HomeMy WebLinkAbout20051837.tiff RESOLUTION
RE: APPROVE CONTRACT FOR WASTE TIRE CLEAN-UP AND RECYCLING PROJECT
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 a Contract for the Waste Tire Clean-Up and
Recycling Project Grant between 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 upon full
execution of said contract,and ending December 31,2005,with further terms and conditions being
as stated in said contract, and
WHEREAS,after review, the Board deems it advisable to approve said, 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 the Contract for the Waste Tire Clean-Up and Recycling Project Grant
between 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.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 27th day of June, A.D., 2005.
��'�❑�� BOARD OF COUNTY COMMISSIONERS
.O 1Ea Uea�, /� G WELD COUNTY, COLORADO
•
• /1 / / %/Z/-�i
iaei e William H. Jerk , hair
u Clerk to the Board
°[1,1�� ! / / / i e, P o-Tem
Deputy Clerk to the Board
Day' E. Long RO D RM: "(p_,
Robert D. MasderV
7!I
unty Attorney
GI nn Vaa c=�
Date of signature: 7-Q'-0 s-
2005-1837
HL0032
Memorandum
lIDTO: William H. Jerke, Chair
OBoard of County Commissioners
ei From: Mark E. Wallace, MD, MPH,Director
COLORADO Department of Public Health&
Environment A ��0�
DATE: June 21,2005 ��lY�"`�
SUBJECT: Contract with DOLA,
Colorado Waste Tire
Program
Enclosed for Board review and approval is a contract with the Colorado Department of Local
Affairs, Division of Local Government, for funding to clean-up seven sites where tires are
currently stored and to conduct a"tire amnesty weekend". The contract will cover the cost of the
removal of the tires and marketing for"tire amnesty weekend".
The contract is for$56,300. The funding source is from DOLA via a surcharge to tire purchasers
that was authorized in HB 95-1238, CRS 24-32-114(1).
I recommend approval of this grant request.
2005-1837
•
Waste Tire Cleanup-#05-105
Rev. 6/13/2005
Contract Routing#:Q/spy)
Vendor#:846000813-M
CONTRACT
This Contract, made by and between the State of Colorado for the use and benefit of the Department of
Local Affairs, 1313 Sherman Street, Denver, Colorado 80203 hereinafter referred to as the State, and
Weld County, 915 10th Street, Greeley, Colorado 80632, hereinafter referred to as the Contractor.
FACTUAL RECITALS
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 289,
Appropriate Code 372, Org. Unit LFB0, GBL WT59, Contract Encumbrance Number L5WT105; and
Required approval, clearance and coordination has been accomplished from and with appropriate
agencies; and
C.R.S. 25-17-202 (3)(a)creates the'Waste Tire Cleanup Cash Fund"for the purpose of providing
financial assistance to counties and municipalities for the disposal, recycling or reuse of illegally dumped
or stored waste tires; and
The moneys from the waste tire cleanup fund shall be distributed at the authority of the executive director
of the Department of Local Affairs to eligible local governmental entities upon their application for grants
to finance the removal and recycling of illegally dumped or stored waste tires; and
The Contractor is an eligible county government and has been awarded a waste tire cleanup grant in
accordance with applicable statutes; and
C.R.S. 24-32-114(1)(f)states that waste tire cleanup funds, encumbered by June 30 of a fiscal year shall
roll forward for expenditure in the following fiscal year.
NOW THEREFORE, it is hereby agreed that:
1. Scope of Services. In consideration for the monies to be received from the State, the Contractor
shall do, perform, and carry out, in a satisfactory and proper manner, as determined by the State, all work
elements as indicated in the "Scope of Services," set forth in the attached Exhibit A, herein referred to as
the "Project." Costs incurred prior to the date of execution of this Contract by the State Controller or
designee shall not be reimbursed by the State.
2. Responsible Administrator. The performance of the services required hereunder shall be
under the direct supervision of Trevor Jiricek, an employee or agent of the Contractor,who is hereby
designated as the responsible administrator of the Project. At any time the Contractor wishes to change
the responsible administrator, the Contractor shall propose and seek the State's approval of such
replacement responsible administrator. The State's approval shall be evidenced through a Contract
Amendment to this contract initiated by the State as set forth in paragraph 8.b), or 8.c)of this Contract.
