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Home My WebLink AboutPACKET Public Safety 1997-02-20PUBLIC SAFETY COMMITTEE TOWN OF ESTES PARK February 20, 1997, 3:30 P.M. REVISED POLICE DEPARTMENT 1. Agreement for Animal Control Service with Humane Society 2. Youth Volunteer Corp. Grant Contract FIRE DEPARTMENT 1. Nothing to report REPORTS 1. Correspondence Summary 2. Year End Report * The committee reserves the right to consider other appropriate business not available at the time the agenda was prepared. / MUNICIPAL COURT CASES AND INCOME: January 1, 1996 to January 1, 1997: 428 cases $17,935.00 Parking finesprocessed during 1996 25 2,380.00 6v9 --2-8-3-16- March 1, 1995 to March 1, 1996 467 cases $16,630.00 Interoffice Memorandum To: Public Safety Committee Members - Baudek, Pauley and Marshall From: Chief Repola ~ I)ate: February 10, 1997 Re: ANIMAL IMPOUND STATISTICS During the January Public Safety meeting, we discussed renewal of the Animal Medical Center agreement. During that discussion, I was asked what the number of impounds and/or total days of use had been over the past year at the Animal Medical Center. Attached you will find information pertaining to that use both for the Town and for the County. As you will see, in the February Public Safety Committee Meeting, we provide Animal Control assistance throughout the valley under a contract with Larimer County Humane Society. Therefore, you will notice impounds for both the Town and County cases. If you should have any questions regarding these numbers, please do not hesitate to give me a call. IQMal County Igial Dogs Impounded 67 49 116 Cats Impounded 0 5 5 Dog Days 124 112 236 Cat Days 18 18 Truck Impounds or for some other reason animal did not go to facility but was dealt with. Dogs 5 7 12 Dog Days 8 10 18 TOWN OF ESTES PARK POLICE DEPARTMENT Chief Randy Repola EXHIBIT .A. TO 1997 HUMANE SOCIETY AGREEMENT AGREEMENT FOR ANIMAL CONTROL SERVICE This Agreement is entered into by and between the Humane Society for Larimer County (hereinafter "the Humane Society") and the Town of Estes Park (hereinafter referred to as "Estes Park"). WITNESSETH: WHEREAS, Estes Park presently employs a trained and qualified animal control officer for the purpose of enforcing local ordinances concerning animal control within the Town of Estes Park; and WHEREAS, the Humane Society as an independent contractor provides animal control and related services to Larimer County in the unincorporated area of Larimer County; and WHEREAS, the Humane Society desires to contract with Estes Park for part-time services of Estes Park's animal control officer for the purpose of providing better service in the unincorporated portion of Larimer County located in the Estes Park area; and WHEREAS, Estes Park desires to contract with the Humane Society for part-time services of Estes Park's animal control officer. NOW, THEREFORE, in consideration of their mutual promises and covenants contained herein, the parties agree as follows: 1. Duration of Agreement. This Agreement shall be effective January 1, 1997, through and including December 31, 1997, unless sooner terminated. This Agreement may be renewed as provided in Section 14. 2. Scope of Services. Estes Park shall: a. provide a trained and qualified animal control officer to respond to animal control calls within the portion of unincorporated Larimer County located within the Service Area as defined in Section 3. The animal control officer shall respond to calls concerning the Larimer County Resolution and Ordinance Concerning Animal Control and Dog Licensing, as amended from time to time, and enforce the same. A copy of the Larimer County Resolution and Ordinance Concerning Animal Control is attached hereto and incorporated herein by reference as Exhibit "1". In addition Estes Park and its animal control officer shall: (1) furnish, on a rental basis, available humane animal traps for the capture of dogs, cats and other domestic animals to all residents of Larimer County who desire them. Available humane animal traps for the capture of wildlife may be furnished on a rental basis, in the discretion of Estes Park. (2) dispose of all dead cats, dogs and other animals similar in size brought to the designated Estes Park animal shelter by residents of the Service Area. (3) respond to calls regarding livestock, remove livestock from roadways and temporarily confine or restrain the livestock, if possible, pending action by the Larimer County Sheriff's Department. (4) pick up dead animals weighing less than 100 pounds from public areas, including streets and parks. b. provide a humane and appropriate vehicle equipped with equipment necessary for the performance of its duties under this Agreement, including but not limited to a two-way radio sufficient to provide constant communication and devices necessary to capture, hold and transport animals in a safe and humane manner. C. provide uniform(s) which clearly identify its employee as an animal control officer. 3. Service Area. The services to be provided by Estes Park under the terms of this Agreement shall be provided in that portion of unincorporated Larimer County which is served by the Larimer County Sheriff's Department deputies stationed in Estes Park and which is known as Sector 6. A copy of the territory included in Sector 6 is attached hereto and incorporated herein by reference as Exhibit "2". 4. Hours of Service. The specific days and hours that the animal control officer works will be determined by Estes Park after consultation with the Humane Society. When the animal control officer is on duty, he/she will respond to both calls concerning services to be provided to residents of Estes Park and services to be provided to residents of the Service Area. It is contemplated that the animal control officer will spend, on average, eight hours per week responding to calls and providing services in the Service Area under this Agreement. However, due to the fluctuating nature of the services to be provided, the parties do not desire to specify in this Agreement the specific days or hours that services will be provided. It is the intent of the parties that Estes Park, in determining the hours that the 2 animal control officers will work, will account for the increased number of calls that occur on the fourth of July and that weekend hours will be discussed by the parties to determine if the animal control officer should be working on some or all weekends. Summer days and times will also be discussed with a goal of providing coverage for the increased number of calls which occur during the summer months. Estes Park will notify the Humane Society of the hours that the animal control officer will be working so that the Humane Society can be adequately staffed to provide services during non- working hours or days. If the schedule of the animal control officer fluctuates, this notice shall be provided on a weekly basis. 