HomeMy WebLinkAbout992422.tiff RESOLUTION
RE: APPROVE 1999-2000 YOUTH CRIME PREVENTION AND INTERVENTION
PROGRAM GRANT SUBCONTRACT AND AUTHORIZE CHAIR TO SIGN - CITY OF
GREELEY
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 1999-2000 Youth Crime Prevention
and Intervention Program Grant Subcontract 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 District Attorney Juvenile Diversion Project, and the City of Greeley, commencing upon
full execution of said subcontract, and ending July 15, 2000, with further terms and conditions
being as stated in said subcontract, and
WHEREAS, after re,view, the Board deems it advisable to approve said subcontract, 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 1999-2000 Youth Crime Prevention and Intervention Program
Grant Subcontract 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 District Attorney Juvenile
Diversion Project, and the City of Greeley be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said subcontract.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 4th day of October, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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ATTEST: • 1
' / ' , L®>`XCUSED DATE OF SIGNING (AYJ
/. Hall, Chair
Weld County Clerk to the Bird � � I Ltd_
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%Es� `:I- bar J. Kirkmeyer/Pro-Tem
BY. Deputy Clerk to the Boa wksit1\ ,George axter
APPRO E AS TO FORM:
M. J. eile
ty Attorney
Glenn
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1999-2000 YCPI GRANT
SUBCONTRACT
THIS CONTRACT is made this ZS day of CLLL 2.± , 1999,by and between THE
CITY OF GREELEY, COLORADO (hereinafter referred to as "City"), 1000 Tenth Street,
Greeley,CO 80631 and Weld County District Attorney Juvenile Diversion Project, (hereinafter
referred to as "Recipient"), whose address is P.O. Box 1167, Greeley, CO 80632.
IN CONSIDERATION of the mutual promises contained herein, the City and Recipient
agree as follows:
WHEREAS,The State of Colorado,Department of Local Affairs,Youth Crime Prevention
and Intervention Program("State"),and the City of Greeley have entered into Contract Encumbrance
Number C0YP229 for the amount of$201,260 in grant money; and
WHEREAS,various eligible agencies have applied in conjunction with the City of Greeley
to share the grant money, awarded by the State of Colorado, and the City and its co-applicant
agencies were selected by the State for apportionment of said funds; and
WHEREAS, pursuant to said contract with the State, the City is to administer said grant
funds on behalf of itself and the other recipients, it is agreed as follows:
NOW, THEREFORE, in consideration for the City's administration of these state grant
funds on behalf of itself and the other recipients, it is agreed as follows:
Amount of Award. Recipient, as one of the eligible agencies, has been awarded by the
State, and acknowledges receipt of its share as administered by the City, the minimum sum of
$4,890. All conditions of the State agreements are attached hereto and incorporated herein as
Attachment"A"to this Contract and are required in order to meet the criteria for receipt of said grant
money.
Reporting and Tracking. The Recipient agrees to provide to the City financial reports,
receipts and other records documenting all allowable expenditures. As provided in Attachment"A,"
expenditure documentation shall be required by the City before additional funds dispersals are made.
In addition,the Recipient shall prepare, for the City's submission to the State,a semi-annual
program report detailing Project progress and effectiveness. This report shall be due on or before
February 15, 2000. The Recipient must prepare a Project Completion Report when all activities
have been satisfactorily completed and all Project funds expended.
Further, the Recipient shall track its own program for at least two years, the persons served
by the Project,to evaluate the impact of the services provided. At the end of the two-year tracking
period, the Recipient shall prepare for submission to the State a Final Project Report on the
effectiveness of the Project.
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Term. The Project,which is the subject and purpose of the grant, shall commence upon the
execution of the City's contract with the State and shall be completed on or before July 15, 2000.
The Project time may be extended upon mutual agreement of the State, City and Recipients
(Subcontractors),if a request for an extension by the City is received by the State at least thirty days
prior to the completion date.
Accounting. At all times from the effective date of this Contract until completion of the
Project,the Recipient shall maintain proper books of State funds, matching funds, and other funds
associated with this Project. All receipts and expenditures associated with said Project shall be
documented in a detailed and specific manner, and in accordance with the "Budget" set forth in
Exhibit "A"to the original Contract between the State and the City.