Until such time as the State concurs in the replacement responsible administrator, the State may direct
that Project work be suspended.
3. Time of Performance. This Contract shall become effective upon the date of proper execution
of this Contract by the State Controller or designee. The Project contemplated herein shall commence as
soon as practicable after the execution of this Contract and shall be undertaken and performed as set
forth in the"Time of Performance" section of Exhibit A. Expenses incurred by the Contractor in
association with the Project prior to execution of this Contract by the State Controller or designee shall
not be considered eligible expenditures for reimbursement by the State. The Contractor agrees that time
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is of the essence in the performance of its obligations under this Contract and that completion of the
Project shall occur no later than the completion date set forth in the "Time of Performance"section of
Exhibit A.
4. Authority to Enter into Contract and Proceed with Project. The Contractor assures and
warrants that it possesses the legal authority to enter into this Contract. The person signing and
executing this Contract on behalf of the Contractor does hereby warrant and guarantee that he/she has
full authorization to execute this Contract. In addition, the Contractor represents and warrants that it
currently has the legal authority to proceed with the Project.
5. Compensation and Method of Payment. In consideration for the work and services to be
performed hereunder, the State agrees to provide to the Contractor a grant from the Waste Tire Cleanup
Cash Fund in an amount not to exceed FIFTY-SIX THOUSAND THREE HUNDRED AND XX/100 Dollars
($56,300.00). The method and time of payment of such grant funds shall be made in accordance with the
"Payment Schedule"set forth in Exhibit A.
6. Reversion of Excess Funds to the State.
a) Any State funds not required for completion of the Project will be deobligated by the
State.
b) It is expressly understood that if the Contractor receives funds from this Contract in
excess of its fiscal year spending limit, all such excess funds from this Contract shall revert to the
State. Under no circumstances shall excess funds from this Contract be refunded to other
parties.
7. Financial Management and Budget. At all times from the effective date of this Contract until
completion of the Project, the Contractor shall maintain properly segregated accounts of Waste Tire
Cleanup funds, matching funds, and other funds associated with the Project. All receipts and
expenditures associated with the Project shall be documented in a detailed and specific manner, and
shall be in accordance with the "Budget"section set forth in Exhibit A.
8. Modification and Amendment.
a) Modification by Operation of Law. This Contract is subject to such modifications as
may be necessitated by changes in federal or state law or requirements. Any such required
modifications shall be incorporated into and be part of this Contract as if fully set forth herein.
b) Unilateral Amendment. The State may unilaterally modify the following portions of
this Contract when such modifications are requested by the Contractor or determined by the
State to be necessary and appropriate. In such cases, the Amendment is binding upon proper
execution of the Amendment by the State Controller's designee and without the signature of the
Contractor.
i) Paragraph 2 of this Contract, "Responsible Administrator";
H) Paragraph 3 of Exhibit A, Scope of Services "Time of Performance";
Hi) Paragraph 4 of Exhibit A, Scope of Services "Remit Address";
iv) Paragraph 5 of Exhibit A, Scope of Services"Payment Schedule";
Contractor must submit a written request to the Department if modifications are required.
Amendments to this Contract for the provisions outlined in this Paragraph 8 b. i)through iv):
Responsible Administrator, Time of Performance, Remit Address, or Payment Schedule, can be
executed by the State (Exhibit B1).
c) Bilateral Amendment. In the following circumstances, modifications shall be made by
an Amendment signed by the Contractor, the Executive Director of the Department and
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the State Controller's designee. Such Amendments must be executed by the
Contractor then the State and are binding upon proper execution by the State
Controller's designee.
i) when any other material modifications, as determined by the State, are proposed
to Exhibit A or any other Exhibits;
ii) when additional or less funding is needed and approved and modifications are
required to Paragraph 5 of this Contract, "Compensation and Method of Payment"
as well as to Exhibit A"Budget"and"Payment Schedule";
iii) when there are additional federal or state statutory or regulatory compliance
changes in accordance with Paragraph 21 of this Contract.
Such Bilateral Amendment may also incorporate any modifications allowed to be made by
Unilateral Amendment as set forth in subparagraph 8.b)of this paragraph.
Upon proper execution and approval, such Amendment(Exhibit B2) shall become an amendment
to the Contract, effective on the date specified in the amendment. No such amendment shall be
valid until approved by the State Controller or such assistant as he may designate. All other
modifications to this Contract must be accomplished through amendment to the contract pursuant
to fiscal rules and in accordance with subparagraph 8 d).
d) Other Modifications. If either the State or the Contractor desired to modify the terms
of this Contract other than as set forth in subparagraphs b)and c)above, written notice of the
proposed modification shall be given to the other party. No such modification shall take effect
unless agreed to in writing by both parties in an amendment to this Contract properly executed
and approved in accordance with applicable law. Any amendment required per this
subparagraph will require the approval of other state agencies as appropriate, e.g. Attorney
General, State Controller, etc.
Such Amendment may also incorporate any modifications allowed to be made by Unilateral and
Bilateral Amendment as set forth in subparagraphs 8.b)or 8.c)of this paragraph.
9. Audit.
a) Discretionary Audit. The State, through the Executive Director of the Department, the
State Auditor, or any of their duly authorized representatives and the federal government or any
of its duly authorized representatives shall have the right to inspect, examine and audit the
Contractor's and any subcontractor's records, books, accounts and other relevant documents.
For the purposes of discretionary audit, the State specifically reserves the right to hire an
independent Certified Public Accountant of the State's choosing. A discretionary audit may be
requested at any time and for any reason from the effective date of this Contract until five (5)
years after the date of final payment for this Project is received by the Contractor, provided that
the audit is performed during normal business hours.
b) Mandatory Audit. Whether or not the State or the federal government calls for a
discretionary audit as provided above, the Contractor shall include the Project in its annual audit
report as required by the Colorado Local Govemment Audit Law, 29-1-601, et seq, C.R.S., and
State implementing rules and regulations. Such audit reports shall be simultaneously submitted
to the Department and the State Auditor. Thereafter, the Contractor shall supply the Department
with copies of all correspondence from the State Auditor related to the relevant audit report. If the
audit reveals evidence of non-compliance with applicable requirements, the Department reserves
the right to institute compliance or other appropriate proceedings notwithstanding any other
judicial or administrative actions filed pursuant to 29-1-607 or 29-1-608, C.R.S.
10. Conflict of Interest. The Contractor shall comply with the provisions of 18-8-308 and 24-18-101
through 24-18-109, C.R.S.
Page 3 of 8
11. Contract Suspension. If the Contractor fails to comply with any contractual provision,the State
may, after notice to the Contractor, suspend the Contract and withhold further payments or prohibit the
Contractor from incurring additional obligations of contractual funds, pending corrective action by the
Contractor or a decision to terminate in accordance with provisions herein. The State may determine to
allow such necessary and proper costs which the Contractor could not reasonably avoid during the period
of suspension provided such costs were necessary and reasonable for the conduct of the Project.
12. 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.
b) Termination for Cause. If, through any cause, the Contractor shall fail to fulfill in a
timely and proper manner its obligations under this Contract, or if the Contractor shall violate any
of the covenants, agreements, or stipulations of this Contract, the State shall thereupon have the
right to terminate this Contract for cause by giving written notice to the Contractor of such
termination and specifying the effective date thereof, at least twenty(20)days before the effective
date of such termination. In that event, all finished or unfinished documents, data, studies,
surveys, drawings, maps, models, photographs, and reports or other material prepared by the
Contractor under this Contract shall, at the option of the State, become its property, and the
Contractor shall be entitled to receive just and equitable compensation for any satisfactory work
completed on such documents and other materials.
Notwithstanding the above, the Contractor shall not be relieved of liability to the State for any
damages sustained by the State by virtue of any breach of the Contract by the Contractor, and
the State may withhold any payments to the Contractor for the purpose of offset until such time as
the exact amount of damages due the State from the Contractor is determined.
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.
