HomeMy WebLinkAbout8258RESOLUTION NO. 8258
A RESOLUTION APPROVING AN AGREEMENT BETWEEN
THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND
THE STATE OF COLORADO RELATING TO YOUTH CRIME
PREVENTION AND INTERVENTION AND AUTHORIZING
THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE
SAME
WHEREAS, the City of Pueblo, on behalf of the Pueblo Police Department, has submitted
an application to the Colorado Department of Local Affairs for funding a Youth Crime Prevention
and Intervention (YCPI) Project; and
WHEREAS, the State has approved the application, has granted funding in the amount of
$10,000 and has prepared YCPI Contract No. C8YP089 which sets forth the terms and conditions
of the financial assistance and requires the City of Pueblo to provide matching funds in the amount
of $94,830.00 for this project; and
WHEREAS, the YCPI contract is to be performed in the current budget year and Fiscal Year
1998; and
WHEREAS, the City Council of Pueblo has the authority to enter into contracts on behalf
of the City of Pueblo, including its Police Department; and
WHEREAS, the undertaking of the YCPI Project is in the best interest of the City and will
benefit the health, welfare and safety of the citizens of the City; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1
The Contract dated November 12 , 1997 between the City of Pueblo, a Municipal
Corporation and the State of Colorado for the use and benefit of the Colorado Department of Local
Affairs relating to youth crime prevention and intervention, a true copy of which is attached hereto,
having been approved as to form by the City Attorney, is hereby approved subject to unencumbered
appropriations being available therefor in the 1997 budget allocation for the Police Department and
subject to and contingent upon appropriations therefor in the 1998 budget.
SECTION 2
The President of the City Council is authorized to execute the Contract in the name of and
on behalf of the City, and the City Clerk is directed to affix the seal of the City thereto and attest
same.
ATTEST:
City Clerk
INTRODUCED: October 27 , 1997
By jobn�VprnA
Councilperson
APPROVED:
President of the ity Co ncil
J: \CI11 \ POLICE\MINORS \YCPI\RESOLLTTLWPD -2-
Department or Agency: NAA
Contract Number: C8YP089
Contract Routing Number: Al l el
WAIVER CONTRACT
THIS CONTRACT, made this jz day ofAo -,- "z 1997, by and between the State of Colorado
for the use and benefit of the Department of Local Affairs, 1313 Sherman Street, Room 323 Denver, Colorado, 80203,
hereinafter referred to as the State and City of Pueblo, Police Department, 130 C. Main Street, Pueblo, Colorado
81003, hereinafter referred to as the Contractor.
WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made
available and a sufficient unencumbered balance thereof remains available for payment in Fund Number 100,
Appropriation Code Number 345, Org. Unit KV00, GBL Z498 Contract Encumbrance Number C8YP089 and
WHEREAS, required approval, clearance and coordination have been accomplished from and with appropriate
agencies; and
WHEREAS, the State desires to make grants to assist communities that are experiencing youth crime and
violence resulting from social conditions, educational deficits and lack of employment skills; and
WHEREAS, pursuant to 24 -32 -2801 et seq C.R.S. 1973, as amended, monies are to be distributed through the
Youth Crime Prevention and Intervention Program ( "Program "), with the Department of Local Affairs ( "Department ")
administering the funds; and
WHEREAS, applications for distributions from the Program have been received by the Youth Crime
Prevention and Intervention Program Board ( "Board "); and
WHEREAS, the Board desires to distribute said funds and the Governor has approved pursuant to law; and
WHEREAS, the Contractor is an eligible entity to receive assistance from the Program.
NOW THEREFORE, it is hereby agreed that:
1. Scope of Services In consideration for the monies to be received from the State, the Contractor shall
do, perform, and carry out, in a satisfactory and proper manner, as determined by the State, all work elements as
indicated in the "Scope of Services ", set forth in the attached Exhibit A, hereinafter referred as the "Project ". Work
performed prior to the execution of this Contract shall not be considered part of this Project.
