HomeMy WebLinkAbout1994-195-12/06/1994-COLORADO DEPT TRANSPORTATION LEAF CONTRACT SUBSTANCE ABUSE GRANT RESOLUTION 94-195
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE LAW ENFORCEMENT
ASSISTANCE FUND (LEAF) CONTRACT BETWEEN THE CITY AND THE
STATE DEPARTMENT OF TRANSPORTATION
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 of a Law Enforcement
Assistance Fund ("LEAF") project for prevention of substance abuse; and
WHEREAS, the State has approved the application and has prepared a LEAF
Contract for project number 95-410-11, a copy of which is attached hereto as
Exhibit "A" and incorporated herein by reference ("the Contract") ; 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, a Resolution from the Council formally approving the LEAF 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 BY THE COUNCIL OF THE CITY OF FORT Collins
that it hereby approves the Contract and its terms and conditions, and hereby
authorizes the Mayor to sign the Contract on behalf of the City.
Passed and adopted at a regular meeting of the Co '1 of the City of Fort
Collins held this 6th day of December, A.D. 1994.
yor �
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 Department of Transportation, Office of Transportation Safety,
4201 East Arkansas Avenue, Denver, Colorado 80222, hereinafter referred to as the State, and the City
of Fort Collins for the use and benefit of the Fort Collins Police Services, 300 LaPorte Avenue, PO Box
580, Fort Collins, CO. 80522-0580 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 307, Object Number 5120, Org Unit 9814, Contract
Encumbrance Number 9748, GBL 95G5, FEIN Number 846000587; and
WHEREAS, required approval, clearance and coordination has been accomplished from and with
appropriate agencies; and
WHEREAS, the State is authorized under Sections 43-5-401 and 24-42-103, C.R.S., as amended,
to coordinate with the federal government and other entities to develop and implement plans and
programs involving all aspects and components of traffic safety in Colorado; and
WHEREAS, pursuant to Title 23 United States Code, Sections 402, 408, and 410, and to 23 Code
of Federal Regulations, Parts 924, 1204 and 1205, the State has received approval and federal grant
funding for implementation of its Fiscal Year 1995 Highway Safety Plan (HSP) from the U.S. Department
of Transportation, National Highway Traffic Safety Administration; and
WHEREAS, the HSP contains programs and activities which the State has determined, in
accordance with applicable criteria, are designed to reduce the frequency and severity of alcohol and
other drug related traffic crashes or improve the operational efficiency of existing traffic safety programs
regarding the alcohol and drug impaired driver in Colorado; and
WHEREAS, the State solicits and reviews Applications and determines which agencies or entities
would be most appropriate in completing the objectives, conducting the activities and providing the
services required by the HSP; and
WHEREAS, the Contractor has submitted an Application to conduct certain activities approved in
the HSP which Application has been approved by the State; and
WHEREAS, the Contractor has the technical ability to properly complete the objectives and
activities of the Application, as described on page 1 of Attachment A of this Contract; and
Page 1 of 5 pages
WHEREAS, it has been determined no State agency can reasonably conduct the activities and
provide the services required of the Contractor; and
WHEREAS, this contract is executed by the State under authority of Sections 43-5-401 and 24-42-
101, C.R.S., as amended, and is executed by the Contractor under authority of Section 29-1-203, C.R.S.,
as amended, and as authorized by the formal resolution attached hereto; and
WHEREAS, the Contractor warrants it has taken all necessary steps to ensure the individual
Contractor signatory below has the authority to sign this Contract.
NOW THEREFORE, it is hereby agreed as follows:
1. The following Attachments and other documents are incorporated as terms and conditions
of this Contract, to the extent consistent with this Contract.
A. State "Special Provisions"
B. Attachment A - Contract Objective and Tasks
C. Office of Transportation Safety Contract Management Manual
D. The Project Application
The Contractor shall comply with all such terms and conditions in the performance of the work.
2. If a conflict occurs between the terms and conditions of this Contract proper and the
attachments herto, the priority to be used to resolve such conflict shall be as follows:
A. State "Special Provisions"
B. This Contract proper
C. Attachment A - Contract Objective and Tasks
D. Office of Transportation Safety Contract Management Manual
E. The Project Applications
3. The Contractor shall carry out the program, conduct all the activities and provide the
services described and detailed on page 1 of Attachment A.
4. In the performance of the work, the Contractor shall comply with all applicable administrative
procedures and contract requirements contained in the October 1, 1994 Colorado Highway Safety
Contract Management Manual.
5. The Contractor shall submit periodic and final reports to the State according to the
requirements of the Contract Manual and the reporting criteria set forth on page 2 of Attachment A.
6. The Contractor shall comply with the budget for this contract as set forth on page 3 of
Attachment A. The Contractor shall be solely responsible for all costs incurred in excess of this budget
amount.
