TC Res. No. 2003-06TOWN OF AVON, COLORADO
RESOLUTION NO. 03-06
SERIES OF 2003
A RESOLUTION APPROVING THE LAW ENFORCEMENT ASSISTANCE FUND
(LEAF) CONTRACT #L-0503
WHEREAS, the Town of Avon, on behalf of the Avon Police Department, has submitted an
application to the Colorado Department of Transportation, Office of Transportation Safety for
funding for a LEAF project for the enforcement of laws pertaining to the driving under the
influence of alcohol or drugs, pursuant to 43-4-401 through 404, CRS and to LEAF Rules at
2CCR602.1; and
WHEREAS, the State has approved an application and has prepared LEAF
Contract which provides $12,00.00; and
WHEREAS, the Town of Avon has the authority. and responsibility to fund the
Avon Police Department and to sign contacts on behalf of the Avon Police Department; and
WHEREAS, a resolution ' by the Town of Avon formally approving the LEAF
Contract and authorizing the proper signature to be affixed to the Contract indicating such
approval is required by the State of Colorado.
NOW, THERE BE IT RESOLVED, the Town of Avon hereby approves the
term, conditions, and obligations of LEAF Contract and hereby authorizes the appropriate
authority to sign the LEAF Contract on behalf of the Town of Avon.
ADOPTED THIS 14TH DAY OF JANUARY 2003.
ra~~1 OF
SEAL
TOWN COUNCIL
TOWN OF-AVON, COLORADO
Albert D. Reynolds, Xyor
Attest:
' (c
Patty cK ~nny, T Clerk
MEMORANDUM
DEPARTMENT OF TRANSPORTATION
HO Safety and Traffic Engineering Branch O
Safety Engineering and Analysis Group
4201 East Arkansas Ave., EP700
Denver, CO 80222 IAP.VIIMLYIaa'Ix\uSwlllt,\IIU.
303.512.5100 Phone
303.757.9219 Fax
TO: Officer Robert Gallen, Avon police Department
FROM: Lanney Holmes, State LEAF Administrator
SUBJECT: 2003 LEAF
DATE: December 18, 2002
Enclosed is a fully executed copy of your 2003 LEAF contract. Please secure this copy in your
files for reference. You are now able to begin utilizing the grant beginning January 13% 2003.
If you have any questions regarding the contract and its stipulations, please call me at 303-757-
9462.
Lanney Holmes
State LEAF Administrator
Project # L-05-03
DEPARTMENT OR AGENCY NUMBER: HAA
CONTRACT ROUTING NUMBER: 03 HTS 00017
CONTRACT
THIS CONTRACT, Made this - day of 200-L, 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 Avon for the Avon police Department 400 Benchmark Rd.: PO -Box 935 Avon;, CO 81620
(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 9813, FEIN #84-0771088 and GBL# LE05;
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.
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. Proiect Funding Provisions. The total budget amount authorized by this Contract for the actual
costs of the project work is $12,000, as described in Attachment C. The State shall participate in the
payment as provided herein.
State's maximum (from LEAF) $12,000
TOTAL AMOUNT $120000
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 begin January 1,
2003, and shall terminate on December 31, 2003.
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 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 tolerminate 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 apart of this Contract.
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. INDENNIFICATION. .
Indemnity: 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 terns 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, Section 24-10-101 et seq. C.R.S. or the Federal Tort Claims Act, 28 U.S.C. 2671 et 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 PORTH 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 LAN.
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. 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.
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
CONTRACTOR:
Avon police Department
Legal Name of Contracting Entity
STATE OF COLORADO:
BELL OWENS, GOVERNOR
By
do~
Tom E. Norton
Executi ve Director
Colorado Department of Transportation
84-0771088
Social Security
Authorized Officer
t Name & Title of Authorized cer
LEGAL REVIEW:
KEN SALAZAR, ATTORNEY GENERAL
By WAIVED 4-17-98 -
APPROVED AS TO FORM: r jE-A
(An attestation is required.) Attest (Seal) By „bl ~c
(T ity/County CI C
CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not valid until the State Controller, or such
assistant as he may delegate, has signed it. The contractor is not authorized to begin performance until the contract is signed and dated
below. If performance begins prior to the date below, the State of Colorado may not be obligated to pay for the goods and/Or services
provided.
STATE CONTROLLER:
ARTHUR L. BARNHART
By
GEORGE MCCULLAR, MOT CONTROLLER
Date ~S e w•b4 ti ,2.3; U d~
COLORADO DEPARTMENT OF TRANSPORTATION
LEAF - CONTRACT ATTACMMNT A
Coordinator
L.70-,03: 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.
