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HomeMy WebLinkAbout8028RESOLUTION NO. 8028 A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND THE STATE OF COLORADO RELATING TO SUBSTANCE ABUSE PREVENTION 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 Transportation, Office of Transportation Safety for funding a program for substance abuse prevention and reduction of traffic fatalities and injuries (the Program "); and WHEREAS, the State has approved the application and has prepared a Contract for the Program No. 97- 410 -71) which requires the City of Pueblo to provide certain matching funds for the Program; 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 Contract for the Program requires the local agency to provide matching funds in the amount of $139,657; and WHEREAS, the State of Colorado requires a resolution by the City Council of the City of Pueblo formally approving the Contract for the Program, obligating the required local matching funds, and authorizing the proper signature to be affixed to the Contract indicating such approval; and WHEREAS, the undertaking of the Program 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 January 13 199 between the City of Pueblo, a Municipal Corporation and the State of Colorado for the use and benefit of the Colorado Department of Transportation relating to substance abuse prevention, 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. 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. SECTION 3 Required matching funds from the City in the amount of $139,657.00 are authorized to be paid or expended from Account No. 140- 1997 - 840 -80 -10 -103 in connection with said Contract. ATTEST: City Cle INTRODUCED: January 13 , 19997 By Charles Jones Councilperson President of e City/council J;\ CITY\ POLICE \MISC \SiJBABUS\RESOLUTI.WPD -2- 97- 410 -7D DEPARTMENT OR AGENCY NUMBER CONTRACT ROUTING NUMBER CONTRACT THIS CONTRACT, made thisE day of , 1994, by and between the State of Colorado, for the use and benefit of the Department of Transpo ation, Office of Transportation Safety, 4201 East Arkansas Avenue, Denver, Colorado 80222, hereinafter referred to as the State, and the City of Pueblo for the use and benefit of the Pueblo Police Department, 130 Central Main Street, Pueblo, CO. 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 400, Appropriation Code 312, Object Number 5110, Org Unit 9803, Contract Encumbrance Number 9747, GBL OD13, FEIN Number 846000615A; and WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, the State is authorized under Sections 43 -5 -401 and 24-42 -103, C.R.S., as amended, to coordinate with the federal government and other entities to develop and implement plans and programs involving all aspects and components of traffic safety in Colorado; and WHEREAS, pursuant to Title 23 United States Code, Sections 402, 408, and 410, and to 23 Code of Federal Regulations, Parts 924, 1204 and 1205, the State has received approval and federal grant funding for implementation of its Fiscal Year 1996 Highway Safety Plan (HSP) from the U.S. Department of Transportation, National Highway Traffic Safety Administration; and WHEREAS, the HSP contains programs and activities which the State has determined, in accordance with applicable criteria, are designed to reduce the frequency and severity of alcohol and other drug related traffic crashes or improve the operational efficiency of existing traffic safety programs regarding the alcohol and drug impaired driver in Colorado; and WHEREAS, the State solicits and reviews Applications and determines which agencies or entities would be most appropriate in completing the objectives, conducting the activities and providing the services required by the HSP; and WHEREAS, the Contractor has submitted an Application to conduct certain activities approved in the HSP which Application has been approved by the State; and WHEREAS, the Contractor has the technical ability to properly complete the objectives and activities of the Application, as described on page 1 of Attachment A of this Contract; and Page 1 of 5 pages WHEREAS, it has been determined no State agency can reasonably conduct the activities and provide the services required of the Contractor; and WHEREAS, this contract is executed by the State under authority of Sections 43 -5-401 and 24-42- 101, C.R.S., as amended, and is executed by the Contractor under authority of Section 29 -1 -203, C.R.S., as amended, and as authorized by the formal resolution attached hereto; and WHEREAS, the Contractor warrants it has taken all necessary steps to ensure the individual Contractor signatory below has the authority to sign this Contract. NOW THEREFORE, it is hereby agreed as follows: 1. The following Attachments and other documents are incorporated as terms and conditions of this Contract, to the extent consistent with this Contract. A. State "Special Provisions" B. Attachment A - Contract Objective and Tasks C. Office of Transportation Safety Contract Management Manual D. The Project Application The Contractor shall comply with all such terms and conditions in the performance of the work. 2. If a conflict occurs between the terms and conditions of this Contract proper and the attachments herto, the priority to be used to resolve such conflict shall be as follows: A. State "Special Provisions" B. This Contract proper C. Attachment A - Contract Objective and Tasks D. Office of Transportation Safety Contract Management Manual E. The Project Applications 3. The Contractor shall carry out the program, conduct all the activities and provide the services described and detailed on page 1 of Attachment A. 4. In the performance of the work, the Contractor shall comply with all applicable administrative procedures and contract requirements contained in the October 1, 1994 Colorado Highway Safety Contract Management Manual. 