HomeMy WebLinkAbout07080ORDINANCE NO. 7080
AN ORDINANCE APPROVING AND ACCEPTING A COLORADO DEPARTMENT OF
TRANSPORTATION 2004 LAW ENFORCEMENT ASSISTANCE FUND (LEAF) GRANT, AWARD
NO. L -42 -04 AND APPLICABLE CONDITIONS PERTAINING THERETO, ESTABLISHING
PROJECT NUMBER PD0401 THEREFORE, AND BUDGETING AND APPROPRIATING FUNDS
IN THE AMOUNT OF $62,000.00
WHEREAS, the City Council of Pueblo has the authority on behalf of the City of Pueblo,
including its Police Department, to accept grants from the State of Colorado for public and
municipal purposes and to enter into agreements relating thereto, and
WHEREAS, the Colorado Department of Transportation has tendered 2004 LEAF Grant
Award No. L -42 -04 (the "Award ") in the amount of $62,000.00 upon conditions recited therein or
incorporated therein by reference; and
WHEREAS, acceptance of the Award for the purposes for which it has been made 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 ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Awarding of Grant No. L -42 -04 to the City of Pueblo, a true copy of which is attached
hereto, is hereby accepted in accordance with its terms and conditions and is approved effective
as of January 1, 2004.
SECTION 2.
Funds in the amount of $62,000 are hereby budgeted and appropriated in Project Number
PD0401, and shall only be expended and used for this Project.
SECTION 3.
The President of the City Council is authorized to execute the Award acceptance in the
name of and on behalf of the City of Pueblo, a Municipal Corporation, and the City Clerk is directed
to affix the Seal of the City thereto and attest same.
INTRODUCED November 10, 2003
BY Al Gurule
Councilperson
APPROVED: C/
President of City Council
ATTEST:
•
PASSED AND APPROVED November 24, 2003
Milk
Background Paper for Proposed
ORDINANCE
AGENDA ITEM #1 3
DATE: NOVEMBER 10, 2003
DEPARTMENT: POLICE DEPARTMENT
CHIEF JAMES W. BILLINGS, JR.
TITLE
AN ORDINANCE APPROVING AND ACCEPTING A COLORADO
DEPARTMENT OF TRANSPORTATION 2004 LAW ENFORCEMENT
ASSISTANCE FUND (LEAF) GRANT, AWARD NO. L -42 -04 AND APPLICABLE
CONDITIONS PERTAINING THERETO, ESTABLISHING PROJECT NUMBER
PD0401 THEREFORE, AND BUDGETING AND APPROPRIATING FUNDS IN
THE AMOUNT OF $62,000.00
ISSUE
Should the City of Pueblo accept a 2004 CDOT LEAF Grant on behalf of the
Police Department in the amount of $62,000.00?
RECOMMENDATION
The Department recommends acceptance of this grant to continue DUI
enforcement efforts.
BACKGROUND
This grant will allow the Police Department to increase its efforts in DUI
enforcement throughout the 2004 grant year. Community awareness efforts will
continue through collaboration with the Pueblo DriveSmart coalition. Additionally,
the Minnequa Merchants Association will benefit from continued enforcement of
alcohol related problems in the Bessemer area. This grant will also fund an
additional Intoxilyzer to process DUI /DRE arrests.
FINANCIAL IMPACT
There is no match required for this grant. The only financial impact to the City
would be the pension cost for old hire pension individuals for overtime DUI
enforcement.
•r
Project No. L -42-04
DEPARTMENT OR AGENCY NUMBER: HAA
CONTRACT ROUTING NUMBER: 04 HTS 00055
CONTRACT
THIS CONTRACT, made this M -6 day of G v - , 200 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 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 403, Appropriation Code 304, ORGN 9821, FEIN #84- 6006 -15W and GBL# ; Le q �-
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.
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NOW THEREFORE, it is hereby agreed as follows:
1. The Contractor's Approved LEAF Application, the LEAF Contract Management Manual dated
February 1, 2000 and LEAF Application Guidelines, 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 $62,000, as described in Attachment C. The State shall participate in the
payment as provided herein.
State's maximum (from LEAF) $62,000
TOTAL AMOUNT $62 9 000
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 terminate on
December 31, 2004.
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.
2
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 parry 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.
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.
3
3PECIAI, PROVISIONS
(For Use Only with Inter- Governmental Contracts)
1. CONTROLLER'S APPROVAL. CRS 2430 -202 (1)
This contract shall not be deemed valid until it has been approved by the Controller of the State of Colorado or such assistant as he may designate.
