HomeMy WebLinkAbout20133519.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR RECEIPT OF COURT SECURITY GRANT FUNDS
AND AUTHORIZE CHAIR TO SIGN ELECTRONICALLY - COLORADO JUDICIAL
DEPARTMENT, OFFICE OF THE STATE COURT ADMINISTRATOR COURT
SECURITY CASH FUND
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 an Agreement for Receipt of Court
Security Grant Funds between the County of Weld, State of Colorado, by and through the Board
of County Commissioners of Weld County, and the Colorado Judicial Department, Office of the
State Court Administrator Court Security Cash Fund, commencing January 1, 2014, and ending
December 31, 2014, 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 Agreement for Receipt of Court Security Grant Funds between
the County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, and the Colorado Judicial Department, Office of the State Court Administrator
Court Security Cash Fund, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign/submit said agreement electronically.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 23rd day of December, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTES A
Weld County Clerk to the Boa
BY
De
APPRO
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rk o the Board
AS TO •RM:
ty Attorney
Date of signature: JAN 1 3 2014
EXCUSED
Iliam F. Garcia, Chair
t cciv✓n
gl Radem- her, Pro-Tem
arbara Kirkmeyer
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2013-3519
CT0012
AGREEMENT FOR RECEIPT OF COURT SECURITY GRANT FUNDS
This Agreement is made by and between the COUNTY OF WELD (hereinafter "COUNTY"), a body
corporate and politic, whose principal offices are located at 915 10th Street P.O. Box 758 , Greeley,
CO 80632-0758 and the COLORADO JUDICIAL DEPARTMENT (hereinafter "JUDICIAL") a branch
of state government. The COUNTY and JUDICIAL may each be referred to herein as a "Party", or
collectively as the "Parties."
WHEREAS, in 2007 the Colorado General Assembly enacted SB 07-118, subsequently codified at
§13-1-201 et seq., C.R.S., and thereby created the Court Security Cash Fund (hereinafter the "Fund")
in the state treasury (see §13-1-204, C.R.S.) to be funded by annual appropriations by the General
Assembly; AND
WHEREAS, SB 07-118 also created the Court Security Cash Fund Commission (hereinafter the
"Commission") to assist the State Court Administrator in distributing the funds to counties (see §13-1-
203, C.R.S.) through a program of court security grants (hereinafter the "Court Security Grant
Program" or "Program"); AND
WHEREAS, SB 07-118 also provided for a local security team in each county composed of, at
minimum, the Chief Judge, the County Sheriff, and a County Commissioner or Manager, or their
designees, to oversee issues of court security for the county (see §13-1-202, C.R.S.); AND
WHEREAS, the General Assembly has appropriated Fund moneys for the Court Security Grant
Program for State Fiscal Year 2013 (July 1, 2012 - June 30, 2013), and JUDICIAL reasonably
anticipates similar funding for State Fiscal Year 2014 (July 1, 2013 - June 30, 2014), which will allow
the Program to cover the full calendar year 2013, which is the COUNTY's fiscal year; AND
WHEREAS, the local security team for the above -named COUNTY has submitted an application for
court security grant funds to supplement the COUNTY'S efforts already in place to improve the
security of one or more facilities in which state courts and/or probation offices are located; AND
WHEREAS, a grant of funds to the COUNTY (hereinafter "Grant") has been approved by the
Commission and the State Court Administrator.
NOW THEREFORE, in consideration of the premises and mutual promises and covenants herein
contained, the sufficiency of which is hereby acknowledged, COUNTY and JUDICIAL agree as
follows:
1. PURPOSE OF AGREEMENT. The purpose of this Agreement is 1) to acknowledge that a Grant of
up to $5,013.00 has been awarded to the COUNTY from the Court Security Cash Fund, which will be
available to the COUNTY for expenditure during the 2014 calendar year; 2) to define the obligations
of the COUNTY under the Court Security Grant Program; and 3) to establish the payment plan under
which the COUNTY will receive the said funds.
2. THE AGREEMENT. The entire agreement between the Parties is contained in this writing,
including all documents incorporated herein by reference.
3. TERM OF THE AGREEMENT. This Agreement shall be effective from January 1, 2014 through
December 31, 2014.
4. SCOPE OF WORK. The COUNTY shall use the grant funds to accomplish the goals and activities
outlined in the Grant Application form (including any modifications that may have been made by the
Commission in the approval process), which is available at
http://www.coloradocourthousesecurity.com in the Application Management Section, and is
incorporated herein by this reference.
5. GENERAL CONDITIONS. The COUNTY shall use grant funds only for purposes of court security
improvement as set forth in this Agreement. Failure to follow the intent of the Court Security Grant
2013-3519
Program may result in revocation of the award, termination of this Agreement, and return of funds.