5. The Contractor shall submit periodic and final reports to the State according to the requirements of the Contract Manual and the reporting criteria set forth on page 2 of Attachment A. 6. The Contractor shall comply with the budget for this contract as set forth on page 3 of Attachment A. The Contractor shall be solely responsible for all costs incurred in excess of this budget amount. Page 2 of 5 pages 7. The total estimated program costs shall be $160,657. Subject to the conditions of this contract, the State and Contractor shall participate in providing this amount as follows: A. State share (federal funds) shall not exceed: $21,000 B. Contractor share (estimated in -kind services as detailed in application): 139.657 C. Total estimated program costs: $160,657 The State share shall be comprised entirely of federal funds made available to the State. The State share amount of this Contract shall not be exceeded. If the actual total program costs are less than the estimated total program costs as a result of the contractor's failure to supply all of the estimated contractor share, the state's share shall be reduced proportionately. The term "proportionately" means the ratio of actual expenditures to total planned expenditures for both State and contractor shares. The contractor may increase the contractor share without further state approval, but this increase shall have no impact on the state share. 8. The State shall reimburse the Contractor for the satisfactory performance of this Contract exclusively from funds made available for this contract under the Highway Safety Act, Title 23, U.S.C. Section 410. Such reimbursement shall be only as provided in the Contract Manual. Such reimbursement shall be contingent upon the contribution by the Contractor of its participating share as provided herein, and shall be contingent upon the continuing availability of federal funds under the Highway Safety Act, Title 23, U.S.C. Section 410, for the purposes hereof. 9. The term of this Contract shall begin on the effective date and shall terminate on September 30, 1997. The effective date of this Contract shall be the date the required signature approval of the State Controller is obtained on this Contract, as evidenced by the date first appearing above. Contractor agrees that any contract work performed or costs incurred prior to the effective date shall not be compensated under the terms of this Contract. 10. The Contractor shall be cognizant of and shall fully comply with all local, State, and federal requirements applicable to the performance of the work under this federally funded contract. Such federal requirements include Title 49 Code of Federal Regulations, Part 18, (the "Common Rule "), which is incorporated herein as terms and conditions of this contract as though fully set forth. The requirements of 49 CFR 18 include, without limitation: a) accounting standards of section 18.20, and allowable costs under section 18.22; b) audits under section 18.26, and record retention and access under section 18.42; c) procurement procedures of section 18.36(d); d) the specific contract provisions described in section 18.36(1). Also, incorporation by the Contractor of those specific provisions into any subcontract(s) as terms and conditions of those subcontracts. 11. a) Termination Due to Loss of Funding The parties hereto expressly recognize the Contractor is to be paid, reimbursed, or otherwise compensated solely with federal funds provided to the State for the purpose of contracting for the services provided for herein. Therefore, the Contractor expressly understands and agrees 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 such funds or any part thereof are not received by the State, the State may immediately terminate or amend this Contract. Page 3 of 5 pages b) Termination for Cause If, for any cause, the Contractor shall fail to fulfill in a timely and proper manner its 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 30 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. Not withstanding the above, the Contractor shall not be relieved of liability to the State for any damages sustained by the State by virtue of a 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. c) Termination for Convenience The State may terminate this Contract at any time the State determines the purposes of the distribution of 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 20 days before the effective date of such termination. 