HomeMy WebLinkAbout1990 Ordinance No. 046ORD INANCE NO • ..:/..ft;
SERIE.S OF 1990
BY Alm!ORITY
9 (a)
COONCIL BILL NO. 48
OO'RODUCEil BY COONCIL
MEMBER WIGGINS
AN ORDINANCE APPl10VING THE CXNl'Rl\CT BE:lWErn T!IE ENGLaaxJ DEPAR'IMENT OF
SAFm'Y SERVICES, AND T!IE DEPAR'IMENT OF HIGHWAYS, DMSICN OF HIGHWAY
SAFm'Y, STATE OF COLCRl\OO FOR IAW ENFORmlENl' ASSISTANCE ruND.
WHEREAS, the C1glewood Departlrent of safety Services, has sul:mitted
an application to the Colorado Departirent of Highways, Division of Highway
safety, for federal funding to conduct a Law Enforcement Assistance Fund
(LEAF) for the prevention of drunken driving; and
I~, the Legislature has created the Law Enforcement Assistance
Fund (LE.1\F) for the prevention of drunken driving.
WHEREAS, LE.1\F has heen established to provide fwids to aid in the
prevention of drunken driving and the enforcement of laws pertaining to
driving wider the influence of alcohol and drugs; and
l,HERE,I\S, pursuant to 43-4-404 C.R.S., the State desires to allocate
LEAF fWlds to local authorities (cities and cowities) to benefit the health -•
and safety of persons in Colorado by the iitplementation of local ·pfci;fW •-...._ ·
developed by the local authorities for drunken driving prevention and law
enforcement iitproveirents; and
WHEREAS, t.lie Englewood Departnent of Safety Services has established
a qualified program consistent with current State Highway Safety rules to
ccordinate efforts to prevent drunken driving and to enforce laws
;,ertaining to driving wider t.'le influence of alcohol and drugs within its
jurisdiction; and ·
l,HERE,I\S, the Englewood Departirent of Safety Services has available
the technical abili ty to properly perform the project as described in the
Application and to address the LEAF objectives of the Legislature; and
JJCW, THEREFORE, BE IT ORDAINED BY THE CITY CXXJNCIL OF
r.lGLENCXlll,COLORAOO, AS FOLi.a-iS:
SP.ct ion 1. The P.ngle1oood Depar+.r.ent of Safety services, Police
Division approves i\pplication, the LE.'IF Contract Manageirent Manual and
Guidelines, the State Highway Safety Rules as 2 C.C.R. 602-1, and
Attact.rents A, B and C are incorporated herein by this reference as terms
and conditions of this contract. The D,glewood Department of Safety
Services shall carply with all terms and conditions of these rnaterialsin
the performance of t.'lis Contract. The Englewood Department of Safety
Services ackna,'1edges t.liat it has received copies of the LEAF Contract
Management Manual and Guidelines, and the State Highway safety Rules. In
-l -
the event of a conflict in the provisions of these materials, the following ~
priority shall be used to resolv,, such conflict : ( 1
A. State !lighway Safety Rules; then
B. LEAF contract M1111age.,..,nt Manual and Guidelines; then
C. Attachrrents A, B, c, ...n that order; then
D. "P!>roved Awlication .
Section 2. The Englewood Department of Safety Services shall carry
out the program and perform the activities described in the approved
Awlication, as sunnarized in Attaclvrent A.
Section 3. The total budget am:runt of this COntract is $49 ,164.00 .
The State and the Englewood lle!'<'rtnent of Safety Services shall participate
in the paynent of this anount:
A. State ' s rr.axirnum share ( fran LEAF)
B. Engle,,IOOd Department of Safety Services
Police Di vision' s share
TOTAL A"l:XJNT
$25,000
$24,164
$49,164
1. 'The IMlti.rnum anount to be paid by the State under this contract
shall not exceed the arrount of $25,000.00 except upon the
execution of a written arrenanent to t.'lis contract to that effect,
prior to such extra cost being incurred. Eligible paynents will
be made by the State to t.'le Englewood Department of Safety
Services on a monthly or quarterly basis, subject to prior review C
a.~d approval by t.'le State of work performance and pursuant to
pay.rent 9rc,cedures contained in the LEI\F contract Manual. The
Englewood Department of Safety Services,' s share nust be directly
related to the enforcer.ent of laws pertaining to driving under
the influen~e of alcohol and drugs .
