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HomeMy WebLinkAbout8261RESOLUTION NO. 8261 A RESOLUTION APPROVING THE LAW ENFORCEMENT ASSISTANCE FUND (LEAF) CONTRACT L -32 -98 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 LEAF project for the prevention of drunken driving and the enforcement of laws pertaining to the driving under the influence of alcohol or other drugs, pursuant to §43 -4 -401 through 404, CRS and to LEAF Rules at 2 CCR 602.1; and WHEREAS, the State has approved the application and has prepared LEAF Contract L -32- 98 which requires the City of Pueblo to provide certain matching funds for this project; and WHEREAS, the City Council of Pueblo has the authority to enter into contracts on behalf of the City of Pueblo, including its Pueblo Police Department; and WHEREAS, LEAF Contract L- 32 -98, which requires the local agency to provide matching funds in the amount of $201,868.00, has been presented to the City of Pueblo for approval; and WHEREAS, a resolution by the City of Pueblo formally approving the LEAF Contract, obligating the required local match funds, and authorizing the proper signature to be affixed to the Contract indicating such approval is required by the State of Colorado, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that SECTION 1 The terms, conditions and obligations of the LEAF Contract L -32 -98 between the City of Pueblo and the State of Colorado, a copy of which is attached hereto, having been approved as to form by the City Attorney, are hereby approved subject to unencumbered appropriations being available therefor in the 1998 budget. SECTION 2 The President of the City Council is authorized to execute and deliver the LEAF Contract L -32 -98 in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 3 The City Council hereby declares its intent to appropriate and allocate for 1998 sufficient funds within the budget of the Pueblo Police Department to satisfy the City's local funding requirements of the LEAF Contract L- 32 -98. ATTEST: City Cle INTRODUCED: October 27, 1997 By S miiPl Cors n i no Councilperson M2 296 - Man President of V City/Council Revised - 10/21/97 -2- DEPARTMENT OR AGENCY NUMBER: L -32 -98 CONTRACT ROUTING NUMBER: 98 q7 0/03( CONTRACT 14 THIS CONTRACT, Made this day of 2 199, by and between the State of Colorado, for the use and benefit of the Colorado Department artment of Trans pi r4ation Office of Transportation Safety, 4201 East Arkansas Avenue, Denver, Colorado 80222 (hereinafter referred to as "the State ") and the City of Pueblo, for 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 403, Appropriation Code 304, ORGN 9841, Contract Encumbrance Number 9586, FEIN# 846000615 -A and GBL #37LF; WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, the Legislature has created the Law Enforcement Assistance Fund (LEAF) for the prevention of drunken driving (43 -4-401 through 43- 4-404, CRS, replacement edition); and WHEREAS, LEAF has been established to provide funds to aid in the prevention of drunken driving and the enforcement of laws pertaining to driving under the influence of alcohol and drugs; and WHEREAS, pursuant to §43- 4-404, C.R.S., the State is authorized to allocate LEAF 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 drunken driving prevention and law enforcement improvements; and WHEREAS, the Contractor has submitted a LEAF project funding Application, which has been approved by the State; and WHEREAS, the Contractor has established a qualified program, consistent with current State Highway Safety rules at 2CCR 602 -1, to coordinate efforts to prevent drunken driving and to enforce laws pertaining to driving under the influence of alcohol and drugs within its jurisdiction; and WHEREAS, the Contractor has available the technical ability to properly perform the project as described in the Approved Application and to address the LEAF objectives of the Legislature; and WHEREAS, this Contract is executed by the State under authority of 29 -1 -203, 43 -1 -106, 43 -4-402 and 403, and 24-42 -103 CRS, and by the Contractor under sections 29 -1 -203 and 30 -11 -101, 31 -15 -101 CRS or home rule charter, as applicable, and the attached resolution. Page 1 of 7 pages NOW THEREFORE, it is hereby agreed as follows: 1. The Contractor's Approved LEAF Application, the LEAF Contract Management Manual dated August 1, 1992 and LEAF Application Guidelines dated July, 1992, 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 LEAF 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. LEAF Contract Management Manual and Guidelines; then C. This Contract; then D. Attachments A, B, C, in that order; then E. Approved Application. 2. The Contractor shall carry out the program and shall perform the activities which are specifically described in the Approved Application and are generally described in Attachment A (collectively, "the project "). 3. The Contractor shall submit quarterly reports to the State detailing the performance of this Contract according to the reporting criteria described in Attachment B. 4. Project Funding Provisions The total budget amount authorized by this Contract for the actual costs of the project work is $243,868, as described in Attachment C. The State and the Contractor shall participate in the payment of this total budget amount, as provided herein. A State's maximum (from LEAF) $42,000 17( %) B. Contractor's share $201,868 83( %) TOTAL AMOUNT $243,868 (100 %) The State shall use LEAF funds exclusively to pay for 17% of the actual costs incurred by the Contractor for the project work up to the State's maximum share amount of $42,000 (17% of $243,868). Provided, however, that the State's maximum share shall not exceed the amount of $42,000 for any reason, including if the Contractor voluntarily pays more than the minimum match 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. The Contractor shall provide a minimum match share of $201,868 (83% of $243,868), either in payment of actual costs incurred for the project work or in the performance of in -kind services on the project, which reimbursement be directly related to the enforcement of laws pertaining to driving under the influence of alcohol or other drugs. Page 2 of 7 pages It is anticipated that the Contractor may voluntarily provide either payment of actual costs or in -kind services exceeding its minimum match 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. In addition, if the Contractor fails to provide the total amount of its minimum match share the State's obligation to pay its percentage share shall be reduced in direct proportion to the extent of such failure, so that the State's obligation will be reduced $17 for each $83 (17 % -83 %) the Contractor fails to provide. Upon notice from the State, the Contractor shall repay the State any amount that was paid by the State and that a subsequent audit determines the Contractor exceeded the State's percentage of obligation under this contact. If the Contractor incurs project costs which exceed the Attachment C 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. The State share of the total budget amount will be provided solely from LEAF funds. Any obligation of the State under this Contract is contingent both upon LEAF funds being available for this Contract and upon the Contractor providing its minimum share. The State will pay the Contractor for the State's share of actual costs incurred on a monthly or quarterly basis, subject to prior review and approval by the State of work performance and pursuant to payment procedures contained in the LEAF Contract Manual. The Contractor shall maintain an itemized accounting of all billings and other records to support all costs charged to the Contract and shall present same to the State upon request. 