HomeMy WebLinkAbout1998-153-11/17/1998-AUTHORIZING THE MAYOR TO ENTER INTO AN IGA WITH CDOT REGARDING A GRANT FOR ENFORCEMENT AND EDUCATION RESOLUTION 98-153
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL
AGREEMENT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION
REGARDING A GRANT TO THE CITY OF FORT COLLINS FOR ENFORCEMENT
AND EDUCATION OF SEAT BELT AND CHILD CAR SEAT USE IN COLORADO
WHEREAS,the City of Fort Collins(the"City"), on behalf of Fort Collins Police Services,
submitted a letter of intent to the Colorado Department of Transportation, Office of Transportation
Safety("CDOT")to receive an Occupant Protection Twist Campaign Federal Highway Safety Grant
for funding from October, 1998 through September, 1999 spanning both the 1999 and 2000 federal
fiscal years,for the promotion of seat belt and child safety seat use in Colorado and the enforcement
of laws pertaining to the use of occupant protection restraints,pursuant to C.R.S. Sections 42-4-237
through 42-4-236; and
WHEREAS, CDOT has approved the award of an Occupant Protection Twist Campaign
Grant to the City and prepared the needed contract with the City,a copy of which contract is attached
hereto as Exhibit"A" and incorporated herein by reference (the "Contract'); and
WHEREAS,the City has the authority and responsibility to fund and sign contracts on behalf
of Fort Collins Police Services; and
WHEREAS, the Contract provides for a Six Thousand Dollar ($6,000) grant to be paid to
the City subject to the terms and conditions of the Contract; and
WHEREAS,the City understands that the proj ect term covers parts of two fiscal years, 1999
and 2000 and that this Resolution is intended to approve the participation and obligation of the City
for both fiscal years, subject to the availability of federal funding for the 2000 fiscal year; and
WHEREAS,as a condition of the City receiving the grant,the Contract requires that the City
Council adopt this Resolution to formally approve the Contract and to authorize the Mayor to sign
the Contract on behalf of the City; and
WHEREAS, staff has on this date presented to the Council, related to the grant, Ordinance
No.212, 1998,appropriating unanticipated revenue in the general fund and authorizing Fort Collins
Police Services to use such money for the promotion of seat belts and child safety seat uses and for
the enforcement of laws concerning the use of occupant protection restraints in motor vehicles; and
WHEREAS,Article II, Section 16 of the City's Charter provides that the Council may enter
into agreements with other governmental bodies for the performance of cooperative or joint
activities.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the Contract is hereby approved.
Section 2. That the Mayor be, and hereby is, authorized to enter into the Contract on
behalf of the City when Ordinance No. 212, 1998, takes effect.
Passed and adopted at a regular meeting of the C itv Council held this 17th day of November,
A.D. 1998.
vor
ATTEST:
-11A
City Clerk `
DEPARTMENT OR AGENCY NUMBER:
CONTRACT ROUTING NUMBER:
CONTRACT
THIS CONTRACT, made this day of , 199_, 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 or"CDOT
OTS" and the City of Fort Collins, for the use and benefit of the Fort Collins Police Department, 300 LaPorte
Avenue, Fort Collins, CO 80511 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, Org. Unit 9822, Contract Encumbrance Number 9115,
GBL NC20, and FEIN # 846000587, for the financial obligation of the State under this Contract for the current
federal fiscal year, ending 9/30/99. New numbers must be assigned and sufficient funds encumbered effective
7/1/98 for the financial obligation of the state under this contract for the succeeding fiscal year(s), ending
9/30/99; and
WHEREAS, required approval, clearance and coordination has been accomplished from and with
appropriate agencies; and
WHEREAS, sections 42-4-236 and 237, C.R.S. (1996 Cum. Supp.), require the use of child restraint
systems and safety belt systems in motor vehicles, under the conditions described therein;
WHEREAS, federal highway safety funds have been made available to the State under Title 23 U.S.C.
Section 402 for increasing the enforcement and education of safety belt and child car seat use in Colorado; and
WHEREAS, the Colorado Department of Transportation (CDOT), Office of Transportation Safety (OTS) is
responsible, under sections 24-42-103, 43-1-103(2), 43-1-105, and 43-4-402, C.R.S., and Title 23 U.S.C.
Section 402 to administer those funds for that purpose; and
WHEREAS, the CDOT OTS has created the Occupant Protection Twist Campaign, to encourage local
authorities to increase the use of safety belts, and the use of child restraint systems by the State's children by
providing grants of Title 23 U.S.C. Section 402 federal highway safety funds to local law enforcement to aid in
the enforcement and education of safety belt and child car seat use in Colorado; and
WHEREAS, the State is authorized to allocate the occupant protection enforcement mini-grant 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 occupant protection enforcement; and
WHEREAS, the parties anticipate that the federal highway safety grant funds may cover several fiscal
years, and the parties desire to Contract for that entire term, provided that succeeding fiscal years of that term
shall be made subject to the availability and budgeting of federal funds for that purpose.
WHEREAS, the Contractor has submitted a Letter of Intent to accept such federal highway safety grant
funds and to perform such enforcement work, pursuant to the terms of this Contract; and
WHEREAS, the Contractor has available the technical ability to properly perform the project and to
address the occupant protection enforcement objectives of the CDOT OTS; and
Page 1 of 12 pages
WHEREAS, this Contract is executed by the State under authority of 29-1-203, 24-42-103 ,
43-1-103(2), 43-1-105, and 43-4-402, C.R.S., and Title 23 U.S.C. Section 402, and by the Contractor under
sections 29-1-203 and 30-11-101, 31-15-101 C.R.S. or home rule charter, as applicable, and the attached
resolution.
NOW THEREFORE, it is hereby agreed as follows:
1. The Contractor's Letter of Intent, the CDOT OTS Contract Management Manual dated October 1,
1994, the State Highway Safety Rules at 2CCR 602-1, and Attachments A, B and C are incorporated into this
Contract by this reference as terms and conditions. The Contractor acknowledges that it has received copies
of the CDOT OTS 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. CDOT OTS Contract Management Manual and Guidelines; then
C. This Contract, proper; then
D. Attachment A - Contract Objectives and Tasks; then
E. Letter of Intent.
2. The Contractor shall carry out the program and shall perform the activities which are specifically
described in the Contract and are generally described in Attachment A (collectively, "the project").
3. The Contractor shall submit timely reports to the State detailing the performance of each one of the
"enforcement waves", as described in Activity# 3 of Attachment A, according to the contract specifications and
reporting criteria described in Attachment A, page 1.
4. Project Funding Provisions. The total budget amount authorized by this Contract for the actual costs
of the project work is $1,000 per wave, as described in Attachment A, page 4. The State shall pay this total
budget amount, as provided herein.
a. State's total share (1999) $6,000
4. A. Provided, that if Contractor does not perform any one or more of the "enforcement waves", as
described in Activity# 3 of Attachment A and within the specific dates provided therefore, according to the
contract specifications and reporting criteria described in Attachment A, then the Contractor shall not be
reimbursed for any wave or waves that it did not so perform. Provided, further, that the State's obligation for the
total share for future fiscal years shall be contingent upon those federal funds being appropriated, budgeted,
and otherwise made available to CDOT OTS therefore, and the Contractor shall not perform any part of the
future fiscal year services described herein until CDOT OTS provides written notice to the Contractor that such
funds are available. Any such work performed by the Contractor without that notice shall be at Contractor's
sole expense and shall not be reimbursed by CDOT OTS.
4. B. The Contractor has agreed to provide the services and at the rates and on the terms as described
herein as needed to satisfactorily perform and complete the Contract work for the full term of this Contract,
subject to the availability of funding. Funds are currently available and encumbered for the work for the 1999
Fiscal Year in the amount specified above, but no funds are currently encumbered for future Fiscal Years. The
State may add funds, and/or exercise options to extend the period of performance or to order additional
services, and/or to order additional enforcement tasks, as described below:
Page 2 of 12 pages
Funding Letter
The State, unilaterally, has the right to increase the amount of available funds under this Contract. In that
event, the State will notify the Contractor thereof by Funding Letter. The Funding Letter will be in a form
substantially equivalent to that in Attachment D, and it shall not be deemed valid until it shall have been
approved by the State Controller or such assistant as he may designate.
Options (Performance Extension)
Options (Additional Services)
The State may require continued performance for a period of [one year] of any services within the limits and at
the rates specified in the contract. The State may exercise the option by written notice to the contractor
deposited in the mail before the end of the performance period of the contract using a form substantially
equivalent to Attachment E. [The State shall give the contractor twenty days preliminary written notice of its
intent to execute the option. Preliminary notice does not commit the State to an extension.] If the State
exercises this option, the extended contract shall be considered to include this option provision. The total
duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.
