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HomeMy WebLinkAbout7716RESOLUTION NO. 7716 A RESOLUTION APPROVING THE LAW ENFORCEMENT ASSISTANCE FUND (LEAF) CONTRACT L -11 -96 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 the prevention of drunken driving and the enforcement of laws pertaining to the driving under the influence of alcohol or other drugs, pursuant to §43 -4 -401 through 404, CRS and to LEAF Rules at 2 CCR 602.1; and WHEREAS, the State has approved the application and has prepared LEAF Contract L -11 -96 which requires the City of Pueblo to provide certain matching funds for this project; 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, LEAF Contract L- 11 -96, which requires the local agency to provide matching funds in the amount of $216,874.00, has been presented to the City of Pueblo for approval; and WHEREAS, a resolution by the City of Pueblo formally approving the LEAF Contract, obligating the required local match funds, 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 LEAF Contract L -11 -96 between the City of Pueblo and the State of Colorado, 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 LEAF Contract L -11 -96 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 LEAF Contract L -11- 96 shall and hereby are appropriated and allocated within the budget of the Pueblo Police Department for fiscal year 1996. INTRODUCED S = h,-,r 2r, 1 1995 By Al Gurule Councilperson A'T'TEST: APPROVED: it Cle vice President of the tity Council s DEPARTMENT OR AGENCY NUMBER: L-11-96 CONTRACT ROUTING NUMBER: %.0 - CONTRACT THIS CONTRACT, Made this 13 �h day of f46y er , 199 5, 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, ORGN 9816, Contract Encumbrance Number 9585, and FEIN# 846000615 -A; 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 -4 -404, 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 the 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 $301,874, 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) $85,000 (28 %) B. Contractor's share $216,874 (72 %) TOTAL AMOUNT $301,874 (100 %) The State shall use LEAF funds exclusively to pay for 28% of the actual costs incurred by the Contractor for the project work up to the State's maximum share amount of $85,000 (28% of $301,874). Provided, however, that the State's maximum share shall not exceed the amount of $85,000 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 $216,874 (72% of $301,874), 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 $28 for each $72 (28 % -72 %) 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, 1996, and shall terminate on December 31, 1996. 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 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 Contract Position: J Presi of the Council (Vice) Contractor: Position: C ief APPROVED AS TO FORM: City of Au bl Attorney STATE OF COLORADO ROY ROMER, GOVERNOR By //Z/ GUILL RMO V. VIDAL Executive Director Department of Transportation JO N E. CONGER Director Office of Transportation Safety ATTEST ATTEST 1-1 'CA,. --- (�� I - Afz a.% a N L�— :9 — City of Pu to Chief Clerk Clerk Department of Transportation APPROVALS CLIFFORD W. HALL GALE NORTON State Controller Attorney neral By By6� GEORGE MCCULLAR, Controller BARRY B. RY Department of Transportation Assistant Attorney General Natural Resources Section Page 5 of 7 Pages SPECIAL PROVISIONS CONTROLLER'S APPROVAL 1. This contract shalt mot 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 owigadoets of the State *(Colorado payable after the arrant fiscal year are contingent upon funds for that purpose being appropriated, budgeted. and otherwise made available. BOND REQUIREMENT 3.1f this contract involves the payment of more thaw fifty thousand dollars for the construction, erection, repair. aramtemanco, or improvemem of any building. wad. bridge. viadum tunnel. excavation or other public work for this State. the contractor shall. before entering upon the performance of any such work included in this eoatram 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 penal sum not less than one -half of the total amount payable by the terns of this contras. Such bond shall be duly executed by a qualified corporate sunny 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, sustenanm provisions, provendoror other supplies used or consumed by such contractor or his subcontractor in perfwm4aee of abc work contracted to be done or fails to pay any person who supplies natal machinery. tools. or equipment in the prosecution of the work the surety will pay the same in an amount tot 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 cbeck or a bank motley 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 extant autborimd by law, the contractor shall indemnify. save, sad hold harmless the Sate, its employees and agents, against any and all ctaims. damaages. liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the contractor, or its employem agents. subcomtrac ton, or assignees Pursuant to the tams of this eonuvcL DISCRIMINATION AND AFFIRMATIVE ACTION 5. The contractor agrees a comply with the letter and spirit of due Colorado Act of 1957, as amended. and other applicable law respecting don and unfair employment practices ( CRS 24-3440A and as sequmd by Exoaeti �e*rder Equal Oppormaity and Affinnaave Aedoa, dated April 16. 