HomeMy WebLinkAbout930622.tiff RESOLUTION
RE: APPROVE CONTRACT WITH COLORADO DEPARTMENT OF HEALTH, HAZARDOUS MATERIALS
AND WASTE MANAGEMENT DIVISION, AND AUTHORIZE CHAIRMAN 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 between Colorado
Department of Health, Hazardous Materials and Waste Management Division, and Weld
County Health Department, commencing July 1, 1993, and ending June 30, 1994, with
further terms and conditions being as stated in said contract, and
WHEREAS, after review, the Board deems it advisable to approve said
contract, 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 between Colorado Department of Health,
Hazardous Materials and Waste Management Division, and Weld County Health
Department be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
authorized to sign said contract.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 19th day of July, A.D. , 1993, nunc pro tunc
July 1, 1993. } {/
(l / U
BOARD OF COUNTY COMMISSIONERS
ATTEST: 4t /b
��/ yyy "1I/ WELD COUNTY, COLORADO
Weld County Clerk to the Board EXCUSED
ConstanceL...Harbert, Chairman
BY: & IK' V� t Lb
Deputy Cler to the B W. H. Webster, Pro-Tem
APPROVED AS TO FORM: EXCUSED DATE OF SIGNING (AYE)
�1 : att
eorge E. Bax r
3-n-1-4-y Atty
\ Dale K. ll
-::..1-,,x-e-ye/1—
/harbara J. Kirkmeye
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DEPARTMENT OR AGENCY NUMBER 260000
CONTRACT ROUTING NUMBER
THIS CONTRACT made the , 199_, by and between the State of Colorado for the use
and benefit of the Colorado Department of Health, Hazardous Materials and Waste Management Division,
HMWMD-SWIM-82, 4300 Cherry Creek Drive South, Denver, Colorado 80222-1530, hereinafter referred to
as the State or CDH;and the Weld County Health Department
hereinafter referred to as the Contractor:
WHEREAS, authority exists in the Law, and payment will be made through Fund Number
APPR Code , Contract Encumbrance Number ; and
WHEREAS, required approval, clearance, and coordination has been accomplished from and with
the appropriate agencies; and
WHEREAS, the existing statutory authority for CDH to enter into such an agreement, 25-18-104,
25-18-107 and 25-18-108,C.R.S. 1989 as amended,allows the HMWMD or its designee to investigate,collect
samples, and ask for pertinent information concerning the underground storage tanks located at a specific
location; and the local health departments, 25-1-501 to 516 and 25-1-701 to 719, C.R.S.
WHEREAS,the State deems it to be in the interest of the protection of human health to engage the
Contractor to perform the work stated herein below; and
WHEREAS, all State personal services contracts are subject to immediate termination as a result
of court orders in the cases of Colorado Association of Public Employees ("CAPE) v Department of
Personnel, CAPE v. Department of Highways and CAPE v Regents of the University of Colorado;
NOW THEREFORE, it is hereby agreed that for and in consideration of their mutual promises to
each other, hereinafter stated, the parties hereto agree as follows:
ARTICLE 1. GENERAL
(a) This contract is funded through a combination of federal (90%) and state (10%) funds. The period
of this contract shall be July 1, 1993 to June 30, 1994. Funding will be in accordance with the
methodology specified in Addendum B - Funding For Local Designee Contracts, incorporated
herein. For administration purposes only, this contract is encumbered at $5,555.55 per year per
contractor with 9 participants in the program. Should fewer than 9 or more than 9 participate, the
total funds available will be adjusted upon receipt of actual costs.
(b) 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. The Contractor
shall be cognizant of all Federal and State laws and local ordinances and regulations which in any
manner affect the conduct of the work, and of all such orders and decrees of bodies or tribunals
having any jurisdiction or authority over the same, and shall at all times observe and comply with
all such existing laws, ordinances, regulations and decrees.
(c) Upon completion of the application review, ownership of all components of the work are the
property of the State of Colorado.
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JUN 2 M 1993
(d) Any provision of this contract to the contrary notwithstanding, in the event termination of this
contract becomes necessary, in the State's sole discretion, to comply with any court order
concerning State personal services contracts generally or this contract, specifically, this contract
may be terminated by the State immediately upon the giving of notice to the Contractor without
further obligation from the State..
