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HomeMy WebLinkAbout2002 Ordinance No. 061• • Cc ,J,.a,v:.Jj; (1 1-..!.00 ~ 10 b Ii ORDINANCE NO . bl SERIES OF 2002 BY AUTHORITY COUNCIL BILL NO . 61 INTRODUCED BY COUNCIL MEMBER GARRETT AN ORDINANCE APPROVING AN INTERGOVERNMENTAL CONTRACT BETWEEN THE STATE OF COLORADO AND THE CITY OF ENGLEWOOD , COLORADO, RELATING TO THE LAW ENFO RCEMENT ASS ISTAN CE FUND (LEAF) PROGRAM . WH EREAS. 1hc City Coun ci l of 1hc Ci 1y of Eng lc\vood part ic ipated in the LEAF program since 1996;ond WHEREAS , the Englewood Department of Safet y Se rvice s has ~ubmittcd an application to the Colorado Departmen t of Hi ghw ays, Office of Transportation Safety, for funding to conduct a program und er th e Law Enforceme nt Ass istance Fund (LEAF) for use in 1he detecti on and appre hen sio n of DUI dri ve rs within th e City of Englewood; and WHEREAS , pursuanl to 43-4-404, C.R.S., the State is aut horized 10 all oc at e LEAF funds by contract to loca l cities and co unties to benefit the hcahh and safety of person s in Colorado by the implementation of local program s devel ope d by the se local authoriti es fo r drunken drivi!',g prevention and low enforcement improvement s: and WHEREAS. the torn! budget amou nt au thorized by th e contract for the actua l cr,s 1s or 1he proje ct work is $30,000 wi lh !he S1a1e's con1r ibu 1ion equa l to 100% or th e S30 ,00'J; and WHEREAS, the Englewood Depanmenl or Safely Service s hns nv.-.,ilab le th e technical abilit y 10 properly pe rform the project as de sc ribed in 1he appli catio n and ~u address the LEAF objec ti ves of th e State Legi slature, nnd the Ci ty's in•ki nd cost is estimated 10 be S3,000 . NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS : ~. The Intergovemmcn tal Agrccml~nt be tween the State of Colorado, for the use and benefit of the Colo rado Depanmcnt or Tran spo rta1ion. Office orTrunsponation Safety. and the City of Englewood, for the En glewood Dcpanment of Safety Service s. (Police Dcpanment), a copy of which marked Exhibit A, is attached hereto and incorporated herein by reference known as L·29•02, is hereby approved by Englewood City Council. ~. The Mayor and City Clerk arc hereby authorized to sign and ane st said Contract on beh alf of the City or Eng lewood :ind the Englewood Depnnment of Safet y Services. In troduced, rend in full , and passed on fi rst reading on the 18t h day of November, 2002 . -1- Published as a Bill for nn Ordin ance on 1hc 22 nd dny of Nove mber, 2002 . Read by title and passed on finol n:oding on the 2"' doy of Dece mber, 2002 . Publ ished o.s Ord inance No . ~-Seri es or 2002. on the 6 .. day of Dece mber. 2002 . I, '-'>uerishio A. Elli s. City Clerk of the City of Englewood , Colorado. hen:by ce rtify thot the above and forcgoin§ i~ a true copy of the Ordinanc e passed on rinaJ reading and published by title 11! Ordinance No . ./,pL, Series of 2002 . -2- • • Project No. L-19-03 DEPARTMENT OR AG ENCY NUMBER: HAA CONTRACT ROUTING NUMBER: 03 HTS 00029 CONTRACT THI S CON TRACT, Made this ___ day of -----~ 200_, by and between the State of Colorado , for th e use and be nefit o f th e Co lo rad :i De pa rtm ent of Transportation , Ottice of T ran sportation Safety, 4201 East Arkansas Avenue , Denve r, Colorado 80222 (hereinafter referred to as "the State ") and the City of Englewood for the Englewood Polic e Dep a rtment 36 15 S . Elati Street Englewood, CO . 