HomeMy WebLinkAbout1998 Ordinance No. 064•
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ORDINANCE NO.Id_
SERIES OF 1998
BY AUTHORITY
COUNCIL BILL NO . 56
INTRODUCED BY COUNCIL
MEMBER WAGGONER
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE COLORADO DEPARTMENT OF TRANSPORTATION (CDOT)
AND THE CITY OF ENGLEWOOD PERTAINING TO A GRANT ESTABLISHING
A TRAFFIC ENFORCEMENT PROJECT .
WHEREAS , City of Englewood Safety Services D e partment has applied to the
Colorado Department of Transportation (CDOT) for a grant to establish a traffic
enforcement project; and
WHEREAS , the CDOT Grant will establish resources which will enable the police
division to initiate a comprehensive traffic enforcement project; and
WHEREAS , the monies from the CDOT grant will allow funding of two motorcycle
officers and one traffic officer assigned to the Englewood Impact Team who will be
responsible for a ggressively enforcing those violations that cause accidents and/or
disrupt the quality oflife in the community; and
WHEREAS , the Englewood Police Division's primary goal is to reduce accidents at
the top five accident locations within the City by 10% over the three year period of
the intergovernmental agreement with CDOT ; and
WHEREAS , another goal of this project is to improve the quality of life on the
community by effectively addressing traffic issues that compromise safety and
disrupt the quality of life ;
NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD , COLORADO , AS FOLLOWS:
Section 1. The City Council of the City of Englewood, Colorado hereby authorizes
the Intergovernmental Agreement between the Colorado Department of
Transportation (CDOT) and the City of Englewood, a copy of which is marked as
"Exhibit A" and attached hereto.
Section 2. The Mayor and City Clerk are hereby authorized to sign and attest said
Intergovernmental Agreement on behalf of the City of Englewood.
Introduced, read in full , and passed on first reading on the 21st day of September,
1998 .
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Published as a Bill for an Ordinance on the 25th day of September, 1998.
Read by title and passed on final reading on the 5th day of October, 1998.
Published by title as Ordinance No.rd. Series of 1998 , on the 9th day of
October, 1998.
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foregoing is a true copl <JJ the Ordinance passed on final reading
and published by title as Ordinance No. ft2..!t. Series of 1998.
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DEPARTMENT OR AGENCY N UM E=-~
CONTRACT ROUTING NUMBE~
CONTRACT
THIS CONTRACT, made this day of _______ , 1998 , by arc
between the State of Colorado , for the use and benefit of the Department of Trans::cr:a-:;on ,
Office of Transportation Safety , 4201 East Arkansas Avenue , Denver, Co lorado 8C 2//.
hereinafter referred to as the State , and the City and County of Englewood , for the ~se 2.n d
benefit of the Englewood Pol ice Department, 3615 S. Elati Street , Englewood , CO 3 C~ • J .
hereinafter referred to as the Contractor,
WHEREAS , authority ex ists in the Law and Funds have been budge t ed , ai:::::cr .ated
and otherwise made available and a sufficient unencumbered balance thereof rerr.a ;r.s
availab le for payment in Fund Number 400 , Appropr iat ion Code 303 , Orgn Unit 98 2 2 .
Contract Encumbrance Number 9710 , GBL Number 212A , FEIN Number 84600 0 52::: a.::d
WHEREAS , required approval , c learance and coordinat ion has bee n acc8r.:.is.-ed
from and with appropriate agenc ies ; and
WHEREAS , the State is authorized under Secti ons 43-5-4 01 and 24-42-1C:: = = .. S .,
as ame nded , to coord inate with t he f edera l government and other entiti es to d e 11e ic : a.-=
implement plans and programs invo lving all aspects and compone nt s of tra ffi c sa f e:-1 -
Colorado ; and
WHEREAS , pursuant to T itle 23 Un ited States Code , Sect ions 402 . 408. ar ::: .! • :.
and to 23 Code of Federal Regulations , Parts 924 , 1204 and 1205 . the Stat e h as ';:--::e >. e d
approval and funding for implementation of its Fiscal Year 1999 Hi ghway Safety F 'a r ,:-SP )
from the U.S. Department of Transportation , National Highwa y T raffic Safe ry Adrr.ir is=::io n
and Federal Highway Administrat ion ; and
WHEREAS , the HSP contains programs and activit ies wh ic h the Sta t e h as
determined , in accordance w ith app licab le criteria , are des igned t o red u ce th e fr ec ·_e :::-~-and
severity of traffic crashes or improve the operat ional effic iency of ex isti ng t raffic sa;e:-_i
programs in Colorado ; and
WHEREAS , the State so lic its and reviews App lications and de t erm ines w r.:c.~
agenc ies or entit ies would be most appropriate in completing the object ives . conc:..C::r.s :he
activities and prov iding the services required by the HSP ; and
WHEREAS , the Contractor has submitted an Applicat ion to conduct c erta ir. ac::·.·-.:i es
approved in the HSP , which App licat ion has been approved by t he State ; an d
WHEREAS , the Contractor, a pol itical subdivis ion of the St ate , has th e t ec~:-i c:G .
ability to properly complete the objectives and act iv ities of the App li cat ion , as desc:-::e-:: n
Attachment A_of t his Contract ; a n d
WHEREAS , it has been determined no State agency can reasonab ly co n c L.~ ::-e
activ ities and provide the serv ices requ ired of the Contractor; and
WHEREAS , th is contract is exec uted by the State under authority of Secti c r-s ~-5 -
401 and 24-42-101 , C .R.S., as amended , and is exec uted by the Contract o r u n d e : a L.::-::ri ty
of Section 29-1-203 , C .R.S ., as amended , and as authorized by the forma l res olu t e:-:
attached hereto as Attachment A ; and
Page 1 of 10 pages
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WHEREAS , the Contractor warrants it has taken all necessary st eps to ens u re the
individual Contractor signatory be low has the authority to sign th is Contract.
