HomeMy WebLinkAbout1996 Ordinance No. 049•
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ORDINANCE NO. :IL
SERml OF 1996
BY AUTHORITY
COUNCIL BILL NO. M
INTRODUCED BY COUNCIL
MEMBER HATHAWAY
AN ORDINANCE APPROVING A.~ INTERGOVERNMENTAL CONTRACT
BETWEEN THE STATE OF C£~RADO AND THE CITY OF ENGLEWOOD,
COLORADO, RELATING TO ·1•ttE LAW ENFORCEMENT ASSISTANCE FUND <LEAF)
PROGRAM.
WHEREAS, the Enclewood D,partment of Safety Services has submitted an application
to the Colorado Dspartment of Jfichways, Office of Transportation Safety, for funding to
conduct a program under the Law .::nforcement Assistance Fund (LEAF) for the pren,ntion
of drunken drivinJ and the enforcement al laws pertaining to the driving under the
influence of alcohol and drug,.; and
WHEREAS, punua, ,t to~. C.R.S~ the State ia authorized to allocate LEAF funds
by contract to local cities and counties to benefit the health and aafety of~ in Colorado
by the implementation of local procrama developed by these local authoritiee for dnmkeri
driving prevention and Jaw enforcement improvements; and
WHEREAS, the total budget amount authorized by the contract for the actual costs of the
project work ia $50,000 with the State'■ mu:imtllD ahare from LEAF as $15,000 or 30% and
the City'• share as $36,000 or 70%; and
WHEREAS, the Enclewood Department of Safety Se:rvices bu available the technical
ability to properly perform the project u d<'SClibed in th•• application and to address the
LEAF objectives of the State Legialature;
NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGL_EWOOD, COLORADO, AS FOLLOWS:
~-The inter~ovemmental contract between the State of Colorado, for the uae and
benefit of the Colorado Department of Transportation , Office of Transportation Safety, and
the City of Englew•,od, for the Englewood Department of Safety Services, (Police
Department), a COi'Y of which marked Exhibit A, is attached hereto and incorporated herein
by reference known as L-05-97 , is hereby approved by Englewood City Council .
~-Th• Mayor nnd City Clerk are hereby authorized to sign and attest 1aid
Contract on behalf of the City of Englewood and the Englewood Department of Safety
Services .
Introduced, read in full . as passetl o& first reading the 7th day of October , 1996 .
Publi ■hed u • Bill for an Ordinance on the 10th day of October, 1996.
Read by title and puaed cm final n,ading on the 21st day or October, 1P96.
Published by tiUe aa Ordinance No . tf/.., Serie• of 1996, on the 24th day of October, 1996.
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~k>, omu.JJ;;;:;;., MayV
Loucrishia A. Ellis, City Clerk
I , Loucriahia A. Elli•, City Clerk of the City ufEnglewood , Colorado, hereby rertify th•!
the a bov e and foregoing is a true C<fJp,Of the On!inance paaaed cm final n,ading an-!
~ .... ., ., .... M--N•·7+""•·~d .[/4,
L.'llcriahia A. Ellis •
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DIP~OIIAcaecfNUallt: 11.§:1? .. , CONTRACTMOU11NGNUlalll: ___ _
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CONTRACT
THIS CONTRACT , Made this ___ day of----~• 1996, by and between the State of
Colorado, for the use and benefit ofttoe Colorado Department ofTransponation, Office ofTranaportation
Safety , 4201 East Arkansas Avenue , Denver, Colorado 80222-3406 (hereinafter referred to as "the
Statej and the City of Englewood , for the Englewood Police Department, 3615 S. Elati Street,
Englewood , CO . 8011C (hereinafter 1eferred ID as "the Contractorj.
WHEREAS, authority exis1s in the Law and Fundl have been budgeted, appropriatlld and olhelwise
made available and a sufficient unencumbered balance thereof 111maina available for payment in Fund
Number 403 , Appropriation Code 304, ORGN 9817 , Function Number 9586, GBL Number OSLE and
FEIN Numoor 846000583-F; and
WHEREAS, required :.,pproval , clearance anj coordination has been accomplished \rom and with
appropriate agencies ; and
WHEREAS , the Legislature ,_ Cl98led the Law Enforcement Assistance Fund (LEAF) for the
prevention of drunken driving (43--4-40 '1 through -43-4404, CRS , 111placement edition); and
WHEREAS , LEAF has been establilhed to provide funds to aid in the prevention of drunken driving
• and the enforcement of laws pertaining to driving under too inftue~ of alcohol and drugs ; and
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WHEREAS , pursuant to §43-4-404, C.R.S., the State is authorized to allocate LEAF funds by
contract to local authorities (cities and counties) to benefit the health and aafllty of persons in Colorado
by the implementation of local programs developed by the local authorities for drunken driving prevention
and law enforcement improvements ; and
WHEREAS , the Contractor has submitted a LEAF project funding Application, which has been
approved by the State ; and
WHEREAS , the Contractor has established a qualified program, consistent with current State
Highway Safety rules at 2CCR 602-1, to coordina9 9ffoltB ID prev9111 drunken driving and to enforce laws
pertaining to driving under the influence of alcohol and drugs within its jurisdiction : and
WHERioAS , the Contractor has available the technical ability to property perform the project as
described in the Approved Application and to address the LEAF objectives of the Legi$lature ; and
WHEREAS , th i~ C'Jntract is executed by the State under authority of 29-1-203 , 43-1 -106 , 43-4-402
and 403 . and 24-42-103 CRS , and by the Contractor under sections 29-1 -203 and 30-11-1C '., 31-15-101
CRS or home rule charter, as applicable , and the attached resolution .
