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Home My WebLink About20113244.tiff RESOLUTION 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 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, 2012, and ending December 31, 2012, 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 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 grant application electronically. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of December, A.D., 2011. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: „gee-a__ Barbara Kirkmey r, Chair Weld County Clerk to the Board t �� Sean P. Co Pro-Tem BY: rn4 cu n .,r' Deputy CI'rk to the Boa % ;"'�•. � 1161 t 1 43:1 7• m . a is fiqb ED O FORM: `a � S Dava: E. Long (- County •rn a CRS ___Vr1(24J1Lr Douglas P,iademac e Date of signature: / / a'-/ CC, • Q c As , 50 c I 2011-3244 -O 3- I a. CT0012 Attachment F: Contract Form AGREEMENT FOR RECEIPT OF COURT SECURITY GRANT FUNDS This Agreement is made by and between the COUNTY OF WELD (hereinafter"COUNTY"), abody 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"). The COUNTYand JUDICIAL may each be referred to herein as a"Party", or collectively and 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 Co rt Security Cash Fund Commission (hereinafter the "Commission")to assistthe State Court Administrator in distributing the funds to counties(see§13-1- 203, C.R.S.)through a programof court security grant applications(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 ChiefJudge,the County Sheriff, and a County Commissioner or Manager,or their designees,to oversee issues of courtsecurity 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 StateFiscal Year 2010(January 01, 2010- December 31,2010), and JUDICIAL reasonably anticipates similar funding for StateFiscal Year 2012(January 01,2012-December 31, 2012),which will enable the Program to be based on the calendaryear, which is the COUNTY's fiscal year;AND WHEREAS,the local security team for the above-named COUNTY has submitted an application for court securitygrant funds to supplement the COUNTY'S efforts already in place to improve the security of one or morefacilities 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 StateCourt Administrator. NOW THEREFORE, in consideration of the premises and mutual promises and covenants herein contained, thesufficiency of which is hereby acknowledged, COUNTY and JUDICIAL agree as follows: 1. PURPOSE OF AGREEMENT. The purpose of this Agreement is 1)toacknowledge that a Grant of up to$46,830.00 has been awarded to the COUNTY from the CourtSecurity Cash Fund,which will be available to the COUNTY for expenditure during the 2012 calendar year;2) to define the obligations of the COUNTY under the Court Security Grant Program; and 3)to establish thepayment plan under which the COUNTY will receive the said funds. 2.THE AGREEMENT. This Agreement is contained in this writing,which consists of five pages, plus Exhibits A, B and C. 3.TERM OF THE AGREEMENT. This Agreement shall be effective fromJanuary 1, 2012 through December 31, 2012. 4. SCOPE OF WORK. The COUNTY shall use the grant funds to accomplish thegoals and activities outlined in its Grant Application, including any modifications that may have been made bythe Commission in the approval process, attached hereto as Exhibit A. 5. GENERAL CONDITIONS. The COUNTY shall use grant funds only forpurposes of court security improvement as set forth in this Agreement. Failure to follow the intent of theCourt Security Grant 2011-3244 Program may result in revocation of the award, termination of this Agreement,and returnof funds. 6. PAYMENT METHOD. a. In the event that any Grant funds are to be used for the cost of salaries and benefits,disbursement of such funds shall be made quarterly by JUDICIAL upon receipt of reimbursementrequest form, attached hereto as Exhibit B,which shall be submittedby the COUNTY within 10 business days following the end of March, June, September and December, 2012.If disbursement of grant funds on a reimbursement basis causes an undue hardship for the COUNTY,disbursement shall be made in accordance with a written schedule prepared and agreed to by the COUNTYand JUDICIAL, and attached as an addendum to this contract. b. For other reimbursable costs, disbursement of Grant funds shall be made upon receipt ofreimbursement request form and substantiating receipts from the COUNTY. If disbursement of Grantfunds on a reimbursement basis causes an undue hardship for the COUNTY,the COUNTY shall submit thevendor's invoice(s)to JUDICIAL for payment directly to the vendor. c. Reimbursement requests should be mailed to the following address: Steve Steadman Court Security Specialist Office of the State Court Administrator 101 W. Colfax Ave, Suite 500 Denver, CO 80202 7. REPORTING REQUIREMENTS. the COUNTY shall submit quarterly activityreports on the Quarterly Activity Report Form attached hereto as Exhibit C.Such reports must be received by JUDICIAL on or before the 10th business day after the last day of each quarter. 