80110 (hereinafter referred to as "the Contrac to r"). WHEREAS , authority ex ists in the Law a nd Funds have been budgeted, appropriated and otherwise made ava ilable and a sufficient unencumbe red balance thereof remains availab le for payment in Fund Number 403 , Appropriation Code 304, ORGN 9813 , FEIN #846000583-F and GBL# LE19 ; WHE REAS , required approva l, cl ea ra nce and coordi nati on has been ac co mplished fro m an d with appro priate agenci es; and WHEREAS , th e Legisla ture has cre ated th e L aw Enforcement As sistance Fund (LEA F) for th e prevention of drunken d riving (43-4-401 through 43-4-404 , CRS , replacement ed ition); and • WHE REAS , LEAF has be en establi shed to prov id e fund s to aid in the prevention of drunken driving the enforceme nt of laws pe rtain ing to driving under the influence of a lcohol and drugs; and WHEREAS , pursuant to 43-4-404, C.R.S ., th e St ate is auth o riz ed to allocate LEAF funds by contract to loca l aut horities (ci ti es and co unties) to be nefit th e hea lth and safety of persons in Colorad o by th e implementa ti on of local progra ms d eveloped by the local au thorities for drunken d riv ing prevention and law enforce ment im prove m ents ; and WHE RE.A,S, th e Contractor has submitted a L EAF proj ect funding Application , wh ich has been approved by the State ; .;n d WHE REAS , the Co ntracto r has esta b lis hed a qu ali fied program , consistent with current State Highway Safety rules at 2CCR 602-1. to coordin ate effo rt s to preve nt drunken drivi ng and to enforc e laws pertaining to driving unde r the infl uence o f alcohol an d dru gs wit hin its jurisdiction ; and WHE REAS . th e Contractor has avai lable the techn ica l abili ty to pro perly pe rf orm the p roject as describe d in the Aporo ved Application and to address the LEAF object ive s of the Leg islatu re; and WHE REAS . th is Contract is :xecuted °J y ,he Sl ate under autho rity of 29 -1 -2 03 , 43-1-106, 43-4-402 and 403, and 24-42 -t 03 C F'S. and by th e Contr·.ctor under sections 29 -1-203 and 30-11-101, 31 -15-101 CRS or heme rule har.:r. a ~ app li ca ble . and :he attached res cl ution . • NOW THEREFORE, it is hereby agreed as follows : 1. The Contractor's Approved LEAF Application , the LEAF Contract Management Manual dated February 1, 2000 and LEAF Application Gu idelines , the State Highway Safety Rules at 2CCR • 602 -1, and Attachments A, B and C are incorporated ~srein by this reference as terms and conditions of th is contract. The Contractor acknowledges that it has received copies of the LEAF Contract Management Manual , the Applicat ion 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 ma terials , the following priority shall be used to resolve such conflict: A. State Highway Safety Rules ; then B. LEAF Contract Management Manual and Guidelines; then C. This Contract ; then D. Attachments A, B, C, in that order ; then E. Appro ve d Applica ti on . 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 (coll.,1ctively , 'the project"). 3. The Contractor shall submit qua rt erly 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 !he actual cost s of the project work ,.; $30 ,000 , as described in Attachment C. The State shall part icipate in the payment as provid ed here in. State 's maximum (from LEAF) TOTAL AMOUNT $30 ,000 $30 ,000 The State shall use LEAF funds exr lus ively to pay for the act ual costs incurred by the Contractor for the project work up to tt•· State's maximum . If the Contractor incurs project costs which exc Ged the Attachment C budget amount without first obtaini ;1g an approval in th at amount by written