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HomeMy WebLinkAboutR99-004 twist campaignRESOLUTION #-g - ooh - A RESOLUTION APPROVING OCCUPANT PROTECTION TWIST CAMPAIGN CONTRACT WHEREAS, the Eagle County Sheriff's Office, on behalf of the County of Eagle, has submitted a letter of intent to the Colorado Department of Transportation, Office of Transportation Safety to receive Occupant Protection Twist Campaign Federal Highway Safety Grant funding from October, 1998 through September, 1999, spanning both the 1999 and 2000 federal fiscal years, for the promotion of seat belt and child safety seat use in Colorado and the enforcement of laws pertaining to use of occupant protection restraints, pursuant to §42 -4 -237 through 42 -4 -236, CRS; and WHEREAS, the State has approved the Occupant Protection Twist Campaign and has prepared the Contract with the Eagle County Sheriff's Office; and WHEREAS, the Eagle County Sheriff's Office has the authority and responsibility to fund and to sign contracts on behalf of the County of Eagle; and WHEREAS, the Occupant Protection Twist Campaign Contract with the Eagle County Sheriff's Office in the amount of $3,900, has been presented to the County of Eagle for approval; and WHEREAS, the Eagle County Sheriff's Office understands that the project Contract term covers parts of 2 fiscal years (1999 + 2000), and that this Resolution is intended to approve the participation and obligation of the city /county for both fiscal years, subject to the availability of federal funding for the 2000 fiscal year; WHEREAS, a resolution by#MEagle Countydkineidikifte formally approving the Occupant Protection Twist Campaign 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 County of Eagle hereby approves the term, conditions and obligations of the Occupant Protection Twist Campaign Contract NC -34, and hereby authorizes the appropriate aut ' o sW ! - he-q ontract ehalf of the Eagle County Sheriff's Office. gM %L£ of c Attest ! k n Title COLOR wflJ (�p., � �, � n/ �_eenrn.oC ( C3 Z a/4)011— Page 8 of 12 pages nFPA RTMENT OR AGENCY NUMBER: CONTRACT ROUTING NUMBER: CONTRACT - HIS CONTRACT, made this day of 199_, 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 or "CDOT OTS" and the County of Eagle, for the use and benefit of the Eagle County Sheriff's Office, 885 E. Chambers /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 400, Appropriation Code 303, Object Number 5120, Org. Unit 9822, Contract Encumbrance Number 9115, GBL NC34, and FEIN # 846000762B, for the financial obligation of the State under this Contract for the current federal fiscal year, ending 9/30/99. New numbers must be assigned and sufficient funds encumbered effective 7/1/98 for the financial obligation of the state under this contract for the succeeding fiscal year(s), ending 9/30/99; and WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, sections 42 -4 -236 and 237, C.R.S. (1996 Cum. Supp.), require the use of child restraint systems and safety belt systems in motor vehicles, under the conditions described therein; WHEREAS, federal highway safety funds have been made available to the State under Title 23 U.S.C. Section 402 for increasing the enforcement and education of safety belt and child car seat use in Colorado; and WHEREAS, the Colorado Department of Transportation (CDOT), Office of Transportation Safety (OTS) is responsible, under sections 24 -42 -103, 43 -1- 103(2), 43 -1 -105, and 43 -4 -402, C.R.S., and Title 23 U.S.C. Section 402 to administer those funds for that purpose; and WHEREAS, the CDOT OTS has created the Occupant Protection Twist Campaign, to encourage local authorities to increase the use of safety belts, and the use of child restraint systems by the State's children by providing grants of Title 23 U.S.C. Section 402 federal highway safety funds "o local law enforcement to aid in the enforcement and education of safety belt and child car seat use in Colorado; and WHEREAS, the State is authorized to allocate the occupant protection enforcement mini -grant 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 occupant protection enforcement; and WHEREAS, the parties anticipate that the federal highway safety grant funds may cover several fiscal years, and the parties desire to Contract for that entire term, provided that succeeding fiscal years of that term shall be made subject to the availability and budgeting of federal funds for that purpose. WHEREAS, the Contractor has submitted a Letter of Intent ,o accept such federal highway safety grant funds and to perform such enforcement work, pursuant to the terms of this Contract; and WHEREAS, the Contractor has available the technical ability to properly perform the project and to address the occupant protection enforcement objectives of the CDOT OTS; and Page 1 of 12 pages WHEREAS, this Contract is executed by the State under authority of 29 -1 -203, 24 -42 -103 , 43 -1- 103(2), 43 -1 -105, and 43 -4 -402, C.R.S., and Title 23 U.S.C. Section 402, and by the Contractor under sections 29 -1 -203 and 30 -11 -101, 31 -15 -101 C.R.S. or home rule charter, as applicable, and the attached resolution. NOW THEREFORE, it is hereby agreed as follows: 1. The Contractor's Letter of Intent, the CDOT OTS Contract Management Manual dated October 1, 1994, the State Highway Safety Rules at 2CCR 602 -1, and Attachment A, B anti C are incorporated into this Contract by this reference as terms and conditions. The Contractor acknowledges that it has received copies of the CDOT OTS 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. CDOT OTS Contract Management Manual and Guidelines; then C. This Contract, proper; then D. Attachment A - Contract Objectives and Tasks; then E. Letter of Intent. 