5. Operation of Local Shelter. Estes Park will arrange for a local animal shelter where animals impounded from the Service Area will be taken by Estes Park. Estes Park shall be responsible for its operations and the costs thereof. When an animal is impounded by Estes Park at the local animal shelter, Estes Park shall promptly notify the Humane Society of the impoundment. Estes Park shall establish, keep and maintain a' daily register of all animals impounded by the animal control officer and released by the local animal control shelter and a case history of each animal impounded and released, all on forms mutually agreeable to the parties. 6. Impoundment Fees. Estes Park will charge and collect from persons who reclaim impounded animals all fees set forth from time to time by Resolution of the Larimer County Board of County Commissioners. Estes Park shall retain as its sole property all such fees collected. All such fees collected by Estes Park shall be accounted for at the time of submitting the monthly and annual reports required by Section 9. 7. Enforcement Authorization. Larimer County shall authorize the Estes Park animal control officer to enforce the Larimer County Ordinance and Resolution Concerning Animal Control and Dog Licensing. The animal control officer shall be authorized to serve summonses and complaints and penalty assessment notices to be filed in the Larimer County Court. It is specifically agreed that the Estes Park animal control officer shall not be entitled to enforce any other ordinance or resolution of Larimer County other than the Larimer County Ordinance and Resolution Concerning Animal Control and Dog Licensing, as amended from time to time. The Humane Society shall instruct the animal control officer in the procedures of enforcing the Larimer County Ordinance and Resolution Concerning Animal Control and Dog Licensing. 3 8. Weapons. The animal control officer provided by Estes Park shall not carry guns, rifles, or firearms other than tranquilizer guns when responding to a call in the Services Area, except when necessary to destroy a dangerous or vicious animal. In the event that the animal control officer finds it necessary to use a weapon to destroy a dangerous animal, unless the situation is an emergency, the animal control officer shall notify the Larimer County Sheriff's Department to respond and assist prior to the destruction. 9. Reports. Estes Park shall submit reports on forms approved by the Humane Society to the Humane Society on a monthlv basis on or before the ifth- day of the Followihi month with annual summary on or before Januarv 150 1998 , listing the following information with regard to the previous month: a. the number of animals impounded; b. the number of impound days for all animals impounded; C. number of licenses issued and licensing fees (total); d. number of animals picked up from the Service Area which are euthanized at the local animal control shelter; e. number of responses to loose livestock; f. average response time per call for priority and non- priority calls; g. approximate number of contacts (telephone, in person, written, etc.) received reporting animal problems or requesting enforcement or other services provided by Estes Park under this Agreement, the nature of the problem reported or service requested and the number and nature of the responses made by Estes Park; h. the number of formal complaints received concerning enforcement or other services provided by Estes Park under this Agreement and the disposition of the complaints; and i. such other information as may be reasonably required by the Humane Society; A penalty of one percent shall be imposed for each day that the report is not timely received by the Humane Society. 10. Dispatch Services. Estes Park, through its police department, shall perform dispatch services. 4 11. Indemnification and Liabilitv Insurance. Estes Park shall carry liability insurance sufficient to insure against acts or omissions of Estes Park, its officers, elected and appointed, employees and agents, with the minimum coverage as follows: a. Bodily Injury $150,000 per person/$600,000 per occurrence b. Property Damage $50,000 The Humane Society shall be an "additional insured" on any policy obtained by Estes Park pertaining to its duties under this agreement with respect to the operations performed by or on behalf of Estes Park and falling within the scope of the agreement between Estes Park and the Humane Society. The Humane Society shall carry liability insurance sufficient to insure against acts or omissions of the Humane Society, its officers, elected and appointed, employees and agents, with the minimum coverage as follows: a. Bodily Injury $150,000 per person/$600,000 per occurrence - b. Property Damage $50,000 Estes Park shall be an "additional insured" on any policy obtained by the Humane Society pertaining to its duties under this agreement with respect to the operations performed by or on behalf of the Humane Society and falling within the scope of the agreement between Estes Park and the Humane Society. Estes Park shall defend, indemnify and save harmless the Humane Society, its officers, elected and appointed, and its employees, servants and agents from any and every action, cause of action, claim or demand of any person, natural or corporate, resulting from or arising out of any act or omission of Estes Park, its officers, elected or appointed, employees, agents or contractors, relating to the performance of any of the obligations of this Agreement. Estes Park shall not, however, be liable for the acts, claims or demands which may arise solely from the intentional or negligent acts of the Humane Society, its officers, elected or appointed, and employees, nor for the acts of Estes Park in compliance with instructions or orders given to Estes Park by the Humane Society. The Humane Society shall defend, indemnify and save harmless Estes Park, its