Loading...
HomeMy WebLinkAbout1997-045-04/01/1997-CHILD CAR SEAT DEPARTMENT OF TRANSPORTATI0N IGA OCCUPANT PROTECTION SEAT BELT TWIST CAMPAIGN GRANT RESOLUTION 97-45 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH COLOR-ADO 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 April, 1997 through June, 1998 spanning both the 1997 and 1998 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 an Eight Thousand Dollar ($8,000) grant to be paid to the City subject to the terms and conditions of the Contract; and WHEREAS, the City understands that the project term covers part of two fiscal years, 1997 and 1998, 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 1998 fiscal year; and WHEREAS, as a precondition to 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. 60, 1997, 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. 60, 1997, takes effect. Passed and adopted at a regular meeting of the City Council held this 1 st day of April, A.D. 1997. Mayor ATTEST: 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 80522 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, Org. Unit 9815, Contract Encumbrance Number 9115, GBL NA20, and FEIN # 846000587, for the financial obligation of the State under this Contract for the 1997 federal fiscal year, ending 9/30/97. New numbers must be assigned and sufficient funds encumbered effective 10/1/97 for the financial obligation of the state under this contract for the 1998 federal fiscal year, ending 9/30/98; 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 federal highway safety grant funds are anticipated to cover 2 federal fiscal years, and the parties desire to Contract for that entire 2 year term, provided that the 2nd year of that term is 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 Page 1 of 6 pages 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 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 herein by this reference as terms and conditions of this contract. 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; then D. Attachments A, B, C, in that order; 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 8 "enforcement waves", as described in Activity# 3 of Attachment A, according to the contract specifications and reporting criteria described in Attachments A and B. 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 C. The State shall pay this total budget amount, as provided herein. a. State's total share (1997) $3,000 b. State's total share (1998) $5,000 4. A. Provided, that if Contractor does not perform any one or more of the 8 "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 Attachments A and B, 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 federal fiscal year 1998 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 1998 federal fiscal year services described herein until CDOT OTS provides written notice to the Contractor that the 1998 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. Page 2 of 6 pages 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 a term spanning both 1997 and 1998 federal fiscal years, subject to the availability of funding. Funds are currently available and encumbered for the work for the 1997 federal Fiscal Year in the amount specified above, but no funds are currently encumbered for the 1998 federal Fiscal Year. 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. 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 $3,000 TOTAL. Provided, however, that the State's maximum share shall not exceed the amount of$3,000 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 eight 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 ac- counting 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 9/30/97 by the Governing Body for the purpose of this Contract. Continuation of this project through June 30, 1988 will be solely dependent on available federal funds in fiscal year 1998. 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 April 1, 1997 and terminate on June 30, 1998. 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 6 pages 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 of other material prepared by the Contractor under this Contract shall, at the option of the State, become its property, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Notwithstanding the above, the breaching party shall not be relieved of liability to the non-breaching party for any damages sustained by the non-breaching party by virtue of a breach of the Contract by the breaching party, and the State may withhold any payments to the Contractor for the purpose of set off until such time as the exact amount of damages due the State from the Contractor is determined, if the Contractor is a breaching party. c) Termination for Convenience. Either party may terminate this Contract at any time that it determines that the purpose of the distribution of monies under the Contract would no longer be served by completion of the Project. Such party shall effect such termination by giving written notice of termination to the other party and specifying the effective date thereof, at least twenty (20) days before the effective date of such termi- nation. 