1975. Pxrsre et rlrerew. dbr foilarius provisiora sirdl be contained iaz all Srare eonAraen or s tcaeaaers Daring the performance of this contract. the contractor agrees as follows: W The coaaactot wM cwt qua asaitast tap empioyce ac appucaat foe employment because of race. creed. color. stational origin. sex. maritalstator.nFlian.amt- tg mmWerpbysiedbmieaprarser— MwcoouacowwdltakesfYumstiveaetianwhist ,dwapplicemameot1 employees sue treated doting uP 0 mettt. widtout agars so rite above mentioned dweacritstics. Such action shoo include, but not be Stmised to at foilowiieeg: empioyameot upgratlsag. demotion. or aaoske� seadsaneot or aeauioataat advecetiafifigg bty.0m or saatimtioo:. salves of P Qr46W goats of compeantim and selection for tlraioigg. hwbwsg ai 1 1*oes6ip. The eoatracm agrees b Past is c ooR*vous Places. available so employees and spprmats for employment. trtoeioes to be provided by tine oontraexisg otlice rsctiog first provisions of ibis a imination clause. (b) Tilde aonaacsnr wM iA all aobdeations or advadsasacs feremployees pbtoed by er oa btdaalf of the eoatractet; rase dw as quaUBW appliants will seaiveoosuid« atlontorempioyaaattw3uto.tag"Ma me.C604eolmeadoodtrig;a, sect. tsauiatisaaes. s�glan, aaoest <y.mentalarplgsiea[baadaip� or age. (O The contactor will send so east btbor aim or aresenaove of workers wpb wbicb be has a colioaive bugaiaistg agmeni m ar otbtx eouuatx or tmdersua&n& notice so be provi&d by the etsatracting of fm. advWmg the btbw union or workers• represe aadve of the eonaacWs eommitmegt wader the Executive Order, Equal Oppatm ity and Affifmative Action. dated ApM 16.1975. tad of the rules. regnlatioas. and efe rant Orders oU&e Governor. (fi TIM contractor and labor unions will fur" sell iafatmadoa and reports aequited by Eaccutive Order. Equal Oppodunky and Affirmative Action of April 14 19M and by calve ale& stC tttatiant and Oidas o[ doe Goer nod er putsnm dmxaq. and wM permit amm * Ms boa8s. arootds. and tl :: o is by the eoaaaa agency and agen and die of hoe of rite Goresawor his deopee for puspows of inv�tiaa so attoataiu co'mpsa hoe wilt such 111esstegdae5ons anti 6rders. (e) A labor organintion will not exclude any individual otbe wise qualified from full mtnabaslnip rights in such labor orgsow don. or cvd any stub individual from membership in such labor orrWhaaou or dttcrimiam against any of its mambas in the full enjoyment of %cork opportunity because of rage. erood,coio . sex, national origin, or ancestry. (f) A labor organization, a the employees or members dwreof will act aid. abeL incite. compel or coerce the doing of arty sa de wed in this contract to be discriminatory or obstruct or prevent any person from O=qA ing with the provisions of this contract or any order issued dx= nnda; or attempt, either directly or indirectly. to commit any act defined in this contract to be discriminatory. Form 6- AC-02B Revised 1193 395 -53-01-1022 .�^ <— ( p of � pates (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 Mulcts promdgaed m a000rdaaoe therewith, and socih other sanclioos as may be imposed and remedies astray be invoked as provided in Executive order. Equal Opportunity and Affirmative Action of April 16. 1975. or by rulm regulations. or orders promulgated in accordance dmcwi* or as otherwise provided by law. (h) The eontrasor will include the provisions of paragraphs (a) through (h) in every sub - contract and subcontractor purchase order unkss 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 Waft upon each subcontractor or vendor. The eootwsor win take such action with respect to any sub-contractinS or pt� eor event erg agency may direct. as a means of enforcing such prov'ssiouL including sanctions for me liawc provided. bowcver. becomes involved in. or is threatened with. litigation. with the subcontractor or vendor as a result of such direction by the contracting agency. the eontracwr may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado. COLORADO LABOR PREFERENCE 63. Provisions of CRS 8-17 -101 a 102 for preference of Colorado labor are applicable to this contract if public works within the State are undertaken be etmder