officers, elected and appointed, and its employees, servants and agents from any and every action, cause of action, claim or demand of any person, natural or corporate, resulting from or arising out of any act or omission of the 5 Humane Society, its officers, elected or appointed, employees, agents, or contractors, relating to the performance of any of the obligations of this agreement. The Humane Society shall not, however, be liable for the acts, claims or demands which may arise solely from the intentional or negligent acts of Estes Park, its officers, elected or appointed, and employees nor for the acts of the Humane Society in compliance with instructions or orders given to the Humane Society by Estes Park. 12. Payment. The Humane Society shall pay to Estes Park, for the satisfactory performance of its obligations hereunder the sum of ten ithbusand Dollars ($ 10,000.00 ) . The payment set forth above shall be paid in four installments of twenty five hundred Dollars ($ 2,500.00 ) payable on the fifteenth( 15th) of the month following the end of a quarter; provided that the report(s) required by Section 9 have been timely submitted. If such reports have not been timely submitted, payment will be made within fifteen (15) days after receipt of the report(s). 13. General. It is further agreed, by and between Estes Park and the Humane Society as follows: a. that in entering into this Agreement, the Estes Park animal control officer acquires no status, right or benefits ~ of an employee or agent of the Humane Society or Larimer County; it being expressly understood and agreed that Estes Park shall perform all undertaking and services prescribed herein as an independent contractor of the Humane Society, which is an independent contractor of Larimer County. b. that Estes Park shall neither assign any of the rights nor delegate any of the duties upon it under this Agreement without the express written consent of the Humane Society and Larimer County. C. that this Agreement may not be enlarged, modified or altered, except in writing, signed by the parties as an amendment hereto. d. that no waiver of any breach of this Agreement shall be held or construed to be a waiver of any subsequent breach thereof. e. that it is expressly understood and agreed by the parties hereto that the Estes Park animal control officer shall write and/or serve legal process upon, persons desiring to reclaim their animals from the local animal shelter. 6 f. that it is expressly understood and agreed that the payment of salary and benefits of personnel employed by Estes Park as an animal control officer shall be the sole responsibility of Estes Park. It is specifically understood and agreed that personnel employed by Estes Park as animal control officers are not employees of the Humane Society or of Larimer County and are not entitled to any benefits to which Humane Society or Larimer County employees may be entitled. g. that if either party materially breaches any term of this Agreement, the non-breaching party shall provide notice to the breaching party of such breach. If the breach is not corrected within thirty (30) days or such longer period of time as may be reasonable under the circumstances, the non- breaching party may terminate this Agreement upon notice to the breaching party. In any suit brought to enforce the provisions hereof, the prevailing party shall be entitled to recover its costs and reasonable attorney fees. h. that Estes Park shall make its financial records available, upon request, to the Humane Society for the purpose of conducting an audit. Such audit shall be conducted during normal business hours of Estes Park and conducted on Estes Park premises. i. that in the enforcement of Larimer County ordinances and resolutions relating to animal control, Estes Park shall comply with all applicable provisions of the Larimer County Ordinances and Resolutions concerning Animal Control and Dog Licensing, as amended from time to time. j. that nothing contained herein shall be deemed to be a waiver of Estes Park's sovereign immunity or the limitations on liability set forth in the Colorado Governmental Immunity Act or other applicable laws granting similar protections. 14. Renewal. a. The parties shall meet in November to determine if this Agreement should be renewed for the following year and to renegotiate the compensation and obligations of the parties based upon the prior years experience. Any modifications to the agreement shall be set forth in writing, although such writing may be in letter form. b. If by the end of any year, the parties are unable to reach an agreement for the next year or if Larimer County does not renew its Agreement with the Humane Society for the next year or has not finalized contractual arrangements with 7 a new animal control provider for the next year, then the parties agree to extend the Agreement for a period of up to twelve (12) months, as determined by the Humane Society after consulting with Larimer County, and the Humane Society shall pay to Estes Park the sum of $833.33 Dollars ($ 833.33 ) per month for each month of the extended term. HUMANE SOCIETY FOR LARIMER COUNTY DATED: By: President ATTEST: Secretary TOWN OF ESTES PARK By DATED: Title: ATTEST: Title: 2\mrh\county\agree\animalxa.r97 8 Department Number NA A Routing Number CONTRACT THIS CONTRACT is made this 20th day of January, 199~by and between the State of Colorado for the use and benefit of the Department of Local Affairs, Community Partnership Office (CPO), 1313 Sherman Street, Suite 500, Denver, Colorado 80203, hereinafter referred to as the State, and Town of Estes Park, Police Department, P.O. Box 1287, Estes Park, CO 80517 , hereinafter referred to as the Contractor. WITNESSETH: WHEREAS, authority exists in the law, and funds have been budgeted, appropriated, and otherwise made available, and a sufficient unencumbered balance remains available for payment in Fund Number 100 , Appropriation Code Number(s) , Org. Unit , GBL(s) , Contract Encumbrance Number C85- ; and WHEREAS, the State has applied for and received federal funding under Title IV of the Elementary and Secondary Education Act of 1965, as amended, (Safe and Drug-Free Schools and Communities Act State Grants Program), ("SDFSC")"; and WHEREAS, the State Purchasing Director has provided a waiver from the State's procurement process for the award of grants under the Safe and Drug-Free Schools and Communities