(e) Definitions for terms used in this contract:
(1) "Administrative Activities" includes report writing, correspondence, enforcement, and secretarial
activities.
(2) "Consultations" means to provide technical consultation to owners/operators, consulting firms,
or the general public on Storage Tank Regulations and CDH guidelines for clean-up and corrective
action plans.
(3) "Contractor shall refer to "Designee" as defined in 25-18-102(3), C.R.S. 1989 as amended.
(4) "Field Investigation" includes site inspections during tank removals to document soil and water
contamination and their impact on the surrounding neighborhoods and properties.
(5) "Report Review"includes preliminary site assessment, closure assessment,and corrective action
plans.
(6) "Sample Collection" means collecting soil and water samples, preparing samples for shipment,
transporting samples to the laboratory, and providing chain of custody.
ARTICLE 2. RESPONSIBILITY OF THE CONTRACTOR
(a) The Contractor shall be responsible for the professional quality, technical accuracy, timely
completion, and the coordination of all services furnished by the Contractor under this contract.
(b) The Contractor shall perform such professional services, as may be necessary to accomplish the
work required to be performed under this contract as specified in Addendum A, The Statement of
Work, in accordance with this contract. The Contractor shall perform its services within the time
limit specified for each site.
(c) Neither the State's nor the contractor's review, approval or acceptance of, nor payment for any of
the services shall be construed to operate as a waiver of any rights under this contract or of any
cause of action arising out of the performance of this contract.
(d) The Contractor shall be and remain liable in accordance with applicable laws for any and all bodily
injury, disease or death of third persons, or loss of or damage to property of third persons caused
by the Contractor's work performance.
(e) 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 withholding, shall provide and keep in force worker's
compensation (and show proof of such insurance) and unemployment compensation insurance in
the amounts required by law, and shall be solely responsible for the acts of contractor, its
employees and agents.
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ARTICLE 3. STATEMENT OF WORK Jill 2 R 199x
Addendum A, The Statement of Work, is hereby incorporated, and made a part hereof as if fully set forth
herein. Except as may be otherwise specifically limited in this contract, the Contractor shall provide all
services and the necessary personnel, materials, equipment, and facilities required to complete the tasks
described in Addendum A, The Statement of Work.
ARTICLE 4. PERIOD OF PERFORMANCE
The Contractor's services as specified in Addendum A, The Statement of Work, are to commence upon the
date that the contract between the State and the Contractor is officially executed by all parties in accordance
with the State's fiscal rules. All services, once undertaken, shall be completed in accordance with the time
schedule in Addendum A, The Statement of Work, which is incorporated and made a part hereof as if fully
set forth herein. Unless an extension of time is approved by the State, this contract shall terminate June
30, 1994. The contract may be extended for up to five years through written agreement between the parties.
ARTICLE 5. COMPENSATION
(a) The Contractor agrees to perform and complete the work prescribed by this contract in
consideration of the amounts set forth below in Addendum B, Funding for Local Designee
Contracts, which is incorporated and made a part hereof as if fully set forth herein, provides an
estimated cost breakdown for the Contractor's work. Payments to Contractor shall not exceed the
amounts in Addendum B designated for each activity as identified.
(b) The State agrees to reimburse the Contractor for allowable costs as follows:
The Contractor shall submit a itemized invoice showing the work performed, hours worked,and per
hour rate. The invoice shall reflect the scope of work, work order, and actual costs identified by
major task elements. The submitted costs shall reflect those estimates submitted by the Contractor
in response to Addendum B.
(c) For each site which the Contractor is assigned to review, the total compensation shall under no
circumstances exceed the total funds available to each local designee per month as detailed in
Addendum B. Contractor understands that Contractor may not be selected to perform work on any
sites, and this contract does not create a right of Contractor to be selected for a given amount of
work, or for any work at all. Compensation will be made only for those sites and activities assigned
to the Contractor by the CDH.
