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HomeMy WebLinkAbout7715RESOLUTION NO. 7715 A RESOLUTION APPROVING THE OFFICE OF TRANSPORTATION SAFETY ALCOHOL PREVENTION INCENTIVE CONTRACT NO. 96- 410 -01 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 drunken driving pursuant to Title 23 United States Code, Section 410; and WHEREAS, the City of Pueblo has the authority and responsibility to fund the Pueblo Police Department and to sign contracts on behalf of the Pueblo Police Department; and WHEREAS, a resolution by the City of Pueblo formally approving the Contract, and authorizing the proper signature to be affixed to the Contract indicating such approval is required by the State of Colorado. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The terms, conditions and obligations of the Office of Transportation Safety Alcohol Incentive Contract No. 96- 410 -01 between the City of Pueblo and the State of Colorado, (the "Contract "), a copy of which is attached hereto, having been approved as to form by the City Attorney, are hereby approved. The President of the City Council is authorized to execute and deliver the Contract in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 2. Sufficient funds to satisfy the City's local funding requirements of the Contract shall and are hereby appropriated and allocated within the budget of the Pueblo Police Department for fiscal years 1995 and 1996. INTRODUCED Sepfe her 25 , 1995 By Charles Jones Councilperson ATTEST: APPROVED: City k vie President of the leity Council WJLJ. llffl DEPARTMENT OR AGENCY NUMBER �ti(t CONTRACT ROUTING NUMBER CONTRACT THIS CONTRACT, made this 20h- ,day of 1995, 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, 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 400, Appropriation Code 312, Object Number 5120, Org Unit 9830, Contract Encumbrance Number 9797, GBL 1301, FEIN Number 846000615A; 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 1995 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 on page 1 of 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 underauthority 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 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 herto, 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 Applications 3. The Contractor shall carry out the program, conduct all the activities and provide the services described and detailed on page 1 of Attachment A. 4. In the performance of the work, the Contractor shall comply with all applicable administrative procedures and contract requirements contained in the October 1,1994 Colorado Highway Safety Contract Management Manual. 5. The Contractor shall submit periodic and final reports to the State according to the requirements of the Contract Manual and the reporting criteria set forth on page 2 of Attachment A. 6. The Contractor shall comply with the budget for this contract as set forth on page 3 of Attachment A. The Contractor shall be solely responsible for all costs incurred in excess of this budget amount. Page 2 of 5 pages 7. The total estimated program costs shall be $158,892. 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: $27,748 B. Contractor share (estimated in -kind services as detailed in application): 131.144 C. Total estimated program costs: $158,892 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, 1996. 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 procurement, 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. City of Pueblo Contractor Position: City,Council President (Vice) Contractor. -- Position: C ief /Sheriff APPROVED AS TO FORM: City of Pueblo Attorney STATE OF COLORADO ROY ROMER, GOVERNOR J N E. CONGER, D' ctor Office of Transportatb6 Safety ATTEST ATTEST City of Pue o Chief Clerk Clerk Department of Transportation APPROVALS CLIFFORD W. HALL State Controller By EORG MCCULLAR, Controller Department of Transportation GALE NORTON AttomeyP9 neral By BARRY B. RYAN Assistant Attorney General Natural Resources Section Page 5 of 5 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 *(the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated. budgeted. and otherwise trade 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, toad. bridge. viaduct manel. excavation or other public work for this St ate, the Contractor shall, before entering upon the performance of any such work included in this contact, duly execute and deliver to the State official who will sign the contract, a good and strificieat 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 ierrns of this contract. Such bond shall be duly executed by a qualified corporate surety eoaditiotted 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 him, sustenance. provisions. provender or otter supplies used oreonsumed by such conaactor 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 sane in an amount not exceeding the sum specified in the bond. together with interest at the race of eight per ant per annum. Unless such bond is executed. delivered and filed. no claim in favor of the contactor arising undo such contract shall be audited, allowed or paid. A certified or cashier's check