Act State Grants Program dated January 8,1996; and WHEREAS, required approval, clearance and coordination have been accomplished from and with appropriate agencies; and WHEREAS, the Contractor is an eligible entity to receive assistance from SDFSC, and will be performing the services under this contract, NOW THEREFORE, it is hereby agreed that: I. Legislative Authority This contract is authorized by the Elementary and Secondary Education Act of 1965, as amended, (Safe and Drug-Free Schools and Communities Act State Grants Program, CFDA 84.186A). II. Legal Authority The Contractor warrants that it possesses the legal authority to enter into this contract. The person or persons signing this contract on behalf of the Contractor also warrant that they have full authorization to execute this contract. III. State Responsible Administrator Questions related to this project or performance under this contract should be directed to the following State representative: Michael Smith, Community Partnership Office (CPO), 1313 Sherman Street, Suite 500, Denver, Colorado 80203, by phone at (303) 866-4900 or fax at (303) 866-4992. SDFSC.Con Page 1 of 10 pages IV. Period of Performance The Contractor agrees to commence delivery of the contemplated services on the 1st day of FebruarY , 1997, and agrees to deliver such services in as expeditious a manner as possible, but in any event services for which payment is contemplated by the terms of this contract shall be completed by the 31 st day of JanuarY 1998. V. Contract Amount In consideration of the satisfactory performance of the Contractor under this contract, the State shall pay the Contractor, subject to additions and/or deductions as provided by or pursuant to modification, an amount not to exceed Twelve Thousand Five Hundred and no/100 ($12,500), and in no event shall obligation be made after the end date of this contract unless otherwise amended. VI. Working Capital Advance/Reimbursement Payments Monies obligated under this contract may be made available on a working capital advance payment basis. Under this procedure, cash may be advanced to the Contractor to cover estimated disbursement needs for the initial period of operation. Thereafter, the contractor shall be reimbursed for actual cash disbursements. Such advances shall be subject to the following provisions. a. An initial advance representing two months of operating expenses will be provided upon execution of the contract. Following the initial advance, the Contractor will receive payment for actual cash disbursements on a monthly basis. This method will assure that the Contractor will continue to have on hand a working capital advance representing one month of operating expenses for the duration of this contract. b. The request for advance/reimbursement shall be requested on the form prescribed by the State and contain in formation on costs disbursed to date, and an estimate of costs to be disbursed during the period covered by the advance. Advance payments may be limited or eliminated at any time by the State should the Contractor'S lack of performance under this contract present a programmatic or financial risk to the State. VII. Scope of Services In consideration for the monies to be received from the State, the Contractor shall perform, in a satisfactory and proper manner, as determined by the State, all work set forth in the "Statement of Work/Budget", attached as Exhibit A, as explained by relevant portions of the contractor's grant application, both of which are incorporated by reference, and which collectively hereinafter are referred to as the "Project". VIII. Funding Level Changes The parties hereto expressly recognize that the Contractor is to be paid, or otherwise compensated with federal funds provided to the State for the purpose of contracting for the services provided herein, and therefore the Contractor expressly understands and agrees that all rights, demands, and claims to compensation arising under this contract are contingent upon receipt of such funds by the State. In the event that such funds or any part thereof are not received by the State, the State may immediately terminate or amend this Contract. SDFSC.Con Page 2 of 10 pages .. IX. Statement of Work/Budget Modification Procedures The Contractor may modi fy the Statement of Work and Budget in accordance with the procedures set by the State or CPO, as may be modified, only with prior written approval of the CPO Director or his designee. Amendments to other terms and conditions of the contract, as well as changes to the contract amount, must be accomplished through formal amendment to the contract and approval of the Controller or his delegate. X. Disputes Any disputes arising under this contract shall be resolved in accordance with the SDFSC regulations and procedures established by CPO. Performance under this agreement shall continue pending resolution of any such dispute. XI. Equal Employment Opportunity/Affirmative Action The Contractor shall insure Equal Employment Opportunity (EEO) to all individuals and shall take Affirmative Action to all individuals to insure adequate utilization of members of protected classes of workers who have been victims of past discrimination. EEO shall mean that no individual shall be excluded from participation in, denied the benefits of, subjected to discrimination under, or denied employment in administration of or in any program funded under this section because of race, color, or national origin, age, handicap or political affiliation or belief. Contractors shall be governed by the prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975, on the basis of handicap under Section 504 of the Rehabilitation Act, on the basis of sex under Title IX of the Education Amendments of 1972, or on the basis of race, color, or national origin under Title VI of the Civil Rights Act of 1976. Programs and activities funded under this Act are considered to be programs receiving Federal financial assistance and are subject to all provisions of EEO. XII. Personnel The Contractor shall perform its duties hereunder as a contractor and not as an employee. Neither the Contractor nor any agent or employee of the Contractor shall be or shall be deemed to be an agent or employee of the State. the Contractor represents that he has, or will secure at his own expense, all personnel, as employees of the Contractor, necessary to perform the work and services required