2. The Contractor shall carry out the program and shall perform the activities which are specifically described in the Contract and are generally described in Attachment A (collectively, "the project "). 3. The Contractor shall submit timely reports to the State detailing the performance of each one of the "enforcement waves ", as described in Activity # 3 of Attachment A, according to the contract specifications and reporting criteria described in Attachment A, page 1. 4. Proiect Funding Provisions The total budget amount authorized by this Contract for the actual costs of the project work is $650 per wave, as described in Attachment A, page 4. The State shall pay this total budget amount, as provided herein. a. State's total share (1999) $3,900 4. A. Provided, that if Contractor does not perform any one or more of the "enforcement waves ", as described in Activity # 3 of Attachment A and within the specific dates provided therefore, according to the contract specifications and reporting criteria described in Attachment A, then the Contractor shall not be reimbursed for any wave or waves that it did not so perform. Provided, further, that the State's obligation for the total share for future fiscal years shall be contingent upon those federal funds being appropriated, budgeted, and otherwise made available to CDOT OTS therefore, and the Contractor shall not perform any part of the future fiscal year services described herein until CDOT OTS provides written notice to the Contractor that such funds are available. Any such work performed by the Contractor without that notice shall beat Contractor's sole expense and shall not be reimbursed by CDOT OTS. 4. B. The Contractor has agreed to provide the services and at the rates and on the terms as described herein as needed to satisfactorily perform and complete the Contract work for the full term of this Contract, subject to the availability of funding. Funds are currently available and encumbered for the work for the 1999 Fiscal Year in the amount specified above, but no funds are currently encumbered for future Fiscal Years. The State may add funds, and /or exercise options to extend the period of performance or to order additional services, and /or to order additional enforcement tasks, as described below: Page 2 of 12 pages Funding Letter The State, unilaterally, has the right to increase the amount of available funds under this Contract. In that event, the State will notify the Contractor thereof by Funding Letter. The Funding Letter will be in a form substantially equivalent to that in Attachment D, and it shall not be deemed valid until it shall have been approved by the State Controller or such assistant as he may designate. Options (Performance Extension) Options (Additional Services) The State may require continued performance for a period of [one year] of any services within the limits and at the rates specified in the contract. The State may exercise the option by written notice to the contractor deposited in the mail before the end of the performance period of the contract using a form substantially equivalent to Attachment E. [The State shall give the contractor twenty days preliminary written notice of its intent to execute the option. Preliminary notice does not commit the State to an extension.] If the State exercises this option, the extended contract shall be considered to include this option provision. The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years. 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. Options (Additional Services) Options (Contract Extension) The State may increase the quantity of services called for in Paragraph 2, Attachment A at the unit price specified therein. The State may exercise the option by written notice to the contractor deposited in the mail [within twenty days of execution of the contract] [not later than 90 days prior to the expiration of the contract, including any of its extension terms], using a form substantially equivalent to Attachment F. Performance of the added services shall continue at the same rate and under the same terms as the like items called for under the contract. 