The State shall provide the initial payment of the funds to the City following execution of
the original contract. All subsequent payments must be made at the request of the City and Recipient
with documented proof of proper expenditure. Recipient hereby agrees that it will provide to the
City documented proof of expenditures so that the Recipient may qualify for the interim payments
from said grant.
The City must also request the final payment from the State, which shall be withheld until.
the Project is complete. Recipient agrees that it will provide its Final Report to the City for
submission to the State for final payment of the grant funds, as provided in Attachment "A."
Any amounts not expended from the grant funds will be returned to the State. The Recipient
acknowledges that the amounts set forth in the grant are maximum amounts, and that only those
amounts expended will be reimbursed. Recipient further agrees that it will provide the City a
detailed cost accounting of expenditures of the final payment received from the State within sixty
days of completion of the Project. Any State funds not expended in connection with the Project will
be refunded to the City and then to the State.
Eligibility. The Recipient acknowledges and agrees it currently meets and will continue to
meet all State eligibility requirements specified by law or attached State contract.
Audit. The State, its authorized representative, or an authorized representative of the City
of Greeley,as administrators of the grant,shall have the right to inspect,examine,and audit,through
the City, Recipient's records, books and accounts, including the right to hire an Independent
Certified Public Accountant of the State's choosing and at the State's expense to do so. Such a
discretionary audit may be called for at any time for any reason from the effective date of the
Contract until five years after the date final payment for the Project is received by the Recipient,
provided that the audit is performed at a time convenient to the Recipient and during regular business
hours. Whether or not the State calls for a discretionary audit as provided for in this paragraph, if
the Project is accomplished within a single fiscal year of the City, the City and Recipient shall, at
the conclusion of the Project and in addition to any other reports required, submit a report and
auditor's statement of the Project account to the Department of Local Affairs. Such reports shall be
prepared by the Recipient in conjunction with the regular yearly or biannual audit, and must be
submitted within six months after the close of the then-current fiscal year.
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Independent Agency and Hold Harmless Terms. The Recipient agrees and hereby
acknowledges that it is an independent and separate legal entity from the City. The City assumes
no legal liability for the actions or neglect of the Recipient, its employees or agents. The Recipient
agrees to hold the City harmless and indemnify the City for any injury or damages resulting from
the actions or neglect of the Recipient, its employees or agents.
They City agrees and hereby acknowledges that it is an independent and separate legal entity
from the Recipient. The Recipient assumes no legal liability for the actions of the neglect of the
City,its employees or agents. The City agrees to indemnify the Recipient for any injury or damages
resulting from actions or neglect of the City. The City shall not be liable to the Recipient for any
nonpayment damages resulting from late payment or nonpayment by the State. The Recipient
accepts all risk for State late or nonpayment.
Personnel. The Recipient represents that it has, or will secure at its own expense, unless
otherwise stated in Exhibit"A," all personnel, as employees of the Recipient,necessary to perform
the work and services required to be performed by the Recipient under this Contract.
The Recipient is responsible for providing liability insurance, Worker's Compensation
coverage and Unemployment Compensation coverage for all of its employees to the extent required •
by law, and for providing such coverage for themselves. In no case is the State or the City
responsible for providing Worker's Compensation coverage for any employees or subcontractors or
contractor, pursuant to this agreement or any other type of insurance coverage.
Termination of Contract for Cause. If,through any cause,the Recipient shall fail to fulfill
in a timely and proper manner its obligations under this Contract,or if the Recipient shall violate any
of the covenants, agreements, or stipulations of this Contract, this Contract may be terminated for
cause by giving written notice to the Recipient of such termination and specifying the effective date
at least five days before the effective date of such termination. In that event, all finished or
unfinished documents, data, studies, surveys,drawings,maps,models,photographs, and reports or
other material prepared by the Recipient under this Contract, shall become property of the City and
ultimately the State, at the option of the State, and the Recipient shall be entitled to receive just and
equitable compensation for any satisfactory work completed on such documents and other materials.
Notwithstanding the above, the Recipient shall not be relieved of liability to the City or the
State for any damages sustained by the City or the State by virtue of any breach of the Contract by
the Recipient. Payments may be withheld as an offset until such time as the exact amount of
damages due the City or State is determined.
Termination of Contract for Convenience of State. The State may terminate the contract
with the City at any time if the State determines that the purpose of the distribution of State monies
under the Contract would no longer be served by completion of the Project. Should the Contract be
terminated by the State,the Recipient will be paid an amount which bears the same ratio to the total
compensation as the services actually performed bear to the total services of the Recipient covered
by this Contract, less payments of compensation previously made.