2. Time of Performance The Contract shall become effective upon proper execution of this Contract. The
Project contemplated herein shall commence as soon as practicable after the execution of this Contract and shall be
undertaken and performed in the sequence set forth in the "Time of Performance" in the attached Exhibit A. Expenses
incurred by the Contractor in association with said Project prior to execution of this Contract shall not be eligible
expenditures. The Contractor agrees that time is of the essence in the performance of its obligations under this
Contract, and that completion of the Project shall occur no later than the termination date set forth in the Time of
Performance.
3. Compensation and Method of Payment The State agrees to pay to the Contractor, in consideration for
the work and services to be performed, a total amount not to exceed Ten Thousand and no /100 Dollars ($10,000.00).
The method and time of payment shall be made in accordance with the "Payment Schedule" set forth in Exhibit A.
CONTRAC'nCONWAIVR.YCP Page 1 of 7 pages
4. Accounting & Financial Mana eg ment At all times from the effective date of this Contract until
completion of this Project, the Contractor shall maintain properly segregated 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 accord with the "YCPI Program Budget" set forth in Exhibit A.
Unless otherwise provided for in this Contract, if Exhibit A provides for more than one payment
by the State, the initial advance set forth in the "Payment Schedule" set forth in Exhibit A shall be
made as soon as practicable after proper execution of this Contract. The Contractor shall initiate
all subsequent reimbursement requests by submitting documented proof of proper expenditure of
State funds thus far received to a contract monitor designated by the State.
b. The Contractor shall request the final payment, which is the amount withheld by the State until the
Project is complete, for the Project by submitting to the contract monitor a detailed cost accounting
of all State funds received and expended towards completion of the Project. Upon determining to
its satisfaction that all funds received by the Contractor have been properly spent towards
accomplishment of the Project, the State shall promptly make final payment to the Contractor.
C. Within ninety (90) days of completion of the Project, the Contractor shall submit to the contract
monitor a detailed cost accounting of expenditures of the final payment received from the State.
Any State funds not expended in connection with the Project shall be remitted to the State at that
time.
5. Audit The State or its authorized representative shall have the right to inspect, examine, and audit
Contractor'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 discretionary audit may be called for 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 at a time convenient to the Contractor 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 Contract, the Contractor 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 report shall be prepared in conjunction with Contractor's regular yearly or
biannual audit, and must be submitted within six (6) months after the close of the then current Contractor's fiscal year.
6. 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 deemed to be an agent or employee of the
State. Contractor shall pay when due all required employment taxes and income tax withholding, shall provide and
keep in force worker's compensation (and show proof of such insurance) and unemployment compensation insurance in
the amounts required by law, and shall be solely responsible for the acts of the Contractor, its employees and agents.
The Contractor is responsible for providing Workman'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 responsible for providing Workman's Compensation Coverage for any employees
or subcontractors of Contractor pursuant to this agreement, and Contractor agrees to indemnify the State for any costs
for which the State may be found liable in this regard.
7. Termination of Contract for Cause If, through any cause, the Contractor shall fail to fulfill in a timely
and proper manner his obligations under this Contract, or if the Contractor shall violate any of the covenants,
agreements, or stipulations of this Contract, the State shall thereupon have the right to terminate this Contract for cause
by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five (5)
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 Contractor under this
Contract shall, at the option of the State, become its property, and the Contractor shall be entitled to receive just and
equitable compensation for any satisfactory work completed on such documents and other materials.
CONTRACT\CONWAIVRNCP Page 2 of 7 pages
Notwithstanding the above, the Contractor shall not be relieved of liability to the State for any damages
sustained by the State by virtue of any breach of the Contract by the Contractor, and the State may withhold any
payments to the Contractor for the purpose of setoff until such time as the exact amount of damages due the State from
the Contractor is determined.
8. Termination for Convenience of State 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 thereof, at least twenty (20) days before the effective date of such
termination. In that event, all finished or unfinished documents and other materials as described in Paragraph 9 above
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 ratio 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, Paragraph 9 hereof
relative to termination shall apply.
