HomeMy WebLinkAbout20092687.tiffSTATE OF COLORADO
DEPARTMENT OF LOCAL AFFAIRS
1313 Sherman Street, Suite 521
Denver, CO 80203
Phone: (303) 866-2156
FAX: (303) 866-4819
TDD: (303) 866-5300
September 30, 2009
The Honorable Bill Garcia, Chair
Weld County Board of Commissioners
915 10th Street
Greeley, CO 80632
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Rill Ritter, Jr.
Governor
Susan H. Kirkpatrick
Executive Director
RE:Colorado Waste Tire Program Funding for FY 2010/Clean up Contract - # 08-219
Dear Chairman Garcia:
The purpose of this letter is to respond to an email from Mr. Bruce Barker, Weld County Attorney, on September 28,
2009 regarding the above referenced contract.
As you may be aware, on August 18, 2009, Governor Bill Ritter announced a budget balancing plan to close a $320
million shortfall in the current 2009-10 state budget. As part of this budget balancing plan, the funds from the Waste
Tire Program are proposed to be transferred to the state's general fund through the remainder of the state's fiscal
year ending June 30, 2010. As a result of this budget balancing plan, DOLA has suspended the Waste Tire Clean-up,
Recycling Incentives and End-User/Processor Programs during this fiscal year.
Upon receipt of this letter, the current contract for the Waste Tire Program is formally terminated and any
remaining funds are de -obligated pursuant to Section 12 (c) of the contract.
12. Contract Termination. This Contract may be terminated as follows:
c) Termination for Convenience. The State may terminate this Contract at any time the State
desires. The State shall effect such termination by giving written notice of termination to the Contractor and
specifying the effective date thereof, at least twenty (20) days before the effective date of such termination. All
finished or unfinished documents and other materials as described in subparagraph 12.b) above shall, at the
option of the State, become its property. If the Contract is terminated by the State as provided herein, the
Contractor will be paid an amount which bears the same ratio to the total compensation as the services actually
performed bear to the total services of the Contractor covered by this Contract, less payments of compensation
previously made; provided, however, that if less than sixty percent (60%) of the services covered by this Contract
have been performed upon the effective date of such termination, the Contractor shall be reimbursed (in addition
to the above payment) for that portion of the actual out-of-pocket expenses (not otherwise reimbursed under this
Contract) incurred by the Contractor during the Contract period which are directly attributable to the uncompleted
portion of the services covered by this Contract.
If you would like to discuss this matter further, please contact Tony Hernandez, Director of the Division of Local
Government, at 303-866-4988.
Sincerely,
f.
Susan E. Kirkpatrick
Executive Director
Cc: Bruce Barker, Weld County Attorney
Tony Hernandez, Division of Local Government Director
Don Sandoval, DOLA Regional Manager
Tamra Hooper, DOLA Program Manager
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