12. INDEPENDENT CONTRACTOR THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT 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, AND THEY SHALL HAVE NO AUTHORIZATION, EXPRESS OR IMPLIED, TO BIND THE STATE TO ANY AGREEMENTS, SETTLEMENTS, LIABILITY, OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. THE CONTRACTOR SHALL BE RESPONSIBLE TO THE STATE FOR THE ULTIMATE RESULTS OF PERFORMANCE REQUIRED HEREUNDER BUT SHALL NOT BE SUBJECT TO THE DIRECTION AND CONTROL OF THE STATE AS TO THE MEANS AND METHODS OF ACCOMPLISHING THE RESULTS. THE SPECIFICATIONS IN THIS CONTRACT OF PARTICULAR PERFORMANCE STANDARDS THE STATE DEEMS ESSENTIAL TO PROPER PERFORMANCE AND CONTRACT VALUE SHALL IN NO EVENT BE DEEMED TO ALTER THIS RELATIONSHIP. CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX WITHHOLDING, INCLUDING ALL FEDERAL AND STATE INCOME TAX ON ANY MONEYS PAID PURSUANT TO THIS GRANT CONTRACT. THE CONTRACTOR 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 ACKNOWLEDGES THAT CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO THE BENEFITS OF WORKER'S COMPENSATION INSURANCE OR UNEMPLOYMENT INSURANCE UNLESS THE CONTRACTOR OR A THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. 13. The Special Provisions attached hereto are hereby made a part hereof. Page 4 of 5 pages IN WITNESS WHEREOF, the parties hereto have caused the foregoing Contract to be executed by their duly authorized officers the day and year first above written. City of Pueblo Contractor: Position: Mayor Contractor: ' Position: Ctdef APPROVED AS TO FORM: City of Pue Attorney STATE OF COLORADO ROY ROMER, GOVERNOR By G MATTHEW REAY Branch Manager Transportation Safety & Traffic Engineering Branch ATTEST ATTEST City of Pue o Chief Clerk Clerk Department of Transportation APPROVALS CLIFFORD W. HALL GALE NORTON State Controller Attorney neral j ia By By RGE MCCUL R, tontroller BARRY B. RYA Department of Transportation Assistant Attorney General Civil Litigation Section Page 5 of 5 Pages COLORADO DEPARTMENT OF TRANSPORTATION CONTRACT OBJECTIVE PLAN State Program: Public Ways Contracting Agency: Pueblo Police Department State Sub - Program: Transportation Safety Project Coordinator: Sergeant Dayton Robinson Problem Solution Plan: Contract Period: Effective Date to September 30, 1997 Project #97- 410 -7D HSP #97 -01 ask #13 -07 Objective: The Pueblo Police Department will conduct a substance abuse prevention program which will target the high risk population on he legal requirements for driving while impaired and the consequences caused by impaired driving through September 30, 1997. Task Activity # Activity Description 13 -07.1 Start the project within 30 days of the effective date of the contract and conduct the substance abuse prevention program within the City of Pueblo by conducting the activity which was approved and funded in the Approved Application. The goal of this project will be the reduction of traffic fatalities and injuries caused by impaired drivers within the targeted population. 13 -07.2 Involve the students of each of the City's high schools in an on going program of intervention and prevention of their own design regarding substance abuse. In addition, schedule officers to carry out the activites stated in Part B of the Approved Application. 13 -07.3 Submit quarterly claims for reimbursement in accordance with the Contract Management Manual and within the budget summary which is found on Attachment A, page 3 of 3. 13 -07.4 Submit quarterly reports to the Office of Transportation Safety by January 20, April 20, July 20 and October 20, 1996 and submit the Final Report by November 15, 1997. Previous editions are obsolete and may not be used CDOT Form #1106 7/92 Attachment A , page 1 of 3 COLORADO DEPARTMENT OF TRANSPORTATION CONTRACT EVALUATION DATA 11 1 Project # 97- 410 -7D HSP # 97 -01 Task #13 -07 Task Activity # Evaluation Description Type of Report evaluation time frame 13 -07.1 When was the project started? On time? What date? What Performance Quarterly are (if any) the problems encountered? What groups are in the partnership /project? How are they involved? 13 -07.2 What type of events were conducted or planned? What Performance Quarterly agencies received a benefit from the project? Number of people affected? How is the material (if any) distributed? 13 -07.3 Is the budget limitation, which is found on Attachment A, Financial Quarterly page 3 of 3, being followed? If not, what problems have been encountered? 13 -07.4 Are the Quarterly /Final Reports being submitted according to Administrative Quarterly /Final the Contract Management Manual requirements? Previous ealtions are ODSOIete ana may not De used GUU I rOrm V - 17u/ 7/92 Attachment A page 2 of 3 BUDGET ALLOCATION FOR HSP# 97 -01 TASK# 13 -07 Cost category OTS($) Agency($) Total($) Personal Services $18,500 $139,657 $158,157 Operating expenses $2,500 -0- $2,500 Travel expenses -0- -0- -0- Capital equipment -0- -0- -0- Other -0- -0- -0- Totals $21,000 $139,657 $160,657 DISTRIBUTION OF OTS FUNDS (BENEFIT OF): STATE $ 0 LOCAL $21,000 BUDGET ALLOCATION FOR HSP# TASK# Cost category OTS($) Agency($) Total($) Personal Services $139,657 $160,657 Operating expenses Travel expenses Capital equipment Other Totals DISTRIBUTION OF OTS FUNDS (BENEFIT OF): STATE $ LOCAL $ BUDGET ALLOCATION FOR HSP# TASK# Cost category OTS($) Agency($) Total($) Personal Services Operating expenses Travel expenses Capital equipment Other Totals DISTRIBUTION OF OTS FUNDS (BENEFIT OF): STATE $ LOCAL $ TOTAL BUDGET OTS($) Agency($) Total($) $21,000 $139,657 $160,657 Previous editions are obsolete and may not be used CDOT Form #1108 5192 Attachment A , page 3 of 3