HomeMy WebLinkAbout08511ORDINANCE NO. 8511
AN ORDINANCE BUDGETING AND APPROPRIATING
FUNDS TO THE COLORADO PREVENTION PARTNERSHIP
FOR SUCCESS, PROJECT PD1207, AND APPROVING A
MEMORANDUM OF AGREEMENT BETWEEN
CROSSROADS TURNING POINT AND THE CITY OF
PUEBLO, A MUNICIPAL CORPORATION, ON BEHALF
OF THE POLICE DEPARTMENT, AND AUTHORIZING THE
PRESIDENT OF CITY COUNCIL TO EXECUTE SAME
WHEREAS, the City Council of Pueblo has the authority on behalf of the City of
Pueblo, including its Police Department, to approve and enter into Agreements; and
WHEREAS, the City Council of Pueblo has the authority on behalf of the City of
Pueblo, including its Police Department, to accept funding for public and municipal
purposes; and
WHEREAS, a Colorado Incentive Grant from the Substance Abuse and Mental
Health Services Administration (SAMHSA) has been tendered to fund the Colorado
Prevention Partnership for Success (CPPS), in the amount of $62,400 for the first grant
period, and $62,400 for the second grant period, to the City of Pueblo Police Department,
through Crossroads Turning Point; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Memorandum of Agreement between Crossroads Turning Point and the City of
Pueblo, a Municipal Corporation, on behalf of the Police Department, relating to CPPS
Partnership for Success Grant 2012-2014, Project Number PD1207, a true copy of which is
attached hereto, having been approved as to form by the City Attorney, is hereby approved.
SECTION2.
Project Number PD1207, Colorado Prevention Partnership for Success (CPPS), is
hereby established, and the amount $62,400 is to be budgeted and appropriated thereto for
the period of October 1, 2012 through September 30, 2013.
SECTION 3.
The Grant Award Funds shall only be expended and used for the Program and shall
be so obligated and expended by September 30, 2013.
SECTION 4.
This Ordinance shall become effective immediately upon final approval and passage.
INTRODUCED: September 10, 2012
BY: Chris Nicoll
COUNCIL PERSON
PASSED AND APPROVED: September 24, 2012
Background Paper for Proposed
ORDINANCE
September 24, 2012
DATE: AGENDA ITEM # S-4
POLICE DEPARTMENT
DEPARTMENT:
CHIEF LUIS VELEZ
TITLE
AN ORDINANCE BUDGETING AND APPROPRIATING FUNDS TO THE COLORADO
PREVENTION PARTNERSHIP FOR SUCCESS, PROJECT PD1207, AND APPROVING
A MEMORANDUM OF AGREEMENT BETWEEN CROSSROADS TURNING POINT
AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, ON BEHALF OF
THE POLICE DEPARTMENT, AND AUTHORIZING THE PRESIDENT OF CITY
COUNCIL TO EXECUTE SAME
ISSUE
Shall City Council approve the Memorandum of Agreement relating to partnering with
Crossroads Turning Point on a Colorado Incentive Grant entitled “Colorado Prevention
Partnership for Success (CPPS), and budget and appropriate an amount of $62,400 for
the period October 1, 2012 through September 30, 2013 following the guidelines
outlined in the memorandum of agreement?
RECOMMENDATION
Approval of this Ordinance.
BACKGROUND
This Memorandum of Agreement allows the City of Pueblo, through its Police
Department, to partner with Crossroads Turning Point on a Colorado State Incentive
Grant, Project Number PD1207, to promote the prevention of substance abuse in
Pueblo, particularly Latino underage drinking and binge drinking for a 24-month period
beginning October 1, 2012. This Ordinance budgets and appropriates an amount of
$62,400 to Project PD1207 for the period October 1, 2012 through September 30, 2013.
An additional amount of $62,400 will be budgeted under a new project number in the
following year.
FINANCIAL IMPACT
There is no City match required for this grant.
Memorandum of Agreement (MOA)
CPPS Partnership for Success Grant 2010 -2014
Memorandum of Agreement Between •
City of Pueblo, a Municipal Corporation
And
Crossroads Turning Points, Inc.
I. Background
In fiscal year 2009 -2010, the Colorado Prevention Partnership For Success (CPPS)
received funding from a State Incentive Grant from the Substance Abuse and Mental Health
Services Administration (SAMHSA), awarded to the Governor's Office to implement the
Strategic Prevention Framework. The state underwent a preliminary needs assessment process to
identify areas in Colorado that have elevated rates of underage drinking, substance abuse and
related problems and that have proportionately fewer public resources allocated to address these
issues.
The Colorado Prevention Partnership Advisory Council (CPPSAC) selected Pueblo and
three (3) other areas in Colorado to receive funding in fiscal year 2009 -10. The purpose of these
funds is to support collaboration between school systems and other organizations in the
community to promote the prevention of Latino underage drinking and Latino binge drinking
and other problems by supporting communities in building and enhancing local prevention
infrastructure. Infrastructure includes prevention- focused coalitions, organizations and
networks, professional workforce, and policy decision - making bodies.