NOW THEREFORE , it is hereby agreed as follows :
1. The following Attachments and other documents are incorporated as terms and
conditions of this Contract, to the extent consistent with this Contract.
A. State "Specia l Provisions "
8. Attachment A -Contract Objective and Tasks
C. Office of Transportation Safety Contract Management Manual
0 . The Project Application
E. Attachment 8 -Scope of Work (if other than Attac h ment A )
The Contractor shall comply with all such terms and conditions in the performance of the
work .
2. If a conflict occurs between t he terms and condit ions of th is Contract prope r and the
attachments hereto , the priority to be used to resolve such conflict s h a ll be as follows :
A. State "Spec ial P rov is ions "
8 . This Contract proper
C . Attachment A -Contract Ob j ective and Tas ks
0 . Office of Transportation Safety Contract Manageme nt Manual
E. The Project Applicat ion
F. Attachment 8 -Scope of Work (i f othe r t han Attac h me nt A )
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3. The Contract or sha ll carry out the program , conduct all the ac:i v ities and p ro v ide the •
services described in the Scope of Work attached hereto as Attachme nt A and deta i ied in
Attachment A.
4 . In the performance of the work , the Contracto r shall comp ly w it h all app licable
admin istrative procedures and contract requ irements conta ined in the Oc:ober 1, 1 SS..:t Co lorado
Highway Safety Contract Management Manual.
5. The Contractor shall submit periodic and final reports to the State accord ir ; to t he
requirements of the Contract Manual and the reporting criter ia set forth in page 2 of
Attachment A.
6 . The Contractor shall comp ly with the budget for th is contract as set forth in ;:iage 3 of
Attachment A. The Contract or sha ll be solely responsible for al l costs incurred in excess of this
budget amount.
7 . The total est imated program costs shall be $24 7, 111 . Subj ect t o the conc :ti ons of this
contract , the State and Contractor shall partic ipate in prov id ing t h is amo un t as follo w s :
A. State share (federal f unds )
shall not exceed
8. Contract or share
(estimated in-kind serv ices as
detailed in appl ication )
C . Tota l est imated program costs
Page 2 of 10 pages
$ 96 ,494
150 .6 17
$24 7 ,11 1 •
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The State share shall be comprised entirely of federal funds made availab le to the S :a::. :ie
State share amount of this Contract shall not be exceeded. If the actual total progr::.-=::s.....::
are less than t he estimated total program costs as a result of the contractor's failure := s --;ry
all of the estimated contractor share, the state's share shall be reduced proportiona:: ~· -:ie
term "proportionately" means the ratio of actual expenditures to total planned expe:=::-_ = 7or
both State and contractor shares . The contractor may increase the contractor sha r: ...-::-~t
further state approval , but this increase shall have no impact on the state share.
8 . The State shall reimburse the Contractor for the satisfactory performance _ .. ::;~
Contract exclusively from funds made available for this contract under the Highway S:."_. !
Act, Title 23 , U .S .C. Section 402 . Such reimbursement shall be only as provided in :-:
Contract Manual. Such reimbursement shall be contingent upon the contribution t :. :-:
Contractor of its partici pating share as provided herein , and shall be contingent upc -:-:
continuing availability of federal funds under the Highway Safety Act, Title 23 , U .S .: S~n
402 , for the purposes hereof.
9 . The term of this Contract shall begin on the effective date and shall terr:--=-= =-r
September 30 , 1999 . The effective date of this Contract shall be the date the req u i ,~=
signature approval of the State Controller is obtained on this Contract , as evidence-= ::_. :-=
date first appearing above. Contractor agrees that any contract work performed e r ::::5:::
incurred prior to t he effective date shall not be compensated under the terms of :h is ::--::-:==:.
10 . The Contractor agrees that any subcontract entered into under this C.: -:.=-=
shall meet all applicable state and federal requirements , including the requirements --==
49 , C .F.R. Sec:ion 18 .36 concerning competitive procurements , and must be apprc·.:-:: =: :ne
Director, Office of Transportation Safety , prior to execution . Contractor shall not as s .;::--::--:=:
Contract without prior written approva l of the State : any assignment without such a:::·::-=,c:
shall be void .
11 . a ) Termination Due to Loss of Funding . The parties hereto express .·:
recognize the Contractor is to be paid , reimbursed , or otherwise compensated sa ie:: N~
federal funds provided to the State for the purpose of contracting for the services ;::i= .-· :::-= ~or
herein . Therefore , the Contractor expressly understands and agrees all its rights . c.=-~
and claims to compensation arising under this Contract are contingent upon rece i ;::~ :.: s:_.=7"
funds by the State . In the event such funds or any part thereof are not rece ived by :-e :::=:::e ,
the State may immediately terminate or amend this Contract.
b ) Term ination for Cause. If, for any cause , the Contractor shall fail to fulfi ii -: ::.""'."'.'1ely
and proper manner its obligations under this Contract, or if the Contractor sha l l vi c 1c::: :,-. :Jf the
covenants, agreements or stipulations of this Contract, the State shall thereupon ha·.: :-= n ght to
terminate this Contract for cause by giving written notice to the Contractor of suc:i :::::-~on
and specifying the effective date thereof, at least 30 days before the effective date ::.: s-._::::-
termination . In that event, all finished or unfinished documents , data , studies , sur1e _.:s =-::;wings ,
maps , models , photographs and reports or other material prepared by the Contrac:::-::::=-this
Contract shall , at the option of the State , become its property , and the Contractor::.-:· == :ntitled
to receive just and equitable compensation for any satisfactory work completed on 5 ._ ::;-
documents and other materi als . Any provis ion of this contract to the contrary notwi::-s::=.:-=:ng , in
the event term ination of this contract becomes necessary , in the state 's sole disc:-e:: :-~= ::::imply
with any court order concerning state personal services contracts generally or t h is :::-::.-:e:.
specifically , th is contract may be terminated by the state immediately upon the g iv i r ·; :-=-=:ice to
contractor without further obligat ion of the state .
