HomeMy WebLinkAbout1997 Ordinance No. 029..
ORDINANCE No.clj_
SERIES OF 1997
BY AUTHORITY
COUNCIL BILL NO. 26
INTRODUCED BY COUNCIL
MEMBER VORMITTAG
Al'l" ORDINANCE .APPROVING Al'l" INTERGOVERNMENTAL CONTRACT
BETWEEN THE STATE OF COLORADO FOR THE USE AND BENEFIT OF
THE COLORADO DEPARTMENT OF TRANSPORTATION, OFFICE OF
TRANSPORTATION SAFETY (CDOT OTS) TO RECEIVE OCCUPANT
PROTECTION TWIST CAMPAIGN FEDERAL HIGHWAY SAFETY GRANT
FUNDING FROM APRIL, 1997 THROUGH JUNE , 1998, FOR THE PROMOTION
OF SEAT BELT AND CHILD SAFETY SEAT USE IN COLORADO AND THE
ENFORCEMENT OF LAW IN THE CITY OF ENGLEWOOD, COLORADO .
WHEREAS, the Englewood Department of Safety Services 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 April, 1997 through June, 1998, spanning both
the 1997 and 1998 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 Section 42-4-236 through 42-4-237 , Colorado
Revised Statutes; and
WHEREAS , Colorado Revised Statutes Sections 42-4-236 and 237 , require the use
of child restraint systems and safety belt systems in motor vehicles ; and
WHEREAS , federal highway safety funds have been made available to the State
under Title 23 U.S .C. Secrion 402 for increasing the enforcement and education of
safety belt and child car seat use in Colorado ; and
WHEREAS, the Colorado Department of Transportation, Office of
Transportation Safety 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 the funds for that
purpose; and
WHERE.AS , 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.
S o:· tion 402 federal highway safety funds to local law enforcement to aid in the
en10rcement 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 );
and
WHEREAS, the federal highway safety grant funds are anticipated to cover two
federal fiscal years and the parties desire to Contract for that entire two year term ,
pro vided that the second year of that term is made subject to the availability and
budgeting of federal funds for that purpose; and
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WHEREAS, the total budgeted amount for Occupant Protection Twist Campaign
Contract with the City of Englewood is in the amount of $6,400; and
·WHEREAS, the City of Englewood understands that the project Contract term
covers parts of two fiscal years (1997 and 1998) and that this Ordinance is intended
to approve the participation and obligation of Englewood for both fiscal years,
subject to the availability of federal funding for the 1998 fiscal year;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section l. The intergovernmental contract between the State of Colorado, for the
use and benefit of the Colorado Department of Transportation, Office of
Transportation Safety (CDOT OTS), and the City of Englewood, a copy of which
marked Exhibit A, and is attached hereto and incorporated herein by reference
known as the Occupant Protection Twist Campaign Contract NA 26, is hereby
approved by Englewood City Council.
Section 2. The Mayor and City Clerk are hereby authorized to sign and attest said
Contract on behalf of the City of Englewood.
Introduced, read in full, and passed on first reading on the 21st day of April, 1997.
Published as a Bill for an Ordinance on the 24th day of April , 1997.
Read by title and passed on final reading on the 5th day of May, 1997 .
Published by title as Ordinance No.:ft, Series of 1997, on the 8th day of May,
1997.
I, Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado , hereby
certify that the above and foregoing is a true copy of the Ordinance passed on final
reading and published by title as Ordinance No.dj_, Series o 1997 .