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. Task Order Contract Individual enforcement "waves" may be defined, negotiated, and ordered from time to time by agreement of the parties based on the previously agreed to rates, such task orders hereinafter referred to as "orders ". Amendments to terms and conditions, the ceiling amounts specified herein for task orders, or other provisions of the contract other than as specified in this paragraph shall be by formal amendment processed and executed in compliance with the Fiscal Rules and signed by the State Controller or his designee. Orders processed in accordance with this paragraph to add enforcement "waves" shall occur as follows: A. If the State has need of enforcement wave services, and the contractor agrees to provide those services, the State will provide a definition of the requirement to the contractor. The contractor will propose a [price] [cost ceiling] for the task using the rates agreed to. The proposal shall include the estimated number of hours, material costs, and amount of other elements of cost fixed by the parties in agreed to rates, as well as the proposed time for performance, in a form acceptable to the State. B. Upon negotiation and agreement by the parties about the scope of the task, the [price] [cost ceiling], and the time for performance, the task order letter attached as Attachment G shall be prepared and signed by the parties. C. Performance of the work, and payment for that work, shall be governed by the standards, procedures, and terms set forth in this contract. Upon negotiation and acceptance of the task order, the contractor warrants that performance will be successfully completed within the time and [price] [cost ceiling] identified in the task order. The State's financial commitment memorialized by the task order letter shall not be effective until signed by the Controller or such assistant as he may designate. D. The cumulative "not to exceed" amount for all additive tasks under this paragraph shall be $3,900. The State's financial obligation is limited by this amount, and the contractor shall accept no orders which result in a cumulative contract value which exceeds the "not to exceed" value. Amendments to the "not to exceed" amount, and any other modification or amendment to the terms and conditions of this contract other than specified in this paragraph, must be in writing, executed in accordance with the State Fiscal Rules, and be approved by the Controller or his designee. Page 3 of 12 pages 4. C. The State shall use the occupant protection mini -grant funds exclusively to pay 100% of the actual costs incurred by the Contractor for the project work up to the State's maximum share amount of 100% of $3,900 TOTAL. Provided, however, that the State's maximum share shall not exceed the amount of $3,900 for any reason, including if the Contractor voluntarily pays more than the minimum amount required of the Contractor under this contract, unless this contract is supplemented in writing to that effect prior to the incurring of any cost in excess of the total budget amount. 4. D. It is anticipated that the Contractor may voluntarily provide either payment of actual costs or in -kind services exceeding its contract amount requirement in order to establish the project on a permanent basis, provided that it is expressly understood that any such voluntary payment or services shall not increase the State's maximum share under this contract. 4. E. If the Contractor incurs project costs which exceed the 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. 4. F. The State's share of the total budget amount will be provided solely from the occupant protection enforcement mini -grant application funds. Any obligation of the State under this Contract is contingent upon occupant protection enforcement mini -grant application funds being available for this Contract and upon the Contractor carrying out the scheduled "enforcement waves ". 4. G. The State will pay the Contractor for the State's share of actual costs incurred on a monthly basis, subject to prior review and approval by the State of work performance and pursuant to payment procedures contained in the CDOT OTS Contract Management 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. 4. H. The obligation of the Contractor for all or any part of the payment obligations set out herein shall only extend to monies duly and lawfully appropriated for the purpose of this Contract by the Governing Body of the Contractor. The Contractor hereby represents and warrants that the monies to pay for the Contractor's obligations described herein have already been legally appropriated through 9/30/99 by the Governing Body for the purpose of this Contract. Continuation of this project through September 30, 1999 will be solely dependent on available federal funds in fiscal year 1999. 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 begin after October 1, 1998 and terminate on September 30, 1999. 