2. The Eng lewood Depart:rrent of Safety Services underst.ands and
agrees that t."e State share of this total a:rount will be provided
solely fran L!?.I\F funds, and that any obligation of the State
under this Contract is contingent upon LEAF funds being made
available and c·emaining available for this contract and upcn tt.-
contriliution by the Englewood Departnent of Safety Services of
its participating share as provided herein. If the Engl.-.«:>'d
Department of Safety Services does not provide that agreed .m:iunt
of ,111tching funds re<]\!ired in paragraph 5 (Bl, the 1111'0\:"~ of LEI\F
fun~.s fr""1 the State will be reduced proportionately.
A. Termination Due to Loss of Funding , nie parties hereto
expressly recognize that the Englewood Departrrent of Safety
Services is to be paid, reil!bursed, or otherwise carpensated
solely with certain funds provided to the State for the
purpose of contracting for the services provided for herein.
n>erefore, the Englewood Department of Safety Services
ex;,ressly underst11nds and agrees t..,at all i.ts rights, demands
-2 -
c.
and claims to caipensation I\I"ising under this Contract are
contingent upon receipt of such funds by the State. In the
event that su:::h funds or any part thereof are not received by
the State, t.'ie State ""'Y irnnediately terminate or an-end this
Contract.
Termination for ConveniencE', The State may terminate this
Contract at any time the State deter.nines that the tm'P0"8 of
the dist-:ibution of rronies m1der the Contract 'wO\lld no longer
be servecl. by cmpletion of the Project, 'nle State shall
effect su:::h termina tion by giving written notice iJf
termination to the Englewood llepartnent of Safe',y Servic:et1
and specifylng the effective date thereof, at least twenty
(20) days before the effective date of such ~aticn.
Section 5. 'nle Mayor and the City Clerk are hereby authorized to
execute the Contract on behalf of the City of Englewood,
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,
Introduced, read in full, and passed on first reading en the 15th day
of o:tober, 1990.
. "
Published as a Bill for an Ordinance on tne 18th day of o:tober, 1990.
Read by title and passed on final reading on the 5th day of NcM!nt>er,
1990.
Published by title as ordina'lce No . .!ft:., Series of 1990, on the 8th
day of Nove:ti:>er , 1990.
~: ~.~~&-w:!
Patricia II. Crc,,,, City Clerk
c<C~ r ..---SUsan Van Dykeyor
I, ?atricia II, Cra,,, City Clerk of the City of Englewood, Coloracb,
hereby certify that the above and foregoing is a true a,py of the Ordinance
passed on final reading and published by title as Ordinance No. ~ Series
of 1990. n. I,/~ . ~ Patricia II, Crc,,,
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!DEPARTMENT OR AGENCY NUMBER L-30-91 n
bcT ROUTI_N_G_Nu_H_B_E_R _____ __,I
CONTRACT
THIS CONTRACT, Hade this --,---day of -.....,.,---• 199_,, by and between
the State of Co ,'.orado for the use and benefit of the Department of Hi1h-
ways, Division or Hi1hway Safety, 4201 East Arkansas Avenue, Denver, Colo-
rado 80222 hereinafter referred to as the State, and The City of En1lewood
(for the En1lewood Police Department), 3615 South Elati Street, Englewood,
CO 80110 hereinafter referred to as the Contractor,
WHEREAS, euthority 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 Encumbranre Number 08527; and
WHEREAS, required approval, clearance and coordinat i on has been accom-
plished from and with appropriate agencies; and
WHEREAS , the Legislature has created the Law Enforcem.:nt Assistance
Fund (LEAF) f~r the prevention of drunken drtving -(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 lawa pertaining to
driving under the influence of alcohol and drugs; and
WHEREAS, pursuant to §43-4-404, c.R.S ., the State de s ires to allocate
LEAF funds to local authorities (cities and counties ) to benefit the health
and safety of persona in Colorado by the implementation of local programs
developed by the local authorities for drunken dr i ving prevention and law
enforcement improvement s; 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
with current State Highway Safety rules to coordinate efforts to prevent
drunken driving and t o enforc e 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 t he project as described in the Application and to add,·ess the LEAF
objectives of the Legislature ; and
WHEREAS , this Contract is executed by the Sta te under authority of
29 -1-203, 43-1 -106, 43-4-402 and 403 CRS , ,.nd by the Contractor under se:r
tions 29-1-203 and 30 -11-101, 31-15-101 CrtS or home rule charter, a ■ a>'\,_/
plicable ,
NOW THEREFORE, it ia hereby aired a.• follc,wa:
. 1. ·rhe Contractor's approved Application, the LEAF Contract Mana1ement
Manual and Guidelines, the State Highway Safety Rules at 2CCR 602-1, and
Attachments A, Band Care incorporated herein by .this reference as terms
and condJtions of this contract. The Contractor shall comply with all
term ■ and conditions of the ■e materials in the performance of this Con-
tract. The Contractor acknowledges that it has received copies of the LEAF
Contract Management Manual and Guideline ■, and the State Highway Safety
Rule ■• In the event of a conflict in the provisions of these material ■,
the following priority shall be used to resolve such conflict:
A, State Highway Safety Rules; then
B, LEAF Contract Mana1ement Manual and Guideline ■; then c. Attachments A, B, C, in that order; then
D, Approved Application.
