HomeMy WebLinkAbout1995-058-05/02/1995-AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND RESOLUTION 95-58
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE MAYOR TO EXECUTE AN
INTERGOVERNMENTAL AGREEMENT BETWEEN THE
CITY OF FORT COLLINS AND THE STATE DEPARTMENT
OF TRANSPORTATION CONCERNING A GRANT OF
FUNDS TO THE CITY UNDER THE STATE'S
HIGHWAY SAFETY PLAN FOR FISCAL YEAR 1995
WHEREAS,Fort Collins Police Services has been awarded a grant totalling $13,748 from
the Colorado Department of Transportation for the purchase of an unmanned portable Speed
Monitoring Awareness Radar Trailer; and
WHEREAS, these funds are being made available to the City under the State's Highway
Safety Plan for fiscal year 1995; and
WHEREAS, as a condition of this grant,the City is required to enter into a contract with the
State of Colorado, a copy of which is attached hereto as Exhibit "A" and incorporated herein by this
reference (the "Contract"); and
WHEREAS, Section 16 of Article II of the City Charter provides that the Council may, by
ordinance or resolution,enter into contracts with other governmental bodies to furnish governmental
services or to enter into cooperative or joint activities with other governmental bodies.
NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the Contract is hereby approved and the Mayor is hereby authorized to execute the
Contract on behalf of the City.
Passed and adopted at a regular meeting of the Cou of t City of Fort s thi 2nd
day of May, A.D. 1995.
Mayor
ATTEST:
City Clerk
DEPARTMENT OR AGL_.CY NUMBER
CONTRACT ROUTING NUMBER
C O N T R A C T
THIS CONTRACT, made this 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 Fort Collins for the use and benefit of Fort Collins Police Services, 300
Laporte Avenue, Fort Collins, Colorado 80521, 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 303, Object Number 5110, Orgn Unit 9808, Contract
Encumbrance Number 9715, GBL Number 95J8, FEIN Number and
WHEREAS, required approval, clearance and coordination has been
accomplished from and with appropriate agencies; and
WHEREAS, the State is authc,7ized 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 t
410, and to 23 Code of Federal Regulations, Parts 924, 1204 and 1205, the
State has received approval and 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 Federal
Highway 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 traffic crashes or improve the operational
efficiency of existing traffic safety programs 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
Page 1 of 5 pages
WHEREAS, the Contrac a political subdivision o. the State, has the
technical ability to properly complete the objectives and activities of the
Application, as described in Attachment A of this Contract; and
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 as Attachment A; 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 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 in page 2 of Attachment A.
Page 2 of 5 pages
6 . The Contractor shall comply with the budget Lor this contract. as
set forth in page 3 of Attachment A. The Contractor shall be solely
responsible for all costs incurred in excess of this budget amount.
7 . The total estimated program costs shall be $173,311. 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, 748
B. Contractor share 159, 563
(estimated in-kind services as
detailed in application)
C. Total estimated program costs $173,311
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 402 . 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 402, for the purposes hereof. s
9 . The term -of this Contract shall begin on the effective date and
shall terminate on September 30, 1995. 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
Page 3 of 5 pages
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.
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. Any provision of this contract to the
contrary notwithstanding*, in the event termination of this becomes
necessary, in the state's sole discretion, to comply with any court order
concerning state personal services contracts generally or this contract,
specifically, this contract may be terminated by the state immediately upon
the giving of notice to contractor without further obligation of the state.
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 t
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
moneys paid pursuant to this Grant Contract. The Contractor shall provide
and keep in force worker's compensation (and show proof of such insurance)
Page 4 of 5 pages
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.
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 STATE OF COLORADO
ROY ROMER, GOVERNOR
Chief Clerk GUILLERMO V. VIDAL, EXECUTIVE DIRECTOR
Transportation Department DEPARTMENT OF TRANSPORTATION
JOHN E. CONGER, DIRECTOR
OFFICE OF TRANSPORTATION SAFETY
5
ATTEST Contractor
By By
Title Title
APPROVALS
CLIFFORD W. HALL GALE NORTON
STATE CONTROLLER Attorney General
By By
GEORGE MCCULLAR, CONTROLLER BARRY B. RYAN
Department of Transportation Assistant Attorney General
Natural Resources Section
Page 5 of 5 pages
CONTROLLER'S APPROVAL SPECIAL PROVISIONS
L This contract stall 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 Sate of Colorado payable after the current final year
and otherwise made available. are contingent upon funds for that purpose being appropriated.budgeted.
BOND REQUIREMENT
3.If this contract involves the payment of more than fifty thousand dollars for the coostructica.erection. it.main toad,bridges viaduct.nraael.excavation or other public work for this State.the contractor shall.before entering upon .or improvement of any building.
is this contract.duly execute and deliver to the Sate official who will sign the non P��moe of any such work included
• gu tract,a good and sufficient bond or other acceptable surety to be approved by
said official in a penal man not less than one-half of the coal 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
for any
labor.materials.team hire.sustenance.provisions.provcndor or other supplies used or consumed by such contractor or his mbcoatraetor is performance ofythe work
coattacted 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
an amount not exceeding the sum specified in the bond.together with interest at the raft of e' t Pay the same in
fled.no claim is hone of the contractor arising ender such contract shall be a � �teat per sasttm.Unless such bond is executed.delivered and
edited.allowed or paid.A certified Or cashiers check or a bank money order payable
to the Treasurer of the Sate of Colorado may be accepted to Iteu of a bond-This provision is is e
OaWhaaa.with CRS 33•26-106.
LNDE11 NMCATION
4.To the extent authorized by law.the contractor%hall tndentnrfy.save.and hold harmless the Sate,its employees and agents.against any and all claims.
damages.liability and court awards including cosh,c&pen%e.,and attorney fees inured as a result of any act or omission by the contractor.or its employees.
agents.subcontractors,or assignees pursuant to the term%of this contract.
DISCRIMINATION AND AFFIRMATIVE ACTION
S-The contractor agrees to comply with the letter and spent of the Colorado Antidiscrimination Act of 1957.as am
discrimination aad unfair employment practices(CRS 24-34.4021.and as ended.and other a ACd applicable law respecting
1975.Pursuant thereto.the oUowia �� Executive Order'�u�OPP°Rh'and Affirmative Action.deed April 16.
. f g Pr+ovisioas alto!(be contained is all Stare eoatracts or s+rb-cowtrans. .
During the perfotnhance of this contract,the contractor agrees as follows:
(a)The contractor will not discriminate against any employee or applicant for employment because of
nempital S are-Rennes 8 �,,,h� or age-Ma coaol mor will!aloe �wed.color,national origin sez.
_hand a8Such vie action to ithstae trax rtppliaots are and that
employment upgrading.demotion.or under.recruitment:ter reasdmzent adv S be limited foilowiag:
CompcusataW and
notices to bF by the gsetting*wth pt,ortg.fttms of�m CONSPICUOUS Pam•available so employes and Or UWAMA0119 MU of ply or odar�t>�for empWymeM
dame.
(b)The ooacractor Will.in all solicitations or advartisemeaks for employees p by a<as behalf of the r�eoeive co chat on for employment without regard to race.aced.color.national origin.sex.maim!status..relig M ancestry,mental commactor.stale dut all�phy:ied��will
or age. gyp,
(c)The conu11ctor wiU send to cut labor anion or aeprestumtive of worim with whKb he has a collective�emonding.notice to be provided by the cmus tiag olfoa. ��aP'�t m other eoaaact or
F.xectetive Older.Equal OPPoctuaity and Aifiraaativrr Action,dace�labor man or wotice:: of the caatractoc's commitment aader the
April 16.1975,and of the Ides,texdsd=s,and relevant Orders of the Governor.