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DEPARTMENT OR AGENCY NUMBER: __ _
CONTRACT ROUTING NUMBER:-----
CONTRACT
THIS 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 "COOT
OTS" and the City of Englewood , for the use and benefit of the Englewood Police Department, 3615 S. Elati
Street, Englewood , CO 80110 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 , Org. Unit 9815 , Contract Encumbrance Number 9115 , GBL NA26 , and FEIN #
846000583 , for the financial obligation of the State under this Contract for the 1997 federal fiscal year, ending
9130197 . New numbers must be assigned and sufficient funds encumbered effective 10/1/97 for the financial
obligation of the state under this contract for the 1998 federal fiscal year, ending 9/30/98 ; 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 condit ions descri bed t herein ; -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 educat ion of safety belt and child car seat use in Colorado ;
and
WHEREAS , the Colorado Department of Transportation (Coon, Office of Transportation Safety (OTS)
is responsib le , under sect ions 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 COOT 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 T itle 23 U.S.C. Section 402 federal highway safety funds to 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 federal highway safety grant funds are antic ipated to cover 2 federal fiscal years , and
the parties desire to Contract for that entire 2 year term , provided that the 2nd year of that term is made
subject to the availability and budgeting of federal funds for that purpose ;
WHEREAS , the Contractor has subm itted a Letter of Intent to accept such federal highway safety grant
.nds and to perform such enforcement work, pursuant to the terms of this Contract; and
Page 1 of 6 pages
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WHEREAS , the Contractor has available the technical ability to properly perform the project and to
address the occupant protection enforcement objectives of the COOT OTS ; and
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 COOT OTS Contract Management Manual dated October 1,
1994 , the State Highway Safety Rules at 2CCR 602-1 , and Attachments A , 8 and Care incorporated herein
by this reference as terms and conditions of this contract. The Contractor acknowledges that it has receivi:d
copies of the COOT 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
8. COOT OTS Contract Management Manual and Guidelines ; then
C. This Contract; then
0 . Attachments A, 8 , C, in that order; then
E. Letter of Intent.
2. The Contractor shall carry out the program and shall perform the activities which are spec ifically
described in the contract .and are generally described in Attachment A (collectively , "the project"). -
3. The Contractor sha ll submit timely reports to the State detailing the performance of each one of the 8
"enforcement waves", as described in Act ivity# 3 of Attachment A , according to the contract specifications
and reporting criteria described in Attachments A and B.
4 . Project Fundina Provisions . The total budget amount authorized by this Contract for the actual costs
of the project work is $800 per wave, as described in Attachment C. The State shall pay this total budget
amount , as provided herein .
a. State's total share (1997) $2,400
b. State's total share (1998) $4,000
4 . A. Provided , that if Contractor does not perform any one or more of the 8 "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 Attachments A and B, 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 federal fiscal year 1998 shall be contingent upon those federal funds being appropriated ,
budgeted , and otherwise made available to COOT OTS therefore , and the Contractor shall not perform any
part of the 1998 federal fiscal year services described herein until COOT OTS provides written notice to the
Contractor that the 1998 funds are available. Any such work performed by the Contractor without that notice
shall be at Contractor's sole expense and shall not be reimbursed by COOT OTS .
Page 2 of 6 pages
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 a term spanning both 1997 and
•
98 federal fiscal years, subject to the availability of funding. Funds are currently avai lable and encumbered
the work for the 1997 federal Fiscal Year in the amount spec ified above , but no funds are currently
encumbered for the 1998 federal Fiscal Year. The State, unilaterally , has the right to increase the amount of
available funds under t h is Contract. In that event, the State w ill notify the Contractor thereof by Funding
Letter. The Fundjr:ig Letter will be in a form substantially equivalent to that in Attachment O, and it shall not be
deemed valid until it shall have been approved by the State Controller or such assistant as he may designate .
4 . C. The State shall use the occupant protection mini-grant funds exclusively to pay 100% of the actual
cos ts incurred by the Contractor for the pro ject work up to the State 's maxi mum share amount of 100% of
$2 .4 00 TOTAL. Provided , however, that the State's maximum share shall not exceed the amount of $2,400
for any reason, including if the Contractor voluntarily pays more than the minimum amount required of the
Con tractor under this contract, unless this contract is supplemented in writing to that effect prior ta the
inc urring of any cast in excess of the total budget amount.
4 . 0 . It is anticipated that the Contractor may voluntarily provide either payment of actual costs or in-kind
se rv ices exceeding its contract amount requirement in order to establish the project on a permanent basis,
prov ided that it is expressly understood that any such vo luntary 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 sole ly responsible for the
pa y ment of such excess costs.
a 4 . F. The State 's share of the tota l budget amount w ill be prov ided sole ly from the occupant protection
W 1forcement m~ni-grant app lication funds . Any ob ligation of the State under th is Contract is cont ingent upon
occupant protect ion enforcement mini-grant app lication funds be ing available for this Contract and upon the
Contractor carrying out the eight sc heduled enforcement waves.