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12 . INDEPENDENT CONTRACTOR. THE CONTRACTOR SHAL L PERFOR V ·-s
DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EM?'....: ':"EE.
NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTR..!..:-:)R
SHALL BE , OR SHALL BE DEEMED TO BE , AN AGENT OR EMPLOYEE OF THE s-:.. -:=.
AND THEY SHALL HAVE NO AUTHORIZATION , EXPRESS OR IMPLIED , TO BIND--::
STATE TO ANY AGREEMENTS , SETTLEMENTS, LIABILITY , OR UNDERSTANDING :::~ ::EPT
AS EXPRESSLY SET FORTH HEREIN . THE CONTRACTOR SHALL BE RESPONS i 3 ~ 10
THE STATE FOR THE ULTIMATE RESULTS OF PERFORMANCE REQUIRED HER:=_·l'.OER
BUT SHALL NOT BE SUBJECT TO THE DIRECTION AND CONTROL OF THE STA ~ .:..3 TO
THE MEANS AND METHODS OF ACCOMPLISHING THE RESULTS . THE SPECIF c,:.-.O NS
IN THIS CONTRACT OF PARTICULAR PERFORMANCE STANDARDS THE STATE ::i ==Ms
ESSENTIAL TO PROPER PERFORMANCE AND CONTRACT VALUE SHALL IN NC ::·;:::"J T
BE DEEMED TO ALTER THIS RELATIONSHIP . CONTRACTOR SHALL PAY WHE N ::i 1_ =:A LL
REQUIRED EMPLOYMENT TAXES AND INCOME TAX WITHHOLDING , INCLUDING ::.._
FEDERAL AND STATE INCOME TAX ON MONEYS PAID PURSUANT TO THIS GR..!.,'"-
CONTRACT. THE CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE WORK:=-=·s
COMPENSATION (AND SHOW PROOF OF SUCH INSURANCE) AND UNEMPLOY :\i1 E '4 -
COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW, ANO SH.A.L_ ::=
SOLELY RESPONS IBLE FOR THE ACTS OF THE CONTRACTOR , ITS EMPLOYE=:~ ::.. '1 iJ
AGENTS . THE CONTRACTOR ACKNOWLEDGES THAT CONTRACTOR A ND ITS
EMPLOYEES ARE NOT ENTITLED TO THE BENEF ITS OF WORKER 'S COM PENS ;.-· :•l\J
INSURANCE OR UNEMPLOYMENT INSURANCE UNLESS THE CONTRA CTOR OF :.. --i l RD
PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY F:~ :·~
OTHERWISE PROVIDE SUCH COVERAGE .
13 . Pursuant to CRS 24-30-202.4 (as amended ), the state contro ll er may w it:-n ::1c ]ebts
owed to state agencies under the vendor offse t intercept system for: (a ) unpaid ch il d su::::::o:-4 debt
or child support arrearages ; (b) unpa id balance of t ax , accrued interes t , or other cha r ;~
specified in Art icle 22 , Title 39 , CRS ; (c ) unpaid loans due to the student loan d ivisio r. :r ::-e
Department of H igher Education ; (d ) owed amounts required to be pa id to the unem f:1c_.r-e1t
compensat ion fund ; and (e ) other unpa id debts ow ing to the state or a ny agency the r:d. -:-i :
amount of wh ic h is found to be owing as a result of final agency determinat ion or red L.c::= -::::
j udgement as cert ified by the controller .
Page 4 of 10 pages
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Changes (Grants/Subgrants)
The State may prospectively increase or decrease the amount pa·. ao le unde r ::-:is
contract through a "Change Order Letter," approved by the Stare '.:.:ntroller c1 ~i s
designee , in th e form attached hereto as Exhibit_, subject to tr.e ::tlowing c:::;-icitcns:
a. The Change Order Letter ("Letter") shall include the followir;:
(I)
(ii )
(iii)
(iv)
(v)
Identification of contract by contract number and aF~ed paras::::;.
number(s );
T yp es of services or programs increased or dec:-ease-:: and the -.-=:w :eve!
or each service or program ;
Amount of the increase or decrease in the level of ""-..:-::ing fore~·:::-:
service or program and the total;
Intended effective date of the funding change ;
A provision stating that the Change shall not be '1a >:: ~nt il appr-:-w~c:
by the State Controller or such ass istant as he rr.a:: :esignate:
b. Upon proper execution and approval , such letter shall bec::-e an ame:--=:---:e;.t to
this contract and , except for the general terms and cond itc -s and Spec::=:
Provis ions of the contract , the letter shall supersede the ~-:.-act in the =,,e;.-: of
a conflict between the two . It is understood and agreed :i"'.a: ~e letter -::y :e
used only for increased or decreased funding, and corresc:-::ing ad jus:-e"'"7S to
service levels and any budget line items.
c . If the contractor agrees to and accepts the change , the :::-::.::or sha ii -=x ec-~te
and return the letter to the State by the date indicated in :.:...e erter. In ::--= S'i e nt
the contractor does not accept the change . or fails to tirr.e :·. ::u rn the :.=-es:..-:ed
letter, the State may, upon notice to con t ractor, terminate::--s :ontrac: ::--ec=ve
at any tim e after twenty (20) days follow in g th e return dea:::·:-e spec ifiec :-: ~e
letter. Such notice shall specify the effectiv e date of te:r:-::ra-:::n . In the e v e:.t of
termination , the parties shall not be relie'led of their ob lic a:::-s up to tre
effective date of termination . -
d. Increases or decreases in the level of contractual fundinc -:::e throuc:-::-ie
letter process during the term of thi s contract may be mice _:-id er the -:-=.;i::wir.g
circumstances :
(I)
(ii)
(iii)
(iv)
(v )
(vi)
If necessary to fully utilize Colorado State appropri a~:c-s and /or nc --
appropriated federal grant awards .
