HomeMy WebLinkAbout1995-24 IGA Concerning the Implementation, Operation and Maintenance of the E-9-1-1 Telephone Servicez
RESOLUTION N0.24
SERIES OF 1995
A RESOLUTION ADOPTING THE INTERGOVERNMENTAL
AGREEMENT CONCERNING THE IMPLEMENTATION, OPERATION
AND MAINTENANCE OF THE "E-9-1-T" TELEPHONE SERVICE.
WHEREAS, an Agreement has been proposed pursuant to the authority of
local governments of the State of Colorado to contract with one another for the joint
provisions of services of function which they can provide individually; Section 29-1-
201, et seq. C.R.S. as amended, and Article 14, Section 19, Colorado Constitution;
and
WHEREAS, the County of Eagle, Colorado, the Tawn of Vail, Colorado and
the Colorado~State Patrol wish to enter into an agreement the purpose of providing
emergency telephone service; and
WHEREAS, Eagle County has contracted with U.S. West Communication
Services, Inc. for certain products and services, further identified in the Public
Service Product Salesllnstallation/Maintenance Agreement for providing enhanced
emergency telephone service; and
WHEREAS, the County, Vail and other participating Eagle County
Municipalities and service districts established the Eagle County Emergency
Telephone Service Authority pursuant to the Act, which is governed by the
Emergency Telephone Service Authority Board; and
WHEREAS, it would serve the public welfare and be in the best interest of
the Parties to participate in the installation, operation and maintenance of a central
emergency telephone service; and
WHEREAS, the Parties desire to enter into an agreement for the following
purposes:
1 } To create a mechanism far the installation, operation and maintenance
of the System; and
2) To define the manner in which each, of the Parties will participate in
the installation, operation and maintenance of the System; and
WHEREAS, Vail and Colorado State Patrol have been operating Public
Safety Answering Points for the "E-9~1-1" System under the informal agreement of
the parties.
NOW THEREFORE, BE IT RESOLVED by the Town Council of the Town
of Vail, Colorado, that the people of Vail do hereby authorize the Town Manager to
enter into an Jntergovernmental Agreement Concerning the Implementation,
Operation and Maintenance of the "E-9-1-1 "Telephone Service as attached hereto
as Exhibit A.
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INTRODUCED, READ AND APPROVED AND ADOPTED THIS `l~lr~
day of November, 1995.
l
Margaret A. Osterfoss, Mayor
ATTEST:
C(~ INSP. rn~~~~-~r~.lcptr~
Holly McCutcheon, Town Cierk
Resolution No.24, Series of 1995
INTERGOVERNMENTAL AQREEMENT
CONCERNING T8E IMPLEMENTATION, OPERATION AND MAINTENANCE
OF THE "E-9-1-I" TELEPHONE BERVICE
This Intergovernmental Agreement for "E-9-1-1" Telephone
Service ("Agreement") is made effective July 1, 1995 by and between
the following parties (hereafter referred to collectively as
Parties"):
1. Eagle County, State of Colorado, a body corporate and
politic, by and through its Board of County Commissioners
County") ; and
2. The Town of Vail, a municipal corporation ("Vail"}; and
3. The Colorado State Patrol, in its capacity as dispatcher
for the County, through its facilities, located in Eagle,
Colorado ("CSP").