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Changes. Changes will be made according to the Modification and Amendment section of
the State contract, found on page 3 of 7, a copy of which is attached hereto and made a part hereof
by reference.
Compliance with Applicable Laws. At all times during the performance of this Contract,
the Recipient shall strictly adhere to all applicable local, state and federal laws.
Severability. To the extent that this Contract may be executed and performance of the
obligations of the parties may be accomplished within the Contract, should any term or provision
of the Contract be declared invalid or become inoperative for any reason, such invalidity or failure
shall not affect the remaining terms or provisions hereof.
Binding on Successors. Except as herein otherwise provided, this agreement shall be
binding upon the parties, subcontractors, their respective successors and assigns.
Assignment. Neither party, nor any subcontractors hereto, may assign its rights or duties
under this Contract without the prior written consent of the other party.
Limitation of Funds. The parties hereto recognize that the Recipient is to be paid,
reimbursed, or otherwise compensated with funds provided to the State. The Recipient expressly
understands and agrees that all claims and demands for compensation under this Contract are
contingent upon receipt of such funds by the State. In the event that such funds or any part thereof
is not received by the State,the State may immediately terminate the contract with the City which,
will in turn, cause immediate termination of the City's Contract with the Recipient.
Minority Business Enterprise Participation. The policy of the State of Colorado is that
minority business enterprises shall have the maximum practicable opportunity to participate in the
performance of construction grants. Therefore,Recipient agrees to use its best efforts to carry out
this policy to the fullest extent practicable and consistent with the efficient performance of this
Contract. As used herein, the term "minority business enterprise" means a business, at least fifty
percent (50%) of which is owned by minority group members or, in the case of publicly owned
businesses, at least fifty-one percent (51%) of the stock of which is owned by minority group
members. For purposes of definition, minority group members are Afro-Americans or Black
Americans,Spanish-speaking Americans,Asian Americans,American Indians,American Eskimos,
and American Aleuts.
Discrimination,Affirmative Action,ADA Compliance. Recipient agrees to comply with
all local, state and federal laws which apply to discrimination, equal opportunity employment,
affirmative action and the Americans with Disabilities Act.
Labor Preference. The State of Colorado requires participants in its grants programs utilize
Colorado labor and preference for resident bidders within the state for construction contracts. This
requirement shall be suspended where it conflicts with the requirements of federal law.
General. The Recipient agrees to comply with all applicable state and federal laws,rules,
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regulations and Executive Orders of the government of Colorado involving nondiscrimination on
the basis of race, color,religion,national origin,handicap or sex. The Recipient agrees to consider
minorities or minority businesses as employees, specialists,or agents under this Contract. The City
may utilize the expertise of the State Minority Business Office within the Office of the Governor,
if it finds it is unable to assist Recipient in complying with the nondiscriminating and affirmative
action requirements of the Contract and applicable statutes.
Full Agreement. This agreement and its attachments constitute the entire agreement
between the parties. No other oral agreements or Contract amendments are binding upon the parties
. unless mutually agreed to in writing.
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(Signature page attachment)
1998-1999 YCPI GRANT SUBCONTRACT
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DATED this Pt; day of ,( ,r i 4,s t,y , 1999.
RECIPIENT: CITY OF G Y, COLORADO
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BY: a l�A L _- r By.,:....„.„,
Progra j A inistrato ) .- Mayon '^,,
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Title zyn66'!t wI iz�f r'C:O/a/I S / hm// << ATTEST \-.",
9-z F-95 r ' . ,
1, K g Clark ' 1
By.�\� ti / r•\co'k,0 5
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(10)04/99) i ,.AR
Dale K. Hall STOSUBSTANGE:
Title: Chair By: CAE--i - C i ,
it Manager
Att PAS TO G FORM:
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Clerk to the Board 17.c--5 �4�_ n-
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�' (� 1 /// ,z �- , City Attorney
BY: G:4fie: )lo. .X a r!`c` ' r
Deputy CJlerk to the, Boa ( 1 APPROVED AS TO AVAILABILITY
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By: / L '! "a -1_L
Bruce-arker, 9unty Attorney By 4 rtQ
Director of Fi'it
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PROJECT ADM T R:
By: //
Director Youth Initiative -------_
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