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.
Options (Additional Services)
Options (Contract Extension)
The State may increase the quantity of services called for in Paragraph 2, Attachment A at the unit price
specified therein. The State may exercise the option by written notice to the contractor deposited in the mail
[within twenty days of execution of the contract] [not later than 90 days prior to the expiration of the contract,
including any of its extension terms], using a form substantially equivalent to Attachment F. Performance of the
added services shall continue at the same rate and under the same terms as the like items called for under the
contract. 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.
Task Order Contract
Individual enforcement"waves" may be defined, negotiated, and ordered from time to time by agreement of the
parties based on the previously agreed to rates, such task orders hereinafter referred to as "orders".
Amendments to terms and conditions, the ceiling amounts specified herein for task orders, or other provisions
of the contract other than as specified in this paragraph shall be by formal amendment processed and executed
in compliance with the Fiscal Rules and signed by the State Controller or his designee. Orders processed in
accordance with this paragraph to add enforcement"waves" shall occur as follows:
A. If the State has need of enforcement wave services, and the contractor agrees to provide those services, the State will provide a
definition of the requirement to the contractor. The contractor will propose a[price][cost ceiling]for the task using the rates
agreed to. The proposal shall include the estimated number of hours, material costs, and amount of other elements of cost
fixed by the parties in agreed to rates, as well as the proposed time for performance, in a form acceptable to the State.
B. Upon negotiation and agreement by the parties about the scope of the task,the[price] [cost ceiling], and the time for
performance,the task order letter attached as Attachment G shall be prepared and signed by the parties.
C. Performance of the work, and payment for that work, shall be governed by the standards, procedures, and terms set forth in this
contract. Upon negotiation and acceptance of the task order, the contractor warrants that performance will be successfully
completed within the time and [price] [cost ceiling] identified in the task order. The State's financial commitment memorialized
by the task order letter shall not be effective until signed by the Controller or such assistant as he may designate.
D. The cumulative"not to exceed"amount for all additive tasks under this paragraph shall be$6,000. The State's financial
obligation is limited by this amount, and the contractor shall accept no orders which result in a cumulative contract value which
exceeds the"not to exceed"value. Amendments to the"not to exceed"amount, and any other modification or amendment to
the terms and conditions of this contract other than specified in this paragraph, must be in writing, executed in accordance with
the State Fiscal Rules, and be approved by the Controller or his designee.
Page 3 of 12 pages
4. C. The State shall use the occupant protection mini-grant funds exclusively to pay 100%of the actual costs
incurred by the Contractor for the project work up to the State's maximum share amount of 100%of$6,000 TOTAL.
Provided, however, that the State's maximum share shall not exceed the amount of$6,000 for any reason, including
if the Contractor voluntarily pays more than the minimum 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.
4. D. It is anticipated that the Contractor may voluntarily provide either payment of actual costs or
in-kind services exceeding its contract amount 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.
4. E. If the Contractor incurs project costs which exceed the 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.
4. F. The State's share of the total budget amount will be provided solely from the occupant protection
enforcement mini-grant application funds. Any obligation of the State under this Contract is contingent upon
occupant protection enforcement mini-grant application funds being available for this Contract and upon the
Contractor carrying out the scheduled "enforcement waves".
4. G. The State will pay the Contractor for the State's share of actual costs incurred on a monthly basis,
subject to prior review and approval by the State of work performance and pursuant to payment procedures
contained in the CDOT OTS Contract Management 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.
4. H. 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 through 9/30/99 by the Governing Body for
the purpose of this Contract. Continuation of this project through September 30, 1999 will be solely dependent
on available federal funds in fiscal year 1999.
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 after October 1, 1998 and terminate
on September 30, 1999.
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.
7. a) Termination Due to Loss of Funding. 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 Contractor 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 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.
Page 4 of 12 pages
62. Grant Assurances
Such requirements include Title 49, Code of Federal Regulations, Part 18, unless other applicable
federal requirements are more specific and therefore supersede the provisions of 49 CFR Part 18.
