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HomeMy WebLinkAbout6830RESOLUTION NO. 6830 A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND THE STATE OF COLORADO FOR USE AND BENEFIT OF THE COLORADO DEPARTMENT OF TRANSPORTATION, RELATING TO USE OF LAW ENFORCEMENT ASSISTANCE FUND ALLOCATION BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1. The Contract between the City of Pueblo and the State of Colorado for the use and benefit of the Colorado Department of Transportation identified as Contract No. L- 09 -92, a true copy of which is on file in the Office of the City Clerk, is hereby approved and the President of the City Council is authorized and directed to execute the Contract for and on behalf of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. CF.rTTr)M 7 _ The sum of not to exceed $88,580 of City funds required as local match funds or in kind services pursuant to said Contract, is hereby allocated and obligated from such funds as are appro- priated in the 1992 Budget for the use of the Police Department including any funds appropriated for personnel salaries and benefits. INTRODUCED: October 15 , 1991 By JOHN CALIFANO Councilperson ATTEST: APPROVED: �L L Ci y Clerk President of the City Cou cil !/ STATE OF COLORADO DEPARTMENT Of HIGHWAYS �N7 ti Division of Highway Safety 4201 East Arkansas Avenue Denver, Colorado 80222 o �y (303) 757 -9381 L -09 -92 September 23, 1991 Captain Richard Bravo Pueblo P.D. 130 Central Main Street Pueblo, CO 81003 Dear Captain Bravo: I am sending you four copies of your 1992 Law Enforcement Assist- ance Fund (LEAF) contract for signature. The State of Colorado requires your legislative body to adopt a formal resolution which approves the terms of the contract, obligates necessary funds to pay the local agency match for the LEAF project and delegates to a specific individual the authority to sign the contract on behalf of the City of Pueblo. I have enclosed a sample as a guide. Please return the four signed contracts and resolution to the Office of Transportation Safety by October 25, 1991. In late November or early December we will meet to discuss reporting requirements, reimbursement procedures and other matters concerning the 1992 LEAF project. Until then, if you have any questions you may contact me at (303) 757 -9462. '_ :1 - ' Paul S. Helzer Program Administrator enclosures )4 BUCKLE UP bCrTqz -15z0 DEPARTMENT OR AGENCY NUMBER L -09 -92 CONTRACT ROUTING NUMBER CONTRACT THIS CONTRACT, Made this `/7 day of /l oilelr- ­ , 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 P.D., 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 08528; 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) 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 X43 -4 -404, C.R.S., the State desires to allocate LEAF funds 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 pertain- ing to driving under the influence of alcohol and drugs within its juris- diction; 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 29 -1 -203, 43 -1 -106, 43 -4 -402 and 403, and 24 -42 -103 CRS, and by the Contractor under sections 1 29 -1 -203 and 3011 -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: I. The Contractor's approved LEAF Application, the LEAF Contract Management Manual dated December 1, 1990 and LEAF Application Guidelines dated July, 1987, 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 incorpo- rated materials, the following priority shall be used to resolve such conflict: A. State Highway Safety Rules; then B: This Contract; then C. LEAF Contract Management Manual and Guidelines; then D. Attachments A, B, C, in that order; then E. Approved Application. 2. The Contractor shall carry out the program and perform the activi- ties which are specifically described in the approved Application and are generally described in Attachment A. 3. The Contractor shall submit quarterly reports to the State detail- ing the performance of this Contract according to the reporting criteria described in Attachment B. 4. Project Funding Provisions The Contractor shall perform the pro- ject work. The total budget amount authorized by this Contract for the actual costs of the project work is $148,580, as described in Attachment C. The State and the Contractor shall participate in the payment of this total budget amount, as provided herein. The State shall use LEAF funds exclusively to pay for 40% of the actual costs incurred by the Contractor for the project work up to the State's maximum share amount of $60,000 (40% of $148,580). Provided, however, that the State's maximum share shall not exceed the amount of $60,000 for any reason, including if the Contractor voluntarily pays more than the minimum match amount required of the Contractor under this contract, unless this contract is supplemented in writing to that effect prior to the incurring of any cost in excess of the total budget amount. The Contractor shall provide a minimum match share of $88,580 (60% of $148,580) either in payment of actual costs incurred for the project work or in the form of in -kind services which are directly related to the enforcement of laws pertaining to driving under the influence of alcohol or other drugs as described in the project. It is anticipated that the Contractor may voluntarily provide either payment of actual costs or in- kind services exceeding its minimum match requirement in order to establish the project on a permanent basis, provided that it is expressly understood that