HomeMy WebLinkAbout1994-045-03/01/1994-COLORADO DEPT TRANSPORTATION IGA LEAF GRANT POLICE SERVICES SUBSTANCE ABUSE RESOLUTION 94-45
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CITY MANAGER 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
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 prevention of substance abuse; and
WHEREAS, the State has approved the application and has prepared LEAF
Contract #94-410-09; 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 #94-410-09, which requires no matching funds, has
been presented to the City of Fort Collins for approval ; and
WHEREAS, a resolution from the City of Fort Collins 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; and
WHEREAS, Ordinance No. 70, 1993, authorizes the City Manager to sign on
behalf of the City those intergovernmental agreements which provide for a City
expenditure of less than $5,000, and which do not entail significant policy
consideration.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS
that it hereby approves the terms, conditions and obligations of LEAF Contract
#94-410-09, which is attached hereto as Exhibit "A" and incorporated herein by
this reference, and hereby authorizes the 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 ort
Collins held this 1st day of March, A.D. 1994.
r
ATTEST:
City Clerk
Exhibit A
DEPARTMENT AGENCY NUMBER
CONTRACT ROUTING NUMBER
C O N T R A C T
THIS CONTRACT, made this day of 1991), 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, Fort Collins,
Colorado 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 400 , Appropriation Code 312, Object Number 5110, Org Unit 9804 ,
Contract Encumbrance Number 9597, GBL Number 0918; 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 1994 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 in Attachment A of this Contract; and
Page 1 of 5 pages
WHEREAS, it has en determined no State age ;y 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 Contrast,- t i the_ extent c_ons-ist�_nt
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
E. Attachment B - Scope of Work (if other than Attachment A)
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 hereto, 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 Application
F. Attachment B - Scope of Work (if other than Attachment A)
T. The Contractor shall carry out the program, conduct all the
activities and provide the services described in the Scope of Work
attached hereto as Attachment A and detailed in Attachment A.
4 . In the performance of the work, the Contractor shall comply
with all applicable administrative procedures and contract
requirements contained in the November 1, 1992 Colorado Highway Safety
Contract Management Manual .
S . 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 in page 2 of Attachment A.
5-. The Contractor shall comply with the- budget for this contract
as set forth in page 3 of Attachment A. The Contractor shallbe
solely responsible for all costs incurred in excess of this budget
amount .
Page 2 of 5 pages
7. The total es. .nated program costs shall $19, 000 . 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 $19, 000
3,_ Contract_o_m shares -0-
(estimated in-kind services as
detailed in application)
C. Total estimated program costs $19, 000
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
pa-mformancz 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, 1994 . 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 procurements, 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) Termina )n for Cause . If, for anj ause, 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.
ATTEST STATE OF COLORADO
ROY ROMER, GOVERNOR
Chief Clerk JOHN E. CONGER, DIRECTOR
Transportation Department OFFICE OF TRANSPORTATION SAFETY
ATTEST Contractor
Clerk of City of Fort nCollins Chief/Sheriff
Mayor/Commissioner
APPROVALS
GALE NORTON
Attorney General
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 to any contract involving the payment of money by the State.
FUND AVAILABILITY
3.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 rot 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,provender or other supplies used or consumed by such contractoror 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 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 it,compliance with CRS 39-26.106.
INDEMNIFICATION
A. To the extent authorized by law, the contractor .roll mdemmfy, save,and hold harmless the State,its employees and agents,against any and all claims,
dama¢es,liability and court awards including cost.,ea pcn.es.and attorney fees incurred as a result of any act or omission by the contractor,or its employees,
aacn¢,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 Act of 1957. as amended,and other applicable law respecting
discrimination and unfair employment practices(CRS 24-3-302).and as required by Executive Order.Equal Opportunity and Affirmative Action,dated April 16,
1975.Pursuant thereto.the following provisions shall he contained in all State contracts or suit-contracts.
During-the performance of-this romract:the contractoragrees 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 contractor will take afftrmaove acoon to insure that applicants are employer.and that
employees are created 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,recruitnent or recruitment adventsings: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 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,state that all qualified applicants will
receive consideration foremployment without regard to race.aced,color,national origin-sex,marital status.religion.ancestry,mental or physical handicap,
or age.
to 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 Orden 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 Orden of the Governor,or pursuant thereto-and will permit access to his books, records, and accounts by the
committing agency and the office of the Governor or his designee for purposes of investigation.to ascertain compliance with such rules,regulations and orders.
to)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.rational origin,or ancestry.
(f)-A labor organization-or the employees or members thereof will not aid,abet,incite.compel or coerce the doing of any act defined in this contract to be
discriminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder,or attempt.either directly
or indirectly,to commit any act defined in this contract to be discriminatory.
Form 6-AC-02B
Revised 1193
395-S3.0I-1022
page of a pages
(g)In the event of the contractor's non-compliance with the nondiscrimination 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 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 u may be imposed and remedies as may be invoked u 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 ate applicable to this contract if public warks within the Suite are undertaken hereunder and
arc financed in whole or in part by Seta 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 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 determined by
the officer responsible for awarding the bid that compliance with this subsection.06 may cause denial of federal funds which would otherwise be available or would
otherwise be inconsistent with requirements of Federal law,this subsection shall be suspended,but only to the extent necessary to prevent denial of the moneys or to
eliminate the inconsistency with Federal requirments(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 extras-judiciai 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 pan shall be valid or enforceable or available in any action at law whether by way 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.