13. Integration. This Contract, as written, with attachments and references, is intended as the
complete integration of all understandings between the parties at this time and no prior or
contemporaneous addition, deletion or modification hereto shall have any force or effect whatsoever,
unless embodied in a written authorization or contract amendment incorporating such changes, executed
and approved pursuant to paragraph 8 of this Contract and applicable law.
14. Severability. To the extent that this Contract may be executed and performance of the
obligations of the parties may be accomplished within the intent of the Contract, the terms of this Contract
are severable, and should any term or provision hereof be declared invalid or become inoperative for any
reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The
Page 4 of 8
waiver of any breach of a term hereof shall not be construed as waiver of any other term nor as waiver of
a subsequent breach of the same term.
15. Insurance.
A) The contractor shall obtain, and maintain at all times during the term of this contract,
insurance in the following kinds and amounts.
1. Workers'Compensation Insurance as required by state statute, and Employer's Liability
Insurance covering all of contractor's employees acting within the course and scope of their
employment.
2. Commercial General Liability Insurance written on ISO occurrence form CG 0001 10/93
or equivalent, covering premises operations, fire damage, independent contractors, products
and completed operations, blanket contractual liability, personal injury, and advertising
liability with minimum limits as follows:
a) $1,000,000 each occurrence;
b) $1,000,000 general aggregate;
c) $1,000,000 products and completed operations aggregate; and
d) $50,000 any one fire.
If any aggregate limit is reduced below$1,000,000 because of claims made or paid, the
contractor shall immediately obtain additional insurance to restore the full aggregate limit and
furnish to the State a certificate or other document satisfactory to the State showing
compliance with this provision.
3. Automobile Liability Insurance covering any auto (including owned, hired and non-owned
autos)with a minimum limit as follows: $1,000,000 each accident combined single limit.
B) The State of Colorado shall be named as additional insured on the Commercial General
Liability and Automobile Liability Insurance policies (leases and construction contracts will
require the additional insured coverage for completed operations on endorsements CG 2010
11/85, CG 2037, or equivalent). Coverage required of the contract will be primary over any
insurance or self-insurance program carried by the State of Colorado.
C) The Insurance shall include provisions preventing cancellation or non-renewal without at least
45 days prior notice to the State by certified mail.
D) The contractor will require all insurance policies in any way related to the contract and
secured and maintained by the contractor to include clauses stating that each carrier will
waive all rights of recovery, under subrogation or otherwise, against the State of Colorado, its
agencies, institutions, organizations, officers, agents, employees and volunteers.
E) All policies evidencing the insurance coverages required hereunder shall be issued by
insurance companies satisfactory to the State.
F) The contractor shall provide certificates showing insurance coverage required by this contract
to the State within 7 business days of the effective date of the contract, but in no event later
than the commencement of the services or delivery of the goods under the contract. No later
than 15 days prior to the expiration date of any such coverage,the contractor shall deliver the
State certificates of insurance evidencing renewals thereof. At any time during the term of
this contract, the State may request in writing, and the contractor shall thereupon within 10
days supply to the State, evidence satisfactory to the State of compliance with the provisions
of this section.
G) Notwithstanding subsection A of this section, if the contractor is a "public entity'within the
meaning of the Colorado Governmental Immunity Act CRS 14-10-101, et seq., as amended
Page 5 of 8
("ACT"), the contractor shall at all times during the term of this contract maintain only such
liability insurance, by commercial policy or self-insurance, as is necessary to meet its
liabilities under the Act. Upon request by the State, the contractor shall show proof of such
insurance satisfactory to the State.
16. Binding on Successors. Except as herein otherwise provided, this agreement shall inure to the
benefit of and be binding upon the parties, or any subcontractors hereto, and their respective successors
and assigns.
17. Assignment. Neither party, nor any subcontractors hereto, may assign its rights or duties under
this Contract without the prior written consent of the other party. No subcontract or transfer of Contract
shall in any case release the Contractor of responsibilities under this Contract.
18. Survival of Certain Contract Terms. Notwithstanding anything herein to the contrary, the
parties understand and agree that all terms and conditions of this Contract and the exhibits and
attachments hereto which may require continued performance or compliance beyond the termination date
of the Contract shall survive such termination date and shall be enforceable by the State as provided
herein in the event of such failure to perform or comply by the Contractor or its subcontractors.
