HomeMy WebLinkAbout851062.tiff RESOLUTION
RE: APPROVAL OF INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF
GREELEY AND WELD COUNTY FOR HAZARDOUS SUBSTANCE INCIDENTS
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 of County Commissioners has been presented
with an Intergovernmental Agreement between the City of Greeley
and Weld County concerning hazardous substance incidents, and
WHEREAS, the terms of said agreement are as stated in the
agreement, a copy being attached hereto and incorporated herein by
reference, and
WHEREAS, after review, the Board deems it advisable to
approve said Intergovernmental Agreement and authorize the
Chairman to sign same.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Intergovernmental
Agreement between the City of Greeley and Weld County concerning
hazardous substance incidents be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is, authorized to sign said agreement.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 13th day of
March, A.D. , 1985 .
t BOARD OF COUNTY COMMISSIONERS
ATTEST: Ilifil �kw'�_�°'�""f""`l WELD COUNTY, COLORADO
Weld County Clerk and Recorder lsrn.
and Clerk to the Board J=cq \ ine Jo on, Chairman
EXCUSED DATE OF SIGNING - AYE
B 071t-i-a-1 (16.4-tut) Gene R. Brantner, Pro-Tem
D puty County Clerk
APPROVED AS TO FORM: C.W. K ' by
Go
,1V ounty ttorney
Fra Yama chi
gm 0003
851062
INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF GREELEY
AND WELD COUNTY
FOR HAZARDOUS SUBSTANCE INCIDENTS
THIS AGREEMENT, entered into this 13th day of March , 1985 ,
between the City of Greeley and the County of Weld is for the
purpose of securing the benefits of mutual aid for the
protection of life and property from the sudden discharge of
hazardous substances.
WHEREAS, it is desirable that each of the parties should
voluntarily aid and assist each other in the event that an
unusual major occurrence or emergency situation involving
hazardous substances should occur, by the interchange of
services and facilities; and
WHEREAS, it is necessary and desirable that a mutual aid
agreement be executed for the interchange of such mutual aid on
a local basis; and
WHEREAS, Section 29-22-102 (3) (b) , C.R. S. , as amended,
designates that the Board of County Commissioners shall
designate an emergency response authority for hazardous
substance incidents occurring in unincorporated areas and the
Weld County Board of Commissioners has designated the Office of
Emergency Management as the emergency response authority in
unincorporated Weld County; and
WHEREAS, Section 29-22-103 (3) , C.R.S . , as amended, and
Sections 29-5-105 through 29-5-110 , C.R.S . , as amended, provide
statutory authority for such interchange of mutual aid by
various political subdivisions; and
WHEREAS , hazardous substance emergencies may arise in one
or the other of the jurisdictions of the parties , resulting in
greater demands than the manpower, equipment and expertise of
that party can handle, or emergencies of such intensity may
occur that they cannot be handled solely by the equipment of the
party in whose jurisdiction of the emergency occurs; and
WHEREAS, it is to the interest of each of the parties that
they may have service of and from the other party to aid and
assist them in responding to chemical emergencies; and
WHEREAS , it is anticipated that the City of Greeley and
Weld County will reach mutual aid agreement with the Colorado
State Patrol, fire districts throughout Weld County, and
municipalities within Weld County; and
WHEREAS, The City of Greeley currently has a hazardous
material response team and the City is willing to permit the
team to become the primary hazardous material response team for.
the County of Weld.
IT IS AGREED THAT:
1 . All requests for mutual aid are to be made to the
Chief of the Greeley Fire Department or a person exercising the
functions thereof, or the Weld County Director of the Office of
Emergency Management, or a person exercising the functions
thereof. The request is to be immediately confirmed in written
form by the requesting party.
2 . Upon proper request for mutual aid, the responding
party will dispatch any available hazardous substance response
equipment, firefighting and/or rescue equipment, and personnel
to any point within the requesting party' s jurisdiction.
