HomeMy WebLinkAbout8074RESOLUTION NO. 8074
A RESOLUTION APPROVING A CONTRACT BETWEEN
THE CITY OF PUEBLO, A MUNICIPAL CORPORATION
AND THE STATE OF COLORADO RELATING TO
TRANSPORTATION SAFETY 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
a letter of intent to the Colorado Department of Transportation, Office of Transportation Safety to
receive Occupant Protection Twist Campaign Federal Highway Safety Grant funding for a project
for improvement of transportation safety through promotion of seat belt and child seat use and other
activities (the "Project "); and
WHEREAS, the State has approved the Occupant Protection Twist Campaign and has
prepared a Contract for the Project identified as Project No. NA 15 which requires the City of Pueblo
to provide certain functions and activities for the Project; 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 Project Contract term covers parts of 2 fiscal years (1997 + 1998), and that
this Resolution is intended to approve the participation of the City for both fiscal years, subject to
the availability of federal funding for the 1998 fiscal year and subject to and contingent upon City
appropriations therefor, if necessary, for any future fiscal year obligations by City; and
WHEREAS, the State of Colorado requires a resolution by the City Council of the City of
Pueblo formally approving the Contract for the Project and authorizing the proper signature to be
affixed to the Contract indicating such approval; and
WHEREAS, the undertaking of the 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 March 24, 1997 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 transportation safety (Project No. NA 15), 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, and subject and contingent upon
appropriations, if necessary, 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.
INTRODUCED: March 24, 1997
By John Verna
Councilperson
ATTEST: APPROVED:
City Clerk6 President o the CXy Council
J:\CIMPOLICE\MISC\TRNSSFTY\nSOLUT2.WPD -2-
DEPARTMENT OR AGENCY NUMBER:
CONTRACT ROUTING NUMBER: .
CONTRACT
THIS CONTRACT, made this /. y of , 199 _7, by and between the State of
Colorado, for the use and benefit of the Colorado Departme of Transportation, Office of Transportation
Safety, 4201 East Arkansas Avenue, Denver, Colorado 80222 hereinafter referred to as the State or "CDOT
OTS" and the City of Pueblo, for the use and benefit of the Pueblo Police Department, 130 Central Main St.,
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 303, Org. Unit 9815, Contract Encumbrance Number 9115, GBL NA15, and FEIN #
846000615 -A, for the financial obligation of the State under this Contract for the 1997 federal fiscal year,
ending 9/30/97. New numbers must be assigned and sufficient funds encumbered effective 10/1/97 for the
financial obligation of the state under this contract for the 1998 federal fiscal year, ending 9/30/98; and
WHEREAS, required approval, clearance and coordination has been accomplished from and with
appropriate agencies; and
WHEREAS, sections 42-4 -236 and 237, C.R.S. (1996 Cum. Supp.), require the use of child restraint
systems and safety belt systems in motor vehicles, under the conditions described therein;
WHEREAS, federal highway safety funds have been made available to the State under Title 23 U.S.C.
Section 402 for increasing the enforcement and education of safety belt and child car seat use in Colorado;
and
WHEREAS, the Colorado Department of Transportation (CDOT), Office of Transportation Safety (OTS)
is responsible, under sections 24-42 -103, 43 -1- 103(2), 43 -1 -105, and 43- 4-402, C.R.S., and Title 23 U.S.C.