contract amendment , the Contractor shall be solely responsible ror the payment of such excess costs. The State budget amount will be provided solely from LEAF funds . .A.ny obliyation of the State under this Con tract is contingent upon LEAF funds being available for th is Contract . The State will pay the Contractor for actual costs incurred on a quarterly basi s, su bject to pri or 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 othe r re c ords to support all costs charged to the Contract and shall prese nt sam e to the State upon request. 5. The effective date of this contract shall be th e dat e the Co nt ro ll er of ·he Si me of ~ol ora d-' approves this con trac t. or such later dat e specified herein. The Contract s hall beg in Janua r 2003 , an d shall terminate on Dec ember 31, 2003. • · 6. The Contractor agrees that any subcontracts entered into by the Contractor und er th is Contract must meet all applicable State and Federal re quirements and must be approved by thn Ottice of Transportation Safety prior to executio n by the Contractor. • 7. ;,,) Termination Due to Loss of Fundi!l.9. The parties hereto expressly recn,_.:1i~<i that the Contractor is to be paid, reimbursed, or otherwise compensated solely with cortain fu nds provided to the State for the purpose of contracting fo r lhe services provided for hereir. Therefore , the Co~- tractor expressly understands and agrees that all its rights , demands and <.;!alms to comp ensation arising under this Contract are contingent upon rece ipt of su~h funds by the State . In the event that such funds or any part the reof ar~ not received by the State, the State may Immediately terminate this Contract. b) Jermination for Cause. If , through any cause , the Contractor shall fail to fulfill in a timely and proper manner the obligations under this Contr.ict, or shall viola!EJ any of the covenants , agreements or stipulations of this Contract, the State d 1all thereupon have the right to terminate this Contract fo r cause by giving written notice to the Contractor such termination and specifying the ettective date thereof, at least thirty (30) days before the ettectlve date of such termination . In that event , all finished or unfinished documents, data, studies, surveys , drawings, maps, models , photographs , and reports of other material p re pared by the Contractor under th is Contract shall , at the option of the State , become its property, and tile Contractor shall be entitled to receive just and equitable compensation for any sat isfactory work completed on su ch documents and other materials . Notwithstanding the above, the (;ontra ctor shall not be relieved of liability to the State for any damages sustain ed by the State party by vi rtu e of a breach of the Contract by the Contractor, and the State may withhold any payments to the Contn,ctor for the purpose of setott until su ch time as the .xact amount of damages due the State from the Contrilctor is determined . c) Tennination for Convenience . The State may termi nate this Contract al any time that it determines that the purpose of the distribution of monie., under the Contract would no longer be served by completion of the Project. The State shall ettoct such termination by giving written notice of termination to the Contractor and specifying the ettective date thereof, at least twenty (20) days before the ettective date of s•ich termination . 