HomeMy WebLinkAboutC80-002 Department of Highways, Division of Colorado State PatrolV I ME DEC 15 1980 [5E276')115;T0000 R AGENCY NUMBERR I CONTRACT ROUTING NUMBER 009611-1-73 CONTRACT THIS CONTRACT, made this day of ��L' �62I L-' i'- 194� by and between the -' State of Colorado for the use and benefit of THE STATE DEPARTMENT OF HIGHWAYS DIVISION OF COLORADO STATE PATROL hereinafter referred to as the State, and EAGLE COUNTY 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 2 0 01 G/L Account Number 5 2 0 4 6 , Contract Encumbrance Number ; and WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, it is the desire of the parties that the State provide full time radio dispatching services to more efficiently discharge the duties of the law enforcement agencies of the Local Agency and the State; and WHEREAS, the State cannot provide such services with the present staffing of 5 dispatchers and one senior dispatcher located at the Eagle Troop Office of the Colorado State Patrol (hereinafter re- ferred to as CSP) located in Highway Department Building No. G-44-002-01 in Eagle; and WHEREAS, the Local Agency is willing to reimburse the expense of an ad4itional dispatcher in order to receive the desired dis- patching services; and WHEREAS, all expenses of an additional dispatcher shall be paid by the Chief of the CSP in the same manner as other employees of said CSP are paid; and WHEREAS, this contract is entered into pursuant to the pro- - visions of Section 43-1-106, C.R.S., 1973, as amended. NOW, THEREFORE, it is hereby agreed: 1. Commencing January 1, 1981, the State shall commence providing full time radio dispatching services as recited above. 2. By January 1, 1981, the State shall have selected, hired, and put on regular duty one additional radio dispatcher at or below Colorado State Personnel Board Grade 46, Step 7. 11 m& V I ME DEC 15 1980 [5E276')115;T0000 R AGENCY NUMBERR I CONTRACT ROUTING NUMBER 009611-1-73 CONTRACT THIS CONTRACT, made this day of ��L' �62I L-' i'- 194� by and between the -' State of Colorado for the use and benefit of THE STATE DEPARTMENT OF HIGHWAYS DIVISION OF COLORADO STATE PATROL hereinafter referred to as the State, and EAGLE COUNTY 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 2 0 01 G/L Account Number 5 2 0 4 6 , Contract Encumbrance Number ; and WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, it is the desire of the parties that the State provide full time radio dispatching services to more efficiently discharge the duties of the law enforcement agencies of the Local Agency and the State; and WHEREAS, the State cannot provide such services with the present staffing of 5 dispatchers and one senior dispatcher located at the Eagle Troop Office of the Colorado State Patrol (hereinafter re- ferred to as CSP) located in Highway Department Building No. G-44-002-01 in Eagle; and WHEREAS, the Local Agency is willing to reimburse the expense of an ad4itional dispatcher in order to receive the desired dis- patching services; and WHEREAS, all expenses of an additional dispatcher shall be paid by the Chief of the CSP in the same manner as other employees of said CSP are paid; and WHEREAS, this contract is entered into pursuant to the pro- - visions of Section 43-1-106, C.R.S., 1973, as amended. NOW, THEREFORE, it is hereby agreed: 1. Commencing January 1, 1981, the State shall commence providing full time radio dispatching services as recited above. 2. By January 1, 1981, the State shall have selected, hired, and put on regular duty one additional radio dispatcher at or below Colorado State Personnel Board Grade 46, Step 7. 11 5. The hiring of any additional dispatch personnel which is necessitated completely or in part by the additional workload generated by the Local Agency traffic shall be the subject of a separate or supplemental agreement. 6. The term of this contract shall be for ten (10) years from date of execution by all required parties. Financial obligations of the Local Agency -2- 3. The State shall bill the Local Agency monthly for the additional dispatcher's salary paid by the plus 25% for indirect costs and fringe 3�.-State (71 benefits. Such billing shall be paid within 1 t A Tc + days of receipt by check or voucher payable ` to CSP. The billing for the month of June of each year shall be made and paid within the last two weeks of the month so that the reimbursement to the CSP and by the CSP to the State Department of Highways may be treated as current fiscal year's business for accounting purposes.. 4. The dispatchers that provide the radio dispatching services shall be employees of the CSP for all pur- z poses including, but not limited to, selection, If assignment, certification beyond probationary period, methods and procedures of operation, com- pensation, administration of holidays, vacation, sick leave, and other types of leave, grievances, and corrective or disciplinary actions subject to change by the Chief of the CSP. They shall be under the general administrative control of the Captain of the Grand Junction District of CSP and direct supervisory control of the CSP Lieutenant assigned to the Eagle Troop, except to the extent that such responsibility is delegated to the Sergeant and/or the Senior Radio Dispatcher who directly supervises the operation of the Communications Center. 