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HomeMy WebLinkAbout790608.tiff RESOLUTION RE: WAIVER OF BIDDING PROCESS CONCERNING VIDEO EQUIPMENT FOR WELD COUNTY SHERIFF'S DEPARTMENT. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, Weld County has submitted an application for federal funds in order to purchase video equipment for the Weld County Sheriff's Department, and WHEREAS, due to the time frame involved for receiving said funds, the Board of County Commissioners deems it advisable and in the best interests of Weld County to waive the normal bidding procedure in this matter and further to authorize the Weld County Purchasing Agent to receive bids over the telephone from the vendors. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the normal bidding pro- cess concerning video equipment for the Weld County Sheriff ' s Department be, and hereby is, waived. BE IT FURTHER RESOLVED by the Board that the Weld County Purchasing Agent be, and hereby is, authorized to receive bids over the telephone concerning said equipment. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 1st day of August, A.D. , 1979 . BOARD OF COUNTY COMMISSIONERS ATTEST: al 44 ELD COUNTY, COLORADO Weld County lerk and Recorder (Aye) and Clerk- to the Board Norman Carlson, Chairman Bye- ff[ g ) ( !° 2 J Absent Date Presented (Aye) epu ounty Cler Lydia Dunbar �`�PP_R�/(/ D AS TO FORM:/// `/�) (Aye) \\ '�VI�Gv�"�t' QZ C. W. Kir y County Attorney of. As (Aye) Leonard L. Roe (ABSENT) June K. Steinmark /kti, d DATE PRESENTED: AUGUST 8 , 1979 7; 7,/,_„ . /C' / - - 790608 Form 6-AC-02A /�`• ---i"1 + ' DEP, BENT OR AGENCY.NUMBER • 28 0000 CONTRACT ROUTING NUMBER C44-79 CONTRACT THIS CONTRACT, made this 13th day of August 1979_, by and between the State of Colorado for the use and benefit of the Department of 't Highways, Division of Highway Safety hereinafter referred to as the State,and 'z Weld County Sheriff ' s 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 G/L Account Number ,Contract Encumbrance Number ;and WHEREAS; required approval, clearance and coordination has been accomplished from and with appropriate agencies;and WHEREAS, the State i$ desirous of implementing its Comprehensive Traffic Safety program to reduce traffic crashes; and WHEREAS, the implementation of the Alcohol-Driving Countermeasures described herein will support the Colorado Traffic Safety Program and reduce crash experience in Weld County, Colorado; and WHEREAS, the Contractor has available the technical ability to properly complete the objectives stated herein within the timeframes of this Contract; and WHEREAS, this Contract is executed by the State under authority of Section 43-1-106, C.R.S. 1973, as amended. NOW THEREFORE, it is hereby agreed that 1 . The Contractor shall conduct the necessary activities to accomplish the stated objectives per Attachment A, pages 1, 2, and • 3, incorporated herein and made a part hereof. 2. The Contractor shall comply with the administrative require- ments contained in the Colorado Highway Safety Contract Management Manual, dated October 1, 1976, incorporated herein and made a part hereof by reference. 3 . The Contractor shall provide to the State the necessary data for monitoring and evaluation. Data elements required are contained in the Evaluation Data Sheet, Attachment A, page 2. 4. The total amount of this Contract is $5, 280 with State and Contractor participating as follows : A. The State shall reimburse the Contractor for the accomplishment of this Contract with funds available under the Highway' Safety Act, Title 23 U.S.C. Section 402. Total amount of 402 funds shall not exceed $4, 780 . Budget detail is contained in Attachment A, page 3. S. Contractor agrees to contribute $500 of in-kind service toward the accomplishment of this contract: Budget detail is contained in Attachment A, page 3., 5. The term of the Contract shall begin on August 10, 1979 and ' terminate upon satisfactory completion of the project activities, as determined by the State. 6, The Contractor agrees that any subcontracts entered into under this Contract must meet all State and Federal requirements and be reviewed by the Director of the Division of Highway Safety prior to execution. Page 1 of 3 pages • '(See instructions on reverse of last page-) • �'Form 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 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 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, 1.975.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 wilt 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. (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 2_of 3 pages Form 6-AC-02C v (7) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended 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 paragraphs (I) through (8) in every sub-contract and sub-contractor 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 sub-contractor 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 contractor 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. Provisions of 8.17-101,.& 102, CRS 1973 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. 