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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