to be performed by the Contractor under this contract. Such personnel may not be employees of, or have any contractual relationship with the State and no such personnel are eligible for any employee benefits, unemployment compensation, or any other benefits accorded to state employees and Contractor agrees to indemnify the State for any costs for which the State may be found liable in these regards. Contractor shall pay when due all required employment taxes and income tax withholding. All of the services required hereunder will be performed by the Contractor or under his supervision. This paragraph does not limit or affect the employer/employee relationship that otherwise exists between state agencies and their employees properly performing work under this contract. XIII. Non-assignability Unless otherwise provided, the duties and obligations of the Contractor cannot be assigned, delegated, nor subcontracted except with the express written consent of the State. Subcontracts permitted by the State shall be subject to the requirements of this contract, and the Contractor is responsible for the performance of any subcontract. In addition, except as otherwise provided, this contract shall inure to the benefit of, and be binding upon, the parties hereto and their respective successors and assigns. SDFSC.Con Page 3 of 10 pages .. XIV. Confidentiality of Records In the event the Contractor shall obtain access to any records or files of the State in connection with, or during the performance of this contract, the Contractor shall keep such records and in formation confidential and shall comply with alllaws and regulations concerning the confidentiality of such records to the same extent as such laws and regulations apply to the State. Contractor agrees to notify and advise in writing, all employees, agents, consultants, licensees, or subcontractors of the said requirements of confidentiality and of possible penalties and fines imposed for violation thereof, and secure from each an acknowledgment of such advisement and agree to be bound by the terms of this agreement as an employee, agent, consultant, licensee or subcontractor of the Contractor, as the case may be. Any breach of confidentiality by the Contractor or third party agents of the Contractor shall constitute good cause for the State to cancel this contract, without liability; any and all information delivered to the Contractor shall be returned to the State. Any State waiver of an alleged breach of confidentiality by the Contractor or third party agents of the Contractor is not to imply a waiver of any subsequent breach. XV. Ownership of Materials and Information The Contractor agrees that all material, information, data, computer software, documentation, studies, and evaluations produced in the performance of this contract is the sole property of the State. XVI. Ownership of Equipment Equipment purchases authorized under this contract may be retained by the Contractor upon successfully completing the project funded herein, and providing all required reports to the State. However, in the event that this contract is canceled by the State for breach of contract, any equipment purchased by the Contractor shall be returned to the State. XVII. Litigation Unless otherwise provided, the Contractor shall notify the State, within five (5) days after being served with a summons, complaint, or other pleading in a case which involves services provided under this contract and which has been filed in any Federal or State court or administrative agency, and shall deliver copies of such document to the State. XVIII. Discretionarv Audit The State, through the Executive Director of the Department, the State Auditor, or any of their duly authorized representatives, including an independent Certified Public Accountant of the State's choosing, or the federal government or any of its properly delegated or authorized representatives shall have the right to inspect, examine, and audit the Contractor's (and any subcontractor's) records, books, accounts and other relevant documents. Such discretionary audit may be requested at any time and for any reason from the effective date of this contract until five (5) years after the date final payment for this Project is received by the Contractor, provided that the audit is performed during normal business hours. SDFSC.Con Page 4 of 10 pages XIX. Entire Understanding This contract is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect unless it is set forth in writing and executed by all parties hereto pursuant to the State Fiscal Rules. XX. Actions to Achieve Plan The State shall have the option to recapture and/or reallocate unexpended funds necessary to achieve planned levels of activity within its total jurisdiction. XXI. Modification bv Operation of Law The Contractor expressly agrees that in the event of any of the following occurrences, the CPO may immediately cancel or modify this contract and enter into discussions with the Contractor concerning necessary changes to accommodate such occurrences: A. Changes in, additions to, or new administrative interpretations of the SDFSC regulations, or other pertinent law, which impose additional or new requirements upon the State or Contractor which render performance under this contract illegal, impractical, or impossible. B. Changes in the amount of SDFSC funds received by the State concerning any program under this contract. C. Any unapproved deviations of the Contractor from the levels of service outlined in this contract. XXII. SeverabilitY To the extent that this contract may be executed and performance of the obligations of the parties may be accomplished within the intent of the contract, the terms of this contract are severable and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of term hereof shall not be construed as a waiver of any other term, or the same term upon subsequent breach. XXIII. Termination A. Any provision of this contract to the contrary notwithstanding, in the event termination of this contract becomes necessary, in the State's sole discretion, to comply with any court order concerning State personal services contracts generally, or this contract specifically, this contract may be terminated by the State immediately upon the giving of notice to the Contractor without further obligation of the State. B. Otherwise, in the event the Contractor fails to satisfactorily perform pursuant to the