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 Funding 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 Contractor 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 or Contractor may immediately terminate this Contract. b) Termination for Cause If, through any cause, either party shall fail to fulfill in a timely and proper manner the obligations under this Contract, or if either party shall violate any of the covenants, agreements or stipulations of this Contract, the non - breaching party shall thereupon have the right to terminate this Contract for cause by giving written notice to the breaching party 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 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. Page 4 of 12 pages Not withstanding the above, the breaching party shall not be relieved of liability to the non - breaching party for any damages sustained by the non - breaching party by virtue of a breach of the Contract by the breaching party, and the State may withhold any payments to the Contractor for the purpose of set off until such time as the exact amount of damages due the State from the Contractor is determined, if the Contractor is a breaching party. c) Termination for Convenience Either party 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. Such party shall effect such termination by giving written notice of termination to the other party 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. INDEPENDENT CONTRACTOR RELATIONSHIP 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 PURSUANT TO THIS CONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR A 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 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. 10. The Special Provisions are attached hereto and hereby made a part hereof as terms and conditions of this contract. 11. The Local Agency /Contractor shall be cognizant of and fully comply with all federal requirements applicable to the performance of the Work, and /or applicable to any procurement for the Work, under this federally funded contract, as they currently exist and may hereafter be amended, which are incorporated herein by this reference as terms and conditions of this contract. Page 5 of 12 pages 62. Grant Assurances Such requirements include Title 49, Code of Federal Regulations, Part 18, unless other applicable federal requirements are more specific and therefore supersede the provisions of 49 CFR Part 18. Part 18 requirements include, without limitation: a) the Local Agency /Contractor shall follow applicable procurement procedures, as required by section 18.36(d); b) the Local Agency /Contractor shall request and obtain prior CDOT approval of changes to any subcontracts in the manner, and to the extent required by, applicable provisions of section 18.30; c) the Local Agency /Contractor shall comply with section 18.37 concerning any sub - grants; d) to expedite any CDOT approval, the Local Agency /Contractor's attorney, or other authorized representative, shall also submit a letter to CDOT certifying Local Agency /Contractor compliance with section 18.30 change order procedures, and with 18.36(d) procurement procedures, and with 18.37 subgrant procedures, as applicable; e) the Local Agency /Contractor shall incorporate the specific contract provisions described in 18.36(1) (which are also deemed incorporated herein) into any subcontract(s) for such services as terms and conditions of those subcontracts. Page 6 of 12 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. Contractor: Position: APPROVED ,KS TO f I ' �L \. / v ATTEST: STATE OF COLORADO ROY ROMER, GOVERNOR FOR THE EXECUTIVE DIRECTOR COLORADO DEPARTMENT OF TRANSPORTATION n ATTEST: nn ZLIL `DLOC �o County of EaglLff Clerk Chief Clerk Department of Transportation APPROVALS CLIFFORD W. HALL Controller M GEORGE MCCULLAR Controller Department of Transportation GALE NORTON Attorney General By BARRY B. RYAN Assistant Attorney General Civil Litigation Section Page 7 of 12 pages County of Eagle Attachment D (Contract Funding Letter) Date: TO: SUBJ: Contract Funding Letter In accordance with Paragraph 4. A. and 4. B., between the State of Colorado, Department of Transportation (CDOT) and the covering the period of October 1, 1998 through September 30, 1999, the undersigned commits the following funds to the contract: The amount of funds available and specified in paragraph 4. C. is increased by $ to a new total funds available of $ to satisfy orders, or to complete the performance of work, under the contract. Paragraph 4. C. is hereby modified accordingly. This funding letter does not constitute an order for services under this contract. This funding letter is effective upon approval by the State Controller or such assistant as he may designate. State of Colorado: Roy Romer, Governor By: FOR THE EXECUTIVE DIRECTOR COLORADO DEPARTMENT OF TRANSPORTATION APPROVALS: FOR THE STATE CONTROLLER Clifford W. Hall State Controller or Designee Page 9 of 12 pages Sample Option Exercise Letter/Time Attachment E Date: TO: [Contractor] [Address] SUBJ: Option Exercise Letter In accordance with Paragraph _ of contract routing number , FAA ADA , between the State of Colorado, Department of Transportation, ( division) and [Contractor] covering the period of the