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HomeMy WebLinkAbout6453RESOLUTION N0, 6453 A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE COLORADO DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAY SAFETY RELATING TO THE USE OF LAW ENFORCEMENT ASSISTANCE FUNDING WHEREAS, the City of Pueblo Police Department has submitted an application to the Colorado Division of Highway Safety, Department of Highways, for funding a L.E.A.F. project for the prevention of drunken driving and the enforcement of laws pertaining to the driving under the influence of alcohol or drugs; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SFrTMN 1 The City Council of Pueblo does hereby approve the Law Enforcement Assistance Funding Contract #L -38 -90 between the Colorado Department of Highways and the City of Pueblo for the purpose of instituting a program to help prevent drunken driving and enforce laws pertaining to driving under the influence of alcohol and drugs and that such Contract is attached hereto and incorporated herein. SECTION 2: The President of the City Council is hereby authorized and directed to execute said L.E.A.F. Contract Agreement # L -38 -90 on behalf of the City of Pueblo and the City Clerk is hereby authorized and directed to attest said execution and impress thereon the Official Seal of the City of Pueblo. SECTION 3: The funding for the local match portion of this L.E.A.F. project, in the amount of $55,128, will be in the form of an "in- kind" match according to the terms of the Contract, made by the Pueblo Police Department out of personnel and funds made available to the Police Department under the 1990 Police Department Budget. ATTEST: CITY CLERK INTRODUCED October 23 f 1989 BY : DR. GILBERT GARBISO COUNCILMAN APPROVE . P SIDENT OF THE' OUNCIL Form 6 -AC -02A (R 1188) CONTRACT R P THIS CONTRACT, Made this 2 3 day of C F -X the State of Colorado for the use and benefit of the Department of " H Safety, 4201 E. Arkansas Avenue, Denver, CO 80 198 Y , by and between S, Division of Hiahwav hereinafter referred to as the State and the Ci of Pueblo ( for the 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 2001 , G/L Account Number 55906 , Contract Encumbrance Number 08526 ; and 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) (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, the State desires to utilize LEAF funds to benefit the health and safety of persons within Colorado by development of local programs implemented by local contractors furthering the above stated purpose; and WHEREAS, Contractor has submitted an Application for a LEAF Project which has been approved by the State and which is incorporated herein to the extent consistent with the terms of this contract; and WHEREAS, Contractor has established a qualified program consistent with current State Highway Safety rules to coordinate efforts to prevent drunken driving and to enforce laws pertaining to driving under the influence of alcohol and drugs; and WHEREAS, the Contractor has available the technical ability to properly perform the project as described in the Application and to address the LEAF objectives of the Legislature; and WHEREAS, this Contract is executed by the State under authority of 43 -1 -106, 43 -4 -402 and 403 CRS, and by the contractor under 29 -1 -203 and 30 -11 -101, 31 -15 -101 CRS or home rule charter, as applicable. "ARTMENT OR AGENCY NUMBER . -38 -90 CONTRACT RO TING NUMBER ,7r r �3 Page 1 of —y- pages 395 -53 -01 -1014 '(See instructions on re%erse of last page) NOW THEREFORE, it is hereby agreed as follows: 1. The Contractor's approved Application, the LEAF Contract Management Manual and Guidelines, the State Highway Safety Rules at 2CCR 602 -1, and Attachments A, B, and C are incorporated by reference in this contract. Contractor shall comply with all terms and conditions of these materials in the performance of this contract. 2. The Contractor shall carry out the program and conduct the activities described in the approved Application. Such program and activities shall include those summarized in Attachment A, which is attached hereto. 3. The Contractor will submit quarterly reports to the State detailing the performance of this Contract according to the reporting criteria set forth in Attachment B, which is attached hereto. 4. The budget for this Contract is set forth in Attachment C, which is attached hereto. Contractor shall not exceed this budget amount without prior written amendment to this contract, except by the use of Contractor funds in addition to those required in paragraph 6 (B). 5. Contractor shall perform this contract in accordance with all requirements and procedures of the LEAF Contract Management Manual and Guidelines. 6. The total amount of this Contract is $122,128. The State and Contractor shall share the total amount as follows: A. State maximum share (from LEAF) $ 67,000 B. Contractor's share $ 55,128 TOTAL AMOUNT $122,128 The maximum amount to be paid by the State under this contract shall not exceed the amount of $67,000 except upon the execution of a written Supplemental Contract to that effect prior to such extra cost being incurred. Payments will be made by the State to the Contractor on a monthly or quarterly basis, subject to prior review and approval of work performance and pursuant to payment procedures contained in the LEAF Contract Manual. The Contractor understands and agrees that the State share of this total amount will be provided solely from LEAF funds, and that any obligation of the State under this contract is contingent upon LEAF funds being made available for this Contract and upon the contribution by contractor of its participating share as provided herein. 7. 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 term of the Contract shall begin January 1, 1990, and shall terminate on December 31, 1990 or upon satisfactory completion of the project activities as determined by the State, whichever shall occur first. Page 2 of 6 pages 8. The Contractor agrees that any subcontracts entered into under this Contract shall meet all applicable State and Federal requirements and be approved by the Director of the Division of Highway Safety prior to execution. 9. 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 may immediately terminate or amend 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 if the Contractor 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 of 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. Notwithstanding the above, the Contractor shall not be relieved of liability to the State for any damages sustained by the State 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 the State determines that the purposes 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. 