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 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. 8. The signatories hereto aver that they are familiar with 18-8-301, et seq., (Bribery and Corrupt Influences) and 18-8-401, et seq., (Abuse of Public Office), C.R.S. 1973, as amended,and that no violation of such provisions is present, 9. The signatories aver that to their knowledge, no state employee has any personal or beneficial interest whatsoever in the service or property described herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day first above written. STATE OF COLORADO RICHARD U. LAMM, GOVERNOR By y *5 EXECUTIVE DIRECTOR. CORDELL SMITH, Directo DEPARTMENT Division of Highway Safe Position OF .Highways social Security Number • APPROVALS ATTORNEY GENERAL J. D. McFarland CONTROLLER By By Chairman, Bo^rd of County/] Commissioners ATTEST: /'� a wn;,(A.vwtri'l N -'1-h sr'l T" C...FRK ANr rnfDER rii F /. . .;. tt1 f,LV \ 1 tin _ itp .ty County Clerk Page 3 which is the last of 3 pages 'See instructions on reverse side. *INSTRUCTIONS (1) Insert official Department designation,e.g.,Administration,Local Affairs,etc.as appropriate. (2) Set forth company(ies)or individual(s)name(s)and address(es). (3) Insert a brief statement indicating reason for contract, e. g., "The contractor having special knowledge, expertise and skill in diagnosing and testing diseases affecting cattle; and." Use as many "Whereas's" as required. If additional space is required continue to above words "NOW, THEREFORE;" and state "continued on page 2". On page 2, state "Whereas continued from page 1" if required. (4) Specify clearly the goods or services contracted for,the consideration moving from one party to the other, the time within which the contract is to be executed,limitations on assignments,if any,and special provisions desired, or required.Seek legal assistance when in doubt.Separate each principal item and number consecutively using as many pages as necessary. (5) If a delegee signs for the Executive Director place the words"FOR THE"before the word"EXECUTIVE" Autographic, as distinguished from stamped, signatures should, as a minimum,be affixed to the original,which will be filed by the Division of Accounts and Control,and two counterparts,one of which shall be transmitted to the contractor. If there is more than one contractor a copy so signed will be sent to each, thus requiring additional autographic signatures. lam • DIVISION OF HIGHWAY SAFETY OBJECTIVE PLAN • Weld County, State Programs:. Public Ways Responsible Agency: Sheriff's Office State Sub-Program: Highway Safety objective Managers Harold Andrews Agency Program Modules A-DC • Contract Period: 8/1/79 —9/31/79 • Agency Problem Solution Paris 1.1 Project Periods 8/1/79 - 9/31/89 Project .# 40-78 HSP# Objective #: 11.10 To increase DUI arrests in Weld County by 10% and the alcohol related conviction rate by 5 percentage points during the first year after the video taping system becomes operational as compared to the previous 2-month period. ' Task Activitg Description Agtivity # 11.10.1 Tb purchase one video camera with appropriate lens, microphones, cable and associated equipment and accessories to supplement equipment provided under Project #03-78 to the end that the system will be cwiylete and capable of producing high quality evidentiary video tapes of DUI defendants for use in court. Target date September 15, 1979. 11.02 Purchase one video recorder/playback unit with monitor, stand and associated accessories of a type compatible with the system provided by flask 11.10.1 above. This equipment to be used to playback DUI tapes as evidence in county courts. Target date September 15, 1979. 11.10.3 Install the equipment purchased under Tasks 11.10.1 and 11:10.2 above. Target date September 15, 1979. 11.04 Increase DUI arrests in Weld County by l0q (asindicated by adjudication data)., during the first year the system becanes operational, as compared to the previous 12 month period. 11.05 Increase the alcohol-related conviction rate by five percentage points during the first year after the video taping system becanes operational, as compared to the previous 12 ncnths period. DHS-23A • Attachment A , page 1 8/78 EVALUATION DATA CHART Project # 40-78 HSP# 1.1.10. Objective # Task DESCRIPTION TYPE OF REPORT Activity itNOES T AMFRAME . 11.10.1 Was video equipment and associated Performance October 20, 1979 equipment and accessories purchased and was it timely. 11.10.2 . Was the recorder/playback unit, monitor . Performance October 20, 1979 stand and associated accessories - purchased and was it timely. 11.03 Was the equipment installed and Performance October 2O, 1979 operational on time. 11.04 Were ail arrests increased by 10% (as Peformance October 20, 1980 indicated by adjudication data) . 11.05 Was the alcohol-related conviction Performance Octnber 20, 1980 rate increased by five percentage points. DHS23B Attachment A page 2 8/78 e FINANCIAL BJDGEr 1 Project'# 40-78 HSP# 1.1.10 Objective Total Source of Distribution of # Cost Funds DHS Funds (1) (2) (3) DIE'S (4) State (5) Local (6)Private (7) Other (8) State (9)Local 11.10 5,280 4,780 500 4,780 DHS-23C 8/78 Attachment A , page 3 Hello