2. The Contre.ctor shall carry out the program and perform the activi-
ties described in the approved Application, as summarized in Attachment A,
3, The Cont1actor shall submit quarterly reports to the State detail-
ing the performance of this Contract according to the reporting criteria
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 unleu this
mount ia increased by written amendment to this contract before the 0ud1et
1 exceeded. The Contractor understands that if it exceeds the Attachment
budget amount without first increasing 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 psra1raph 5(b).
5. The total budget amount of this Contract is $49,164.00. The State
and Contractor shall participate in the payment of this amount:
A, State's maximum share (from LEAF)
B. Contractor's share
TOTAL AMOUNT
$25,000
$24,164
$49,164
The maximum amount to be paid by the State under this Contract
shall not exceed the amount of $25,000.0u except upon the execution of a
written amendment to this Contract t.o that effect, prior to such extra cost
being incurred. Eligible payments will be made by the State to the Con-·
tractor on a monthly or quarterly basis, subject to prior review and ap-
proval by the State of work performance and pursuant to p~yment procedures
contained in the LEAF Contract Manual. The Contractor'• share muat be
directly related to the enforcement of laws pertaining to drivinl under the
influence of alcohol and drugs.
The Contractor understands and agrees that the State ■hare of this
total amount will be provided solely from LEAF funds, and that any obli1a-
t ·~on of the State under this contract is contingent upon LEAF fund ■ beinl
"'-""'de available and remaining available for this contract and upon the
contribution by the Contractor of its participating share aa provided
herein. It the Contractor doe ■ not provide the a1reed amount of aatchinl
fund ■ required in paragraph · (B), the amount of LEAF fund ■ from the State
will be reduced proportionately .
6, The effective date of this contract shall be the date the Control('°'I
ler of the State of Colorado approves this contract, or auch later date -
ap~cified herein , The ter111 of the Contract shall begin Januolry 1, 1991,
and shall terminate on Uecember 31, 1991 or upon satisfactory co111pletion of
the project activities aa determined by the State, whichever shall occur
first,
7 , The Contractor agrees that any subcontracts entered into by the
Contrftctor under this Contract must meet all applicable State and Federal
requirements and must be approved by the Director of the Divi s ion of Hich-
way Safety prior to execution by the Contractor ,
8, a) Termination .12!1.A t.o. .1&1.1. JI.!. .E!l.o!li.o.r., The parties hereto express-
ly recoanize 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 this Contract.
bl Termination ill~. If, through any cause , the Contractor shall
fail to fulfill in a timely and proper manner the obligations under this
Contract, or if the Contractor shall violate ar.? of the covenants-, agree -
ments or stipulations of this Contract , the State shall thereupon have th
right to terminate this Contract for cause by giving written notice to th
Contractor of 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, sur-
ve:rs, 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 compensat i on for any satis f actory work completed on such
documents and other materials.
Notw i thstanding the above, the Contractor shall not be relieved of
liability t o the Sta te for any damages susta i ned by the State by virtue of
a breach of the Contract by the Contractor, and the State may withhold any
payments to the Contractor for the purpose of setoff until such time as the
exact amount of damages due the State from th e Contractor is determir,ed .
c) Terminat i on ill Conv e n i e nce . The State may t erminate this Contract
at any time the State determ i nes 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 specifyi ng the effective date thereof,
at least twenty (20) days before the effective date of such term i nation.