Adjustments to reflect current year expenditures .
Supp lemental appropriations or non-appropriated fece: 7unding ::-:::-ges
result in g in an increase or decrease in the amounts :,....; :-'.ally bucc;;2:ec: and
avai l able for the purposes of this program .
C losure of programs and/or terminat ion of rel ate d c::r-:.:::s .
Dela y or difficulty in implem ent i ng new programs or se-.-·ces .
Other special circumstances as deemed appropriate =~· ::;e State .
Options : Additional Services/Performance Extension
A. The State may increase the quantity of services called fc:-:-~:aragrac r _; :th e
schedule ] [Exhibit_] at the unit price specified therein .
1) The State may exercise the option by written notice :: ::-e contrac:=.-
depos ited in the ma il not later than __ days prior:: ::-e exp i ra tc -:f :J1 e
contract, using a form substantially equivalent to Ex:-.::_.
2)
3)
Performance of the added services shall continue a: ::-e same rare :'.""'.:::::
under the same terms as the like items called for ur.::e-::-'.e contr2·::.
F i nancial obligations of the State of Colorado payat .e a-=:er the c:.;~-, 4 scal
year are contingent upon funds for that purpose be ir; a::Jropriate-~
budgeted , and otherwise made available .
Page 5 of 10 pages
B . The s ·ate may _al~o reql:Jire continued performance for:: :::>eriod of [c .-e _.-=:::-: :f
an y se rvi ces w1th1n the l1m1ts and at the rates spec ified :l t he con t ra c:_
1)
2)
3 )
i h e State may exercise the option by written notic2 :o t he cont r:: :::::r
::epos ited in the mail before the end of the perform a n ce pe ri od :..: :-e
c :::intract using a form substantially equ iva lent t o E.x .-:i b it .
lf t he State exercises this option , the extended co r.::-act s h a ll be ::::s•=e:-ed
:o include this option provis ion . The total durati on :f t his contrac:.. :-c:_:::n g
::e exercise of any options under t h is clause , sha ll 1 ot exceed fr. e =
·1ears .
!=":nancial obligations of the State of Co lorado pa y a::.e after t he ::_ =:-: ~::al
:t ear are contingent upon funds for that purpose be '.n g approp ri a::c:.
:u dgeted, and otherwise made available .
Rights in Da:a . Documents , and Computer Software
A. Sta t e O wnership . If St~te funds are used under t h is cc :-:r act. any sc~.rv ar:
resea r c h, reports , studies , data , photographs . negatives :x other doc:_ -e:::3
drawi n gs or materials prepared by contractor in the per::rm ance of ::~
ob li c;a t ions under this cont~act shall be the exclus ive pr::::·erty of th e S ::::: ::-:: all
sue~ m aterials shall be de livered t o the State by t he c or :r ac t or u po r. :::-= ~= ::n ,
te rrr:i n ati on , or cancellation of this contract. Contracto r 1ay , at its 0·111 ·-e::=-:-.se.
keec c opies of all its writings for its persona l fi les . Co n:.:-:;ctor s h a ll t.c: -~~
w ill ir ;ly a ll ow , or cause to have such materia ls used fo r :;ny purpose :::-e:-:-::.;-i
the ::erformance of contractor's obl igations un der t his c:: 1rract w ith c L: ::-e ::-:-
w ri t:e n consent of t he State ; prov ided , however, t hat c c-:ractor s h a ll =·= :;i::: ~d
to L..i Se non-confidenti al materials for writ i ng samp les in ::Jr su it of th e ····=:-~. --e
owre :s hi p rights descri bed here in sha ll inc l ude . but nm :e li m ited t c . :-e -·;:-: :o
co~~' pub li sh , display , transfer, prepare derivative work s o r oth e r N isc-_s c-
w ri te n work s .
B. Fese r-al Reserved Rights . If Federa l f unds are used u r::e: t h is co mr::-:::. =:~===t
for .t s own internal use, the contractor/grantee sha ll nm :u b l ish o r reci-:c:_:=e ::.ny
dat a, i n formation , in whole or part , that is recorded in ar.·1 form or m ec ·_:-
w h a:soever and that is delivered or spec ified t o be de!i1/e :ed uncer ::-.:s :::::-:::=-~.
nor 11 ay it authorize or perm it others to do so , without ·i-e writte n ccr s e .-.:-_ · -:-e
fece:-a l government, through the State , unt il such t ime as th e sta t e /f e-::.e s
go v e rn ment may have released such dat a/i nformation ::: th e pub ii c . -"-.s
au trcrized by 49 C .F.R. 18 .34 , the federal government. :h r o ugh t he ~ :::::e.
rese:-1es a royalty free nonexclusive , and irre 11ocable li ce n se t o r ep rcc _c :=.
put :;s h or otherwise use, and to authorize the State a nc :J t h e r s t o u se-: =-~·
wc r<. :eveloped under this contract or a resu lt in t h i rd f:3 :.Y contr ac: r:s;::-::::-.e
of 'N'"'.e t her it is copyrighted ; and b) any rights of copyri c;:-r t o w hi c h a
co r.::-act or/grantee , subrec ipient , or third party contractc ' pu rc h ases ='""'-e:-"3-=
w ith ~edera l ass istance. The Sta t e also reserves an ide--:t i ca l lice n se ;.:-~ _2 .
