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RESOLUTION NO. lit?
(Series of 1990)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING AND AUTHORIZING THE EXECUTION OF A CONTRACT BETWEEN THE
STATE OF COLORADO AND THE CITY OF ASPEN PURSUANT TO THE LAW
ENFORCEMENT ASSISTANCE FUND FOR THE PREVENTION OF DRUNK DRIVING.
WHEREAS, the City of Aspen, on behalf of the Aspen Police
Department, has submitted an application to the Colorado Division
of Highway Safety, Department of Highways, for funding a Law
Enforcement Assistance Fund ("LEAF") project for the prevention
of drunken driving and the enforcement of laws pertaining to the
driving under the influence of alcohol or drugs; and
WHEREAS, the City has been notified of an award of LEAF
funds to benefit a local program designed to aid in the preven-
tion of drunken driving and the enforcement of laws pertaining to
driving under the influence of alcohol and drugs; and
WHEREAS, as a condition of said award of LEAF funds the city
has agreed to contribute $21,100.00 toward the total program
budget amount of $55,100.00; and
WHEREAS, a resolution by the City Council of the City of
Aspen formally approving the LEAF contract and authorizing the
Mayor to sign same indicating such approval is required by the
State of Colorado;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, that the terms, conditions and obliga-
tions of the LEAF contract between the city and the State of
Colorado, Contract L-15-91, be and are hereby approved and that
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sufficient City funds to satisfy the local funding requirement of
the contract are to be made available pursuant thereto.
BE IT FURTHER RESOLVED that the Mayor is authorized to
execute the LEAF contract and all other pertinent documents
necessary thereto.
Dated:
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William L. stirling, Mayor
, 1990.
I, Kathryn S. Koch, duly appointed and acting City Clerk do
certify that the foregoing is a true and accurate copy of that
resolution adopted by the City Council of the City
Colorado, at a meeting held ~ ~~
of Aspen,
, 1990.
4h~
Koch, City Clerk
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DEPARTMENT OR AGENCY NUMBER L-15-91
(It
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 High-
ways, Division of Highway Safety, 4201 East Arkansas Avenue, Denver, Colo-
rado 80222 hereinafter referred to as the State, and The City of Aspen (for
the Aspen Police Department), 506 East Main Street, Aspen, CO 81611
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 2001, G/L
Account Number 55906, Contract Encumbrance Number 08527; and
WHEREAS, required approval, clearance and coordination has been accom-
plished 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
'p. vention of drunken driving and the enforcement of laws pertaining to
driving under the influence of alcohol and drugs; and
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WHEREAS, pursuant to ~43-4-404, C.R.S., the State desires to allocate
LEAF funds to local authorities (cities and counties) to benefit the health
and safety of persons in Colorado by the implementation of local pro~rams
developed by the local authorities for drunken driving prevention and law
enforcement improvements; and
WHEREAS, the Contractor has submitted a LEAF ProJect funding Applica-
tion, which has been approved by the State; and
WHEREAS, the Contractor has established a qualified program consistent
wi th current State Highway Safety rules to coordinate efforts to prevent
drunken driving and to enforce laws pertaining to driving under the influ-
ence 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 Application and to address the LEAF
objectives of the Legislature; and
WHEREAS, this Contract is executed by the State under authority of
~9-1-203, 43-1-106, 43-4-402 and 403 CRS, and by the Contractor under sec-
t.' s 29-1-203 and 30-11-101, 31-15-101 CRS or home rule charter, as ap-
e able.
Page 1 of 6 pages
NOW THEREFORE, it 1S hereby agreed as follows:
,
'~' 1. The Contractor's approved Application, the LEAF Contract Management
\, al and Guidelines, the State Highway Safety Rules at 2CCR 602-1, and
A tachments A, Band C are incorporated herein by this reference as terms
and conditions of this contract. The Contractor shall comply with all
terms and conditions of these materials in the performance of this Con-
tract. The Contractor acknowledges that 1t has received copies of the LEAF
Contract Management Manual and Guidelines, and the State Highway Safety
Rules. In the event of a conflict in the provisions of these materials,
the following priority shall be used to resolve such conf11ct:
A. State Highway Safety Rules; then
B. LEAF Contract Management MRnual and Guidelines; then
C. Attachments A, B, C, in thdt order; then
D. Approved Application.
2. The Contractor shall carry out the program and perform the activi-
ties described in the approved Application, as summarized in Attachment A.