WI ~.~~88ETH:
WHEREAS, this Agreement is entered into under the authority of
local governments of the State of Colorado to contract with ane
another for the joint provision of services of function which they
can provide individually; Section 29-1-201, et sect., C.R.S. as
amended, and Article XIV, Section 19, Colorado Constitution; and
WHEREAS, pursuant to Article 11 of Title 29 of the Colorado
Revised Statutes {hereinafter the "Act"} the Parties hereto are
delegated the power to enter into intergovernmental agreements of
this type for the purpose of providing emergency telephone service;
and
WHEREAS, the County has contracted with U. S. West
C~.,..,,unications Services; Inc . ( "U S West" ) for certain products and
services, further identified in the Public Safety Product
Sales/Installation/Maintenance Agreement ("U S West Agreement")
dated July 16, 1993, as are necessary for providing enhanced
emergency telephone service (collectively referred to herein as the
System") ; and
WHEREAS, the county, Vail and other participating Eagle County
municipalities and service districts established the Eagle County
emergency Telephone Service Authority pursuant to the Act, which is
governed by the Emergency Telephone Service Authority Board
Authority"); and
Exhibit A
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1r~ rC'9,7~
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WHEREAS, the Authority is not
Agreement unless the Agreement is
Board of County Commissioners; and
empowered to enter into this
approved by the Eagle County
WHEREAS, it would serve the public welfare and be in the best
interest of the Parties to participate in the installation,
operation, and maintenance of a central emergency telephone
service; and
WHEREAS, the Parties desire to enter into this Agreement for
the following purposes:, (x) to create a mechanism for the
installation, operation and maintenance of the System; and (2) to
define the manner in which each of.the Parties will participate in
the installation, operation and maintenance of the System; and
WHEREAS, Vail and CSP have been operating Public Safety
Answering Points for the E-9-1-1 System under inf~~~«al agreement of
the Parties.
NOW, THEREFORE, in consideration of the mutual covenants set
forth herein, the Parties agree as follows:
I. GENERAL PR~VTSTONB
1.1 Relative to E-9-1-1 communications equipment:
a) CSP and Vail shall ensure that personnel are available to
receive delivery of products necessary for the implementation
of the U S West Agreement and any subsequent equipment
agreements ("Products") at the Vail and CSP dispatch offices,
respectively, at dates and time's to be determined between the
Parties.
b) Risk of loss and damage to Products shall remain with the
Authority except as to any Products in which, and at the time,
Vail and CSP, as the case may be, take title.
c) CSP and Vail grant reasonable right of entry to the
Authority's representatives to deliver the Products and/or
perform alI services contemplated under or by virtue of the U
S West Agreement and any subsequent equipment agreements, and
will make available a reasonable amount of appropriate secure
space for storage of Products or parts as necessary.
d) CSP and Vail shall be
maintaining the proper site,
and electrical requirements
responsible for providing and
proper environmental. conditions
for the Products.
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e) The Parties shall treat ail information,documents, or
materials it receives regarding this Agreement as strictly
confidential, except as required by public disclosure law
applicable to governmental entities. The Parties shall
protect such information from disclosure to the public, shall
supply it only to the Parties employees and personnel with a
need to know, and shall keep it in a secured place.
f) One or .more of the Products may be or may ,contain
software. In some cases the Products manufacturer has
embedded such software into the hardware as an integral part
of the Products. All software remains the property and full
ownership of the creator, developer, manufacturer, or
copywriter, whichever the case may be. If required by creator,
developer, manufacturer or copywriter, a license must be
granted to end-user, to use such software and may contain
specific terms and conditions for such use, These specific
terms and conditions for use are governed entirely by said
creator, adhered to by all parties. Upon the requirement of
a Software License Agreement or Software Sub-License Agreement
by end-user, such license shall be executed as required, and
shall become a part of this Agreement by reference.
g) CSP and Vail shall promptly report any Products
malfunctions to the Authority or its designee tar repair and
replacement, provided that neither is responsible for repair
or replacement due to damage or destruction in the ordinary
course of use of the Products.
h) Vail and CSP shall maintain adequate and correct accounts
of all Products provided it by the Authority Board for the E-
9-1--1 System. The Authority may cause to be conducted an
annual audit, which audit shall be conducted by an independent
certified public accountant licensed by the State of Colorado.
1.2 Relative to the E-9-1-1 System generally:
a) CSP and Vail shall utilize their existing personnel to
operate the Public Safety Answering Points in their respective
communications centers to answer E-9-~.-1 calls and dispatch
appropriate emergency personnel twenty-four hours a day, every
day of the year.
b) CSP and Vail shall maintain records and make reports as
reasonably necessary~to support the E-9-1-1 System.
c) Vail and CSP will be available to consult with the
Authority at the Authority's request, regarding equipment and
operations issues.
