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HomeMy WebLinkAbout1993-152-10/19/1993-COLORADO DEPT TRANSPORTATION DRUNK DRIVING IGA LEAF CONTRACT L-29-94 POLICE SERVICES RESOLUTION 93-152 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND THE STATE DEPARTMENT OF TRANSPORTATION APPROVING THE LAW ENFORCEMENT ASSISTANCE FUND (LEAF) CONTRACT L-29-94 WHEREAS, the City of Fort Collins, on behalf of the Fort Collins Police Services, has submitted an application to the Colorado Department of Transportation, Office of Transportation Safety for funding the Law Enforcement Assistance Fund ("LEAF") project for the prevention of drunken driving and the enforcement of laws pertaining to driving under the influence of alcohol or other drugs, pursuant to §43-4-401 through 404, C.R.S. , and to LEAF Rules at 2 CCR 602. 1; and WHEREAS, the State has approved the application and has prepared LEAF Contract L-29-94 which requires the City of Fort Collins to provide certain matching funds for this project; and WHEREAS, the City of Fort Collins has the authority and responsibility to fund the Fort Collins Police Services and to sign contracts on behalf of the Fort Collins Police Services; and WHEREAS, LEAF Contract L-29-94, which requires the local agency to provide matching funds in the amount of $96,244, has been presented to the City of Fort Collins for approval and the requirements of Amendment 1 will not prevent the City from meeting its responsibilities under this LEAF Contract; and WHEREAS, a resolution by the City of Fort Collins formally approving the LEAF Contract, obligating the required local match funds, and authorizing the proper signature to be affixed to the Contract indicating such approval is required by the State of Colorado. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that it hereby approves the term, conditions and obligations of LEAF Contract L- 29-94, which is attached hereto as Exhibit "A" and incorporated herein by this reference, obligates Ninety-six Thousand Two Hundred Forty-four Dollars ($96,244) in the General Fund for Police Services to satisfy the local funding requirements of the Contract, and hereby authorizes the Mayor or City Manager to sign the LEAF Contract on behalf of the City of Fort Collins. Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 19th day of October, A.D. 1993. i or ATTEST: IML_I�LNI'L4" City Clerk DEPARTMENT OR AGENCY NUMBER: L-29-94 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") and the City of Fort Collins, for the Fort Collins Police Services, 300 Laporte Avenue, Fort Collins, CO. 80521 (hereinafter referred to as "the Contractor") . WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment in Fund Number 403 Appropria- tion Code 304, and Contract Encumbrance Number 0856; and WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, the Legislature has created the Law Enforcement Assistance Fund (LEAF) for the prevention of drunken driving (43-4-401 through 43-4-404, CRS, replacement edition) ; and WHEREAS, LEAF has been established to provide funds to aid in the prevention of drunken driving and the enforcement of laws pertaining to driving under the influence of alcohol and drugs; and WHEREAS, pursuant to 943-4-404 , C.R.S. , the State is authorized to allocate LEAF funds by contract to local authorities (cities and counties) to benefit the health and safety of persons in Colorado by the implementation of local programs developed by the local authorities for drunken driving prevention and law enforcement improvements; and WHEREAS, the Contractor has submitted a LEAF project funding Appli- cation, which has been approved by the State; and WHEREAS, the Contractor has established a qualified program, con- sistent with current State Highway Safety rules at 2CCR 602-1, to coordinate efforts to prevent drunken driving and to enforce laws pertaining to driving under the influence of alcohol and drugs within its jurisdiction; and WHEREAS, the Contractor has available the technical ability to properly perform the project as described in the Approved Application and to address the LEAF objectives of the Legislature; and WHEREAS, this Contract is executed by the State under authority of 29-1-203 , 43-1-106, 43-4-402 and 403 , and 24-42-103 CRS, and by the Con- tractor under sections 29-1-203 and 30-11-101, 31-15-101 CRS or home rule charter, as applicable, and the attached resolution. Page 1 of 7 pages NOW THEREFORE, it is hereby agreed as follows : 1 . The Contractor' s Approved LEAF Application, the. LEAF Contract Management Manual dated August 1, 1992 and LEAF Application Guidelines dated July, 1992 , the State Highway Safety Rules at 2CCR 602-1, and Attachments A, B and C are incorporated herein by this reference as terms and conditions of this contract . The Contractor acknowledges that it has received copies of the LEAF Contract Management Manual, the Application Guidelines, and the State Highway Safety Rules . The Contractor shall comply with all terms and conditions of this Contract . In the event of a conflict between the terms of this Contract and the terms of the incorporated materials, the following priority shall be used to resolve such conflict : A. State Highway Safety Rules; then B : LEAF Contract Management Manual and Guidelines; then C. This Contract; then D. Attachments A, B, C, in that order; then E. Approved Application. 