9, The undersigned signatory for the Contractor warrants that he/ahe
has the authority to execute thi '-contract on behalf of the Contractor ,
10. The Special Provision• are attached hereto and hereby made a part
hereof a s terms and conditions of this contract.
Pae 3 of 6 a1••
IN WITNESS WHEREOF, the p•rtie ■ hereto have cau ■ed the fore1oin1 oo r,-
act to ba executed by their duly authorized officer ■ the da:r and 11,ar
fir ■t above written,
ATTEST
Chief Clerk
Hi1hwa1 Department
Contractor ___ ...,.,.-....,.-,---
Po ■ition: Ha:ror/Commiaaioner
Contractor Po ■ition: ·-c~h~i-e~f~/S-.h~e-r~i~f~f,---
ATTEST
r'1
'--,I
Deputy City/County Clerk
CLIFFORD W, HALL
State Controller
By ____________ _
STATE OP COLORADO
ROY ROHER , GOVERNOR
By----=~=--------A, RAY CHAMBERLAIN
Executive Director
Department of Hi1hwaya
By------------JOHN E, CONGER
Director
Division of Hiahway Safety
APPROVED AS TO FORM :
City/County Attorney
APPROVALS
DUANE 1./OODARD
Attorney General
By ___________ _
BARRY B. RYAN
Assistant Attorney Gen e ral
Natural Reaources Section
SPECIAL PROVISIONS
C01'"TROLU:R'S APPRO\'AL
I , Th is con1nc t 1h:dl not~ du med \alid until it shall ha\C bun appro ved by 1h1 Contro11uoflht 51111 of Color 1door such w!Jtanl u h1 m1)'dt1l1111 l1, Thll
prov ision is ai,pl kablt 10 iny contn~1 Uwol 1 Li 1 th, ?•~mcnt of mo ney by U1 c S11 11.
Fl,'~1) A \'AILAJIILIT\'
l . Financial obli 111ion1 of the Sta te pa)·ablc antrthc cunenc n,cal year arc conlin&1n1 upon fiindl fo rthlt purpou bti.n11ppropria1td., bud11ttd and otl\crwlst
made 1v1i11bl1.
BOl,11 REQCIRE~1£l,"f
:,, lf lhis con1tac:1 invol 1·u the payment o( m.>ft th :in rifty thi,UJ &nd doll art for \ht con1U'\lc-tion , trcctlo n, rtpait, malnt1nat1u , or \mprowtmtnt o( 111y bulldin1,
road. btidJ1, vl ;,duct. tunnel. uuva1ion ,,, ->t hct public: -.·orb fo r1his Smt, lhc conuae!or shall , btfort 1n11rin1\he per1'onn&11ctof 111y1uch wort Included lD !Ail
co,uncc.. duly IIICUIC and dclivu 10 and file v. ith lht offic ial .. -hon liJnlNrt 1ppun btlow ror th, Slate , I aood and 111fflcicnl bond orCM.htr ICCIJKtblt IUrtty 10 be
1ppto¥td by said official in I penal sum noc Im lhan on1-h1lfoftht 1oc1 ' lffll)Jfll p1y1bl1 by tht 1·.nn1 o(Ws eon111ct. Such bond shall bt duly utcuted by 1
quallfitd cor,om1111rr1y . condiUonrd (ortht dut ind f1 l1hful p1rl'onna1m of 111, conu1c1, and in add ition , shall pro"idt '11&l If th, contNi((OI' orbb 1ubcontt1cton,
fail to duly p1y (o, any labor. fflatu iab , tum hirt. lU.Sttnanct, prO\'l1ions , pro'llndor or other suppllu u.s1d or consumtd by such conuactor Of hlt 1ubconuactor In
pc:rl'onnan c, o(lht wtiril con11:i.ct ed 10 be done. th e 1ur1ty will pa y tht same in an amounl not ucudin1 lht sum spccln1d in th1 bond, to1elhtrwkh Vlltrtll 111ht
ra11 ol r i&),t per cent piir an nu r:1 . l,;nltn 1:ich Xlnd , 11o·h1n so rrquirtd. is ucr:utrd, drli\·tud and flied , no claim in (1'f'or of the conu-&e1or arisin1 under th ls contract
1h1II be 111dlt1d, al\011o·ed or p:t id. A ccn.l litd or c11hier'1 c!'Lrck or I bank mon ey order p1)'1 ble to th e Trcuumo(thc Su.te o(Coloudo may be IC'Clpled in lieu or a
bond. This prov\J lon Is in comp11:i.ict 11oith 38 -26 -106 CRS , Al lmtndtd.