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d) The uniform. charge per exchange access facility is
collected by the service supplier and delivered to the
Authority. CSP and Vail hereto shall have no obligation to
collect this uniform charge. -
e) Neither C5P nor Vail shall have any liability to pay for
any debt or other obligation incurred by the Authority unless
there is a specific undertaking by them to do so, accompanied
by an appropriation approved with the requisite formalities.
f) The Parties shall adhere to all applicable health and
safety laws, rules and regulations including the Occupational
Safety and Health Administration's ("OSHA") rules and
regulations. The Parties agree to certify that there is no
asbestos an any premises in any areas where the Products will
be installed. In the event the Parties will not certify an
asbestos free environment or asbestos is-discovered in the
installation area, there may be additional costs to perform
under this Agreement in compliance with OSHA's rules and
regulations. The Parties understand and agree this Agreement
does not include the prices attributable to working in an
asbestos environment including, but not limited to, asbestos
sampling, testing, cleanup or rerouting or delays caused by
any of the above. The Parties understand and agree that
prices attributable to any of the above will necessitate an
amendment to this Agreement.
II. TERM AND TERMINATION OF AGREEMENT
2.1 This Agreement shall be in full force and effect upon the
execution of the Agreement and shall continue in full force and
effect through June 30, 1996. Thereafter this Agreement shall
automatically renew for successive one-year terms unless it is
terminated pursuant to the terms of paragraph 2.2.
2.2 Any Party's participation in this Agreement may be terminated
by written notice from such Party to the Authority Board at least
180 days prior to July 1 of any given year which. termination will
take effect at the end of June 30. Termination of any party's
participation in this Agreement shall terminate all unaccrued
obligations of the terminating party unless such Party has agreed
to any such liability but the Parties will be responsible for any
debt incurred prior to termination even if not payable until after
termination.
2.3 Upon termination by any Party to this Agreement, the property
of the Authority shall be promptly returned~to the Authority.
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III. AMENDMENT AND WAIVER
3.1 No amendment of this Agreement shall be valid unless such
modification is in writing and signed by the Parties. No waiver of
any provision of this Agreement shall be valid unless in writing
and signed by the person or party against whom charged.
IV. LIABILITY; INSORANCE
4.I The Parties and their governing bodies, employees and duly
designated representatives shall not be personally liable for any
acts performed or omitted in good faith during the scope of their
duties pursuant to this Agreement.
4.2 Each party to this Agreement shall provide its own public
liability and property damage insurance coverage as it may deem
necessary for any potential liability arising from this Agreement.
4.3 Each Party hereto specifically acknowledges their familiarity
with the Limitation of Liability contained in the U 5 West
Agreement, noting that the Parties' obligations are synonymous with
that of the "Customer", as identified in the U S West Agreement.
4.4 Vail and Authority shall indemnify and hold harmless each
other in connection with claims, losses, damages, liabilities, and
lawsuits to the extent they arise from, or are alleged to arise
from, negligent acts solely in connection with their respective.
performance under this Agreement or use of, or operation of the
Product(s) sold, installed, and maintained under this Agreement.
This indemnity extends solely to claims and lawsuits for personal
injury, death, ar destruction of~ tangible property.
4.5 IN NO EVENT SHALL ANY PARTY BE LIABLE TO ANOTHER PARTY FOR ANY
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR ANY
REASON WHATSOEVER.
V. MIBCELLANE008
5.1 The Special Provisions attached hereto are incorporated herein
by this reference as though set forth in full. As used therein,
contractor" shall mean and refer to Authority.
5.2 This Agreement and the Parties' actions under this Agreement
shall comply with all federal, state, and local laws, rules,
regulations, court orders, and governmental agency orders in
existence at the time of execution of this Agreement, and as may be
amended from time to time.
