HomeMy WebLinkAbout7304RESOLUTION NO. 7304
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A
MUNICIPAL CORPORATION AND THE STATE OF COLORADO RELATING TO THE
PREVENTION OF SUBSTANCE ABUSE BY JUVENILES 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 project for the prevention of substance abuse by
juveniles and the enforcement of laws pertaining to driving under
the influence of alcohol or other drugs, or other substance abuse
violations; and
Whereas, the State has approved the application and has
prepared Program Contract #94- 410 -09 which requires the City of
Pueblo to provide certain 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 Police Department; and
Whereas, 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, THERFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
The contract dated February 14, 1994, between the City of
Pueblo, a Municipal Corporation and the State of Colorado for the
use and benefit of the Colorado Department of Transportation
relating to the prevention of substance abuse by juveniles, a
true copy of which is in the office of the City Clerk, having
been approved as to form by the City Attorney, is hereby approved
subject to appropriations being available therefor in the 1994
Budget.
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.
Subject to appropriation, the $30,963 local matching funds is
authorized to be paid out of Account # 001 - 0140 - 143 - 000 - 010 -0103
INTRODUCED: February 14, 1994
By PATRICK AVALOS
Councilperson
ATTEST:
- 0/"- �- , k'
C Clerk (A
APPROVED:
( of the City Council
DEPARTMENT OR AGENCY NUMBER
CONTRACT ROUTING NUMBER
C O N T R A C T
THIS CONTRACT, made this , /O'/ / day of / �c1�"�'� , 1994, by
and between the State of Colorado, for the use and benefit of the
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 use and benefit of the
Pueblo Police Department, 130 Central Main Street, Pueblo, Colorado
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 312, Object Number 5110, Org Unit 9804,
Contract Encumbrance Number 9597, GBL Number 0918; and
WHEREAS, required approval, clearance and coordination has
been accomplished from and with appropriate agencies; and
WHEREAS, the State is authorized under Sections 43 -5 -401 and 24-
42 -103, C.R.S., as amended, to coordinate with the federal government
and other entities to develop and implement plans and programs
involving all aspects and components of traffic safety in Colorado;
and
WHEREAS, pursuant to Title 23 United States Code, Sections 402,
408, and 410, and to 23 Code of Federal Regulations, Parts 924, 1204
and 1205, the State has received approval and federal grant funding
for implementation of its Fiscal Year 1994 Highway Safety Plan (HSP)
from the U.S. Department of Transportation, National Highway Traffic
Safety Administration; and
WHEREAS, the HSP contains programs and activities which the State
has determined, in accordance with applicable criteria, are designed
to reduce the frequency and severity of alcohol and other drug related
traffic crashes or improve the operational efficiency of existing
traffic safety programs regarding the alcohol and drug impaired driver
in Colorado; and
WHEREAS, the State solicits and reviews Applications and
determines which agencies or entities would be most appropriate in
completing the objectives, conducting the activities and providing the
services required by the HSP; and
WHEREAS, the Contractor has submitted an Application to conduct
certain activities approved in the HSP which Application has been
approved by the State; and
WHEREAS, the Contractor has the technical ability to properly
complete the objectives and activities of the Application, as
described in Attachment A of this Contract; and
Page 1 of 5 pages
WHEREAS, it has been determined no State agency can reasonably
conduct the activities and provide the services required of the
Contractor; and
WHEREAS, this contract is executed by the State under authority of
Sections 43 -5 -401 and 24 -42 -101, C.R.S., as amended, and is executed
by the Contractor under authority of Section 29 -1 -203, C.R.S., as
amended, and as authorized by the formal resolution attached hereto;
and
WHEREAS, the Contractor warrants it has taken all necessary steps
to ensure the individual Contractor signatory below has the authority
to sign this Contract.
NOW THEREFORE, it is hereby agreed as follows:
1. The following Attachments and other documents are incorporated
as terms and conditions of this Contract, to the extent consistent
with this Contract.