State hereby exercises the option for [an additional one year's performance period at the (cost) (price) specified in paragraph _j The maximum amount payable by the State in Paragraph 4 is ( increased /decreased) by ($ amount of change) to a new total of ( The first sentence in Paragraph 4A is hereby modified accordingly. State of Colorado: Roy Romer, Governor For the Executive Director Colorado Department of Transportation Title p.WT 0 For Division FOR THE STATE CONTROLLER Clifford W. Hall By: State Controller or Designee Page 10 of 12 pages Sample Option Exercise Letter /Services Attachment F Date: TO: [Contractor] [Address] SUBJ: Option Exercise Letter In accordance with Paragraph of contract routing number , FAA ADA , between the State of Colorado, Department of Transportation, ( division and [Contractor] covering the period of [maintenance services for the State hereby exercises the option for at the prices specified in Exhibit _j; or The maximum amount payable by the State in Paragraph is (increased /decreased) by ($ amount of change) to a new total of ($ ) . The first sentence in Paragraph is hereby modified accordingly. State of Colorado: Roy Romer, Governor For the Executive Director Colorado Department of Transportation Title APPROVALS: By: For Division FOR THE STATE CONTROLLER Clifford W. Hall 0 State Controller or Designee Page 11 of 12 pages Sample Task Order Letter Attachment G Date: State Fiscal Year 1999 Task Order Letter No. _ y In accordance with Paragraph _ of contract routing number , FAA ADA , between the State of Colorado, Department of Transportation ( _division) and [Contractor] covering the period of through the undersigned agree that the services affected by this change letter are modified as follows: Task Order Description The contractor shall perform the task in accordance with [the following specifications /statement of work] [the contractor's task order proposal dated as amended by amended task order proposal dated , both of which are hereby incorporated by reference]. Price /Cost The [price] [maximum amount payable by the State] for [service [supplyl described above is ($ 1 for a new contract total of ($ 1 . Performance Period The contractor will complete the performance in this task order by [date]. This task order is executed pursuant to paragraph _ of the original contract. The parties agree that all work shall be performed according to the standards, procedures, and terms set forth in the original contract. In the event of any conflict or inconsistency between this amendment and the original contract, such conflict or inconsistency shall be resolved by reference to these documents in the following order: Special Provisions, original contract, attachments /exhibits to the original contract, this task order letter, attachments /exhibits to this task order letter. This task order is effective as of . In no event shall it be deemed valid until it shall have been approved by the State Controller or such assistant as he may designate. Please sign, date, and return all copies of this letter on or before Contractor Name: By: Name: Title: APPROVALS: By: For: Division State of Colorado: Roy Romer, Governor 19_ By: For the Executive Director Colorado Department of Transportation FOR THE STATE CONTROLLER Clifford W. Hall State Controller or Designee Page 12 of 12 pages _ SPECIAL PROVISIONS CONTROLLER'S APPROVAL .3 1. 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 2. Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being: ppropriated, budgeted. and otherwise made available. BOND REQUIREMENT 3. If this contract involves the payment of more than fifty thousand dollars for the construction, erection, repair, maintenance, or improvement of any building. 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, duty 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 contractor or his subcontractor in performance of the work contracted to he 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 in compliance with CRS 38.26.106. INDEMNIFICATION 4. To the extent authorized by law, the contractor shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages. liability and court awards including costs, expenses, and attomcy fees incurred u a result of any act or omission by the contractor, or its employees. agents, subcontractors. or assignees pursaaot to the terms of this contract. DISCRIMINATION AND AFFIRMATIVE ACTION 5. The contactor agrees m comply with the lettcr and spirit of the Colorado Antidiscrimination Am of 1957, u attuuded. and other applicable law respecting discrimination and tmfair employment pnetices (CRS 24-34 -402). and as required by Executive Order. Equal Oppor unity and Affumative Action. dated April 16. 