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5.3 If any of the provisions of the terms and conditions contained
herein shall be held to be invalid or unenforceable in and
jurisdiction in which these terms and conditions apply, such
invalidity or unenforceability shall not invalidate or render
unenforceable any other term or condition, but rather these terms
and conditions shall be construed and enforced accordingly.
However, in the event such provision is considered an essential
element of these terms and conditions, the Parties shall promptly
negotiate a replacement thereo€.
5 . ~ This Agreement does not and shall not be deemed to confer upon
nor grant to any third party any cause of action, right to sue, or
allow any claim against any Party or the County because of any
services provided hereunder or any breach hereof or because of any
terms, covenants, agreements or conditions contained herein.
5,5 This written agreement, incorporating its attachments,
embodies the whole agreement between the Parties hereto, and there
are no inducements, promises, terms, conditions or obligations made
or entered into by any Party other than those contained herein.
5.6 This Agreement shall be binding upon the respective Parties
hereto, their successors or assign, and may not be assigned by
anyone without the prior written consent .of the other Parties
hereto.
5,7 This Agreement may be executed in counterparts. Execution of
this Agreement by fewer than all Parties shall cause the Agreement
to be effective between those Parties.
5.8 Notice hereunder shall be given by United States mail to the
address of the entity as set forth herein, said notice being deemed
received three days after mailing.
IN WITNESS WHEREOF, the Parties hereto have caused their
respective names and seals to be~affixed hereto, as of the day and
year herein above set forth.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through its
Attest BOARD OF COUNTY COMMISSIONERS
By.
Clerk to the Board of
County Commissioners
By.James E. Johnson,
Post Office Box 85a
Eagle, CO 8.631
Jr., Chairman
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A'1'r!'EST: TOWN OF~~IArL
By: U~= mC~~By: / .
Cle~'k R6bert W. Mcl,aurin, Town Manager
75 S. Frontage Road West
Vail, CO 83.657
PATROL
By: ~ i
Its ~ (` ['
Notic address:
Attachments:
State of Colorado Special Provisions
c\E91i
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Porm ii•~t,.n~ ~Y~l':l..slJl.~ F'1 •r.r~IS1UNS I~
CONrR(ILLEIL'S APPItOYAI,
This t:nntract shall not he drt•mad valid until it Shtt#! have heat approved by the Gantru#ler itT the State of
G)lontdo or such assistant as he may designalc, This prr,srittion Is applicable to any contract inv[tlt•in~ the pay-
meet. u#', mane}• l;y the State, ,
i'~~ FUND AVAILABILI~'Y '
Y, .
4:,•j•;~. 2. Financial obligations of the State payable alter tltc current liyual year are contingent upin funds t'nr that
f:~. putpase bt;ing appropriated, budgeted and otherwise made u+•si#stblr.
80I'dD RFQ1UIIi,EMEiriT ~ . .tM,i
i-~.:~,. ' . 3, If this aantract involves the pa}~mcnt.ttl' more than fifty thousand dollars ft:r the canstru+:tion, erection.
f;°~ ,repair; maintenance, a?r improvement ul' any building, road, bridge, viaduct, tunnel, exca+•ation or other public ''
works tar this Stale, the cantractttr,htsll, ttclitrc entering the performance of nny such work included in this t:on• t.
r:.:
1,j~:•~tract. duly execute: and deliver to and Isle: with Cite ullicial whose signature appears below' !or the State. a good
iti~'~~}~ and sul'f~cient bond ar other acceptahir suren~ trs be approved by said ofiiciAl in a penal sum oat loss than unc-
i~.~,,~; half o#' the tttlut amount payable h}• Ilte terms ttl'tltis e•nntract. Sudt band shalt be duly executed by n yualilicd
corporale surely, canditionatt for the due;.and I'aithl'ul Imi•I'artnrtnce; al'thc canlract, and in additfan, shall pravicic I.
tltat ii'the contractor or his subcontractors foil to duly lay 1'ar any labor, tnalcrials, team hire, sustenance, pre
Vlsii7ttl, plovendur nr nthtr supplies used e-r ccrosumed by suclt cnn[tcector nr his subcontractor in perli~rrnstnct: of
i:^ :he work. ~ontrncted to be Clone, the surety wil! Itay the: sntnc in an amount oat e:xceedingthe: sum tipecified in the
boot:, logeiher with interest ai Ihs• ral~: al' ei~,ht per rent per annum. Unlesx such bond, when set reyuirt:d, is
xac~~ted, delivered and filed, no e:lxint in favor o6'the contractor arising under this contract shah be auditrd,
alt~r~eo ar paid. R: ce:rtilied or cashier's Chet+:l; or :t hank money order payable to the Treasurer ctf the: Stan; of !
olarado :-..ay ~cr accepted in lieu of a band. 'T'his provision is in compliance with ?$-26• I U6 GR5, as
amended. - ,
ND~:MNIFIGATIOI'+i
d, To the extent authorized by taµ~. the contractor shall indemnify, Save and bald harsnlcts the State, its - •
empltwcus and agents, again5t.any ;utd utl clnitn5, ei.unttgca, liilhii#ty and coon uweerds includintt cc,stx, e><flense:s,
and attorney tees incurred as a result c+l' ally' a+:t err +,ntiasiun by Cite e:otttrartar, nr its cntployt;es, agents, subcan- {
tractors, ur assignees purLuant is the Icrms of this contract. '
DISGRIMINA~iON AND ~iFi+'11LhtA'I"VE ACTION ~ ~ '
S, The contractor agrees to comply -vith Cite letter and spirit atthe C.otorada Antidiscrimination Act cif 1957,
as amended, and outer applicable law respce:ting c#iscrilrtiltation and unt'air employment practices t~•!~•.a-Q(}2.
CRS 19ti~ Replacement Vot,}, and as rcquirccE t-}• Executive Order. Equal Qpp.~rtunity and Ailirmati+•e .fiction.
dated April Ifs, 1975. Pursuarar nc~~re~ru, rlic',lirNn++•ing p,yat~i.tinrrs shall he ruprairtt'il in air' State rr~ntracr.s or
sud,Ctanlrtle'rs,
l•)uriltt; the perfcrrmancc elf lhi:e cr-nlrltct, tht: runtrttrtctr s+gr+a:Y as ii-tlc,ws:
l I 1 'I'l-c e:r+ntr;t~'I-s-• +vill nut -li~rrlnntt;ttc at;:nmt ally rlstt-I-+}•c~ -n• :q-I-li~:;ult ti-r e:utp#uynr+•rst hc:+annc trt•
lace, ,:rend, c:ett+ir. tsatiunul uri~in. +cx, ut;u•ir;r! titant~, rclit;it-n, unccstr}•. ntcntul tsr phy,ir:el h;sneti~:yt. ur
age. '1'hc contrnctor will;take: tt#'1+rmative ac;tiurt to insure that applicants ire etitployed, and that employees
are treated during employment. without r+:garcl to the above mentioned characteristics. Such action shall
include:, but oat be limited to the ti>#lowing: ctttplur•ntcltt, upgrading, demotion, or transfer, rc+:ruitmeni nr
recruitment advertising: layull's nr tcrminntittns; rates cif pay c)r other farms ~oC cetmpensatintt; and SCIe:c-
lion litr training. including alytre:ntt4cshilt..~ l-u c,+nu'actcu ugrr~ti trt ~tuat in canxpicuctui places, ;t+aiiahlc
to etnptctyces and applicants tier ernpl+tytncnt, notices to be praviefcd~by the contracting afticer setting faith
pravisietrts of this non-discriminntictn rrlause:, '
1Z) T'hc contractor wilt. in ail st,licittttians or advertiscmcnts fur employees placed by err nn hehtt!#'o#'thc
cc+ntractar, stela that all qu,tiilie:d ~pplie:ants will reruive contiiderntion tar employment without regard to
race; creed, eolar, national ori};irt, xex, marital status, religion.• ancestry, mental ar physical
handicap. ar age, . ,
f 3) -f he cutttrttclar will send to e;at: tt lal+c•,. trttiion +tr represcnl;ttiri• a#'+vprl;crs with which he has G-:-Ilectivc
harXaining agreement ar athrr ci-ntrart ~-r url-.lersl:tndittg, naticc to he Itr+~rided by the contracting afticer.