ARTICLE 6. CONSIDERATION AND PAYMENT
(a) The Contractor shall submit two copies of a certified invoice (see Addedum C) requesting payment
to the following address:
Colorado Department of Health
Hazardous Materials and Waste Management Division
Attention: Administration Section
4300 Cherry Creek Drive South
Denver, Colorado 80222-1530
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Such invoices shall be based upon the cost of the work and-services performed during the course
of the work by the Contractor under this contract and shall be prepared by the Contractor and
supplemented or accompanied by supporting data and subcontractor invoices. Invoices will be
forwarded to the Controller of the Colorado Department of Health (hereinafter, the "Controller) for
processing of all payments.
(b) Contractor shall use a standardized invoice as contained in Addendum C, Reimbursement Invoices,
which are incorporated and made a part hereof as if fully set forth herein. A separate invoice will
be submitted for each site. The Contractor is required to maintain original documentation for all
costs in and for the performance of this contract. Subject to verification by the State of full and
satisfactory compliance with the terms of the contract, and upon approval of such payment request
by the Executive Director, payment shall be made to the Contractor as soon as reasonable, with
a non-binding objective of payment within 45 days of approval.
ARTICLE 7. REPORTS OF WORK
The Contractor shall prepare and submit status reports which document the status of each work task for
sites assigned by the CDH within 30 days of receipt of that site from the CDH. The Contractor and the CDH
project officer shall establish a routine contact schedule at the start of the project to ensure that contact is
maintained concerning the progress of the project.
ARTICLE 8. CHANGES
This contract is intended as the complete integration of all understandings between the parties. No prior
or contemporaneous addition,deletion or other amendment hereto shall have any force or effect whatsoever,
unless embodied herein in writing. No subsequent novation, renewal,addition,deletion or other amendment
hereto shall have any force or effect unless embodied in a written contract amendment executed and
approved as specified below, in accordance with State Fiscal Rules.
ARTICLE 9. AUDIT, ACCESS TO RECORDS
The Contractor authorizes the State to perform audits and to make inspections for the purpose of evaluating
performance under this contract.
(a) At all times during the performance of this contract and for three years after the date of final
payment as provided in Article 5, Compensation, the Contractor shall make available books,
records, documents, and other evidence directly pertinent to performance on all work under this
contract, including negotiated changes or amendments thereto. The Contractor shall also make
available at its office the financial information and data used by the Contractor in the preparation
or support of the cost submission and a copy of the cost summary submitted to the State. The
Contractor will provide proper facilities within the State of Colorado for such access and inspection.
(b) The Contractor agrees to the disclosure of all information and reports resulting from access to
records pursuant to paragraph (a) above.
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ARTICLE 10. INSURANCE
The Contractor agrees to obtain and maintain at the Contractor's expense such insurance as will protect
him from claims under the Workman's Compensation Act and which shall protect him and the State from
all claims from bodily injury, death or property damage which may arise from the performance by the
Contractor or by the Contractor's employees of the Contractor functions and services required under this
contract.
ARTICLE 11. ACCOUNTING SYSTEMS
The Contractor shall have an accounting system which accounts for costs in accordance with generally
accepted accounting principles. This system shall provide for the identification, accumulation and
segregation of allowable and unallowable project costs among projects. The Contractor must propose and
account for costs in a manner consistent with its normal accounting procedures.
ARTICLE 12. PUBLIC DATA
All data and information developed under this contract shall be public data and information, and shall be
furnished to the State. Upon termination of this contract, all data and information shall become the property
of the State.
ARTICLE 13. NO DEBT AGAINST THE STATE
This contract shall not be construed as creating any debt by or on behalf of the State of Colorado and for
the State, and all obligations of the State of Colorado regarding this contract are subject to the continued
availability of funds through receipt of application fees by the State and legislative appropriations authorized
to pay for the prescribed work. The sole source of funds for payment of Contractor shall be the application
fees paid by a particular applicant for the particular facility for which Contractor is engaged.
ARTICLE 14. CONTRACT ATTACHMENTS
All Addenda are incorporated by reference as is fully set forth herein. In the event of any conflict or
inconsistency between the provisions of this contract and those of this contract addenda the terms and
conditions of this contract shall be controlling.
