HomeMy WebLinkAboutR03-149 Funding a LEAF Projecti • Commissioner ~~j~~ o ~ moved adoption of the f~nllowing Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION N0.03 - -L~ 1~ RESOLUTION AUTHORIZING AND/OR RATIFYING THE SIGNATURE OF THE LEAF CONTRACT BY THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS FOR FUNDING A LEAF PROJECT FOR THE ENFORCEMENT OF LAWS PERTAINING TO DRIVING UNDER THE INFLUENCE OF ALCOHOL AND OTHER DRUGS WHEREAS, the County of Eagle, on behalf of the Eagle County Sheriff s Office, 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 § §43-4-401 through 404, CRS and to LEAF Rules at 2CCR 602.1; and WHEREAS, the State of Colorado has approved the application and has prepared a LEAF Contract which provides $35,000, a copy of which is attached hereto and incorporated herein by reference; and WHEREAS, the County of Eagle, by and through its Board of County Commissioners, has the authority and responsibility to fund the Eagle County Sheriff's Office and to sign contracts on behalf of the Eagle County Sheriffs Office; and WHEREAS, a resolution by Eagle County's Board of County Commissioners formally approving the LEAF Contract and authorizing and/or ratifying the proper signature to be affixed to the Contract indicating such approval is required by the State of Colorado. WHEREAS, Eagle County's Board of County Commissioners desires to authorize and/or ratify the signature of the LEAF Contract by the Chairman or the Chairman Pro Tem of the Board of County Commissioners in order to complete the application process with the Colorado Department of Transportation, Office of Transportation Safety for the above stated purpose. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the Eagle County's Board of County Commissioners hereby authorizes and/or ratifies the signature of the LEAF Contract by the Chairman of the Board of County Commissioners, or in his absence the Chairman Pro Tem, the terms, conditions, and obligations of which are hereby approved. ,, • • THAT, the Board hereby finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the residents of the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Board of County Commissioner of the County of Eagle, State of Colorado, at its regular meeting held the ~~~ day of 2003. ... ATTEST: ,~j ~®t®RA90 I(// ~/ erk to the Board of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its BOARD OF COi.A~TTY COMMISSIONERS By: Michae allagher Ch ' Commissioner Tom C. Stone Commissioner Commissioner seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Gallagher Commissioner Menconi Commissioner Stone ®~ ~c~ e This Resolution passed by %~~~i1~I~lf.o ~ vote of the Board of County Commissioners of the County of Eagle, State of Colorado. ' ~ Project No. L-17- DEPARTMENT OGENCY NUMBER: HAA CONTRACT ROUTING NUMBER: 04 HTS 00015 CONTRACT THIS CONTRACT, made this day of , 200_, 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 8022 (hereinafter referred to as °the States) and the County of Eagle for the Eagle County SO PO Box 359 Eagle, CO 81631 (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 9821, FEIN #84-6000762 and GBL# FL-17; 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 Hales 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. 1 ;' NOW THEREFORE, it is her agreed as follows: 1. The Contractor's Approved LEAF Application, the LEAF Contract Management Manual dated Febnaary 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 of the LEAF Contract Management Manual, the Application Guidelines, and the State Highway Safety Rules. The Contractor shall comply with all terms and conditions of this Contract. In the event of a conflict between the terms of this Contract and the terms of the incorporated materials, the following priority shall be used to resolve such conflict: A. State Highway Safety ~ules; then ~" ~ B. LEAF Contract Management Manual and Guidelines; then C. This Contract; then D. Attachments A, B, C, in that order; then E. Approved Application. 2. The Contractor shall carry out the program and shall perform the activities which are specifically described in the Approved Application and are generally described in Attachment A (collectively, °the project°). 3. The Contractor shall submit quarterly reports to the State detailing the performance of this Contract according to the reporting criteria described in Attachment B. 4. Project Funding Provisions. The total budget amount authorized by this Contract for the actual costs of the project work is $35,000, as described in Attachment C. The State shall participate in the payment as provided herein. State's maximum (from LEAF) $35,000 TOTAL AMOUNT $35,000 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, 2004. 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. 2 Y, 7. a) Termination Due to L~ of Funding. The parties hereto ex~ssly 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- tractorexpressly understands and agrees that all its rights, demands and claims t® 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~~v~iolate any of the covenants, agreements or stipulations of this Contract, the State shall thereupon have the right to terminaf~ this Contract for cause by giving written n®tice 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. 