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HomeMy WebLinkAboutresolution.council.123-04 RESO LUTION # A RESOLUTION APPROVING THE LAW ENFORCEMENT ASSISTANCE FUND (LEAF) CONTRACT L-04-05 WHEREAS, the City of Aspen, on behalf of the Aspen Police, has submitted an application to the Colorado Department of Transportation, Office of Transportation Safety for funding a LEAF project for the enforcement of laws pertaining to the driving under the influence of alcohol or other drugs, pursuant to ~3-4-401 through 404, CRS and to LEAF Rules at 2CCR 602.1; and WHEREAS, the State has approved an application and has prepared LEAF Contract which provides $35,000; and WHEREAS, the City of Aspen has the authority and responsibility to fund the Aspen Police and to sign contracts on behalf of the Aspen Police; 'and WHEREAS, a resolution by the City of Aspen 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, the City of Aspen hereby approves the term, conditions and obligations of LEAF Contract and hereby authorizes the appropriate authority to sign the LEAF Contract on behalf of the City of Aspen. Title Title Project No. DEPARTMENT OR AGENCY NUMBER: HAA CONTRACT ROUTING NUMBER: 04HTS00010 CONTRACT THIS CONTRACT, Made this day of ,2004, 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 Aspen for the Aspen Police Department(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, Appropriation Code 304, ORGN 8001, FEIN# 84-6000563 and GBL # LE-04; 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 43-4-404, 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 Application, which has been approved by the State; and WHEREAS, the Contractor has established a qualified program, consistent 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 Contractor under sections 29-1-203 and 30-11-101,31-15-101 CRS or home rule charter, as applicable, and the attached resolution. NOW THEREFORE, it is hereby agreed as follows: The Contractor's Approved LEAF Application, the LEAF Contract Management Manual dated February 1, 2000 and LEAF Application Guidelines, 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 ofthe 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. Proiect Fundin.q Provisions. The total budget amount authorized by this Contract for the actual costs of the project work is $35,000, as described in Attachment C. The State shall participate in the payment as provided herein. State's maximum (from LEAF) TOTAL AMOUNT $35,000 $35,OOO The State shall use LEAF funds exclusively to pay for the actual costs incurred by the Contractor for the project work up to the State's maximum. 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 budget amount will be provided solely from LEAF funds. Any obligation of the State under this Contract is contingent upon LEAF funds being available for this Contract. The State will pay the Contractor for actual costs incurred on a 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. 5. The effective date of this contract shall be the date the Controller of the State of Colorado approves this contract, or such later date specified herein. The Contract shall terminate on December 31, 2005. 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. 7. a) Termination Due to Loss of Fundinq. 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- tra. c!or 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 this Contract. b) Termination for Cause. If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner the obligations under this Contract, or 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 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 Contractor shall not be relieved of liability to the State for any damages sustained by the State party 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 that it determines that the purpose 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 twenty (20) days before the effective date of such termination. 8. The Contractor shall adopt a resolution substantially in the form presented by the State, which approves this Contract and authorizes a signatory to execute this Contract. A copy of such resolution shall be attached to and made a part of this Contract. 9: 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. 3 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. SPECIAL PROVISIONS (For Use Only with Inter-Governmental Contracts) 1. CO.ROLLER'S A~PROV~. CRS 24-30-202 {1) This contract shall not be deemed valid until it has been approved by the Controller of the State of Colorado or such assistant as he may designate. 2. F%~TD AVAILABILITY. CRS 24-30-202 (5.5) 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. 3 · INDEMNIFICATION. To the extent authorized by law, the contractor shall indemnify, save, and hold harmless the State against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions for the parties, of the Colorado Governmental Immunity Act, CRS 24-10-101 et seq. or the Federal Tort Claims Act, 28 U.S.C. 2671 et seq. as applicable, as now or hereafter amended. IND'~PEND~V* CO~'e~t~,CTOR. 4 CCH 80~-2 THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE. NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE. CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID BY THE STATE PURSUANT TO THIS CONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. CONTRACTOR SHALL HAVE NO AUTHORIZATION, EXPRESS OR IMPLIED, TO BIND THE STATE TO ANY AGREEMENTS, LIABILITY, OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE WORKERS' COMPENSATION (AND PROVIDE PROOF OF SUCH INSURANCE WHEN REQUESTED BY THE STATE) 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. NON-DISCRIMINATION. The contractor agrees to comply with the letter and the spirit of all applicable state and federal laws respecting discrimination and unfair employment practices. 