Addendum A - Statement of Work
Addendum B - Funding for Local Designee Contracts
Addendum C - Reimbursement Invoices
ARTICLE 15. GENERAL PROVISIONS
The Contractor shall submit the final reports to the assigned Colorado Department of Health, Hazardous
Materials and Waste Management Division, Storage Tank Remedial Section Project Officer on 811 x 11 white
paper containing recycled stock. Two copies shall be submitted.
Copies of any meeting notes, calculations, and other miscellaneous materials that may be considered as
part of the public record shall be provided to the Colorado Department of Health.
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Addendum A
ii 7..1 2
Statement of Work
STATEMENT OF PURPOSE
The purpose of this statement is to establish operating and administrative procedures covering cooperation
between the Hazardous Materials and Waste Management Division of the Colorado Department of Health
(HMWMD) and local health departments throughout the state of Colorado. The area of common interest
of these agencies is the Storage Tank Remedial Program (STRP). The overall objectives of this program
are 1) to foster communication and cooperation between the CDH and the local health departments on
storage tank issues that may pose a threat to human health and/or the environment, 2) to assist the CDH
STRP to respond rapidly to leaks, spills, releases, or contamination problems, and 3) to provide a local
contact for owners/operators and the public concerning storage tank issues. Activities described below
under Level I Storage Tank Activities pertain to regulations covered in 6 CCR 1007-5. Activities described
below under Level II LUST Trust Activities pertain to the Federal Leaking Underground Storage Tank
Program administered by the CDH through a Federal grant from the Environmental Protection Agency(EPA).
The specific areas addressed by these activities include:
1) Department of Health, HMWMD's responsibility to control and/or remediate pollution resulting
from leaking storage tanks under regulation of the Storage Tank Remedial Program, to ensure
compliance with all applicable rules associated with contaminate migration and corrective
actions; and
2) The local health departments' capability to provide assistance in identification, investigation and
oversight of activities associated with the cleanup of contamination discovered at storage tank
leak sites within their jurisdiction. It is the intent of this statement to establish, document and
maintain the coordination of this program between HMWMD and the local designees or health
departments to conserve the resources and manpower and to ensure involvement by all
appropriate agencies associated with such incidents.
The Department will continue to develop protocols for improved implementation of the Storage Tank
Remedial Program within the state of Colorado to insure consistency among designees. The Department
will authorize a designee to take actions as delineated below.
DELEGATED OPERATION AND COORDINATION ITEMS
A. LEVEL I STORAGE TANK ACTIVITIES
THE FOLLOWING ARE CORE CATEGORIES FOR LEVEL I ACTIVITIES AND MUST BE PERFORMED BY THE
CONTRACTOR IF THIS CONTRACT IS ACCEPTED.
1. The Hazardous Materials and Waste Management Division (HMWMD) will notify the designee
whenever a leak, release or spill occurs within their jurisdiction within 3 working days after
receipt of any notice by either the owner and/or operator or the State Oil Inspection Section,
or earlier if necessary or possible. Likewise the designee will notify the HMWMD and the State
Inspector of Oils within 3 working days (or earlier if it is necessary and possible) of a leak,
release or spill occurring within their jurisdiction.
Page 6 of 16 pages
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_�i . . .. LLY`J I II
2
2. When authorized by the HMWMD, the designee shall provide local oversight, as necessary and
appropriate,during investigations or corrective actions to ensure compliance with the approved
corrective action plan(s) and provide periodic summaries to the HMWMD concerning these on
site activities.
3. When a preliminary report, closure report, site assessment or corrective action plan ("the
reports") is received by the HMWMD, the HMWMD will request that a copy of each report be
supplied to the designee or send a copy to the designee so that a report review can be
performed by the designee for that area. The HMWMD will authorize the designee to review and
comment on "the reports" pursuant to this agreement. The designee will have 30 days to
respond in writing with either comments or no comments upon receipt of "the reports"
authorized by the HMWMD. The contractor may submit a letter indicating that due to their work
load, lack of staff, or limited funds the contractor will be unable to complete the review within
the time period specified above. The HMWMD will accept a prioritized list indicating which
reports the contractor can respond to within the time period specified above.
4. When authorized by the HMWMD,the designee shall provide assistance to the HMWMD during
meetings with owners and/or operators concerning comments made on reports, field
investigations and site visits associated with corrective actions, and/or enforcement actions
taken.