3. The Contractor shall submit quarterly reports to the State detail-
ing the performance of this Contract according to the reporting criter1a
described in Attachment B.
4. The total maximum budget for this Contract is described in Attach-
ment C. The Contractor shall not exceed this budget amount unless this
.ount is 1ncreased by written amendment to this contract before the budget
. xceeded. The Contractor understands that if it exceeds the Attachment
, dget amount without first 1ncreasing that amount by written contract
amendment, the Contractor shall be solely responsible for the payment of
such excess amount in addition to the funds required by paragraph 5(b).
5. The total budget amount of this Contract is $55,100.00. The State
and Contractor shall part1cipate in the payment of this amount:
A. State's maximum share (from LEAF)
B. Contractor's share
TOTAL AMOUNT
$34,000
$21,100
$55,100
The maximum amount to be paid by the State under this Contract
shall not exceed the amount of $34,000.00 except upon the execution of a
written amendment to this Contract to that effect, prior to such extra cost
being 1ncurred. Eligible payments will be made by the State to the Con-
tractor on a monthly or quarterly basis, subject to prior reV1ew and ap-
proval by the State of work performance and pursuant to payment procedures
contained in the LEAF Contract Manual. The Contractor's share must be
directly related to the enforcement of laws pertaining to driving under the
influence of alcohol and drugs.
The Contractor understands and agrees that the State share of th1s
total amount will be provided solely from LEAF funds, and that any obliga-
~~ of the State under this contract is contingent upon LEAF funds beIng
r~ available and remaining available for this contract and upon the
contribution by the Contractor of its participating share as prov1ded
herein. If the Contractor does not provide the agreed amount of match1ng
funds required in paragraph 5 (B), the amount of LEAF funds from the State
will be reduced proportionately.
Page 2 of 6 pages
, 6. The effective date of this contract shall be the date the Control-
'IOf the State of Colorado approves this contract, or such later date
\ ified herein. The term of the Contract shall begin January 1, 1991,
an shall terminate on December 31, 1991 or upon satisfactory completion of
the project acti vi ties as determined by the State, whichever shall occur
first.
7. 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 Director of the Division 'of High-~----
way Safety pr10r to execution by the Contractor.
8. a) Terminat10n Due to Loss of Fundin~. The parties hereto express-
ly 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 may immediately
terminate or amend th1S Contract.
b) Termination for Cause. If, through any cause, the Contractor shall
fa11 to fulfill in a timely and proper manner the obligations under this
Contract, or if the Contractor shall violate any of the covenants, agree-
ments or stipulations of this Contract, the State shall thereupon have the
r~t to terminate this Contract for cause by g1ving written not1ce to the
\~ractor of such termination and specifying the effective date thereof,
at least thirty (30) days before the effective date of such termination.
In that event. ~ll finished or unfinished documents, data, studies, sur-
veys, drawings, maps, models, photographs, and, reports of othe~~aterial
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.
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Notwithstanding the above, the Contractor shall not be relieved of
liabi11ty to the State for any damages susta1ned 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 t1me as the
exact amount of damages due the State from the Contractor 1S determined.
c) Termination for Convenience. The State may terminate this Contract
at any time the State determ1nes that the purpose of the distribut10n of
monies under the Contract would no longer be served by complet10n of the
Project. The State shall effect such termination by givin~'written notice
of termination to the Contractor and specifying the effective date thereof,
at least twenty (20) days before the effective date of such termination.
9. The unders1gned signatory for the Contractor warrants that he/she
has the authority to execute this contract on behalf of the COl,tractor.
C~ 10. The Spec1al PrOV1S10ns are attached hereto and hereby made a part
heLeof as terms and conditions of this contract.
Page 3 o~ 6 pages
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. IN WITNESS WHEREOF, the parties hereto have caused the foregoing con-
ct to be executed by their duly authorized officers the day and year
, st above written.
