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RESOLUTION NO. 7506
A RESOLUTION APPROVING AN AGREEMENT
BETWEEN THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION AND THE STATE OF COLORADO
RELATING TO DRUNKEN DRIVING INNOVATIVE
PREVENTION 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 LEAF Project for innovative prevention of drunken driving and the enforcement of laws
pertaining to driving under the influence of alcohol or other drugs; and
WHEREAS, the State has approved the application and has prepared LEAF Contract for
Project No.95- 410 -11 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 LEAF Project 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 RESOLVED 13Y THE CITY COUNCIL OF PUEBLO, that:
Section 1.
The Contract dated NOU6M - 5fT- / 7 , 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 drunken driving innovative prevention, a true copy of which is attached
hereto, having been approved as to form by the City Attorney, is hereby approved subject to
appropriations being available therefor in the 1995 budget.
Section 2.
The President of the City Council is authorized to execute the Contract in the name of and
I .
on behalf of the City, and the City Clerk is directed to affix the seal of the City thereto and attest
same.
Section 3.
Subject to appropriation, the $41,161.00 in local matching funds is authorized to be paid out
of Account No. 001 - 140 - 143 -0 -10 -103
INTRODUCED November 28 , 1994
By CHARLES JONES
Councilperson
ATTEST: A ROVED:
C ty Clerk i resident of the City Council
J:\CITY\POLICE\MISC\RESOLEAF.WPD
DEPARTMENT OR AGENCY NUMBER: L -22 -95
CONTRACT ROUTING NUMBER: qs - 306
CONTRACT
THIS CONTRACT, Made this 171 day of / " d ���'�`'' , 199 y, 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 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 403, Appropriation Code 304, Contract Encumbrance Number 9584,, and 'GBL Number
-s-
L ;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 §43- 4404, 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.
Page 1 of 7 pages
NOW THEREFORE, it is hereby agreed as follows:
1. The Contractor's Approved LEAF Application, the LEAF Contract Management Manual dated
August 1, 1992 and LEAF Application Guidelines dated July, 1992, 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 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 $291,472, as described in Attachment C. The State and the Contractor
shall participate in the payment of this total budget amount, as provided herein.
A. State's maximum share (from LEAF) $100,000 (34 %)
B. Contractor's share $191,472 (66 %)
TOTAL AMOUNT $291,472 (100 %)
The State shall use LEAF funds exclusively to pay for 34% of the actual costs incurred by the
Contractor for the project work up to the State's maximum share amount of $100,000 (34% of
$291,472). Provided, however, that the State's maximum share shall not exceed the amount of
$100,000 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 $191,472 (66% of $291,472), either in
payment of actual costs incurred for the project work or in the performance of in -kind services on the
project, which reimbursement be directly related to the enforcement of laws pertaining to driving
under the influence of alcohol or other drugs.
Page 2 of 7 pages
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 $34 for each $66 (34 %-66 %) the Contractor fails
to provide. Upon notice from the State, the Contractor shall repay the State any amount that was
paid by the State and that a subsequent audit determines the Contractor exceeded the State's
percentage of obligation under this contact.
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 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 already been legally appropriated by the
Governing Body for the purpose of this Contract.
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 begin January 1, 1995,
and shall terminate on December 31, 1995.
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.
Page 3 of 7 Pages
7. a) Termination Due to Loss of Fun" . 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 or Contractor may immediately
terminate this Contract.
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 distribution 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 termination.
8. The Contractor shall adopt a resolution substantially in the form presented by the State, which
approves this Contract, obligates the necessary local monies to pay for its share of costs or in -kind
services 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 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, the parties hereto have caused the foregoing contract to be executed by
their duly authorized officers the day and year first above written.
City of Pueblo
Contracto
Contractor: 141.
Position: Chief/
AP AS TO FORM:
City of Pueb
Attorney
of -• •
Clerk
STATE OF COLORADO
ROY ROMER, GOVERNOR
B
/ 0—GUILLERMO V. VIDAL
Executive Director
Department 9f Trans ation
9 Lei "UIA I �iP C�:7
Office of Transportation Safety
ATTEST _
Chief CI
Department of Transportation
CLIFFORD W. HALL GALE NORTON
State Controller Attorney General
By By (.17 a',
GE GE MCCU LA , F-- Controller BA Y B. RYA
Department of Transportation Assistant Attorney General
Natural Resources Section
Page 5 of 7 Pages
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 of Colorado 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 work for this State, the contractor shalt, before entering upon the performance of any such work included
in this contract, duly execute and deliver to the State official who will sign the contract, a good and sufficient bond or other acceptable surety to be approved by
said official in a pens] 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 upon the 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 or fails to pay any person who supplies rental machinery, tools, or equipment in the prosecution of the work 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 is executed, delivered and
filed. no claim in favor of the contractor arising under such contract shall be audited, allowed or paid. A certified or cashier's cheek 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 CRS 38 -26 -106.
INDEMNIFICATION
4. To the extent authorized by law, the contractor %hall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims,
damages. liability and court awards including costa• cspen.e-.. 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 term% of thm 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 (CRS 24 -33 -302), and as required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16,
1975. Pursuant thereto. the following provisions shall be contained in all State contracts or sub- contracts.
During the performance of this contract, the contractor agrees as follows:
(a) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex,
marital sutus, religion, ancestry, mental or physical handicap, or age. The contractor will take affirmative action to itmsmre that applicants are employed, snd 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 advertisiags; lay-offs or terminations: rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The contractor agrees o post in conspicuous places, available to employees and applicants for employment,
notices to be provided by the contracting officer setting forth provisions of this nom- discrimination clause.