Page 1 of 7 pages
Nf:1NTHEREFQRE, I II hnby agtNS • fallowl :
1. The Contrac:ton Approwd LEAF Appllcallon, the LEAF Contract Management Manual dated
August 1, 1992 and LEAF ApplicaHon GuidlllMa d-.d July, 1882, thfl Sta1a HlghMly Safaty Rulll at 1
2CCR 602-1 , and Attachmenta A, Band C _,. incolpora1ad herein by thla rer.renc. n 19lffll and.
conditions of this contract. The Contractor acknowledgee that it ha received copiN of the LEAF
Contract M11nagement Manual , the Applic:ation Guidetinel, and the State Highway Safllty Rules . The
Contractor shall comply with al lillmll and COi iditions of this Conl!aci. In tho event of a conflict between
the terms of this Contract and the terms of lbs incorporated ma1erials, the following priority lhall be Ulld
to resolve such conftlct
A. Slate Highway Safety Ru!es ; then
B: LEAF Contrad Management Manual and Guidelines ; then
C . This Contract; then
D. Attachments A . B. C, in that order, then
E. Appl"DY9d Application .
2. The Contractor shall rarry out tt!e program and shall perform the activities which are specifically
described in the Approved Application and are generally described in Attachment A (collectively. "the
project;.
3 . The Contractor shall submit quarterly reports to the State detailing the performance of this
Contract accord ing to the reporting criteria descri>ed in Attachment e.
4 . Prqject Fyndjng prgyjsions. The total budget amount authorized by this Contract for the actual
costs of the pro~ work is ~50 .000, as described in Attachment C. The S1ate and the Contractor
shall participate in the payment of this total budget amount, as provided herein .
A. State's maxirrum share (from LF.AF)
B. Contractor's s111re
TOTAL AMOUNT
$15,000 (30%)
$35,000 (70%)
$50,000 (100%)
The St.ate shall use LEAF funds exclusively to pay for 30% of the actual costs incurred by the
Contractor for the project wort.: up to the State's ITIIIXimum share amount of $15,000 (30% of
$50 ,00.0). Provided , however. that the State's maximum share shall not exceed the amount of
$15 ,000 for any reason , including if the Contractor voluntarily pays more than the minimum match
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 1111 total budget amount
T•? Contractor shall provide a minimum match share of $.'5,000 (70% of $50,000), either in
payment of actual costs Incurred for the project woll< or in the performance of in-kind services on the
pro ject, which reimbursement be dil'ectty related to the enforcement of laws pertaining to driving
under the influence of alcoho l or other drugs .
Page 2 of 7 pages
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It Is a.iticlp.-d that the C.o~~ ~.,,. eil!W 11,aytlllnt cl =-or
in-killd seMcel emedirG ill minimum matdl ~nt In order to establish the project on a
pem••it belia, p!OVided that It II _,_iy 111ldllltood that any 1uc:h voluntary payment or
• ..,,.. llhall not incre1ae the Stltll'a mulmum ...,. under 1NI contract.
In addition , if the Contractor fails to provide the total amount of its minimum match share the
State 's obligation to pay its percentagt, lhant shall be reduced In dlntct proportion to the extant of
such failure , so that the State's obligation wiH be Rlduc:ed $30 for each $70 (30%-70%) the
Contractor fails to provide. Upon notice from the Stata, the Contrac:tor shall rapay the State any
amount that was paid by the State Ind that a subsequent audit datennines the Contractor exceeded
the State 's pen:entage 'If obligatior. oMlder this contact.
If the Contractor incurs project co:: which exceed the Attachment C budget amount without
first obtaining an approval in that amount by written contract amendment, the Contractor sha!I be
soiely responsi>le for the payment of such excess costs .
The State share of the total budget amount will be provided solely from LEAF funds . Any
obl igation of the State under this Contract is contingent both upon LEAF funds being available for this
Contract and upon the Contractor providing its minimum share .