1975. Pursuant thereto, the follawfng proylsfon: shall be contained in all Stare contracts or tub - contracts. During the performance of this contract, the contractor agrees as follows: (a) The contractor will not discriminate against any employee or applicant for employment because of race, need, color, national origin, sex, marital status, religion, ancestry. mensal "physical handicap, or age. The comracter will take atfn auve action to)rtI thin applinats are employed, and dut employees are teased during employment. without regard to the above atcmioned ehssxtaistics. Such action shall include, but not be limited 10 the following: employment upgrading, demotion, or transfer, reacnatment or reeruuimrnit advaasings: lay -offs x terminaue)= sales of pay or other forms of eon"pem"do": and selection for training, including apprenticeship. The contactor agrees to post In conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting fort[ 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 applicans will receive consideration for employment without regard to race, crecd, color. rational origin. sex. marital status, religion, ancestry, mental or physical handicap, or age. (c) The contractor will send to each tabor union or rep tentative 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 contractors commitment under the Executive Order. Equal Opportunity and Affirmative Action, dated April 16. 1975, and of the rules, regulations, and relevant Orders of the Governor. (d) The contractor and labor unions will furnish all information and reports required by Executive Order. Equal Opportunity and Affirmative Action of April 16, 1975, and by the rules, regulations and Orders of the Governor, or pursuant thereto, and will permit access to his books, records, and amounts by the contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules, regulations and orders. (e) A labor organiution 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 is members in the full enjoyment of work opportunity because of race, creed. color. sex, national 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 dcfmcd 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 -53- 01.1022 page_ of 2 NBes (g) In the event of the contractor's non - compliance with the non - discrimination 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 pan 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 as may be imposed and remedies as may be invoked as provided in Executive Order, Equal Opportunity and Affirmative Action of April 16. 1975, or by rules, regulations, or orders promulgated in accordance therewith, or u 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 even 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 .rnay 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 are applicable to this contact if public works within the State are undertaken hereunder and are financed in whole or in part by State funds. b. When a construction contact for a public project is to be awarder to a bidder, a resident bidder shall be allowed a preference against a non - resident bidder from a state nr fmcipn 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 office. responsible for awarding the bid that compliance with this subsection .tin 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 requirements (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 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 raferpnce which purports to negate this or any other special provision in whole or in put shall be valid oremforcesble or available in any action at law whether by way of complaint, defence, or otherwise. Any provision - rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contact is capable of execution. ' 8. At all times during the performance of this contact. the Contractor shall strictly adhere to all applicable federal and state laws, rulm and regulations that have been or may hereafter be established. 9. The signatories avu that they sic familiar with CRS 18- 8-301, ct. seq., (Bribery and Corrupt Influences) and CRS 18 -8401, r seq., (Abuse of Public Office), and that no violation of such provisions is present. 10. The signatories aver that to their knowledge, no ante employee has any personal or beneficial interest whatsoeves in the service or property described herein W'ITN05 W 1(EREOF, the parties hereto have executed this Contract on the day first above written. Contracto . (Full legal Name) STATE OF COLORADO ROY ROMER, GO By .S Position (Title) If Corporation:) Attest (Seal) By Curyw,a ATTORNEY GENER B Form 6-AC-02C Revised IN3 395•S }01.1030 DEPARTMENT OF APPROVALS CONTROLLER By Pace 2 -htch is the fast of I panes COLORADO DEPARTMENT OF TRANSPORTATION CONTRACT OBJECTIVE PLAN State Program: Public Ways Contracting Agency: Eagle County Sheriff's Office State Sub - Program: Transportation Safety Project Coordinator: Deputy Bill Kaufman Problem Solution Plan: Occupant Protection Contract Period: Effective date through 9/30/99 Project # NC -34 HSP # 99 -06 ask # 61 -02 Objective: To encourage local law enforcement agencies to aggressively enforce occupant restraint laws within the County of Eagle through a combination of intensive statewide public education, awareness efforts and performing the activities described in the Approved Occupant Protection Twist Campaign Contract as summarized below. Task Activity # Activity Description 1 Provide law enforcement personnel within the Eagle County Sheriff's Office for overtime enforcement of Colorado's occupant restraint laws, with an emphasis on the primary child passenger law as stated in the Approved Occupant Protection TWIST Campaign Contract. 