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 by the Governing Body for the purpose of this Contract. 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 January 1, 1998, and shall terminate on December 31, 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. 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 Con- tractor 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. Page 3 of 7 Pages 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 setoff 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 termination. 8. The Contractor shall adopt a resolution substantially in the form presented by the State, which approves this Contract, obligates the necessary local monies to pay for its share of costs or in -kind services 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. 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 deemed to be an agent or employee of the State. The Contractor shall pay, when due, all required employment taxes and 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. 11. 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: © 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 judgment as certified by the controller. Page 4 of 7 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: .A/Com issi ner Contractor:. Position: C VS. f APPROVED AS TO FORM: City of Pura"o Attorney ATTEST City of . pebio Clerk STATE OF COLORADO ROY ROMER, GOVERNOR By L LLERMO V. cuti ector artment of Transportation By I' Jc MATTH W REAY Branch Manager Transportation Safety & Traffic Engineering Branch ST Chief Clerk Department of Transportation APPROVALS CLIFFORD W. HALL GALE NORTON Stat Controller f Attorney, neral B By + d / !�Z GE MCCULLAR, dontroller BAR KY B. RYA Department of Transportation Assistant Attorney General Civil Litigation Section 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 he 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 -25 -106. INDEMNIFICATION 4. To the extent authorized by law, the contactor 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 practices (CRS 24- 34402), and as required by Executive Order. Equal Opportunity and Affirmative Action, dated April 16, 1975. Pursuant thereto, the joUpwing 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 tale affirmative action to instlae that applcants are employed. and that employees are treated during employment, without regard to the above mentioned Via. Such action shall include, but trot be limited to the following: employmew.. upgrading, demotion. or tratrsfer, recruitment or recruitment advertisirgM layoffs 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 contacting 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, treed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age. (c) The contactor 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 contactor 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 contacting 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 Reviscd 1193 395-53-01-1022 P3 Ze 1 of 2 pages COLORADO DEPARTMENT OF TRANSPORTATION LEAF CONTRACT ATTACHMENT A LEAF OBJECTIVE PLAN LEAF Proiect # L -32 -98 Contract Period 1 -1 -98 through 12 -3 - 98 LEAF Objective: ible Agency Pueblo P olice Department Coordinator Captain George Rivera L- 32 -98: To increase and improve the enforcement of the laws pertaining to alcohol and drug related traffic offenses within the City of Pueblo by performing the activities described in the Approved Application and summarized below. I Activity # Activity Description Provide officers through out the term of this contract to perform DUI /DRE enforcement duties and activities within the City of Pueblo as stated in the Approved Application. 2 Conduct at least two sobriety checkpoints or saturation patrols during 1998. This can be in cooperation with a nearby agency, the State Patrol or solely by the Pueblo Police Department. 3 The Pueblo Police Department will be actively involved in The Heat Is On! DUI enforcement public awareness campaign by participating in the joint efforts. This includes, but not limited to, obtaining media interviews and media outreach, hosting media ride alongs and similar activities. The Pueblo Police Department will report back the requested data to CDOT by the specified times. 4 I Make all reasonable efforts to increase the DUI alcohol and drug related arrests within the Pueblo Police Department by 10% from the 1997 level. Form #1093 11 COLORADO DEPARTMENT OF TRANSPORTATION LEAF CONTRACT ATTACHMENT B W .A.F. LEAF REPORTING CRITERIA LEAF Project # L -32 -98 - Pueblo Police Department 1). Each quarter the Contractor shall submit a report to the Office of Transportation Safety in accordance with the LEAF Contract Management Manual. The Quarterly Reports will state all activity accomplishments as required by Contract Number L -32 -98 during the reporting period. The Pueblo Police Department will use the provided LEAF Grant Manager software package when compiling data and submitting the required reports. All recipients will be required to use the software so that the State can better manage the LEAF program. 2). No payment for cost incurred during the reporting period will be reimbursed by the Office of Transportation Safety if such Quarterly Reports are not current or are not compiled using the LEAF Grant Manager software program. 3). Upon completion of all LEAF activity the Pueblo Police Department will submit a Final Report in accordance with the LEAF Contract Management Manual. COLORADO DEPARTMENT OF TRANSPORTATION LEAF CONTRACT ATTACHMENT C F E. - LEAF Project # L -32 -98 - Pueblo Police Department REVENUES TOTAL Source of funds LEAF Local $243,868 $42,000 $201,868 EXPENSES Category Total Personal Services $215,080 Operating expenses $58,920 Capital equipment $ -0- Travel expenses $ -0- TOTAL $243,868 CDOT Form #1093 11/