II. Purpose of the Memorandum of Agreement
CPPS awarded funding to the Pueblo School District 60, under a Grant Agreement (the
"Grant ") to enhance school- community collaboration and the coordination of substance abuse -
related prevention efforts for children, youth and adults within Pueblo. For the fiscal years of
2012 through 2014 the fiscal responsibility of the grants has been awarded to Crossroads Turning
Points. This MOA represents an agreement between the City of Pueblo, a Municipal
Corporation ( "City ") and Crossroads Turning Points, Inc. (CTP) to collaborate on the
implementation of the Strategic Prevention Framework in Pueblo using funding provided under
the Grant. Through this collaboration, Crossroads Turning Points, City of Pueblo, Pueblo
Alliance for Healthy Teens — consisting of the Pueblo Police Department, Municipal Court as
units of the City, and the Pueblo County Sheriff - will collaborate on their efforts to reduce
substance abuse within Pueblo and to build, enhance and sustain effective prevention strategies,
policies, programs and practices, particularly as these relate to underage drinking.
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MOA
III. Shared Concerns
The parties to this MOA recognize that enhancing collaboration between the two entities
constitutes an essential step in strengthening local prevention efforts and reducing substance
abuse, particularly underage drinking, in Pueblo. The parties further recognize that children and
youth spend a significant amount of time working with school personnel on a daily basis, making
school personnel and school systems a key part of prevention efforts. The parties also recognize
that underage drinking and substance abuse impact school attendance, academic performance
and other areas of students' lives that are important predictors of current and future health and
well- being. Collectively, the efforts of the parties under this MOA will strengthen law
enforcement efforts, schools and the broader community.
Responsibility of Crossroads Turning Points, Inc.: Under the terms of this MOA,
Crossroads Turning Points Inc. shall:
• Serve as the recipient of, and fiscal agent, for the Grant.
• Provide a complete copy of the fully executed Grant and attachments to City.
• Serve on the PuebloAlliance for Healthy Teens Coalition.
• Participate in annual administration of the Healthy Kids Colorado Survey for grades
6 -12.
• Support and guide the CPPS Project Coordinator, Project Evaluator, Administrative
Assistant and state evaluator in annual administration of the Healthy Kids Colorado
Survey to be used as part of the local needs assessment and state evaluation.
Responsibility of City: Under the terms of this MOA, City shall:
• Assign a Pueblo Police Department representative to manage the CPPS funds
budgeted to City under this MOA, coordinate the overall enforcement budget with a
representative of the Pueblo County Sheriff's Office, and process monthly invoices
for services to Pueblo for services performed under the Scope of Work attached
hereto.
• With respect to the services provided by City under this MOA, comply with the terms
and requirements of the Grant.
• Furnish the law enforcement services to be provided by the Pueblo Police Department
set forth in the attached Scope of Work, including any descriptions in said Scope of
Work concerning the manner and time in which the services are to be performed.
• Maintain records and data relating to the services performed by City under this MOA,
in accordance with Grant requirements.
IV. Personnel
The parties understand and agree that City shall, at all times during the term of this MOA,
be deemed an independent contractor and not an employee of Crossroads Turning Points, Inc. ,
and shall be responsible in accordance with law for all withholding taxes, social security,
unemployment, workers' compensation, and /or other employment taxes with respect to its
employees, and, to the extent permitted by law, shall indemnify and hold Crossroads Turning
Points, Inc. harmless from and against any and all claims for the same. ° F
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MOA
Each party will be solely and entirely responsible for its acts and acts of its agents,
officers, subcontractors, and employees. To the extent permitted by law, each party shall
indemnify and hold harmless the other party from all claims, damages, liabilities, actions, and
costs of the defense thereof including reasonable attorney fees, arising out of or resulting from
the negligent acts or omissions of its agents, officers and employees, or caused by or sustained in
connection with the performance of this MOA by such party or, or based upon a violation of any
statute, ordinance or regulations by such party.
V. Payment
In consideration of the provision of services and reporting as set forth herein, Crossroads
Turning Points, Inc. will pay to the City annually an amount not to exceed $62,400 for services
of Pueblo Police Department specified in the following manner, subject to verification by
Crossroads Turning Points, Inc. of full and satisfactory performance with the terms of the MOA:
a. For the period October 1, 2012 through September 30, 2013, an amount not to exceed
$62,400, as follows:
(1) Capital and operating expenses for purchase of office and job supplies,
necessary equipment, including Portable Breath Testers (PBT's) for enforcement of
Underage Drinking Laws, Underage Drinking Task Force (police officer) overtime and
payroll expenses of Pueblo Police Department enforcement efforts for community and
school events and related costs for Pueblo Municipal Court to operate minor in
possession and minor consumption court sessions, including Municipal Night Court
sessions.
a. For the period October 1, 2013 through September 30, 2014, an amount not to exceed
$62,400, as follows:
(1) Capital and operating expenses for purchase of Portable Breath Testers
(PBT's) for enforcement of Underage Drinking Laws, Underage Drinking Task Force
(police officer) overtime and payroll expenses of Pueblo Police Department enforcement
efforts for community and school events and related costs for Pueblo Municipal Court to
operate minor in possession and minor consumption court sessions, including Municipal
Night Court sessions.
b. The amount of funding for future years of this grant through September 30, 2015 or
later if extended will be set by CPPS.
c. Upon receipt by Crossroads Turning Points, Inc. of a signed monthly statement from
City requesting reimbursement in accordance with the categories and line items of the
budget set forth in an attachment to this MOA and incorporated herein. Said statement
shall also set forth date, name of payee, amount of payments, and description of
expenditures and copies of supporting documentation. City's monthly billings shall be
submitted by the 10 of the month following the month services were performed.
