HomeMy WebLinkAbout8615RESOLUTION NO. 8615
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 safety 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. NC 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 federal fiscal years (1999 + 2000),
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 1999 and 2000 fiscal years 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
between the City of Pueblo, a
Municipal Corporation and the State of Colorado for the use and benefit of the Colorado Department
is hereby approved subject to unencumbered appropriations being available
therefor, if necessary, in the City's 1998 budget, and subject and contingent upon
appropriations, if necessary, in the City's 1999 budget.
CFrT10M 7
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 January 25, 1999
BY John Verna
Councilperson
ATTEST:
COUNCIL AGENDA
TITLE: DEPT OF TRANSPORTATION 1998 -99 SEAT -BELT GRANT
DEPARTMENT: Pueblo Police Dept. DATE: January 25, 1999
ISSUE: The City Council should decide whether or
not to accept the 1998 -99 Seat Belt Grant
Project #NC -15 in the amount of $9,000.
RECOMMENDATIONS: The Pueblo Police Department recommends
approval of the 1998 -99 Seat Belt Grant.
BACKGROUND/ The Pueblo Police Dept has participated
ANALYSIS: in the "Do The Twist" Seat Belt Campaign
since April of 1997. The original grant
and a subsequent extension provided the
department with $15,000 in monies for
overtime seat belt law enforcement. This
new grant provides $9,000 for overtime
seat belt enforcement for the remainder
of 1998 and into 1999.
FINANCIAL: There is no matching funds or hiring
requirements in this grant, so there is
not a financial impact to the city.
DEPARTMENT OR AGENCY NUMBER:
CONTRACT ROUTING NUMBER /y rJDOI40
CONTRACT
THIS CONTRACT, made this J 7 day ofd -,ma
ru c ' 199 1 , 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 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, Object Number 5110, Org. Unit 9822, Contract Encumbrance Number 9115,
GBL NC15, and FEIN # 846000615A, for the financial obligation of the State under this Contract for the current
federal fiscal year, ending 9/30/99. New numbers must be assigned and sufficient funds encumbered effective
7/1/98 for the financial obligation of the state under this contract for the succeeding fiscal year(s), ending
9/30/99; 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 parties anticipate that the federal highway safety grant funds may cover several fiscal
years, and the parties desire to Contract for that entire term, provided that succeeding fiscal years of that term
shall be 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
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
Page 1 of 12 pages
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 into this
Contract by this reference as terms and conditions. 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, proper; then
D. Attachment A - Contract Objectives and Tasks; 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
"enforcement waves ", as described in Activity # 3 of Attachment A, according to the contract specifications and
reporting criteria described in Attachment A, page 1.
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 A, page 4. The State shall pay this total
budget amount, as provided herein.
a. State's total share (1999) $9,000
4. A. Provided, that if Contractor does not perform any one or more of the "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 Attachment A, 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 future fiscal years 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
future fiscal year_services described herein until CDOT OTS provides written notice to the Contractor that such
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.
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 the full term of this Contract,
subject to the availability of funding. Funds are currently available and encumbered for the work for the 1999
Fiscal Year in the amount specified above, but no funds are currently encumbered for future Fiscal Years. The
State may add funds, and /or exercise options to extend the period of performance or to order additional
services, and /or to order additional enforcement tasks, as described below:
Page 2 of 12 pages
Funding Letter
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.
Options (Performance Extension)
Options (Additional Services)
The State may require continued performance for a period of [one year] of any services within the limits and at
the rates specified in the contract. The State may exercise the option by written notice to the contractor
deposited in the mail before the end of the performance period of the contract using a form substantially
equivalent to Attachment E. [The State shall give the contractor twenty days preliminary written notice of its
intent to execute the option. Preliminary notice does not commit the State to an extension.] If the State
exercises this option, the extended contract shall be considered to include this option provision. The total
duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.
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.