terms herein set forth, the State may give thirty (30) days prior written notice to the Contractor of its intent to terminate this contract, and provide necessary corrective action, designated by the State, to take effect within the thirty (30) day period following the date of the notice. In the event that the Contractor fails to comply with the corrective action, this contract shall be deemed terminated, and no further payments shall be made for any services performed by the Contractor after the date of such termination. SDFSC.Con Page 5 of 10 pages C. In the event the Contractor fails to comply with any of the provisions of the SDFSC regulations or any other applicable law, the State may cancel this contract by issuing written notice to the Contractor, which notice is effective immediately upon receipt by the Contractor. D. In the event the contract is terminated for reasons described above, the Contractor expressly agrees that costs for the contract closeout and audit related activities will be borne by the Contractor. E. The parties hereto expressly recognize that the Contractor is to be paid, reimbursed, or otherwise compensated with SDFSC funds provided to the State for the purpose of contracting for the services provided for herein, and therefore the Contractor expressly understands and agrees that all rights, demands, and claims to compensation arising under this contract are contingent upon receipt of such funds by the State. In the event that such funds or any part thereof are not received by the State, the State may immediately terminate or amend this Contract. XXIV. Termination For Convenience The State may terminate this Contract at any time the State determines that the purposes of the distribution of State monies under the Contract would no longer be served by completion of the Project. The State shall effect such termination by giving written notice of termination to the Contractor and specifying the effective date of such termination. In that event, all finished or unfinished documents and other materials as described in Termination for Cause shall, at the option of the State, become its property. If the Contract is terminated by the State as provided herein, the Contractor will be paid an amount which bears the same ration to the total compensation as the services actually performed bear to the total services of the Contractor covered by this Contract, less payments of compensation previously made, provided, however, that if less than sixty percent (60%) of the services covered by this Contract have been performed upon the effective date of such termination, the Contractor shall be reimbursed (in addition to the above payment) for that portion of the actual out-of-pocket expenses (not otherwise reimbursed under this contract) incurred by the Contractor during the contract period which are directly attributable to the uncompleted portion of the services covered by this Contract. If this Contract is terminated due to the fault of the Contractor, under paragraph XXIII, Termination for Cause shall apply. XXV. Program Requirements A. Financial Management Requirements 1. Financial management requirements, costs that can be charged to the grants, and audit requirements are covered in the following U.S. Office of Management and Budget (OMB) circulars: "Uniform Administrative Requirements for Grants and Agreements" "Cost Principles" "Audit Requirements" B. Uniform Administrative Requirements for Grants and Agreements Non-profit organizations or institutions of higher education are covered by OMB Circular A-110, and local government agencies are covered by OMB Circular A-102. Those circulars address the adequacy of financial management systems, including accounting methods, internal controls, income and expense documentation, and written cost allocation policies. They cover: SDFSC.Con Page 6 of 10 pages â€¢ financial management standards; â€¢ Federal grant payments, including advance payments; Â· the requirement to deposit grant funds in an interest-bearing account; â€¢ the obligation to return interest on grant funds to the Federal government; Â· equipment purchases, inventory, and disposal matching funding, including in-kind contributions; Â· program income; â€¢ products produced with grant funds; â€¢ financial reporting and record-keeping requirements; Â· close-out procedures; and Â· remedies for noncompliance C. Cost Principles Cost principles for nonprofit organizations are contained in OMB Circular A-122, cost principles for institutions of higher education are contained in OMB Circular A-21, and cost principles for government agencies are contained in OMB Circular A-87. The circulars describe the type of expenses which may be charged to the grant, and explain how to allocate costs between funding sources. D. Audit Requirements Audit requirements for nonprofit organizations or institutions of higher education are covered in OMB Circular A-133, and OMB Circular A-128 covers requirements for government agencies. The circulars contain the audit requirements for Federal grantees. The purpose of the circulars is to set uniform audit standards and to minimize the need for multiple audits when you have more than one Federal grant. The cost of the audit is an "administrative cost". E. Noncompliance with OMB Standards Contractors who do not comply with contract terms or OMB requirements, may have costs charged to the contract questioned or disallowed following an audit. (If the financial management system is seriously inadequate, the CPO can stop making advance grant payments, suspend funding, terminate the contract, recover funds, or take other legal steps.) Most common audit findings resulting in questioned or disallowed costs include: Â· inadequate accounting practices; poor internal controls; â€¢ inadequate documentation and record keeping; â€¢ inaccurate financial status reports; and â€¢ failure to return interest on Federal grant funds. F. Required Financial Documentation All costs charged to the contract must be documented. For example, the contractor must maintain signed time and attendance records for each and every individual employee and payroll documents approved by an official of the organization. Individual time distribution records must be maintained for allocating an employee's salary between this contract and other funding sources. Source documentation must be maintained for other costs such as receipts, travel