any such voluntary payment or services shall not increase the State's maximum share under this contract. In addition, if the Contractor fails to provide the total amount of its minimum match share the State's obligation to pay its percentage share shall be reduced in direct proportion to the extent of such failure, so that_. the. State's obligation will be reduced $40 for each $60 (40 % -60 %) the Contractor fails to provide. Page 2 of 7 pages If the Contractor incurs project costs which exceed the Attachment C budget amount without first increasing that amount by written contract amendment, the Contractor shall be solely responsible for the payment of such excess costs. The State share of the total budget amount will be provided solely from LEAF funds. Any obligation of the State under this Contract is contingent both upon LEAF funds being available for this Contract and upon the Contractor providing its minimum share. The State will pay the Contractor for the State's share of actual costs incurred on a monthly or quarterly basis, subject to prior review and approval by the State of work performance and pursuant to payment procedures contained in the LEAF Contract Manual. The Contractor shall maintain an itemized accounting of all billings and other records to support all costs charged to the Contract and shall present same to the State upon request. The obligation of the Contractor for all or any part of the payment obligations set out herein shall only extend to monies duly and lawfully appropriated for the purpose of this Contract by the Governing Body of the Contractor. The Contractor hereby represents and warrants that the monies to pay for the Contractor's obligations described herein have been legally appropriated for the purpose of this Contract. The Contractor shall adopt a resolution approving this Contract, obligating the necessary monies to pay for its share of costs or in -kind services, and authorizing a signatory to execute this Contract. A copy of such resolution shall be attached to and made a part of this Contract. The total budget amount of this Contract is $148,580.00. The State and Contractor shall participate in the payment of this amount: A. State's maximum share (from LEAF) $60,000 B. Contractor's share $88,580 TOTAL AMOUNT $148,580 5. The effective date of this contract shall be the date the Control- ler of the State of Colorado approves this contract, or such later date specified herein. The term of the Contract shall begin January 1, 1992, and shall terminate on December 31, 1992. 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 express- ly 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. Page 3 of 7 Pages b) Termination for Cause If, through any cause, either party shall fail to fulfill in a timely and proper manner the obligations under this Contract, or if either party shall violate any of the covenants, agreements or stipulations of this Contract, the non - breaching party shall thereupon have the right to terminate this Contract for cause by giving written notice to the breaching party such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports of other material prepared by the Contractor under this Contract shall, at the option of the State, become its property, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Notwithstanding the above, the breaching party shall not be relieved of liability to the non - breaching party for any damages sustained by the non- breaching party by virtue of a breach of the Contract by the breaching party, and the State may withhold any payments to the Contractor for the purpose of setoff until such time as the exact amount of damages due the State from the Contractor is determined, if the Contractor is a breaching party. c) Termination for Convenience Either party may terminate this Contract at any time that it determines that the purpose of the distribu- tion 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 termi- nation. 8. The Contractor shall adopt a resolution substantially in the form presented by the State, which approves this Contract, obligates the necessary local funds, and authorizes the execution of this Contract. 9. The Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither the Contractor nor any agent or employee of the Contractor shall be deemed to be an agent or employee of the State. The Contractor shall pay, when due, all required employment taxes and compensation (and show proof of such insurance) and unemployment compensation insurance in the amounts required by law, and shall be solely responsible for the acts of the Contractor, its employees and agents. 10. The Special Provisions are attached hereto and hereby made a part hereof as terms and conditions of this contract. Page 4 of 7 Pages IN WITNESS WHEREOF, tract to be executed by first above written. ATTEST the parties hereto have caused the foregoing con - their duly authorized officers the day and year Chief Cl k f Department of Transportation STATE OF COLORADO ROY ROME$ GOVERNOR By -fie/• A/ tj Y ,CVAMBERLAIN Contractor Position• �YRES'�a�nT of TIrE uNCiL Contractor 1 , Position: Chief/ Execut Director Department of Transportation JOHN E. CONGER Director Office of Transporta 'on Safety ATTEST APPROVED AS TO FORM: ( 0.4 A IA" � dt , 1- 6� - e�7�� Ci y of Pueb o Cler City of Puebl ttorney APPROVALS CLIFFORD W. HALL State Controll r B GALE NORTON Attor a Gener By BARRY B. RtAN Assistant ttorney General Natural Resources Section Page 5 of 7 Pages