~1lE~ll,1FICATIOS
,. To the u11n1 au thori ud b)' law, the conuactor shall inc!cmnify, m ·e and hold hltmlen the Slate, iu tmployru and 111nu , 11W111 any and lll cl1ln11,
dam11u, \labllity and court ;i.11o·uds incl11din1 cosu, u pcns u , and anome)' ftu inc-.ir.-cd 1.1 a res ult of uty an or omiss ion by tht contractof, or lu employtts,
111nu, n1bcon111ct0r1, or u sisncu pu rsuant to 1he tcrrr.s of this contract
DISCRlm:SATION .'-'<D AF'FIR~UTI\'E ACTIOS
$, The conuaC'lor 1veu 10 comply with tht litter and 1piritofth1 Colorado An1idimimin 1Uon Ac1 of 1957 , u amtndtd , and OU'ler 1ppllubl1 law rnptninl
dberimlnalion and unfairrmplo!fmcnt pr1cticu (2&-34-'02. CRS 1982 P.rplacemcnt .Vol.), and u requ it ed by EHcutivc ,Ordu.,Eq1,1J.l ~\UIJI)' -'04~
ti'f't Action., ~ated April 16, 191'. Pur,11a,11 1lt1rt10, lht /01/01,:irrt p,r,visioru sltofl b1 tontol11rd in oil Stotl co11trom or 1110-~n,iat ii. · '. C
Ourin11h1 performance of lh i1 conua:1, the cotlluctor avcn u follo11o·1: .
( J) Th• contractor will not discriminatt lS:l iruf any employtt or appli can1 fOf employmrnt because of net, crt:td, color , cational ori&in, su:, mari1al sutu.s ,
relisjon, ancutry, mental or ph)'sic1I handicap, or 11c, The contrector wiU 1U:1 affir.n1tivc action to insure that applicanu 11, cmpkiyld. and that ifflployca ll"I
trtattd durin1 cmploym tn l, whhout rc111d to the abo\'t mtnUontd char1 n cri1 tics. Su ch action shall ltlcludt. but not be limlled to tht follOWUla; ,mploym1n1,
Uf1Vadin1 ,dcmotion. or tr~sfcr , ncNitmcnt or rrcn.ailmenl 1dnnisin1: lay~ffs or 1emiina1ions; ratu of pay or OUiu fonns ofcompcn11tion ; and scl1ction for
tninin 1, ltlcludin1 apprenti.::csh ip. Thr conl."Jcto r life CS to post in conspi c110:.i1 placts, a\·ailable 10 employ ees and applicanu for emp loyment. noticu to bt pro-
vidtd by thr .:t1ntr1cti n1 office r sc1 tin 1 foM ;,rovi.sions or thi s non-d iscriminat ion clause .
(2) The con11ac tor will , in all soliciu.tions or ad\·eniumcnts for employ rts placed by or on bthaJr of the contt1ctor, mtr 1h11 all qu11ilitd applicanu will rtct h·c
cons ideration for e:nplo ymrnt without rcsvd 10 race , creed, color. national oriain, 111, muiul statu s, r1li1ion , ancuuy, menial or phys ical handicap, or
a,e.
(3) The contractor will irnd to rich labor unio,1 ~r r1prt1tn1ati vr ofworkt n wilh which ht hu collrcti\'t bar11ln in1 al'ctfflent orodlrr contnn or undentand -
in1, notic:t to br prov ided by 1hr con11actin1 offi c:r, ad\·isin1 the labor union or workrrs ' rcprr1en t1tivc o( the contractor·• comm iun1n1 undtr tht E.ltC'lltiv1
Order, Equal Opportun il)' and Aninnath-t Ai:uon. d1 1cd April 16, 1973, and of the n.alt1, rrplations , and rrltvant Ordlr1 ol tht Co\·emor.