2 . The Contractor shall carry out the program and shall perform the activities which are specifically described in the Approved Application and are generally described in Attachment A (collectively, "the project" ) . 3 . The Contractor shall submit quarterly reports to the State detailing the performance of this Contract according to the reporting criteria described in Attachment B. 4 . Project Funding Provisions . The total budget amount authorized by this Contract for the actual costs of the project work is $171, 244, as described in Attachment C. The State and the Contractor shall participate in the payment of this total budget amount, as provided herein. A. State ' s maximum share (from LEAF) $75, 000 (44%) B. Contractor' s share $96, 244 (561) TOTAL AMOUNT $171, 244 (100°6) The State shall use LEAF funds exclusively to pay for 44% of the actual costs incurred by the Contractor for the project work up to the State ' s maximum share amount of $75, 000 (44%; of $171, 244) . Provided, however, that the State ' s maximum share shall not exceed the amount of $75, 000 for any reason, including if the Contractor voluntarily pays more than the minimum match amount required of the Contractor under this contract, unless this contract is supplemented in writing to that effect prior to the incurring of any cost in excess of the total budget amount . The Contractor shall provide a minimum match share of $96, 244 (56% of $171 , 244) , either in payment of actual costs incurred for the project work or in the performance of in-kind services on the project, which reimbursement be directly related to the enforcement of laws pertaining to driving under the influence of alcohol or other drugs . Page 2 of 7 pages It is anticipated that the Contractor may voluntarily provide either payment of actual costs or in-kind services exceeding its minimum match requirement in order to establish the project on a permanent basis, provided that it is expressly understood that any such voluntary payment or services shall not increase the State ' s maximum share under this contract . In addition, if the Contractor fails to provide the total amount of its minimum match share the State ' s obligation to pay its percentage share shall be reduced in direct proportion to the extent of such failure, so that the State ' s obligation will be reduced $44 for each $56 (44%-561s) the Contractor fails to provide . Upon notice from the State, the Contractor shall repay the State any amount that was paid by the State and that a subsequent audit determines the Contractor exceeded the State ' s percentage of obligation under this contact . If the Contractor incurs project costs which exceed the Attachment C budget amount without first obtaining an approval in that amount by written contract amendment, the Contractor shall be solely responsible for the payment of such excess costs . The State share of the total budget amount will be provided solely from LEAF funds . Any obligation of the State under this Contract is contingent both upon LEAF funds being available for this Contract and upon the Contractor providing its minimum share. The State will pay the Contractor for the State ' s share of actual costs incurred on a monthly or quarterly basis, subject to prior review and approval by the State of work performance and pursuant to payment procedures contained in the LEAF Contract Manual . The Contractor shall maintain an itemized accounting of all billings and other records to support all costs charged to the Contract and shall present same to the State upon request . The obligation of the Contractor for all or any part of the payment obligations set out herein shall only extend to monies duly and lawfully appropriated for the purpose of this Contract by the Governing Body of the Contractor. The Contractor hereby represents and warrants that the monies to pay for the Contractor' s obligations described herein have already been legally appropriated by the Governing Body for the purpose of this Contract . S . The effective date of this contract shall be the date the Controller of the State of Colorado approves this contract, or such later date specified herein. The Contract shall begin January 1, 1994, and shall terminate on December 31, 1994 . 