01-01-2006 STATE OF COLORADO DEPT OF TRANSPORTATION LEAF FUNDING PROJECT NO. L06-05 FOR THE PREVENTION OF DRUNKEN DRIVINGProject No.1-06-05
DEPARTMENT OR AGENCY NUMBER: HAA
CONTRACT ROUTING NUMBER: 06HTS00011
V , CONTRACT
THIS CONTRACT, Made this day of J~ 20 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 Town of Avon, Avon Police Department (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 9849, FEIN# 84-0771088 and GBL
# 05LF;
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
October 31, 2003 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 L06-05, as described in Attachment C. The State shall participate in the
payment as provided herein.
State's maximum (from LEAF) $10,000.00
TOTAL AMOUNT $10,000.00
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.
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All of the funds provided by the State to the Contractor must be spent by the last day of the
calendar year 2006.
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, 2006.
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 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.
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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.
10. 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.
11. This Contract constitutes the entire agreement between the parties pertaining to the subject
matter contained herein, and supersedes all prior agreements, representations and understandings of
the parties. No modification of this Contract shall be binding unless in writing and signed by the
parties to this Contract.
12. Options: Additional Services/Performance Extension
The State may require continued performance for a period not to exceed three years. The State may
exercise the option by written notice to the Contractor within 30 days prior to the end of the current
contract term in a form substantially equivalent to Exhibit 1.
"If the State exercises this option, the extended contract will be considered to include this option
provision. The total duration of this contract, including the exercise of any options under this clause,
shall not exceed three years."
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SPECIAL PROVISIONS
(For Use Only with Inter-Governmental Contracts)
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.
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.
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 et seq. as applicable, as now or hereafter amended.
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 parry 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.
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.
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.
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.
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
Avon Police Department
Legal Name of Contracting Entity
By Tom E. No,rtcT Exed"utive Director
Colorado Department of Transportation
84-0771088
Social Security Number or FEIN
Signature of Authorized Officer
Sgt. Stephen Hodges
Print Name & Title of Authorized Officer
APPROVED AS TO FORM:
John Dunp, Towp Attorney
LEGAL REVIEW:
JOHN W. SLITHERS, Attorney General
ATTORNEY GENERAL
By WAIVED 4-17-98
,a
(An attestation is re uired.)
r ,St `
Attest (Seal) By Nc-
(To n/Cit County Cler)
CRS 24-30-202 re uires that the State ` ~L" ' y t 4;
q ler appr~vallaState Contracts. This Contract is not valid until the State
Controller, or such assistant as he may delegate, has signed5it-73SThe 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:
LESLIE M. SHENEFELT
By
GEORG MCCULLAR, CDOT CONTROLLER
Date
v
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COLORADO DEPARTMENT OF TRANSPORTATION
LEAF CONTRACT ATTACHMENT A
LEAF OBJECTIVE PLAN
LEAF Project # L06-05
Responsible Agency Avon Police Department
Contract Period 1-1-06 through 12-31-06
Project Coordinator Officer Stephen Hodges
LEAF Objective:
FL01-51: To increase and improve the enforcement of the laws pertaining to alcohol and drug related
traffic offenses within the L06-05 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 Town of Avon as Stated in the Approved
Application.
2
Conduct at least two sobriety checkpoints or saturation patrols during 2006. 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 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 Avon Police Department will report back the requested
data to CDOT by the specified times.
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Make all reasonable efforts to increase the DUI and arrests by 10% within the Town of
Avon from the 2005 level.
COLORADO DEPARTMENT OF TRANSPORTATION
LEAF CONTRACT ATTACHMENT B
LEAF REPORTING CRITERIA
LEAF Project # L06-05 Avon Police Department
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 05LF during the reporting period. 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.
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COLORADO DEPARTMENT OF TRANSPORTATION
LEAF CONTRACT ATTACHMENT C
LEAF Project L06-05 Avon Police Department
REVENUES
TOTAL LEAF Funds
Personal Services: $10,000.00
Category
LEAF Funds
Personal Services
$10,000.00
Operating expenses
Capital equipment
Travel expenses
TOTAL
$10,000.00