HomeMy WebLinkAbout8562RESOLUTION NO, 8562
A RESOLUTION APPROVING THE LAW ENFORCEMENT ASSISTANCE FUND (LEAF)
CONTRACT L -25-99 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 §434401 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 -25 -99 which does not require the City of Pueblo to provide 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 -25 -99 has been presented to the City of Pueblo for
approval; and
WHEREAS, a resolution by the City of Pueblo formally approving the LEAF
Contract, 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 -25-99 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.
SECTION 2
The President of the City Council is authorized to execute and deliver the LEAF
Contract L -25-99 in the name of the City and the City Clerk is directed to affix the seal of
the City thereto and attest same.
INTRODUCED November 9. 1998
BY: Corinne Koehler
Councilperson
APPROVED: U
ATTEST: Pre kknt 0Gft CAndl
City Cle
COUNCIL AGENDA
f l� 9A8
TITLE DEPARTMENT OF TRANSPORTATION 1999 LEAF GRANT
DEPARTMENT: Pueblo Police Dept. DATE: November 9, 1998
ISSUE: The City Council should decide whether or
not to accept the 1999 LEAF Grant in the
amount of $58,000.
RECOrMENDATIONS: The Pueblo Police Department recommends
approval of the 1999 LEAF Grant.
BACKGROUND/ The Pueblo Police Department is currently
ANALYSIS: a participating LEAF Grant Agency. The
LEAF Grant cycle consists of three (3)
years on the grant and one (1) year off.
The original requested amount was for
$166,524.00. These monies were to be
used to pay for overtime funding for
officers to do enforcement and public
relations /educational activities. It was
also to be used to purchase portable
breath testers and a DUI enforcement
vehicle. CDOT cut 750 of the salaries
request, the DUI vehicle as well as six
(6) of the 12 portable breath testers.
The $58,000, which they approved, is to
be used for enforcement overtime
salaries, six (6) portable breath testers
and one intoxilizer. LEAF Funds come
from surcharges that are assessed to DUI
violators and this year there is no
requirement for matching funds.
FINANCIAL: As noted above, there is no financial
impact to the City.
I .
DEPARTMENT OR AGENCY NUMBER: L -25 -99
CONTRACT ROUTING NUMBER: '39 C LWY .
CONTRACT
THIS CONTRACT, Made this I ` day of i:o-£ rrihlir , 199 by and between the State of
Colorado, for the use and benefit of the Colorado Department of Transportation, 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 305, ORGN 9821, Contract Encumbrance Number 9586, FEIN#
846000615 -A and GBL #73LF;
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 $58,000, as described in Attachment C. The State shall participate in the
payment as provided herein.
State's maximum (from LEAF) $58,000
TOTAL AMOUNT $58,000
The State shall use LEAF funds exclusively to pay for the actual costs incurred by the
Contractor for the project work up to the State's maximum. 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 budget amount will be provided solely from LEAF funds. Any obligation of the State
under this Contract is contingent upon LEAF funds being available for this Contract. The State will
pay the Contractor for actual costs incurred on a 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.
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, 1999,
and shall terminate on December 31, 1999.
Page 2 of 7 Pages
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 may immediately terminate
this Contract.
b) Termination for Cause If, through any cause, the Contractor shall fail to fulfill in a timely and
proper manner the obligations under this Contract, or 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 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 Contractor shall not be relieved of liability to the State for any
damages sustained by the State party 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 that it
determines that the purpose 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 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 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, 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.
Page 3 of 7 Pages
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.
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: 6"
Position: Mayor
,,M
Position: C
STATE OF COLORADO
ROY ROMER, GOVERNOR
By:
UILLERMO . VI AL
Executive Director
Colorado Department of Transportation
APPROVED AS TO FORM:
City of Pueblo
Attorney
ATTEST
By:
TOM E. TAL
Director a Services
rado Department of Transportation
ATTEST
% "� - - ';Z� / /�-'l ��
City of beblo ief Clerk
Clerk olorado Department of Tra
APPROVALS
FOR THE STATE CONTROLLER GALE NORTON
Clifford W. Hall Attorney General
By: By (WAIVED ON 4- 17 -98)
G ORG MCCULLAR, Controller BARRY B. RYAN
Colorado 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 be 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 eertifled 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 -26 -106.
INDEMNIFICATION
4. To the extent authorized by law, the contractor 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
S. The contractor agrees to comply with the letter and spirit of the Colorado Anti diseriatinatioa Act of 1957, as amended. and other applicable law respecting
discrimination and unfair employment practices (CRS 2431 402). and as required by Executive Order. Equal Opportunity and Affirmative Action. dated April 16,
1975. Pursuant thereto. the following provisions shall be contained in all State contracts or sub- contracts.
Daring 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 conmactor will cake affirmative action to insttte that applicants are empbyed. and that
employees are treated during employment. without regard to the above mentioned characteristics. Such action shall include. but awl be limited io the following:
employmew upgrading, demotion. or transfer. reanimhent or recrinunc tt adverdsingt; layoffs or Laminations; rates of pay or other foams of compensation, and
selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees sad applicants for employment,
notices to be provided by the contracting 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, creed, color. national origin. sex. marital status, religion, ancestry. mental or physical handicap.
or age.