3 . Both parties to this agreement for mutual aid are
under no obligation to respond to a call from the other party
when conditions exist which would prevent response because of
priority or responsibility in its own jurisdiction, and no party
shall be required to deplete unreasonably its own resources,
facilities and services in furnishing such mutual aid.
4 . Any dispatch of equipment and personnel pursuant to
this agreement is subject to the following conditions:
(a) Any request for aid hereunder shall include a
statement of the amount and type of equipment and
personnel requested, and shall specify the
location to which the equipment and personnel are
to be dispatched, but, the amount and type of
equipment and number of personnel to be furnished
shall be determined by a representative of the
responding agency.
(b) The responding organization shall report to the
officer in charge of the requesting agency at the
location to which the equipment is dispatched and
shall coordinate with that official. The
resources or facilities that are assigned shall
be coordinated with the superior officer
designated by the assisting party. Such superior
officer shall coordinate with the requesting fire
chief, or person exercising the function thereof,
or Director of the Weld County Office of
Emergency Management.
(c) The responding agencies will be released by the
requesting organization when the services of the
responding organization are no longer required or
when the responding organization is needed within
the area for which it normally provides fire
protection, emergency medical services or other
emergency public safety services.
5 . Each party waives all claims against each other for
compensation for any loss, damage, personal injury, or death
occurring as a consequence of the performance of this agreement.
6 . The requesting party shall indemnify, defend, and hold
the assisting party harmless from any and all claims and/or
lawsuits or damages except exemplary or punitive damages , or
omissions of the assisting party or its employees , agents , or
officers while engaged in services for the requesting party,
provided however, that nothing herein shall be construed to be a
waiver of the immunity provided by Section 29-2-109 , C.R.S . , as
amended, or any other governmental immunity. Any agency served
with notice of suit shall immediately forward such notice to the
requesting agency.
7 . City of Greeley shall bill Weld County and Weld County
agrees to pay for the cost of all labor, equipment, and supplies
used by the City of Greeley in response to hazardous substance
incidents occurring outside the City of Greeley when requested
by Weld County' s Director of OEM. Weld County may seek
reimbursement from the responsible party (ies) or Weld County may
seek reimbursement from the State of Colorado as provided for in
Section 29-22-104 , C.R.S . , as amended.
8 . This mutual aid agreement shall become effective upon
approval and signature by authorized representatives of the City
of Greeley and Weld County.
9 . In accordance with a State of Colorado Energy Impact
Assistance Grant, Weld County has received $82 , 758 for hazardous
material equipment and training. (Exhibit A attached hereto. )
Proceeds of the grant shall be used to equip and train a
hazardous material response team. Once a primary team has been
equipped and trained , funds will then be used to provide the
hazardous material equipment and training needs of the Weld
County Sheriff, Road and Bridge Department, and Health
Department. Remaining funds shall be used to train and equip
first responder agencies throughout the County as funds permit.
After the initial equipping and training, the City of Greeley
shall assume the responsibility of maintaining the hazardous
material team' s training and equipment. In addition, the City
of Greeley will provide periodic training classes to first
responders fire districts in Weld County.
10 . Cost of training provided under the Energy Impact
Assistance Grant (Exhibit A) shall be paid 50% from the grant
funds and 50% from the local agency (ies) receiving training.
11 . The following roles and responsibilities shall be
assigned as follows in the implementation of this agreement:
(a) Office of Emergency Management Roles :
(1) To act as designated emergency response
authority (DERA) for county.
(2) To maintain files of hazards and locations
throughout county and provide copies to all
impacted agencies , as appropriate.
(3) To maintain list of equipment/supplies and
personnel for response.
(4) To coordinate all response requests of
Hazardous Material Team from municipalities .
(5) To act as resource for training courses.
(6) To coordinate Hazardous Material Operational
plan.
(7) To develop, conduct and evaluate exercises
of Hazardous Material Team response.
(8) To provide continuing supervisory authority
of clean up in' hazardous materials spill .