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MOA
Crossroads Turning Points, Inc. shall make payments to the City within 60 days of receipt
of billing.
Crossroads Turning Points, Inc. agrees to be the fiscal agent and pay the City for services
provided in accordance with the Scope of Work.
VI. Records Maintenance, Performance Monitoring and Audits
The City shall provide reasonable access during regular business hours to its records that
pertain to the operation of the program/project or the delivery of services under this MOA. Such
records shall be sufficient to properly reflect all direct and indirect costs of labor, materials,
equipment, supplies and services and other costs of whatever nature for which a payment was
made under this MOA.
The City and Crossroads Turning Points, Inc. each agree to comply with the Colorado
Open Records Act and the Colorado Criminal Justice Records Act, as applicable.
The City shall cooperate in the performance of audits and /or inspections of its records, at
any reasonable time, to assure compliance with the Grant terms and /or to evaluate City's
performance. Any amounts Crossroads Turning Points, Inc. paid improperly shall be promptly
returned to Crossroads Turning Points, Inc. or may be recovered in accordance with law.
All such records maintained by the City, relating to its performance under this MOA shall
be retained for a period of three (3) years from the date of final payment.
This MOA may be terminated by either party upon 30 days prior written notice. In
addition, Crossroads Turning Points, Inc. may terminate this MOA immediately if (i) Crossroads
Turning Points funding for the Services is terminated, (ii) City fails to timely and satisfactorily
perform the Services, (iii) or City is in default of any material provision of this MOA.
XI. Term of MOA
Unless sooner terminated as provided herein, the term of this MOA shall commence on
October 1, 2012 and terminate on September 30, 2014. The grant funding is scheduled thru
September 30, 2014 and this MOA may be extended annually by the written consent to extension
of both parties which consent to extension shall be given not later than 30 -days prior to the
anniversary date of Crossroads Turning Points, Inc. approval of this MOA.
XII. Other
A. This MOA constitutes the entire agreement between the parties, and supersedes all
prior and contemporaneous agreements, representations and understandings of the parties. No
modification of this MOA, and no waiver of any of the MOA's provisions or conditions, shall be
binding unless made by written document signed by the parties. Any delegation or assignment of
this MOA by either party, without the prior written consent of the other party, shall be void. This
MOA shall be governed by, and construed according to, the laws of the State of Colorado.
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MOA
B. This MOA is intended to govern the agreement of the parties only with respect to the
performance of the City under the Grant. The City expressly disclaims any responsibility for
work performed by the Pueblo County Sheriff or other third parties.
C. Crossroads Turning Points, Inc. certifies that neither it nor any members of its Board,
officers or employees has or will derive any personal or financial interest or benefit from the
activity or activities undertaken with any federal financial assistance pursuant to this MOA, nor
has an interest in any contract, subcontract or agreement with respect thereto, nor the proceeds
thereunder, either for themselves or for those with whom they have family or business ties,
during their tenure and for one year thereafter. Crossroads Turning Points, Inc. and the City
further agree that each respectively shall avoid all conflicts of interest which are prohibited by
applicable federal regulations.
D. In the event this MOA or any material provision hereof shall be declared to be
invalid, unenforceable, or in violation of any applicable federal, state or local laws or regulations,
the parties will immediately begin negotiations to modify or amend this MOA in order that it
shall, as amended, express and contain the understanding and intentions of the parties.
E. The subject headings of the paragraphs of this MOA are included for purposes of
convenience only, and shall not affect the construction or interpretation of its provisions.
F. Except as set forth elsewhere in this paragraph, all notices to be given under this
MOA shall be made in writing, and shall be sufficient if delivered personally, or mailed by First
Class United States Mail, postage prepaid, to the other party at the following addresses:
If to Crossroads Turning Points, Inc. :
If to the City: Pueblo Police Department
Attention: Chief of Police
200 South Main Street
Pueblo, CO 81003
Telephone: (719)553 -2420
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MOA
IN WITNESS WHEREOF, the parties have entered into this MOA the day and year
first written above.
Crossroads Turning Points, Inc. CITY OF PUEBLO
Leroy Lucero a Municipal Corporation
4 1/
By: . 1 By /!��
' resident Presi . -nt of th- ity Council
Date: 7 7/2-- Date: 9 /0 / / Z
Attest:
By:
City rk
APPROVED AS TO FORM: APPROVED AS TO FORM:.
Crossroads' Turning Points, Inc. Board Chair City Attorne
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MOA