(c) The contractor will tend to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or
understanding, notice w 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 contractor and labor unions will furnish all information and reports required by Executive Order. Equal Opportunity and Afru=tive 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
contracting 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
Revised 1/93
39S -S3 -01 -1022
page _ l of 2 pages
(g) In the event of the contractor's non - compliance with the non - discrimination clauses of this contract or with any of such rules, regulations, or orders,
this contract may be canceled. terminated or suspended in whole or in part and the contractor may be declared ineligible for further State contracts in
accordance with procedures, authorized in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975 and the rules, regulations, or
orders promulgated in accordance therewith, and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order,
Equal Opportunity and Affirmative Action of April 16, 1975, or by rules, regulations, or orders promulgated in accordance therewith, or as otherwise
provided by law.
(h) The contractor will include the provisions of paragraphs (a) through (h) in every sub - contract and subcontractor purchase order unless exempted by
rules, regulations, or orders issued pursuant to Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, so that such provisions will
be binding upon each subcontractor or vendor. The contractor will take such action with respect to any sub - contracting or purchase order as the contracting
agency may direct, as a means of enforcing such provisions. including sanctions for non - compliance: provided, however. that in the event the contractor
-becomes involved in, or is threatened with, litigation. with the subcontractor or vendor as a result of such direction by the contracting agency, the contractor
.(nay request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado.
COLORADO LABOR PREFERENCE
6a. Provisions of CRS 8 -17 -101 6t 102 forpreference of Colorado labor arc applicable to this contract if public works within the State are undertaken hereunder and
are financed in whole or in part by State funds.
b. When a construction contract for a public project is to be awarded to a bidder, a resident bidder shall be allowed a preference against a non - resident bidder from
a state or foreign country equal to the preference given or required by the state or foreign country in which the non. resident bidder is a resident. If it is determined by
the officer n:sponsible for awarding the bid that compliance with this subsection .410 may caws denial of federal funds which would otherwise be available or would
otherwise be inconsistent with requirements of Federal law, this subsection shall be suspended, but only to the extent necessary to prevent denial of the moneys or to
eliminate the inconsistencv with Federal requirements (CRS 8 -19 -101 and 102)
GENERAL
7. The laws of the State of Colorado and inks and regulations issued pursuant thereto shall be applied in the interpretation, execution, and enforcement of this
contract. Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extra- judicial body or person or which
is otherwise in conflict with said laws, rules. and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by referp►ce
which purports to aegate this or aey other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint.
defence, or otherwise. Any provision •tendered null and void by the operation of this provision will act invalidate the remainder of this contract to the extent that the
contract is capable of execution.
8. At all times during the performance of this contract. the Contractor shall strictly adhere to all applicable federal and state laws, rules. and regulations that have
been or may hereafter be established.
9. The signatories aver that they are familiar with CRS I8- 8-301, et. seq., (Bribery and Corrupt Influences) and CRS 18- 8-401. et. seq., (Abuse of Public Office),
and that no violation of such provisions is present.
10. The signatories aver that to their knowledge. so state employee has any personal or beneficial interest whatsoever in the service or property described herein:
WITNESS WHEREOF, the parties hereto have executed this Contract on the day first above written.
Contract
(Full Legal Name) STATE OF COLORADO
ROY ROMER, GO
Position (Title)
St
If Corporation:)
Attest (Seal)
By
Corpo
ATTORNEY GEN
By
By
•t EXECI.MVE
DEPARTMENT
OF
APPROVALS
CONTROLLER
By
Forin 1193
Revised IN3 Page 2 which is the last u( 7 pages
Rev
31S -S3.Ot -1030
COLORADO DEPARTMENT OF TRANSPORTATION
LEAF CONTRACT ATTACHMENT A
LEAF OBJECTIVE PLAN
LEAF project # L -25 -99
Responsible Agency Pueblo Police Department
Contract Period 1 -1 -99 through 12 -31 -99
Project Coordinator Captain George A. Rivera
LEAF Objective:
L- 25 -99: 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.
Activity #
Activity Description
1
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 1999. 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 CDOT's 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
Make all reasonable efforts to increase the DUI alcohol and drug related arrests
within the Pueblo Police Department by 5% from the 1998 level.
COLORADO DEPARTMENT OF TRANSPORTATION
T.FnF CONTRACT ATTACHMENT B
LEAF REPORTING CRITERIA
LEAF Proiect # L -25 -99 - Pueblo Police
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 -25 -99 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 are required to use the software so the Colorado
Department of Transportation can better manage the statewide 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
LEAF Project # L -25 -99 - Pueblo Police
REVENUES
TOTAL LEAF Funds
$58,000
EXPENSES
Category
LEAF Funds
Personal Services
$49,800
Operating expenses
$2,100
Capital equipment
$6,100
Travel expenses
$0
TOTAL
$58,000