(d)The eootractor and labor tahioos VM furnish ail mfamatioa and reports required by Executive Order.16. 1975.and by the rules.regulations and O,�of the Gove vxK or p�m moo.and W �Equal acts���Action of April
contracting agency and the office of the Governor or his desiphee for l soots:to his books.rules-r and ao by the
(e)A labor �will not PmP�s� to ascertain with such tiles.regulation and otdns- .
from membership in such labor eatchmde mY irganizarmndividual od�w►tse B°0r fill membership rigs:is such labor orgsnizadon.or cxpd an such
individual
sex,national origin.or ancestry, dtkr mate against nay of its members in the full eajoymatc of wodc opportunity becaerse of ram aced.color.
(f)A labor organization.or the eU490YC s or members thereof win ram aid.abet.
discriminatory or obsaoct or pmevmt ale►PC. { �plyag with the incite.compelor Om ey the doing of airy act defined in this contract to be
or indirectly,to commit anv act defined in this eanuact to bediscrimiaua Provisions of this contract or arty order issued ;or attempt,either directly
Form 6-AC-028
Revised 1/93
34S-S3-01-101
page 1 of 2 page
. .
(g)In the event of the eorhtractor's non-compliance with the non-discrimination clauses of this contact or with any of such rules.regulations.or orders.
this contract may be canceled.saminated or suspended in whole or in part and the contractor may be declared ineligible for further State contracts in
a000e+darhee with procedures.autborized to Executive Order.Equal Opportunity and Affirmative Action of April 16.1975 and the rules.regulations or
order promulgated in accordance therewith,and such other sanctions as maybe imposed and remedies as maybe 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 putragrapht(a)through(h)in every sub-contras and subcontractor purchase cede 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 provisions.including sanctions for iron-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 9-17-101 A 102 for preference of Colorado labor am applicable to this contract if public works within the State are undertaken hereunder and
are financed in wbole or in part by Stare finds.
b.When a construction cont:aet for a public project is ro be awarded to it bidder.a resident bidder shall be allowed a preference against a non-residau bidder from
a slue or foreign country equal to the preefereaoe given or required by the stare or foreign country in which the non-vesident bidder is a resident.If it is determined by
the ofiwer responsible for awarding the bid that compliance with this subsection.06 may cause denial of federal finds which would otherwise be available or would
otherwise be imeomsistent with requirements of Federal law.this subsection shall be suspended.but only to the extent aeeessary to prevent denial of the moneys or a
eliminate the with Federal requirements MRS 2-19-101 and 102)
GENERAL
7.The laws the State of Colorado and rules and regulations issued pun want thereto shall be applied in the iarelpr+etatim execagion.and enforcement of this
contract Any provision of tuts contract wbether er riot incorporated herein by reference which provides for arbitration by any extra-judwW body or peesou err wbidh
is odmwise in conflict with said laws.mk&and regulations shall be considered null and void.Nothing contained in my provision incorporated herein by ref,. , re
which pwpoe to regale this or any otber special provision in whole or in part shall be valid orenforceable or available in any action at law whether byway of complaint.
defence.or otherwise.Any provision rendered mall and void by the operation of this provision will act iavalidase the remainder of this eahtract to the extent that the
contract is capable of execution.
g.At all times during the performance of this contract.the Contractor shall strictly adhere to all applicable federal and stale lawn.rule&and regulations that have
been or may hoWter be esublisbed.
9.The signatoneies aver that they are familiar with CRS_IE-gt'Ol.et.seq..(Bribery and Corrupt Influences)and CRS 184-40L et.seq..(Abuse of Public Office).
and that no violation of such provisions is present .