19. Successor in Interest. In the event the Contractor is an entity formed under intergovernmental
agreement and the project is for the acquisition, construction or reconstruction of real or personal property
to be used as a public facility or to provide a public service, the Contractor warrants that it has established
protections that ensure that, in the event the Contractor entity ceases to exist, ownership of the property
acquired or improved shall pass to a constituent local government or other eligible governmental
successor in interest, or other successor if specifically authorized in Exhibit A, so that the property can
continue to be used as a public facility or to provide a public service.
20. Non-Discrimination. The Contractor agrees to comply with the letter and the spirit of all
applicable state and federal laws and requirements with respect to discrimination and unfair employment
practices.
21. Compliance with Applicable Laws. At all times during the performance of this Contract, the
Contractor shall strictly adhere to all applicable Federal and State laws that have been or may hereafter
be established.
22. Governmental Immunity. Notwithstanding anything herein to the contrary, 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, protection, or other provisions of the"Colorado Governmental Immunity Act", Section 24-
10-101, et seq., CRS, as now or hereafter amended. The parties understand and agree that the liability of
the State for claims for injuries to persons or property arising out of negligence of the State of Colorado,
its departments, institutions, agencies, boards, officials and employees is controlled and limited by the
provisions of Section 24-10-101, et seq., CRS, as now or hereafter amended and the risk management
statutes, Section 24-30-1501, et seq., CRS, as now or hereafter amended.My liability of the State
created under any other provision of this contract, whether or not incorporated herein by reference, shall
be controlled by, limited to, and otherwise modified so as to conform to, the above cited laws.
23. Order of Precedence. In the event of conflicts or inconsistencies between this contract and its
exhibits or attachments, such conflicts or inconsistencies shall be resolved by reference to the documents
in the following order of priority:
A. Colorado Special Provisions
B. Contract
C. The Scope of Services, Exhibit A
Page 6 of 8
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(For Use Only with Inter-Governmental Contracts)
1. CONTROLLERS APPROVAL.CRS 24-30-202(1)
This contract shall not be deemed valid until it has been approved by the Controller of the State of Colorado or such assistant as he may
designate.
2. FUND AVAILABILITY.CRS 24-30-202(5.5)
Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated,
budgeted,and otherwise made available.
3. INDEMNIFICATION.
To the extent authorized by law,the contractor shall indemnify,save,and hold harmless the State against any and all claims,damages,liability
and court awards including costs,expenses,and attomey fees incurred as a result of any act or omission by the Contractor, or its employees,
agents,subcontractors,or assignees pursuant to the terms of this contract.
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,
protection,or other provisions for the parties,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.
4. INDEPENDENT CONTRACTOR.4 CCR 801-2
THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE.
NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE OR SHALL BE DEEMED TO BE AN
AGENT OR EMPLOYEE OF THE STATE.CONTRACTOR SHALL PAY WHEN DUE.ALL REQUIRED EMPLOYMENT TAXES AND INCOME
TAX AND LOCAL HEAD TAX ON ANY MONIES PAID BY THE STATE PURSUANT TO THIS CONTRACT.CONTRACTOR ACKNOWLEDGES
THAT THE CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE
CONTRACTOR OR THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE
PROVIDE SUCH COVERAGE.CONTRACTOR SHALL HAVE NO AUTHORIZATION,EXPRESS OR IMPLIED,TO BIND THE STATE TO ANY
AGREEMENTS,LIABILITY,OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN.CONTRACTOR SHALL PROVIDE AND
KEEP IN FORCE WORKERS'COMPENSATION(AND PROVIDE PROOF OF SUCH INSURANCE WHEN REQUESTED BY THE STATE)AND
UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW,AND SHALL BE SOLELY RESPONSIBLE FOR
THE ACTS OF THE CONTRACTOR,ITS EMPLOYEES AND AGENTS.
5. NON-DISCRIMINATION.
The contractor agrees'to comply with the letter and the spirit of all applicable state and federal laws respecting discrimination and unfair
employment practices.