5. The designee will be authorized to enter the property for inspection where a release or
suspected release from a storage tank is located when requested by the HMWMD for the
purposes of this contract. For the purposes of implementing the provision of CRS 25-18-104,
the designee will be authorized to issue a letter of notification pursuant to subsections 280.65
and 280.72 of the storage tank regulations.
6. The designee will be authorized to provide necessary oversight at locations where contaminated
materials are located to ensure proper management and disposal of these materials when
requested by the HMWMD for the purposes of this contract.
THE FOLLOWING ARE OPTIONAL CATEGORIES FOR LEVEL I ACTIVITIES AND MAY BE SELECTED BY
THE DESIGNEE IF THE DESIGNEE DESIRES TO HAVE THEM AS PART OF THIS CONTRACT.
1. The HMWMD shall notify proper state, local agencies, fire departments and elected officials, as
appropriate, when leaks are identified. The designee may notify local agencies and fire
departments in their jurisdiction.
2. If authorized by the HMWMD, the designee may be asked to identify populations, or structures
that could potentially be impacted, based upon available local information.
3. When authorized by the HMWMD, the designee may be asked to help provide information to
the public concerning corrective actions taken or contemplated by the HMWMD to protect
public health and safety at locations where contamination has been discovered.
4. The HMWMD will inform the designee within 5 working days, of enforcement actions taken at
storage tank locations, within their jurisdiction.
5. The designee may be requested by the HMWMD to collect soil and/or ground water samples
for monitoring purposes at leaking storage tank locations. The designee shall provide split
samples to the owner/operator at such a site to ensure compliance with the Underground
Page 7 of 16 pages
930622
Storage Tank Act.
6. The designee may be requested by the HMWMD to provide assistance to the HMWMD during
meetings with owners and/or operators concerning reports on field investigations and site visits
associated with remediations and/or enforcement actions when authorized.
7. After the HMWMD has identified/approved a corrective action plan or where initial corrective
actions are being conducted, the designee may be requested by the HMWMD to provide
necessary oversight at the locations where contaminated materials are located to ensure proper
management and disposal of these waste materials.
• B. Level II - FEDERAL GRANT PROGRAM - LUST TRUST FUND ACTIVITIES
1. When authorized by the HMWMD,the designee may provide assistance in obtaining appropriate
site access from private property owners, city or county property access, and street
right-of-ways for LUST Trust Fund investigations. Site access activities shall be conducted at
locations where the HMWMD has determined that an investigation is necessary and that efforts
must be made to ensure human health and/or environmental protection.
2. After the HMWMD has determined that a LUST Trust Fund investigation is necessary, the
designee, when authorized by the HMWMD, may assist in locating, mapping and identifying
utility locations as defined in the protocol, with local or major utility company's and help
coordinate efforts between state contractors and the individual utility contacts. The designee
may serve as a consultant to the HMWMD for the purposes of providing contact with local
agencies and the local community.
3. After the HMWMD has identified a site and scheduled the location for investigation, the
designee, when authorized by the HMWMD, may perform preliminary interviews with local
citizenry at or near locations where an investigation will be conducted and may be responsible
for assisting the HMWMD in coordination of all related trust fund activities (i.e. providing a
contact for concerned individuals regarding these activities, helping the HMWMD provide
information dissemination to concerned individuals, politicians, etc.).
In all circumstances the designee, or the local health department is responsible for providing the appropriate
training to their staff, assigned to those tasks involving on site visits or inspections, to ensure compliance
with all applicable federal and state occupational health and safety requirements. The designee will also be
responsible for conducting periodic medical monitoring of the staff members assigned to field activities.
The state storage tank program may provide periodic training seminars to the designee to insure
consistency of the program.
The designee shall perform the Core Categories For Level I Storage Tank Activities based upon the available
resources. Compensation will be based upon these Core Categories for Level I Storage Tank Activities.
A designee may select any one or a combination of the optional categories for Level I Storage Tank
Activities outlined above. The designee must indicate below which Optional Categories For Level I Storage
Tank Activities they do not wish to perform. If the designee decides to participate in Level II Lust Trust
Activities, they will be responsible for all categories under Level II. Please see Addendum B for further
information on performance of Level II Activities.