A. State "Special Provisions"
B. Attachment A - Contract Objective and Tasks
C. Office of Transportation Safety Contract Management
Manual
D. The Project Application
E. Attachment B - Scope of Work (if other than Attachment A)
The Contractor shall comply with all such terms and conditions in
the performance of the work.
2. If a conflict occurs between the terms and conditions of this
Contract proper and the attachments hereto, the priority to be used to
resolve such conflict shall be as follows:
A. State "Special Provisions"
B. This Contract proper
C. Attachment A - Contract Objective and Tasks
D. Office of Transportation Safety Contract Management
Manual
E. The Project Application
F. Attachment B - Scope of Work (if other than Attachment A)
3. The Contractor shall carry out the program, conduct all the
activities and provide the services described in the Scope of Work
attached hereto as Attachment A and detailed in Attachment A.
4. In the performance of the work, the Contractor shall comply
with all applicable administrative procedures and contract
requirements contained in the November 1, 1992 Colorado Highway Safety
Contract Management Manual.
5. The Contractor
State according to the
reporting criteria set
6. The Contractor
as set forth in page 3
solely responsible for
amount.
shall submit periodic and final reports to the
requirements of the Contract Manual and the
forth in page 2 of Attachment A.
shall comply with the budget for this contract
of Attachment A. The Contractor shall be
all costs incurred in excess of this budget
Page 2 of 5 pages
7. The total estimated program costs shall be $43,963. Subject
to the conditions of this contract, the State and Contractor shall
participate in providing this amount as follows:
A. State share (federal funds)
shall not exceed $13,000
B. Contractor share 30,963
(estimated in -kind services as
detailed in application)
C. Total estimated program costs $43,963.
The State share shall be comprised entirely of federal funds made
available to the State. The State share amount of this Contract shall
not be exceeded. If the actual total program costs are less than the
estimated total program costs as a result of the contractor's failure
to supply all of the estimated contractor share, the state's share
shall be reduced proportionately. The term "proportionately" means
the ratio of actual expenditures to total planned expenditures for
both State and contractor shares. The contractor may increase the
contractor share without further state approval, but this increase
shall have no impact on the state share.
8. The State shall reimburse the Contractor for the satisfactory
performance of this Contract exclusively from funds made available for
this contract under the Highway Safety Act, Title 23, U.S.C. Section
410. Such reimbursement shall be only as provided in the Contract
Manual. Such reimbursement shall be contingent upon the contribution
by the Contractor of its participating share as provided herein, and
shall be contingent upon the continuing availability of federal funds
under the Highway Safety Act, Title 23, U.S.C. Section 410, for the
purposes hereof.
9. The term of this Contract shall begin on the effective date
and shall terminate on September 30, 1994. The effective date of this
Contract shall be the date the required signature approval of the
State Controller is obtained on this Contract, as evidenced by the
date first appearing above. Contractor agrees that any contract work
performed or costs incurred prior to the effective date shall not be
compensated under the terms of this Contract.
10. The Contractor agrees that any subcontract entered into under
this Contract shall meet all applicable state and federal
requirements, including the requirements in Title 49, C.F.R. Section
18.36 concerning competitive procurements, and must be approved by the
Director, Office of Transportation Safety, prior to execution.
Contractor shall not assign this Contract without prior written
approval of the State: any assignment without such approval shall be
void.
11. a) Termination Due to Loss of Funding The parties hereto
expressly recognize the Contractor is to be paid, reimbursed, or
otherwise compensated solely with federal funds provided to the State
for the purpose of contracting for the services provided for herein.
Therefore, the Contractor expressly understands and agrees 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
such funds or any part thereof are not received by the State, the
State may immediately terminate or amend this Contract.
Page 3 of 5 pages
b) Termination for Cause If, for any cause, the Contractor
shall fail to fulfill in a timely and proper manner its 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 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.