ad+•ising the lahar union or v:nrkcrs' rcirrescntati+•u rte the cuntractclr's cotnmittmcnt antler the I~wxet:utivc
Order, );goal Uppnrtunity and .4llirrttativc Artian. d:tlcrJ A pril 1 b, 1975, and at the rules, regulations, and
rclc+•snt Orders ctl' the Cetv~rn-~r.
t41 •I`hc aantrr-cu~r an~1 htbur uni-,nti ~++~i11 is-rai,h ;-tt ittli-rttrstiun wt~l ri;lt,-rIs rt:yuireret h~. l~\~aatli+'l• Unkr.
I:yu:ll Urs1+-srtun-Iy and Allirtnuei+•~ r1,;u~m --t' Aprik Ih. It)7S, and U} thr rulea, rcg:.tl:tti~.-us and C1rJrra of
the: Cint'crnc+r, ar pt,trsuctnt th~ret++. untt -viH permit access tot his httc+ks, records, and act:ousits h~• the crm-
tra~ting agcnc,~ and the or'tic : ul' the Cct+•ctn:-r nr !-is dt:signcr litr purtxtst:s UI' invcstigati+tlt let ascertain
campiiancc ++'itir such rules.. t~:eulatiuns anc# urc.le:r3.
t5) A labor etr~anizatiun +vill nett e.~xclueic ;use incht•iciu:el euhcr-e~ise qualilied I`rom Full menthcrship rights in
such tabor arganiration, nr +:xl;~.i ctn.' such inili+•ietual I'rs~m lncnthcr~hip in such lobar orEaniratictn ur dis-
criminKtc against any of its mrtnhtrs in thr !'oil clt~nyment r-l' t~~t~rk nppununity, because c-l' raco~. creed.
colter, se:~x, natinnal origin, ter altccStr~••
tb) rt labor organixatian, ~u tire: rmpl+tys'~a nr m~mhers th~reetl' ++'ill nrn aid, abet, incite, cumltcl c,r coerce:
the doing eyf env net dt:linec! its this cc,ntrlct ut be ~#iscrintin.ttttry ur t-bstruct ar preti•ent any prrsctn from
cssptplring with the pravisie~ns et# tills cc-rarcu:l err, n}• order issued thercuttdcr: ear attempt. either directly err
Irrtlire!e.'t#}', to :ctmmit any as clLlinccl in tins ~unlrnct lei l+e elia`rimin;ttnry'.
9{ :3-Ut 1r1,3 .,;tt:,: ~ .-i I,:-t!~s
RC+'I::~el l 1 ;ti
in the event of Grt contractor's non-compliance with'the non-discrimination clauses of this con-
tract or with any of such nrtes, regulations; or orders, this contract may be cancelled, terminated orsus-
pended in whole or in part and the contractor rr~ay be declared ineligible for further State contracts in
t+~;rl~t~i~'; i..:acCOrdanee with procedures,'authorized'in Executive Order, Equal Opportunity and Affirmative
Action of April 16, 1975 and the rules, regulations, or orders promulgated in accordance therev.irh, and
such other sanctions as. may be imposed and remedies as may be invoked as provided in Executive
ai.f; ;.,,r;+ ~, , . „.,Order, Equal Opportunity and AflltYrtative Action of April t 6, 1975, or by rules, regulations, +1r orders
t,. ,; ;, ~,~, , •.• . •• • •. , promulgated. in:accordance, iherewitit, ~ or as otherwise provided by' law. ' ~ . '
The contractor wil4 include the provrsiorrs r,~f prrrtz~eaph (1) through (8) in every sub-contract and
subcontractor purchase order unless exempt; d by rules, regulations, or orders issued pursuant to
fr..,.•:+~-~ .,, • ~ ~ Cxecutive Crder, Equal Cppartuaity and'Affir~trative Action of Agri! ! 6, 1975, so that such provisions
i, ,::;~.~ ~ , will be binding upon each subcontractor or vendor. `i'he contractor will take such action with respecE to
z+; ~nirl+ '~i~vi~~z . any sub-contracting or purchase order'as°khe contracting agency may direct, as a means of enforcing
such provisions, including sanctions for non-compliance; provided, however, that !n the event the con-
tractor becomes involved in, or, is threatened with, litigation With the sttbcantractor ar vendor as a resultb•to~;;~urti ~iiuiacl ~i',u~f~ dlre~tlon b~+`thr•contractlhg ageiicii, the isotitractar may request the Statergf, Colorado to enter
into such litigation- to protect the interest of tltie State of Colorado.