Page 8 of 16 pages
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SELECTED ACTIVITIES TO BE PERFORMED BY THE CONTRACTOR
A. The designee agrees to perform ALL CORE CATEGORIES for Level I Storage Tank Activities
by signing and dating the line below:
NAME �/� .TV/ �r J �✓ '2 DATE t77Thig3
B. The designee agrees to perform all the optional categories for Level I Storage Tank Activities
except the following categories:
(If you agree to perform all optional categories, state "will participate in all activities.")
NAME DATE
C. The designee agrees to perform ALL CATEGORIES for Level II LUST Trust Fund Activities by
signing and dating the line below:
NAME DATE
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930522
ADDENDUM B
FUNDING FOR LOCAL DESIGNEE CONTRACTS Ir,
�. JUN 2 $ 1993 4l
I. Purpose
This document is designed as a guide for use by the HMWMD and local designees to determine the
amount of funding available type of work agreed to by each agency for each activity. The categories for
each activity are as follows:
o Level I Storage Tank Activities
o Level II - LUST Trust Fund (Federal Grant) Activities
The department considers the breakout of storage tank and LUST Trust Fund activities to be separate and
as such has determined that separate funds shall be provided to the designee for the storage tank and LUST
Trust Fund portions of this agreement. A reimbursement schedule follows which specifies the amounts
available to the designee for each portion of the state's program(s). The designee will be reimbursed only
for those selected activities assigned to them by the HMWMD.
II. Designee Funding
Based on the current funding available, the HMWMD cannot fund a complete or comprehensive
program for each local entity wishing designation. Instead, the available dollars will only cover limited
involvement at this time.
III. Reimbursement
The HMWMD has determined that a flat rate will be applied to all activities identified in Section I
(Purpose) above. The total amount available for distribution on Level I Activities is $50,000.00 for this
contract period ending June 30, 1994. It will be divided as listed below. The amount allocated for each
activity reflects the level of effort the HMWMD believes is necessary for each task.
o Level I Storage Tank Activities - $50,000.00 per year
o Level II - LUST Trust Fund Activities - $2000.00 per site assigned by HMWMD
Level I Storage Tank Activities
The amount allocated for Level I Activities will be split further by dividing the total dollars available by
the number of months in the contract period. The result is then divided by the number of designees under
contract with the HMWMD for the contract period. At the end of each half year, all monies not previously
used in each activity category will be reapplied to the remaining time period and will be made available to
the designee(s)working on such tasks. The HMWMD will request that all contractors submit complete billing
invoices for each site (see Addendum C) on a Quarterly basis durina the contract period. The invoices for
the first three (3) Quarters will be submitted within thirty (301 days after the end of each Quarter. Invoices
for the final Quarter of the contract period should be submitted no later than June 20, 1994. The HMWMD
requires that each designee keep track of their actual time spent for each month, on all related storage tank
activities. This information will be used to develop a basis for requesting future increases in spending
authority for the program.
Page 10 of 16 pages
930622
LUST Trust Fund Activities o rt'! 2 8 1393
Level II - LUST Trust Fund (Federal Grant) Activities: The HMWMD will make available a maximum of
$2000.00 per site. When a site has been assigned to a state contract consultant for investigation and field
work,the HMWMD will contact the current designee for that area and offer the opportunity for participation.
in the event that the designee declines participation, another designee may be sought or considered by the
HMWMD.
Please note that this task will require an accurate accounting of all time spent on a project and the type(s)
of activities performed so that cost recovery efforts can be undertaken by the HMWMD.
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06/18/93 Addendum C „I
Underground Storage Tank Program Ju ' 2 `1 %93
Reimbursement Invoice
County: Date: Site Name:
Submitted by: Site Address:
(INDIVIDUAL NAME)
Signature:
Owner/Operator
Send Payment To: Name:
Address:
ACTIVITIES DATE HOURS RATE TOTAL
Level 1
Consultations
Field Investigations
Sample Collections
Report Reviews
Administrative Activities
Other
Total
Level 2 LUST Trust Fund Activities
LUST Trust Site ID#
Site Access
Utility Identification
Public Interviews
Total
Comments:
Program Approval: Date:
Financial Approval: Date:
Page 12 of 16 pages
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15_93
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GENERAL PROVISIONS -- page 1 of 2 pages
1. 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 withholding shall_.provide and
keep in force worker's compensation (and show proof of such insurance) and unemployment
compensation insurance in the amounts required by law. Contractor will be solely
responsible for its acts and the acts of its agents, employees, servants and
subcontractors during the performance of this contract. •
2. Contractor authorizes Health, - or its agents, to perform audits and . to make
inspections for the purpose of evaluating performance under this contract.