8. The Contractor shall adopt a resolution substantially in the form presented by the State, which approves this Contract, and authorizes a signatory to execute this Contract. A copy of such resolution shall be attached to and made a part of this Contract. 9. INDEPENDENT CONTRACTOR RELATIONSHIP. 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. CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID PURSUANT TO THIS CONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR A THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. CONTRACTOR SHALL HAVE NO AUTHORIZATION, EXPRESS OR IMPLIED, TO BIND THE STATE TO ANY AGREEMENTS, LIABILITY, OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE WORKER'S COMPENSATION (AND SHOW PROOF OF SUCH INSURANCE) AND UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW, AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR, ITS EMPLOYEES AND AGENTS. 10. The Special Provisions are attached hereto and hereby made a part hereof as terms and conditions of this contract. Page 4 of 6 pages 11. The Local Agency/Contractor shall be cognizant of and fully comply with all federal requirements applicable to the performance of the Work, and/or applicable to any procurement for the Work, under this federally funded contract. 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 subgrants; 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 5 of 6 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 MATTHEW A. REAY, MANAGER TRANSPORTATION SAFETY AND Contractor: TRAFFIC ENGINEERING BRANCH Position: Sheriff 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 6 of 6 pages RESOLUTION # A RESOLUTION APPROVING OCCUPANT PROTECTION TWIST CAMPAIGN CONTRACT WHEREAS, the City of Fort Collins, on behalf of the Fort Collins Police Department, 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 April, 1997 through June, 1998, spanning both the 1997 and 1998 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 City of Fort Collins; and WHEREAS, the City of Fort Collins has the authority and responsibility to fund and to sign contracts on behalf of the Fort Collins Police Department; and WHEREAS, the Occupant Protection Twist Campaign Contract with the City of Fort Collins in the amount of$8,000, has been presented to the City of Fort Collins for approval; and WHEREAS, the City of Fort Collins understands that the project Contract term covers parts of 2 fiscal years (1997 + 1998), 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 1998 fiscal year; WHEREAS, a resolution by the City of Fort Collins 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 NA20, and hereby authorizes the appropriate authority to sign the Contract on behalf of the City of Fort Collins. Name Title Attest Title Attachment D (Contract Funding Letter) Date: TO: Sergeant Jack Taylor Fort Collins Police Department SUBJ-. Contract Funding Letter In accordance with Paragraph 4. A. and 4. B., between the State of Colorado, Department of Transportation (CDOT) and the City of Fort Collins covering the period of April 1, 1997 through June 30, 1998, the undersigned commits the following funds to the contract: The amount of funds available and specified in paragraph 4. C. is increased by $5,000 to a new total funds available of$8,000 to satisfy orders, or to complete the performance of work, under the contract. Paragraph 4. C. is hereby modified accordingly. This funding letter does not constitute an order for services under this contract. This funding letter is effective upon approval by the State Controller or such assistant as he may designate. State of Colorado: Roy Romer, Governor By: MATTHEW A. REAY, MANAGER TRANSPORTATION SAFETY AND TRAFFIC ENGINEERING BRANCH APPROVALS: FOR THE STATE CONTROLLER Clifford W. Hall By: State Controller or Designee SPECIAL PROVISIONS CONTROLLER'S APPROVAL I.This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate.This provision is applicable to any contract involving the payment of money by the State. FUND AVAILABILITY 2. Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated.budgeted. and otherwise made available. BOND REQUIREMENT 3.if this contract involves the payment of more than fifty thousand dollars for the construction,erection,repair,maintenance,or improvement of any building. road,bridge.viaduct,tunnel-excavation or other public work for this State.the contractor shall,before entering upon the performance of any such work included in this contract,duly execute and deliver to the State official who will sign the contract,a good and sufficient bond or other acceptable surety to be approved by said official in a 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 surety conditioned upon the faithful performance of the contract and in addition,shall provide that if the contractor or his subcontractors fail to duly pay for any labor.materials,team hire.sustenance-provisions,provendor or other supplies used or consumed by such contractor or his subcontractor in performance of the work contracted to 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 shall 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 38-26-106. 