HomeMy WebLinkAbout790603.tiff RESOLUTION
RE: APPROVAL OF AMENDMENT TO CONTRACT BETWEEN THE COLORADO
DIVISION OF HIGHWAY SAFETY AND THE WELD COUNTY SHERIFF' S
OFFICE.
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, an amendment to the contract between the Colorado
Division of Highway Safety and the Weld County Sheriff's Office
has been presented to the Board of County Commissioners for
approval, and
WHEREAS, said amendment concerns the use of a CMI Intoxilyzer
breath testing instrument by the Weld County Sheriff's Office.
Said CMI Intoxilyzer breath testing instrument will be furnished
by the Colorado Division of Highway Safety, and
WHEREAS, the Board of County Commissioners has considered
the amendment to said contract and deems it advisable to approve
the amendment to the contract between the Colorado Division of
Highway Safety and the Weld County Sheriff's Office.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the amendment to .the
contract between the Colorado Division of Highways and the Weld
County Sheriff' s Office concerning the use of a CMI Intoxilyzer
breath testing instrument be, and hereby is, approved.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 24th day of
October, A.D. , 1979.
//�] BOARD OF COUNTY COMMISSIONERS
ATTEST: atn v� etiW� tlii�Iu/E WELD COUNTY, COLORADO
Weld County lerk and Recorder (Aye)
� � Y
��a``nd,.61-e.sk and Record Norman Carlson, Chairman
'`__, p_j �.u�, J (Aye)
�puty Coun erkCoun erk y a Dunbar.
AP D AS TO FO 2047.2 P II, I,A,`-,/ (Aye)
O C(.�W. Ki y /
)
County Attorney CJ Eb d . g (A e)
L rd L. Roe
e)
J K. Ste nmark
_2 ty Cti- 790603
>,jJC 'ICJ0 so coo
DATE PRESENTED: OCTOBER 29, 1979
STATE OF COLORADO
DIVISION OF HIGHWAY SAFETY
Department of Highways
Oti
State & Community Programs Alcohol-Driving Countermeasures
(303) 757-9381 (303) 757-9481
ttOcS)se
e
4201 EAST ARKANSAS AVENUE • DENVER. COLORADO 80222 •
HIGHWAY SAFETY PROJECT AND EQUIPMENT USE AGREEMENT
Project #40-79
The Director, Division of Highway Safety (DHS) , has approved
the enclosed DHS-18, (Attachment A) which constitutes a change to
our contract for Project #40-79, a copy of which is enclosed as
Attachment B. All objectives, tasks, evaluations, reports, funds,
equipment, services, terms and activities cited in the original con-
tract and the DHS-18 are considered binding on your agency and the
Division of Highway Safety.
The Contract Management Manual, revised October, 1977 (Attach-
ment C) , provides guidance on all administrative procedures which
must be followed in the execution of this project. Your attention
is directed to Section III, pages 83, 84, 85, and 86 of the Contract
Management Manual. The subject of Section III is Fiscal/Control
Requirements, the Topic is Capital Equipment Accountability. All
subparagraphs of this section must be adhered to by your agency. In
addition, upon receipt of the equipment purchased by DHS for your
agency, sign and date the attached Inventory Change Form #DOH 130
(Attachment D) and return to DHS.
We have added this agreement to the contract file and will
expect monthly vouchers for any authorized expenditures by your
agency. Quarterly reports as described in the Contract Management
Manual will also be expected.
_
At your earliest convenience, contact this office to
schedule a Pre-Work Conference to acquaint appropriate
staff with the procedures for reporting, reimbursement and
other administrative activities required by the contract
and to answer any questions raised by your staff.
atLiag2
Haro d Andrews, Sheriff Cordell Smith, irector
Weld County, Colorado Division of Highway Safety
'a"' N0V 9 1979
Chairman, Board of Cont
Commissi DATE
ATTEST: 711 avviun -
'TT77
WELD COUNTY LERK .AND RECORDER
AN 'CLERK TO THE
�_. ty unty Clerk
• STATE OF COLORADO 0-/
1
•
DIVISION OF HIGHWAY SAFETY
Department of Highways
•
' ---Y Alcohol-Driving Countermeasures
State & Community Programs . . , g
(303) 757-9381 t (303) 757-9481
N>`� %as
',NE N'.