(9) To coordinate reimbursement fees from
involved parties in a hazardous substance
spill.
(b) Hazardous Materials Response Team (Unit of the
Greeley Fire Department) Roles:
(1) To provide trained personnel.
(2) To provide specialized equipment and
supplies.
(3) To provide first responder training to
volunteer fire departments.
(4) To provide technical assistance to volunteer
fire departments.
(5) To coordinate with Weld County Office of
Emergency Management on resource needs.
(6) To respond to hazardous material spills at
the request of the Office of Emergency
Management throughout the County.
(c) Municipal Fire Departments/Districts Roles:
(1) To act as Incident Command for hazardous
substance incident.
(2) To initially assess hazardous substance
incident.
(3) To request Hazardous Materials Team through
Weld County Office of Emergency Management
or Greeley Fire Chief, only if incident is
deemed beyond capability and/or equipment
availability of local fire department or
district.
(4) To participate in training for first
responders to the level determined
sufficient for safety of responding fire
personnel and community.
(5) To assess department/district
vulnerabilities for hazardous substance
incidents .
(6) To notify the Office of Emergency Management
of any hazardous substance incidents whether
or not the Hazardous Materials Team is
requested.
(7) To coordinate with the Hazardous Materials
Team when requested according to mutual aid
agreement.
{8} To provide documentation of financial
expenses for reimbursement to the Office of
Emergency Management for
compilation/administration.
(d) Greeley Fire Department Roles:
(1) To train personnel in hazardous materials
response.
(2) To purchase and maintain equipment and
supplies for hazardous material vehicle.
(3) To provide inner city backup for fire
coverage when Hazardous Material Team is
responding outside city limits.
(4) To provide documentation of financial
expenses for reimbursement to the Office of
Emergency Management for
compilation/administration.
(5) To develop training program for county fire
districts.
(6) To develop equipment dispersal plan for
county.
(7) To assist in hazardous materials operations
plan.
(8) To participate in planning/conduct of
exercises.
(e) Weld County Health Department Roles:
(1) To provide technical expertise to Hazardous
Material Team local municipal fire
districts/departments , and the Office of
Emergency Management.
(2) To provide laboratory evaluation of
substances requiring identification.
(3) To provide environmental safety inspections
of incidents or circumstances involving
hazardous materials.
(4) To provide documentation of financial
expenses for reimbursement to the Office of
Emergency Management for
compilation/administration.
(f) Local Law Enforcement Roles :
(1) To maintain perimeter control of hazardous
substances.
(2) To evacuate residents in danger of hazardous
substances .
(3) To coordinate field command post with
Hazardous Material Team, fire district and
Colorado State Patrol.
(4) To provide security within evacuation area.
(5) To set up press briefing area.
(6) To maintain coordination with the Office of
Emergency Management during hazardous
substance incident.
(7) To provide documentation of financial
expenses for reimbursement to the Office of
Emergency Management for
compilation/administration.
(g) Weld County Road and Bridge Department Roles:
(1) To provide equipment and material for
containment of hazardous substances at the
request of the Office of Emergency
Management.
(2) To support local public works departments in
response to hazardous substance spills.
(3) To provide documentation of financial
expenses for reimbursement to the Office of
Emergency Management for
compilation/administration.
(h) Colorado State Patrol Roles :
(1) to notify the Office of Emergency Management
of any hazardous material incident.
(2) To coordinate response requests of hazardous
material team through the Office of
Emergency Management.
(3) To provide on scene perimeter control in
conjunction with municipal police department
and/or Weld County Sheriff' s Office.
(4) To provide the Office of Emergency
Management with report of hazardous material
incidents .
(5) To maintain training coordination with the
Office of Emergency Management and municipal
DERA' s.
(6) To act as the designated emergency response
authority as provided by law for all
hazardous material incidents on Federal or
State Highways and county roads located
outside city limits.
(7) To initially assess hazardous substance
incident.