The State will pay the Cor,tractor for the State's share of actual costs incurred on a monthly or
qua rt erly basis, subject to pri;;ir review and approval by the State of work performance and pursuant
to payment procedures contained in the LEAF Contract Manual. The Contractor shall maintain an
itemized accounting of all billings and other records to support all costs charged to the Contract and
shall present same to the State upon request
• The obligation of the Contractor for all or any part of the payment obligations set out herein shall
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only extend to monies duly and !awfully appropriated fer the purpose of this Contract by the
Govern ing Body of the Contractor. The Contractor hereby represents and ·ill:!rrants that the monies
to pay for the Contra cto~s obligations described here in have already been legally appropriated by the
Govern ing Body for the purpose of this Contract.
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 January 1, 1997 ,
and shall tenninate on December 31 , 1997 .
6. The Contractor agrees that any subcontracts entered into by the Contractor under this Contract
must meet a:! applicable State and Fedf,ral requirements and must be approved by the Office of
Transportation Safety prior to execution by the Contractor .
Page 3 of 7 Page s
7. 1) IeariqdPD \')t'llt IP l..pp A( Fync,:iJII . The p■r1iN hlnlto apiwj~ l 't--~ flh■t1he .;
Conll'ICIDr II to be paid, nllmbutlm :1 or othelWiH cxlrtip■i-■11c1101e1y w111", <..(ftlln fc,nda provided to
the Sllte for the purposed contrac:tk\g for the lll'llic8I provided fafherffl', ',~. 11'9 Con-
tractor axprealy undemandl 1nd ■oreee that ~ Its 'nghta, demalda ■nd ~ to compensation 1
■rising under this Contract ■re contingent upon receipt ohuch funds by the S!&le. In the event that •
;;,;ch funds or any part thereof are not received by the State, the Sllte or Con.r11ctor m■y immediately
terminate this Contract.
b) Termjnation for Cause . If, through any cause, either party ahlll faU to fulfill in a timely and
pro·per manner the obligations under this Contract, or If aitlm party shall viollb! arr/ of the covenants,
agreements or stipulations of this Contract , the non-breaching party ahall thereupon have the right to
terminate this Contract for cause by giving wri'.len notioe 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. .111 finished or unfinished documents, data, studies , surveys, drawings,
maps , models . photographs , and reports of other material prepared by the Contractor under this
Contract shall , at the option of the State , become Its property, and the Contractor shall be entitled to
receive just and equitable compensation for any satisfactory work completed on such documents and
other materials .
Notwithstanding the above , the breaching party shall not be relieved of liability to the
non-breaching party for any damages sustained by !he 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 setoff until suet, time as the exact amount of damages due the State from the
Contractor is determined , If the Contractor is a breaching party.
c) Iermjnatjon for Conven~. Either party may terminate this Contract at any time that It
determines that the purpose of~ distribution of monies under the Contract would no longer be
served by completion ofth;; ~,ject. Such party shall effect such termination by giving written notice •
of termination to the other part/ and specifying the affective 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 St3te , which
approves this Contract . obligates the necessary local monies to pay for its share of costs or in-kind
services and authorizes a signatory to execute this Contract . A copy of such resolution shall be
attached to and made a part of this Contract .
9. The Contractor shall perform its duties hereunder as an independent contractor and not as an
employee . Neither the Contractor nor any agent or employee of the Contractor shall be deemed to
be an agent or employee of the State . The Contractor shall pay , when due, all required employment
taxes and 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 attach~d hereto and hereby made a part I er,:,,:,f :,~ •wns and
condttions of th is contra ct .
Page 4 of 7 Pages
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~SS INHEREOf:, the par11N he191D ~ _..,.a.f!ll9g0ing oonlrllc:tlD be .~ by 11111r• aulh.."fized ofllclrB the day and yeartntabCM wrlllln. ,
• City of Englewood
Contractor:---------Position : MayorlCtlltllltfUl'6Wl1IX
Thomas l. Burns, Mayor
Contractor. ________ _
Position: Chief/Sheriff
APPROVED AS TO FORM :
City of Englewood
AttDmey
Daniel L. Brotzman, City Attorney
ATTEST
.City of Englewood
Clerk
Loucrishia A. Ell i s, City Clerk
STATE OF COLORADO
ROY ROMER, GOVERNOR
By GU.-:-:ILLE.,..,,,R""'M,.,.O~v·-,. v""'l,-DA_L _____ _
Executive Director
Department of Transportation
By MA-=TTH~ew=-=-REA~Yc:---------
Branch Manager
Transportation Safety &
Traffic Engineering Branch
ATTEST
Chief Clerk
Department of Transportation
Ae.eP.OVALS
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CLIFFORD W. HALL
State Controller
By ______________ ,__
GEORGE MCCULLAR, Controller
Department of Transportation
GALE NORTON
Attorney General
By BA_R_R_Y_B_, -RY_A_N ______ _
Assistant Attorney General
Civil Litigation Section
Page 5 of 7 Pages
.TION,
CT ATTACBNENT A
LEAF OBJECTIVE PLAN
.!:AF pn,ject # L-05-97 jRNpcnit,le Agency Englewood Police Department
Contract Period 1-1-97 through 12-31-97 projec!Coanlina1Dr SergnntSam Watson
~ Objective :
L-05-97 , To increase and improve the enforcement of the laws perta ining to alcohol and drug related
traffic offenses within the City of Englewood by performing the activities described in the Approved
Application and summarized below.