8 . The Contractor shall adopt a resolution substant ially in the form presented by the State, which approves this Contract and authorizes a signatory to execute this Contract. A copy of sur.h resolution shall be attached to and made a part of this Contract. • SPECIAL PROVISIONS /fo r Us e Onlv with Int e r-Gove rnm en tal Co ntracts) APPROVAL. CRS 2 4 -30-202 (l\ Thi s co niract shal l no t be de emed valid unti l ,t has been approved by the C>n trolle r r,f the Stat e of Co lorado or such assistan t as he ma y de signate . 2 . P'UND AVA I LABIL ITY. ~RS 2 4-30-202 (5 .5) Finan cia l obli ga tio ns of the Statr of Coloradu payab le ofter the c urrent fi sc al ye,r ,re contingent upo n fund s for th at purp ose bei ng appropriated, budgeted, and otherwi se made available. J . IND!MNIF I CATION. In demnity : The co ntractor shall ,ndcmnify, save, and hold h,rmles s the State agai nst an y and all c laims , d,rnages, liability and co urt award s includ in g cos ts. c:xpcn scs. and atto rn ey fee s incurred as a re sult of any ac t or omi ss ion by the Co nrrncto r. or its empl oyees. agcnts. ,ubc ontr:ict or.;, or as signec:s pursuant to th e term s of th is contrac L No tenn or co ndi1 io n of this 1.:o nt r.ic t ~hall be co nstru ed or in terpreted as a waive r, expre ss or implied , of an y of the immuniti es, ri ghts, bendit s. pro tec tio n. or mhcr provi sio ns fo r the pan:ies, of the Co lorado Govem menu.l lmmunity Act, Sectio n 24-10-10 1 ct seq . C.R.S . or the Federa l Tort Clai ms Ac t. 28 U.S.C. 2671 et seq . as appli cab le, as now or hereafter amended. (1. INDEPENDENT CONTRACTOR. 4 CCR B0l -2 TH E CONTRACTOR SHALL PERFORM tTS 0 1/TtES HEREUNDER AS ,I N tNDEPENDENTCONTRACTOR AND NOT AS AN EMPLOYEE. NEITHER THE CUNlllACTOR NO R ANY ,I GENTOR EMPLOYEE OFTilE CO NTI.ACTOR SHALL BE OR SHALL B~ DEEMED TO EE AN AGENT O R EM PLO YEE OF 'ntE STATE . C ONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TA XES AND tNCOME T,IX AND LOC,I L HE AD TAX ON ANY MON IES PAID BY TilE STATE Pl.iRSUA.'ITTO TillS CO NTI.ACT . CONTRACTOR ACKNOWLEOvES TH,1 T TilE CONTI.ACTOR A,~D tTS E~IPLOYEES ARE NOT ENTITI.ED TO .UNEMPLO YMENT tN SUR ,INCE AENEFITS UN LESS me CO NTRACTOR OR TillRD PARTI PR OVIDES SUCH COVERAGE AN D Til ATTHE STATE DOES , OT P,IY FOR OR OTHERW ISE PRO V IDE SUCH COVERAGE. CONTI.ACTOR SHALL HAVE NO AUTH ORt ZA TI ON, EXPRE SS OR IMPLIED . TO UtND TIIE STA TE TO ANY AGREEMENTS. L ;AJllLITI, OR UN DERSTANDING EXCEPT AS EXPRESSLY SET FORTH tt EREtN . CONTRACTOR SHALL PRO V IDE AND KEEP IN FORCE WORKERS' C OM PE NSATION (A ND PROV tDE PR OOF OF SUC H tNSU R,\NCE WHEN REQ UESTED BY TIIESTATE) A.~D UNE~1PLOYMENT COMPENSATION tN S RA CE tN THE A~IOUNTS Rt:QU tRED BY LAW, AND SHALL BE SOLELY RESPO NSIBLE FOR 1llE ACTS OF THE CON"rn.ACTOR. ITS E~IPLOYEES ,\NO AGENTS . 5. NON-DISCRIMINATI ON. The.: co nirJl'.tOr agree s h) ..:0 111pl y wi 1h the lcth.:r anJ lht! spirit of all applic:ib l«: Slate and fo:deral law s re spec ting lfo:cn min;_it io n Jm.l unf:ur i.:mph.Jyn11.:n1 pr~1c1kc s. 6. CHOICE OF LAW . Th e law :-. of 1hc Srac c ur'(\1 11 r:1Ju .mJ mie s .1nJ n· ··l.11i u11 s issuc:d purs uant th ereto sh.ill b~ app lied in th!! interpre tat io n. t:x~cu ti on. :.ind c.:nfo rce;:inc nt nf th1 :,, ..:u nt r.h.:t. Any prov isio n \l l ltu s co ntract. whc:thc.:r or not incorpora ted herein by re foren c~. whi 1:h prov1Jt::-fo r .t rbm:nm n by .my i.:x1r::t-Jlldi d :.i.l body !l r p!!rso n or which is olh t!rwi se in co nni ct wi th said law s. ru ,..:s. ~mJ n:gu l.uion:-,hal l be ...:11n,1 Jcri:J 11111 1 .mJ vrn J. N!l thing i:o ntJJn!!d in .m y provision incorpor.lled here in hy refon:ni::.: wtm:h