Pa t e,...t R ights. If any invention , improvement, or disco v e ry of t he
co r.::-act or/grantee or any of its subcontract ors or subg r ::ntees is c ::::r.c: ·,'='= ::-~rst
acti.;:ll y reduced to practice in the course of or under th :s c ontrac: w ei --<.. :--:: ~
sue:-'. s patentable , the contractor/grantee shall notify tr.e State i m m e=-=.2:=: _. =..-.d
pro v :~e a d etailed written report . The rights and respors ibili t ies of tre
co r.::act or/grantee , third party contractors , and t he Sta i:e wit h resf:eC: ::: ~;_::
inve:-:t ion , improvement, or discovery will be determine-:: n accord a r.c:: JV'~
apc i;c ab le state (and/or, if federal funds are used unde r :hi s con t rac: . .:ece: aws
anc 'eg ul at ions in existence on the date of execu ti on of :hi s co rrtr ac: ,,~·-:c::-:: ine
co r.::-a ct or title , right to elect title , state /federal governrr.e !it 'marc h ir ' -·:;~ ::.1 d
the s .::::ipe of t he state/federal government's ri ght t o a nc -:e xcl us iv e . r e ,-:::::--=-= e .
pa ic-..;p license to use the subject invention for its ow n. Th e con tra c::::-:;r=-...e-e
s h a :'. 'ncl ude the requirements of t his paragrap h in its tr d p a rty c on:::::::= ""::-::-i e
pe :.':;m ance of t he work under this contract .
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Ape · c a bl e Law. The contractor shal l at a ll ti mes durinc; :h e ex ec uticr :.: -:-~ •
cor.:.:-act st r ict ly adhere to , and comp ly wit h , a ll applica t e f edera l ar.c :::~ Z N S ,
anc :~e i r implementing regulations , as t hey c u rre ntly e x :s~ and m a y r-,=-== · -=-::ie
a m e-d e d , which are incorporated here in by t h is refere:.:e as t e rm s:.-:: :=-::-:i ons
of tr-.s con t ract.
Page 6 of 10 pages
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Grant Assurances . If this contract is a grant/subgrant involv ing the expend iture of
federal funds , the contractor shall at all times during the execution of this contract
strictly adhere to and comply with all applicable federal laws and regulations , as
they currently exist and may hereafter be amended , which are incorporated here in
by this reference as terms and conditions of this contract. The contractor shall
also requ ire compliance with these statutes and regulations in subgrant
agreements permitted under this contract. These federal laws and regulations
include , without limitation , the "Uniform Administrative Requirements for Grants
and Cooperative Agreements to State and Local Governments (Common Ru le ), at
49 Code of Federal Regulations , Part 18 .
14. The Special Provisions· attached hereto are hereby made a part hereof .
Page 7 of 10 pages
IN WITNESS WHEREOF, the parties hereto have caused the foregoing Contract to be
executed by their duly authorized officers the day and year first above written.
ATIEST
Chief Clerk
Transportation Department
ATIEST
Loucrishia A. Ellis
Title City Clerk
STA TE OF COLORADO
ROY ROMER , GOVERNOR
By~~~~~~~~~~~~~~
FOR THE EXECUTIVE DIRECTOR
COLORADO DEPARTMENT OF
TRANSPORTATION
Contractor
THE CITY OF ENGLEWOOD, COLORADO
Thomas J. Burns
Title Mavor
APPROVALS
CLIFFORD W. HALL
State Controller
By~~~~~~~~~~~~~-
GEORGE MCCULLAR, CONTROLLER
Department of Transportation
GALE NORTON
Attorney General
By~~~~~~~~~~~~~~
BARRY B. RYAN
Assistant Attorney General
Civ il Litigation Section
Page 8 of 10 pages
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~.OLLER'S APPROVAL
SPECIAL PROVISIONS
I. This contract shall no1 be deemed valid un1il ii shall have been approved by the Controller of 1hc State of Colorado or such assistant a.she may dcs.c.=a:... 7bJs
provision is applicable <o •n y con<ract involving 1hc payment of money by <he Sta<c:.
FUND A Y AILABILITY
:?. Financial obliguions of the State of Colorado pa yable after the current fiscal yc:u arc concingcnc upon funds for <h a< purpose being appropriated . :>vci:;c1cd.
and othcrwi;c: made •viiloblc .
BOND REQUIREMENT
3. If this contract involves the payment of more than fifty thousand dollars for the conscruc:cion. crcc:ti on . rcpoir. maintenance. or improvement of an:-::....;din!.
road. bridge . viaduct. tunnel. excavation or other public work for this State. the contractor shall. before entering upon the performance of any suc:h wora: ::•c::1CC<i
in this contract, duly execute and deliver to the State offic ial who will sign the c:ontrac:t. a good and sufficient bond or olhcr acceptable surety co be a~ ~
said official in a penal sum not less than one-half of the total ~ount payable by the terms of this contuct. Such bond shall be duly executed by a qualiliO: c.:r:>c>raJc
surety conditioned upon the faithful performance of the contract and in addition. shall provide that if t he contractor or his subcontractors fail to duly ~'." :·::n any
labor. maccri:ols. team hire. sustenance, provi<ions. provendor or ocher supplies used or consumed by such concnccor or his subcontrac:tor in perfo~nce of :::c wor~
.:ontra.:tcd 10 i-c done or f ool~ 10 p•y ony per<on who .<u pplic< rc:ncol m;ichincry . 10-0ls. or equipmcnr 1n <he pro<ecu<ion of rhc work rhe surety will P"'.' t:>e i:a.r:lc :n
an amount not exc:cc:d1n~ rhc sum spcc:ificd in the bond. <ogcthcr "'·11h interest at the rate of eight per c c:nt pc:r annum . Un ks.< such bond is e1.ecuccd . de :i ~c..~:: :u>d
filed. no claim in favor of the contractor arising under such contract shall be audited. allowed or paid . A cenilied or ca.sniers check or a bank money orcc::-?yaole
to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance with CRS }8-26-106.