10. The Special Provisions are attached hereto and hereby made a part hereof. Page 3 of 6 pages IN WITNESS WHEREOF, the parties hereto have caused the foregoing contract to be executed by their duly authorized officers the day and year first above written. ATTEST STATE OF COLORADO ROY ROME, GOVERNOR v y tChief Cler RA7f CHAMBERLAIN Highway Department Executive Director Department of Highways Contractor Position: jj#w 7xfE IvANT OF THF- CON/V C lL Jf HN E. CON erector Division of Contractor Position: Chief of Police ATTEST W i P F / F � � APPROVED AS TO FORM: Safety City Attorney APPROVALS DUANE WOODARD Attorney General B Y BARRY B. RY Assistant Attorney General Natural Resources Section Page 4 of 6 pages CLIFFORD W. HALL Acting State Controller Form 6-AC -028 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 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 works for this State, the contractor shall, before entering the performance of any such work included in this contract, duly execute and deliver to and file with the official whose signature appears below for the State, 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 for the due and 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, 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, when so required, is executed, delivered and filed, no claim in favor of the contractor arising under this 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 38 -26 -106 CRS, as amended. 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 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 (24-34 -402. CRS 1982 Replacement Vol.), and as required by Executive Order, Equal Opportunity and Affirma- tive Action, dated April 16, 1975. Pursuant thereto, the following provisions shall be contained in all State contracts or subcontracts. During the performance of this contract, the contractor agrees as follows: (1) 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 take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to the above mentioned characteristics. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; lay -offs 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 pro- vided by the contracting officer setting forth provisions of this non - discrimination clause. (2) 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. (3) The contractor will send to each labor union or representative of workers with which he has collective bargaining agreement or other contractor understand- ing, 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. (4) The contractor 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 contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules, regulations and orders. (5) 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. (6) 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 dis- criminatory 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. 395 -53 -01 -1022 Revised 1/88 page 5 of 6 pages tx40-230e, -e11 Form 6- AC -02C (7) In the event of the contractor's non - compliance with the non - discrimination clauses of this contractor or with any of such rules, regulations, or orders, this contract may be cancelled, 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. (8) The contractor will include the provisions of paragraph ( l) through (8) 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 may 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 8-17- 101 dt 102. CRS for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereun- der and are financed in whole or in part by State funds. b. When construction contract for a public protect 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 deter- mined by the officer responsible for awarding the bid that compliance with this subsection .06 may cause denial of federal funds which would otherwise be avail- able 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 inconsistency with federal requirements (section 8 -19 -101 and 102, CRS). GENERAL 7. 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 extrajudicial 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. 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 hereto aver that they are familiar with 18- 8-301, et. seq., (Bribery and Corrupt Influences) and 18- 8-401. et. seq., (Abuse of Public Office), CRS 1978 Replacement Vol., and that no violation of such provisions is present. 10. The signatories aver that to their knowledge, no state employee has a personal or beneficial interest whatsoever in the service or property described herein: (Full Legal1A Position (Title) SLATE OF COLORADO ROY ROMER, GOVERNOR By 051 Soeud Security Number or Fed" LD. Number (If Corporation:) Attest (Seal) By Corp —to sociawy, or Egw,alam. Tarty my Cwt ATTORNEY APPROVALS CONTROLLER By By 399-S3-01-1030 (ttara.a 1/98) ra p 6 -hwk 1s tm toot d 6 p" n u1anx=om on nmm ems. DC•10.23011a11 COLORADO DEPARTMENT OF HIGHWAYS DIVISION OF HIGHWAY SAFETY LEAF CONTRACT ATTACHMENT A LEAF OBJECTIVE PLAN LEAF Project it Responsible Agency L -38 -90 Pueblo P.D. Contract Period Project Coordinator 1 -1 -90 through 12 -31 -90 Richard Bravo LEAF Oblectlw: --E] 38 -90 To increase and improve the enforcement of the laws pertaining to alcohol and drug related traffic offenses within the jurisdiction of the responsible agency. Activity M I Activity Description 38 -90 -1 Assign two officers throughout the term of this contract to fulltime DUI enforcement activity as stated in the approved application. 38 -90 -2 Schedule officers during peak periods on weekends and selected weeknights which have proven to have a high percentage of DUI violations and crashes. 38 -90 -3 Increase DUI related alcohol and drug related arrests by 10% from the level attained in 1988 which has been documented by the Division of Highway Safety. That 1988 level was 668. 38 -90 -4 Conduct a test case in Pueblo County court which establishes Nystagmus as a procedure to develop probable cause for a DUI violation. G00" FW011M 3/47 `:uuUr %tJV utwrvti I Mr.N I ut~ taunt#%►* DIVISION OF HIGHWAY SAFETY LEAF CONTRACT ATTACHMENT B LEAF REPORTING CRITERIA LEAF Project k 1.) Each quarter the Contractor shall submit a report to the Division of Highway Safety in accordance with the LEAF Contract Management Manual. The quarterly report will state all activity accomplishments during the reporting period. 2.) In addition to the required reporting criteria above, the Division requests the Contractor to voluntarily submit data on the type of traffic violation which ultimately resulted in a DUI arrest, and on the number of vehicle drivers who are stopped and are not in compliance with the safety belt law (CRS 42 -4 -236). 3.) Upon completion of all LEAF activity Contractor shall submit a final report in accordance with the LEAF Contract Management Manual. 81092 3/N COLORADO DEPARTMENT OF HIGHWAYS DIVISION OF HIGHWAY SAFETY LEAF CONTRACT ATTACHMENT C LEAF FINANCIAL BUDGET LEAF PROJECT N Total Cost Source of Funds LEAF Local $122,128 $67,000 $55,128 LEAF BUDGET SUMMARY F ory LEAF Agency Share Total LEAF Age cy ervices Operating Expenses Travel Expense Capital Equipment _ TOTALBUDGET $67,000 55,128 $122,128 1 55% 1 45% CDOH Porm 01093 3/87