6. CHOICE OF LAW
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.My 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 all times during the performance of this contract, the Contractor shall strictly adhere to all applicable federal and state laws, rules, and
regulations that have been or may hereafter be established.
7. SOFTWARE PIRACY PROHIBITION Governor's Executive Order D 002 00
No State or other public funds payable under this Contract shall be used for the acquisition,operation,or maintenance of computer software in
violation of United States copyright laws or applicable licensing restrictions.The Contractor hereby certifies that,for the term of this Contract and
any extensions, the Contractor has in place appropriate systems and controls to prevent such improper use of public funds. If the State
determines that the C ontractor is In violation of t his paragraph,the State may exercise any remedy a vailable a t law or equity o r u nder this
Contract, including, without limitation, immediate termination of the Contract and any remedy consistent with United States copyright laws or
applicable licensing restrictions.
8. EMPLOYEE FINANCIAL INTEREST.CRS 24-18-201 &CRS 24-50-507
The signatories aver that to their knowledge,no employee of the State of Colorado has any personal or beneficial interest whatsoever in the
service or property described herein.
Effective Date:April 1, 2004
Page 7 of 8
•
SIGNATURE 'PAGE
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
CONTRACTOR: STATE OF COLORADO:
/ L OWENS, GOVERNOR
Vft /0 tiounrJ By
Legal Name of Contracting Entity Michael L. Beasley, Executi ire or
COO i-i3 Department of Local Affairs
Social Security Number or FEIN
PRE-APPROVED FORM CONTRACT REVIEWER:
/� !1 Signature t of Autht5riiz�ed Officer
� at
, \ I3� C
W�' IIMen • Vt& , C /k �\2
Print Name&Title of Authorized Officer L
CORPORATIONS:
(A corporate attestation is quired.)
Attest (Seal) By �14 d',/wl%/l
(Corporate Secretary or Equivalent,or Town/City/County Clerk)` (Place corporate seal here,if available)
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not valid
until the State Controller, or such assistant as he may delegate, has signed it. The contractor is not
authorized to begin performance until the contract is signed and dated below. If performance begins prior
to the date below, the State of Colorado may not be obligated to pay for the goods and/or services
provided.
STATE CONTROLLER:
Leslie M. Shenefelt
WELD COUNTY DEPARTMENT OF
PUBLIC HEALT AND ENVIRO ENT
44"a/a4 By �� ir(
Mark E. Wallace, MD, MPH•D' Rose arie Auten,tkn,�
troller
Department of Local Affairs
Date & /
Effective Date: April 1, 2004
Page 8 of 8
EXHIBIT A
SCOPE OF SERVICES
Page 1 of 3
EXHIBIT A
SCOPE OF SERVICES
1. PROJECT DESCRIPTION, OBJECTIVES, & REQUIREMENTS
The Project consists of the clean up of illegally disposed tires in Weld County at nine sites.
These sites are located at 14313 WCR 6 known as the Sack site, 21970 WCR 30, Hudson, CO
known as the Stromo, Inc. site, 12723 WCR 6 1/4 known as the International Steel and Pipe
Supply site, 34430 WCR 398, Roggen, CO known as the Bittersweet Turf Farms site, 22017
WCR 87known as the F. Ford site, 6517 WCR 34 known as the New Day/Sunrise LLC site, and
24708 WCR 41 known as the J.L. Alles site. The two remaining sites are collection sites to be
named by the county at a later date. The two remaining sites are part of a county Amnesty
program. Approximately 9,650 tires will be removed from the sites. The State gives priority in
awarding clean-up funds projects that reuse and recycle tires. All the tires from the sites will be
removed and recycled or shredded and moved to a licensed storage or recycling facility. The
Contractor, Weld County, will oversee and manage the Project.
Waste Tire Program funds in the amount up to FIFTY-SIX THOUSAND THREE HUNDRED AND
XX/100 Dollars ($ 56.300.00)are provided under this Contract to finance Project costs. The
Contractor is expected to provide NINE THOUSAND ONE HUNDRED AND XX/100 Dollars
($9,100.00) in Project financing, and, in any event, is responsible for all Project costs in excess of
FIFTY-SIX THOUSAND THREE HUNDRED AND XX/100 Dollars ($ 56 300.00).