1 Provide officers throughout the term of this contract to perform dedicated DUVDRE
enforcement duties and-activities within the City.of Avon as stated in the Approved
Application.
2 Conduct at least two sobriety checkpoints or saturation patrols during 2003. ' This-can
be in cooperation with a nearby agency, the State Patrol or solely by the Avon -police
Department
3 The Avon police Department will be actively involved in CDOTs 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 Avon police Department will report back the requested
data to CDOT by the specified times.
4 I Make all reasonable efforts to increase the DUI alcohol and drug related arrests
within Avon police Department from the 2002 level.
"OLORADO DEPARTMENT OF TRANSPORTATION
LEAF CONTRACT ATTACMMNT E
LEAF REPORTING CRITERIA
LEAF
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-05-03 during the reporting period. The Avon
police Department 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 Avon police Department will submit a Final Report in
accordance with the LEAF Contract Management Manual.
,COLORADO DEPARTMENT OF TRANSPORTATION
LEAF CONTRACT ATTACfIIMNT C
LEAF Project # L-05-03- Avon police Department
REVENUES
TOTAL LEAF Funds
12,000
FYDRNCFS
Category
LEAF Funds
Personal Services
$12,000
Operating expenses
$
Capital equipment
$
Travel expenses
$
TOTAL
$12,000
MEMORANDUM
To: Honorable Mayor and Council
Thru: Larry Brooks, Town Manager
From: Jeff Layman, Chief of Police
Date: January 9, 2003
Re: Law Enforcement Assistance Fund (LEAF) Grant
Summary: In order to better protect and serve the guests and citizens of Avon, the Avon
Police Department once again applied for this grant. Its purpose is 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. Last month, the Avon Police Department was awarded a $12,000
LEAF grant by the Colorado Department of Transportation, Office of Transportation Safety.
This resolution acknowledges the purposes for and accepts the grant.
Discussion: The Avon Police Department operated a number of DUI saturation patrols during
2002 under this grant. These patrols generally consist of one overtime police officer working
from approximately 10 o'clock P.M. to 3 o'clock A.M. The department is required to dedicate
this officer to DUI enforcement. Under the terms of the grant, the officer is allowed to support
other officers in emergency situations, but cannot be dispatched to routine calls.
In 2002, the program increased DUI arrests, over 2001, from 73 to 84. We were also given
permission to use leftover funds to purchase four portable breath-testing devices (PBT).
In 2003, we plan to increase our prevention efforts by using the grant to fund public education
seminars at Battle Mountain High School and at the time-share orientation talks given each week
at the Christie Lodge.
Financial Implications: The Town will realize $12,000 in grant revenue and spend it on
the personnel costs associated with this program. It is revenue neutral.
Recommendation: The staff recommends acceptance of this grant.
Alternatives: Rejecting the grant will result in less DUI enforcement. Less time will be spent
in DUI education and enforcement activities.
Town Manager Comments:
I _20~e~L
TOWN OF AVON, COLORADO
RESOLUTION NO. 03-06
SERIES OF 2003
A RESOLUTION APPROVING THE LAW ENFORCEMENT ASSISTANCE FUND
(LEAF) CONTRACT #L-0503
WHEREAS, the Town of Avon, on behalf of the Avon Police Department, has submitted an
application to the Colorado Department of Transportation, Office of Transportation Safety for
funding for a LEAF project for the enforcement of laws pertaining to the driving under the
influence of alcohol or drugs, pursuant to 43-4-401 through 404, CRS and to LEAF Rules at
2CCR602.1; and
WHEREAS, the State has approved an application and has prepared LEAF
Contract which provides $12,00.00; and
WHEREAS, the Town of Avon has the authority and responsibility to fund the
Avon Police Department and to sign contacts on behalf of the Avon Police Department; and
WHEREAS, a resolution by the
Contract and authorizing the proper signature
approval is required by the State of Colorado.
Town of Avon formally approving the LEAF
to be affixed to the Contract indicating such
NOW, THERE BE IT RESOLVED, the Town of Avon hereby approves the
term, conditions, and obligations of LEAF Contract and hereby authorizes the appropriate
authority to sign the LEAF Contract on behalf of the Town of Avon.
ADOPTED THIS 14TH DAY OF JANUARY 2003.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Albert D. Reynolds, Mayor
Attest:
Patty McKenny, Town Clerk