HomeMy WebLinkAbout20091498.tiffRESOLUTION
RE: APPROVE CONTRACT AMENDMENT #2 FOR COLORADO WASTE TIRE GRANT
PROGRAM AND AUTHORIZE CHAIR TO SIGN
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, the Board has been presented with Contract Amendment #2 for the Colorado
Waste Tire Grant Program from the County of Weld, State of Colorado, by and through the Board
of County Commissioners of Weld County, on behalf of the Weld County Department of Public
Health and Environment, and the Colorado Department of Local Affairs, commencing
June 30, 2009, and ending June 30, 2010, with further terms and conditions being as stated in said
amendment, and
WHEREAS, after review, the Board deems it advisable to approve said amendment, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that Contract Amendment #2 for the Colorado Waste Tire Grant Program from
the County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, on behalf of the Weld County Department of Public Health and Environment, and
the Colorado Department of Local Affairs, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said amendment.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 29th day of June, A.D., 2009.
ATTEST:
Weld County Clerk to the Boa
BY: ,RAU_.
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David E. Long
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Date of signature 1113 /O
BOARD OF COUNTY COMMISSIONERS
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2009-1498
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COLORADO
Memorandum
TO:
From:
DATE:
SUBJECT:
William Garcia, Chair
Board of County Commissioners
Mark E. Wallace, MD, MPH, Director
Department of Public Health &
Environment
June 24, 2009
Amendment #2 to Colorado Waste Tire
Program Contract
Enclosed for Board review and approval is an amended contract between Weld County and the
State of Colorado through the Colorado Department of Local Affairs (DOLA), for additional
funding for the cleanup of illegal waste tire storage sites in Weld County. This amendment
modifies our original contract (December 2007) from $50,000 to $100,000 to cover the cost of
recycling of the tires. Outreach will be done through public service announcements, flyers,
posters, and word-of-mouth.
The term of the modified contract is from June 30, 2009, thru June 30, 2010. The funding
source is from DOLA (Colorado Waste Tire Grant Program) via a surcharge to tire purchasers
that was authorized in HB 95-1238, CRS 24-32-114(1).
I recommend approval of this amendment.
2009-1498
STATE OF COLORADO
DEPARTMENT OF LOCAL AFFAIRS
1313 Sherman Street, Suite 521
Denver, Colorado 80203
Phone: (303) 866-2771
FAX: (303) 866-4819
TDD: (303) 866-5300
August 27, 2009
The Honorable David Long, Chair
Weld County Board of Commissioners
915 10th Street
Greeley, CO 80632
Bill Ritter, Jr.
Governor
Susan E. Kirkpatrick
Executive Director
RE: Colorado Waste Tire Program Funding for FY 2010/Clean up Contract -# 08-219
The purpose of this letter is to inform you of recent developments which affect the department's ability to
consider Waste Tire Program applications, including Clean-up, Recycling Incentives, and End-
User/Processor.
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 plan, $3.6 million has been eliminated from the Waste Tire
Program through the remainder of this fiscal year ending June 30, 2010. As a result, the Waste Tire Clean-
up, Recycling Incentives, and End-User/Processor Programs have been suspended until future revenues
become available.
Upon receipt of this letter, the current contract your local government has through the Waste Tire
program (# 08-219) is formally rescinded and remaining funds have been deobliqated. Please
reference the General Provisions for the Recycling Incentive Reimbursement Application;
2. Contract Termination. This Contract may be terminated as follows:
a.) Termination Due to Loss of Funding. The parties hereto expressly recognize that the
Contractor is to be paid, reimbursed, or otherwise compensated with funds provided to the
State for the purpose of contracting for the services provided for herein, and therefore, the
Contractor expressly understands and agrees that all its rights, demands and claims to
compensation arising under this Contract are contingent upon receipt of such funds by the
State. In the event that such funds or any part thereof are not received by the State, the
State may immediately terminate or amend this Contract to adjust the amount payable
hereunder.
At this time, we do not know exactly when applications for these programs will be accepted; however, we will
post information on our website (www.dola.colorado qov/wastetire) as soon as it becomes available. If you
have any questions, please contact Tamra Hooper, Program Manager, at 303-866-6398. Thank you for your
understanding and patience.
