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HomeMy WebLinkAbout20103026.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, 2011, and ending December 31, 2011, 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. CL F`I, KUXe� S, Cndt v. 2010-3026 I - I3.-II CT0012 AGREEMENT FOR RECEIPT OF COURT SECURITY GRANT - COLORADO OFFICE OF THE STATE COURT ADMINISTRATOR COURT SECURITY CASH FUND PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 22nd day of December, A.D., 2010. BOARD OF CO LTY COMMISSIONERS LD COU Y, COLORADO ATTEST: 'S61 G'Rad er, C :it / !� . Weld County Clerk to the Boar �{(jlHT1 bara Kirkmeyer, ro-Tem BY: v i'L (L `t i �C2 l J�<� farm P- Depu lerk to the Board Sean P. Conway APARCiV✓,AST ORM: EXCUSED � � Wi .am F. Garcia ounty Attorney e n� °CN David E. Long Date of signature: 2010-3026 CT0012 `,V\CLH.01 ,t4 Ir KAREN L. SALAZ WELD COUNTY COMBINED COURTS ff alli Nineteenth Judicial District Judicial District Administrator b� n r-ou Dec. 17, 2010 Weld County Commissioners Via email to Monica Mika Dear Commissioners, The Nineteenth Judicial District Security Team met yesterday, Dec. 17, 2010, to discuss the State Security Commission Grant funds allocated to our District. As you are aware, we requested funding of projects totaling$303,709 ($302,379 in equipment and$1,330 for training). The Commission identified and funded projects totaling $74,171.00. The projects identified for funding arc highlighted in Attachment A. Weld County was one of 17 jurisdictions designated to receive grant money for the video conferencing pilot project. Because of rule changes by the Colorado Supreme Court last summer, the option of utilizing video conferencing during court proceedings has been expanded to restitution hearings, bail modification hearings, routine advisements, continuances, and plea and sentencing hearings for certain misdemeanor offenses. In addition, an increasing number of jurisdictions are expected to come online as the project grows and more resources become available. The funds designated for the Video Conferencing Initiative were a general allocation for equipment to provide those counties with existing video capabilities the ability to expand their current investment to maximize resources and expedite the expansion process. Consequently equipment needs will vary from location to location. Weld County and the 19th Judicial District have used video conferencing as a resource for the last two years to keep large numbers of inmates scheduled for advisements in a secure location, thereby avoiding the risk and expense of transporting inmates from the jail to the court complex. There is video equipment currently available for use in our four district court criminal courtrooms as well as one county court courtroom. An additional county court courtroom will come online within the next four months. Feeding the courtrooms are four video conferencing rooms strategically located at the Weld County North Jail Complex. The impact of video conferencing to the county is significant in this District. Every time an offender is moved from one facility to another, safety and security risks to officers, offenders and the public increases. The North Jail Complex is in a remote location and each inmate transport involves a five mile roundtrip from the jail to the Court Complex. Moreover, inmates sentenced to the Department of Corrections (DOC), who are subsequently ordered to appear before the 901 Ninth Avenue,Post Office Box 2038,Greeley,Colorado 80632-0138 Phone:(970)351-7300 x5500•Cell:(970)539-8307 karen.salaz@judicial.state.co.us http:llwww.courts.state.co.us/Courts/District/I ndex.cfm/D istrict_I D/19 2010-3026 Court, must be transported a minimum of 120 miles round trip if the inmate is located at the closest DOC facility in Denver. Over 250 DOC Inmates are transported to our courts each year. The minimum cost associated with transporting and housing one offender for court appearances of this nature is approximately $500. Video conferencing would substantially reduce the number of inmates requiring transport thus reducing safety and security risks, and saving valuable human and monetary resources for the citizens of Colorado. The level of support expressed by the entire Local Security Team at the meeting underscores the importance the Courts and law enforcement places on video conferencing. The potential to substantially reduce transportation costs and public safety is significant. If you have any questions, please do not hesitate to let me know. Regards, Karen Salaz Nineteenth Judicial District, Security Team Designated Contact Nineteenth Judicial District Local Security Team 2010 Grant Request Items The following request outlines, in order of priority, the tools and equipment requested by the Nineteenth Judicial District LST in the 2011 Grant request.