12 . This mutual aid agreement shall remain in effect
indefinitely but will be reviewed annually by both parties . In
the event one party intends to cancel the agreement notice shall
be given at least 90 days prior to the end of the calendar year.
This agreement may be updated, modified, revised or renegotiated
at any time by mutual consent and in writing by both parties to
accommodate changing conditions . with In
the event this
grant is
is contract
cancelled all remaining equipment purchased
funds shall be returned to the county.
CITY OF GREELEY, COLORADO WELD COUNTY, COLORADO
lada44-1
‘‘'‘‘. ' S\Ntlai3NN-
Mike Lehan, ayor � irm ,
Bo Board o County Commissioners
ATTEST: i4442, j:.nA blar
inger, (Fire hief
` 71 t; a/
To ie Antuna, Dep ,ty
Form 6-AC-02A "E X H I B T A" DEPARTM fORAGENCYNUMBER
AGENCY NUMBER
EIAF #1135 CONTRACT ROUTING NUMBER
CONTRACT
THIS CONTRACT, made this day of 19—, by and between the
State of Colorado for the use and benefit of the Department of 'I Local .Affairs, 1313 Sherman
ctrppt, npnvpr, Cnlnrado I.'^
hereinafter referred to as the State, and '2 rvcld County, Colorado
hereinafter referred to as the contractor,
WHEREAS, 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
G/L Account Number , Contract Encumbrance Number ; and WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate
agencies; and
WHEREAS, the State desires to assist state agencies , school
districts , local governments and political subdivisions of the State
that are experiencing social and economic impacts resulting from the
development of energy resource industries in Colorado ; and
WHEREAS , pursuant to 39-29-101 to 114, and 34-63-101 and 102 ,
C. R. S . , 1973, as amended, Impact Assistance Funds are created, which
are to be administered by the Department of Local Affairs ; and
WHEREAS , applications for distributions from the Local Government
Severance Tax Fund and the Mineral Impact Fund have been received by
the Department of Local Affairs ; and
WHEREAS , the Executive Director desires to distribute said funds
pursuant to law; and
WHEREAS, the Contractor is an eligible political subdivision to
receive energy impact assistance;
NOW THEREFORE it is hereby agreed that :
1 . Area Covered . The Contractor shall perform and accomplish
all the necessary work and services provided under this Contract ,
as described in the attached Exhibit A, which is incorporated herein
and made part of this Contract by reference, in connection with and
respecting the following area or areas : Weld County, Colorado
2 . 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, hereinafter referred to as the "Project" .
Work performed prior to the execution of this Contract shall not be
considered part of this Project .
3 . Responsible Administrator . The performance of the services
required h er4etardeer shall be under the direct supervision of
uonaln
, an employee or agent of Contractor ,
who is hereby designated as the administrator-in-charge of this
Project . At any time the administrator- in-charge is not assigned
to this Project , all work shall be suspended until the Contractor
assigns a mutually acceptable replacement administrator-in-charge
and the State receives notification of such replacement assignment .
4. Time of Performance. This Contract shall become effective
upon proper execution of this Contract . The Project contemplated
herein shall- commence as soon as practicable after the execution of
'this Contract and shall be undertaken and performed in the sequence
set forth in the " Time -of Performance" in the attached Exhibit A . •
• ' Expenses incurred by the Contractor in association with said Project
prior to execution of this Contract shall not be eligible expendi -
tures . The Contractor agrees that time is of the essence in the
Page I of__1 pages
Revised 2/83
•
performance of its obligations under this Contract , and that
completion of the Project shall occur no later than the termination
date set forth in the Time of Performance .
5 . Compensation and Method of Payment . The State agrees to pay
to the Contractor , in consideration for the work and services to be
performed, a total amount not to exceed eighty-two thousand seven
hundred fifty-eight and NO/XXXXXXXXXXXXXXXX Dollars ( S 82,758.00 ) ,
The method and time of payment shall be made in accordance with the
"Payment Schedule" set forth in Exhibit A.