6. PAYMENT METHOD. Reimbursement of the costs of salaries and benefits, equipment, training,
and other reimbursable expenses will be made quarterly by JUDICIAL upon receipt of a
reimbursement request on the form provided by JUDICIAL at
http://www.coloradocourthousesecurity.com, in the Quarterly Reports Section. Each reimbursement
request shall be submitted by the COUNTY within 10 business days following the end of March, June,
September and December. If disbursement of grant funds on a reimbursement basis causes undue
hardship for the COUNTY, disbursement may be made in accordance with an alternative schedule
prepared and agreed to in writing by COUNTY and JUDICIAL.
7. REPORTING REQUIREMENTS. The COUNTY shall submit quarterly activity reports on the
Quarterly Progress Report Form provided by JUDICIAL at
http://www.coloradocourthousesecurity.com, in the Quarterly Reports Section. Such reports must be
received by JUDICIAL on or before the 10th business day after the last day of each calendar quarter.
8. RECORDS MAINTENANCE. The COUNTY shall maintain a complete file of all records,
documents, communications, and other materials that pertain to the Program under this Agreement.
Such files shall be sufficient to reflect correctly all direct and indirect costs of whatever nature for
which a Grant payment was made. These records shall be maintained according to generally
accepted accounting principles and must be easily separable from other COUNTY records, and shall
be retained for at least three (3) years following expiration or termination of this Agreement.
9. AUDIT. The COUNTY authorizes JUDICIAL, or its designee, to perform audits and/or inspections
of its records pertinent to this Agreement at any reasonable time during the term of this Agreement
and for a period of three (3) years thereafter to assure compliance with this Agreement.
10. ADMINISTRATIVE REPRESENTATIVES. The Parties shall designate administrative
representatives for this Agreement, and each Party shall notify the other Party promptly of any
change in such designation. At the commencement of this Agreement, the designated
representatives shall be:
FOR THE COUNTY
Karen Salaz
Court Security Team Contact
915 10th Street P.O. Box 758
Greeley, CO 80632-0758
FOR JUDICIAL
Steve Steadman
Court Security Specialist
Office of the State Court Administrator
1300 N. Broadway
Denver, CO 80203
11. STATUS OF COUNTY WORKERS. The Parties understand and agree that the COUNTY'S
employees and agents are not employees or agents of JUDICIAL. COUNTY shall have no
authorization, express or implied, to bind the Colorado Judicial Department to any agreements,
liability or understandings except as expressly set forth herein.
12. INCOME TAXES. COUNTY understands and agrees that COUNTY is responsible to
withhold and pay, according to law, any federal, state and local income taxes owed by its
employees.
13. UNEMPLOYMENT COMPENSATION. COUNTY understands and agrees that its employees
and/or agents shall not be entitled to unemployment insurance benefits for work performed
under this Agreement, unless unemployment compensation coverage is provided by COUNTY
or by some entity other than JUDICIAL.
14. WORKERS' COMPENSATION. COUNTY understands and agrees that no workers'
compensation insurance shall be obtained by JUDICIAL concerning COUNTY or the
employees or agents of COUNTY. COUNTY shall comply with workers' compensation law
concerning COUNTY and the employees and agents of COUNTY.
15. FRINGE BENEFITS. Because COUNTY is engaged in COUNTY'S own independent
business, COUNTY'S employees are not eligible for, and shall not participate in, any employer
pension, health, or other fringe benefit plan of JUDICIAL.
16. TERMINATION
a. Cause/Default. JUDICIAL may terminate this Agreement, and the Grant Award, upon default
by COUNTY, effective immediately upon receipt of notice of termination, or at any time
thereafter in the discretion of JUDICIAL. "Default" is defined as the failure to fulfill in a timely
and satisfactory manner any of the duties or obligations required under this Agreement.
JUDICIAL may in its discretion permit the COUNTY a period of time to cure the default.
b. For Loss of Funds. In the event that funding for any activity established by this Agreement is
discontinued or decreased by the State of Colorado, JUDICIAL may terminate the Agreement or
reduce its scope without penalty effective immediately upon receipt by the COUNTY of notice of
such termination or reduction. In the event of such termination or reduction, the COUNTY will
be compensated for the value of services actually performed and goods received, if any, prior to
the effective date of the termination or reduction.
17. INSURANCE. The Parties understand and agree that both are "public entities" within the
meaning of the Colorado Governmental Immunity Act, Section 24-10-101 et seq., as amended,
C.R.S. (the "Act") and that to the extent required or permitted by the Act both Parties will at all times
during the term of this Agreement maintain such liability insurance, by commercial policy or self-
insurance, as is necessary to meet its liabilities under the Act.