3. Either party shall have the right co terminate this agreement by giving • the' ocher
party thirty days notice by registered mail, return receipt requested. If notice is so
•givens thisttagreemenc shall terminate on the expiration of the thirty days, and the
1•iabi ity ; of •the -parties:: hereunder' •for '• .the further performance of the: termof this
:•agreement.-shall, :thereupon cease•,-but'the .parties-.shall not:be reliayed: of: the : •di,c$ co
perform' ctieir obligations up toe the' dace of termination:.
4- This agreement - is intended as the complete integration of all understandings • -
between the parties. No prior or contemporaneous addition, deletion, or ocher amendment
hereto shall have any force or effect whatsoever, unless embodied herein in writing. No
subsequent novation, renewal, addition; deletion, or other amendment hereto shall have
any force or effect unless embodied in a written contract executed and approved pursuant
co the Stare Fiscal Rules.
5. If this contract involves the expenditure of federal funds, this contract is
contingent upon continued availability of federal funds for payment pursuant to the
. terms of this agreement- . Contractor also agrees to fulfill the requirements of:
•
a) Office of Management and Budget Circulars A-87, A-21 or A-122, and A-102 or
A-110, whichever is applicable; • - -
b) the Hatch Acc (5 USC 1501-1508) and Public Law 95-454 Section 4728. These
statutes state- that 'federal funds cannot be used for partisan political purposes of any
kind by any person or organization involved in the administration of federally-assisted
programs; •
c) the Davis-Bacon Act (40 Scat. 1494. Mar. 3, 1921. Chap. 411, 40 USC
276A-276A-5) . This act requires char all laborers and and mechanics employed by
contractors or sub-contractors co work on construction projects financed by federal
assistance must be paid wages not less than chose established for the locality of the
project by the Secretary of Labor;
d) 42 USC 6101 et seq, 42 USC 2OOOd, 29 USC 794. These acts require char no
person shall, on the grounds of race, color, national origin, age, or handicap, be
excluded from participation in or be subjected co discrimination in any program or
activity funded, in whole or in part, by federal funds; and
Page 13 of 16 Pages
Rev . 06/0.1/.92
930622
•• GENERAL PROVISIONS--Page:.2..:' 2.pages Ifn
i
; t '
the Americans. with Disabilitie's Act Mantic Law 101-336; 42 USC 12101, 12102. .
- '12I1T•e,' .12117 f•12131:- 1213{: fit-L41:-,12150, .12161..-. 1.2165,..112181 12189,- 12201 12213
- and '47•USC' 225 and 4-7 USC 611. ` _ '
f) if the contractor is acquiring real property and displacing households or
businesses in the performance of this contract, the contractor is in compliance with the
Uniform Relocation Assistance and Real Property Acquisi246tionn Poli
ies)G Act, as amended
(Public Law 91-646, as amended and Public Law 100-17, 101 s
g) when applicable, the contractor is in compliance with the provisions of the
'Uniform Administrative Requirements for Grants and Cooperative Agreements co Scace and
Local Governments (Common Rule) .
6. By signing and submitting this contract the contractor states that:
a) the contractor is in compliance with the requirements of the Drug-Free
Workplace Act (Public Law. 100-690 Title V. Subtitle D. 41 USC 701 et seq.) ;
b) ' the contractor is not presently debarred. suspended. proposed for debarment.
declared ineligible, or voluntarily excluded from covered transactions by any federal
department or:_agency. - . .. . . ., . .._.
' j. . To- 'be be considered for: payment. -billings .for:paymeiic: pursuant .Gd_ •
. .
