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HomeMy WebLinkAboutC87-051 Colorado State Patrol) P IN7"I,r�t _511 AGENCY NUMBER 4 C87-51-15 D CONTRACT ROUTING NUMBER CON'mACT THIS CONTRACT, made this day of 19 _, by and between the State of Colorado for the use and benefit of the Department of `' DEPARTMENT OF PUBLIC SAFETY - DIVISION OF COLORADO STATE PATROL hereinafter referred to as the State, and '2__UGLE CQUN._..TY __. 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 2,00 , G/L Account NumberY_Z,57_IVX, 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 Communication Officers and one Communication Supervisor located at the Eagle Troop Office of the Colorado State Patrol (hereinafter referred 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 two additional Communication Officers in order to receive the desired dispatching services; and WHEREAS, all expenses of the additional Communication Officers 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 provisions of Section 24-33.5-204, C.R.S., 1973, as amended. NOW THEREFORE, it is hereby agreed that 1. •4 Commencing April 1, 1987, the State shall commence providing full time radio dispatching services as recited above. 2. The State shall select, hire and put on regular duty two additional Communication Officers at or below Colorado State Personnel Board published grade no higher than Dispatcher B. 395"531014 Page I of pages "`t Ser instruc(iuM 4111 revt!fse ol1.0 page.) 3. The State shall bill the Local Agency monthly for the additional Communication Officer's salary paid by the State plus 25% for indirect costs and fringe benefits of each Communication Officer. Such billing shall be paid within seven days of receipt by check or voucher payable to CSP. 4. The Communication Officer that provides the radio dispatching services shall be employees of the CSP for all purposes including, but not limited to, selection, assignment, certification beyond probationary period, methods and procedures of operation, compensation, 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 Glenwood Troop, except to the extent that such responsibility is delegated to the Sergeant and/or the Communication Supervisor 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. The contract may be terminated 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. 8. The financial obligation of Eagle County payable after the current County fiscal year is contingent upon funds for that purpose being appropriated, -budgeted and otherwise made available, and is limited to the amount of funds, if any, appropriated, budgeted or otherwise made available for the purposes of this agreement. The County's obligation under this agreement for the current County fiscal year (January 1, 1987, to December 31, 1987) shall not exceed $48,000.00. IN WITNESS WHEREOF, the parties hereto have executed this contract on the day first above written. STATE OF COLORADO ROY ROMER GOVERNOR DEPARTMENT OF PUBL-1--C--7FETY DAVID J. THO UTI E RECTOR, C ADO STATES PA L IIA J 0 H -.- MPSEY 5 F, COL RADO STATE PATROL LP Corn issione irt-,'Eap,Y& Co6n., Commissioneil, Eagle Cobflty 'Comim--issKner, Eagle County APPROVED: APPROVED: State Controller Attorney General By :�X By 4�r J- f ■ Form 6 -AC -02C (7) In the event of the contractor's non-compliance with die non-discrimination clauses of this con- tract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or sus- pended in whole or in part and the contractor may be declared ineligible for further State contracts in accordance with procedures, authorized in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975 and the rules, regulations, or orders promulgated in accordance therewith, and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, or by rules, regulations, or orders promulgated in accordance therewith, or as otherwise provided by law. (8) The contractor will include the provisions of paragraph (1) through (8) in every sub -contract and subcontractor purchase order unless exempted by rules, regulations, or orders issued pursuant to Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any sub -contracting or purchase order as the contracting agency may direct, as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event the con- tractor becomes involved in, or is threatened with, litigation with the subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado. COLORADO LABOR PREFERENCE 6 a. Provisions of 8-17-101 & 102, CRS for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereunder and are financed in whole or in part by State funds. b. When a construction contract for a public project is to be awarded to a bidder, a resident bidder shall be allowed a preference against a non-resident bidder from a state or foreign country equal to the preference given or required by the state or foreign country in which the non-resident bidder is a resident. If it is determined by the officer responsible for awarding the bid that compliance with this subsection .06 may cause denial of federal funds which would otherwise be available or would otherwise be inconsistent with requirements of federal law, this sub- section shall be suspended, but only to the extend necessary to prevent denial of the moneys or to eliminate the inconsistency with federal requirements (section 8-19-101 and 102, CRS). GENERAL 7. 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 incor- porated herein by reference which provides for arbitration by any extra -judicial body or person or which is other- wise 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 other- wise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this cataract to the extent that the contract is capable of execution. 8. 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. 9. The signatories hereto aver that they are familiar with 18-8-301, et. seq., (Bribery and Corrupt Influences) and 18-8-401, ct. seq., (Abuse of Public Office), CRS 1978 Replacement Vol., and that no violation of such pro- visions is present. 10. The signatories aver that to their knowledge, no state employee has a personal or beneficial interest what- soever in the service or property described herein: IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day first above written.. 'ontractor : (Fu Legal Name) STATE OF COLORADO RICHARD D. LAMM, G�OVER R By -- *5 EXECUTIVE DIRECTop- Position (Title) DEPARTMENT Social Security Number or Federal I.D. tuber CIF (If Corporation:) Attest (Seal) By(( Corrorate Secretary. or Equivalent. Town/City/County Cl APPROV ATTORNEY GENERAL CONTROLLER By By Page which is the last of pains For n 6 -AC -02B - SPECIAL PROVISIONS CONTROLLER'S APPROVAL 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 pay- ment of money by the State. FUND AVAILABILITY 2. Financial obligations of the State payable after the current fiscal year are contingent upon funds 1'or that purpose being appropriated, budgeted and otherwise made available. BOND REQUIREMENT 3. If this contract involves the payment of more than fifty thousand dollars .for the construction, erection, repair, maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public works for this State, the contractor shall, before entering the performance of any such work included in this con- tract, 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, pro- visions, provendor or other supplies used or consumed by such contractor or his subcontractor in performance 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 payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance with 38-26-106 CRS, as amended. INDEMNIFICATION 4. To the extent authorized by law, the contractor shall indemnify, save and hold harmless the State, its employees and agents, 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, subcon- tractors, or assignees pursuant to the terms of this contract. 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 (24-34-402. CRS 1982 Replacement Vol.), 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 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 advertising; lay-offs or terminations; rates of pay or other forms of compensation; and selec- tion 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 con- tracting 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 dis- criminate 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. 395-53-01-1022 page .. of pages Revised 11-85