10.The signatories aver that to their knew no stars employee has my pesoaal or beneficial interest whatsoever in the service or pnoputr described bavim
Page 2 of 2
COLORADO DEPARTMENT OF TK^NSPORTATION
CONTRACT OBJECTIVE PLAN
State Program: Public Ways Contracting Agency: Fort Collins Police Services
State Sub-Program: Transportation Safety Project Coordinator: Sergeant Dennis Whitesell
Problem Solution Plan: Police Traffic Services ontract Period: effective date to 9/30/95
Project#95-14 HSP#95-02 ask#21-08
Objective:
o reduce average sp
eeds peeds at ten target locations by 10%while improving responsiveness to citizen complaints through the extensive use of an unmanned
S.M.A.R.T.radar trailer through September 30, 1995.
Task
Activity# Activity Description
21-08.1 Identify a minimum of ten target locations for deployment of an unmanned S.M.A.R.T. radar trailer for
25 hour periods through September 30, 1995. Selection of locations will be based on the number of
citizen complaints concerning speeding, the number of speed related citations and the number of
speed involved accidents at each location. Review and revise list of locations on a monthly basis.
21-08.2 Purchase S.M.A.R.T. trailer speed monitoring device, computer, printer, alarms, axle, locks, storage
cover, sign racks, trailer, hitch and KR10SP by May 31, 1995.
21-08.3 Deploy unmanned S.M.A.R.T. trailer at ten locations, on a rotating basis, 24 hours a day, seven days
a week.
21-08.4 Submit quarterly reports on July 20 and October 20 and a final report and a final claim for costs
incurred by November 15, 1995. s
Previous editions are obsolete and may not be used CDOT Form#1106
7/92
Attachment A page 1 of 3
COLORADO DEPARTMENT OF ).-ANSPORTATION
CONTRACT EVALUATION DATA
I '
Project# 95-14 HSP#95-02 Task#21-08
Task
Activity# Evaluation Description Type of Report
evaluation timeframe
21-08.1 On a quarterly basis, provide a list of all locations selected for Performance Quarterly
use of the S.M.A.R.T. trailer along with an analysis of the
reasons for selection.
21-08.2 Provide a Capital Equipment Accountability Form for the Administrative Quarterly
purchase of all capital equipment.
21-08.3 On a quarterly basis, provide speed monitoring data on each Performance Quarterly
of the locations at which the S.M.A.R.T. trailer was deployed.
Compare with prior periods. Provide the number of hours
and percent of patrol and engineering time saved through the
use of the trailer for speed monitoring and how this resulted
from the deployment of the radar trailer. Discuss the
increase in the amount of time officers can spend responding
to citizen complaints. .
21-08.4 Performance Quarterly/Final
Were quarterly reports provided in a timely manner? Was a
final report including an analysis of the usefulness of the
S.M.A.R.T. trailer and a discussion of problems encountered
and recommendations for use by other agencies provided by
November 15, 1995?
Previous editions are obsolete and may not be used CDOT Form#1107
Attachment_A___, page 2 of 3 7/92
COLORADO DEPARTMENT OF TRANSPORTATION
CONTRACT OBJECTIVE PLAN
PROJECT#95-14
BUDGET ALLOCATION FOR HSP# 95-02 TASK#21-08
Cost category OTS($) Agency($) Total($)
Personal Services -0- 159,563 159,563
Operating expenses -0- -0-
-0-
Travel expenses -0- -0-
-0-
Capital equipment 13,748
'0' 13,748
Other
Totals 13,748 159,563 173,311
DISTRIBUTION OF OTS FUNDS (BENEFIT OF): STATE$ LOCAL$
BUDGET ALLOCATION FOR HSP# TASK#
Cost category OTS(s) Agency($) Total($)
Personal Services
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($)
rsonal Services
erating expenses
vel expenses
Capital equipment
Other
Totals
DISTRIBUTION OF OTS FUNDS (BENEFIT OF): STATE$ LOCAL$
TOTAL BUDGET OTS($) Agency($) Total($)
$13,748 $159,563 $173,311
Previous editions are obsolete and may not be used
CDOT Form 01108
Attachment A sus
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