INDEMNIFICATION
-4. To the extent authorized by law, the contractor sh::ill indemnify. save. and hold harmless the State. its employees and agenu. against any and ti; =ai::u.
<Umagcs. liability and c:oun awards including cosu. expenses. and anorney fees incurTCd as a result of any ac: or omission by the c:ontracior. or its =o::-ces...
agents. subconinctors. or assignees pursuant to the tcnns of this contnct.
DISCRIMINATION AND AFF1RMATIVE ACTION
5. Tbc coninaor ag:recs to comply with the lcaer IAd spirit of tbe Color.ado Antidisc:rimiA&tion Act of 1957. as am=ded. a.nd o<her &ppliab!e law ~
d.. · ination and imfa.ir employment pDctic= (CRS 24-34-402). and as required by Executive Ordc:-. Equ~ Oppommiry and Affirmative Action.. d.ued . .o..;:inl 16.
I ursua111 ~rero . IM fol/owinr prOYisions shall b< contained in all State contracu or sllb-contrac:s.
During the performance of this contract. the contractor agrees as follows:
(a) The contractor will no< discriminate against any employee or applicant for employment because of nee. creed. color. nation.al ori~ sex.
marital sutu.s. rcligioo. mccstry. IDClla! or physial mndiop, oc age.. The cooaactor will t2ke affimwive action c:o immt: dw applianis arc cmploye::. =d ttm
cmpto)'CCS arc trcued during employment. wichout regard to the above memioocd dwxtcristic:s. Sudl action shall include. but DOC be limited ao tbe ~~
employment upgr.iding. demotion. or transfer. n:auitmcnt or recruitment advenisings: lay--0ffs or tcmll.twions: =of pay or ocbc:r forms of cccip sa • • 1 and
selection for tnjning, including apprcntic:cship. The contractor agrea to post in conspicuous places. available to employees md applianu fOf' e::::;:ioyme::t.
notices to be provided by the contracting officer setting forth provisions of this non-<iiscrimination clause.
(b) The contnctor "'ill. in all solicitations or advcrtisemenis for employees placed by or on behal f of lhe conu-ac.or. state th.at all qu.alifiC1i appE=s wiii
receive consideration for employment withoot regard to race. creed. color. nation~ origin. sex. marital sxatu.s, religion. ancc.s:try. mcnta.l or pbygc:u ~p.
or age.
(c) The contractor "'ill send to each labor union or representative of workers with which he has a c:ollcc1ive bargaining agreement or othc::-~ or
understanding. notice to be provided by the contracting officer. advising the labor union or "'orkers' representative of the contnctors commiunc::.c: ~e:-t.'-.c
oc:cutive Order. Equal Opportunity acd Affirmative Action. dated April J 6. 1975 . :ind of the ru les. regulations. and relevant Orders of the Govc:=or.
(d) The contractor and labor unions "'ill furnish all information and reports required by E.xecutive Order. Equal Opportunity and Affirmative Ac:ica :>i April
16. 1975, and by the rules. regulations and Orde~ of the Governor. or pursuant thereto. and "'ill permit ace= to his books. records. and aa:oi= ~the
contracting agency and the office of the Governor or his designee for purposes of investigation 10 asccrujn compliance with such rules. regulations zo: ~.
(e) A labor organizat ion w ill not exclude any individual otherwise qu:ilified from full membership rightS in sue:~ labor organiz.ation. or expel any sue:: :o=:v1cual
from membership in such labor organization or discriminate again ~t :my of its members in the full enjoyment of worx opponunity because of race. c--.:... coior.
sex. nat ional or ig in. or ancestry .
(f) A labor organ izat ion. or the employees or members thereof will not aid. abet. incite. compel or c:ocrc:c: th e do ing of any :i.ct defined in chu c~: ;., ~
discriminatory o r obstruct or prevent any person from complying with the provisions of this concroct or any order issced thereunder. or attempt. ~ ~=ly
or indirectly . to commie an y act defined in this concr.ic t to be disc:iminatory.
·6-AC -O"B
Revised 11'13
395-53·01-1022
(g) In 1he e v ent o f 1he c on t ractor 's non -c ompliance "'"ith t he non-discrimination clauses oi this car.tract or w ith an y of such rules. regulauons. or orders •
. this contr:ict may be c ance le d . 1erminatc:d or s uspended in "'·hole or in pan and the c ontractor may be dec l ared ine l igible for funner State contn.cu in
accordance w ith procedures . author i zed in Executive Order, Equ:il Opportunity and Affirmative Action of April 16. 1975 and the rules . regulations. or
orders promulgated in accordance therewith . and s uch other ~net ion s as may be imposed and remedie s as may be invoked as provided in Executive Order .•
Equal Opponuni1y and Affirmati ve Action of April 16. 1975. or by rules, regulations. or orders promulgated in accordance therewith. ot u otherwise
provided by law .
(hl The contr.ictor w ill include the prov isions of p:iragraphs (a l through (h) in every sub-contract ;i,nd s ubcontrac t or purchase order un les.s exempted by
rules. regulations . o r o rders issued pursuant to Executive Order. Equ:il Opponunu y and Affirmative Action o f Apri l 16 , J 975. so that such provisions will
be b ind ing upon eac h s ubcontractor or vendor. The contract or w i ll cake such action with respect to any sub-contncti ng or purchase order as t he con~cting
agenc y may direct . as J m e:in s of enforc ing s uch provisions . including sanctions for non -compliance:: provided. however. that in the event the contnctor
4'ccomes invol ved in. o r is t h reatened with. lit i gat ion. w i th the subcontractor or vendor as ;i, result of s uch d i rec ti on by the contracting agency . the contractor
JTlay reque s t the: State o f Colorado 10 enter into such l itig:it ion 10 protect the interest of the: State of Colorado .