2. FUND AVAILABILITY. CRS 24 -30 -202 (5.5)
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.
3. INDEMNIFICATION.
To the extent authorized by law, the contractor shall indemnify, save, and hold harmless the State 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.
No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits,
protection, or other provisions for the parties, of the Colorado Governmental Immunity Act, CRS 2410 -101 et seq. or the Federal Tort Claims
Act, 28 U.S.C. 2671 et seq. as applicable, as now or hereafter amended.
4. INDEPENDENT CONTRACTOR. 4 CCR 801 -2
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 BY THE STATE PURSUANT TO
THIS CONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE
BENEFITS UNLESS THE CONTRACTOR OR 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, LIABII-rl'Y, OR
UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. CONTRACTOR SHALL PROVIDE AND KEEP W FORCE WORKERS' COMPENSATION (AND
PROVIDE PROOF OF SUCH INSURANCE WHEN REQUESTED BY THE STATE) 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.
5. NON - DISCRIMINATION.
The contractor agrees to comply with the letter and the spirit of all applicable state and federal laws respecting discrimination and unfair employment
practices.
6. CHOICE OF LAW.
The laws of the State of Colorado and rules 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 reference which purports to negate this or any 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, defense, or otherwise. Any provision rendered null and void by the
operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution.
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.
Software Piracy Prohibition Governor's Executive Order
No State or other public funds payable under this Contract shall be used for the acquisition, operation or maintenance of computer software
in violation of United States copyright laws or applicable licensing restrictions. The Contractor hereby certifies that, for the term of this
Contract and any extensions, the Contractor has in place appropriate systems and controls to prevent such improper use of public funds. If
the State determines that the Contractor is in violation of this paragraph, the State may exercise any remedy available at law or equity or
under this Contract, including, without limitation, immediate termination of the Contract and any remedy consistent with United States
copyright laws or applicable licensing restrictions.
8. EMPLOYEE FINANCIAL INTEREST. CRS 24 -18 -201 & CRS 24 -50 -507
The signatories aver that to their knowledge, no employee of the State of Colorado has any personal or beneficial interest whatsoever in the
service or property described herein.
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
CONTRACTOR:
Legal Name of Contracting Entity
STATE OF COLORADO:
BILL OWENS, GOVERNOR
B $,^ o, c .,r--
r�T E. Norton
Executive Director
Colorado Department of Transportation
Social Secuf'tvlYumber or FEIN
of Authorized Officer
Bill Sova
President of City Council
Print Name & Title of Authorized Officer
APPROVED AS TO FORM:
(An attestation is required.)
Attest (Seal) By
(Towel y /County Clerk)
LEGAL REVIEW:
KEN SALAZAR, ATTORNEY GENERAL
By WAIVED 4 -17 -98
CRS 24 -30 -202 requires that the State Controller approve all state contracts. This contract is not valid until the State Controller, or such
assistant as he may delegate, has signed it. The contractor is not authorized to begin performance until the contract is signed and dated
below. If performance begins prior to the date below, the State of Colorado may not be obligated to pay for the goods and/or services
provided.
STATE CONTROLLER:
U:a0so 11,I1a-YA 1eIIEll till
By
GEORGE CCULLAR, CDOT CONTROLLER
Date _ f _ `L "'Fs ) d U-3
COLORADO DEPARTMENT OF TRANSPORTATION
LEAF CONTRACT ATTACMMNT A
LCAr utsaltl: i ivr— FLAN
LEAF project # L -42 -04
Responsible Agency pueblo Police Department
Contract Period 1 -1 -04 through 12 -01 -04
Project Coordinator Sgt Steve Zittel
LEAF Objective:
L- 42 -04: To increase and improve the enforcement of the laws pertaining to alcohol and drug related
traffic offenses within the by performing dedicated DUI enforcement and activities described in the
Approved Application and summarized below.
Activity #
Activity Description
1
Provide officers through out the term of this contract to perform dedicated DUI /DRE
enforcement duties and activities within the City of Puebloas stated in the Approved
Application.
2
Conduct at least two sobriety checkpoints or saturation patrols during 2004. 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 Pueblo Police Department from the 2003 level.
COLORADO DEPARTMENT OF TRANSPORTATION
LEAF CONTRACT ATTACEMONT C
EL A.F.
LEAF Project # L- 42 -04- Pueblo Police Department
REVENUES
TOTAL LEAF Funds
62,000
mxrcnxo
Category
LEAF Funds
Personal Services
$55,000
Operating expenses
$1000
Capital equipment
$6000
Travel expenses
$
TOTAL
1 $62,000