2 Encourage the Eagle County Sheriff's Office officers to issue traffic citations for violations of Colorado's occupant restraint laws, where officers determine in their judgement that such citations are warranted. 3 Participate in six (6) designated enforcement waves (when personnel available) within the following time frames: 11120- 11/29/98 2/26- 317/99 5114- 5/23/99 7/16- 7/25/99 8/13 - 8/22/99 9/17- 9/26/99' *Should dates change, your agency will be notified as soon as possible. 4 Conduct informal pre & post enforcement safety belt usage surveys of 100 drivers and 100 outboard passengers to be completed on CDOT printed forms and submitted within 7 days of the conclusion of each wave. 5 Submit an *Activity Evaluation Report provided by CDOT (via fax) to Marian Fisher (303) (757- 9453), *FAX: (303) (757 -9051) by 5:00 p.m. one (1) week after doing the scheduled enforcement wave. See report dates below: 1217/98 3/14/99 5/30/99 811199 10/3/99* *Should dates change, your agency will be notified as soon as possible. *The information (contained in each wave report) will be used in lieu of CDOT quarterly and final reports. Previous editions are obsolete and may not be used CDOT Form #1106 7/92 Attachment A Page 1 of 4 COLORADO DEPARTMENT OF MA..SPORTATION CONTRACT EVALUATION DATA Project # NC -34 Eagle County Sheriff's Office HSP # 99 -06 Task # 61 -02 Task Activity # Evaluation Description Type of Report evaluation timeframe 1 Did Contractor conduct enforcement waves and submit Performance Quarterly /Final Activity Evaluation Reports to the Office of Transportation Safety in accordance with the Occupant Protection TWIST Campaign Contract? These Enforcement Summary Reports will state all activity accomplishments (including number of overtime hours and total enforcement contacts) as required by Contract # NC -34 during the reporting period. 2 Upon completion of all Occupant Protection TWIST Performance Quarterly /Final Campaign enforcement activity, the Eagle County Sheriff's Office will submit six (6) Activity Evaluation Reports on or before the following dates in accordance with the Occupant Protection TWIST Campaign guidelines: 1217/98, 3/14/99, 5/30/99, 8/1/99, 10/3/99 3 No payment for costs incurred during the reporting period will Performance Quarterly /Final be reimbursed by the Office of Transportation Safety until Activity Evaluation Reports and claim reimbursement forms have been received. (Refer to claim reimbursement guidelines in the CDOT OTS Contract Management Manual). Previous editions are obsolete and may not be used CDOT Fonn #1107 7/92 Attachment A , page 2 of 4 Ag,=y Individual Reporting Phone #: Total If of officers participating in overtime enforcement wave: Total # of Overtime Hours: Note: If no activity occurred during this enforcement wave, please complete the above section only. 1. Total Primary Law Seat Belt Wamings (ages 4 through 15) 2. Total Primary Law Seat Bell Citations (ages 4 through 15) _ 3. Total Primary Law Child Safety Seat Warnings (under age 4 and 40 pounds) _ Drugs Stolen Vehicles Recovered . Other. (Information the media may be inferes(ed Total # of Drivers Observed Total If of Drivers Buckled Up Average Driver Usage Rate 4. Total Primary Law Child Safety Seat Citations (under age 4 and 40 pounds) _ 5. Total Secondary Law Safety Belt Warnings _ 6. Total Secondary Law Safety Belt Citations _ Weapons No proof of insurance_ Driving Under Suspension_ Fugitives Apprehended Pre Post Total # of Outboard Front Seat Passengers Observed Total # of Outboard Front Seat Passengers Buckled Up Average Outboard Passenger Usage Rate Colorado Department of Transportation Office of Public Information, Room 277 4201 E. Arkansas Avenue Denver, CO 80222 Attn: Marian Fisher Phone (303) 757 -9453 Fax (303) 757 -9051 Pre Post PLEASE CALL DUKE SMITH (303) 757 -9463 FOR MORE INFORMATION Attachment A , page 3 of 4 pages COLORADO DEPARTMENT OF TRANSPORTATION CONTRACT FINANCIAL BUDGET PROJECT # NC -34 - Eagle County Sheriff's Office OTS($) BUDGET ALLOCATION FOR HSP# 99 -06 Total ($ TASK# 61 -02 Cost category OTS($) A enc ($) Total($) Personal Services $3,900 -0- Capital equipment $3,900 Operating expenses Other Travel expenses Capital equipment Other Totals $3,900 -0- $3,900 DISTRIBUTION OF OTS FUNDS (BENEFIT OF): STATE $ -0- LOCAL $3,900 BUDGET ALLOCATION FOR HSP# TASK# Cost category OTS($) A enc $ Total ($ Personal Services Operating expenses Travel expenses Capital equipment Other Totals I DISTRIBUTION OF OTS FUNDS (BENEFIT OF): STATE $ LOCAL $ BUDGET ALLOCATION FOR HSP# Cost Totals DISTRIBUTION OF OTS FUNDS (BENEFIT OF): STATE $ LOCAL TOTAL BUDGET OTS ($) A enc $ Total ($ $3,900 $ -0- $3,900 Previous editions are obsolete and may not be used CDOT Foen #1108 SW Attachment A , page 4 of 4