Section 402 to administer those funds for that purpose; and
WHEREAS, the CDOT OTS has created the Occupant Protection Twist Campaign, to encourage local
authorities to increase the use of safety belts, and the use of child restraint systems by the state's children by
providing grants of Title 23 U.S.C. Section 402 federal highway safety funds to local law enforcement to aid in
the enforcement and education of safety belt and child car seat use in Colorado; and
WHEREAS, the State is authorized to allocate the occupant protection enforcement mini -grant funds by
contract to local authorities (cities and counties) to benefit the health and safety of persons in Colorado by the
implementation of local programs developed by the local authorities for occupant protection enforcement; and
WHEREAS, the federal highway safety grant funds are anticipated to cover 2 federal fiscal years, and
the parties desire to Contract for that entire 2 year term, provided that the 2nd year of that term is made
subject to the availability and budgeting of federal funds for that purpose;
WHEREAS, the Contractor has submitted a Letter of Intent to accept such federal highway safety grant
funds and to perform such enforcement work, pursuant to the terms of this Contract; and
Page 1 of 6 pages
WHEREAS, the Contractor has available the technical ability to properly perform the project and to
address the occupant protection enforcement objectives of the CDOT OTS; and
WHEREAS, this Contract is executed by the State under authority of 29 -1 -203, 24-42 -103 ,
43 -1- 103(2), 43 -1 -105, and 43- 4-402, C.R.S., and Title 23 U.S.C. Section 402, and by the Contractor under
sections 29 -1 -203 and 30 -11 -101, 31 -15 -101 C.R.S. or home rule charter, as applicable, and the attached
resolution.
NOW THEREFORE, it is hereby agreed as follows:
1. The Contractor's Letter of Intent, the CDOT OTS Contract Management Manual dated October 1,
1994, the State Highway Safety Rules at 2CCR 602 -1, and Attachments A, B and C are incorporated herein
by this reference as terms and conditions of this contract. The Contractor acknowledges that it has received
copies of the CDOT OTS Contract Management Manual, the Application Guidelines, and the State Highway
Safety Rules. The Contractor shall comply with all terms and conditions of this Contract. In the event of a
conflict between the terms of this Contract and the terms of the incorporated materials, the following priority
shall be used to resolve such conflict:
A. State Highway Safety Rules; then
B. CDOT OTS Contract Management Manual and Guidelines; then
C. This Contract; then
D. Attachments A, B, C, in that order; then
E. Letter of Intent.
2. The Contractor shall carry out the program and shall perform the activities which are specifically
described in the contract and are generally described in Attachment A (collectively, "the project ").
3. The Contractor shall submit timely reports to the State detailing the performance of each one of the 8
"enforcement waves ", as described in Activity # 3 of Attachment A, according to the contract specifications
and reporting criteria described in Attachments A and B.
4. Project Funding Provisions The total budget amount authorized by this Contract for the actual costs
of the project work is $1,500 per wave, as described in Attachment C. The State shall pay this total budget
amount, as provided herein.
a. State's total share (1997) $4,500
b. State's total share (1998) $7,500
4. A. Provided, that if Contractor does not perform any one or more of the 8 "enforcement waves ", as
described in Activity # 3 of Attachment A and within the specific dates provided therefore, according to the
contract specifications and reporting criteria described in Attachments A and B, then the Contractor shall not
be reimbursed for any wave or waves that it did not so perform. Provided, further, that the State's obligation
for the total share for federal fiscal year 1998 shall be contingent upon those federal funds being appropriated,
budgeted, and otherwise made available to CDOT OTS therefore, and the Contractor shall not perform any
part of the 1998 federal fiscal year services described herein until CDOT OTS provides written notice to the
Contractor that the 1998 funds are available. Any such work performed by the Contractor without that notice
shall be at Contractor's sole expense and shall not be reimbursed by CDOT OTS.
Page 2 of 6 pages
4. B. The Contractor has agreed to provide the services and at the rates and on the terms as described
herein as needed to satisfactorily perform and complete the Contract work for a term spanning both 1997 and
1998 federal fiscal years, subject to the availability of funding. Funds are currently available and encumbered
for the work for the 1997 federal Fiscal Year in the amount specified above, but no funds are currently
encumbered for the 1998 federal Fiscal Year. The State, unilaterally, has the right to increase the amount of
available funds under this Contract. In that event, the State will notify the Contractor thereof by Funding
Letter. The Funding Letter will be in a form substantially equivalent to that in Attachment D, and it shall not be
deemed valid until it shall have been approved by the State Controller or such assistant as he may designate.