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. 3 SOCIAL PROVISION (For Use Only with Inter-Governmental Contrasts) 1. CONTROLLER'S APPROVAL. CRS 24.30.202 (1) This wntract 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. FUND AVAILABIIdTY. CRS 2430-202 (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. l1VDEMIV'IFICATION. ~ r To the extent authorized by law, the contractor shall indemnify, save, and hold harmless the Stagagainst any and all claims, damageg; liability and court awards including costs, expenses, and'attorney fees incurred as a result of any act or omission by the Contractor, or its emp~'oyees, agents, subcontractors, or assignees pursuant to IIIe 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 t;rovemmental Immunity Act, CRS 2410-101 et seq. or the Federal Tort Claims Act, 28 U.S.C. 2671 et seq, as applicable, as now or hereafter amended. 4. INDEPENDENT CONTRACTOR 4 CCR 801-2 THE CONTRACTOR SHALL PERFORM TTS DUTIES t1EItEUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYES. NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE OR SHALL BE DEEMBD TO BB AN AGENT OR EMPLOYEE OF THE STATB. CONTRACTOR SHALL PAY WHEN DUE ALL REQUIItED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID BY THB STATE PURSUANT TO THIS CONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR AND TTS EMPLOYEES ARE NOT E1V171Z1iD TO UNEMPLOYMBNT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR THIItD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVmS SUCH COVERAGE. CONTRACTOR SHALL HAVE NO AUTHORi~ATION, BXPRESS OR IMPLIED, TO BBVD THE STATE TO ANY AGREEMENTS, LIABIISTY, OR UNDERSTANDING BXCEPT AS EXPRBSSLY SBT FORTH HEREIN. CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE WORKERS' COMPENSATION (AND PROVIDE PROOF OF SUCH INSURANCE WHEN REQUESTED BY THB STATE) AND UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW, AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THB CONTRACTOR,ITS EMPLOYEES AND AGENTS. 5. NON-DISCRIlVIINATION. 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 or person or which is otherwise in conflict with said laws, rules, and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint, defense, 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 rimes 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 fends 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 certiSes 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 under this Contract, inclnding, 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 2418-201 & CRS 2450-507 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. TIDE PAIt~'IES HERETO HAV~XECUTED THIS CONTRACT • ' CONTRACTOR: E~g~~ COG~f Y ~oy~~~~e~f Legal Name of Contracting Entity ~ ~- ~ n©o 7~a , STATE OF COLORADO: BILL OWENS, GOVERNOR By Tom E. Norton Executive Director Colorado Department of Transportation Social Security Number or FEIN Signature of Authorized Officer LEGAL REVIEW: ITT SALAZAR, ATTORNEY GENERAL ~© ^~ S>~~ ~ ~ . (' /~.¢IQNi /~- ~/ ~ie ® ~~ ~ By WAIVED 417-98 Print Name & Title of Authorized Officer APPROVED AS TO FORM: (An attestation is required.) Attest (Seal) By (TowdCity/County Clerk) CRS 2430-202 requires that the State Controller approve all 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 below. If 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: ARTHUR L. BARNHART By GEORGE MCCULLAR, CDOT CONTROLLER Date 5 ., - ~ • COLORADO DEPARTMENT OF TRANSPORTATION DEAF CONTRACT ATTACI~lENT A LEAF OBJECTIVE PLAN LEAF ro'ect # L-17-04 Responsible Agency gage couaty so Contract Period 1-1-04 through 12-31-d4 Project Coordinator Deputy Heath Mosness LE~1= Objective: L-17-04: To increase and improve the enforcement of the laws pertaining to alcohol and drug related traffic offenses within the by performing dedicated DUI enforcement and activities described in the Approved Application and summarized below. Activ' # Activ Descrl tion 1 Provide officers through out the term of this contract to perform dedicated DUI/DRE enforcement duties and activities within the County of Eagleas stated in the Approved Application. 2 Conduct at least two sobriety checkpoints or saturation patrols during 2004. This can be in cooperation with a nearby agency, the State Patrol or solely by the Eagle County SO 3 4 The Eagle County SO 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 Eagle County SO will report back the requested data to CDOT by the specified times. Make all reasonable efforts to increase the DUI alcohol and drug related arrests within Eagle County SO from the 2003 level. 6 COLORADO DEPAF~IIAENT OF TRANSPO~ATION LEAF CONTRACT ATTACFID~~NT C LEAF Pro ect # L-17-04 Ea le Coun SO REVENUES EXPENSES Cate o LEAF Funds Personal Services $35,000 Operating expenses $ Capital equipment $ Travel expenses $ TOTAL $35,000 8 ,~ :;: