RESOLUTION #66-97

 A RESOLUTION APPROVING THE LAW ENFORCEMENT ASSISTANCE

 FUND (LEAF) CONTRACT # L-19-98

WHEREAS, the City of Grand Junction, on behalf of the Grand Junction Police Department, has submitted an application to the Colorado Department of Transpor­tation, Office of Transportation Safety for funding a LEAF project for the prevention of drunken driving and the enforcement of laws pertaining to the driving under the influence of alcohol or other drugs, pursuant to '43-4-401 through 404, CRS and to LEAF Rules at 2CCR 602.1; and

WHEREAS, the State has approved the application and has prepared LEAF Contract which requires the to provide certain matching funds for this project; and

WHEREAS, the City of Grand Junction has the authority and responsi­bility to fund the Grand Junction Police Department and to sign contracts on behalf of the Grand Junction Police Department; and

WHEREAS, LEAF Contract L-19-98 requires the local agency to provide matching funds in the amount of $21,578.00, has been presented to the City of Grand Junction for approval; and

WHEREAS, a resolution by the City of Grand Junction formally approv­ing the LEAF Contract, obligating the required local match funds, and authorizing the proper signature to be affixed to the Con­tract indicating such approval is required by the State of Colo­rado.

NOW, THEREFORE, BE IT RESOLVED, the City of Grand Junction hereby approves the term, conditions and obligations of LEAF Contract, obligates sufficient local funds to satisfy the local funding requirements of the Contract, and hereby authorizes the appropriate authority to sign the LEAF Contract on behalf of the City of Grand Junction.

(SEAL)    /s/ Janet L. Terry      

   Name

/s/ Stephanie Nye    President of the Council    

Attest      Title

City Clerk    

Title

DEPARTMENT OR AGENCY NUMBER: L-19-98

  CONTRACT ROUTING NUMBER: 98HTS01026

CONTRACT

THIS CONTRACT, Made this 2nd day of December, 1997, 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 City of Grand Junction, for the Grand Junction Police Department, 625 Ute Avenue, Grand Junction, CO 81504 (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 9841, Contract Encumbrance Number 9586, FEIN#846000592G and GBL #17LF;

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.

Page 1 of 7 pages

NOW THEREFORE, it is hereby agreed as follows:

1.  The Contractor's Approved LEAF Application, the LEAF Contract Management Manual dated August 1, 1992 and LEAF Application Guidelines dated July, 1992, 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 $44,578, as described in Attachment C. The State and the Contractor shall participate in the payment of this total budget amount, as provided herein.

 A  State's maximum (from LEAF)  $23,000  52(%)

 B.  Contractor's share  $21,578 48(%)

 TOTAL AMOUNT $44,578  (100%)

The State shall use LEAF funds exclusively to pay for 52% of the actual costs incurred by the Contractor for the project work up to the State's maximum share amount of $23,000 (52% of $44,578). Provid­ed, however, that the State's maximum share shall not exceed the amount of $23,000 for any reason, including if the Contractor voluntarily pays more than the minimum match amount required of the Contractor under this con­tract, unless this contract is supplemented in writing to that effect prior to the incurring of any cost in excess of the total budget amount.

The Contractor shall provide a minimum match share of $21,578 (48% of $44,578), either in payment of actual costs incurred for the project work or in the performance of in-kind services on the project, which reimbursement be directly related to the enforcement of laws pertaining to driving under the influence of alcohol or other drugs.

Page 2 of 7 pages

It is anticipated that the Contractor may voluntarily provide either payment of actual costs or in-kind services exceeding its minimum match requirement in order to estab­lish the project on a permanent basis, provided that it is expressly under­stood that any such voluntary payment or services shall not increase the State's maximum share under this contract.

In addition, if the Contractor fails to provide the total amount of its minimum match share the State's obligation to pay its percentage share shall be reduced in direct propor­tion to the extent of such failure, so that the State's obligation will be reduced $52 for each $48 (52%-48%) the Contractor fails to provide. Upon notice from the State, the Contractor shall repay the State any amount that was paid by the State and that a subsequent audit determines the Contractor exceeded the State's percentage of obligation under this contact.

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 share of the total budget amount will be provided solely from LEAF funds. Any obligation of the State under this Contract is contingent both upon LEAF funds being available for this Con­tract and upon the Contractor providing its minimum share.

The State will pay the Contractor for the State's share of actual costs incurred on a monthly or 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.

The obligation of the Contractor for all or any part of the payment obligations set out herein shall only extend to monies duly and lawfully appropriated for the purpose of this Contract by the Governing Body of the Contractor. The Contractor hereby represents and warrants that the monies to pay for the Contractor's obligations described herein have already been legally appropriated by the Governing Body for the purpose of this Contract.

5. The effective date of this contract shall be the date the Control­ler of the State of Colorado approves this contract, or such later date specified herein. The Contract shall begin January 1, 1998, and shall terminate on December 31, 1998.

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.

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 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 or Contractor may immediately terminate this Contract.

Page 3 of 7 Pages

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 stipulations 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 just and equitable compensation for any satisfactory work completed on such documents and other materials.

Notwithstanding the above, the breaching party shall not be re­lieved of liability to the non-breaching party for any damages sustained by 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 setoff until such time as the exact amount of damages due the State from the Contractor is determined, if the Contractor is a breaching party.

c) Termination for Convenience. Either party 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. Such party shall effect such termination by giving written notice of termination to the other party 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, obligates the neces­sary local monies to pay for its share of costs or in-kind services and authorizes a signatory to execute this Contract. A copy of such resolution shall be attached to and made a part of this Contract.

9. The Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither the Contractor nor any agent or employee of the Contractor shall be deemed to be an agent or employee of the State. The Contractor shall pay, when due, all required employment taxes and compensation (and show proof of such insurance) and unemployment compensation insurance in the amounts required by law, and shall be solely responsible for the acts of the Contractor, its employees and agents.

10. The Special Provisions are attached hereto and hereby made a part hereof as terms and conditions of this contract.

11. Pursuant to CRS 24-30-202.4 (as amended), the state controller may withhold debts owed to state agencies under the vendor offset intercept system for: (a) unpaid child support debt or child support arrearages; (b) unpaid balance of tax, accrued interest, or other charges specified in Article 22, Title 39, CRS: 8 unpaid loans due to the student loan division of the department of higher education; (d) owed amounts required to be paid to the unemployment compensation fund; and (e) other unpaid debts owing to the state or any agency thereof; the amount of which is found to be owing as a result of final agency determination or reduced to judgment as certified by the controller.

Page 4 of 7 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.

STATE OF COLORADO

«CITYCOUNTY»  ROY ROMER, GOVERNOR

Contractor: /s/ Janet L. Terry

Position: Mayor/Commissioner

By ________________________________

GUILLERMO V. VIDAL

Contractor: /s/ Gary D. Konzak  Executive Director

Position: Chief/Sheriff  Department of Transportation

By /s/ Matthew Reay______________

APPROVED AS TO FORM:  MATTHEW REAY

Branch Manager

/s/ Daniel E. Wilson  Transportation Safety &

City of Grand Junction  Traffic Engineering Branch

Attorney

ATTEST  ATTEST

/s/ Stephanie Nye  __________________________________

City of Grand Junction  Chief Clerk

Clerk  Department of Transportation

APPROVALS

CLIFFORD W. HALL  GALE NORTON

State Controller  Attorney General

By____________________________  By /s/ Barry B. Ryan_________________

GEORGE MCCULLAR, Controller  BARRY B. RYAN

Department of Transportation  Assistant Attorney General

Civil Litigation Section

Page 5 of 7 Pages

COLORADO DEPARTMENT OF TRANSPORTATION LEAF CONTRACT ATTACHMENT A

LEAF CONTRACT ATTACHMENT A

LEAF OBJECTIVE PLAN

CDOT Form #1093 11/92

LEAF REPORTING CRITERIA

CDOT Form #1093 11/92

EXPENSES

CDOT Form #1093 11/92