4 . G . The State will pay the Con tractor for the State's share of actual casts incurred on a monthly basis ,
su bj ect ta prior rev iew and approval by the State of work performance and pursuant to payment procedures
co nt ained in the COOT OTS Contract Management Manual. The Contract or sha ll maintain an itemized ac-
count i ng of all bill ings and other records to support all casts charged ta the Contract and shall present same ta
the State upon request.
4 . H. The obligation of t he Contract or for all or any part of the payment obligations set out herein shall
on ly extend to monies du ly and lawfully appropri ated for the purpose of this Contract by the Governing Body of
the Con t ractor. The Contractor hereby represents and warrants that the monies to pay for the Contractor's
ob li gat ions described here in have already been legally appropriated through 9/30/97 by the Governing Bady
for the purpose of th is Contract. Con ti nuation of t his project through June 30 , 1988 will be solely dependent
on ava ilable federa l f unds in fiscal year 1998.
5. The effective date of th is contract shall be the date the Controller of the State of Colorado approves
th is con t ract , or such later date specified herein . The Contract sha ll begin after April 1, 1997 and terminate on
June 30 , 1998.
6 . The Contractor agrees that any subcontracts entered into by t he Contract or under this Contract must
meet all appl icable State and Federa l requirements and must be approved by the Office of T ransportation
e afety prior to execution by the Contractor.
Page 3 of 6 pages
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 e
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 o_r 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
stipulat ions 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 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 j ust 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 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 t he State from the Contractor is determined , if the Contractor is a breaching
party .
c) Terminat ion for Convenience . Either party may t erminate th is Contract at any time that it determines
that the purpose of the distribution of monies under the Contract wou ld no longer be served by comp letion of
the Pro j ect. Such party shall effect such termination by giving written notice of termination t o the other party A
and specify ing t he effect ive date thereof, at least twenty (20) days before the effective date of such termi--
nation .
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
attac hed 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 . NE ITHER
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 HERE IN. 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 Prov isions are attac hed hereto and hereby made a part hereof as terms
and condit ions of t h is contract.
Page 4 of 6 pages
. 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
9 r the Work, under this federally funded contract. 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 COOT 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 subgrants ;
d) to expedite any COOT approval, the Local Agency/Contractor's attorney , or other
authorized representative , shall also submit a letter to COOT 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 5 of 6 pages
IN WITNESS WHEREOF, the parties hereto have caused the foregoing contract to be executed
by their duly authorized officers th~ day and year first above written.
City of Englewood
Contractor:-----------
Position: Thomas J. Burns, Mavor
Contractor:-----------
STATE OF COLORADO
ROY ROMER, GOVERNOR
By ____________ ~
MATTHEW A. REAY, MANAGER
TRANSPORTATION SAFETY AND
TRAFFIC ENGINEERING BRANCH
Pos~on: Al Stanley, Safety Services
APPROVED AS TO FORM:
City of Englewood
Daniel L. Brotzman, City Attorney
ATTEST: ATTEST:
City of Englewood Chief Clerk
Loucrishia A. Ellis, City Clerk Department of Transportation
CLIFFORD W . HALL
Controller
GEORGE MCCULLAR
Controller
Department of Transportation
APPROVALS
GALE NORTON
Attorney General
BARRY B. RYAN
Assistant Attorney General
Civil Litigation Section
Page 6 of 6 pages
e Attachment 0 (Contract Funding Letter)
Date: -------
TO: Director Allen Stanley
Englewood Police Department
SUBJ : Contract Funding Letter
In accordance with Paragraph 4. A. and 4 . B., between the State of Colorado, Department of
Transportation (COOT) and the C ity of Englewood covering the period of April 1, 1997 through June 30,
1998, the unders igned commits the following funds to the contract:
The amount of funds available and specified in paragraph 4. C . is increased by $4,000 to a new total funds
available of $6,400 to satisfy orders , or to complete the performance of work, under the contract.
Paragrap h 4 . C. is hereby modified accordingly.