ATTEST
STATE OF COLORADO
ROY ROMER, GOVERNOR
Chief Clerk
Highway Department
ContractorY ~. ~A--
Position: Mayor/f''''''''",i'."vuol'
By
A. RAY CHAMBERLAIN
Executive Director
Department of Highways
Contractor
Position: Chie /ShCl~ '
By
JOHN E. CONGER
Director
Division of Highway Safety
ATTEST
APPROVED AS TO FORM:
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CityrcouhL~ Att-erne,\<
APPROVALS
CLIFFORD W. HALL
State Controller
DUANE WOODARD
Attorney General
By
By
BARRY B. RYAN
Assistant Attorney General
Natural Resources Section
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Page 4 of 6 Pages
Form &-AC.02B
SPECIAL PROVISIONS
1I;OLLER'S APPROVAL
\ ~ IS contract shall not be deemed valid unttlll shall have been approved by the Controller of the State of Colorado or such assistant as he may deSignate ThIs
i-" ISlaR 15 applicable to any contract Involvmg the payment of money by the State
FUND AVAILABILITY
2 Fmanclal obligatIOns of the State payable after the current fiscal year are contmgent upon funds for that purpose bemg appropnated. budgeted and otherwise
made avadable
BOND REQUIREMENT
3 If this contract IOvohes the payment of more than rd'ty thousand dollars for the construction. erection, repair, mamtenance, or unprovement of any buddtng,
road, bridge, Viaduct, tunnel. c'<.ca" allon or other public works forth,s State. the contractor shall, before entenng the performance of any such work mcluded 10 thLS
contract, duly execute and deli vcr 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 officlalm a penal sum not less than one-half of the total amount payable by the terms of thlS contract Such bond shall be duly executed by a
quahfied corporate surety, condluoned for the due and faithful performance of the contract, and m addltlon, shall provide that If the contractor or hiS subcontractors
fad to duly pay for any labor, matenals, team hire, sustenance, prOVIsIons. provendor or other supphcs used or consumed by such contractor or hts subcontractor In
perfonnance of the work contracted to be done. the surety wIll pay the same IR an amount not exceedmg the sum speCified UI the bond, together with Interest at the
rate of eight per cent per annum Unless such bond, when so requlfed, IS executed, delivered and filed. no c1aun m favor of the contractor ansmg under thiS contract
shall be audited. allowed or paid A cettlfied orcashler's check or a bank money order payable tathe Treasurerofthe State of Colorado may be accepted In heu of a
bond ThIS prOVISion 15 In compliance ",Ith 38-26-106 eRS, as amended
INDEMNIFICATION
4 To the extent authonzed by la\.... the contractor shall mdemnlfy, save and hold harmless the State, Its employees and agents, agamst any and all c1auns,
damages, habllity and court a\lo areis mdudmg costs, expenses, and attorney fees mcurred 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 SplOt of the Colorado Antldlscnmmatton Act of 1957, as amended, and other apphcable law respecting
wscnmmatlon and unfair employment practIces (24-34-402 CRS 1982 Replacement Vol ), and as required by Executive Order, Equal OpportUntty and Affirma-
tive ActIOn, dated Apnl16, 1975 Pursuant thereto, thelollowlng proViSIOns shall be contained In all State COl1lracls or sub-contracts
i_mg the performance of thiS contract, the contractor agrees as follows
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\ _ The contractor Will not dlscnmmate agamst any employee or apphcant for employment because of race, creed, color, nat,onal orlgm, sex, manta! status,
religion, ancestry, mental or physical handicap, or age The contrC\CtorwllI take affirmative action to msure that applicants are employed, and that employees are
treated dunng employment..wrthout regard to the abo\e r:tWWlimed charactenstlcs Such actton shall mclude, but not be hrntted to the followmg. employment,
upgradmg, demotion, or transfer, recruitment or recruitment advertlsmg, lay-offs or termmatlons, rates of pay or other forms of compensation, and selectlon for
trammg, mc1udmg apprenuceshlp The contraclor agrees to post In conspIcuous places, available to employees and applicants for employment, nouces to be pro-
Vided by the contracting officer settmg forth prOVISions of thiS non-chscflmmatlon clause
(2) The contractor Will. In all soliCitations or advertisements for employees placed by or on behalf of the contractor, state that all quahfied applicants will recel...e
conSideration for employment Without regard to race, creed, color. natIOnal oogm, sex, mantal status, religion, ancestry, mental or phYSical hanwcap. or
age
(3) The contractor will send to each labor umon or representative of workers With which be has collective bargammg agreement or other contract or understand.
