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Home My WebLink About20194300.tiff Esther Gesick From : Esther Gesick Sent: Monday, June 1 , 2020 3 : 13 PM To: john . putbrese@judicial . state . co . us Cc: marci . hoffman@judicial . state . co . us; Toby Taylor; Esther Gesick Subject: RE : FY 2021 Grant Period Hello John , I appreciate your prompt response to Marci and willingness to obtain signatures; however, based on your explanation below, I believe that will suffice to serve as confirmation of receipt and general acknowledgement of completion . Thank you , Esther E. Gesick Clerk to the Board 1150 O Street I P. O. Box 758 / Greeley, CO 80632 tel: (970) 400-4226 PN 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 . From : Hoffman , Marci < marci . hoffman@judicial . state . co . us > Sent : Monday, June 1 , 2020 2 : 10 PM To : Esther Gesick < egesick@weldgov . com >; Toby Taylor <ttaylor@weldgov . com > Subject : RE : FY 2021 Grant Period Caution : This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good afternoon , I apologize for the delay in responding to you . I concur with Toby regarding LST funding and communication . As for the final signed contract, this is the information I received from John Putbrese at SCAO : Good morning Marci , I normally do not send out executed copies unless they are specifically requested . The acceptance by the county is normally time stamped within the program . I do not mind printing this off and asking Steven to sign it. I do have to clarify that the county commissioners will be ok with the dates and the State Court Administrator ' s name being lined out and corrected on tic1a t3 OG 1 CTo Li the contract. With the multiple contracts last year and the change to the fiscal year, the contract dates are wrong and it is not something that can be corrected within the system . Sorry for the inconvenience . Be well , If you would like me to proceeding with a signature, it may take some time but would be happy to follow up . Thank you both ! Marci Original Message From : Esther Gesick < egesick@weldgov. com > Sent: Monday, June 1 , 2020 1 : 39 PM To : Toby Taylor < ttaylor@weldgov. com > Cc : Hoffman , Marci < rrarci . hoffman@judicial . state . co . us > Subject: FW: FY 2021 Grant Period Hi Toby, Thanks for the feedback. I ' ll proceed with listing the message as an item of Communications and defer to Marci to see if she has anything back from the State . Thanks, Esther E . Gesick Clerk to the Board 1150 O StreetIP . O . Box 758IGreeley, CO 80632 tel : ( 970) 400 -4226 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 : Toby Taylor < ttaylor@weldgov. com > Sent: Monday, June 1 , 2020 12 :42 PM 2 RESOLUTION RE: APPROVE AGREEMENT FOR RECEIPT OF COURT SECURITY GRANT FUNDS AND AUTHORIZE CHAIR TO SIGN 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, on behalf of the Department of Buildings and Grounds, and the Colorado Court Security Commissioner, State Court Administrator's Office, commencing on January 1, 2019, and ending on December 31, 2019, 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, on behalf of the Department of Buildings and Grounds, and the Colorado Courts Security Commissioner, State Court Administrator's Office, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of September, A.D., 2019, nunc pro tunc January 1, 2019. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COL RADO ATTEST: ditifttio •X,l,�,o% rbara Kirkmeyer, hair Weld County Clerk to the Board Mike Freeman, Pro-Tem BY:"./4/11/ Deputy Clerk to the Boar•��!'+• ILa`� Sea /P. Conway APP S • FOR�� +•>•, < I1861 �• ( o K. James ounty Attorney SOU 1 Steve Moreno Date of signature: to/o3/S I c.c.: 3CCCTTr SGT, G-TCol I-1), 2019-4300 ac.-rc4c-fCO) oCp r o 3 r o CT0014 i$6i �yy DEPARTMENT OF BUILDINGS AND GROUNDS V ' ^� PHONE: (970)304-6531 FAX: (970)304-6532 COUNTY WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 September 24, 2019 To: Board of County Commissioners From:Toby Taylor Subject: Courts Security Grant(2019-1819)—Receipt of Funds In June 2019,the Court Security Grant from the Colorado Court Security Commissioner, State Court Administrator's office awarded $11,858.42 for the purchase of metal detectors and continuing maintenance for video conferencing. However,the grant did not fully fund all the requested items and was short$5,145.14. Through an amendment application process,Weld County requested additional funds for the shortfall. On September 20, 2019, the State Court Administrator has indicated the shortfall of$5,145.14 would be funded through the grant. Therefore, Buildings&Grounds is recommending accepting the$5,145.14 in additional funds as defined in the amendment application and results shown in Exhibit A. Sincerely, Toby Taylor Director 2019-4300 01(30 CTOOI(-1 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 219(July 1, -June 30, 219),and JUDICIAL reasonably anticipates similar funding for State Fiscal Year (July 1, 219-June 30, ),which will allow the Program to cover the full calendar year 219, 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$5,145.14 has been awarded to the COUNTY from the Court Security Cash Fund, which will be available to the COUNTY for expenditure during the 219 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 1,219 through December 31, 219. 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 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 FOR JUDICIAL Marci Hoffman John Putbrese Court Security Team Contact Administrator of Judicial Security 915 10th Street P.O. Box 758 State Court Administrator's Office 1300 Broadway St,Suite 1200 Greeley,CO 80632-0758 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 COLORADO JUDICIAL DEPARTMENT By By: 14- em See ai I (P8• '4 pacKa.+) Pri ted: Barbara Ki kmeyer Printed: Christopher T. Ryan Title: BOCC Chair Title: State Court Administrator Date: SEP 3 ® 2019 Date: 40011. ATTEST dodo.) jeito; &40, I N Cl: to the Boar. 41, By: �.:_fir -�____,, / . : 444447 Printed: Cher / L. Hof ln ,14'r Title: Depu y Clerk t•' he Boa\IP% APPROVED AS TO FORM By: Printed: Bob Choate Title: Assistant County Attorney X0/9-443oG RE: AGREEMENT FOR RECEIPT OF COURT SECURITY GRANT FUNDS APPROVED SUBSTANCE: Elect Official or Department Head AP OVED AScs F DING d Controller APPROVED AS TO FORM: "PS edAk.evi.. County Attorney Hello