Part 18 requirements include, without limitation:
a) the Local Agency/Contractor shall follow applicable procurement procedures, as
required by section 18.36(d);
b) the Local Agency/Contractor shall request and obtain prior CDOT approval of changes
to any subcontracts in the manner, and to the extent required by, applicable provisions
of section 18.30;
c) the Local Agency/Contractor shall comply with section 18.37 concerning any sub-
grants;
d) to expedite any CDOT approval, the Local Agency/Contractor's attorney, or other
authorized representative, shall also submit a letter to CDOT certifying Local
Agency/Contractor compliance with section 18.30 change order procedures, and with
18.36(d) procurement procedures, and with 18.37 subgrant procedures, as applicable;
e) the Local Agency/Contractor shall incorporate the specific contract provisions
described in 18.36(I) (which are also deemed incorporated herein) into any
subcontract(s) for such services as terms and conditions of those subcontracts.
Page 6 of 12 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 Fort Collins STATE OF COLORADO
ROY ROMER, GOVERNOR
Contractor: By
Position: Mayor/Commissioner FOR THE EXECUTIVE DIRECTOR
COLORADO DEPARTMENT OF
TRANSPORTATION
Contractor:
Position: Sheriff/Chief
APPROVED AS TO FORM:
City of Fort Collins
Attorney
ATTEST: ATTEST:
City of Fort Collins Chief Clerk
Clerk Department of Transportation
APPROVALS
CLIFFORD W. HALL GALE NORTON
Controller Attorney General
By By
GEORGE MCCULLAR BARRY B. RYAN
Controller Assistant Attorney General
Department of Transportation Civil Litigation Section
Page 7 of 12 pages
RESOLUTION #
A RESOLUTION APPROVING
OCCUPANT PROTECTION TWIST CAMPAIGN
CONTRACT
WHEREAS, the Fort Collins Police Department, on behalf of the City of Fort Collins, has submitted a
letter of intent to the Colorado Department of Transportation, Office of Transportation Safety to receive
Occupant Protection Twist Campaign Federal Highway Safety Grant funding from October, 1998 through
September, 1999, spanning both the 1999 and 2000 federal fiscal years, for the promotion of seat belt and
child safety seat use in Colorado and the enforcement of laws pertaining to use of occupant protection
restraints, pursuant to §42-4-237 through 42-4-236, CRS; and
WHEREAS, the State has approved the Occupant Protection Twist Campaign and has prepared the
Contract with the Fort Collins Police Department; and
WHEREAS, the Fort Collins Police Department has the authority and responsibility to fund and
to sign contracts on behalf of the City of Fort Collins; and
WHEREAS, the Occupant Protection Twist Campaign Contract with the Fort Collins Police
Department in the amount of$6,000, has been presented to the City of Fort Collins for approval; and
WHEREAS, the Fort Collins Police Department understands that the project Contract term covers
parts of 2 fiscal years (1999 + 2000), and that this Resolution is intended to approve the participation and
obligation of the city/county for both fiscal years, subject to the availability of federal funding for the 2000
fiscal year;
WHEREAS, a resolution by the Fort Collins Police Department formally approving the Occupant
Protection Twist Campaign Contract, and authorizing the proper signature to be affixed to the Contract
indicating such approval is required by the State of Colorado.
NOW, THEREFORE, BE IT RESOLVED, the City of Fort Collins hereby approves the term,
conditions and obligations of the Occupant Protection Twist Campaign Contract NC-20, and hereby
authorizes the appropriate authority to sign the Contract on behalf of the Fort Collins Police Department.
Name
Title
Attest
Title
Page 8 of 12 pages
Sample Option Exercise Letter/Time
Attachment E
Date:
TO: [Contractor]
[Address]
SUBJ: Option Exercise Letter
In accordance with Paragraph of contract routing number , FAA ADA , between the
State of Colorado, Department of Transportation, ( division) and
[Contractor]
covering the period of the State hereby exercises the option for
[an additional one year's performance period at the (cost) (price) specified in paragraph
The maximum amount payable by the State in Paragraph 4 is (increased/decreased) by
($ amount of change) to a new total of ($ ). The first sentence in Paragraph 4A is hereby
modified accordingly.