purp,1ns ·11 n~::'.:lti: th1 ,r any ,Hiter :-ped al pru \'\Sto n in wil l.l ie or in pan boll be va li d L'r ..:nfo rceable Jr ava ilab le: m .m y ac 0 11 .1t l.1w '\ ''l.!!1 • w a~ 0 r' ...:11 mpl.lim. Jdc:n sc. 0r o1h --q sc: An y pro \ 1~ion rcnde re: n,:, md vo id )'j thi: upcr.1t 10n 0 ( 1h1~ ·ni, 1:-11m \ 1ll II n, .l1 1tl .11 c the: 1\:111~1111Ji::r 1J ( lh 1s ..:a n tr :ict to thi:: ::!Xh!nt th .. t thi: i:o mr.1 . i:a pab 1c 1f l!:"<t!CU ll lJ ll . Ac .ill lll h::s Junn_:: thi.: Dt·r• nn m..:.: tll 1111:--,:,1 1111.1 ...:1. 1hc C.mtr.n:1 or :--h;il\ !!Cn c1l y Jd hi:re to all applic:.ibll! thh!r:i l and st a1i: la\\,, mies .. mJ 1\:;~.1 .1 t111 1 , 1h,H h.1,c: b1..·cn ,,r m :1 y hcrc::1 (c cr bi: i::s tabli :.hc:d . • EMPLOYEE F!Ni\NCL\.L .::-.rI"EREST . c~s 2 4-lS -:?0l &. CRS 2 4-50-50 7 The :-.1g-,,u ...,nt:!I .1,i:r !h.11 h1 1ht.·ir !...111."' l,.:,l~t:. nt1 ,:mp h,~c::: \1 ( 1hc: s,~1t~ 0 ( C0lor:1d o hJs .my p!!rson:11 or bl!nt:ti ci:il int c:n:M \\ hJ1 ,,1i:\'cr m th~ , ·r\ 1i...: \,r pwi 1cr1, Jt', .. nl,1..·J hcrcm . THE PARTIES HERETO HA V E EX EC UTED TH1S CONTRACT Cn&l cwood Police Dc oanm em Legal Na me of Conlr:1crinJ Entity 646000 583-F Social Security Number or FErN Signature of Authorized Officer Print Name & Title of Aulhorized Officer APPROVED AS TO FORM: (A n attest::1ti on is required.) STA TE OF CO LORADO : BILL OWENS, GOVERNOR By _________ _ Tom E. Norton Executive Dlrtctor Colorado Depar1ment ofTr:msportadon LEGAL REV[EW; KEN SALAZA R, A TIORNEY GENERAL By WA!VED4-)7 -98 Anes, (Soal) By ________________ _ (Town/C ity/County C l.erk ) CRS :?4~]0-202 rc4uircs th:u till.! Seate C,,nu-11\lcr appro Yc .111 stale: i.:o nlr:11.:1s. This i.:o ntr:ict is not valid un1il lhe Stntc Co ntroll er. or such assi scanl :is he m.iy dc h:g:uc. has signed u . The .:u nlr:ii.:to r is nut auth uri zi:d 10 be gin pcrfo nnancc until 1he c ontr:ict is signed :ind d:n cd b~low. If p~r fo rm am;c: begin s prio r tu the J :11c: below. th t: S1:1 1e uf C.J lor:ido may not be ob li g:u t:d to p:iy for the goods and/or services provided. STA TE CONTROLLER : ARTHl:R L. BARN . ART By ______________ _ GEO RGE ~ICCt:lL-\R. CD T CONTRO LL n O:ut.: _____________ _ • • • -.OLORADO DEPARTMENT OF TRANSPORTATION ~ CONTRACT ATTACHMENT A Re spo nsible Agency .....i glewood Police Departznent Pro1ec t Coordina lor Dlvisir,n Chief Robert Moore Ill L-19-03: 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. 2 4 • Actlvi Descri tlon Provide officers through out the term of this contract to perform dedicated DUI/DRE enforcement duties and activities within the City of Englewood as stated in the Approved Application. Conduct at least two sobriety checkpoints or saturation patrols during 2003 . This can be in coo peration with a nearby agency, the State Patrol or solely by the Englewood Police Depa rtment The Englewood Po lice Department will be actively involved in CDOTs DUI enforce ment public awareness campaign by participating in the joi nt efforts. This includ es , but not lim ited to, obtaining media interviews and media outreach , hosting media ride alongs and similar activities . Th e Englewood Police Department will report ba ck the requ est ed data to COOT by the specified times. Make a ll re asonable efforts to increase the DUI alcohol and drug related arrests w ithin Engle wood Police Department from the 2002 level. -'~OLORADO DEPARTMENT OF TRANSPORTATION EAF CONTRACT ATTACHMENT B LEAF REPORTING CRITERIA bF Project# L-19-03 • Englewood Police Department • • 1 ). Each quarter the Contractor