4. C. The State shall use the occupant protection mini -grant funds exclusively to pay 100% of the actual
costs incurred by the Contractor for the project work up to the State's maximum share amount of 100% of
$4,500 TOTAL. Provided, however, that the State's maximum share shall not exceed the amount of $4,500
for any reason, including if the Contractor voluntarily pays more than the minimum amount required of the
Contractor under this contract, unless this contract is supplemented in writing to that effect prior to the
incurring of any cost in excess of the total budget amount.
4. D. It is anticipated that the Contractor may voluntarily provide either payment of actual costs or in -kind
services exceeding its contract amount requirement in order to establish the project on a permanent basis,
provided that it is expressly understood that any such voluntary payment or services shall not increase the
State's maximum share under this contract.
4. E. If the Contractor incurs project costs which exceed the budget amount without first obtaining an
approval in that amount by written contract amendment, the Contractor shall be solely responsible for the
payment of such excess costs.
4. F. The State's share of the total budget amount will be provided solely from the occupant protection
enforcement mini -grant application funds. Any obligation of the State under this Contract is contingent upon
occupant protection enforcement mini -grant application funds being available for this Contract and upon the
Contractor carrying out the eight scheduled enforcement waves.
4. G. The State will pay the Contractor for the State's share of actual costs incurred on a monthly basis,
subject to prior review and approval by the State of work performance and pursuant to payment procedures
contained in the CDOT OTS Contract Management Manual. The Contractor shall maintain an itemized ac-
counting of all billings and other records to support all costs charged to the Contract and shall present same to
the State upon request.
4. H. The obligation of the Contractor for all or any part of the payment obligations set out herein shall
only extend to monies duly and lawfully appropriated for the purpose of this Contract by the Governing Body of
the Contractor. The Contractor hereby represents and warrants that the monies to pay for the Contractor's
obligations described herein have already been legally appropriated through 9/30/97 by the Governing Body
for the purpose of this Contract. Continuation of this project through June 30, 1988 will be solely dependent
on available federal funds in fiscal year 1998.
5. The effective date of this contract shall be the date the Controller of the State of Colorado approves
this contract, or such later date specified herein. The Contract shall begin after April 1, 1997 and terminate on
June 30, 1998.
6. The Contractor agrees that any subcontracts entered into by the Contractor under this Contract must
meet all applicable State and Federal requirements and must be approved by the Office of Transportation
Safety prior to execution by the Contractor.
Page 3 of 6 pages
7. a) Termination Due to Loss of Funding The parties hereto expressly recognize that the Contractor is
to be paid, reimbursed, or otherwise compensated solely with certain funds provided to the State for the
purpose of contracting for the services provided for herein. 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 or Contractor may immediately terminate this Contract.
b) Termination for Cause If, through any cause, either party shall fail to fulfill in a timely and proper
manner the obligations under this Contract, or if either party shall violate any of the covenants, agreements or
stipulations of this Contract, the non - breaching party shall thereupon have the right to terminate this Contract
for cause by giving written notice to the breaching party such termination and specifying the effective date
thereof, at least thirty (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 of 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.
Notwithstanding the above, the breaching party shall not be relieved of liability to the non - breaching party
for any damages sustained by the non - breaching party by virtue of a breach of the Contract by the breaching
party, and the State may withhold any payments to the Contractor for the purpose of set off until such time as
the exact amount of damages due the State from the Contractor is determined, if the Contractor is a breaching
party.
c) Termination for Convenience Either party may terminate this Contract at any time that it determines
that the purpose of the distribution of monies under the Contract would no longer be served by completion of
the Project. Such party shall effect such termination by giving written notice of termination to the other party
and specifying the effective date thereof, at least twenty (20) days before the effective date of such termi-
nation.