and are financed in whole or in part by State funds. b. when a construction contra" for a public project is to be awardeO to a bidder. a resident bidder shall be allowed a preference against a now - resident bidder from a state or foreign country equal to the preference given or required by the state or foreign country in which the non - resides bidder is a resident If it is determined by . the officer ecspoasible for awarding the bid that compliance wah this subsection .06 may cause denial of federal funds which would otherwise be available or would otherwise be inconsistent with requiremeats of Federal law. this subsection shall be suspended. but only to the extent necessary so prevent denial of the moneys or a eliminate the inconsistency with Federal requirements (CRS 8- 19401 and 102) GENERAL 7. The laws of the State of Colorado and rules and reguladoos issued ptusmant 6aeto shalt be applied in the interpretation. execution. and enforeemcas of this eontracL Any provision of this contract wbetber or" incorporated herein by tefemace which provides for arbitration by any extra -judi ial body or; w er which is otherwise in conflict with said laws. rules. and regulations shall be considered mU and void. Nothing contained in say provision incorporated berein by tefervoce which psrpot to negase this or any other special pmvisioa in whole *rim partsbaU be valid oreaforcesble or available in say action at law whether byway of eompla m4 defence. or otherwise_ Any provision - rendered null and void by the_opetation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution. S. At an tunes during the performance of this contract. the Contractor shall strictly adhere so all Vpbabie federal and state laws. rules. and scgulauam that have been or may hereafter be established. 9.71M signatories aver that they ail: familiar with CRS 18- 8-301. het. seq.. (Bribery and Comtpt'Inflaences) and CRS 1848 -401. et. seq.. (Abuse of public Office). . and that so violation of suds peoirisions is present. It The sipalaia aver dot to /her Ivsowledge. so stale espioyee has any personal or beneficial interest whatsoever in the service or property described herein; Wf iNESS WiiERBOF t he parties hereto ha- ve execood this Contras on the day fast above wriuea. (fyqLegal [ ) STATEOFCOLORA[DO ROY ROMSIt, GOVERNOR ' By Is Position (Tide) sac.uur tt.aser or f"wet M ttw*w pEpARTw(EN3 NCorporatie„r) L _ OF Attest tsal) By c«po — Seer - y «6" eat. T --.Coy tk t . APPROVALS ATTORNEY GEN CONTROLLER By By Form 6- AC-02C Revised 1N3 Pan ? Which is ttx 1.54 of T pages 395 -53-01 -1030 COLORADO DEPARTMENT OF TRANSPORTATION LEAF CONTRACT ATTACHMENT A LEAF OBJECTIVE PLAN LEAF project# L -11 -96 Responsible Agency Pueblo Police Department ontract Period 1 -1 -96 through 12 -31 -96 Project Coordinator Sergeant Dayton Robinson EAF Objective: L- 11 -96: To increase and improve the enforcement of the laws pertaining to alcohol and drug related traffic offenses within the City of Pueblo by performing the activities described in the Approved Application and summarized below. Activitv # Activity Description 1 Provide officers through out the term of this contract to perform DUI enforcement duties and activities within the City of Pueblo as stated in the Approved Application. 2 Conduct at least two sobriety checkpoints or saturation patrols during 1996. This can be in cooperation with a nearby agency or solely by the Pueblo Police Department. Make all reasonable efforts to increase the DUI alcohol and drug related arrests within 3 the City of Pueblo by 5% from the 1995 level. CDOT Form #1093 11/92 COLORADO DEPARTMENT OF TRANSPORTATION LEAF CONTRACT ATTACHMENT B W .A.F. LEAF REPORTING CRITERIA LEAF Project# L- 11 -96- 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 -11 -96 during the reporting period. The Pueblo Police Department is encouraged to use the LEAF software package when compiling data and submitting the required reports. Starting in 1997, all recipients will be required to use the software so that the State can better manage this program. 2). No payment for cost incurred during the reporting period will be reimbursed by the Office of Transportation Safety if such Quarterly Reports are not current. 3). Upon completion of all LEAF activity the Pueblo Police Department will submit a Final Report in accordance with the LEAF Contract Management Manual. Form #1093 11/92 COLORADO DEPARTMENT OF TRANSPORTATION LEAF CONTRACT ATTACHMENT C L.E.A.F. LEAF Project# L- 11 -96- Pueblo Police Department REVENUES TOTAL Source of funds LEAF Local $301,874 $85,000 $216,874 EXPENSES Category Total Personal Services $285,854 Operating expenses $16,020 Capital equipment $ -0- Travel expenses $ -0- TOTAL $301,874 CDOT Form #1093 11192