mg. notIce to be proVided by the contractmg officer, advlsmg the labor umon or workers' representative of the contractor's comrmunent under the Executive
Order, Equal Opportumty and Affirmauve Action, dated Apnl16, 1975, and of the rules, regulations, and relevant Orders of the Governor
(4) The contractor and labor umons wIll furnish all mfonnatlon and reports reqUired by ExecutIve Order, Equal Opportunity and Affirmative Action of Apn116,
1975, and by the rules, regulations and Orders ofthe Governor, or pursuant thereto, and will perImt access to lus books, records, and accounts by the contractmg
agency and the office of the Gmernor or hiS deSignee for purposes of mvestlgatlon to ascertain compliance With such rules, regulations and orders
(5) A labor organization Will not exclude any mdlvldual otherwise qualified from full membership nghts In such labor orgamzatlon, or expel any such indIVidual
from membership m such labor organization or dlscnffilnate against any of ItS members In the full enjoyment of work opportunity. because of race, creed, color,
sex, national anglO. or ancestry
(6) A labor orgamzatlon, or the employees or members thereof will not ald. abet mClte, compel or coerce the dOing of any act defined 10 thiS contract to be dls-
cnmmatory or obstruct or pre\ent any person from complymg With the prOVISions of this contract or any order Issued thereunder. or attempt either directly or
mdlrectly, to commit any act defined 10 thiS contract to be dlscnmmatory
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395-53-01-1022
ReVised 1/88
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Dc 10 2306.88
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Fo,," 6-AC-02C
(7) In the event afme contractor's non-compbance With the non-(hscnrmnauon clauses of thiS contractor or With any of such rules, regulatIOns, or orders, tlus
_~ ntract may be cancelled, tenmnated or suspended In whole or In part and the contractor may be declared mellglble for further State contracts U1 accordance
I procedures, authonzcd In Executive Order, Equal OpportuOlty and AffinnaUve Action of Apnl16, 1975 and the rules, regulatlOns. or orders promulgated
, ccordance therewith. and such other sanctIons as may be Imposed and remedies as may be lDvoked as provided 111 Execuuve Order, Equal Opportumty and
AffirmatIve Action of Apnl 16, 1975, or by rules, regulations, or orders promulgated In accordance therewIth, or as otherwise provided by law
(8) The contractor will mclude the proVIsions of paragraph (1) through (8) Ul every sub-contract and subcontractor purch.ase order unless exempted by rules,
regulauons, or orde~ Issued pu~uant to Executive Order. Equal OpportUOIty and AffinnatlVc AcUon of Apnl16, 1975, so that such proVIsions Will be blndmg
upon each subcontractor or vendor The contractor wtll take such actlon With respect to any sUMontractmg or purchase order as the contractmg agency may
wreet, as a means of enforclOg such proVIsions, lOcludmg sanctIons for non.comphance, provided, however, that U1 the event the contractor becomes Involved
m, or IS threatened with, lItigation With the subcontractor or vendor as a result of such dtrectJon by the contractmg agency, the contractor may request the State
of Colorado to enter IOto such btlgatJon to protect the mterest of the State of Colorado
COLORADO LABOR PREFERENCE
6a ProVISions of8.17-101 & 102, CRS for preference of Colorado labor are applicable to thiS contract upubhc works wlthm the State are undertaken hereun-
der and are financed In whole or 10 part by State funds
b When constructJon contract for a pubhc project IS to be awarded to a bidder, a reSident bidder shall be allowed a preference agamst 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.rcsldent bidder IS a reSident If I' \5 deter-
mIRed by the officer reSpOnSible for awarchng the bid that complIance With thiS subsection 06 may cause dental or federal funds which would otherwise be avatl-
able or would otherwise be inconSistent With requlCements of federal law, this subsection shall be suspended, but only to the extent necessary to prevent deOlal of
the moneys or to ehmmate the mconslstency With federal requirements (seellon 8-19.101 and 102, CRS)
GENERAL
7 The laws of the State of Colorado and rules and regulatJons Issued pursuant thereto shall be applied 10 the IOterpretallon, executIon and enforcement of thiS
contract Any prOVISion of thiS contract whether or not Incorporated herem by reference which proVides for arbitratIon by any extra-JudiCial body or pe~on or
which IS otherwise In conflict With said laws, rules and regulaltons shall be conSidered null and VOId Notlung contamed ID any proVISion mcorporated herem bv
reference which purportS to negate tfus or any other special proVISion 10 whole or m part shall be valid or enforceable or available to any action at law whether bv
way of complamt, defense or otherwise Any prOVISion rendered null and VOid by the operatJon of thIS prOVISion wtll notmvahdate the remamder or thiS contract to
the extent that the contract IS capable of exeCUlton
8 At all tJrnes dunng the performance of thiS Contract, the Contractor shall strictly adhere to all apphcable federal and state laws, rules and regulatJons that
have been or may hereafter be established
9 The slgnatones hereto aver that they are famlharWJ.th 18-8-301, et.seq, (Bnbery and Corrupt Influences) and 18.8-401, et seq ,(Abuse of Pub he Office).