(4) Tht co nu actor and labor unions wi\l fu r-1i 1h all infonn 1tion &ndrrporu rtquircdby EaecutiveOrdtt, Eqi:&J Or,port uniry and Affinnativ e Actio no( April 16,
19i 5, 11'ld by the Nies , rr111lat ion1 ind Orde rs of the Co, cm or, or pur1u1nt th e mo, :and will pcnn it 1ccu1 to hi1 boo kl . ri co nh , and accou nts by the conL"ac1ln1
11rncy and the office of the Co\·cm or or t,is du i1,11rr for pur;,cnu of in,111ip1ion to 11ccrt1 in compllanc, with such ni lu, rcsvl.1t ion1 and ordcn .
(S) A labor or,an lution ... 111 no• t l ,'ludr .1n r lndi ,idu .11 oth erw ise qua lified from full membershi p ri1h11 in such laboro 111niu 1ion.or uptl any such ind ivid ual
from membe rsh ip 1n su~h lab.>r 011~i.utn>n 1>r discnmir..111 a1.1 inu VI) o(iu member, in the f\ill c:1io}mcn10(11o·ork oppo n11n 1ty, brc .1 uu of race, ;reed . color,
,r1,n1 1ion1lo ri 1in.orancull')'.
(6) A labor or1.1 niu lion , or the rmp loyeu or members 1hr rro f11o-il\ not aid. abc1 , inche , com;icl or coerce 1he do ina of111y .1c1 denn ed in 1h11 contract 10 be dl1-
crimltl11ory or obun.ai:1 or prr,·rnt :ll\)' pcnon from complrf n1 wuh 1he pro\·isions of1 hf1 con1uct or :an ~ order issued thcrrundr r: or atte mpt eith er dlrtctly or
ind iu ctJ y, to comm it ln)' ac t defined in this conuaC'l tO be discrim in 31ory.
l9S-S3-0l •I022
luvbtd 1/81
Form 6-/\C-OlC
~ (1) In \ht 1v1nt of &!le con1naor'a non-compUance with lht non-dltcrimln1&ion cl•lll .. ollhil contncwor wl\h any o(111ch Nin, rtp!adOM, orord,n, tt1i1
( ~nvact may bl unnlled, llnnifttlld or Nlptndtd In whol, or In pan and tht contractor may be dtcl1t1d lntllp'bl, ror l\anhtr Scali conncu UI acnrdanc:1
-'with practdum, 1ulhori11d In !ucudvt Order, Equal Oppomanlry 111d Afflnnadn Action of April 16, 197' 111d \1\1 Nlu, rtpladou, or ord1r1 promul&attd
In accordance 1h1rcwith, and 1uch cxh11 sanctions u may be impoud and rcmadlu u may bl invohd II provided in Eucutivt Otdtr, Equal Opponunhy and
Afflnnath't Action ol April 16 , 19'13 , or by nal11 , fll\llltion1 , or ord111 pn,mul111ed in 1c:eordanc1 l.hmwil.h, or u olhtf'lll'lH provided by law .
(I) n, co11u-aaor will lnclud1 tht provl1ion1 orpu11f1pb (I) tlvouah (I) in ntry 1ub-cof\U1:t and 111bcoatrlC\Of purch&M otdtt \Wt11 tumpttd by naln,
rqulHlons , ot on,.,, lul6td pun1111111 to Eatc:Vl.iv1 Ord11, Equal Oppominhy and Afflrm11.iv1 Acuon or April 16, Ul?J , ao Wt such pro'1alou will bt bi.ndln1
t.l,oa 11ch a111tcon1ucw or vendot. n, conU1'101' •DI tU:1 such action •hh mpm IO 1ny 1ub ... ona-1ctin1 or purcha11 ordtr u die co,unctlna q,ncy may
d1Nct. u I mtW ohnrordna such prvv ialon1 , incl\Mlina 1ancdol\l ror non.compUance : pnmcltd, howner, lh1t In llw ,vent lh, c:ontnC\OI' bccomd lnvolnd
In, or ll tN1111Md whh, IIL111Lion .,,Ith the Nbcontractof Of vendor u • mull or Ndl dlnction by the conu1ctin111ency, tht coatncuw may ttq\ltn th, Statt
o( Colorado ID enuir Into such UL111tion to protect lh• lnt1r111 or lh• Suui or Colorado.