18. CONFIDENTIALITY. In the event that COUNTY or the employees and/or agents of COUNTY
obtain access to any records or files of JUDICIAL in connection with this Agreement, or in connection
with the performance of its obligations under this Agreement, the COUNTY and its employees and/or
agents shall keep such records and information confidential and shall comply with all laws and
regulations concerning the confidentiality of such records to the same extent as such laws and
regulations apply to the COUNTY.
19. COMPLIANCE WITH LAW. The Parties to this Agreement shall comply with the letter and spirit
of all applicable federal, state and local laws and regulations related to performance under this
Agreement, including but not limited to the Colorado Anti -Discrimination Act of 1957, as amended,
(Section 24-34-401 et seq., C.R.S.) and other applicable law respecting discrimination and unfair
employment practices.
20. SEVERABILITY. If any provisions of this Agreement are held to be invalid, illegal, or
unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way
be affected or impaired thereby to the extent permitted by law.
21. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement and a complete
integration of all understandings between the COUNTY and JUDICIAL, and no modifications or
amendments to this Agreement shall be valid unless in a signed writing.
22. NON -WAIVER. The failure of either Party to exercise any of its rights under this Agreement shall
not be deemed to be a waiver of any other or subsequent rights.
23. CHOICE OF LAW; VENUE. Any dispute under or related to this Agreement shall be decided in
accordance with the laws of the State of Colorado, and venue shall be in the State Courts of
Colorado.
IN WITNESS WHEREOF, the Parties hereto execute this AGREEMENT FOR COURT SECURITY
GRANT FUNDS on the dates set forth below.
COUNTY OF WELD
L2C \ O 1C OE'MI-Ink L
B Q1Nt[ £/By:
Printed: ougla Rademacher Printed: Gerald A Marroney
Title: Chaii,.p— e ,,13 Title: State Court Administrator
Date: Date:
COLORADO JUDICIAL DEPARTMENT
ATTEST
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C1ert#to the Board
By:/(2/4//iii- Ail,
Printed: DonnaBechler
Title: Deputy Clerk to the Boa
APPROVED AS TO FORM
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Pr' ed:'3cv _ t ,::-49f k' c -
Title: )r\UGz—A Vc±r3
&2t/. - S5,
Esther Gesick
From:
Sent:
To:
Subject:
salaz, karen [karen.salaz@judicial.state.co.us]
Thursday, December 19,20133:44 PM
Esther Gesick
RE: Court Security Cash Fund Annual Grant Award
Hi Esther,
I'm sorry, I just saw this email. It sure looks like it from my end!
Thanks so much...
Karen Salaz
District Administrator I 19th Judicial District 1970 475-2500 1970 539 8307 (c)
Original Message
From: Esther Gesick [mailto:egesick@co.weld.co.us]
Sent: Thursday, December 19, 2013 3:04 PM
To: salaz, karen
Subject: RE: Court Security Cash Fund Annual Grant Award
Karen,
I was mistaken...Bill came in this afternoon and will be leaving shortly. Can you go in and
make sure we uploaded the Acceptance correctly before he leaves? Thanks!
Esther E. Gesick
Deputy Clerk to the Board/Office Manager
1150 0 StreetIP.O. Box 758IGreeley, CO 80632
tel: (970) 336-7215 X4226
Confidentiality Notice: This electronic transmission and any attached documents or other
writings are intended only for the person or entity to which it is addressed and may contain
information that is privileged, confidential or otherwise protected from disclosure. If you
have received this communication in error, please immediately notify sender by return e-mail
and destroy the communication. Any disclosure, copying, distribution or the taking of any
action concerning the contents of this communication or any attachments by anyone other than
the named recipient is strictly prohibited.
Original Message
From: salaz, karen [mailto:karen.salaz@judicial.state.co.us]
Sent: Thursday, December 19, 2013 12:04 PM
To: Esther Gesick
Subject: RE: Court Security Cash Fund Annual Grant Award
Hi Ester,
The $5,000 and some change grant amount has to be 'accepted' by a commissioner. Sean does not
happen to have the authority to do it does he?
Thanks,
Karen Salaz
1
District Administrator I 19th Judicial District 1970 475-2500 1970 539 8307 (c)
Original Message
From: Esther Gesick [mailto:egesick@co.weld.co.us]
Sent: Thursday, December 19, 2013 10:05 AM
To: salaz, karen
Subject: RE: Court Security Cash Fund Annual Grant Award
Karen,
I'm not sure what Bill was needing this for, but he is now out on vacation. I did forward
your message to him asking if this was what he needed, but did not received a response back.