6 . The Contractor agrees that any subcontracts entered into by the Contractor under this Contract must meet all applicable State and Federal requirements and must be approved by the Office of Transportation Safety prior to execution by the Contractor. Page 3 of 7 Pages 7 . a) Termination D ,Po 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 Con- tractor 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 pasty 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 setoff 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 ConveniencQ. 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 termination. B . The Contractor shall adopt a resolution substantially in the form presented by the State, which approves this Contract, obligates the necessary local monies to pay for its share of costs or in-kind services 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 . 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 deemed to be an agent or employee of the State . The Contractor shall pay, when due, all required employment taxes and 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 . IPage 4 of 7 Pages IN WITNESS WHEREOF, the parties hereto have caused the foregoing contract to be executed by their duly authorized officers the day and year first above written. ATTEST STATE OF COLORADO ROY ROMER, GOVERNOR Chief Clerk Department of Transportation By DWIGHT M. BOWER Deputy Director Department of Transportation Contractor Position: Mayor/Commissioner By Contractor JOHN E. CONGER Position: Chief/Sheriff Director Office of Transportation Safety ATTEST APPROVED AS TO FORM: City of Fort Collins Clerk City of Fort Collins Attorney APPROVALS CLIFFORD W. HALL GALE NORTON State Controller Attorney General By By BARRY B. RYAN Assistant Attorney General Natural Resources Section Page 5 of 7 Pages Form s ACOzs SPECIAL PROVISIONS CONTROLLER'S APPROVAL 1, This contract shall not be deemed valid unul it shall have been approved by the Controllerof 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 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, toad bridge,viaduct,tunnel,excavation or other public works for this State,the contractor shall,before entering the performance of any such work included in this contract duly execute and deliver to and file with the official whose signature appears below for the State,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 for the due and 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 be done,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,when so required,is executed,delivered and filed,no claim in favor of the contractor arising under this 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 38-26-106 CRS,as amended. INDEMNIFICATION 4. To the extent authorized by law,the contractor shall indemnify,save and hold harmless the State,is employees and agents,against any and ad 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 is 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,as amended and other applicable law respecting discrimination and unfair employment practices(24-34.402.CRS 1982 Replacement Vol.),and as required by Executive Order,Equal Opportunity and Affirma- tive Action,dated April 16, 1975. Punuant thereto. the following previsions shall be contained in all Stare contracts or sub-contracts. During the performance of this contract the contractor agrees as follows: (1) 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 contractorwill take affirmative action to insure that applicants are employed,and that employees are treated during employment without regard to the above mentioned characteristics.Such action shall include,but not be limited to the following:employment upgrading,demotion,or transfer,recruitment or recruitment advertising;layoffs or terminations;rates of pay or other forms of compensation:and selection for training,including apprenticeship.The contractor agrees to post in conspicuous places,available to employee;and applicans for employment notices to be pro- vided by the contracting officer setting forth provisions of this non-discrimination clause. (2) 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,aced. color,national origin. sex, marital status,religion, ancestry,mental or physical handicap, or age. (3) The contractor will send to each labor union or representative of workers with which he has collective bargaining agreement or other contract or understand- ing,nonce to be provided by the contracting officer,advising the labor union or workers'representative of the contractors commitment under the Executive Order, Equal Opportunity and Affirmative Action,dined April 16. 1975.and of the rules, regulations,and relevant Orders of the Governor. (4) The contractor and labor unions willfumishallinformationandreportsrequiredbyExecutiveOrder.EqualOpportunityandAffirmativeActionofApril16. 