COLOll/\D0 L/\IOll PllEFEllENCE
'L Provftkxllofl,11•101 & 102, CJI.S ror prercr,nct or Colorado tabor 1n 1pplic1blt to this coatract if public WOl'U within 1M Siait: an Wldtnabn btmin•
d1r and an rlftanctd la whol• or In pan by Statt l'vndl.
b. Whtn CCMUuvction coniract ror a public prvj,ct ls to bl awarded to I lddd1r, 1 rrsld1n1 blddtr shall bt allowed I prtr1rtftCt apl,u:t I non-resld1t1t bkldtr
tram 1 1t1tt or ronlp1 counuy aqul to tht prer,rtnca Jivtn or raqulrld by lh• st111 or rorelan COUfttl')' ln which lh1 noft•raldtnt biddtr Is• mldtnL Ult Is dl1.1r-
mintd by th, offlctt ruponall,11 ror 1wardln1 th• bid 1h11 compU&nct wllh this subwclion ,06 may cnst dtnlal otrM:ltral flmda wl\kh WOl.lld ot.btrwbt bt avlll•
abl, or would oth1rwlst bt lnconsllttnt with r,qu\r,m,nu orr,dual law , thi1 Nbstctlon 1h1U bt l\11ptndtd, bu1 only to lh• 11t1111 n,casa.ry co pnvtnt dttLlal or
tht moneys or to 1Umin111 th• lnCOI\Sllttncy with rtd1ral requJr1m1nts (Hction 1-19-101 and 102, CRS),
GENEll/\L
1. Th• laws or th, S1111 ot Colorado and Niu 111d resuluion, iuutd punuant lhm 10 1hall ba appU ad in the in11r,:,rtt1don, 111cut1on &Ad 1nfon:1m,nt ot lhl1
concrad Any provis ion or lhi1 conU'lct wh11.htr or not incorpor11ad hmin by rerereac, which pro\'lda ror arllittttion by 1ny u:ra-judlc l.lJ body or pcnon or
which is otharwist ln conJllci with u id laws, NIH 1nd rcru,lation, shall be cotuidtttd a\lJJ and '1)td, Noll\ina concaintd in any provision lncorpor11td hettln by
r1r1nnc1 which purpons IO t1tpt1 ll\i1 or any other spacial pro vb ion In whole or in put shall ba valid or ,nrorcubt, or availeblt tn an)' 1C1ion II taw wh1\Mr by
w1y or complaint, d1r1n11 or odm._.ls,. Alty proYilion unde~ nu:! and void by th1 operation olthiJ provlllon will ftOI lnYalidall th• 11maitlderohlls contract 10
tha 1111nt the1 tht conu-ta Is cap1bl1 or uccution.
I . At all tirn11 durina tht performance or this Contraci_ the Contr1 •.10r shall saictly adhi::t to 1!1 applicable federal and uatt laws, rules ud 11auladom 1h11
have been OI' may bcnaft11 ba established.
9. Th, sianatorin hereto tYtr 1h11 lh,y ara familiar with 11-S.l0I , at.:~ .• (Bribery and COmlpl Wlu,ncu) and ll-l-401 , tL saq.,(Abuat of Public Otnca :·,
CRS 1971 l\tpl1cnn1n1 Vol., and that no violation or such pro·,islotu ts prc11nL
, 10. Th• rlp11torin a\llr that to their tnowled11, no nut tmployn hu a panonal or bt01HciaJ iutamt whatsotYtt 'm th~ mvlca or propcny
)'C ribld htrtln:
(lf Cor,:,oralion:)
Anau (Seal)
HS,JJ.OI-IO,O ta.,,,, ... 11111
APPROVALS
CONTROLLER
BY----'-------.a>,.----
,. .. 6 ..... it ..... ., 6 ,.... .,,.. ____ ,.._.._
...
COLOIIADO DIPAIITMINT OF HIGHWAYS
QIYIIION OF HIGHWAY IAFETY
LEAF CONTRACT ATTACHMENT A -r LIAF OIJICTIYI PLAN
LEAHrojtct I fllnponalbl• A91ncy
L-30-91 Enslewood Police Department
ConltlCI ,,nod Profecl Coordlntlot
1-1-91 throu1h 12-31-91 Lieutenent Thoma• Vandermee
LIA, O!IIHUn :
L-30-91 To increa•e and improve the enforcement of the law ■
pertaininl to alcohol and dru1 related traffic offen ■a ■
within the City of En1lewood.