State of Colorado:
Roy Romer, Governor
For the Executive Director
Colorado Department of Transportation
Title
APPROVALS: FOR THE STATE CONTROLLER
Clifford W. Hall
By: By:
State Controller or Designee
For Division
Page 10 of 12 pages
Sample Option Exercise Letter/Services
Attachment F
Date:
TO: [Contractor]
[Address]
SUBJ: Option Exercise Letter
In accordance with Paragraph of contract routing number , FAA ADA between
the State of Colorado, Department of Transportation, (_division and
[Contractor]
covering the period of the State hereby exercises the option for
[maintenance services for at the prices specified in Exhibit_.]; or
The maximum amount payable by the State in Paragraph is (increased/decreased) by
($ amount of change) to a new total of ($ ). The first sentence in Paragraph is hereby modified
accordingly.
State of Colorado:
Roy Romer, Governor
For the Executive Director
Colorado Department of Transportation
Title
APPROVALS: FOR THE STATE CONTROLLER
Clifford W. Hall
By: By:
State Controller or Designee
For Division
Page 11 of 12 pages
Sample Task Order Letter
Attachment G
Date:
State Fiscal Year 1999
Task Order Letter No.
In accordance with Paragraph _of contract routing number , FAA ADA , between the
State of Colorado, Department of Transportation ( division) and [Contractor] covering the period
of through the undersigned agree that the services affected by this change letter are
modified as follows:
Task Order Description
The contractor shall perform the task in accordance with [the following
specifications/statement of work] [the contractor's task order proposal dated , as amended by
amended task order proposal dated both of which are hereby incorporated by reference].
Price/Cost
The [price] [maximum amount payable by the State] for[service [supply[ described above is
($ ) for a new contract total of ($ 1.
Performance Period
The contractor will complete the performance in this task order by [date].
This task order is executed pursuant to paragraph of the original contract. The parties agree that all
work shall be performed according to the standards, procedures, and terms set forth in the original contract.
In the event of any conflict or inconsistency between this amendment and the original contract, such conflict
or inconsistency shall be resolved by reference to these documents in the following order: Special
Provisions, original contract, attachments/exhibits to the original contract, this task order letter,
attachments/exhibits to this task order letter.
This task order is effective as of In no event shall it be deemed valid until it shall have
been approved by the State Controller or such assistant as he may designate.
Please sign, date, and return all copies of this letter on or before 19_
Contractor Name: State of Colorado:
Roy Romer, Governor
By: By:
Name: For the Executive Director
Title: Colorado Department of Transportation
APPROVALS: FOR THE STATE CONTROLLER
Clifford W. Hall
By: By:
For: Division State Controller or Designee
Page 12 of 12 pages
SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
1.This contract shall riot 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 shall,before entering upon the performance of any such work included
in this contract,duty 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 terms of this contract-Such bond shall be duly executed by a qualified corporate
society 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,tc am hire,sustenance.provisions,provendor or other supplies used or consumed by such contractor or his subcontractor in performance of the work
contracted to he 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 shalt be audited,allowed or paid.A certified or cashier's check 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 39-26-I0-6.
INDEMNIFICATION
4.To the extent authorized by law,the contractor shall indemnify,save,and hold harmless the State,its employees and agents,against any and all claims.
damages,liability and court awards including costs,expenses,and attorney fees incurred as a result of any act or omission by the contractor,or its employees,
agents.subcontractors,or assignees pursuant so the terms of this contract.
DISCRIMINATION AND AFFIRMATIVE ACTION
S.The eoactsesne agrees to comply with the kttcr and spirit of the Colorado Artidisaiminatioa Act of 1957.as amended.and other applicable law respecting
diaetimination and unfair employment practices(CRS 24-34.402).and as required by Executive Order.Equal Opportunity and Affirmative Action.dated April 16.
1975.Pursuant thereto,the Jollowfng provisioug shall be contained in all Stare contracts or sub-
contracts-During the performance of this contract.the eouttactor agrees as follows:
(a)The contractor will,not discritoinate against any employee or applicant for employment because of race,creed.color,national origin,sex,
marital status,seligwa,ancestry.mental or physical handicap,or age The eoturaaor will take affumacvc anion to iasnre that t norappt bettt are dtoftemployed.and that
employoa ate treated during employment.wisbout regard to the above mentioned ehara terk6 .Such action shall include,but on.be 8mited to rite Mowing:
employment upgrading,demotion,or sraasfer,seers itment or recruitment advaddagn IsyoBs or aermioadons:rates of pay or Cher farms of 001UPCIIS160134 and
selection for training.including;apprenticeship.The contractor agrees to post in conspicuous places,available to employees and applicant for employment-
notices to be provided by the contracting officer setting forth provisions of this non-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.color.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 be has a collective bargaining agreement or other contract or
understanding,notice to be provided by she contracting officer,advising the labor union or workers'representative of the contractor's cotnmitfuent under the
Executive Order,Equal Opportunity and Affirmative Action,dated April 16.1975.and of the rules.regulations.and relevant Orders of the GovcrWr.