9. Modification and Amendment
a) Modification by Operation of Law This Contract is subject to such modifications as may be
required by changes in federal or state law or regulations. Any such required modifications shall be incorporated into
and be part of this Contract as if fully set forth herein.
b) Programmatic or Budgetary Changes This Contract has a simplified Change Letter Procedure for
modifying this Contract for the following reasons:
i) unless otherwise specified in Exhibit A, "YCPI Program Budget, when a
budgetary line item change exceeds twenty percent (20 %) of the approved
budgetary line item;
ii) when any budget transfers to or between administration budgetary categories are
proposed;
iii) when the scope, objective or completion date of the Project changes as
determined by the Department;
iv) when additional or less State funding is needed;
Under such circumstances, the Department's approval is not binding until memorialized in a fully executed
Change Letter as specified in subparagraph c).
c) Change Letter Process Contractor must submit a written request to the Department if
programmatic or budgetary modifications are desired. Paragraph 3, Compensation and Method of Payment
and Exhibit A, Scope of Services, may be modified by Change Letters (in the form attached hereto), signed
by the State and the Contractor. All modifications to this Contract are hereby incorporated herein by
reference. A copy of all such Change Letters initiated per this subparagraph shall be provided to the
Department's accounting office. All other modifications to this Contract must be accomplished through
amendment to the contract pursuant to fiscal rules and in accordance with subparagraph 9.d.
CONTRACT\CONwA1VR.YCP Page 3 of 7 pages
d) Other Modifications If either the State or the Contractor desires to modify the terms
of this Contract other than as set forth in subparagraphs b) and c) above, written notice of the proposed
modification shall be given to the other party. No such modification shall take effect unless agreed to in
writing by both parties in an amendment to this Contract properly executed and approved in accordance
with applicable law. Any amendment required per this subparagraph will require the approval of other
state agencies appropriate, e.g. Attorney General, State Controller, etc.
10. Reports At least two (2) copies of all reports prepared as a result of the Project will be
submitted to the Department of Local Affairs within four (4) weeks of completion of such reports.
11. Employment Referrals The Contractor shall consider and require that all subcontractors
consider, from either the Job Training Partnership Act Service Delivery Area employment and training
agency or the Job Service Center in the area, referrals as candidates for filling vacant job positions
supported by or created as a result of funds provided by the State under this Contract.
12. Conflict of Interest
No employee of the Contractor shall perform or provide part-time services for
compensation, monetary or otherwise, to a consultant or consultant firm that has been
retained by the Contractor under the authority of this Contract.
b. The Contractor agrees that no person at any time exercising any function or
responsibility in connection with this Project on behalf of the Contractor shall have or
acquire any personal financial or economic interest, direct or indirect, which will be
materially affected by this Contract, except to the extent that he may receive
compensation for his performance pursuant to this Contract.
C. A personal financial or economic interest includes, but is not limited to:
any business entity in which the person has a direct or indirect monetary
interest;
ii. any real property in which the person has a direct or indirect monetary interest;
iii. any source of income, loans, or gifts received by or promised to the person
within twelve (12) months prior to the execution date of this Contract.
iv. any business entity in which the person is a director, officer, general or limited
partner, trustee, employee, or holds any position of management.
For purposes of this subsection, indirect investment or interest means any
investment or interest owned by the spouse, parent, brother, sister, son,
daughter, father -in -law, mother -in -law, brother -in -law, sister -in -law, son -in -law,
or daughter -in -law of the person, by an agent on his /her behalf, by a general,
limited, or silent partner of the person, by any business entity controlled by said
person, or by a trust in which he /she has substantial interest. A business entity
is controlled by a person if that person, his /her agent, or a relative as defined
above possesses more than fifty percent (50 %) of the ownership interest. Said
person has a substantial economic interest in a trust when the person or an
above - defined relative has a present or future interest worth more than One
Thousand Dollars ($1,000.00).