CRS 1978 Replacement Vol, and that no Violation of such prOVISIOns IS present
aver that to their knowledge, no state employee has a personal or benefiCial mterest whatsoever In the servIce or property
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TNESS WHEREOF, the parnes hereto have ex.ecuted thts Contract on the day first above wntten
POSItion (Title)
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STATE OF COLORADO
SoCial Sccunty Number 0' Federal I D Number
(If Corporation)
Attest (Seal)
By
APPROVALS
CONTROLLER
By
By
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395 5J-olI030(R.e~.~ 1/88)
P..e 6 ""hlch IS the 1.$1 of 6 p..es
.See uutruCUon$ortrue~Slde
DC 102305.88
COLORADO DEPARTMENT OF HIGHWAYS
CIVISION OF HIGHWAY SAFETY
LEAF CONTRACT ATTACHMENT A
;EA.BJECTIVE PLAN
LE, ect #
. L-16-91
Contract Penod
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,
1-1-91 through 12-31-91
Responsible Agency
Aspen Police Department
Project Coordinator
Sergeant Ron Van Meter
LEAF Objective
L-15-91
To increase and improve the enforcement of the laws
pertaining to alcohol and drug related traffic offenses
within the City of Aspen.
Activity II
ActiVIty Descnptlon
L-15-91-1
Assign an officer throughout the term of this contract
to fulltime DUI enforcement activity as stated
in the Approved Application.
L-15-91-2
Schedule the officer during peak periods, as stated in
the Approved Application.
L-15-91-3
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Make all reasonable efforts to increase DUI alcohol and
drug related arrests by 15% from the level attained
in 1988, which was 147.
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CDOH Form #1013
3117
COLORADO 6EPARTMENT OF HIGHWAYS
QIVISION OF HIGHWAY SAFETY
LEAF CONTRACT ATTACHMENT B
LE.REPORTING CRITERIA
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, L-15-91
1). Each quarter the Contractor shall submit a report to the Division of
Highway Safety in accordance with the LEAF Contract Management Manual. The
Quarterly Report will state all activity accomplishments during the report
period.
2). In addition to the required reporting criteria above, the Division
requests the Contractor to voluntarily submit data on the type of traffic
violation which ultimately resulted in a DUI arrests, and on the number of
vehicle drivers who are stopped and are not in compliance with the safety
belt law (CRS 42-4-236).
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completion of all LEAF activity the Aspen Police Department shall
Final Report in accordance with the LEAF Contract Management
ift
j
CDOH Form tf1093
3187
COLORADO DEPARTMENT OF HIGHWAYS
DiVISION OF HIGHWAY SAFETY
LEAF CONTRACT ATTACHMENT C
~NANCIAL BUDGET
U.OJECH L-15-91
Total
Cost
Source of
Funds
LEAF
Local
$55,100
$34,000
$21,100
ce
LEAF BUDGET SUMMARY
LEAF Agency Total LEAF Agency
Category Share Share % %
Personal Services $34,000 $ 5,752 $39,752 85% 15%
Operating Expenses $ -0- $ 7,670 $ 6,800 0% 100%
Travel Expense $ -0- $ 2,084 $ 2,084 0% 100%
Capital EqUIpment $ -0- $ 5,594 $ 5,594 0% 100%
TOTAL BUDGET $34,000 $21,100 $55,100 62% 38%
COOH Form _1093
3/87
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