Page 2 of 5 pages
7. The total estimated program costs shall be $48,133. Subject to the conditions of this contract,
the State and Contractor shall participate in providing this amount as follows:
A. State share (federal funds) shall not exceed: $48,133
B. Contractor share (estimated in-kind services
as detailed in application): -0-
C. Total estimated program costs: $48,133
The State share shall be comprised entirely of federal funds made available to the State. The State
share amount of this Contract shall not be exceeded. If the actual total program costs are less than
the estimated total program costs as a result of the contractor's failure to supply all of the estimated
contractor share, the state's share shall be reduced proportionately. The term "proportionately"
means the ratio of actual expenditures to total planned expenditures for both State and contractor
shares. The contractor may increase the contractor share without further state approval, but this
increase shall have no impact on the state share.
8. The State shall reimburse the Contractor for the satisfactory performance of this Contract
exclusively from funds made available for this contract under the Highway Safety Act, Title 23, U.S.C.
Section 410. Such reimbursement shall be only as provided in the Contract Manual. Such
reimbursement shall be contingent upon the contribution by the Contractor of its participating share
as provided herein, and shall be contingent upon the continuing availability of federal funds under the
Highway Safety Act, Title 23, U.S.C. Section 410, for the purposes hereof.
9. The term of this Contract shall begin on the effective date and shall terminate on
September 30, 1995. The effective date of this Contract shall be the date the required signature
approval of the State Controller is obtained on this Contract, as evidenced by the date first appearing
above. Contractor agrees that any contract work performed or costs incurred prior to the effective
date shall not be compensated under the terms of this Contract.
10. The Contractor agrees that any subcontract entered into under this Contract shall meet all
applicable state and federal requirements, including the requirements in Title 49, C.F.R. Section
18.36 concerning competitive procurement, and must be approved by the Director, Office of
Transportation Safety, prior to execution. Contractor shall not assign this Contract without prior
written approval of the State: any assignment without such approval shall be void.
11. a) Termination Due to Loss of Funding. The parties hereto expressly recognize the
Contractor is to be paid, reimbursed, or otherwise compensated solely with federal funds provided
to the State for the purpose of contracting for the services provided for herein. Therefore, the
Contractor expressly understands and agrees all its rights, demands and claims to compensation
arising under this Contract are contingent upon receipt of such funds by the State. In the event such
funds or any part thereof are not received by the State, the State may immediately terminate or
amend this Contract.
Page 3 of 5 pages
b) Termination for Cause. If, for any cause, the Contractor shall fail to fulfill in a timely and proper
manner its obligations under this Contract, or if the Contractor shall violate any of the covenants,
agreements or stipulations of this Contract, the State shall thereupon have the right to terminate this
Contract for cause by giving written notice to the Contractor of such termination and specifying the
effective date thereof, at least 30 days before the effective date of such termination. In that event, all
finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and
reports or other material prepared by the Contractor under this Contract shall, at the option of the
State, become its property, and the Contractor shall be entitled to receive just and equitable
compensation for any satisfactory work completed on such documents and other materials.
Not withstanding the above, the Contractor shall not be relieved of liability to the State for any
damages sustained by the State by virtue of a breach of the Contract by the Contractor, and the State
may withhold any payments to the Contractor for the purpose of setoff until such time as the exact
amount of damages due the State from the Contractor is determined.
c) Termination for Convenience. The State may terminate this Contract at any time the State
determines the purposes of the distribution of monies under the Contract would no longer be served
by completion of the Project. The State shall effect such termination by giving written notice of
termination to the Contractor and specifying the effective date thereof, at least 20 days before the
effective date of such termination.
12. Independent Contractor. The Contractor shall perform its duties hereunder as an
independent contractor and not as an employee. Neither the Contractor nor any agent or employee
of the Contractor shall be, or shall be deemed to be, an agent or employee of the State, and they shall
have no authorization, express or implied, to bind the State to any agreements, settlements, liability,
or understanding except as expressly set forth herein. The Contractor shall be responsible to the State
for the ultimate results of performance required hereunder but shall not be subject to the direction and
control of the State as to the means and methods of accomplishing the results. The specifications in
this Contract of particular performance standards the State deems essential to proper performance and
Contract value shall in no event be deemed to alter this relationship. Contractor shall pay when due
all required employment taxes and income tax withholding, including all federal and State income tax
on any moneys paid pursuant to this Grant Contract. The 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. The Contractor acknowledges that Contractor and its
employees are not entitled to the benefits of worker's compensation insurance or unemployment
insurance unless the Contractor or a third party provides such coverage and that the State does not
pay for or otherwise provide such coverage.
13. The Special Provisions attached hereto are hereby made a part hereof.
Page 4 of 5 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:
Position: Mayor/mow
Contractor: By
Position: ChieflfteyW JOHN E. CONGER, Director
Office of Transportation Safety
APPROVED AS TO FORM:
Cit�rof Fort Collins
"4tt&hey
ATTEST ATTEST
City of Fort Collins Chief Clerk
Clerk Department of Transportation
APPROVALS
CLIFFORD W. HALL GALE NORTON
State Controller Attorney General
By By
GEORGE MCCULLAR, Controller BARRY B. RYAN
Department of Transportation Assistant Attorney General
Natural Resources Section
Page 5 of 5 Pages
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 many 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 arc 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,
rod.bridge,viaduct,camel,excavation or other public-ark for this Swe,the contractor shall,before entering upon the performance of any such wort included
in this contract.duly execute and deliver to the State official who-ill sign the ewtraet,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 thin if the contractor or his subcontractors fail to duly pay for any
tabor,materials,team hire,sustenance,provisions,provender or other supplies used or consumed by such contractor or his subcontractor in performance of the work
contracted to be done or fails to pay any person who supplies rental machinery,tools.or equipment in the prosecution of the work the surety will pay the same,in
an amount not exceeding the sum specified in the bond,together with interest st the rase of eight per cem per ismtm.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 Sate of Colorado may be accepted in lieu of a bond.This provision is in compliance with CRS 39-26-106.
INDEMNIFICATION
a.To the extent authorized by law,the contractor.hall indemnify,save,and hold harmless the Sale,its employees and agents,against any and all claims,
damages,liability and court awards including costs,espen.cN.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 term%of thn contract.
DISCRIMINATION AND AFFIRMATIVE ACTION'
5.The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Am of 1957.as:mended-and other applicable law respecting
discrimination and unfair employmem practices(CRS 24-34402).and as required by Executive Order,Equal Opportunity and Affirmative Action,dated April 16.
1975.Punaant thereso,the following provisions shall be ronmined in all State eomracts or subcontracts.
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 surus,religion.ancestry.mental or physical handicap,or age.The arunxtor will take AfSnud"Amon to imme that applicants are employed,and that
ansPlovces ate neared during employment,without regard to the above mentioned chaacteristia.Such arson shall include,but not be lhnised to the following:
emP10yanest upgrading,desnotion,or transfer.recruitment or recndtment advedsiags;layoffs or imi aadms,rues of pay or other forms of compemadom;and
selection rCT a tinning,imclndingpsrnd«snip.The comvactar agteesao Is in co
notices to be provided by the contractingofficer setting ford °� Places.available to employees and applicants for employment.
rag provisions of this not-disaimina6on clause.
(b)The contractor will.in all aoficiations or advertisements fa 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 stars,religion,ancestry,mescal or physical handicap,
or age.
(c)The contractor will sad 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 worker'repsexaadve of the eomtractor's commitment under the
Executive Order.Equal Opportunity and Affirmative Action,dated April 1&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 Governor,or Pursuant thereto.and will permit access to his books,records,and accounts by the
contracting agency and the office of the GovMor or his designs for purposes of investigation to ascertain compliance with such rules.regulations said orders.
let A tabor organization will not exclude any individual otherwise qualified horn 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 became of nee.creed,color.
sex.national origin,or ancestry.
(f)A labor organization,or the employees or members thereof will not aid,abet.incite,compel or co sce the doing of any act defined in this contract to be
discriminatory,or obstruct or prevent an,person from complying with the Provisions of this contract or any order issued thereunder,or attempt.tither directly
or indirectly,to commit any act defined in this contnR to be discriminatory.
Form 6-AC-0'_13
Revised If93 -
395-53-01-1022
Pave-1 of__L pages
(g)to the event of the contractor's noncompliance with the non-discrimintim clauses of this contract or with any of such rules,regulations,or orders,
this contract may be canceled,terminated or suspended in whole or in part and the contractor my 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 promolgared in accordance therewith,and such other sanctions as my be imposed and remedies as my 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.
(b)The contractor will include the provisions of paragraphs(a)through(h)in every sub-contract and subcontractor purchase order unless exempted by
rules,regulatiets,or orders issued pursuant to Executive Order.Equal Opportunity and Affsrmative Action of April 16.1975,so that such provisions will
be binding upon each subcontractor orvendor.The contractor will take such action with respect to any sub-contracting or purchase order as the contracting
agency my 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,litigatim with the subcontractororvendor as a result of such direction by the contracting agency,the contractor
my request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado.
COLORADO LABOR PREFERENCE
Ga.Provisions of CRS 8-17-101&102 for gefemue of Colorado labor are applicable to this contract if public works within the State am undertaken hereunder and
arc financed in whole or in put 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 can-resident bidder from
a wan or foreign country equal to the preference given or required by the state or foreign country in which the nonresident bidder is a resident.If it is determined by
the officer responsible for awarding the bid that compliance with this subsection.06 my arse denial of federal funds which would otherwise be available or"aid
Otherwise be inconsistent with requirements of Federal law,this subsection shag be suspended.but only to the extent necessary to prevent denial of the moneys or to
eliminate the inconsistency with Federal requirements(CRS 8-19-101 and 102)
GENERAL
7.The laws-of the State of Colorado and mles and regulations issued pursuant thereat,shall be applied in the interpretation,execution.and enforcement of this
contract.Any provision of this contract whether or ram incorporated herein by reference which provides for arbitration by any eta-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 or any Other special provision in whole or in put shall be valid orenforceable or available in any action at law whether byway of complaint
defence,or otherwise.Any provision rendered null and void by the operation of this provision will not invalidate:the remainder of this contract to the exuat 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 sure laws,mla,and regulations that have
bea or my hereafter be established
9.The signatories aver than they are familiar with CRS 18.8-301.ct seq.,Bribery and Corrupt Influences)and CRS 184-401.cr.seq..(Abuse of Public Office),
SAW that no violation of such provisions is presetrt
10.The signatories aver that to their knowledge,at,state employee has any personal or beneficial interest whaaeever in the service or property described berm:
Page 2 of 2
COLORADO DEPARTMENT OF TRAT%SPORTATION
CONTRACT OBJECTIVE PLAN
State Program: Public Ways Contracting Agency:
Fort Collins Police Department
State Sub-Program: Transportation Safety Project Coordinator:
Sam Hagerman
Problem Solution Plan: Contract Period.
Project# HSP# Task#
95-410-11 95-01 19-08
Objective:
The Fort Collins Police Department will conduct a substance abuse prevention
program which will target the high risk population on the legal requirements for
driving and the consequences caused by impaired driving.
Task
Activity# Activity Description
19-08.1 Start the project within 30 days of the effective date of the
contract and conduct the substance abuse prevention program within
the City of Fort Collins by conducting the required activities.
The goal of this will be the reduction of traffic fatalities and
injuries caused by impaired drivers within the targeted population.
19-08.2 Schedule officers to conduct and carry out the planning, production
and management of the project as stated in the approved
application.
19-08.3 Submit quarterly claims for reimbursement in accordance to the
Contract Management Manual and within the budget summary which is
found on Attachment A, page 3 of 3.
19-08.4 Submit quarterly reports to the Office of Transportation Safety by
January 20, April 20, July 20, and October 20, 1995 and submit the
final report by November 15, 1995.
Pre.'ous eaitioro are obaoiete and may nol be ueea CDOT FOM#1106
Trot
Attachment A page 1 of 3
COLORADO DEPARTMENT OF TkFNSPORTATION
CONTRACT EVALUATION DATA
Project# HSP# Task#
95-410-11 95-01 19-08
Task Type of Report
activity# Evaluation description evaluation timeframe
19-08.1 When was the project started? On time? Performance Quarterly
What date? What are (if any) the
problems encountered? What groups are
in the partnership? How are they
involved?
19-08.2 What type of events were conducted or Performance Quarterly
planned? What agencies received a
benefit from the project? Number of
people affected? How is the material
distributed?
19-08.3 Is the budget limitation which is found Financial Quarterly
on Attachment A, page 3 being followed?
If not, what problems have been
encountered?
19-08.4 Are the quarterly/final reports being Administrative Quarterly/Final
submitted according to the Contract
Management Manual?
Previous editions are obsolete and may not be used CDOT Form 41107 8/93
Attachment A , page 2 of 3
COLORADO DEPARTMENT OF ...ANSPORTATION
CONTRACT FINANCIAL BUDGET
PROJECT # 95-410-11
Fonae
LLOCATION FOR HSP# 95-01 TASK# 19-08
st category OTS(s) Agency($) Total($)
ices 38,133 0- 38,133
penses 10,000 -0- 10,000
ses -0- -0- -0-
ment -0- -0- -0-
-0- 1 -0- -0-
Totals 48,133 -0- 48,133
DISTRIBUTION OF OTS FUNDS (BENEFIT OF): STATE $ LOCAL $48,133
BUDGET ALLOCATION FOR HSP# TASK#
Cost category OTS($) Agency($) Total($)
Personal Services
Operating expenses
Travel expenses
Capital equipment
Other
Totals
DISTRIBUTION OF OTS FUNDS (BENEFIT OF): STATE $ LOCAL $
7Services
FOR HSP# TASK#
ry OTS(s) Agency($) Total($)
PO
Travel expenses
Capital equipment
Other
Totals
DISTRIBUTION OF OTS FUNDS (BENEFIT OF): STATE $ LOCAL $
TOTAL BUDGET OTS($) Agency($) Total($)
$48,133 $-0- $48,133
Previous editions are obsolete and may not be used
CDOT Form#1108
8192
Attachment A , page 3 of 3