6 . Accounting . At all times from the effective date of this
Contract until completion of this Project , the Contractor shall main-
tain properly segregated books of State funds , matching funds , and
other funds associated with this Project . All receipts and expendi -
tures associated with said Project shall be documented in a detailed
and specific manner, and shall accord with the "Budget" set forth in
Exhibit A . Contractor may adjust budgeted expenditure amounts up to
ten percent ( 10%) within said Budget without approval of the State .
Adjustments of budget expenditure amounts in excess of ten percent
( 10%) must be authorized by the State in an amendment to this Con-
tract properly executed and approved pursuant to the State Fiscal
Rules . In no event shall the State ' s total consideration exceed the
amount shown in Paragraph 5 above.
a. Unless otherwise provided in this Contract , if
Exhibit A provides for more than one payment by
the State, the initial payment set forth in the
Payment Schedule shall be made as soon as practi -
cable after proper execution of this Contract . The
Contractor shall initiate all subsequent payment
requests by submitting documented proof of proper
expenditure of State funds thus far received to a
contract monitor designated by the State.
b . The Contractor shall request the final payment , which
is the amount withheld by the State until the Project
is complete, for the Project by submitting to the
contract monitor a detailed cost accounting of all
State funds received and expended towards completion
of the Project . Upon determining to its satisfaction
that all funds received by the Contractor have been
properly spent towards accomplishment of the Project ,
the State shall promptly make final payment to the
Contractor .
c . Within ninety ( 90) days of completion of the Project ,
the Contractor shall submit to the contract monitor a
detailed cost accounting of expenditures of the final
payment received from the State. Any State funds not
expended in connection with the Project shall be
remitted to the State at that time.
7. Audit . The State or its authorized representative shall have
the right to inspect , examine, and audit Contractor ' s records , books
and accounts , including the right to hire an independent Certified
Public Accountant of the State ' s choosing and at the State ' s expense
to do so. Such discretionary audit may be called for at any time and
for any reason from the effective date of this Contract until five
(5 ) years after the date final payment for this Project is received
by the Contractor , provided that the audit is performed at a time
convenient to the Contractor and during regular business hours .
Whether or not the State calls for a discretionary audit as provided
for in this paragraph , if the Project is accomplished within a single
fiscal year of the Contractor, the Contractor shall , at the conclu-
sion of the Project , and in addition to any other reports required ,
submit a report and auditor ' s statement of the Project account to the
Page 2 of 7 pages
Office of Impact Assistance in the Department of Local Affairs . Such
report shall be prepared in conjunction with Contractor ' s regular
yearly audit , and must be submitted within six ( 6 ) months after the
close of the then current Contractor ' s fiscal year.
8 . Personnel . The Contractor represents that he has , or will
secure at his own expense , unless otherwise stated in Exhibit A,
all personnel , as employees of the Contractor, necessary to perform
the work and services required to be performed by the Contractor
under this Contract . Such personnel may not be employees of or have
any contractual relationship with the State . All of the services
required hereunder will be performed by the Contractor or under his
supervision , and all personnel engaged in the work shall be fully
qualified and shall be authorized under State and local law to per-
form such services .
9 . Termination of Contract for Cause . If , through any cause ,
the Contractor shall fail to fulfill in a timely and proper manner
his 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 five
( 5 ) 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 satis-
factory 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 setoff
until such time as the exact amount of damages due the State from the
Contractor is determined .
10. Termination for Convenience of State . The State may termi -
nate this Contract at any time the State determines that the purposes
of the distribution of State monies under the Contract would no
longer be served by completion of the Project . 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 . In
that event , all finished or unfinished documents and other materials
as described in Paragraph 9 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: Pro-
vided, 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 attri -
butable to the uncompleted portion of the services covered by this
Contract . If this Contract is terminated due to the fault of the
Contractor, Paragraph 9 hereof relative to termination shall apply.