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 to the terms of this contract. DISCRIMINATION AND AFFIRMATIVE ACTION 5.The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957.u amended,and other applicable law respecting discrimination and unfair employment practices(CRS 24-34-402),and as required by Executive Order,Equal Opportmnity and Affirmative Action,dated April 16, 1975.Pursuant thereto.the following provisfons shall be contained in all State contracts or sub-contracts. During the performance of this contract,the contractor agrees as follows: (a)The contractor will not discriminate against any employee or applicant for employment because of race,creed,color,national origin,sex, marital status,religion,ancestry,mental or physical handicap,or age.The ccomctor will take affirmative action to insure that applicants are employed,and that employees arc tasted during employment,without regard to the above memiooed chanctmis&L Such action shall include,but not be limited to the following: employment upgrading.demotion,or transfer.recruitment or recruitment adverosings:layoffs or wrmrnauons:rates of pay or other forms of compimutioo;and selection for training,including apprenticeship.The contractor agrees to post in conspicuous places,available to employees and applicants 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,sate 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 he has a collective bargaining agreement or other contract or understanding,notice to be provided by the contracting officer,advising the labor union or workers'representative of the contractor's commitment under the Executive Order.Equal Opportunity and Affirmative Action,dated April 16. 1975,and of the rules,regulations,and relevant Orders of the Governor. (d)The contractor and labor unions will furnish all information and reports required by Executive Order.Equal Opportunity and Affirmative Action of April 16, 1975, and by the rules,regulations and Orders of the Govemor,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 ortem.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. Form 6-AC-02B - Rcvised 1/93 395-53-01-1022 page 1 of 2 pages (g)In the event of the contractor's non-compliance with the non-discrimination clauses or 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 may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado. COLORADO LABOR PREFERENCE 6a.Provisions of CRS 8-17-101 & 102 for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereunder and arc financed in whole or in part by State funds. b.When a construction contract for a public project is to be awarded to a bidder,a resident bidder shall be allowed a preference against a non-resident bidder from a state or`"reign country equal to the preference given or required by the state or foreign counin.in which the non-resident bidder is a resident.If it is determined by the office. «sponsible for awarding the bid that compliance with:his iuhcecaon An mac cuu,,dcniel of federal funds which would otherwise be available or would otherwise be inconsistent with requirements of Federal law,this subsection shall be suspended.butonly 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 reference which provides for arbitration by any extra-judicial body or person or which is otherwise in conflict with said laws,rules,and regulations shall be considered null and void.Nothing contained in any provision incorporated herein by reference which purports to negate this orally other special provision in whole or in part shall be valid or enforceable or available in any action at law whether byway of complaint, defence,or otherwise.Any provision tendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution. 8.At all times during the performance of this contract,the Contractor shall strictly adhere to all applicable federal and state laws,rules,and regulations that have been or may hereafter be established. 9.The signatories aver that they are familiar with CRS 18-8-301.et.seq..(Bribery and Corrupt Influences)and CRS 18-8-401,et.seq-.(Abuse of Public Office). and that no violation of such provisions is present. 