CONTRACT\CONWA[VR.YCP Page 4 of 7 pages
d. In the event a conflict of interest, as described in this Paragraph 14, cannot be avoided
without frustrating the purposes of this Contract, the person involved in such a conflict
of interest shall submit to the Contractor and the State a full disclosure statement
setting forth the details of such conflict of interest. In cases of extreme and
unacceptable conflicts of interest, as determined by the State, the State reserves the
right to terminate the Contract for cause, as provided in Paragraph 9 above. Failure to
file a disclosure statement required by this Paragraph 14 shall constitute grounds for
termination of this Contract for cause by the State.
13. Compliance with Applicable Laws At all times during the performance of this Contract, the
Contractor shall strictly adhere to all applicable Federal and State laws that have been or may hereafter be
established.
14. 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 a term hereof shall not be construed as waiver of any other term nor a waiver of a
subsequent breach of the same term.
15. Binding on Successors Except as herein otherwise provided, this agreement shall inure to
the benefit of and be binding upon the parties, or any subcontractors hereto, and their respective successor
and assigns.
16. 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.
17. Limitation to Particular Funds The parties hereto expressly recognize that the Contractor is
to be paid, reimbursed, or otherwise compensated with 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 its 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 this Contract.
18. Minority Business Enterprise Participation It is the policy of the State of Colorado that
minority business enterprises shall have the maximum practicable opportunity to participate in the
performance of its construction grant contracts. The Contractor 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 in this Contract, 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 the purposes of
this definition, minority group members are Negroes or Black Americans, Spanish- speaking Americans,
Asian Americans, American Indians, American Eskimos and American Aleuts. The Contractor may rely
on written representations by bidders, contractors, and subcontractor regarding their status as minority
enterprises and need not conduct an independent investigation.
19. Survival of Certain Contract Terms Notwithstanding anything herein to the contrary, the
parties understand and agree that all terms and conditions of this Contract and the exhibits and attachments
hereto which may require continued performance or compliance beyond the termination date of the
Contract shall survive such termination date and shall be enforceable by the State as provided herein in the
event of such failure to perform or comply by the Contractor or its subcontractors.
CONTRACT\CONWAIVRNCP Page 5 of 7 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 cashier's 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, or 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 Affirmative 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.
(c) 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, abet, 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
Page 6 of 7 Pages
(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 Colorado.
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 necessary 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. Pursuant to CRS 24 -30 -202.4 (as amended), the state controller may withhold debts owed to state agencies under the vendor offset intercept system
for: (a) unpaid child support debt or child support arrearages; (b) unpaid balance of tax, accrued interest, or other charges specified in Article 22, Title 39, CRS;
(c) unpaid loans due to the student loan division of the department of higher education; (d) owed amounts required to be paid to the unemployment
compensation fund; and (e) other unpaid debts owing to the state or any agency thereof, the amount of which is found to be owing as a result of final agency
determination or reduced to judgement as certified by the controller.
10. 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.
11. 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:
(Full Legal Name) City of Pueblo. Police Department STATE OF COLORADO
ROY R ER, ( :ERNO
By
Position (Title) President of the Council EXECUTIVE DIRE T arry Kallenberger
84- 6000615
.. Social Security Number or Federal ID Number DEPARTMENT
OF Local Affairs
(If Corporation:)
Attest (Seal) APPROVALS
By STATE CONTROLLER
Corporate Secr , or Equivalent, Tovm /City /County Clerk
Clifford W. Hall
PRE- RO ED FOR "TRAC T VIEWER By ( �
By Rose Marie Auten
Form 6- AC -02C
Revised 7/97
395 -53 -01 -1030 Page 7 which is the last of 7 Pages
Rev. 10/96 EXHIBIT A
Scope of Services
The purpose of the Youth Crime Prevention and Intervention Program (YCPI) is to provide state funding of
community -based programs throughout the State of Colorado that target youth and their families for intervention
and prevention services in an effort to reduce incidents of youth crime and violence. The Contractor's
Application for YCPI funding and the Award Summary Sheet are on file with the State and are hereafter
incorporated by reference.