11 . Changes . The State may, from time to time, require changes
in the scope of services of the Contract to be performed hereunder . '
However, this Contract is intended as the complete integration ,pf all •
understandings between .the parties, at this time, and no prior or
contemporaneous addition , deletion , or other amendment hereto shall
Page 3 of 7 pages
have any force or effect , whatsoever , unless embodied in a written
contract amendment incorporating such changes , including any increase
or decrease in the amount of monies to be paid to the Contractor ,
executed and approved pursuant to the State ' s Fiscal Rules .
12 . Reports . At least two ( 2) copies of all reports prepared as
a result of the Project will be submitted to the Office of Impact
Assistance in the Department of Local Affairs within two (2 ) weeks of
completion of such reports .
13 . Indemnification . Contractor , in consideration for State' s
promises herein set forth , promises to indemnify, save and hold harm-
less and defend State , and all of its employees and agents , acting
officially or otherwise , from any and all liability, claims , demands ,
actions , debts and attorney fees arising out of , claimed on account
of , or in any manner predicated upon loss or damage to the property
of and injuries to, or death of all persons whatsoever, which may
occur, or is sustained in connection with the performance of this
Contract , or by conditions created thereby, or based upon any viola-
tion of any statute , ordinance , or regulation , and the defense of any
such claims or actions .
14 . Employment Referrals . The Contractor shall accept and require
that all subcontractors accept , from either the Job Training
Partnership Act Service Delivery Area employment and training agency
or the Job Service Center in the area, referrals as candidates for
filling vacant job positions supported by or created as a result of
funds provided by the State under this contract .
15 . Conflict of Interest .
a. No employee of the Contrctor shall perform or
provide part-time services for compensation ,
monetary or otherwise , to a consultant or con-
sultant firm that has been retained by the
Contractor under the authority of this Contract .
b. The Contractor agrees that no person at any time
exercising any function or responsibility in
connection with this Project on behalf of the
Contractor shall have or acquire any personal
financial or economic interest , direct or indirect ,
which will be materially affected by this Contract ,
except to the extent that he may receive compensa-
tion for his performance pursuant to this Contract .
c. A personal financial or economic interest includes ,
but is not limited to :
i ) any business entity in which the person has
a direct or indirect monetary interest ;
ii ) any real property in which the person has a
direct or indirect monetary interest ;
iii ) any source of income , loans , or gifts received
by or promised to the person within twelve (12)
months prior to the execution date of this
Contract ;
iv ) any business entity in which the person is a
director , officer, general or limited partner,
trustee, employee , or holds any position of
management .
For purposes of this subsection , indirect investment or interest
means any investment or interest owned by the spouse , parent ,
brother, sister, son , daughter , father-in-law , mother- in-law , brother-
in-law , sister-in-law , son-in -law , or daughter-in -law of the person ,
by an agent on his/her behalf , by a general , limited, or silent ,part-
ner of the person , by any business entity controlled by said person ,
or by a, trust in which he/she has substantial interest . A business
entity is contr.oll-ed- by a. person if that person ,. his%her agent , or a
relative as defined above possesses more than fifty percent (50%) of
Page 4 of 7 pages
the ownership interest . Said person has a substantial economic
interest in a trust when the person or an above-defined relative has
a present or future interest worth more than One Thousand Dollars
($1 ,000 .00) .
d . In the event a conflict of interest , as described
in this Paragraph 15 , cannot be avoided without
frustrating the purposes of this Contract , the
person involved in such a conflict of interest
shall submit to the Contractor and the State a
full disclosure statement setting forth the details
of such conflict of interest . In cases of extreme
and unacceptable conflicts of interest , as deter-
mined by the State , the State reserves the right
to terminate the Contract for cause , as provided
in Paragraph 9 above . Failure to file a disclosure
statement required by this Paragraph 15 shall con-
stitute grounds for termination of this Contract
for cause by the State.
16. 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.