10.The signatories aver that to their knowledge,no state employee has any personal or beneficial interest whatsoever in the service or property described herein: WITNESS WHEREOF.the parties hereto have executed this Contract on the day first above written. Contracto . (Full Legal Name) _ STATE OF COLORADO ROY ROMER,GOVERNOR By •yEXECLT VE CTOR Position(Title) Social Security Number m Federal I.D.Number DEPARTMENT If Corporation:) OF Attest(Scat) By C,,ryurare Seereury,or Eq.,viikm 7owu/Ciry my Ckrk APPROVALS ATTORNEY CE'`ER CONTROLLER By By Form 6-AC-02C Faze 2 which is the list u( Revised 1193 395-53411-1030 COLORADO DEPARTMENT OF 'i..ANSPORTATION CONTRACT OBJECTIVE PLAN State Program: Public Ways Contracting Agency: Fort Collins Police Department State Sub-Program: Transportation Safety Project Coordinator: Sergeant Jack Taylor Problem Solution Plan: Occupant Protection Contract Period: Effective date through 6/30/98 Project#NA20 HSP# IT ask# Objective: Fort Collins Police Department: 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 City of Fort Collins 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 City of Fort Collins 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 eight(8) designated enforcement waves (when personnel available)within the following time frames: 4/18-22/97 5/23-27/97 8/15-19/97 10117-21/97 1116-20198 2/13-17198 4124-28/98 5122-26/98* *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)and/or Maid Nelson (303) (202-0383) by 5:00 p.m.the day after doing the scheduled enforcement wave. See report dates below: 4/29/97 6/3197 8/26197 10/28/97 1127198 2/24/98 515/98 612/98* *Should dates change,your agency will be notified as soon as possible. 6 Inform local news media of scheduled special safety programs and safety belt/child safety seat compliance in all fatal crashes. 7 Provide each motorist contacted during the campaign with a CDOT-provided safety brochure and/or other safety material. 8 Commit at least one law enforcement officer to attend a one-day workshop/training session at a CDOT- designated training site on or before 9/30/97. 9 The summary report(reported by the Office of Transportation Safety)will be based on information contained in the Activity Evaluation Report submitted after each wave. This information will serve as quarterly reports and the final report. Previous editions are obsolete and may not be used CDOT Form#1106 7/92 Attachment A Page 1 of 3 COLORADO DEPARTMENT OF 'i..ANSPORTATION CONTRACT EVALUATION DATA Project# NA20 HSP# Task# Fort Collins Police Department Task Type of Report Activity# Evaluation Description evaluation timeframe 1 Approximately every other month (beginning in April), the Performance Quarterly/Final Contractor shall conduct enforcement waves and submit enforcement summary reports to the Office of Transportation Safety in accordance with the Occupant Protection TWIST Campaign Contract. These Enforcement Summary Reports will state all activity accomplishments as required by Contract # NA20 during the reporting period. 2 Upon completion of all Occupant Protection TWIST Performance Quarterly/Final Campaign enforcement activity, the Fort Collins Police Department will submit eight(8)Activity Evaluation Reports on or before 4/29/97, 6/3/97, 8/26197, 10/28/97, 1/27/98, 2/24/98, 5/5/98, and 6/2/98 in accordance with the Occupant Protection TWIST Campaign guidelines. 3 No payment for costs incurred during the reporting period will Performance Quarterly/Final be reimbursed by the Office of Transportation Safety until Activity Evaluation Reports and claim reimbursement forms have been received. (refer to claim reimbursement guidelines in the CDOT OTS Contract Management Manual). Previous editions are obsolete and may not be used CDOT Form#1107 7/92 Attachment A page 2 of 3 AC'i SITY EVALUATION .EPORT AGENCY REPORTING PERIOD TO 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. I. Enforcement Contacts: 1. Total Primary Law Seat Belt Warnings (ages 4 through 15) 2. Total Primary Law Seat Belt Citations (ages 4 through 15) 3. Total Primary Law Child Safety Seat Warnings (under age 4 and 40 pounds) 4. Total Primary Law Child Safety Seat Citations (under age 4 and 40 pounds) 5. Total Secondary Law Safety Belt Warnings 6. Total Secondary Law Safety Belt Citations ll. Other Arrests: Drugs Weapons Driving Under Suspension Stolen Vehicles Recovered Fugitives Apprehended Other: (Information the Media may be interested in) Ill. Pre & Post Enforcement Safety Belt Compliance Survey: 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_% 99�' RETURN ACTIVITY EVALUATION REPORT TO Colorado Department of Transportation Office of Public Information 4201 E.Arkansas Avenue Denver, Colorado 80222 ATTENTION: Maid Nelson FAX: (303)202-0383 or(303) 757-9051 For more information, calla Duke Smith(303) 757-9463 COLORADO DEPARTMENT OF i RANSPORTATION CONTRACT FINANCIAL BUDGET PROJECT# NA20 - Fort Collins Police Department BUDGET ALLOCATION FOR HSP# TASK# Cost category OTS($) Agency($) Total($) Personal Services $8,000 -0- $8,000 Operating expenses Travel expenses Capital equipment Other Totals 1 $8,000 1 -0- 1 $8,000 DISTRIBUTION OF OTS FUNDS (BENEFIT OF): STATE$ -0- LOCAL $8,000 BUDGET ALLOCATION FOR HSP# TASK# Cost category OTS($) Agency($) Total($) Personal Services Operating expenses Travel expenses Capital equipment Other Totals DISTRIBUTION OF OTS FUNDS (BENEFIT OF): STATE$ LOCAL$ BUDGET ALLOCATION FOR HSP# TASK# Cost category OTS($) Agency($) Total($) Personal Services Operating expenses Travel expenses Capital equipment Other Totals DISTRIBUTION OF OTS FUNDS (BENEFIT OF): STATE$ LOCAL TOTAL BUDGET OTS($) Agency($) Total($) $8,000 $-0- $8,000 Previous editions are obsolete and may not be used CDOT Form#1108 5192 Attachment A page 3 of 3