1975.and by the rules,regul sun ns and Orders of the Governor,or pursuant thereto,and will permit access to his books,records,and accounts by the conuactfng agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules,regulations and orders. (5) 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. (6) 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 dis- criminatory 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. 395.53-01-1022 Revised 1/88 page of_�pages oe•toaowaa Farm 6-AC-02C (7) In the event of the contractor's non-compliance with the non-discrimination clauses of this contractor or with any of such rules,regulations,ororders.this contract may be cancelled,terminated or suspended in whole or in part and the contractor may be declared ineligible for further State contracts in accordance with procedures,authorized in Executive Order,Equal Opportunity and Affirmative Action of April 16,1975 and the rules,regulations.or 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. (8) The contractor will include the provisions of paragraph(1)through(8)in every subcontract 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 subcontracting or purchase order as the contracting agency may direct,as a meats 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 8-17-101&102,CRS for preference of Colorado labor am applicable to this contract if public works within the State are undertaken hereun- der and are financed in whole or in part by State funds. b. When 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 foreign country equal to the preference given or required by the state or foreign country in which the non-resident bidder is a resident.If it is deter- mined by the officer responsible for awarding the bid that compliance with this subsection.06 may cause denial of federal funds which would otherwise be avail- able or world 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(section 8-19-10t and 102, CRS). GENERAL 7. The laws of the State of Colorado and rates 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 extrayudicial 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 or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint,defense at otherwise.Any provision rendered 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 hereto aver that they arc familiar with 1841-301.at.seq.,(Bribery and Corrupt Influences)and 18-"1,et seq.,(Abuse of Public Office), CRS 1978 Replacement Voi„ and that no violation of such provisions is present. 10. The signatories aver that to their knowhxige, no ante employee has a personal or beneficial interest whatsoever in the service or property described herein: Contractor. gal Name) SrATE OF COLORADO ROY ROMER, GOVERNOR By 'I EXECUTIVE DIRECTOR + Position(Tide) -� Soot a.cue7 NweM ar .D.Na DEPARTMENT (If Corporation) OF Attest(Seal) BY Capanr Smvwy.w Eaw•wat TwvQ vCw Ctrs 4PPROVALS ATTORNEY GENERAL C LLER By By F•a 2 �h n er tau-f 2 cow aces-sLdl-1070 'ag COLORADO DEPARTMENT OF TRANSPORTATION LEAF CONTRACT ATTACHMENT A LEAF OBJECTIVE PLAN LEAF project# Responsible Agency T.-2 9- poi ' a Services Contract period Project Coordinator 1-1-94 through 12-31-94 Ser eant Dennis Whitesell LEAF objective: L-29-94 : To increase and improve the enforcement of the laws pertaining to alcohol and drug related traffic offenses by performing the activities described in the Approved Application and summarized below. Activity# Activity description 1 Provide two officers throughout the term of this contract to perform fulltime DUI enforcement- activity within the City of Fort Collins as stated in the Approved Application. 2 Conduct at least two sobriety checkpoints or saturation patrols during 1994 . This can be in cooperation with a nearby agency or solely by the Fort Collins Police Services. 3 Make all reasonable efforts to increase the DUI alcohol and drug related arrests within the City of Fort Collins by 251- from the 1993 level . 4 Purchase related DUI equipment as stated in the Approved Application and have the equipment operational by May 1, 1994 . COLORADO DEPARTMENT OF TRANSPORTATION LEAF CONTRACT ATTACHMENT B LEAF REPORTING CRITERIA LEAF project# 1) . Each quarter the Contractor shall submit a report to the Office of Transportation Safety in accordance with the LEAF Contract Management Manual . The Quarterly Reports will state all activity accomplishments as required by Contract Number L-29-94 during the reporting period. 2) . Upon completion of all LEAF activity the Fort Collins Police Services will submit a Final Report in accordance with the LEAF Contract Management Manual . COLORADO DEPARTMENT OF TRANSPORTATION LEAF CONTRACT ATTACHMENT C LEAF project# L-29-94 - Fort Collins Police Services REVENUES Source of funds Total LEAF Local $171, 244 $75, 000 $96, 244 EXPENSES Category Total Personal services $109, 394 Operating expenses $9, 050 Capital equipment $5 2, 8 0 0 Travel expenses TOTAL $171, 244