Sincerely,
cci"Susan E. Kirkpa nck
Executive Director
Cc: Trevor Jiricek, Director, Environmental Health Services
Don Sandoval, DOLA Regional Manager
Tamra Hooper, Program Manager
STATE OF COLORADO
DEPARTMENT OF LOCAL AFFAIRS
1313 Sherman Street, Suite 521
Denver. CO 80203
Phone: (303) 866-2771
FAX: (303) 866-0819
TDD: (303) 866-5300
August 11, 2009
rt-`IL q�Tfl
ERVIC,,
Trevor Jiricek, Director
Weld County Environmental Health
1555 N. 17th Ave.
Greeley, CO 80631
RE: Waste Tire Clean up Contract - # 08-219
Dear Mr. Jiricek:
Bill Ritter, Jr.
Governor
Susan E. Kirkpatrick
Executive Director
Attached is a fully executed copy of the Waste Tire Clean Up amendment # 2 for Weld County. The
new expiration date of this contract is June 30, 2010 and the amount of the award has been
increased to $100,000.00.
If you have any questions, please call me at 303.866.6398.
Sincerely
amra Hooper
Program Manager
Cc: Program file
koo'y
WT # 08-219 - Weld County Cleanup
CONTRACT AMENDMENT
Amendment #: 2
Original Contract CLIN #: 01078 and 00142
1)
Encumbrance #: L8WT219
Amendment CLIN #: Qq- c, 1 q t-iZ
PARTIES
This Amendment to the above -referenced Original Contract (hereinafter called the Contract) is entered into by
and between Weld County (hereinafter called "Contractor"), and the STATE OF COLORADO (hereinafter
called the "State") acting by and through the Department of Local Affairs, (hereinafter called "DOLA").
2) EFFECTIVE DATE AND ENFORCEABILITY
This Amendment shall not be effective or enforceable until it is approved and signed by the Colorado State
Controller or designee (hereinafter called the "Effective Date"). The State shall not be liable to pay or
reimburse Contractor for any performance hereunder including, but not limited to, costs or expenses incurred,
or be bound by any provision hereof prior to the Effective Date.
3) FACTUAL RECITALS
The Parties entered into the Contract for the clean up of illegally disposed tires in Weld County. The county
plans to set up a collection site for county residents to deliver their waste tires for recycling and reuse.
Approximately 75,000 tires will be shredded, recycled, and/or moved to a licensed storage facility. The
Contractor, Weld County, will oversee and manage the Project.
4) CONSIDERATION -COLORADO SPECIAL PROVISIONS
The Parties acknowledge that the mutual promises and covenants contained herein and other good and
valuable consideration are sufficient and adequate to support this Amendment. The Parties agree to replacing
the Colorado Special Provisions with the most recent version (if such have been updated since the Contract
and any modification thereto were effective) as part consideration for this Amendment.
5) LIMITS OF EFFECT
This Amendment is incorporated by reference into the Contract, and the Contract and all prior amendments
thereto, if any, remain in full force and effect except as specifically modified herein.
6) MODIFICATIONS
The Amendment and all prior amendments thereto, if any, are modified as follows:
a. Main Contract Boilerplate: #5. Compensation and Method of Payment: Grant: in the Original
Contract is modified by deleting "FIFTY THOUSAND AND XX/100 Dollars ($ 50,000.00)" and inserting in
lieu there of "ONE HUNDRED THOUSAND AND XX/100 Dollars ($100,000.00)."
b. Insert the following after item #23:
"24. Indemnification.
i. Intergovernmental Grants
If this is an intergovernmental Grant, the provisions hereof shall not be construed or interpreted as a
waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions,
of the Colorado Governmental Immunity Act, CRS 24-10-101 et seq., or the Federal Tort Claims Act,
28 U.S.C. 2671 et seq., as applicable, as now or hereafter amended.
ii. Non -Intergovernmental Grants
Grantee shall indemnify, save, and hold harmless the State, its employees and agents, against any
and all claims, damages, liability and court awards including costs, expenses, and attorney fees and
related costs, incurred as a result of any act or omission by Grantee, or its employees, agents,
subcontractors, or assignees pursuant to the terms of this Grant."
c. Special Provisions. The Special Provisions located on page 7 of Contract are replaced with the new
Special Provisions detailed in the attached Exhibit B-3.
d. Scope of Services: #1 Project Description, Objectives and Requirements: are modified by deleting:
"Waste Tire Program funds in the amount up to FIFTY THOUSAND XX/100 Dollars ($ 50 000.00) are
provided under this Contract to finance project costs. The contractor is expected to provide SIXTEEN
Page 1 of 6
Form Revised. 11/20/08
WT # 08-219 - Weld County Cleanup
THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT
' Persons signing for Contractor hereby swear and affirm that they are authorized to act on Contractor's
behalf and acknowledge that the State is relying on their representations to that effect.
