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Home My WebLink About20151598.tiff RESOLUTION RE: APPROVE RETROACTIVE AMENDMENT TO CLARIFY SCOPE OF SERVICES IN AGREEMENT EXECUTED SEPTEMBER 2013 AND AUTHORIZE CHAIR TO SIGN - BASE TACTICAL DISASTER RECOVERY. 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 a Retroactive Amendment to Clarify Scope Services in Agreement executed September 2013 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Office of Emergency Management, and Base Tactical Disaster Recovery, commencing September 23, 2013, and ending December 22, 2013, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, 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 Retroactive Amendment to Clarify Scope of Services in Agreement executed September 2013 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Office of Emergency Management, and Base Tactical Disaster Recovery, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. CC` £ 1/M 2015-1598 BC0045 EM0016 RETROACTIVE AMENDMENT TO CLARIFY SCOPE OF SERVICES IN AGREEMENT EXECUTED SEPTEMBER 2013 - BASE TACTICAL DISASTER RECOVERY PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 1st day of June, A.D., 2015, nunc pro tunc September 23, 2013. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: eS EXCUSED `��'� Barbara Kirkmeyer, Chair Weld County Clerk to the Board Mike Freeman, Pro-Tern �e;uty Clerk to the :oard / - an P. Conway 6;' I , n APPROVE AS TO FORM: I last t?� -_ v r /Iia.cf c( od 4 p*� e A. Cozad Y County Attorney ( i 1 Q / `••o'ti-2 Wig Steve Moreno Date of signature: 2015-1598 BC0045 EM0016 af;, r7[lLL.Ott.M. �. ra �� ROBERT J. FRICK X1861! WELD COUNTY ATTORNEY triss T DEPARTMENT OF LAW Assistant County Attorneys Bob Choate * Mari Deminski * Linda Goff * Tomi Hanson GO IL) N 'I y Frank Haug * Amanda Larson * Thomas Joaquin * Brad Yatabe May 20, 2015 Re: Base Tactical Retroactive Amendment The retroactive amendment has been drafted solely for purposes of obtaining reimbursement for the costs of consulting services provided to Weld County by Base Tactical Disaster Recovery in relation to the September 2013 flood. A written agreement for an initial period of consulting services was approved by the Board of Commissioners on September 23, 2013 . The retroactive amendment adds consulting services related to FHWA funds to the scope of services provided by Base Tactical. The retroactive amendment does not change any other aspect of the September 23, 2013, agreement. This issue was discussed at a Board work session on May 11, 2015. Brad Yatabe Assistant Weld County Attorney 2015-1598 "Providing quality legal services to Weld County Government in ec Do 46 a responsive, innovative, and cost-effective manner. " //�%�� cir General Services Division Human Services an Yoh O 6 1 1150 "O" Street — P. O. Box 758 315 N . 11th Avenue — P. O. Box A Greeley, CO 80632-0758 Greeley, CO 80632 Phone: (970) 356-4000 * Facsimile (970) 352 -0242 RETROACTIVE AMENDMENT BETWEEN BASE TACTICAL DISASTER RECOVERY, AND THE BOARD OF COUNTY COMMISSIONERS FOR WELD COUNTY, COLORADO, TO CLARIFY SCOPE OF SERVICES IN AGREEMENT EXECUTED SEPTEMBER 23, 2013 This Retroactive Amendment is entered into this X441' day of kal , 2015, by and between Base Tactical Disaster Recovery("Base Tactical"), whose address is 121 W. Long Lake Road, Third Floor, Bloomfield Hills, Michigan 48304, and the Weld County Board of Commissioners ("County"),whose address is P.O. Box 758, Greeley, CO 80632, solely for the ij purpose of providing validation to FEMA, FHWA, the State of Colorado, or any other relevant government entity or agency,that the scope of work for which Base Tactical was contracted on September 23, 2013, included assisting County with all necessary aspects of obtaining funds from the Federal Highway Administration related to the September 2013 flood event. RECITALS WHEREAS, high levels of rainfall in September 2013 resulted in widespread flooding within Weld County and other areas of Northern Colorado, and WHEREAS,such flooding was extreme in nature and caused extensive damage to public highways, bridges, and other property and posed a grave danger to the residents of Weld County, and WHEREAS, on September 23, 2013, the County approved by resolution an agreement with Base Tactical ("Agreement") for the provision of initial emergency response and recovery services to assist County in dealing with the flood event,and WHEREAS, Exhibit A to the Agreement defined the services Base Tactical agreed to perform, and WHEREAS, in order for County to qualify for reimbursement of the amount paid to Base Tactical, a request has been made to clarify that the Agreement required Base Tactical to assist with all necessary aspects of obtaining funds from the Federal Highway Administration related to the September 2013 flood event. NOW THEREFORE, the parties understand and agree as follows: 1. The above Recitals are incorporated herein as if set forth in their entirety. Y 2. The parties agree that the following language shall be added to the existing language in Agreement Exhibit A under the existing heading "Approach and Scope of Work": ASSISTANCE OBTAINING FHWA FUNDS BASE Tactical shall assist Weld County in all necessary aspects of obtaining funds from the Federal Highway Administration. 3 . The parties further agree that the original intention of the Agreement was to have Base Tactical provide assistance to Weld County in all necessary aspects of obtaining funds from the Federal Highway Administration in relation to the flood event and, that in fact, Base Tactical has provided, and continues to provide, such services. Specific language regarding such assistance was not included in the Agreement due to the emergency nature of the ongoing flood event and the understanding of the parties that such assistance was contemplated under the terms of the Agreement. 4. County and Base Tactical mutually acknowledge that this Retroactive Amendment does not create any new obligation to provide services or pay for such services not explicitly part of the Agreement, and its sole purpose is to clarify the terms of the Agreement with regards to Base Tactical providing assistance to Weld County in all necessary aspects of obtaining funds from the Federal Highway Administration in relation to the flood event. 5. All terms and conditions of the Agreement shall remain in full 11 force and effect pursuant to the terms of the Agreement except as expressly amended herein. IN WITNESS WHEREOF, the parties hereto have executed this Retroactive Agreement on the day and year first above written. C G.. By: .Ss%t G . Ltv r Title: X,ac 4 '4. On Behalf of Base Tactical Disaster Recovery ATTEST: daddev �', ��C��O; I BOARD OF COUNTY COMMISSIONERS Weld Co •ty C erk to the Bo . d WELD COUNTY, COLORADO ' / BY: a t_tioc tin; t .... Deputy C $ k to ti/M- . ��,' ke Freeman, Pro-Tern +� �- ', JUN 01 2015 wiltk t 1 ,� 'dii�i►� "II. A015 -- 1599 APPROVED AS TO FUNDING : APPROVED AS TO SUBSTANCE : "eaal6 Controller4 rkeat. eava6, Elected Official or Department Head APPR• Oi'i AS TO • ,,ZY, 4d->j, J Director of General Services r ".w► County ;aCey Hello