(d)The contractor and labor unions will furnish all information and reports required by Executive Order.Equal Opportunity and Affirmative Action of April
16. 1975. and by the rules,regulations and 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 labor organization will not exclude any individual otherwise qualified from full 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 any act defined in this contract to be discriminatory.
Forth 6-AC-02B
Revised t/93
39S-S3.01.1022
page pares
(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 pan 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 other 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 provisions. 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
jnay 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
are financed in whole or in pan by State funds.
b.When a construction contract for a public project is to be aw•arde0 to a bidder,a resident bidder shall be allowed a preference against a non-resident bidder from
a state nr fnrcign country equal to the preference given Or. required by the sate or for
country in which the non-resident bidder is a resident.if it is determined by
the office:responsible fur awarding the bid that compliance with this ,uhsec110n.tM mac cause denial of federal fends 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 refcccace 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 tefenisce
which purports to negate this or any other spacial provision in whole or in pan shall be valid or enforceable or available in say action at law whether by way of complaint.
defence.or otherwise.Any provision tenderednull and void by the operation of this provision will tat invalidate the remainder of this contract to the extent that the
contract is capable of execution.
_E.At all times during the performance of this contract,the Contractor shall strictly adhere to all applicable federal and state taws,rules,and regulations that have
been or may hereafter be established. '
9.The signatories aver that they are familiar with CRS 18-9-301.en seq..(Bribery and Corrupt influences)and CRS 18-"1,ct.seq.,(Abuse of Public Office).
and that no violation of such provisions is present.
10.The signatories aver that to their knowledge,no sate employee his any personal or beneficial interest whatsoever in the service or property described berein:
VY'1TNESS WHEREOF.the panics hereto have executed this Contract on the day first above written.
Contract
(Full Legal Name) _ STATE OF COLORADO
ROY ROMER,GOVERNOR
By.
•S EXECUTWE CTOR
Position(Title) -
Social Security Number w rNeml I.D.Number DEPARTMENT
If Corporation:) OF
Attest 1 Scal)
By
Corywuc Se"t'ary,o,Equbalen, Ta+n/City my Clerk
APPROVALS
ATTORNEY OENER CONTROLLER By By.
Foera 6-AC-02C Pate 2 +'hich is the last of 7 pates
Revised IN3
3"-5}01-1030
COLORADO DEPARTMENT OF TRANSPORTATION
CONTRACT OBJECTIVE PLAN
State Program: Public Ways Contracting Agency: Fort Collins Police Department
State Sub-Program: Transportation Safety Project Coordinator: Officer Jeff Groves
Problem Solution Plan: Occupant Protection Contract Period: Effective date through 9/30/99
Project# NC-20 HSP # 99-06 IT
ask # 61-02
Objective:
To encourage local law enforcement agencies to aggressively enforce occupant restraint laws
within the City of Fort Collins through a combination of intensive statewide public education,awareness efforts and
performing the activities described in the Approved Occupant Protection Twist Campaign Contract as
summarized below.
Task
Activity# Activity Description
1 Provide law enforcement personnel within the Fort Collins Police Department for overtime enforcement of
Colorado's occupant restraint laws, with an emphasis on the primary child passenger law as stated in the
Approved Occupant Protection TWIST Campaign Contract.
2 Encourage the Fort Collins Police Department officers to issue traffic citations for violations of Colorado's
occupant restraint laws,where officers determine in their judgement that such citations are warranted.
3 Participate in six(6) designated enforcement waves (when personnel available)within the following time frames:
11/20-11/29/98 2/26-3/7/99 5/14-5/23/99 7/16-7/25/99 8113-8/22/99 9/17-9/26/99'
'Should dates change,your agency will be notified as soon as possible.
4 Conduct informal pre&post enforcement safety belt usage surveys of 100 drivers and 100 outboard passengers
to be completed on CDOT printed forms and submitted within 7 days of the conclusion of each wave.