4201 EAST ARKANSAS AVENUE .• DENVER. COLORADO 80222 •
October 10, 1979
TO: Harold Andrews, (, riff , Weld County, Colorado
FROM: William T. Jon �, ector, Alcohol-Driving
Countermeasure D
SUBJECT: Highway Safety Project. and Equipment Use Agreement
Project #40-79
Attached is an agreement to be signed by the Board
of County Commissioners and the Director of the Division of
Highway Safety. Thia. will establish the conditions under which
we will transfer the equipment to your-agency for traffic
safety purposes.
L
WJ:asc PM
M
�11`allrh ) t ill'3141r1�
Enc.
•
r
I ,
Division of Hiahway Safety .
4201 E. Arkansas Avenue
Denver, Colorado 8'222
Application `or Revision of Highway Safety Project
To: Cordell Smith, Director of Highway Safety
From: Albert I . Sandsmrk 4O-79 91121.29
Project .'lanagef Project # Date
Part I We request a revision of cur Highway Safety Project, Objective(s)
# 11 . 10 , ,
Attached is written justification for the requested revision to support
the following reasons:
1 . /7 Objecti"e,r.arrative
2. 1=i7- Period revision from 9/31/79 to 11/15/79
Cats. Date
3. /x / Revision of Funds /_/ Dr. share , ! / Wiency share
A. /1 Increase or decrease funds for objective(s)
B. /7-7 Re-allocation between objective(s)
C. /7-7- Revised objectives)
D. / / Ad! and/or remove ajec' ive.(s)
E. / / Other
Part II 4. (K/ Added Task 11. 06 (See Attachment)
* (1 ) HSP;' (2)OBJECTIVE # (`) FINANCIAL (4) (5�P
EVISED
(DECREASE) I
BUDGETBUDGET
8001 11.10 $ 5, 280 . 00 54, 800 . 00 X1O. O8O.OO
I
._..t
E
1
TOTALS 5 5, 280 .00 • -S. 4 , 800.00 S14. 080.0.0_..._
Signed ãd Sept. 17, 1979
Project Manager • Date
'Do not write below this line. - For DHS use only
Part 'TI Revision: /></ -.Approved / / Disapproved
DHS Approved .l'/}1L-C6?(7 ,`.( u•U.,( ` "U2.,.5. .' ,
Signature Date
/ / - Revision Number
C�,c e.,eJ e a≥ I/O' . . Program ��
� Project /
DHS-18 MI , .
Rev. 8/78 . .� v;2s�i9
-
Project 40-79 .
Attachment to DHS-18 dated Sept. 17 , 1939
Added Task :
11 . 06 DHS will purchase and provide to the
Weld County Sheriff ' s Office one CMI
Intoxilyzer breath testing instrument
to serve the needs of the law enforcement
community in Weld County.
Justification:
A recent Colorado Supreme Court opinion requiring that
DUI/DWAI suspects must be provided a sample of their breath,
or the alcoholic content thereof, at the time of arrest, if
they submit to a breath .test, has rendered the breath test
instrument presently in use in the Weld County Sheriff ' s
Office obsolete. The addition of the above task to the current
project with the Weld County Sheriff ' s Office will provide for •
up-dating the instrumentation with the only approved instrument
currently available that can meet the requirements of the
Supreme Court opinion from the same breath that is used for
evidentiary purposes . It is intended that this instrument
be provided under a use agreement .
I have de-obligated sufficient funds from other breath
test instrumentation projects to cover the cost of this request.
I have discussed this proposal with Sheriff Harold
Andrews and Capt. Rick G. Dill , Chief of the Administrative
Services Division, Weld County Sheriff 's Office, both of whom
enthusiastically' endorse the proposal . The period revision
is necessary only for the purpose of providing time for
delivery of the instrument.
7 jet
•
AIS:cc
UwP
4:'' :r COLORADO STATE DEPARTMENT OF HIGHWAYS
c DIVISION OF •HIGHWAY SAFETY
1816
State $ Community. Programs Alcohol-Driving Countermeasures
(303) 757-9381 August 29, 1979 (303) 757-9481
•
Sheriff Harold Andrews
Weld County Sheriffs Office
Greeley, CO 80631
Project #40-79
Dear Sheriff Andrews :
I am pleased to forward an approved copy of your Contract
for completion of the video system for taping DUI suspects.
Costs incurred in accordance with the .conditions of this Con-
tract between August 25, 1979 and September 30, 1979, will be
eligible for participation and reimbursement.