at 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. LVDEMNIFICATION 4. To the extent authorized by law, the contractor shall indemnify. save, and hold harmless the State, its employees and agatts, against any and all claims. damages, liability and court awards including costs. eapcn.es, 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 rhos contract. DISCRIMINATION AND AFFIRMATIVE ACTION 5. The coatractor agrees to comply with the letter and spins of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law respecting discrimination sad unfair employment practices (CRS 34-34 -402). and as rewired by Executive Order. Equal Oppoctmtity and Affirmative Action, dated April 16, 1975. Punuaat dwreto. die following provisions shall be coartzmed in all State contracts or sub contracts_ Daring the performance of this conu2ct. the contractor agrees as follows: (a) The coatraaor will not d'cscrimiaau against any employee or applicant for employment because of race_ creed, color. national origin. sac. suariw seas. aeligioa, aocesay. meaal or physical handicap or age. vie caaaaccor will t dx a@"intative action w inum tdtat sppGe>mts are cmpl0ye4 and tha employees see vested dotting employment..wdwa tega d so the above mearioaed tea. Such action shall include, but am be Gmiaed a the f+fiowing: etaploymenc fit, d=0000. or Mosier, recmiMM a seaaitmeot advanstW layoffs or vas of pay or other lams of comp=sadoa and selection tor-ft fittigg. ' .The mmmracmoc sgre sso post in conspicuous Pleas. available so employees and applicants for employmem. twtioa >a 6df oyided by the - - r sating forty ry isions of da r4aa9e (b) The aoocraaor will. in all soliciacioas at advertisements for etaplayees phiced by or on behalf of we coamactor safe that all sod appGams will oei seve eonsidetatioa forempioyment withoac regard to came. caned„ color. usi - wool origin, sex. mule! sates, rellpoa ancestry. weaal orp(hysica! handicap, oc age. (c) The cons actor will send to each labor union or representative of woducs with which he has a collective bargaining agreenwat or other contact or understanding. notice to be provided by the contracting *WK= advising the labor union or woke:s• representative of the ooaaacaor s coutmitmeat under the Executive Order. Equal Oppotutnity and Affirmative Action. dated April 16.1975, and of the rules. regulations, and rek*"t Orders of the Governor. (d) The eoaua nor and labor unions will furnish all iafoaution and aepo is tcqmmvd by Executive Order. Equal Opporoaaky and Affirmative Action of April 16. 1975. and by the mks. vegalations and Orden of the Governor or po meat dwreco, sad will permit &== to his boosts, moords, and socouexs by the aoattsaiatg agency and the office of the Governor or his designee far pwposes of iavesdVarion to ascertain cost pliaoce With such rates, regaiatioas and atdem (el A labor otgsa zi4ea will not exclude any hWnidaai otherwise gnalifhod firm full man6aship tights is such htbwoegaaizsdm orexpel aayswh iathvidual from nteatbaship in such labor atgaaization ordtscrinti ace against any of its members is the full enjoyment of wodc oppatthmiry because of tam creed, color. sex, national origin, or ancestry. (f) A labor organization, or the employees or members thereof will not aid, abe, incite, compel or coerce the doing of any act defined in this contract to bb disaimmawry or obstruct or prevent any person treat complying with the provision of this coativa or any order issued thereunder, or attempt. either directly or indirectly, to commit any as defined in this coon to bediscrimirwory. Form 6- AC-(PB Rc,iscd 1/03 395-53-01-1401- page 1 of 2 pages (g) In the event of the contractor's aoa�ompiiance with the aon�iscrisaiaation clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled. saatinated 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 Or der, Equal Opportunity and Affirmative Action of April 16. 1975 and the rules, reguladons. or orders promulgated in accordance therewith. and such otter sanctions as may be imposed and remedies as may be invoked as provided in F_xecnuiv 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 kw. (h) The eoamctor will include the provisions of paragraphs (a) through (h) In every sub- contract and subcontractor purchase order uakss exeatpoed by auks. replatioas, 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 eoatr-Acting 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. Gtigisdoo. with the subcontractoror 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. Provision of CRS 8-17 -101 A 102 for preference of Colorado labor are applicable to this couma if public works within the State are undertaken hereunder and art financed in whok or in part by State funds. b. When a construction contract for a public pm_im is to be awarded to a bidder. a ttsident bidder shall be allowed a preference against a aoa- residau bidder from a state or foreign country equal to the preference given or required by the stare or taeign country is which the son bidder is a msident. If it is determined by the officer responsible for awarding the bid that compliance with this subsection M may cause denial of federal