Options (Additional Services)
Options (Contract Extension)
The State may increase the quantity of services called for in Paragraph 2, Attachment A at the unit price
specified therein. The State may exercise the option by written notice to the contractor deposited in the mail
[within twenty days of execution of the contract] [not later than 90 days prior to the expiration of the contract,
including any of its extension terms], using a form substantially equivalent to Attachment F. Performance of the
added services shall continue at the same rate and under the same terms as the like items called for under the
contract. 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.
Task Order Contract
Individual enforcement "waves" may be defined, negotiated, and ordered from time to time by agreement of the
parties based on the previously agreed to rates, such task orders hereinafter referred to as "orders ".
Amendments to terms and conditions, the ceiling amounts specified herein for task orders, or other provisions
of the contract other than as specified in this paragraph shall be by formal amendment processed and executed
in compliance with the Fiscal Rules and signed by the State Controller or his designee. Orders processed in
accordance with this paragraph to add enforcement "waves" shall occur as follows:
A. If the State has need of enforcement wave services, and the contractor agrees to provide those services, the State will provide a
definition of the requirement to the contractor. The contractor will propose a [price] [cost ceiling] for the task using the rates
agreed to. The proposal shall include the estimated number of hours, material costs, and amount of other elements of cost
fixed by the parties in agreed to rates, as well as the proposed time for performance, in a form acceptable to the State.
B. Upon negotiation and agreement by the parties about the scope of the task, the [price] [cost ceiling], and the time for
performance, the task order letter attached as Attachment G shall be prepared and signed by the parties.
C. Performance of the work, and payment for that work, shall be governed by the standards, procedures, and terms set forth in this
contract. Upon negotiation and acceptance of the task order, the contractor warrants that performance will be successfully
completed within the time and [price] [cost ceiling] identified in the task order. The State's financial commitment memorialized
by the task order letter shall not be effective until signed by the Controller or such assistant as he may designate.
D. The cumulative "not to exceed" amount for all additive tasks under this paragraph shall be $9,000. The State's financial
obligation is limited by this amount, and the contractor shall accept no orders which result in a cumulative contract value which
exceeds the "not to exceed" value. Amendments to the "not to exceed" amount, and any other modification or amendment to
the terms and conditions of this contract other than specified in this paragraph, must be in writing, executed in accordance with
the State Fiscal Rules, and be approved by the Controller or his designee.
Page 3 of 12 pages
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 $9,000 TOTAL.
Provided, however, that the State's maximum share shall not exceed the amount of $9,000 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 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
accounting 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 9/30/99 by the Governing Body for
the purpose of this Contract. Continuation of this project through September 30, 1999 will be solely dependent
on available federal funds in fiscal year 1999.
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 October 1, 1998 and terminate
on September 30, 1999.
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 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 or other
material prepared by the Contractor under this Contract shall, at the option of the State, become its property,
and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work
completed on such documents and other materials.
Page 4 of 12 pages
Not withstanding 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 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. 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.
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, as they currently exist and may hereafter be
amended, which are incorporated herein by this reference as terms and conditions of this contract.
Page 5 of 12 pages
62. Grant Assurances
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 sub -
grants;
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 6 of 12 pages
IN WITNESS WHEREOF, the parties hereto have caused the foregoing contract to be executed
by their duly authorized officers the day and year first above written.
City of Pueblo
Contractor:
Position: Mayor /Commissioner
Contractor:
Position: eriff /Chief
STATE OF COLORADO
ROY ROMER, GOVERNOR
By LIU
FOR THEE ECUTIV (RECTOR
COLORADO DEPARTMENT OF
TRANSPORTATION
APPROVED AS TO FORM:
City of Pueblo
Attorney
ATTEST
ATTEST:
L
City of Pu to 7�Chief Clerk
Clerk Department of Tra ortat' n
APPROVALS
CLIFFORD W. HALL
Controller
By By
RG CCULLAR
Controller
Department of Transportation
GALE NORTON
Attorney General
BARRY B. RYAN
Assistant Attorney Gei
Civil Litigation Section
Page 7 of 12 pages