The Contractor shall comply with all applicable State and Federal laws, rules, regulations and Executive Orders
of the Governor of Colorado involving non - discrimination on the basis of race, color, religion, national origin,
age, handicap or sex. In compliance with Paragraph 18 of this Contract, the Contractor agrees to consider
minorities or minority businesses as employees, specialists, agents, consultants, or subcontractors under this
Contract. The Contractor may utilize the expertise of the State Minority Business Office within the Office of the
Governor for assistance in complying with the non - discrimination and affirmative action requirements of the
Contract and applicable statutes.
2. Area Covered
The Contractor shall perform and accomplish all the necessary work and services provided under this Contract,
in connection with and respecting the following area or areas: Pueblo.
3. Responsible Administrator
The performance of the services required hereunder shall be under the direct supervision of, Ruben E.
Archuleta, or agent of Contractor, who is hereby designated as the administrator -in- charge of this Project. At
any time the administrator -in- charge is not assigned to this Project, all work shall be suspended until the
Contractor assigns a mutually acceptable replacement administrator -in- charge and the State receives notification
of such replacement assignment.
4. Time of Performance
This contract shall not be deemed valid until it has been approved by the Controller of the State of Colorado or
such assistant as he may designate. Costs may not be incurred prior to the start date stipulated on page 1 of the
contract.
The Project shall be completed on or before September 30, 1998, and services for which payment is
contemplated by the terms of the contract shall be completed by this date. However, the Project time of
performance may be extended, subject to the mutual agreement of the State and Contractor. To initiate an
extension, a written request for extension of the Project time of performance shall be submitted to the State by
the Contractor at least forty-five (45) days prior to the date specified above, and shall include a full justification
for the extension request.
EXHIBT- A.YCPI Page I of 3 Pages
5. YCPI Program Budget
Personnel:
$
Operating
$
Travel
$ 6,000.00
Equipment
$ 3,500.00
Supplies
$ 500.00
Other:
$
TOTAL CONTRACT COSTS
$ 10,000.00
TOTAL MATCHING FUNDS
$ 94,830.00
TOTAL PROJECT COSTS
$104,830.00
The Contractor may make a budgetary line item change if the amount does not exceed twenty percent
(20 %) of the line item ONLY one time without the prior approval of the State. In order for the revised
budget to be considered approved, the Contractor must provide the State a copy of the revised budget
within seven (7) working days of the revision.
Payment Schedule
Initial payment under this contract shall be made on an advance basis. Utilizing this procedure, cash will be
advanced to the Contractor to cover estimated disbursement needs for the initial period. Following this initial
advance, payments will be made on a reimbursement basis for actual cash expenditures made in the performance
of this contract. It is not intended, nor is it recommended, that the entire advance amount be expended prior to
requesting reimbursement for actual expenditures.
a. $4,000.00
An initial payment of 40% of the contract amount will be initiated by the State within thirty
(30) days of the date of execution of this Contract.
b. $5,000.00
An amount equal to 50% of the contract amount shall be made available for interim
reimbursements to the Contractor on an as- needed basis for actual expenditures made in the
performance of the Contract. Reimbursements must be initiated by the Contractor, and
requested in such form and detail as required by the State.
C. $1,000.00
Final payment in an amount equal to 10% of the Contract amount shall be withheld and
distributed only upon receipt by the State of a project completion report and a final financial
report documenting the expenditure of all funds for which payment has been requested.
F ,000.00
1 TOTAL
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Contract Monitorinf4
The Department of Local Affairs shall monitor the Project on an as- needed basis.
8. Reporting Schedule
The Contractor shall submit financial reports properly documenting all to -date expenditures of
State Youth Crime Prevention and Intervention funds at the time payment requests are made, in
accordance with the payment schedule.
Pursuant to 24 -23 -2803 (1), the Contractor shall also submit semi - annual program reports
detailing Project progress and effectiveness, and a Project Completion Report when all Project
activities have been satisfactorily completed and all Project funds expended.
Pursuant to 24 -32 -2802 (2) (c), the Contractor shall implement a method of tracking, for at least
two years, the persons served by the Project to evaluate the impact of services provided. One
year after submission of the Project completion report the Contractor shall submit a final Project
report on the effectiveness of the Project.
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