COLORADO LABOR PREFERENCE
lb. Provi sions o f CR S g. 17-1 O I & I 0 2 for preference of ColorJdo labor arc •pplic:ible 10 thi s contract if public works w ith in 1hc State arc undenalcen hereunder and
arc financed in who le or in part by State funds.
b . Whe n • con s tr uc ti on c on tract for l public project is 10 be •"'·arde d 10 • bidder. a resident bidder shall be allowed a prefer ence against a non-res ident bidder from
"-r•r ~ nr : .. rc i;;n co un 1r ~· equa l 1r. the prefe rence given "' require d bv t he ,1~1e or forc i ~n c ountry in which 1he non -res ident bidder is a resident . If ii is determ ined by
!he:: ufficc: rc::,pon ,ible fo r l '•J:d1n~ !he bid 1ho1 c o mp li "nc::c ...-11 h ;h r> -uh•c::c ;wn .On :n ay <·,u,~ J en": oi f«kr~I r~nc s whic h ...-ould Otherw ise be .-·~i !Jb l c or wou ld
otherw ise be incons ist en t wi 1h requi rements of Feder al law . lhrs 'ubsecuon ~hall be suspended . bu1 on ly 10 1hc cxicni necen .uy to prevent denial o{ the moneys or 10
eliminate 1he inconsisten c y with Federal requirements (CRS 8 -19-10 I and I 02 )
GENERAL
7. The laws of the Stue of Colorado and rules and reiula1ions issued pursuant there to shall be applied in !he interpretation. exccu1ion, and enforcement of th is
c:o11tnct . Any provision of this contract whether or not incorporatc1l herein by reference which provides for arbitntion by any extra-judicial body or person or whic h
i s olllerwisc in conflict with said laws. rules. and regulations shall be considered null and void. Not.bing contained in any provuion incorpontcd ncrcin by rcf=c:.:
whic:h purporu to negate this or ariy other speci al provision in whole or in part shall be valid or enforceable or available in any action at Jaw whether by way of coa:ipauu_
defence. or otherw ise . Any provision .i.:ndercd null and void by the operation of this provision will not invalidate the remainder of this contract to the CXtenl tha.t the
contract is capab le of executi on . ·
S. At all times during the pcrlomwlce of this coatr2ct. the Coatrxtor shall saictly adhere to all -applic:able fcdc:nl and SULC laws.. rules.. .md rcJ1Jl.atiOQS :hat ~ve
been or may hen:after be established.
9. The signatories aver that they arc familiar with CRS 18-8-301 , et. seq .• (B~bcry and Corrupt Influences) and CRS t8-8-4Ql. c.t. seq •• (Abuse of Public Offi.
and tha1 no violation of such pt"OVisions is prcscnl. ·
10. 1nc signatories aver that to 1beir knowledge. no sate employee h.u any personal or beneficial iatCTCSI whatsoever in the service or properry described bcn:in=
'WITNESS WHEREOF. the innics hcrcto have executed this Conlract on the day first above wrinen.
(Full Legal Name )
Position <T itle )
If Corpomion :)
A llc'1 I Sc l ll
Fonn 6·AC -02C
R""i<cd !NJ
)~·5 .L O I -10 30
Soc1.M Sccwitu y NumtJCr ot F-ederat 1.0. !'ivmbcr
ST A TE OF COLORADO
ROY ROMER, GOVERNOR
. .\PPROVA LS
CO N1ROLLER
•
•
•
Sample Change Order Letter In GranUSubgrant Contracts
Exhibit --
Date : -----------
St ate Fiscal Year 199 -9
Change Order Letter No. __ _
In accordance with Paragraph of contract routing numcer , FAA ADA
between the State of Colorado Department of -----
Division) and
[Contractor]
covering the period of July 1, 199 through June 30 , 199 the :.mdersigned agree that the
maximum amount payable by the State for eligible services in Paragraph is
(increased/decreased) by ($ amount of change) to a new tota l of($ ). The first sentence in
Paragraph is hereby modified accordingly .
The services affected by this (increased/decreased ) are moc:fi ed as follows :
The Budget is revised accordingly , as set forth in the Rev isec Budget, Attachment , attached
and incorporated herein by reference . .
This amendment to the contract is intended to be effective as ;)f , but in no event
shall it be deemed valid until it shall have been aporoved bv :~e State Controller or such assistant
as he may designate .
Please sign , date, and return all copies of this letter on or befcre ______ 19 __ .
Contractor Name:
By: Nam_e __________ _
Title-----------
APPROVALS:
By : For-----D~iv-is~io_n ___ _ ----
State of Coloracc:
Roy Romer, Governor
By :
_F_o_r~th_e_E=x-e-c-~~,t~iv-e~D~1,....·re-c~t-o_r __
Colorado De=artment of ----
FOR THE STA 1 =CONTROLLER
Clifford W . Ha ll
By : =s-ta_t_e""""c"""o_n_t-rc_:_te_r_o_r"""D,....e_s..,...ig_n_e_e __
Page 9 of 10 pages
Sample Opt ion Exerc ise Letter
Exhibit
Date :
TO :
--
[Contract or]
[Address]
SUBJ : Option Exerc ise Letter
In accordance with Paragraph of contract routing number , FAA ADA---..--
between the State of Colorado Department of --division) and
[Contractor]
covering the peri od of July 1, 199_ through June 30 , 199_ the State hereby exercises the
option for
(additional services . as specifically described in Attachment)
and/or
[an additiona l one y ear's performance period at the (cost) (price ) spec ified in paragraph_.]