5. The hiring of any additional dispatch personnel which is necessitated completely or in part by the additional workload generated by the Local Agency traffic shall be the subject of a separate or supplemental agreement. 6. The term of this contract shall be for ten (10) years from date of execution by all required parties. Financial obligations of the Local Agency -2- 9 payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. The contract may be terminated, with or without cause, by the Local Agency or the State, subject to thirty (30) days written notice. 7. The Special Provisions attached hereto are hereby made a part hereof. 511 " IN WITNESS WHEREOF, the parties hereto have executed this contract on the day first above written. APPROVED; DAN S. WHITTEMORE State,Controller By", — \\v-�°-I� STATE OF COLORADO RICHARD D. LAMM GOVERNOR STATE DEPARTMENT OF HIGHWAYS JACK KINSTLINGER EXECUTIVE DIRECTOR CO] M Chief, Clorado State Patrol Commissioner, Eagle County Commissioner, Eagle County A j-- i fi Commissioner, Eagle County APPROVED: J. D. MACFARLAN Attornev"IG a APPROVED: STATE COMMUNICATION DI CTOR -4- Pinard ,6 -AC -02B • CONTROLLER'S APPROVAL SPECIAL PROVISIONS 7) . J 1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate. This provision is applicable to any contract involving the payment of money by the State. FUND AVAILABILITY . ! 2. Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. BOND REQUIREMENT 3. If this contract involves the payment of more than ten thousand dollars for the construction, erection, repair, maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public work for this State, the contractor shall, before entering .upon the performance of any such work included in this contract, duly execute and deliver to and file with the official whose signature appears below for the State, a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one-half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate surety, conditioned for the due and faithful performance of the contract, and in addition, shall provide thai if the contractor or his subcontractors fail to duly pay for any labor, materials, team hire, sustenance, provisions, provender or other supplies used or consumed by such contractor or his subcontractor in peformance of the work contracted to be done, the surety will pay the same in an amount not exceeding the sum specified in the bond, together with interest at the rate of eight per cent per annum. Unless such bond, when so required, is executed, delivered and filed, no claim in favor of the contractor arising under this contract shall be audited, allowed or paid. A certified or cashier's check or a bank money order made payable to the Treasurer of the State of Colorado may be accepted in leiu of a bond. MINIMUM WAGE 4. Except as otherwise provided by law, if this contract provides for the payment of more than five thousand dollars and requires or involves the employment'of laborers or mechanics in the construction, alteration or repair of any building or other public work, (except highways, highway bridges, underpasses and highway structures of all . _ kinds) within the geographical limits of the State, the rate of wage for all laborers and mechanics employed by the contractor or any subcontractor on the building or public work covered by this contract shall be not less than the prevailing rate of wages for work of a similar nature in the city, town, village or other civil subdivision of the State in which the building or other public work is located. Disputes respecting prevailing rates will.be resolved as provided in 8-16-101, CRS 1973, as amended. DISCRIMINATION AND AFFIRMATIVE ACTION 5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law respecting discrimination and unfair employment practices (24-34-301, CRS 1973, as amended), and as required by Executive Order, Equal Ouportunity and Affirmative Ation, dated April 16; 1975. Pursuant thereto, the following provisions shall be contained in all State contracts or sub -contracts. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age. The contractor will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to the above mentioned characteristics. Such action shall include, but not be limited. to the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertisings; lay-offs or terminations; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth provisions of this non-discrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age. (3) The contractor will send to each labor union or representative of workers with which he has collective bargaining agreement or other contract or understanding, notice to be provided by the contracting officer, advising the labor union or workers' representative of the contractor's committment under the Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the rules, regulations, and relevant Orders of the Governor. (4) The contractor and labor unions will furnish all information and reports required by Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, and by the rules, regulations and Orders of the Governor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules, regulations and orders. (5) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization, or expel any such individual from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity, because of race, creed, color, sex, national origin, or ancestry. 