8. RECORDS MAINTENANCE. the COUNTY shall maintain a complete file ofall records,documents, communications, and other materials that pertain to the Program under this Agreement.Such files shall be sufficient to properly reflect all direct and indirect costs of whatever nature for whicha Grant payment was made. These records shall be maintained according to generally accepted accountingprinciples and must be easily separable from other the 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 performaudits and/or inspections of its records pertinent to this Agreement at any reasonable time during the term ofthis Agreement and for a period of three(3)years thereafter to assure compliance with this Agreement. 10.ADMINISTRATIVE REPRESENTATIVES. The Parties shall designateadministrative representatives for this Agreement, and each Party shall notify the other Party promptly of anychange in such designation. At the commencement of this Agreement,the designated representatives shall be: FOR THE COUNTY FOR JUDICIAL Karen Salaz Steve Steadman Court Security Team Contact Court Security Specialist 915 10th Street P.O.Box 758 Office of the State Court Administrator 101 W.Colfax Ave,Suite 500 Greeley,CO 80632-0758 Denver,CO 80202 11. STATUS OF COUNTY WORKERS. The Parties understand and agree thatthe the COUNTY'S employees and agents are not employees or agents of JUDICIAL. The COUNTY shall have no authorization,express or implied, to bind the Colorado Judicial Department to any agreements, liability or understandingsexcept as expressly set forth herein. 12. INCOME TAXES. The COUNTY understands andagrees that the COUNTY is responsible to withhold and pay,according to law,any federal,state and local incometaxes owed by its employees. 13. UNEMPLOYMENT COMPENSATION. The COUNTYunderstands and agrees that its employees and/or agents shall not be entitled to unemployment insurance benefitsfor work performed under this Agreement, unless unemployment compensation coverage is provided by the COUNTY or bysome entity other than JUDICIAL. 14.WORKERS'COMPENSATION. The COUNTY understandsand agrees that no workers' compensation insurance shall be obtained by JUDICIAL concerning the COUNTY or theemployees or agents of the COUNTY. The COUNTY shall comply with workers' compensation law concerning the COUNTY and theemployees and agents of the COUNTY. 15. FRINGE BENEFITS.Because the COUNTY is engagedin the COUNTY'S own independent business,the COUNTY'S employees are not eligible for, and shall not participate in, anyemployer 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 the COUNTY, effective immediately upon receipt of notice ortermination, or at any time thereafter in the discretion of JUDICIAL. "Default"is defined as thefailure to fulfill in a timely and satisfactory manner any of the duties or obligations required underthis 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 anyactivity established by this Agreement is discontinued or decreased by the State, JUDICIAL mayterminate the Agreement or reduce its scope without penalty effective immediately upon receipt ofnotice of such termination or reduction. In the event of such termination or reduction,the COUNTY will becompensated for the value of services actually performed and goods received, if any, prior to theeffective 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 atall times during the term of this Agreement maintain such liability insurance, by commercial policy orself-insurance,as is necessary to meet its liabilities under the Act. 18. CONFIDENTIALITY. In the event that the COUNTY or the employeesand/or agents of the 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/oragents shall keep such records and information confidential and shall comply with all laws and regulationsconcerning the confidentiality of such records to the same extent as such laws and regulations apply tothe COUNTY. 19. COMPLIANCE WITH LAW. The Parties to this Agreement shallcomply with the letter and spirit of all applicable federal,state and local laws and regulations related toperformance under this Agreement, including but not limited to the Colorado Antidiscrimination Act of 1957,as amended, (Section 24-34-401 et seq., C.R.S.)and other applicable law respecting discrimination and unfairemployment practices. 20. SEVERABILITY. If any provisions of this Agreement are held to beinvalid, illegal, or unenforceable,the validity, legality, and enforceability of the remaining provisionsshall not in any way be affected or impaired thereby to the extent permitted by law. 21. ENTIRE AGREEMENT. This Agreement constitutes the entireagreement and a complete integration of all understandings between the COUNTY and JUDICIAL,and no modificationsor amendments to this Agreement shall be valid unless in a signed writing. 22. NON-WAIVER. The failure of either Party to exercise any of itsrights 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 thisAgreement shall be decided in accordance with the laws of the State of Colorado, and venue shall be in theState Courts of Colorado. IN WITNESS WHEREOF, the Parties hereto execute this AGREEMENT FOR COURT SECURITY GRANT FUNDS on thedates set forth below. COUNTY OF WELD COLORADO JUDICIAL DEPARTMENT By: SEE RTTACH E1> By: Printed: E(ECT120m)e_, Gerald A Marroney Title: APPPoVAI -PAGE< State Court Administrator ATTEST By: Printed: Title: APPROVED AS TO FORM By: Printed: Title: Colorado Court Security Grant Application Page 1 of 2 Grant Application County: WELD Priority County: ANo ctive ive Act li Date Submitted: Oct 14,2011 _cation Paslrst Chief Judge: James Hartmann Sheriff: John Cooke County Commissioner:Barbara Kirkmeyer Doug Rademacher Application Type: • Annual Emergency Amendment Requested Funds Personnel Services: :0.00 Security Equipment: 134,603.46 Training: 1,140.00 Total 135,743.46 Approved/Contract Amount Personnel: 0.00 Equipment: 45,690.00 Training: 1,140.00 Total 46,830.00 List items to be purchased,including staffing request in priority order: 1 Smiths Detections X-ray Inspection System/Table $22,844.82 2 Smiths Detections X-ray Inspection System/Table $22,844.82 3 Courts Holding Area Control Panel $35,699 4 Smiths Detections X-ray Inspection System/Table $22,844.82 5 Surveillance Cameras Plaza South (A,B,C,D) $30,370 Please list any court security measures presently in place: The following is a summary of some of the more significant changes specific to the LST activities. Emergency evacuation procedures have been developed. All employees have received mandatory training on evacuation procedures. An emergency evacuation drill was conducted within the last year. Uploaded File: 19JD 2011 LST request for 2012 Final.docx https://www.coloradocourthousesecnrity.com/view/components/applicant/applicationFor... 12/14/2011 Colorado Court Security Grant Application Page 2 of 2 Chief Judge Approval: Approved Please include any related comments County Commissioner Approval: Approved Please include any related comments below: Sheriff Approval: Approved Please Include any related comments below: Download Contract https://www.coloradocourthousesecurity.com/view/components/applicant/applicationFor... 12/14/2011 Esther Gesick From: Esther Gesick Sent: Wednesday, December 14, 2011 4:35 PM To: Esther Gesick Subject: FW: Court Security Cash Fund Annual Grant Award From: Barbara Kirkmeyer Sent: Tuesday, December 06, 2011 1:31 PM To: Esther Gesick Subject: FW: Court Security Cash Fund Annual Grant Award Here you go>>> have fun From: bkirkmeyer@aol.com [mailto:bkirkmeyer@aol.com] Sent: Tuesday, December 06, 2011 1:29 PM To: Barbara Kirkmeyer Subject: Fwd: Court Security Cash Fund Annual Grant Award ----Original Message From: steadman, steven <steven.steadmanAudicial.state.co.us> To: 'bkirkmeyer@aol.com' <bkirkmeveraaol.com> Sent: Fri, Dec 2, 2011 9:12 am Subject: RE: Fw: Court Security Cash Fund Annual Grant Award Good morning, From: bkirkmeveraaol.com [mailto:bkirkmeyer@aol.com] Sent: Friday, December 02, 2011 8:19 AM To: bkirkmeverCaco.weld.co.us; steadman, steven Subject: Re: Fw: Court Security Cash Fund Annual Grant Award Would you please tell me what my user name and password is so i can log on. Thanks Barb Original Message From: Barbara Kirkmeyer<bkirkmever(ahco.weld.co.us> To: 'bkirkmeyer aaol.com' <bkirkmeverAaol.com> Sent: Fri, Dec 2, 2011 6:47 am Subject: Fw: Court Security Cash Fund Annual Grant Award Original Message From: Barbara Kirkmeyer Sent: Wednesday, November 30, 2011 04:14 AM To: Barbara Kirkmeyer Subject: Fw: Court Security Cash Fund Annual Grant Award Original Message From: salaz, karen [mailto:karen.salaz@judicial.state.co.us] Sent: Monday, November 28, 2011 03:18 PM To: Barbara Kirkmeyer 1 Cc: Monica Mika; Toby Taylor Subject: FW: Court Security Cash Fund Annual Grant Award Barb, You should have received an email on Nov. 10 that was either this exact email (below) or a similar one. Can you let me know when you have signed and returned it to Steve Steadman? Cindy Villegas will get the two x-ray machines ordered as the State Security Committee has allocated as soon as the contract is in place. Thanks, Karen Salaz District Administrator 119th Judicial District 1970 539 8307 Original Message From: noreply@coloradocourthousesecurity.com [mailto:noreply@coloradocourthousesecurity.com] Sent: Thursday, November 10, 2011 6:10 PM To: salaz, karen 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 $46,830.00 to be spent as indicated below: Personnel Services: $0.00 Security Equipment: $45, 690.00 Training: $1, 140.00 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 2 Esther Gesick From: Monica Mika Sent: Tuesday, November 15, 2011 7:30 AM To: Esther Gesick Subject: FW: Court Security Cash Fund Annual Grant Award FYI Monica Daniels-Mika Director of Finance and Administration Finance and Administration 1150 0 Street Greeley, Co 80632 (970) 336 7205 ext. 4210 mmika(dco.weld.co.us 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(laiudicial.state.co.us] Sent: Monday, November 14, 2011 8:42 PM To: Barbara Kirkmeyer Cc: William Garcia; Monica Mika; hartmann, james Subject: FW: Court Security Cash Fund Annual Grant Award Hi Barb, Below is the information for the LST security grant award. The award is for two Smiths Detections X-ray Inspection System/Tables at $22,844.82 each. Please let me know when the contract is approved. Regards, Karen Salaz District Administrator I 19th Judicial District 1970 539 8307 Original Message From: noreply(dcoloradocourthousesecuritv.com [mailto:noreplvMcoloradocourthousesecurity.com] Sent: Thursday, November 10, 2011 6:10 PM To: salaz, karen 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 $46,830.00 to be spent as indicated below: 1 Personnel Services: $0.00 Security Equipment: $45,690.00 Training: $1,140.00 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(iudicial.state.co.us Court Security Specialist Colorado Judicial Department (303) 837-3616 2 Hello