vouchers, invoices, bills, or affidavits. Volunteer costs SDFSC.Con Page 7 of 10 pages must be documented. All in-kind and other matching contributions, including grant award documents and receipts from other funding sources must be documented. G. Records Retention In accordance with C.F.R. 76.734, which implements 20 U.S.C. 1232Â«a), grantees and subgrantees must retain records for five years after completion of the activity for which they use grant or subgrant funds. H. Lobbying Activities The Contractor assures that it shall comply with Public Law 101-121, Section 319, 29 CFR Part 93, restrictions on lobbying. I. Drug-Free Workplace The Contractor shall ensure compliance with the Drug-Free Workplace Requirements for Federal Grant Recipients under Sections 5153-5158 of the Anti-Drug Abuse Act of 1988 (41 U.S.C. 702-707). J. Political Activitv No funds paid to the Contractor hereunder shall be used for any partisan or non-partisan political activity or to further the election or defeat of any candidate for public office; nor shall they be used to provide services, or for the employment or assignment of personnel in a manner supporting or resulting in the identification of programs conducted pursuant to this contract with (1) any partisan or non-partisan political activity or any other political activity associated with a candidate, or contending faction or group, in an election for public or party office; (2) any activity to provide voters or prospective voters with transportation to the polls or similar assistance in connection with any such election; (3) any voter registration activity. The Contractor shall otherwise comply with the requirement of 5 USC 1501-1508, which are incorporated herein by this reference as if fully rewritten. K. Written Policies Written policies must be maintained relating to cost allocation, salary scales, fringe benefits, travel reimbursement, and personnel policies (including a participant code of conduct). These policies must be consistent with the grant and apply consistently throughout the contractor's organization. Reporting Requirements Narrative Reports. At each six month interval from the beginning date of the contract, a narrative report will be due, and a final narrative report will be due at contract termination. Narrative reports shall be prepared in the form prescribed by CPO, and shall be submitted not later than 30 days following the reporting period. Financial Reports. Financial reporting by the contractor shall be in accordance with the procedures, forms, and frequency prescribed by CPO. SDFSC.Con Page 8 of 10 pages SPECIAL PROVISIONS CONTROLLER'S APPROVAL 1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate. This provision is applicable to any contract involving the payment of money by the State. FUND AVAILABILITY 2. Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. BOND REQUIREMENT 3. If this contract involves the payment of more than fifty thousand dollars for the construction, erection, repair, maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public work for this State, the contractor shall, before entering upon the performance of any such work included in this contract, duly execute and deliver to the State official who will sign the contract, a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one-half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate surety, conditioned upon the faithful performance of the contract and in addition, shall provide that if the contractor or his subcontractors fail to duly pay for any labor, materials, team hire, sustenance, provisions, provendor or other supplies used or consumed by such contractor or his subcontractor in performance of the work contracted to be done or fails to pay any person who supplies rental machinery, tools, or equipment in the prosecution of the work the surety will pay the same in an amount not exceeding the sum specified in the bond, together with interest at the rate of eight per cent per annum. Unless such bond is executed, delivered and filed, no claim in favor of the contractor arising under such contract shall be audited, allowed or paid. A certified or cashiefs check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance with CRS 38-26-106. INDEMNIFICATION 4. To the extent authorized by law, the contractor shall indemnify, save and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the contractor, dr its employees, agents, subcontractors, or assignees pursuant to the terms of this contract. DISCRIMINATION AND AFFIRMATIVE ACTION 5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law respecting discrimination and unfair employment practice (CRS 24-34-402), and as required by Executive Order, Equal Opportunity and Affirma- tive Action, dated April 16,1975. Pursuant thereto, the following provisions shall be contained in all State contracts or sub-contracts. During the performance of this contract, the contractor agrees as follows: (a) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age. The contractor will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to the above mentioned characteristics, Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertisings; lay-offs or terminations; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth provisions of this non-discrimination clause. (b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age. Â© The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, notice to be provided by the contracting officer, advising the labor union or workers' representative of the contractor's commitment under the Executive Order, Equal Opportunity and Affirmative Action, dated April 16,1975, and of the rules, regulations, and relevant Orders of the Governor. (d) The contractor and labor unions will furnish all information and reports required by Executive Order, Equal Opportunity and Affirmative Action of April 16,1975, and by the rules, regulations and Orders of the Governor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules, regulations and orders. (e) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization, or expel any such individual from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity, because of race, creed, color, sex, national origin, or ancestry. (f) A labor organization, or the employees or members thereof will not aid, abel, incite, compel or coerce the doing of any act defined in this contract to be discriminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder; or