17 . 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 invalid-
ity or failure shall not affect the validity of any other term or
provision hereof . The waiver of any breach of a term hereof shall
not be construed as waiver of any other term.
18. 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 .
19 . 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.
20 . Limitation to Particular Funds . 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 con-
tracting 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 this Contract .
21 . Minority Business Enterprise Participation . It is the policy
of the State of Colorado that minority business enterprises shall have
the maximum practicable opportunity to participate in the performance
of its construction grant contracts . The Contractor agrees to use its
best efforts to carry out this policy to the fullest extent practi -
cable and consistent with the efficient performance of this Contract .
As used in this Contract , the term "minority business enterprise"
means a business , at least 50 percent ( 50%) of which is owned by
minority group members or , in the case of publicly owned businesses ,
at least 51 percent ( 51%) of the stock of which is owned by minority
group members . For the purposes of this definition , minority group
members are Negroes or Black Americans , Spanish-speaking Americans ,
Asian Americans , American Indians ; American Eskimos and American
Aleuts . The Contractor may rely on written representations by
• bidders , contractors , and subcontractors regarding their status as
minority business enterprises 'and need not conduct an independent •
investigation .
Page 5 of 7 pages
SPECIAL HUUv7S1+)-`+S
• CONTROLLER'S APPROVAL
1. This contract shall not be deemed valid until it shall have bean approved by the Controller of
the State of Colorado or such assistants as he may designate. This provision is applicable to any con-
tract Involving the payment of money by the State.
FUND AVAILABILITY
2. Financial obligations of the State payable after the current fiscal year are contingent upon
funds for that purpose appropriated, budgeted and otherwise made available.
BOND REQUIREMENT
3, If this contract involves the payment of more than 550,000.00 for the construction, erection,
repair, maintenance, or improvements 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 bond or other acceptable surety to be approved by said offi-
cial 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, provendor or other supplies
used or consumed by such contractor or his subcontractor 1n performance of the work contracted to be
done, the surety will pay the same In an amount not exceeding
ce in such bond, when
the
sum
d specified
required,a In the bond,id executed,
or
with interest at the rate of eight per cent per annum, Unless
delivered and filed, no claim in facor of the contractor arising under this contract shall be audited,
allowed or paid. A certified or cashiers check or a bank money order made payable
' to the Treasurer of
the State of Colorado may be accepted In lieu 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 shall be not less that the prevailing rate of wages for work of a similar na-
ture 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. Notwithstanding this special provision four, when the contractor is not the
"state", and the buildings involved are not state buildings, nothing in3 8his 16nitOrlact requires the con—
tractor to comply with the prevailing wage law as set forth in C.R.S. 197
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 prac-
tices
1973,
Af-
firmative Action, dated April as
n • required by Equal Oppo16, 1975. Pursuant thereto, the following provisions shall r tunity and
be contained In
all State contracts or subcontracts.
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because
of race, creed, color, national origin, sex, marital status, religion, ancestry, al or physical y hand-
nd-
icap, or age. The contractor will take affirmative action to Insure that applicants are employed,
•
that employees are treated during employment, without regard to the above mentioned or characteristics.
Such actions shall include, but not be limited to the following: employment, upgrading,
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
wi on ll nt receive consideration for for
employees
eety or employment
of the contractor, state that all qualified applicants 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 con-
tracttng officer, advising the labor union or workers' representative of the contractor's commitment un-
der the Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and -of the rules
' and regulations and relevant Orders of the Governor;
•
(4) The contractor and labor unions will furnish all information and reports required by Executive
Page 6 of 7 Pages
•
• Order, Equal Opportunity and Afflrn ve Action of April 16, 1975, and by th oles, regulations and Or-
ders of the Governor, or pursuant tho. eto, and will permit access to his book„ and accounts by the con-
• tracting 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 from full membership
rights In such labor organization, or expel any such individual from membership in such labor organiza-
tion or discriminate against any of Its members in the full enjoyment of work opportunity, because of
race, creed, color, sex, national origin, or ancestry.