3 (6) A labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce the doing of any act defined in this contract to be discriminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder; or attempt, either directly or indirectly, to commit any act defined in this contract to be discriminatory. page / of 2 pages Fand6-AC-02B CONTROLLER'S APPROVAL SPECIAL PROVISIONS 1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate. This provision is applicable to any contract involving the payment of money by the State. FUND AVAILABILITY t 2. Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. BOND REQUIREMENT 3. If this contract involves the payment of more than ten thousand dollars for the construction, erection, repair, maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public work for this State, the contractor shall, before entering upon the performance of any such work included in this contract, duly execute and deliver to and file with the official whose signature appears below for the State, a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one-half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate surety, conditioned for the due and faithful performance of the contract, and in addition, shall provide that if the contractor or his subcontractors fail to duly pay for any labor, materials, team hire, sustenance, provisions, provender or other supplies used or consumed by such contractor or his subcontractor in peformance of the work contracted to be done, the surety will pay the same in an amount not exceeding the sum specified in the bond, together with interest at the rate of eight per cent per annum. Unless such bond, when so required, is executed, delivered and filed, no claim in favor of the contractor arising under this contract shall be audited, allowed or paid. A certified or cashier's check or a bank money order made payable to the Treasurer of the State of Colorado may be accepted in leiu of a bond. MINIMUM WAGE 4. Except as otherwise provided by law, if this contract provides for the payment of more than five thousand dollars and requires or involves the employment'of laborers or mechanics in the construction, alteration or repair of any building or other public work, (except highways, highway bridges, underpasses and highway structures of all kinds) within the geographical limits of the State, the rate of wage for all laborers and mechanics employed by the contractor or any subcontractor on the building or public work covered by this contract shall be not less than the prevailing rate of wages for work of a similar nature in the city, town, village or other civil subdivision of the State in which the building or other public work is located. Disputes respecting prevailing rates will be resolved as provided in 8-16-101, CRS 1973, as amended. DISCRIMINATION AND AFFIRMATIVE ACTION 5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law respecting discrimination and unfair employment practices (24-34-301, CRS 1973, as amended), and as required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975. Pursuant thereto, the following provisions shall be contained in all State contracts or subcontracts. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age. The contractor will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to the above mentioned characteristics. Such action shall include, but not be limited, to the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertisings; lay-offs or terminations; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth provisions of this non-discrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age. (3) The contractor will send to each labor union or representative of workers with which he has collective bargaining agreement or other contract or understanding, notice to be provided by the contracting officer, advising the labor union or workers' representative of the contractor's committment under the Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the rules, regulations, and relevant Orders of the Governor. (4) The contractor and labor unions will furnish all information and reports required by Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, and by the Hiles, regulations and Orders of the Governor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules, regulations and orders. (5) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization, or expel any such individual from membership in such labor organization or discriminate against 'any of its members in the full enjoyment of work opportunity, because of race, creed, color, sex, national origin, or ancestry. (6) A labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce the doing of any act defined in this contract to be discriminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder; or attempt, either directly or indirectly, to commit any act defined in this contract to be discriminatory. page / of 2 pages