Please contact this office at your earliest convenience
to schedule a pre-work conference to acquaint appropriate
personnel with procedures for reporting and other administrative
activities required by the Colorado Division of Highway Safety
Contract Management Manual dated October 1, 1978..
Sincerely,
,
William T. Jones, Director
Alcohol-Driving Countermeasures
WTJ:asf
Enc.
•
e rig&
teolZle
4'?n1 FAST ARKANSAS AVFNI IF DFNVFR, CO 80222
--28 OnnO
o RAC ROi na �u�tnt k
C44-79
COtiI RAci
•
THIS CON TRACT, made this 13th_day of A^c _ 1979_, by and between the
State of Colorado for the use and benefit of the Department of 't FliCthv:a.vs , Division of
E12 iaav Safety -- — --
hereinafter referred to as the state, and '2 Weld Count v Sheriff ' s Department
hereinafter referred to as the contractor, ----
WHEREAS, authority exists in the law and Funds h .e been budgeted, appropriated and otherwise made
available and a sufficient unencumbered balance thereofre;ears available for payment in Fund Number
G/L Account Number 55626 , Contract Encumbrance Number ;and
WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate
agencies; and - -
WHEREAS, the State is 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
B. 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 25 . 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
Page I nf--=pa;es .
'(See instructions on reverse of list pige.)
' u t I
•
CO'I ROLLERS \I'I'ROVAl.
1. This contract shall not he deemed valid until it ,hall have beeu'approvcd by Ike Crenr,,ller of the State of
Colerad,' or such assistmt as he nets designate. this tier.i.1 m i. app!i;ably to any cuutract imots;uo the pas ment of
r,:e.ri y by the State.
FUND A\':\Il-,\CILIIV
2. Financial ohlieations 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
bend 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
tate 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
contractdr 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 (2434301, 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 sub-contracts
During the performance of this contract, the contractor agrees as follows:
(I) 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 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 (coin 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.
161 A lahor 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 present any person from
complying with the provisions of this contract or any order issued thereunder;or attempt,either directly or
indirectly, to commit ally act defined in `this contract to be discriminatory.
pages page 2__of 3
(7) In the event of contractor's non-compliance with the non-d. miination clauses of this contract or
with any of such rules, regulations, or orders, this contract may he cancelled, terminated or suspended in
whole or in part and the contractor may be declared ineligible for further State contracts in accordance with
procedures, authorised hi 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 he 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 (1) 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 8-17.10I. & 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 he 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 extrajudicial 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 18-8401, 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.
S ATE O COLORADO
7i;HcIVE
D. LAMM, G 1 RNOR Bit DIP Contractor — DIRECTOR. CO D ITH, Dire(
DEPARTMENT Division of Highway Si
Position OF Highways y ._
Social Security Number ---
x
APPROVALS
ATTORNEY - N ERAL J . D. McFarland CON RO LER
DAN S, WHITTEMOR€
By
By \f—C JN
722f-barbejtres-r--
Chairman, Board cf Ceuunty Cohwerissicnars
ATTEcT: l ' ;ac I.2,,.^ii-T WJJtaCtri�
it
E. D`R
/ kir COUNTY CLEO< AND r AND CLERK T O THE 1S D
� ,
feputy County Clerk
Page_.3__which is the last or_ 3 pages
`See instructions on reverse side.
The Contract Management Manual is not attached inasmuch
as several copies have been previously provided.
/1
STATE.OF COLORADO DEPARTMENT OF HIGHWAYS
DIVISION OF ADMINISTRATION
DOH FORM NO.730
Rev.,Aaeuet, 1979 INVENTORY CHANGE .
Number
Purchase Order No
Voucher No.
I hereby release custody of the following: Date Released October 16. 1979
Signed ` 1 'a"J TRANSFEROR
Section Head
Cost Center Equip• No.
08901 13C21
ITEMS (Describe thoroughly for positive identification)
One each Gil Intoxilyzer Model 4011 AS, serial #102080 $4,495 00
Project #40-79 - Weld Count S.O.. CINIIN
I hereby acknowledge receipt and custody of above: Date Received 19
Signed TRANSFEREE
Section Hood
Cost Center Equip.No. .
INSTRUCTIONS: To be used to transfer responsibility for non-expendable Inventory items (Except Storeroom).
Transferor will fill in date and items transferred, sign and forward to Transferee.
Transferee will sign and forward to Procurement Section.
Hello