.RT Ace S. kaaa/itt670N Name Printed/Typed Name Printgd/Typed Ai CfII�IR Roce_ AccrJvMi l Atim&2 Title Title t?/21/9a _ 1 c /0 / 77b Date Date DECEMBER 7, 1998/JBM/AMEND PAGE 2 SEA-951108-0082/WELDAM 1/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. t t OR in � ?A� b. In lieu of monthly commission payments and upo execution of this Amendment, USWC will pay Space Provider a lum 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-951108-0082NVE LDAM 1/DOC AT&T COMMISSION AGREEMENT RENEWAL AMENDMENT The AT&T Commission Agreement entered into as of January 16, 1995 ("Agreement"), between AT&T Corp. ("AT&T")and Weld County Government('Agent") is amended, effective upon signing by both parties, as follows: 1. The term of the Agreement is extended for a period of one (1) year(s) from the 16th day of the month after the date that AT&T signs this Amendment. The Agreement shall be automatically renewed for additional one-year terms unless either party gives thirty(30)days written notice of its intention not to renew. 2. Any rate change will be effective beginning on the 16th day of the first calendar month of the renewal period. 3. The phrase "AT&T Non-Sent Paid Calls" as it appears throughout the Agreement shall be amended to read as "AT&T Undesignated Non-Sent Paid Calls". 4. The phrase "AT&T Revenues" or "AT&T Non-Sent Paid Revenues" as it appears throughout the Agreement shall be amended to read "Revenue from AT&T Undesignated Non-Sent Paid Calls". 5. In the event of an inconsistency between the terms of the Agreement and this Amendment, the terms of this Amendment shall prevail. REVISED ATTACHMENT A: YES X NO REVISED ATTACHMENT B: YES X NO Age Weld County Government AT& RP. �r --�/ — A Authorized Signature Authorized Signature VICTOR YOUNG c_o l_R.MU. L , 14 A R1 -RT REGI()NAI SAI FS h"""""'^ Typed or Printed Name&Title Typed or Printed Name&Title _12/21/98 . " /2 -/O- 78 Date Date 84-6000-813 FOR AT&T USE ONLY Federal� Tax ID `1 I `]0 - �5L -- L 00 b Contract#: 256029 Contact Telephone Number Agent ID: 255198 Location# iel AThT RENAMD 12/97 95W 7y Hello