Not withstanding 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 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 20 days before the effective date
of such termination.
12. Independent Contractor 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.
13. The Special Provisions attached hereto are hereby made a part
hereof.
Page 4 of 5 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
Chief Cler
Transportatio Department
STATE OF COLORADO
ROY ROMER, GOVERNOR
JOHN E. CONGET -, DIREC'T`OR
OFFICE OF TRANSPORTATION SAFETY
ATTEST
/)-,* 'L
4"� k i � Cler of City of Pueb o
CLIFFORD W. HALL
STATE CONTROLLER
BY /,��g& BY
FORGE MCCULLAR, CONTROLLER
Department of Transportation
Contractor
GALE NORTON
Attorney General
BARRY B. RYAN
Assistant Attorney General
Natural Resources Section
Page 5 of 5 pages
COLORADO DEPARTMENT OF TRANSPORTATION
CONTRACT OBJECTIVE PLAN
State Program:
Public Ways
Contracting Agency:
Pueblo Police Departme
State Sub - Program:
Transportation Safety
Project Coordinator:
Jim Billings
Problem Sol ti n pla
'�n�ova�ive Prevention Pro
C ontnffHerio
ec ive date to 9
Project # 94- 410 -09
HSP # 94 -01
FTas,# 18 -09
Objective:
The Pueblo Police Department will conduct a substance abuse prevention program
which will provide officers to work with the schools in an effort to maintain a
drug free atmosphere. In addition, officers will detect and cite offenders
involved in juvenile alcohol violations.
Task
Activity #
Activity Description
18 -09.1
Start the project within 30 days of the effective date of the
contract and conduct the substance abuse prevention program within
the City of Pueblo in the schools and increase enforcement of
alcohol /drug laws involving juveniles.
18 -09.2
Schedule officers to conduct and carry out the activities which
will enable the department to be active in the schools and other
officers to patrol for related violations.
18 -09.3
Submit quarterly claims for reimbursement in accordance to the
Contract Management Manual and within the budget summary which is
found on Attachment A.
18 -09.4
Complete the baseline information form (which will be provided
during the Pre -Work Conference) by April 20, 1994.
18 -09.5
Submit quarterly reports to the Office of Transportation Safety by
April 20, July 20, and October 20, 1994 and submit the final report
by November 15, 1994.
Previous editions are obsolete and may not be used CDOT Form #1106
7/92
Attachment A , page 1 of 3
COLORADO DEPARTMENT OF TRANSPORTATION
CONTRACT FINANCIAL BUDGET
PROJECT # 94- 410 -09
OTS($)
BUDGET ALLOCATION FOR HSP# 94 -01 TASK# 18 -09
Cost category
OTS($)
Agency($)
Total($)
Personal Services
13,000
30,963
43,963
Operating expenses
-0-
-0-
-0-
Travel expenses
-0-
-0-
-0-
Capital equipment
-0-
-0-
-0-
Other
-0-
-0-
-0-
Totals
13,000
30,963
43,963
DISTRIBUTION OF OTS FUNDS (BENEFIT OF): STATE $ LOCAL $13,000
ALLOCATION FOR HSP# TASK#
Cost category
OTS($)
Agency($)
Total($)
FPers
ervices
xpenses
ns es
ipment
Other
Totals
DISTRIBUTION OF OTS FUNDS (BENEFIT OF): STATE $ LOCAL $
LLOCATION FOR HSP# TASK#
ost category
OTS($)
Agency($)
Total($)
FPers onal vices
penses
ses
ment
Other
Totals
DISTRIBUTION OF OTS FUNDS (BENEFIT OF): STATE $ LOCAL $
TOTAL BUDGET
OTS($)
Agency($)
Total($)
$13,000
$30,963
-
$43,963
Previous editions are obsolete and may not be used
Attachment A page 3 of 3
CDOT Form #1108
5192