6. CHOICE OF LAW. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution, and enforcement of this contract. Any provision of this contract, whether or not incorporated herein by reference, which provides for arbitration by any extra-judicial body. jr person or which is otherwise in conflict with said laws. rules, and regulations shall be considered null and void. Nothing contained in any prowslon mcorporated 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, or 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. 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. 7. Software Piracy Prohibition Governor,s Executive Order No State or other public funds payable under this Contract shall be used for the acquisition, operation or maintenance of computer software in violation of United States copyright laws or applicable licensing restrictions. The Contractor hereby certifies that, for the term of this Contract and any extensions, the Contractor has in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that the Contractor is in violation of this paragraph, the State may exercise any remedy available at law or equity or 5 under this Contract, including, without limitation, immediate termination of the Contract and any remedy consistent with United States copyright laws or applicable licensing restrictions. 8.EMPLOYEE FINANCIAL INTEREST. CRS 2g-18-201 & CRS 2g-50-507 The signatories aver that to their knowledge, no employee of the State of Colorado has any personal or beneficial interest whatsoever in the service or property described herein. THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT SPECIAL PROVISIONS CONTRACTOR: STATE OF COLORADO: BILL OWENS, GOVERNOR Legal Name(o~f Cont-~a~cting Entity By Tom E. Norton Executive Director Colorado Department of Transportation Social Security Number or FEIN Signature of Authorized Officer LEGAL REVIEW: KEN SALAZAR, ATTORNEY GENERAL '~/'1 Prin · t Name & T tie of Authorized Officer WAIVED 4-17-98 APPROVED AS TO FORM: (An attestation is required.) Attest (Seal) By. ,~~ ~ ~ City/(~l~mlqg Clerk) CR$ 24-30-202 requires that the State Controller approve ali state contracts This contract is not valid until the State Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to begin performance until the contract is signed and dated be/ow, l£performance begins prior to the date below, the State of Colorado may not be obligated to pay for the goods and/or services provided. STATE CONTROLLER: LESLIE M. SHENEFELT By GEORGE MCCULLAR, CDOT CONTROLLER Date ICOLORADO DEPARTMENT OF TRANSPORTATION LEAF CONTRACT ATTACHMENT A LEAF OBJECTIVE PLAN LEAF project # L-04-05 I Responsible Agency &s~en ~olice Contract Period 1-1-05 through 12-31-05 Project Coordinator Detective Christopher Womack LEAF Objective: FL01-51: To increase and improve the enforcement of the laws pertaining to alcohol and drug related traffic offenses within the Aspen Police by performing dedicated DUI enforcement and activities described in the Approved Application and summarized below. Activity # Activity Description 1 Provide officers through out the term of this contract to perform dedicated DUI/DRE enforcement duties and activities within the Aspen Police as stated in the Approved Application. 2 Conduct at least two sobriety checkpoints or saturation patrols during 2005. This can be in cooperation with a nearby agency, the State Patrol or solely by the Aspen Police. 3 The Aspen Police will be actively involved in CDOT's DUI enforcement public awareness campaign by participating in the joint efforts. This includes, but not limited to, obtaining media interviews and media outreach, hosting media ride alongs and similar activities. The Aspen Police will report back the requested data to CDOT by the specified times. 4 Make all reasonable efforts to increase the DUI alcohol and drug related arrests by 10% within the Aspen Police from the 2004 level. ICOLORADO DEPARTMENT OF TRANSPORTATION LEAF CONTRACT ATTACHMENT B LEAF REPORTING CRITERIA I LEAF Project # L-04-05 Aspen Police 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-04-05 during the reporting period. Aspen Police will use the provided LEAF Grant Manager software package when compiling data and submitting the required reports. Ail recipients are required to use the software so the Colorado Department of Transportation can better manage the statewide LEAF program. 2). No payment for cost incurred during the reporting period will be reimbursed by the Office of Transportation Safety if such Quarterly Reports are not current or are not compiled using the LEAF Grant Manager software program. 3). Upon completion of all LEAF activity the Aspen Police will submit a Final Report in accordance with the LEAF Contract Management Manual. 9 ICOLORADO DEPARTMENT OF TRANSPORTATION LEAF CONTRACT ATTACHMENT C LEAF Project L-04-05 Aspen Police REVENUES TOTAL LEAF Funds Personal Services: $35,000 Operating Expenses Category LEAF Funds Personal Services $35,000 Operating expenses Capital equipment Travel expenses TOTAL $35,000