This funding letter does not constitute an order for services under this contract.
e This fu.nding letter is effective upon approval by the State Controller or such assistant as he may
designate . ·
State of Colorado :
Roy Romer, Governor
By : __________ _
MATTHEW A. REAY, MANAGER
TRANSPORTATION SAFETY AND
TRAFFIC ENGINEERING BRANCH
APPROVALS :
FOR THE STATE CONTROLLER
C lifford W . Hall
By :-----------
State Controller or Oesignee
SPECIAL PROVISIONS
CONTROLLER'S APPRO VAL
l. This contract shall no t be deemed valid unt il it shall have been approved by the Contro ll er of the State of Colorado or such assistant u he may designate. This
provision is applicable !O any con tract involving the payment of money by th e S !ace .
FUND AVAILABILITY
:?. Financ i_al obligac io ns of th e $rate of Colorado payable after the current fiscal year uc continger.! upon funds for that purpose be ing •ppropriated. budgeted.
and 01herwise made ovail3ble .
B-OND REQUIREME NT
3. If this contnct involves 1he p•yment of more than !afty lhousand dollars for the construction. erec ti on. rep3 ir. maintenance. or improvement of any building.
road . bridge. viaduct . !unne l. excava!ion or other public worlc for this State. the contractor shall. before entering upon the performance of any such worlc included
in this contract, dul )' execute and deliver to 1he 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 contnct. 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 10 duly pay for any
labor. materials. 1eam hire. sustenance . provisions. provender or other suppl ies used or consumed by such contractor or his subcontractor in performance of the wor~
•onirac!eC !C he d on ~ or fails !o p3y Jn y person who supplies rent:il m3chinery . tools . or equipment 1n the prosec uti on of lhe work 1he surc1y v•ill pay the same in
an amount not exceeding the sum spec iiied in 1he b<lnd. together with interest at the rate of eight per cent per annum. Unless such bone 1s executed . delivered 3nd
filed. no claim in favor of the contractor arising under such contract shall be audited. allowed or paid . A ccnified or cashiers checlc or a bani: money order payable
to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in compl iance 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 coun awards including costs. expenses., and auomey fees incurred as a result of any act or omission by the concnctor, or its employees.
agents. subcontractors. or assignees pursuant to the tenns of this contr.act.
DISCRIMINATION AND AFF1RMA TIVE ACTION
5. The contnoc:tor agrees to comply with the letter 211d spirit of the Colorado Anricliscrimination Act of 1957. u amended. and other applicable law respecting
discriminatioo and WJfa.ir employment prxtic:es (CRS 24-34-402). and as required by Executive Order. Equal Opponunity and Affirmative Action. dated April 16.
1975. Pursuant tht!rt!to, rlrt! followin~ prO'lli:sion:s :shall In con1aillt!d in all S1au co/llTacl:s or :sub-co1t1rac1:s.
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. creed. color. national origin. sex.
marital status. n:ligioo. mc:cstt)'. mena.I or physical handicap, or age.. The cooaaaor will take affirmative action to insure dw appliams arc employed. and that
employees arc treated during employment. without regard to the above mcntiooed c:har.ictcristi Such action sh.ail include. but llO< be limited IO the following:
employment upgnding. demotion. or iransfcr. n:cruiancnt or n:cruitment advc:tisings; Lay-offs or terminations; ntcs of pay or odler forms of compc:nsatioa; and
selection for training, including apprenticeship. The contractor agrees to post in conspicuous pix=. available to employees and applicants for employment.
notic= to be provided by the contracting officer setting fonh provisions of this non-<iisaimination clause.
(b) The contractor will . in all solicitations or advenisemems for employees placed by or on behalf of the contractor. state that ill qualified applicants will
receive considention for employment without regard to race. creed. color. national origin. sex. marital Status. religion. ancesuy, mc:ntal or physical handicap.
or age.
(c ) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agr=ent or other conuact or
understanding. notice to be provided by the contracting officer. advising the labor union or workers ' representative of the conuactor"s commitment under the
Executive Order. Equal Opponunity and Affirmative Action. dated April 16. 1975. md of the rules. regulations. and relevant Orders of the Governor.
