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