attempt either directly or indirectly, to commit any act defined in this contract to be discriminatory. Form 6-AC-02B Revised 1/93 395-53-01-1022 (g) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further State contracts in accordance with procedures, authorized in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, or by rules, regulations or orders promulgated in accordance therewith, and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order, Equal Opportunity and Affirmative Action of April 16,1975, or by rules, regulations or orders promulgated in accordance therewith, or as otherwise provided by law. (h) The Contractor will include the provisions of paragraphs (a) through (h) in every sub-contract and subcontractor purchase order unless exempted by rules, regulations, or orders issued pursuant to Executive Order, Equal Opportunity and Affirmative Action of April 16,1975, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any sub-contracting or purchase order as the contracting agency may direct, as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation, with the subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the State of Colorado to enter into such litigation to protect the interest of the State of Co[orado. COLORADO LABOR PREFERENCE 6a. Provisions of CRS 8-17-101 & 102 for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereunder and are financed in whole or in part by State funds. b. When a construction contract for a public project is to be awarded to a bidder, a resident bidder shall be allowed a preference against a non-resident bidder from a state or foreign country equal to the preference given or required by the state or foreign country in which the non-resident bidder is a resident. If it is determined by the officer responsible for awarding the bid that compliance with this subsection .06 may cause denial of federal funds which would otherwise be available or would otherwise be inconsistent with requirements of Federal law, this subsection shall be suspended, but only to the extent necessar'y to prevent denial of the moneys or to eliminate the inconsistency with Federal requirements (CRS 8-19-101 and 102). GENERAL 7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution, and enforcement of this contract. Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extra-judicial body or person or which is otherwise in conflict with said laws, rules, and regulations shall be considered null and void. Nothing contained in any provision Incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution. 8. At all times during the performance of this contract, the Contractor shall strictly adhere to all applicable federal and state laws, rules and regulations that have been or may hereafter be established. 9. The signatories aver that they are familiar with CRS 18-8-301, et. seq., (Bribery and Corrupt Influences) and CRS 18-8-401,-et. seq., (Abuse of Public Office), and that no violation of such provisions is present 10. The signatories aver that to their knowledge, no state employee has any personal or beneficial interest whatsoever in the service or property described herein: IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day first above written. Contractor: STATE OF COLORADO (Full Legal Name) Town of Estes Park Police Department ROY ROMER, GOVERNOR By FOR THE EXECUTIVE DIRECTOR , Larry Kallenberger Position (Title) DEPARTMENT 84-6000661 OF Local Affairs Federal I.D. Number or Social Security Number Attest by: Corporate Secretary, or Equivalent, Town\City\County Clerk APPROVALS STATE CONTROLLER PRE-APPROVED FORM CONTRACT REVIEWER Clifford W. Hall By By Rose Marie Auten Form 6-AC-02C Revised 1/93 395-53-01-1030 EXHIBIT A STATEMENT OF WORK\BUDGET I. Goal Through the establishment of a Youth Volunteer Corps, the youth of the Estes Valley will be given opportunities to experience, understand and value diverse cultures and environments, and willlearn how these relationships impact their own community and themselves. II. Program Objectives Objective " Â© Attivitiek 9- Propgsed,Outaime\Impact By offering service opportunities, Recruit 30 youth to participate in a Participating youth will increase our young people will cultivate the school year program. Select 20 their knowledge and skills in the qualities of respect, citizenship, youth to participate in a summer areas including leadership, respect, stewardship and a passion for a program. Both programs will citizenship and community service. lifetime of service to the consist of community service community. projects. Identify, develop and implement Collaborate with RMNP, EVRPD, All youth will successfully community projects that offer good Senior Center, EP Special Events participate in completing quality opportunities for YVC participants Dept. to assist with development projects, and will self-report a to develop skills and are of benefit and implementation of projects. sense of pride and ownership. to the community. Identify, develop and implement Collaborate with participating Residents of the Estes valley will community projects that are of agencies to select projects that be aware of and will report a benefit to the community and benefit\serve various populations benefit from the efforts of the Estes diverse groups in the Estes Valley. within the Estes Valley. Valley Youth Volunteer Corps. Exhibit A: Page 1 of 2 II. Budget Grantee Match Contract Amount 1. Personnel 3,637 10,300 2. Operating 8,400 2,200 3. Travel 1,000 0 4. Equipment 1,800 0 5. Supplies 2,818 0 6. Other 4,200 0 Total Contract Amount $ 12,500 Exhibit A: Page 2 of 2 CORRESPONDENCE SUMMARY January 1997 Received a Thank You letter from Ms. Greff of Broomfield thanking Officer Roth for his assistance on January 18, 1997. She commended him for his "patience and understanding". Cpl. Pass and Sgt. Kufeld received a letter of appreciation from Principal Craig Belshe of EPHS. He also wanted to express his personal thanks for your â‚¬lrons in coordinating and presenting the 'Drug Awareness' seminar' to the staff at EPHS. 1- 2 ~un ~ ~3~rn - 0 2-,nk ,-1 Ul â‚¬91 â€¢--1,-eN -1- A 00 rn * f 00 - 46 N N 0' 20 3 X W -O 0 f M * S A r-MeN rn.-rNL 41- 64 rn M N 00 &8 00 74 94 f 1-0 \0 - f looNA CRI m N A dieN MASS; rn M Q 00 44 69 M ed LO t ~~ 2 ES k keR *!222 6E C. 01 A re> 00 f M - A N * M 00 0 pl - M M - \D-N 04*-%0 rt-=1-Ch 71 64 + â€ž- 1. 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