**Highlighted items received grant funding. Priority Description Total 1 Video Conferencing Initiative $45,770.00 2 CEIA Metal Detector $6,283.13 3 Smiths Detections X-ray Inspection System and Tables $106,251.00 Plaza West/Main Courthouse/Plaza South 4 Surveillance Cameras Plaza South Divisions A,B,C,D & Emergency $37,225.00 Exit 4 Door Control Panel Courts Holding $106,850.00 Total $302,379.00 Training 7 Sheriffs Department, County and Court Personnel $1,330 Video Conferencing Initiative*funded #of Units Make&Model Unit Price Total Equipment to facilitate video conference connectivity between the State and Weld County Equipment to facilitate document exchange to include signature pads Total Estimate based on State Estimate $45,770.00 Metal Detection Equipment*funded #of Units Make&Model Unit Price Total 1 CEIA PMD2 Walk Through Unit $5,600.00 $5,600.00 Freight $300.00 $300.00 Set up and Training $350.00 $350.00 Total $6,250.00 $6,283.13 X-ray Inspection Equipment* partially funded #of Units Make&Model Unit Price Total 1 (3 requested) Smiths Detection HI-SCAN 5030si X-ray $19,344.00 $58,032.00 Inspection System 3 Threat Image Projection Software $1,800.00 $5,400.00 3 Operator training Software $1,800.00 $5,400.00 1 (4 requested) 2-meter Roller Table $1,250.00 $5,000.00 I-meter Roller Table $925.00 $925.00 1 0.5 meter Roller Table $750.00 $750.00 3 Shipping $1,120.00 $3,360.00 3 Installation $1,000.00 $3,000.00 3 5 yr Extended Warranty w/preventative $8,128.00 $24,384.00 maintenance Total $106,251.00 Surveillance Cameras Plaza South Courtrooms DVSNS A, B, C, D & Emergency Exit #of Units Make&Model Unit Price Total $1,992.50 per camera Bosch VDC445 Series And installation 13 Cameras plus labor for $26,780.00 Additional labor for Emergency exit camera Emergency exit$877.50 1 NVR/3xLogic $6,695.00 $6,695.00 Panic Button Interface 1 $795.00 $795.00 Modules 1 Virtual Switch $1,660.00 $1,660.00 Total $37,225.00 Door Control Panel #of Units Make&Model Unit Price Total 1 Door Control Panel $106,850.00 $106,850.00 Total $106,850.00 Training 7 SO,county,courts personnel $1,330.00 Total $1,330.00 2011 7 total sheriff's department, county and courts personnel Items Funded by State Security Committee for 2011 Participation in Videoconferencing Initiative $45,770.00 Equipment • One magnetometer $27,071.00 • One X-ray machine with roller tables CCSO training X 7 $1,330.00 Total $74,171.00 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 Court 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 Assem`ly has appropgated Fund moneys�pp�, for the Court Security Grant Program for StateFiscal Year 200(July 1,200k-June 30, 201x51 and JUDICIAL reasonably 1211 anticipates similar funding for StateFiscal Year 201,k(July 1,201 -June 30, 20*),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$74,171.00 has been awarded to the COUNTY from the CourtSecurity Cash Fund,which will be available to the COUNTY for expenditure during the 201jicalendar 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 1,201%through j1 December 31, 201% �7 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 Program may result in revocation of the award,termination of this Agreement, and returnof funds. C// � 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, 201%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 J DICIAL D PARTMENT Printed: Douglas f Rademacher Ger Id A Marrone Title: Chair, Board of Weld State Court Admin strator County Commissioners RR � ATTEST lL Clerk to the Board 861 O14 By: Printed: Donna . Bechler tktr L14,11 Title: Deputy Clerk to the Boa ° P APPROVED AS TO FOAM By: Printe ' Bruce Barker Tit e: Weld County Attorney Atio airare 2011 Grant Application County: WELD Priority County: No Status: SCAO Approval Date Submitted: 10-14-2010 Chief Judge: James Hartmann Sheriff: John Cooke County Commissioner: Barbara Kirkmeyer Application Type: Annual Requested Funds Personnel Services: $0.00 Security Equipment: $302,379.00 Training: $1,330.00 Total Requested Funds: $303,709.00 Approved/Contract Funds Personnel Services: $0.00 Security Equipment: $72,841.00 Training: $1,330.00 Total Contract Funds: $74,171.00 Attached File: 2010 19JD LST Final Grant Request.pdf ist of items to be purchased (in priority order)• 1. Video Conferencing Initiative $45,770.00 2. CEIA Metal Detector $6,283.13 3. Smiths Detections X-ray Inspection System and Tables Plaza West/Main Courthouse/Plaza South 4. $106,251.00 4. Surveillance Cameras Plaza South Divisions A,B,C,D & Emergency Exit $37,225.00 5. Door Control Panel Courts Holding $106,850.00 List of security measures currently in place: Security guards use standard procedures to screen private citizens;x-ray machines are located at the four public entrances;walk through metal detectors and hand-held scanners also are used; a photo ID card display procedure in place allowing employees to bypass scanners with appropriate identification.This year we added security cameras in the some courtrooms.The cameras are activated through the duress alarms. Continual recorder security cameras also were added at two of the four security check points. Chief Judge Approval: Approved Sheriff Approval: Approved County Commissioner Approval: Approved l‘Aanagement Recommendation• Recommended Participation in Videoconferencing Initiative, one magnetometer, one X-ray machine with roller tables, CCSO training X 7. Court Security Commission Chair Approval: Approved State Court Administrator Approval. Approved Batch approved by SCAO Hello