A-t
2
3
4
Provide officers ttvough out the term of this contract to perform DUI 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 1997 . This can be
in cooperation with a nearby agency , the State Patrol or solely by the Englewood Police
Department
The Eng!ewood Police Department will be activily involved in The Hut Is Dnl DUI
enforcement public awareness campaign by taking the lead in at least one of the joint 4I ~
efforts and report back the requested data in a timely manner to COOT.
Make all reasonable efforts to increase the DUI alcohol and drug related arrests within the
City of Englewood by 5% from the 1996 level.
C DOT Form t1()gJ 11/92
t ~ADO DEPARTIIENT OF TIWCSPOIITAllON
,_, CON'l"AACT ATTACHMENT B
LEAF REPORTING CRITERIA F Prajectt L-05-97 -&nql•wood Police Department
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1 ). L:ac:h quarter the Contractor shall submit a report to the Office of Transportation Safety In
acrurdance with the LEAF Cor.trad Management Manual The Quarterly Reports will state all activity
accomplishments as required by Contract Number L-05-97 during the reporting period. The
Englewood Police Department will use the provided LEAF Grant Manager software package when
compilng data and submitting the required reports. /'ff l9Cipientl will be 19quinld to use the software
so that the State can better manage the LEAF program .
2). No payment for cost incurred during the reporting period will be reimbursed by the Office of
Transportation Safety if such C.uarterty Reports are not current or are not compiled using the LEAF
Grant Manager software program .
3). Upon completion of all LEAF activity the Englewood Police Department will submit a Final Report
in accordance with the LEAF Contract Management Manual.
Cot,~ DEPARTMENT OF TRANSPORTATION
LEU' CONTRACT A'l'TACBMENT C
L··OS-97 -Englewood Police Departmant
REVENUES
Soun:e of lunde
TOTAL
LEAF
$50,000 $15,000
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EXPENSES
Category Total
Persona l SeNices $50,000
Operating expenses S-0-
Capital equipmen t S-0-
Travel expenses S-0-
TOTAL $50,00 0
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Local
$35,000 •
• COOT Form •1 093 11192
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COUNCIL COMMUNICATION
Date Agenda lt?m Subject
10 a V
Law Enforcement Assista nce
October 7, 199 5 Fund Grant
Initiated By Staff Source
Bob Moore,
Safety Services Department Safety Services Division Chief -
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Coun cil h.~s approved the City's participation in the LEAF Grant program for the past rive years.
RECOMMENDED ACTION
Sta ff seeks Council support for a bill for an ord inance approving the Law Enforcement Assistance
Fund (LEAF) contract L-05-97, enabling the City of Englewood to enter into a contract with the
Colorado State Department of Transportation , which grants the City money to be used by the
Department of Safety Services for DUI C:-,tection and enforcement.
BACKGROUND , ANAI.YSIS, AND ALTERNATIVES IDENTIFIED
Th e proposed ordi nan ce would allow the Department of Safety Services to accept LEAF grant
money for use in the detect ion and apprehension of DUI drivers within the City of Englewcod .
The Englewood Pol ice, in accordance w ith state motor vehicle laws, and with the preservation of
life and property in mind, actively investigates DUI violations with the intent of removing drunken
drivers from the City 's streets. Acceptance of LEAF grant money en ables th e department to
enhance its D UI enfo rcement efforts by allowi ng the department to pa y for and dedicate more
officers and eq uipment to th is apprehen,ion effort.
At the present time , apprehension efforts are dependant on office rs attempting to detect the D UI
driver between assign ments . LEAF grant mone y would allow the departm ent to hire officers, on
an ove rt i me bas is, specificall y to detect and apprehend DUI drivers .
The pass age of !his ordinance sho uld have no long-range impact on other City departm ents . The
ordinance is a requirement of the grant process .
FINANCIAL IMPACT
No fi nancial i mpact to the Ci ty would occur. Local agen cy match fun ding required by the gran:
would con sis t of exis t ing '"in kind '" previousl y budgeted reso urces .
• LIST OF ATTACHMENTS
Pr oposed O rt.lin ance