The maximum amount payable by the State in Paragraph _is (increased/decreased) by
($ amoun t of c h ange ) to a new total of ($ ). The first sentence in Paragraph_ is hereby
modified according ly .
State of Colorado :
Roy Romer, Governor
For the Execut ive Director
Co lorado Department of __ _
T itle
APPROVALS :
By :
For---~~~~~D~iv-is-io-n~ -------
FOR THE STATE CONTROLLER
Clifford W . Hall
By : .... S.,...ta..,..te__,,C,_o_n-tr_o,.,..lle_r_o_r~D,,_e_s..,..i g_n_e_e_
Page 10 of 10 pages
•
•
•
Colorado Department of Transportation
Contract Objective Plan
·.------------------------~
State Program : Public Ways I Contracting Agency : Englewood Pol ice Department
State Sub-Program : Transportation Safety 1 Project Coordinator. Director C . Olson
Problem Solution Plan : Police Traffic Services I Contract Period : Effective Date through September 30 , 1999
Project#:
Objective :
99-09 I HSP # 99-02 I Task# 21-0 2
To reduce traffic crashes by 10% at five high hazard locations , to respond in a proactive man n er to traffic concerns and
complaints arising from citizens and other entities within the community , to establish collaborative relationships with other
public and private persons/groups having impact or influence on traffic safety issues such as :h e Speed Watch
coord inator, the Neighborhood Watch coordinator, traffic engineering department , school hea ith and safety committee.
private citizens and businesses through September 30 , 1999.
Task
Activity# Activity Description
21-02 .1
21-02 .2
21-02.3
21-02.4
21-02.5
21-02 .6
On a quarterly basis . rev iew traffic crash , violation and citizen c omp laint data and se lec: fi ve high hazard locations
for selective traffic enforcement through September 30 , 1999 .
Deploy a three person traffic unit for a comprehensive traffic program inc!uding enforcement. education and
engineering to reduce crashes at the top five high hazard locations through Septembe r 30 , 1999.
Provide 80 hours of specialized training in the operation of police motorcy cles to five offi cers by March 1, 1999.
Purchase two fully equipped motorcycles and two laser speed measuri ng devices by Jan uary 1, 1999 .
Solicit and respond to community concerns or complaints regard ing traffic safety issues . analyze problems for
underlying causes and develop comprehensive long term solutions to these identified .:roblems through
September 30 , 1999. Attend a min imum of one community activity per month through September 30 . 1999.
Submit quarterly reports by January 20 . April 20 , July 20 and Oct ober 20 and a final re::::o rt and fina l cl aim for costs
incurred by Novembe r 15 , 1999 .
Pre v io us e ditio ns are o bsole te and may not be us ed. C DO T Fo rm # 1 106
7192
Atta chment A, page l of 3
Colorado Department of Transportation
Contract Evaluation Data
Project#".
Task
Activity
21-02 .1
21-02 .2
21-02 .3
21-02.4
21-02.5
21-02 .6
99-09 I HSP # 99-02
Evaluation Description
Provide a narrative description of the analysis used to select the
five high hazard locations for selective enforcement. Include
summary of crashes , violations/c itations and citizen complaints.
Provide a summary of hours worked by location , the number of
crashes at each target location , and the number and type of
citations written .
Provide a written evaluation of the motorcycle operator training .
Provide a capital equipment accountability form for the motorcycles
and the laser speed measuring devices.
Describe process and outcome of soliciting community concerns .
Describe process and outcome of problem analysis . Describe long
term solutions implemented and expected outcome . Describe the
community events attended, number of people reached , nature of
event, materials distributed , coordination with other traffic safety
programs or initiatives .
Provide quarterly reports . final report and claims as required . The
final report must include an assessment of impact on crashes .
I Task# 21 -02
Type of
Evaluation
Administrative
Performance
Performance
Administrative
Performance
Administrative
Report
Time Frame
Quarterly
Quarterly
Quarterly
First Quarter
Quarterly
Quarterly/F inal
Prev ious editions are obsolete and may not be used . COOT Form # l l 0 7
8/93
Attachment!:..__, page _2_ of_3_
J
~ .
COLORADO DEPARTMENT OF TRANSPORTATION
C·ONTRACT FINANCIAL BUDGET .: PROJECT# 99-09
BUOGETALLOCATIONFOR HSP# 99-02 TASK# 21-02
Cost category OT5($) Agency(S)
Personal Serv ices 60 ,828 145 ,002
Operating excenses 10 ,666 5,615
Travel expenses -0--0-
Contractua l Ser1 ices 2,000 -0-
Other 23 ,000 -0-
Totals 96 ,494 150 ,617
DISTRIBUTION OF ors FUNDS (BENEFIT OF ): STATE$ LOCAL $96.494
BUDGET ALLOCATION FOR HSP# TASK#
Cost category OTS(S) Agency($) I
Personal Serv ices I
Operating excenses I
.vel expe nses
Cap ital equ icr.-:e nt
Other
Totals
I DISTRIBUTION OF ors FUNDS (BENEFIT OF ): STATE s LOCAL$
BUDGET ALLOCATION FOR HSP# TASK#
Cost category OTS(S) Agency($)
Personal Se rvi ces
Operating exoenses
Trave l expenses
Cap ital equ ipment
Other
Totals
DISTRIBUTION OF ors FUNDS (BENEFIT OF ): STATE$ LOCAL$
• TOTAL BUDGET OTS($) Agency($)
$96,494 $150 ,617
Previous ed itions are obsolete and may not be used
Attach men t A , page --=3'--of 3
Total(S)
205 ,830
16 .28 1
-0-
2 ,000
23 ,000
247 ,11 1
Total($)
Total($)
Total($)
$247 ,11i
C':CT F?rm :1 1 ~~a
51i: