HomeMy WebLinkAbout20033048.tiff RESOLUTION
RE: APPROVE CONTRACT FOR 2004 LAW ENFORCEMENT ASSISTANCE FUND (LEAF)
GRANT AND AUTHORIZE CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,the Board has been presented with a Contract for the 2004 Law Enforcement
Assistance Fund (LEAF)Grant between the County of Weld,State of Colorado,by and through the
Board of County Commissioners of Weld County,on behalf of the Weld County Sheriffs Office,and
the Colorado Department of Transportation,Office of Transportation Safety,commencing upon full
execution of said contract,and ending December 31,2004,with further terms and conditions being
as stated in said contract, and
WHEREAS,after review,the Board deems it advisable to approve said contract,a copy of
which is attached hereto and incorporated herein by reference.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the Contract for the 2004 Law Enforcement Assistance Fund(LEAF)Grant
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Weld County Sheriff's Office, and the Colorado
Department of Transportation, Office of Transportation Safety, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said contract.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 3rd day of November, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
W COUNTY, CO OR DO
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Weld County Clerk to "'sue
Robert D. Masden, Pro-Tern
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BY:
Deputy Clerk to the B��V � EXCUSED
M. J. Geile /
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Willis H. Jerke�
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Date of signature:
2003-3048
SO0024
ac _' So 7/ -/9-o5
Project No. L-49-04
DEPARTMENT OR AGENCY NUMBER: HAA
CONTRACT ROUTING NUMBER: 04 HTS 00044
CONTRACT
THIS CONTRACT, made this /;I day of \\ _.C-£iw 1 , 2003 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") and
the County of Weld for the Weld County Sheriff's Office 1950 O Street Greeley, CO. 80631 (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 403, Appropriation Code 304, ORGN 9821, FEIN #846000813U and GBL#E 4S- LeLict
WHEREAS, required approval, clearance and coordination has been accomplished from and with
appropriate agencies; and
WHEREAS, the Legislature has created the Law Enforcement Assistance Fund (LEAF) for the
prevention of drunken driving (43-4-401 through 43-4-404, CRS, replacement edition); and
WHEREAS, LEAF has been established to provide funds to aid in the prevention of drunken driving
and the enforcement of laws pertaining to driving under the influence of alcohol and drugs; and
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 safety 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 coordinate efforts to prevent drunken driving and to enforce laws
pertaining to driving under the influence of alcohol and drugs within its jurisdiction; and
WHEREAS, the Contractor has available the technical ability to properly perform the project as
described in the Approved Application and to address the LEAF objectives of the Legislature; and
WHEREAS, this Contract 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 30-11-101,31-15-101
CRS or home rule charter, as applicable, and the attached resolution.
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' NOW THEREFORE, it is hereby agreed as follows:
1. The Contractor's Approved LEAF Application, the LEAF Contract Management Manual dated
February 1, 2000 and LEAF Application Guidelines, the State Highway Safety Rules at 2CCR
602-1, and Attachments A, B and C are incorporated herein by this reference as terms and
conditions of this contract. The Contractor acknowledges that it has received copies of the LEAF
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
B. LEAF Contract Management Manual and Guidelines; then
C. This Contract; then
D. Attachments A, B, C, in that order; then
E. Approved Application.
2. The Contractor shall carry out the program and shall perform the activities which are specifically
described in the Approved Application and are generally described in Attachment A (collectively, "the
project").
3. The Contractor shall submit quarterly reports to the State detailing the performance of this
Contract according to the reporting criteria described in Attachment B.
4. Project Funding Provisions. The total budget amount authorized by this Contract for the actual
costs of the project work is $37,000, as described in Attachment C. The State shall participate in the
payment as provided herein.
State's maximum (from LEAF) $37,000
TOTAL AMOUNT $37,000
The State shall use LEAF funds exclusively to pay for the actual costs incurred by the
Contractor for the project work up to the State's maximum. If the Contractor incurs project costs
which exceed the Attachment C budget amount without first obtaining an approval in that amount by
written contract amendment, the Contractor shall be solely responsible for the payment of such
excess costs.
The State budget amount will be provided solely from LEAF funds. Any obligation of the State
under this Contract is contingent upon LEAF funds being available for this Contract. The State will
pay the Contractor for actual costs incurred on a quarterly basis, subject to prior 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.
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 terminate on
December 31, 2004.
6. The Contractor agrees that any subcontracts entered into by the Contractor under this Contract
must meet all applicable State and Federal requirements and must be approved by the Office of
Transportation Safety prior to execution by the Contractor.
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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 Con-
tractor expressly understands and agrees that all its rights, demands and claims to compensation
arising under this Contract are contingent upon receipt of such funds by the State. In the event that
such funds or any part thereof are not received by the State, the State may immediately terminate
this Contract.
b) Termination for Cause. If, through any cause, the Contractor shall fail to fulfill in a timely and
proper manner the obligations under this Contract, or shall violate any of the covenants, agreements
or stipulations of this Contract, the State shall thereupon have the right to terminate this Contract for
cause by giving written notice to the Contractor 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 just and equitable
compensation for any satisfactory work completed on such documents and other materials.
Notwithstanding the above, the Contractor shall not be relieved of liability to the State for any
damages sustained by the State party by virtue of a breach of the Contract by the Contractor, and the
State may withhold any payments to the Contractor for the purpose of setoff until such time as the
exact amount of damages due the State from the Contractor is determined.
c) Termination for Convenience. The State may terminate this Contract at any time that it
determines that the purpose of the distribution of monies under the Contract would no longer be
served by completion of the Project. The State shall effect such termination by giving written notice
of termination to the Contractor and specifying the effective 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 State, which
approves this Contract 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, or shall be
deemed to be, an agent or employee of the state, and they shall have no authorization, express or
implied, to bind the state to any agreements, settlements, liability, or understanding except as
expressly set forth herein. The contractor shall be responsible to the state for the ultimate results of
performance required hereunder but shall not be subject to the direction and control of the state as to
the means and methods of accomplishing the results. The specifications in this contract of particular
performance standards the state deems essential to proper performance and contract value shall in
no event be deemed to alter this relationship. Contractor shall pay when due all required
employment taxes and income tax withholding, including all federal and state income tax on any
moneys paid pursuant to this grant contract.
The 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. The contractor
acknowledges that contractor and its employees are not entitled to the benefits of worker's
compensation insurance or unemployment insurance unless the contractor or a third party provides
such coverage and that the state does not pay for or otherwise provide such coverage.
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SPECIAL PROVISIONS
(For Use Only with Inter-Governmental Contracts)
1. CONTROLLER'S APPROVAL. CRS 24-30-202(1)
This contract shall not be deemed valid until it has been approved by the Controller of the State of Colorado or such assistant as he may designate.
2. FUND AVAILABILITY. CRS 24-30.202(5.5)
Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated,
budgeted,and otherwise made available.
3. INDEMNIFICATION.
To the extent authorized by law,the contractor shall indemnify,save,and hold harmless the State against any and all claims,damages,liability
and court awards including costs,expenses,and attorney fees incurred as a result of any act or omission by the Contractor,or its employees,
agents,subcontractors,or assignees pursuant to the terms of this contract.
No term or condition of this contract shall be construed or interpreted as a waiver,express or implied,of any of the immunities,rights,benefits,
protection,or other provisions for the parties,of the Colorado Governmental Immunity Act,CRS 24-10-101 et seq. or the Federal Tort Claims
Act,28 U.S.C.2671 a seq. as applicable,as now or hereafter amended.
4. INDEPENDENT CONTRACTOR. 4 CCR 801-2
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 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 BY THE STATE PURSUANT TO
THIS CONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE
BENEFITS UNLESS THE CONTRACTOR OR 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 HEREIN. CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE WORKERS' COMPENSATION(AND
PROVIDE PROOF OF SUCH INSURANCE WHEN REQUESTED BY THE STATE)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.
5. NON-DISCRIMINATION.
The contractor agrees to comply with the letter and the spirit of all applicable state and federal laws respecting discrimination and unfair employment
practices.
6. CHOICE OF LAW.
The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation,execution,and enforcement
of this contract. Any provision of this contract,whether or not incorporated herein by reference,which provides for arbitration by any extra judicial
body or person or which is otherwise in conflict with said laws,rules,and regulations shall be considered null and void. Nothing contained in any
provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or
enforceable or available in any action at law whether by way of complaint,defense,or otherwise. Any provision rendered null and void by the
operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution.
At all times during the performance of this contract,the Contractor shall strictly adhere to all applicable federal and state laws,rules,and
regulations that have been or may hereafter be established.
7. Software Piracy Prohibition Governor's Executive Order
No State or other public funds payable under this Contract shall be used for the acquisition,operation or maintenance of computer software
in violation of United States copyright laws or applicable licensing restrictions. The Contractor hereby certifies that,for the term of this
Contract and any extensions,the Contractor has in place appropriate systems and controls to prevent such improper use of public funds. If
the State determines that the Contractor is in violation of this paragraph,the State may exercise any remedy available at law or equity or
under this Contract,including,without limitation,immediate termination of the Contract and any remedy consistent with United States
copyright laws or applicable licensing restrictions.
8. EMPLOYEE FINANCIAL INTEREST. CRS 24-18.201 &CRS 24-50-507
The signatories aver that to their knowledge,no employee of the State of Colorado has any personal or beneficial interest whatsoever in the
service or property described herein.
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THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
CONTRACTOR: STATE OF COLORADO:
BILL OWENS,GOVERNOR
Weld County By Cn n . 5...,&c-_...--
Legal Name of Contracting Entity &Tom 0 Norton
Executive Director
Colorado Department of Transportation
84-6000-813
&,..),1,
SociallSecurity Number or FEIN
`((� . 4 ���� LEGAL REVIEW:
Signature of Authorized Officer
�� KEN SALAZAR,ATTORNEY GENERAL
David E. Long, Chair By WAIVED4-17-98
Print Name&Title of Authorized Officer
11/03/2003
APPR AS TO FORM:
(An attestation is required.) ` IS 11,,,e)
Attest(Seal)By - �� / .../ 1861 (( �_•, �r�r 6. .at/ei
f:Fornintrin/County Clerk) -r N{`�� 17 Deputy Clerk to the Board
CRS 24-30-202 requires that the State Controller a 1�1��� r -\.n #s. This contract is not valid until the State Controller,or such
assistant as he may delegate,has signed it. The contra :, `. �ya ized to begin performance until the contract is signed and dated
below. If performance begins prior to the date below, the tate o Colorado may not be obligated to pay for the goods and/or services
provided.
STATE CONTROLLER:
ARTHUR L. BARNHART
By Ar
GEORGE CCULLAR,CDOT CONTROLLER
Date & &Oz t 1), 5
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COLORADO DEPARTMENT OF TRANSPORTATION -4I>
LEAF CONTRACT ATTACHMENT A
LEAF OBJECTIVE PLAN
LEAF project#L-49-04 Responsible Agency Weld county Sheriff's Office
Contract Period 1-1-04 through 12-31-04 Project Coordinator David Tuttle
LEAF Objective:
L-49-04:To increase and improve the enforcement of the laws pertaining to alcohol and drug related
traffic offenses within the by performing dedicated DUI enforcement and activities described in the
Approved Application and summarized below.
Activity# Activity Description
1 Provide officers through out the term of this contract to perform dedicated DUI/DRE
enforcement duties and activities within the County of Weldas stated in the Approved
Application.
2 Conduct at least two sobriety checkpoints or saturation patrols during 2004. This can
be in cooperation with a nearby agency, the State Patrol or solely by the Weld County
Sheriff's Office
3 The Weld County Sheriff's Office will be actively involved in CDOT's DUI enforcement
public awareness campaign by participating in the joint efforts. This includes, but not
limited to, obtaining media interviews and media outreach, hosting media ride alongs
and similar activities. The Weld County Sheriff's Office will report back the requested
data to CDOT by the specified times.
4 Make all reasonable efforts to increase the DUI alcohol and drug related arrests
within Weld County Sheriff's Office from the 2003 level.
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COLORADO DEPARTMENT OF TRANSPORTATION
LEAF CONTRACT ATTACHMENT B
LEAF REPORTING CRITERIA
LEAF Project# L-49-04- Weld County Sheriff's Office
1). Each quarter the Contractor shall submit a report to the Office of Transportation Safety in
accordance with the LEAF Contract Management Manual. The Quarterly Reports will state all activity
accomplishments as required by Contract Number L-49-04L-49-04 during the reporting period. The
Weld County Sheriff's Office will use the provided LEAF Grant Manager software package when
compiling data and submitting the required reports. All recipients are required to use the software so
the Colorado Department of Transportation can better manage the statewide LEAF program.
2). No payment for cost incurred during the reporting period will be reimbursed by the Office of
Transportation Safety if such Quarterly Reports are not current or are not compiled using the LEAF
Grant Manager software program.
3). Upon completion of all LEAF activity the Weld County Sheriff's Office will submit a Final Report in
accordance with the LEAF Contract Management Manual.
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COLORADO DEPARTMENT OF TRANSPORTATION
LEAF CONTRACT ATTACHMENT C
LEAF Project# L49-04-Weld County Sheriff's Office
REVENUES
TOTAL LEAF Funds
37,000
EXPENSES
Category LEAF Funds
Personal Services $37,000
Operating expenses $
Capital equipment $
Travel expenses $
TOTAL $37,000
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OFFICE OF THE SHERIFF
JOHN OOKE
October 31, 2003
Chairman Dave Long, Chair
Board of Weld County Commissioners
915 10"' Street
Greeley, Co. 80631
Dear Sir:
I have attached a resolution for the LEAF grant and three copies of a contract that need to be
approved by the Board of Commissioners. The resolution and three contracts need to be signed
and returned to CDOT by December ls`2003. I have also attached the letter I received from
Lanney Holmes.
The Board approved our request for these funds the first week in September this year. We have
been awarded $37,000 and simply need to sign and return the contracts. In the past they have
requested that all signatures be in blue ink so they can differentiate between originals and copies.
I thank you and the other members of the Board for you attention to this matter.
Sincerely,
44,4O/_,
David K. Tuttle
Commander
Traffic Division
Greeley Office Fort Lupton Sub Station Southwest Complex North Jail Complex
1950"O"Street 330 Park Avenue 4209 WCR 24 '/z 2110"O"Street
Greeley, CO 80631 Fort Lupton, CO 80621 Longmont, CO 80504 Greeley, CO 80631
Phone(970)356-4015 Phone(303)857-2465 Phone(720)652-4215 Phone(970)356-4015 x3922
Fax(970)304-6467 Fax(303) 857-3027 Fax(720) 652-4217 Fax(970)304-F4 1
2003-3048
DEPARTMENT OF TRANSPORTATION
Office of Transportation Safety
4201 East Arkansas Avenue
Denver,Colorado 80222-3400
(303)757-9462
(303)757-9067(fax)
L-49-04
October 16, 2003
David Tuttle %'��1 �� 2� �i ,
Weld County Sheriffs Office
1950 O Street 2 '' I \ -
Greeley, CO. 80631
Dear Tuttle:
Congratulations, Weld County Sheriffs Office has been selected to receive LEAF grant monies in
the total of $ 37,000 for 2004. Please refer to the budget section of the LEAF contract to see
what was funded. Attached you will find three copies of your 2004 Law Enforcement Assistance
Fund(LEAF)contract for signature. Do not date the first page of the contract. This is done by
CDOT. The signature page is page 5. You must get the signature of the Authorized Official and
have the form attested to by the City/County Clerk, with the appropriate seal. Absent this, the
contracts will not be processed. The State of Colorado requires your appropriate authority to
adopt a formal resolution that approves the terms of the contract and delegates to a specific
individual the authority to sign the contract on behalf of the Weld County Sheriffs Office. I have
enclosed a sample as a guide.
Please return all three signed contracts and your resolution to the Office of Transportation
Safety by December 1,2003.
After our office completes the signing process, the County of Weld will receive one of the
originals. We will again be conducting a 2004 LEAF Pre-work Managers' Conference to
go over the contract requirements and give the representative from the Weld County
Sheriffs Office their copy. The meeting is being held at the 4 Points Barcelo Sheraton
on December 11, 2003. The conference will begin at 8am and end at 1pm. The
address is 1475 S. Colorado Blvd. Denver CO, 80222. Parking is available at this
facility. You will be given a fully executed copy of your contract at this meeting. This is a
mandatory meeting,as we will be discussing the entire program requirements, the data
collection program, and reimbursement procedures under your 2004 LEAF contract.
Using the LEAF reporting program (software) is one of the conditions of your contract;
therefore we are asking that the person who will be managing the day-to-day activities of
the project plan to attend. The software will be provided prior to January 1 and Brad
Wiesley, of Brad Wiesley and Associates the software developer, is available to provide
assistance. There will be a press conference at 11:00am, so please attend this
meeting in uniform. This media event is to announce the 2004 LEAF recipients.
If you have any questions you may contact me at (303) 757-9462.
Lanney Holmes
ctatr T FAF AAminictratOr
Attachments
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