Is.At all times during the performance of this contrast.the Contractor shall strictly adhere to all applicable federal and state laws,rules,and regulations that have
been or may hereafter be csublishcd.
9.The signatories aver that they are familiar with CRS 18.8.301,at.seq..(Bribery and Corrupt Influences)and CRS I8.8-401.et.seq.-(Abuse of Public Office),
and that no violation of such provisions is present.
10.The signatories aver that to their knowledge,no suite employee has any personal or beneficial interest whatsoever in the service or property described herein:
IN WITNESS WHEREOF,the parties herein have executed this Contract on the day first above written. _
( Legal Name) STATE OF COLORADO
ROY ROMER,GOVERNOR
By
•S E%ECUT1vE DIRECTOR
Position(Title)
5«ui sec,way'sum«r or Padcr DEPAR T
If Corporation:) OF
Attest tSea)
By Co.perne Secreuq.or Eamvucn,.To.vC..y6ounry Clu,
I
APPROVALS i
ATTORNEY GENERAL C OLLER
By By
Form 6-A 2C
Revise /93 Pa¢e g which is the last of
;J pages
39 01-10I0 •See instructions an reverse side.
EDO DEPARTMENT OFT 4SPORTATION
RACT OBJECTIVE PLAN
State Program: Contracting Agency:
Public Ways Fort Collins Police Services
State Sub-Program: Project Coordinator:
Transportation Safety James E. Szakmeister
Problem SolpIP09rtive Prevention Programs Contrtqffr&dive date to 9/30/94
Project# 94-410-09 HSP g 94-01 Task R 18-09
Objective:
The Fort Collins Police Services will conduct a substance abuse prevention program
which will target underage drinking by utilizing involvement, education and
enforcement.
Task
Activity P Activity Description
18-09.1 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 assigning officers to the Scud Team.
18-09.2 Schedule officers to conduct and carry out visits to junior and
senior high schools in an effort to recruit involvement from
students. Assign officers to underage drinking enforcement
details.
18-09.3
Submit quarterly claims for reimbursement in accordance to the
Contract Management Manual and within the budget summary which is
found on Attachment A.
18-09.4
Complete the baseline information form (which will be provided
during the Pre-Work Conference) by April 20, 1994.
18-09.5
Submit quarterly reports to the Office of Transportation Safety by
April 20, July 20, and October 20, 1994 and submit the final report
by November 15, 1994.
Previous editions are obsolete and may not be used CDOT Fortin 91106
7/92
Attachment A , page 1 of 3
COLORADO DEPARTMENT OF TR. .3PORTATION
OFFICE OF TRANSPORTATION SAFETY
CONTRACT EVALUATION DATA
Project# 94-410-09 HSP# 94-01 Task# 18-09
rt
Activity a �_ EVALUATION DESCRIPTION I_ Evaluation- I_ Timee of lrame_
18-09.1 When was the project started? On time? Performance Quarterly
What date? What are (if any) the
problems encountered? Was the scud team
initiated? What is the mission of the
team?
18-09.2 What type of events were conducted or Performance Quarterly
planned? What agencies received a
benefit from the project? Number of
people affected? Were underage drinking
campaigns conducted? How many?
18-09.3 Is the budget limitation which is found Financial Quarterly
on Attachment A, page 3 being followed?
If not, what problems have been
encountered?
18-09.4 Was the baseline information form survey Performance Quarterly
completed and sent in to OTS by April
20, 1994?
18-09.5 Are the quarterly/final reports being Administrative Quarterly/Final
submitted according to the Contract
Management Manual?
DHS-23B PnNdant"Ilion,m obsolete and may not be used COOT FORA#1107
11/91
Attachment A , page 2 of
COLORADO DEPARTMENT OF tANSPORTATION
CONTRACT FINANCIAL. BUDGET
PROJECT # 94-410-09
FGELLOCATION FOR HSP# 94-01 TASK# 18-09
st category OTS(s) Agency($) Total($)
ices 13,000 -0- 13,000
{�enses- 8,000- -0— 5,000ses -0- -0- -0-
ment -0- -0- -0-
-0= 1 -0= -0--
Totals 19,000 -0- 19,000
DISTRIBUTION OF OTS FUNDS (BENEFIT OF): STATE $ LOCAL $19,000
BUDGET ALLOCATION FOR HSP# TASK#
Cost category OTS($) Agency($) Total($)
Personal Services
Operating expenses
LDISTRIBUTION
ses
pment
Totals
OF OTS FUNDS (BENEFIT OF): STATE $ LOCAL $
BUDGET ALLOCATION FOR HSP# TASK#
Cost category OTS(s) 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($)
$19,000 $-0- $19,000
Irevious editions are obsolete and may not be used
CDOT Form*1108
5192
Attachment A page 3 of 3