rd .1~:" ~• •. ~, r ~• 'Litf~r~ttT3f~1~(+rl~ .i):~`;'~~,:12! inpl~l G~i2iuAc-i~eil~ Ef3 ,~i+t~~~'~~+:.lU~•.tevLOR•Anb-f~A~ ~°~~~1~~>Rl~~vc~ r l ~~ :• ., F v.J' ' if"'i1 . '+ 7 i ~' l+ k 11 #ff ~ .f~lrl?tn~ ,:t+::. ,..:T~,~;r.-,7A'~~5 (it>i7~•: f1 ~~i~ r' }.,tit ~..i ~I~.•.
rovlsEon~o~'~-~~7-~d~ ~,~~ ~,~,;ror refer'eilcr:otCa{oradalaborere_•gppticablelathiscantractifpt:bliedir. ~ttv~tltiti the~Stag si~e'~tnde ` ake~'~erailndar'aiid ate tinancecf in whole or in pall by.~State•li~nds::
Wl;~:i+ F construciiaa contract for a pttblic ptoJect is td be awarded to a bidder, a tesident bidder shall be
3 '
ftlic~ ~ cd a pi ~~ fi;rehet against a lion-teaideht bidder i'ram a state ar foreign country equal to the preference given or
F tcyuired by ~•i:~ state or foreign country In which the non-resident bidder is a resident. If it is determined by the
nflicer respc~rrsible for awarding the bid that compliance with tt-is subsection .Ob may cause denial of federal funds.
j `'Which would othetwise be available or world otttttwlse t,r, ir. r,rrsistent with requirements of federal law, this sub-
rt'sectian shall be suspended, but only to the extend ncce~ssit;• to prevent denial of the moneys or to eliminate the
lnconsist cncy with federal requirements (section 8-! 9-1 f3 ! and 102, CRS).
GENERAL
l'7. ~ The laws of the Sttite •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 rat incor-
posted herein by reference which provides for arbitration by any extra judicial body or person ar which is other-
wise in conflict with said laws, rules and regulations shall lac considered null and void. Nothing contained in any
pravisiore incorporated herein by reference which purports tt~ negate this or any other special provision in whole or
in part s-srrll be valid'ar enforceable or available in any actior+ at law whether by way of cortlplaint, defense or other-
wise. r'.+ry 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 ail tirtyrs during the .performance of this Contract, the Contractor shall strictly adhere to ail applicable
federal and st;+te taws rules alnd, regulations that have been or may hereafter be established:
9. 'Che sig.ru-t~7ries hereto aver that they are familiar with IS-8-301, et, seq., (Bribery and Garrupt lnlluences)
and [ R-li-4d f , et. seq.. (Abase of Public ollicc), CRS 1978 IteplaCen~ent Vol., and that no violation ol'sucl~ pro-
visions is present. ~ -
10. The xit;natnrics nver'thet to their knowledge, na state employee has a personal or beaolicial interest whsrt-
sacver in the service ut property'describcd herein: ;•
IN u'1°i't~1:SS W1•iEREO~, the parties hereto have executed this Contract' oil the ~da~' lint abuve
written.
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RICHARD D. LAMM, GC
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ATTC}I•tNEY .t3ENERAL
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