(d) The contr.actor and labor unions will furnish all information and repons required by Executive Order. Equal Opportunity and Affirmative Action of April
16. 1975. and by th e rules. regu lations and Orde~ of the Governor. or pursuant thereto. and will permit acc=s to his books. =rds.. and accounts by the
contracting agency and the office of th e Governor or his <ksignec for purpos= of investigation to ascertain compliance with such ruics.. regulations and orden.
(e ) A labor organization will not ex clude 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 again~t :my of its members in the full enjoymen1 of worlc opponunity bcc3use of race. creed. color.
se x. national origin . or ancestry.
(0 A labor organ izati on . or th e employees or members thereof will nor .Ud . abet. incite. compel or coerce th e doing of any act defined in this contract to be
discriminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereundc:: or attempt. either directly
or indirectly. to commit an y act dciined in this contract to be disc:iminatory.
Form 6-AC.019
Revised 11'13
395.53.01.1022
<ic:l !n the event of the contractor·s non-compliance with the non-discrimination clausc;s oi this car.tract or with any of such rules. regulations. or orders •
. this contract may be canceled. terminated or suspended in whole or in part and the contractor !'!lay be declared ineligible for further State contracts in
8 dance with procedures. authorized in E.xccu1ive Order. Equal Opponuni1y and Affirmative Action of April 16. 197.5 and the rules. regulations. or
.. s promulgated in accordance therewith. and such other sanctions as may be imposed and re~:dies as may be invoked as provided in Executive Order.
Equal Opportunity and Affirmative Action of April 16. 197.5. or by rules. regulations. or orders promulgated in accordance therewith. or u otherwise
provided by law .
(hl The contractor will include the provisions of p:iragraphs (a) through (h) in every sub-con:;ac : :ind subcontractor purchase order unless exempted by
rules. regulations. or orders issu.ed pursuant 10 Executive Order. Equ:il Opportunity and Affirm;rnve Action of April 16. 197.5, so that such provisions will
be binding upon each subContractor or vendor. The contractor will take such action with respect 10 any sub-contracting or purchase order as the contracting
agency may direct. as a me:ins of enforcing such provisions. including sanctions for non-compliance: provided.. however. that in the event the contractor
-&ccomes involved in. or is threatened with. litigation. with the subcontractor or vendor as a result oi such direction by the contracting agency. the contractor
_may request the State of Colorado 10 enter into such litigation to protect the interest of the State of Colorado.
COLORADO LABOR PREFERENCE
6:1 . ?ro'"isions of CRS 8-17-101 & 102 for preference of Colorado labor arc :ipplic:iblc to this contract ii public works within the Staie arc undertaken hereunder and
are fin•nced in whole or in part by State funds.
b. When a con~truction contract for :i public project is to be awarde;:l to a bidder. a rcsidcn1 bidder shail be allowed a preference against a non-rcsidenl bidder from
" ,,,,,. nr furci;:n counir~· equal to the preference given ;:i: rc.·quircd by the state or forci!?n country in "'·!\1c:i the: non-rcsidenl bidder is a resident. if it is determined by
tho: office~ '"'pons ible for ""'a;din~ the bid 1hal com;ili~nce wnh ;hi> sui>•.:c:wn .tin ;n~y c~u:-~ •!eni~: v :· federal fonds "'hich would otherwise be av:iilablc or would
otherwise be inconsistcni with requirements of Federal law, this subsection shall be suspended. but onl;-10 the cxlent ncccs•:iry to prevent denial of the monc:ys or to
climin>tc the inconsistency with Federal requirements (CRS 8-19-101and102)
GENERAL
7. The laws of the Stare of Colorado and rules and reiulations issued pursuant thereto shall be app ii ed in the interpret.a.lion. execution. and enforcement of this
contra<:!. Any provision of this contr:act whcthCT or nol incorporated herein by reference which provide$ for arbitration by any extra-judicial body or person or wbkh
is otherwise in conflict with said laws. rules. and regulations shall be considered null and void. Nothing contained in any provision incorporated bcrcin by refci;ncc
which purportS to negate this or an·y other special provision in whole or in pan shall be valid or enforceable or available in any action al law whether by way of complaint.
deicnce. or otherwise. Any provision .rendered naJI :and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the
contra.ct is capable of execution. ·
3. At all times during the pcrionnance of this conlnCt.. the Contractor shall strictly adhere to all "1ppliC2blc federal and state laws. rules. 1%ld reguWions that have
~ nuv hereafter be cst.a.blished. ·
.c signatorib aver that they m familiar with CRS 18-3-301. ct. seq .• (B~bcry and Corrupt Influences) and CRS 18-8-401. ct. seq~ (Abuse of Public Office).
and ·:•t no violation of such pro-iisions is pr'CSCDI.. ·
10. Tiie signatories aver that to their knowlcd~ no state employee bas any pcn:onal or beneficial interest whatsoever in the service or propcrry described bcrciA:
~ 'lrTr.'ffiSS WHEREOF. the panics hereto have cxecatcd this Contract on the day first above writ1cn.
{Full Legal Name)
Po<nion <Title )
Soc:1~ S«unt)· N'umocr or kdcnJ J.D. !'icunoa
If c~l"?oration :)
By~~..,,.-"-~~~~~~~~~~~~~~~~~~~~~~ /-------
Fenn o -AC ·O ~C
Rcv 1,c:d 1r.n
395-5.l -O 1-1030
STA TE OF COLORADO
ROY ROMER, GOVERNOR
A??RO\' ALS
CONTROLLER
COLORADO DEPARTMENT OF TRANSPORTATION
CONTRACT OBJECTIVE PLAN
State Program: Public Ways Contracting Agency : Englewood Police Department
State Sub-Program: T-ransportation Safety Project Coordinator. Director Allen Stanley
Problem Solution Plan : Occupant Protection Contract Period : Effective date through 6/30/98
Project # NA26
Objective:
Task
Activity#
2
3
4
5
6
7
8
9
HSP#
Englewood Police Departmen t: To encourage local law enforcement agencies to aggressively enforce occupant restraint laws
within the City of Englewood through a combination of intensive statewide public education , awareness efforts and
performing the activities descri bed in the Approved Occupant Protection Twist Campaign Contract as
summarized below .
Activity Description
Provide law enforcement personnel w ithin the City of Englewood for overtime enforcement of Colorado 's
occupant restrain t laws, with an emphasis on the primary child passenger law as stated in the Approved
Occupant Protection TWIST Campaign Contract .
Encourage the City of Englewood officers to issue traffic citations for violations of Colorado's occupant restraint
laws , where officers determine in their j udgement that such cita t ions are warranted .
Participate in eight (8) des ignated enforcement waves (when personnel available) within the following time
f rames :
4/18-22197 5/23-27/97 8/15-19/97 10/17-21/97 1/16-20/98 2/13-17/98 4/24-28/98 5/22-26/98*
*Should dates change, your agency will be notified as soon as possible.
Conduct info rma l pre & post enforcement safety be lt usage surveys of 100 drivers and 100 outboard passengers
to be comp leted on COOT printed forms and submitted with in 7 days of the conclusion of each wa ve.
Submit an Act ivity E•1aluation Report provided by COOT (via fax ) to Marian Fisher (303) (757-9453), FAX : (303)
(757-9051) and/or Mairi Nelson (303) (202-038 3) by 5 :00 p.m . the day after doing the scheduled enforcement
wave . See report dates below :
4/29/97 6/3/97 8/26/97 10/28/97 1/27/98 2/24/98 5/5/98 6/2/98*
*Should dates change, your agency will be notified as soon as possible.
Inform local news media of scheduled special safety programs and safety belt/child safety seat
compliance in all fatal crashes.
Provide each mo tori st contacted during the campa ign with a COOT-provided safety brochure and/or other safety
material.
Commit at least on e law enforcement officer to attend a one-day workshop/training session at a COOT-
des ignated training site on or before 9/30/97 .
The summary report (reported by the Office of T ransportation Safety) will be based on information contained in
the Activity Eva luation Report submitted after each wave. This information will serve as quarterly reports and
the final report .
Previous eo 1t1 ons are obso lete and may not be used COOT Form #1 1 Ob
7192
Attachment _A._ Page_1_of_3_
COt.ORADO DEPARTMENT OF TRANSPORTATION
.. ~~ONTRACT EVALUATION DATA
Project# NA:S HSP# Task#
Englewood Police Department
Task -'
Activity# Evaluation Description Type of Report
evaluation timeframe
1 Approximately every othe r month (beginning in April), the Performance Quarterly/Final
Contractor shall conduct enforcement waves and submit
enforcement summary 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 as required by Contract
# NA26 during the reporting period .
2 Upon comp letion of all Occupant Pro tection TWIST Performance Quarterly/Final
1Campaign enforcement activ ity , the Englewood Police
Department will submit eigh t (8) Act iv ity Evaluation Reports
on or before 4/29/97 , 6/3/97 , 8/26/9 7 , 10/28/97 , 1/27/98 ,
2/24/98 , 5/5 /98 , and 6/2/98 in accordance with the Occupant
Protection TWIST Campa ign guidel ines .
3 No payment for costs incurred during the reporting period will Performance Quarterly /Final
e jbe reimbursed by the Offi ce of T rans portation Safety unt il . .A.c ~i vity Eva luation Reports and cla im r~i mbursement forms
ha ve been received . (re fer to cla im reimbursement
g uidelines in the COOT OTS Contract Management Manual).
I
'
I
e
Previous ed1t1ons are obsolete and may not be used CDOT Form #1 107
7192
Attac h ment_A_, page _2_ of_3_
.
~
COLORADO DEPARTMENT OF TRANSPORTATION ' ' CONTRACT FINANCIAL BUDGET .
PROJECT# NA26 -Englewood Police Department
BUDGET ALLOCATION FOR HSP# TASK#
Cost category OTS($) Agency($) Total($)
Personal Services $6.400 -0-$6,400
Operating expenses
Travel expenses
Capital equipment
Other
Totals $6 ,400 -0-$6.400
DISTRIBUTION OF OTS FUNDS (BENEFIT OF): STATE$ -0-LOCAL $6,400
BUDGET ALLOCATION FOR HSP# TASK#
Cost category OTS($) Agency($) Total($)
Personal Services
Operating ex pe nses
T ravel expenses
Capital equipment
Othe r
Totals
DISTRIBUTION OF OTS FUNDS (BENEFIT OF ): STATE$ LOCAL$
BUDGET ALLOCATION FOR HSP# TASK#
Cost category OTS(S) Agency($) Total($)
Personal Serv ices
Operating exoenses
Trave l expenses
Capital equipment
Other
Totals
DISTRIBUTION OF OTS FUNDS (BENEFIT OF ): STATE$ LOCAL
TOTAL BUDGET OTS($) Agency($) Total($)
$6,400 $-0-$6,400
Previous editions are obsolete and may not be used
COOT Fann .i11 OS 519 2
Attachment _ _,A---~ page -~3----of 3
,
'
•
COUNCIL COMMUNICATION
Date Agenda Item Subject Intergovernmental
Agreement authorizing grant
April 21, 1997 10 a v funding for a Seat Belt and
Child Safety Restraint Program
Initiated By Safety Services Staff Sources Director A. F. Stanley
Sgt. Sam Watson
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council has not previously approved the City's participation in this particular enforcement
program. Council has previously authorized grant funding for other traffic safety programs, such
as the Law Enforcement Assistance Fund (LEAF).
RECOMMENDED ACTION
Staff seeks Council support for a bill for an ordinance approving an Intergovernmental Contract
between the State of Colorado to receive grant funding for the "Occupant Protection Twist
Campaign," which promotes the use of seat belts and child safety seats.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Colorado Department of Transportation, Office of Transportation Safety, (COOT, OTS) is
offering Federal Highway Safety Grant funding from April, 1997 through June, 1998 for the
"Occupant Protection Twist Campaign." The Department of Transportation created the campaign
to encourage local authorities to increase the use of safety belts and the use of child restraint
systems by providing grants to local law enforcement agencies.
Under the proposed ordinance, the Office of Transportation Safety would provide funding,
allowing the Department of Safety Services to pay overtime wages for officers to promote seat belt
usage and to educate drivers about the benefits of seat belt usage.
FINANCIAL IMPACT
The proposed ordinance would have minimal financial impact on the City. The Department of
Safety Services would be responsible for any additional maintenance costs of Englewood's patrol
cars used for this program.
LIST OF ATTACHMENTS
Proposed bill for an ordinance