(6) A labor 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 prevent any per-
son from complying with the provisions of this contract or any order issued thereunder: or attempt, ei-
ther directly or indirectly, to commit any act defined In this contract to be discriminatory.
(7) In the event of the contractor's non-compliance with the non-discrimination clause of this con-
tract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or
suspended In whole or In part and the contractor may be declared ineligible for further State contracts
in accordance with procedures authorized in 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 be Invoked as provided in Executive Order, Equal Opportu-
nity and Affirmative Action of April 16, 1975, or by rules, regulations, or orders promulgated In accor-
dance therewith, or as otherwise provided by law.
(8) The contractor will include the provisions of paragraph (1) through (8) In every sub-contract
and sub-contractor purchase order unless exempted by rules, regulations, or orders issued pursuant to Ex-
ecutive 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 pro-
visions, Including sanctions for non-compliance: provided, however, that in the event the contractor be-
comes 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 8-17-101 E 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 be ap-
plied 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 persons 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 ne-
gate 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 18-8-101, et seq., (Abuse of Public Office), C.R.S. 1973, as amended, and that no viola-
tion 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.
STATE OF COLORADO
RICHARD 0. LAM, GOVERNOR
Contractor By Morgan Smith
DEPARTMENT
Position Chair, Board of County CommissioneY(ff Local Affairs
Federal Identification Number
APPROVALS
ATTORNEY-GENERAL -. - CONTROLLER
By By
Page 7 of 7 Pages
EXHIBIT A
Scope of Services and Payment Schedule
�f
EIAF #1135 at
Scope of Services
This project will enable Weld County, hereinafter known as the
Contractor, to form and equip a Hazardous Material Emergency ResporSe
Team to contain, neutralize and resolve emergencies caused by hazardous
wastes. Included in this Project are equipment, supplies and training
for approximately 16 persons. Equipment and supplies may include
personal protective equipment, detection and identification equipment,
containment and scene control equipment, first aid and decontamination
equipment, and other specialized equipment and supplies. :
Impact assistance funds will finance the first $82,758 in Project costs.
Any and all costs in excess of $82,758 will be the responsibility of the
Contractor.
For equipment and supply purchase, the Contractor will use the State bid
wherever practicable. For all other purchases, the Contractor will -
select qualified vendors through formal bid processes with the Contractor
being obligated to award individual purchase contracts 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 will be submitted to the Department of Local
Affairs, Office of Impact Assistance, upon execution, 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.
Time of Performance
The Project will commence upon execution of this Contract. The Project
will end on or before March 31 , 1986.
Budget
REVENUE EXPENDITURES
Impact assistance Hazardous materials
funds $82,758 equipment and
supplies $65,222
Training 17,536
TOTAL $82,158 TOTAL $82,158
Payment Schedule
I. $25,000 Initial payment to be made within thirty
(30) days of execution of this Contract.
II. $50,000 In approximately six (6) payments
reimbursing the Contractor for actual
expenditures made in the performance of
this Contract. Payments will be based upon
properly documented financial and narrative
status reports detailing expenditures made
to date.
III $ 7,758 Final payment to be made upon the
completion of the Project. The Contractor
will submit a final financial and narrative
report documenting the expenditures of
Impact Assistance funds for which payment
has been requested.
$82,758 TOTAL
•
•
EXHIBIT A
Page 1 of 2 pages
All requests for pay It after the first payment will a initiated by the
Contractor in accordance with the provisions in paragraph 6 of the main
body of this Contract.
Contract Monitoring
The Department of Local Affairs, Office of Impact Assistance, will
monitor the Project on an as-needed basis.
Reporting Schedule
The Contractor will submit financial and narrative status reports
detailing Project progress and properly documenting all to-date
expenditures of Impact Assistance funds at the time payment requests are
made, in accordance with the payment schedule.
EXHIBIT A
Page 2 of 2 pages
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