Acll~tyl Ac llvlty Dttcri ptlon
L-30-91-1 Aasian officers throu1hout the term of thi• contract
to overtime DUI enforcement activity a• •tated in
the Approved Application,
L-30-91-2 Schedule the officers during peak period•, as •tatad
in the Approved Application.
L-30-91-3 Hake all rea•onable effort s to increa ■e the DUI alcohol c and drug related arre s t by 15X from the 1989 level,
which was 387.
C
COLORADO DIPARTMENT OF HIOHWAYI
Dl'IIIION OF HIGHWAY IAFITY
LEAFCONTRACTATTACHMENT B
r' .., IIIPOIITINO CIIITIIIIA
;,,., ... , L-30-91
1), Each quarter the Contractor ■hall submit a report to the Divi ■ion of
Hishwar Safetr in accordance with the LEAF Contract Hanasement Manual, The
Querterlr Report will ■tate all activitr accompli ■hment ■ durins the report
period,
2), In addition to the required reportinl criteria above, the Divi ■ion
reque ■t• the Contractor to voluntarilr aubmit data on the type of traffic
violation which ultimatelr re ■ulted in a DUI arreata, and on the number of
vehicle driver ■ who are ■topped and are not in compliance with the aafety
belt law (CRS 42-4-236),
[....2.1 Upon completion of all LEAF activitr the En1lewood Police Department
•11 aubmit a Final Report in eccordance with the LEAF Contract Hanase ■ent
r--,nual,
I
I
I
COLORADO DEPARTMENT OF HIGHWAYS
D'IVIIION OF HIGHWAY SAFETY
LEAF CONTRACT ATTACHMENT C
LEAF ,AOJICT I
L-30-91
Total
Coal
LEAF
U9,hl4 $25,000
LEAF BUDGET SUMMARY
Calf\l0ry LEAF Agency
Share Share
Personal Services tO< nnn S20 'RSA
.. ' Operating Expenses ✓
s -0-s 3 300
Travel Expense s -0-I -0-
Capital Equipment $ -0-$ -o-
TOTAL IUDGET $25,000 $24 ,164
Soun:, or
runda
Local
$24 I 164
0
'
Tolal LEAF A, •lCY .. "'
S45 R~A <A"' 46S
s 3 300 OS lOOS
I -o---s --s
' $ -o---" --s
I
$49 ,164 51" .. :49S I
CDOHP ... nN!
October 15, 1990
INUIATID BY
STAPF SOURCI
IHUI/ACTION PROPOSED
COUNCIL CONNUNICATION
11 (c)
SUBJECT ordinance approv i ng
contract between City
of Englewood and De pt . of Highway ■
Safety S&rv icee -Po lice Division
Div ision Chief Dave Hiller
Adopt an o rdinance approving the contract between the Englewood Department of Safety
Service ■ and the Colorado Department of Highways, Div ision of Highway Safe ty, f or
Law Enforcemr.nt Ass istance Funds .
( PREVIOUS COUNCIL ACTION
'-,I
None.
STAFP ANALYSIS
The paasage of this ordinance should have no long-ra nge impact on other departments .
The contract i nvolves a monetary commitment on the part of the City of Englewood and
the State o f Colorado, a nd an ordinance is required for approval of the contract .
The ordinance was prepared by the city attorney 's office as required by Article IX,
Part I, Home Ru l e Charter.
BACKGROUND
The contract and s ubsequent ordi nance are a result of a grant application submitted
to the Department of Highways , Division of Highway Sa f ety, state of Colorado, tor
Law En f o rcement As sistance Funds .
The grant funding wou ld allow the department of aafety aervicea police divi ■ion to
increa ■e and improve the enforceme nt of the laws pert aining to alcohol and drug
related t r affic offenses within the City of Englewood . The grant wou l d provide
additional funding tor overtime costs associated with increased enforcement and
public information classea.
No financial impact on the city would occur . Local agency match funding required by
the grant would con1i1t of exi1tin9 "in kind " previouely budgete d re1ource1.