8. The Contractor shall adopt a resolution substantially in the form presented by the State, which
approves this Contract, and authorizes a signatory to execute this Contract. A copy of such resolution shall be
attached to and made a part of this Contract.
9. INDEPENDENT CONTRACTOR RELATIONSHIP 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. CONTRACTOR SHALL PAY WHEN DUE
ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES
PAID PURSUANT TO THIS CONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR
AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE
CONTRACTOR OR A THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT
PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. CONTRACTOR SHALL HAVE NO
AUTHORIZATION, EXPRESS OR IMPLIED, TO BIND THE STATE TO ANY AGREEMENTS, LIABILITY, OR
UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. 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.
10. The Special Provisions are attached hereto and hereby made a part hereof as terms
and conditions of this contract.
Page 4 of 6 pages
11. The Local Agency /Contractor shall be cognizant of and fully comply with all federal
requirements applicable to the performance of the Work, and /or applicable to any procurement
for the Work, under this federally funded contract. Such requirements include Title 49, Code of
Federal Regulations, Part 18, unless other applicable federal requirements are more specific and
therefore supersede the provisions of 49 CFR Part 18. Part 18 requirements include, without
limitation
a) the Local Agency /Contractor shall follow applicable procurement procedures, as required
by section 18.36(d);
b) the Local Agency /Contractor shall request and obtain prior CDOT approval of changes to
any subcontracts in the manner, and to the extent required by, applicable provisions of
section 18.30;
c) the Local Agency /Contractor shall comply with section 18.37 concerning any subgrants;
d) to expedite any CDOT approval, the Local Agency /Contractor's attorney, or other
authorized representative, shall also submit a letter to CDOT certifying Local
Agency /Contractor compliance with section 18.30 change order procedures, and with
18.36(d) procurement procedures, and with 18.37 subgrant procedures, as applicable;
e) the Local Agency /Contractor shall incorporate the specific contract provisions described
in 18.36(1) (which are also deemed incorporated herein) into any subcontract(s) for such
services as terms and conditions of those subcontracts.
Page 5 of 6 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: 4L
_
Position: Mayor/Co+issig6er
Contractor: ` �
Position: Zff owc F
STATE OF COLORADO
ROY ROMER, GOVERNOR
By k L a , i�,
MATTHEW A. REAY, MANAGER
TRANSPORTATION SAFETY A
TRAFFIC ENGINEERING BRANCH
APPROVED AS TO FORM:
City of Pueblo
Attorney
ATTEST:
City of Pu to
Clerk
CLIFFORD W. HALL
Controller
tt 6kb i t MCC LLAR
Controller
ATTEST:
Chief Clerk
Department of Transportation
APPROVALS
GALE NORTON
Attorney Ger}prz
Department of Transportation
Z
BARRY B. RYAN v
Assistant Attorney General
Civil Litigation Section
Page 6 of 6 pages
COLORADO DEPARTMENT OF TRANSPORTATION
CONTRACT FINANCIAL BUDGET
PROJECT # NA15 - Pueblo Police Department
BUDGET ALLOCATION FOR HSP# TASK#
Cost category OTS($) Agency($) Total($)
Personal Services $12,000 -0- $12,000
Operating expenses
Travel expenses
Capital equipment
Other
Totals $12,000 -0- $12,000
DISTRIBUTION OF OTS FUNDS (BENEFIT OF): STATE $ -0- LOCAL $12,000
BUDGET ALLOCATION FOR HSP# TASK#
Cost category
OTS($)
Agency($)
Total($)
Personal Services
Total($)
Personal Services
Operating expenses
Operating expenses
Travel expenses
Travel expenses
Capital equipment
Capital equipment
Other
Other
Totals
Totals
I DISTRIBU 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
OTS($)
Agency($)
Total($)
TOTAL BUDGET
$12,000
$ -0-
$12,000
Previous editions are obsolete and may not be used
CDOT Form #1108 5192
Attachment A , page 3 of 3