(b) 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. cola, national origin, sex, marital status, religion, ancestry. mental or physical handicap,
or age.
(c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or
understanding, 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.
(d) The contractor and labor unions will furnish all information aid reports required by Executive Order. Equal Opportunity and Affirmative Action of April
16. 1975, and by the rules. regulations snd 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.
(e) A tabor organization will not exclude any individual otherwise qualified from fall 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.
(f) 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
discriminatory 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 anv act defined in this contract to be discriminatorv.
Form 6- AC -02B
Revised I t93
395 -53 -01 -1022
page 1 of 2 pages
(g) In the event of the contractor's non - compliance with the non - discrimination clauses of this contract or with any of such rules, regulations, or orders,
this contract may be canceled. 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 otter 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.
(h) The contractor will include the provisions of paragraphs (a) through (h) 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 provision, 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 CRS 8-17 -101 & 102 for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereunder and
am financed in whole or in part by State funds.
b. When a construction contract for a public project is io be awarded to a bidder. a resident bidder shall be allowed a preference against a non - resident bidder from
a sate 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 determined by
the officer responsible for awarding the bid that compliance with this subsection .06 may cause denial of federal funds which would otherwise be available 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 (CRS 8-19 -101 and 102)
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 mictetwe 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 byway of complaint,
defence. or otherwise. Any provision tendered 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 aver that they are familiar with CRS 18- 8-301. et. seq., (Bribery and Corrupt Influences) and CRS 184-401. et. seq.. (Abuse of Public Office).
and that no violation of such provisions is presenL
10. The signatories aver that to their knowledge. no sate employee has any personal or beneficial interest whatsoever in the service or propcty described herein:
RESOLUTION NO. 7480
A RESOLUTION APPROVING AN AGREEMENT BETWEEN
THE CITY OF PUEBLO, A MUNICIPAL CORPORATION
AND THE STATE OF COLORADO RELATING TO DRUNKEN
DRIVING PREVENTION AND AUTHORIZING THE PRESI-
DENT 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 Depart-
ment of Transportation, Office of Transportation Safety for
funding a LEAF Project for the prevention of drunken driving and
the enforcement of laws pertaining to driving under the influence
of alcohol or other drugs, pursuant to §43 -4 -401 through 404,
C.R.S. and to LEAF Rules at 2 C.C.R. 602.1; and
WHEREAS, the State has approved the application and has
prepared LEAF Contract L -22 -95 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 LEAF Project 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 RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1
The Contract dated October 11, 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
. � t
relating to drunken driving prevention, a true copy of which is
on file 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 1995 budget.
SECTION 2
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.
SECTION 3
i
Subject to appropriation, the $191,472.00 local matching
funds is authorized to be paid out of Account No. 001- 0140 -143-
000 - 010 -103.
INTRODUCED: October 11, 1994
By SAMUEL CORSENTINO
Councilperson
ATTEST: APPROVED:
/s/ MARIAN D. MEAD /s/ JOYCE LAWRENCE
City Clerk President of City Council
n
COLORADO DEPARTMENT OF TRANSPORTATION
LEAF CONTRACT ATTACHMENT A
LEAF OBJECTIVE PLAN
LEAF project # L -22 -95
Responsible A9e '6eblo Police Department
Contract period
1 -1 -95 through 12 -31 -95
Project Coordinator
Chief William A.Young
LEAF objective:
L- 22 -95: To increase and improve the enforcement of the laws pertaining to alcohol and drug related
traffic offenses by performing the activities described in the Approved Application and summarized below.
Activity #
Activity description
1
Provide two officers throughout the term of this contract to perform
fulltime DUI enforcement activity within the City of Pueblo
as stated in the Approved Application.
2
Conduct at least four sobriety checkpoints or saturation patrols during 1995.
This can be in cooperation with a nearby agency or soley by the
Pueblo Police Department.
3
Make all reasonable efforts to increase the DUI alcohol and drug related arrests
within the City of Pueblo by 5% from the 1994 level.
4
Purchase related DUI equipment as stated in the Approved Application and have
them operational by May 1, 1995.
wv i rorm Aivaa i I/W
COLORADO DEPARTMENT OF TRANSPORTATION
LEAF CONTRACT ATTACHMENT B
LEAF REPORTING CRITERIA
LEAF project # L -22 -95 - Pueblo Police Department
1). Each quarter the Contractor shall submit a report to the Office of Transportation Safety in accordance
with the LEAF Contract Management Manual. The Quarterly Reports will state all activity
accomplishments as required by Contract Number L -22 -95 during the reporting period.
2). Upon completion of all LEAF activity the Pueblo Police Department will submit a Final Report in
accordance with the LEAF Contract Management Manual.
COLORADO DEPARTMENT OF TRANSPORTATION
LEAF CONTRACT ATTACHMENT C
LEAF project #
L -22 -95 - Pueblo Police Department
REVENUES
Total
Source of funds
LEAF
Local
$291,472
$100,000
$191,472
EXPENSES
Category
Total
Personal services
$260,554
Operating expenses
$20,918
Capital equipment
$10,000
Travel expenses
$ -0-
TOTAL
$291,472
CDOT Form #1093 11192