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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