5 Submit an 'Activity Evaluation Report provided by CDOT(via fax)to Marian Fisher(303) (757-9453), 'FAX:
(303) (757-9051) by 5:00 p.m. one (1)week after doing the scheduled enforcement wave. See report dates
below:
12/7/98 3/14/99 5/30/99 8/1/99 10/3/99'
'Should dates change,your agency will be notified as soon as possible.
'The information (contained in each wave report) will be used in lieu of CDOT quarterly and final reports.
Previous editions are obsolete and may not be used CDOT Form#1106
7/92
Attachment A Page 1 of 4
T~F DO THE TWIST
ACTIVITY EVALUATION REPORT
ENFORCEMENT WAVE-
Ifs the laws. Repotting Period
Agency Individual Reporting _. Phone
Total#of officers participating in overtime enforcement wave: Total#of Overtime Hours:
Note: If no activity occurred during this enforcement wave,please complete the above section only.
..... ........ .
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;
1. Total Primary Law Seat Belt Warnings 4. Total Primary Law Child Safety Seat Citations
(ages 4 through 15) (under age 4 and 40 pounds)
2. Total Primary Law Seat Belt Citations 5. Total Secondary Law Safety Belt Warnings
(ages 4 through 15) 6. Total Secondary Law Safety Belt Citations
3. Total Primary Law Child Safety Seat Warnings
(under age 4 and 40 pounds)
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va;�iti„�}:4a<�:,�.:, :.y,..,a 9`;>tWCc',..:;�} , :.;;t;,�v.�: ;'; »} ' §Z :: C`�:2.<n:•i}>.h�:'<•�P�:.E{:�::;:Y:�ac♦:::Y'�'x♦,;:J�:.,:a'�`a.a,.
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Drugs Weapons Driving Under Suspension_
Stolen Vehicles Recovered No proof of insurance Fugitives Apprehended
Other.(Information the media may be interested in)
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Pl�`�. MR`�.�.Ii��'1 1��`i"1::.�
Pre Post Pre Post
Total#of Drivers Observed Total#of Outboard Front Seat Passengers Observed — —
Total#of Drivers Buckled Up Total#of Outboard Front Seat Passengers Buckled Up _ .—
Average Driver Usage Rate _% _% Average Outboard Passenger Usage Rate
.... ..... .......:..v:,.:..:.:.,,..::::.:::::::::::.,::x:::�}.:<;..:::}:.: a.a:•:;^±^:o:.}}}xv:}:;.::;.;.:;;. :�xC:;;:;..:.}:.:::<^:i':<::y::;`.C%:na:�t;¢:::i::
"ON:REPORTMLATEMM; ANN
Colorado Department of Transportation
Office of Public Information,Room 277
4201 E.Arkansas Avenue
Denver, CO 80222
Attn: Marian Fisher
Phone (303) 757-9453 Fax (303)757-9051 40
PLEASE CALL DUKE SMITH (303) 757-9463 FOR MORE INFORMATION
Attachment A , , page 3 of 4 pages
COLORADO DEPARTMENT OF TRANSPORTATION
CONTRACT FINANCIAL BUDGET
PROJECT# NC-20 - Fort Collins Police Department
BUDGET ALLOCATION FOR HSP# 99-06 TASK# 61-02
Cost category OTS($) A enc ($) Total($)
Personal Services $6,000 -0- $6,000
Operating expenses
Travel expenses
Capital equipment
Other
Totals $6,000 -0- 1 $6,000
DISTRIBUTION OF OTS FUNDS (BENEFIT OF): STATE $ -0- LOCAL$6,000
BUDGET ALLOCATION FOR HSP# TASK#
Cost cate or OTS($) A enc $ Total($)
Personal Services
O eratin0 expenses
Travel expenses
Capital equipment
Other
Totals
DISTRIBUTION OF OTS FUNDS (BENEFIT OF): STATE $ LOCAL$
BUDGET ALLOCATION FOR HSP# TASK#
Cost category OTS($) A enc $ Total($)
Personal Services
Operating expenses
Travel expenses
Capital equipment
Other
Totals
DISTRIBUTION OF OTS FUNDS (BENEFIT OF): STATE $ LOCAL
TOTAL BUDGET OTS($) A enc $ Total($)
$6,000 $-0- $6,000
Previous editions are obsolete and may not be used
CDOT Forth#110a W92
Attachment A page 4 of 4