CONTRACTOR
Weld County
By: William F. Garcia
STATE OF COLORADO
Bill Ritter, Jr. GOVERNOR
Department of Local Affairs
Name of Authorized Individual
By: ...4,.---111r .4 "
Title:Chair, Board Weld County Commissions
s y Susan E. atrick, Executive Director
OffityaI Title ut orized Individual
Date: }[� ru ,6f Da);
�j 1
`Signature
Date: JUN 2 9 2009
PRE -APP VED FORM CONTR CT REVIEWER
e y
Tamra Hooper, rogram anager
Dater
ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State Contracts. This Contract is not valid until
signed and dated below by the State Controller or delegate. Contractor is not authorized to begin
performance until such time. If Contractor begins performing prior thereto, the State of Colorado is not
obligated to pay Contractor for such performance or for any goods and/or services provided hereunder,
STATE CONTROLLER
David J. McDermott, CPA( ll
By: C �1 .
Rose Marie Auten, Controller Delegate
Date: \ -(Dc ° Lai
Page 3 of 6
Form Revised: 11/20/08
WT # 08-219 - Weld County Cleanup
EXHIBIT B-3
SPECIAL PROVISIONS
L
Page 4 of 6
Form Revised. 11/20/08
WT # 08-219 - Weld County Cleanup
SPECIAL PROVISIONS
These Special Provisions apply to all contracts except where noted in italics.
1. CONTROLLER'S APPROVAL. CRS §24-30-202(1). This contract shall not be valid until it has been approved
by the Colorado State Controller or designee.
2. FUND AVAILABILITY. CRS §24-30-202(5.5). 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.
3. GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be construed or interpreted as a
waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the
Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C.
§§1346(b) and 2671 et seq., as applicable now or hereafter amended.
4. INDEPENDENT CONTRACTOR. Contractor shall perform its duties hereunder as an independent contractor
and not as an employee. Neither Contractor nor any agent or employee of Contractor shall be deemed to be an
agent or employee of the State. Contractor and its employees and agents are not entitled to unemployment
insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide
such coverage for Contractor or any of its agents or employees. Unemployment insurance benefits will be available
to Contractor and its employees and agents only if such coverage is made available by Contractor or a third party.
Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes incurred
pursuant to this contract. Contractor shall not have authorization, express or implied, to bind the State to any
agreement, liability or understanding, except as expressly set forth herein. Contractor shall (a) provide and keep in
force workers' compensation and unemployment compensation insurance in the amounts required by law, (b)
provide proof thereof when requested by the State, and (c) be solely responsible for its acts and those of its
employees and agents.
5. COMPLIANCE WITH LAW. Contractor shall strictly comply with all applicable federal and State laws, rules, and
regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and
unfair employment practices.
6. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the
interpretation, execution, and enforcement of this contract. Any provision included or incorporated herein by
reference which conflicts with said laws, rules, and regulations shall be null and void. Any provision incorporated
herein by reference which purports to negate this or any other Special Provision in whole or in part shall not 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 shall not invalidate the remainder of this contract,
to the extent capable of execution.
7. BINDING ARBITRATION PROHIBITED. The State of Colorado does not agree to binding arbitration by any
extra -judicial body or person. Any provision to the contrary in this contact or incorporated herein by reference shall
be null and void.
8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. State or other public funds
payable under this contract shall not be used for the acquisition, operation, or maintenance of computer software in
violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies and warrants that,
during the term of this contract and any extensions, Contractor has and shall maintain in place appropriate systems
and controls to prevent such improper use of public funds. If the State determines that Contractor is in violation of
this provision, the State may exercise any remedy available at law or in equity or under this contract, including,
without limitation, immediate termination of this contract and any remedy consistent with federal copyright laws or
applicable licensing restrictions.
9. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. CRS §§24-18-201 and 24-50-507. The
signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest
whatsoever in the service or property described in this contract. Contractor has no interest and shall not acquire
any interest, direct or indirect, that would conflict in any manner or degree with the performance of Contractor's
services and Contractor shall not employ any person having such known interests.
Page 5 of 6
Form Revised: 11/20/08
WT # 08-219 - Weld County Cleanup
10. VENDOR OFFSET. CRS §§24-30-202 (1) and 24-30-202.4. [Not Applicable to intergovernmental
agreements] Subject to CRS §24-30-202.4 (3.5), the State Controller may withhold payment under the State's
vendor offset intercept system for debts owed to State agencies for: (a) unpaid child support debts or child support
arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in CRS §39-21-101, et seq.; (c)
unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) amounts required to be
paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State as a result of final
agency determination or judicial action.
11. PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101. [Not Applicable to agreements relating to the
offer, issuance, or sale of securities, investment advisory services or fund management services,
sponsored projects, intergovernmental agreements, or information technology services or products and
services] Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal
alien who will perform work under this contract and will confirm the employment eligibility of all employees who are
newly hired for employment in the United States to perform work under this contract through participation in the E -
Verify Program or the Department program established pursuant to CRS §8-17.5-102(5)(c), Contractor shall not
knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract with a
subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an
illegal alien to perform work under this contract. Contractor (a) shall not use E -Verify Program or Department
program procedures to undertake pre -employment screening of job applicants while this contract is being
performed, (b) shall notify the subcontractor and the contracting State agency within three days if Contractor has
actual knowledge that a subcontractor is employing or contracting with an illegal alien for work under this contract,
(c) shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien
within three days of receiving the notice, and (d) shall comply with reasonable requests made in the course of an
investigation, undertaken pursuant to CRS §8-17.5-102(5), by the Colorado Department of Labor and Employment.
If Contractor participates in the Department program, Contractor shall deliver to the contracting State agency,
Institution of Higher Education or political subdivision a written, notarized affirmation, affirming that Contractor has
examined the legal work status of such employee, and shall comply with all of the other requirements of the
Department program. If Contractor fails to comply with any requirement of this provision or CRS §8-17.5-101 et
seq., the contracting State agency, institution of higher education or political subdivision may terminate this contract
for breach and, if so terminated, Contractor shall be liable for damages.
12. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76.5-101. Contractor, if a natural person
eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (a) is a
citizen or otherwise lawfully present in the United States pursuant to federal law, (b) shall comply with the
provisions of CRS §24-76.5-101 et seq., and (c) has produced one form of identification required by CRS §24-76.5-
103 prior to the effective date of this contract.
Revised 1-1-09
Page 6 of 6
Form Revised: 11/20/08
WT # 08-219 - Weld County Cleanup
THOUSAND SIX HUNDRED XX/100 Dollars ($16,600.001 in Project financing, and, in any event, is
responsible for all Project costs in excess of FIFTY THOUSAND XX/100 Dollars ($ 50,000.00)."
and inserting in lieu there of:
"Waste Tire Program funds in the amount up to ONE HUNDRED THOUSAND AND XX/100 Dollars
($100,000.00) are provided under this Contract to finance project costs. The contractor is expected to
provide SIXTEEN THOUSAND SIX HUNDRED AND XX/100 Dollars ($16,600.00) in Project financing, and,
in any event, is responsible for all Project costs in excess of ONE HUNDRED THOUSAND AND XX/100
Dollars ($100,000.00)."
e. Scope of Services: #3 Budget: is modified by deleting the current Budget and inserting new Budget.
• "Budget.
Expenditures
Tire Removal, Processing and
Transport
$116,600.00
Total $116,600.00
f. Scope of Services: #5 Payment Schedule: is modified by deleting current Payment Schedule and
inserting new Payment Schedule.
Grant Payments
$90,000 Interim payments reimbursing the Contractor for actual expenditures made in
the performance of this Contract. Reimbursement will be at $1.05 per tire
without rims, $2.10 per tire with rims, and $5.25 per truck/small tractor tire
without rims. Payments shall be based upon properly documented financial
and narrative status reports detailing expenditures to date. The narrative
report must include the number of tires removed per each reimbursement
request.
$10,000 Final payment consisting of 10% of the total grant to be made upon the
completion of the Project and submission of final financial and narrative status
reports documenting the expenditure of all Waste Tire Program funds for which
payment has been requested.
$100,000 Total
g. Time of Performance: "Time of Performance" is modified by deleting "June 30, 2009" and inserting
new "June 30, 2010".
7) START DATE
This Amendment shall take effect on the later of its Effective Date or June 30, 2009.
8) ORDER OF PRECEDENCE
Except for the Special Provisions, in the event of any conflict, inconsistency, variance, or contradiction
between the provisions of this Amendment and any of the provisions of the Contract, the provisions of this
Amendment shall in all respects supersede, govern, and control. The most recent version of the Special
Provisions incorporated into the Contract or any amendment shall always control other provisions in the
Contract or any amendments.
9) AVAILABLE FUNDS
Financial obligations of the state payable after the current fiscal year are contingent upon funds for that
purpose being appropriated, budgeted, or otherwise made available.
Page 2 of 6
Form Revised 11/20/08
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