The county and the property owners will execute an agreement prohibiting future storage tires
without proper licensing. The county to the best of its ability will obtain from the property owners a
match for the clean up of the waste tires from the property.
Weld County will execute an agreement between the County and the contractor chosen, through
a competitive procurement process with the Contractor being obligated to award the contract to
the lowest responsible bidder meeting the Contractor's specifications.
Copies of any and all contracts entered into by the Contractor in order to accomplish this Project
shall be submitted to the Department of Local Affairs upon request, and any and all contracts
entered into by the Contractor or any of its subcontractors shall comply with all applicable federal
and Colorado state laws and shall be governed by the laws of the State of Colorado
notwithstanding provisions therein to the contrary.
Contractor agrees to acknowledge the state Department of Local Affairs in any and all materials
or events designed to promote or educate the public about the project, including but not limited to:
press releases, newspaper articles, op-ed pieces, press conferences, presentations and
brochures/pamphlets.
2. Project Time of Performance
The Project shall commence upon the full and proper execution of this Contract and shall be
completed on or before December 31, 2005. However, in accordance with paragraph 8.b. or 8.c.
contained within the main body of this Contract, the Project time of performance may be extended
by Contract Amendment. To initiate this process, a written request shall be submitted to the
State by the Contractor at least thirty(30) days prior to December 31, 2005 and shall include a
full justification for the time extension.
Page 2 of 3
3. Budget
REVENUE EXPENDITURES
Waste Tire Program Funds $56,300 Tire Removal, Processing $65,400
And Transport
Local match $ 9,100
TOTAL: $65,400 TOTAL: $65,400
4. REMIT ADDRESS: (Address to where payments are to be sent)
Weld County Commissioners, 915 10th Street
Greeley, Colorado 80631
5. PAYMENT SCHEDULE
$ 51,000 Interim payments reimbursing the Contractor for actual expenditures
made in the performance of this Contract. Reimbursement will be at
$1.25 per tire without rims, $2.25 per tire with rims, and $6.00 per
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.
$ 5,300 Final payment 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.
$ 56,300 Total
6. CONTRACT MONITORING
The State shall monitor this Contract on an as needed basis.
7. REPORTING SCHEDULE
The contractor shall submit financial and narrative status reports detailing Project progress and
properly documenting all to-date expenditures of Waste Tire Program funds at the time payment
requests are made, in accordance with the payment Schedule contained in Exhibit A.
Page 3 of 3
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1 ;; , DEPARTMENT OF PUBLIC HEALTH &ENVIRONMENT
1555 N. 17`"Avenue
Greeley, CO 80631
' WEBSITE: www.co.weld.co.us
C ADMINISTRATION: (970) 304-6410
111 O FAX: (970) 304-6412
PUBLIC HEALTH EDUCATION & NURSING: (970) 304-6420
• FAX: (970) 304-6416
COLORADO ENVIRONMENTAL HEALTH SERVICES: (970) 304-6415
FAX: (970)304-6411
June 28, 2005
Don Sandoval
State of Colorado
Department of Local Affairs
1313 Sherman Street, Suite 521
Denver, Colorado 80203
Subject: Amendment to Waste Tire Clean-up Contract#05-105
Dear Don:
I am writing to request two amendments to Waste Tire Clean-up Contract#05-105. As you recall,
we discussed these amendments on the telephone on June 21, 2005. The amendments we are
requesting are as follows:
1) Amend Exhibit A "Scope of Services"to allow for the reimbursement of up to $1,750
for the marketing of Tire Amnesty weekend as proposed in our grant application. Our
grant application was submitted under letterhead dated June 7, 2005.
2) Amend Exhibit A "Scope of Services"to allow for the reimbursement of up to $15 for
each small tractor tire with rim that is collected as proposed in our grant application.
We appreciate your consideration in this matter and hope you view our request favorably. Please do
not hesitate to call me should you have any questions. I can be reached at 970-304-6415, extension
2214.
Sincerely,
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Trevor Jiricek
Director
Environmental Health Services
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