I guess we'll wait and see...
Thanks and Merry Christmas!
Esther E. Gesick
Deputy Clerk to the Board/Office Manager
1150 0 StreetIP.O. Box 758IGreeley, CO 80632
tel: (970) 336-7215 X4226
Confidentiality Notice: This electronic transmission and any attached documents or other
writings are intended only for the person or entity to which it is addressed and may contain
information that is privileged, confidential or otherwise protected from disclosure. If you
have received this communication in error, please immediately notify sender by return e-mail
and destroy the communication. Any disclosure, copying, distribution or the taking of any
action concerning the contents of this communication or any attachments by anyone other than
the named recipient is strictly prohibited.
Original Message
From: salaz, karen [mailto:karen.salaz@judicial.state.co.us]
Sent: Sunday, December 15, 2013 8:18 PM
To: Esther Gesick
Cc: William Garcia; Monica Mika
Subject: RE: Court Security Cash Fund Annual Grant Award
Esther - is this what you are looking for?
From: steadman, steven [mailto:steven.steadman@judicial.state.co.us]
Sent: Tuesday, October 22, 2013 5:39 PM
To: salaz, karen
Cc: Esther Gesick; William Garcia
Subject: Re: LST Grant online grant approval
Hello Everyone,
Commissioner Conway is the named commissioner at this time. His username is sean.conway It is
not a problem to change over to Commissioner Garcia if that is desired. Sheriff Cooke's
username is john.cooke. The website is HYPERLINK
"http://www.coloradocourthousesecurity.com"www.coloradocourthousesecurity.com click the
"forgot password" if it can not be recalled.
Karen Salaz
2
District Administrator I 19th Judicial District 1970 475-2500 1970 539 8307 (c)
Original Message
From: Esther Gesick [mailto:egesick@co.weld.co.us]
Sent: Wednesday, December 11, 2013 3:54 PM
To: salaz, karen
Cc: William Garcia; Monica Mika
Subject: RE: Court Security Cash Fund Annual Grant Award
Karen,
Please see Commissioner Garcia's message below. Can you assist?
Esther E. Gesick
Deputy Clerk to the Board/Office Manager
1150 0 StreetIP.O. Box 758IGreeley, CO 80632
tel: (970) 336-7215 X4226
Confidentiality Notice: This electronic transmission and any attached documents or other
writings are intended only for the person or entity to which it is addressed and may contain
information that is privileged, confidential or otherwise protected from disclosure. If you
have received this communication in error, please immediately notify sender by return e-mail
and destroy the communication. Any disclosure, copying, distribution or the taking of any
action concerning the contents of this communication or any attachments by anyone other than
the named recipient is strictly prohibited.
Original Message
From: William Garcia
Sent: Tuesday, December 10, 2013 3:31 PM
To: Monica Mika; Esther Gesick
Subject: FW: Court Security Cash Fund Annual Grant Award
Hello Esther and Monica,
Do you remember the difficulty in getting on the state court administrator's website to send
the grant? I have to go in and use the same id and password that I used to submit. Problem
is that I only have 30 days of emails and the instructions to do it have fallen off. Do
either of you know how I can access this?
Thanks,
Bill Garcia
Weld County Commissioner at -Large
1150 0 St.
Greeley, CO 80631
970-336-7204
Confidentiality Notice: This electronic transmission and any attached documents or other
writings are intended only for the person or entity to which it is addressed and may contain
information that is privileged, confidential or otherwise protected from disclosure. If you
have received this communication in error, please immediately notify sender by return e-mail
and destroy the communication. Any disclosure, copying, distribution or the taking of any
action concerning the contents of this communication or any attachments by anyone other than
the named recipient is strictly prohibited.
Original Message
3
From: noreply@coloradocourthousesecurity.com [mailto:noreply@coloradocourthousesecurity.com]
Sent: Tuesday, December 10, 2013 9:37 AM
To: William Garcia
Subject: Court Security Cash Fund Annual Grant Award
Congratulations! The State Court Administrator's Office is pleased to award the WELD local
security team an Annual court security grant in the amount of $5,013.00 to be spent as
indicated below:
Personnel Services: $0.00
Security Equipment: $5,013.00
Training: $0.00
An Agreement for Services contract has been sent to the WELD County Commissioner designated
to receive this contract. The County Commissioner may view and approve the contract by going
to: http://www.coloradocourthousesecurity.com/. Please return the electronically executed
contract as soon as possible. Do not reply to this email. If you have any questions, please
contact:
Steve Steadman
steven.steadman@judicial.state.co.us
Court Security Specialist
Colorado Judicial Department
(303) 837-3616
4
Hello