funds which would otherwise be available or would otherwise be wooasistent with regairemeau of Federal law. this subsection shall be suspended., but only to the extent necessary a prevent denial of the moneys or to eliminate the inconsistency with Federal requirements (CRS 8- 19-101 and 102) GENERAL 7. The lawns -of the Stare of Colorado and racks and regulations issued pursuant thereto shall be applied in the interprecatiom, execution, and enforcement of this coatract. Any provision of this contact whether or not incorporated baba by mkmaee which provides for arbitration by any eztm- ju&dal body or person or which is otherwise in conflict with said laws, rulm and regulations shall be considered suit and void. Nothing contained in any provision incorporated bcrda by reference which purports to negate this or any other special provision in whole or in part shall be valid or enfococable or available in any action at law whether byway of complaint, defence. or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the reminder of this contract to the cxscnc that the contract is capable of execution. S. At all tithes during the performance of this contract, the Contractor shall strictly adhere to all applicable federal and state laws, auks, and regulations that have been or may hereafter be established. 9. The signatories aver that they are familiar with CRS 184-301. et. teq.. (Bribery std Corrupt Influences) and CRS 1944 et. seq., (Abase of Public Office). and that no violation of such provisions is present. 14. The signatories aver that to dwir knowl edge, no store entployee has any personal or beneficial interest whatsoever in the service or property described beceix -- - Page 2 of 2 COLORADO DEPARTMENT OF TRANSPORTATION CONTRACT OBJECTIVE PLAN State Program: Public Ways Contracting Agency: Pueblo P.D. State Sub - Program: Transportation Safety Project Coordinator: Sgt. Dayton Robinson Problem Solution Plan: Innovative Prevention Programs Contract Period: Effective date to 9/30/96 Project # 96- 410 -01 HSP # 96 -01 ask # 13 -01 Objective: The Pueblo P.D. will conduct a substance abuse prevention program which will target the high risk population on the legal requirements for driving and the consequences caused by impaired driving. Task Activity # Activity Description 13 -01.1 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 by conducting the required activities. The goal of this will be the reduction of traffic fatalities and injuries caused by impaired drivers within the targeted population. 13 -01.2 Schedule officers to conduct and carry out the planning, production and management of the project as stated in the approved application. 13 -01.3 Submit quarterly claims for reimbursement in accordance to the Contract Management Manual and within the budget summary which is found on Attachment A, page 3 of 3. 13 -01.4 Submit quarterly reports to the Office of Transportation Safety by October 20, 1995, January 20, April 20, and July 20, 1996, and submit the final report by November 15, 1996. Previous editions are obsolete and may not be used CDOT Form #1106 7/92 Attachment _A , page 1 of :1 COLORADO DEPARTMENT OF TRANSPORTATION CONTRACT EVALUATION DATA Project # 96- 410 -01 HSP # 96 -01 Task # 13 -01 Task Activity # Evaluation Description Typf port evaluation ti ef 13 -01.1 When was the project started? On time? What date? What Performance Quarterly are (if any) the problems encountered? What groups are in the partnership? How are they involved? 13 -01.2 What types of events were conducted or planned? What Performance Quarterly agencies received a benefit from the project? Number of people affected? How is the material distributed? 13 -01.3 Is the budget limitation which is found on Attachment A, page Financial Quarterly 3 being followed? If not, what problems have been encountered? 13 -01.4 Are the quarterly /final reports being submitted according to Administrative Quarterly /Final the Contract Management Manual? rrevious editions are obsolete and may not be used CDOT Form #1107 7192 Attachment A , page 2 of 3 COLORADO DEPARTMENT OF TRANSPORTATION CONTRACT FINANCIAL BUDGET PROJECT # 96- 410 -01 Agency($) BUDGET ALLOCATION FOR HSP# 96 -01 Personal Services TASK# 13 -01 $158,892 Cost category Operating expenses OTS($) Agency($) Total($) Personal Services 19,748 131,144 150,892 Operating expenses Other 8,000 -0- 8,000 Travel expenses -0- -0- -0- Capital equipment -0- -0- -0- Other -0- -0- -0- Totals 27,748 131,144 158,892 DISTRIBUTION OF OTS FUNDS (BENEFIT OF): STATE $ LOCAL $ 27,748 BUDGET ALLOCATION FOR HSP# TASK# Cost category OTS($) Agency($) Total($) Personal Services $131,144 $158,892 Operating expenses Travel expenses Capital equipment Other Totals DISTRIBUTION OF OTS FUNDS (BENEFIT OF): STATE $ LOCAL $ BUDGET ALLOCATION FOR HSP# TASK# Cost category OTS($) Agency($) Total($) Personal Services Operating expenses Travel expenses Capital equipment Other Totals DISTRIBUTION OF OTS FUNDS (BENEFIT OF): STATE $ LOCAL $ TOTAL BUDGET OTS($) Agency($) Total($) $27,748- $131,144 $158,892 Previous editions are obsolete and may not be used CDOT Forth #1108 5/92 Attachment A page 3 of 3