shall submit a report to the Office of Transportation Safety in accordance with the LEAF Contract Management Manual . The Quarterly Reports will state all activity accomplishments as required by Contract Number L-19-03 during the reporting period . The Englewood Police Department will use the provided LEAF Grant Manager software package when compiling data and submitting the required reports . All recipients are required to use the software so the Colorado Department of Transportation can batter manage the statewide LEAF program. 2). No payment for cost incurred during the reporting period will be reimbursed by the Office of Transportation Safety if such Quarterly Reports are not current or are not compiled using the LEAF Grant Manager software program . 3). Upon completion of all LEAF a-=tivity the Englewood Police Department will submit a Fi,;al Report in accordance with thf. LEAF Contract Management Manual. COLORADO DEPARTMENT OF TRANSPORTATION LEAF CONTRACT ATTACHMENT C ~ .. ~ ....... ---------------------------- I LEA F Project # L-19-03-Englewood Police Department REVENUES TOTAL LEAF Funds 30,000 Cateaorv LEAF Funds Personal Serv ices $30,000 Operating expenses $ ' Capital equ ipment $ .. .. Travel expenses $ TOTAL $30,000 .. • • COUNCIL COMMUNICATION DA TE I Agenda Item I Subject November 18, 2002 1 O a i Law Enfo rcemen t Assistance Fund Grant INITIATED BY I STAFF SOURCE Safety Services Department Jo hn Collin s, Lieutenant Comm un itv Serv ices Grou o COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Coun ci l has ap prove d th e City's pa rt ici pation in th e LEAF Gra nt DU I preve ntion program seve ral ti mes in yea rs past, most rece ntly 2001. RECOMMENDED ACTION Sta ff seeks Counc il support for a biii fo r an ordinance approvi ng the Law Enforcemen t Assista nce Fund (LEAF ) co ntrac r L· l 9·03, enablin g th e City of Engl ewood to enter into a contract wi th the Colorado Sta te D eµa rtm ent of Tra nsp ort ation grantin g th e City money to be us ed by th e D epa rt ment of Safety Services fo r DUI detecti on and enforce ment. BACKGROUND , ANALYS IS , AND ALTERNATIVES IDENTIFIED The prop osed ordinan ce would all ow the Departmen t of Safety Services to accept LEAF grant m oney for use in th e detec ti o n and apprehension of D U I drive rs with in the City of Engl ewood. Th e Engl ewood poli ce, in accord ance w ith sta te motor ve hicle la ws, and w ith the preservation of life and p rop erty in mind, ac tivel y investiga te DUI viola tions w ith th e intent of rem ovi ng drunken drive rs from th e Ci ty's str ee ts. Accep tance of LEAF grant m oney enables the department to en han ce its DUI en force men t efforts by all owi ng th e department to pay for and dedicate m ore officers and equip m en t to this appreh ension effort. LEAF gran t mone y will all ow th e departmP.nt to deploy Eng lewood officers on an ove rtime basis spec ificall y to detect and apprehend DUI drive rs . The passa ge of thi s o rdinance sh ould ha ve no long-rang e impact on oth er City departments. The o rdin ance is a re q ui rement of th e grant p rocess. FINANCIAL IMPACT o local agency m atch fundi ng is~ by this co ntract: neve rth eless, ou r agency has pl edged to provide an in-kin d m atc h co nsisti ng of th e anticipated gran t-genera ted increase in court overti m e costs and pa rti cipati o n in at least two specific D U I sa turation patrols or D U I c h eckpoints. Th e total estimated additional cost to the city is about $3 ,000. LIST OF ATTACHMENTS Proposed Ordina n ce