..' '... chisMcoocract.must -
.be received .t,ithtn .60-days' after the;period. £orwh.ieh.• paymenc 'is,.,--being "'xequesced ..anp
_• final billings on the contract must be received by Health withiri-'60 days-'after the end'. '
of the contrace' cerm.
8. If applicable, Local Hatch is to be submitted on the monthly payment statements, in
the column provided, as required by the funding source.
9. If Contractor receives $25,000.00 or more per year in federal funds in the
aggregate l rifi from
ubllicalaccountant, whi agrees
meets have
the requirements ofaudit,
Office ofaManagement independent
and
Budget Cd p
Budget Circular A-128 or A-133, whichever applies. If Contrac=oval5 Contractor`s audbmit
oC
an annual indirect cost proposal co Health for review and app
will audit the proposal in accordance with the requirements of OMB Circular A-.87 . A-21.
or A-122. Contractor agrees co furnish one copy of the audit reports co the Health
Department Accounting Office within 30 days of their issuance, but not later than nine
ne
months after the end of Contractor's fiscal year. Contractor agrees- Ercake apprn ptni
corrective action within six months of the report's issuance in instances of
noncompliance with federal laws and regulations. Contractor agrees• co permit Health or
its agents co have access co its records and financial statements as necessary, and
further agrees co retain such records and financial statements for a period of three
years after the dace of issuance of the audit report. This contract D __._.- --
contain federal funds as of the dace is is signed.
This
tmi c
requirement
Ls incaddicion co
any other audit requirements contained in ocher pned ra g Pi within
t.
co t 10. Contractor agrees co not use federal
funds by c co satisfyopfeideralf cost a sharing and
matching requirements unless approved in writing
g .
. Page 14 of 16 Pages
Rev" 06/01 /92 930622
•
•
U t j •nl. •• .� •
. ..
SPECIAL PROVISIONS ' •) 7,
CONTROLLER'S APPROVAL •
I. This cbon'act shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate.This
provision is applicable to any contract 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 being appmpnated,budgeted and otherwise
made available.
- BOND REQUIRE_- E:3T
3, If this contract involves the payment of more than fifty thousand dollars for the construction,erection,repair,maintenance,or improvement of any building,
road,bridge.viaduct,tunnel.cacao auan or other public works for this States the contractor shall.before entering the performance of any such work included in tats
contract,duly execute and deliver to and file with the odicial whose signature appears below for the State,a good and sufficient bond or other acceptable surety to be
approved by said official 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 tithe contractor or his subcontractors
fail to duly pay for any labor,materials,team hire_sustenance_provisions.pmventororaher supplies used or consumed by such connector or his subcontractor in
. performance of the work contracted to be done_the surety will pay the same in an amount not exceeding the sum specified in Me bond,together with interest at the
rate of eight per cent per annum.Unless such hoed.when so required,is executed_delivered and filed,no claim in favor of the contractor arising under this contract
shall be audited allowed or p'id.A certified or cashiers check or a bank money order payable to the Treasurer of the State.of Colorado may be accepted in lieu of a
bond.This provision is in compliance with 38-26-106 CRS, as amended. ' •
. . :QYI)EJIIYIFIC,ATION •' ... : . . . ._ . .
• r .. • • 4. To'thetxtcau atidroriztd by taw.the cersu'ipor sluff-isdannify:save and hold barmiest the.State,'us employees and ageing.against any and all daunt..
'damage.liability and coun awards including Mss,efpenies.lad anoint/fees inturrtd as a iesulrof any'act oremission by the contractor,or ies-anplbyees,:
agents.subcontractors.or assignees pursuant TO the terms of this contract.
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 practices(24-34-102.CRS 1982 Replacement VoL).and as required by Executive Oita.Equal Opportunity and Atfirma-
• aive Action.dated April l6. 1975. Pursuant thereto. Me following provisions shall be contained in all State contracts or subrnntmcrs,
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,mental or physical handicap,or age.The contractor will take affirmative action to insure that applicants are employed,and that employees are
treated during employment,without regard to the above mentioned characteristics.Such action shall include,but not be limited to the following employment.
upgrading,demotion,or transfer.recruitment or recruitment advertising lay-offs or terminations:razes of pay or other forms of compensation:and selection for
- training,including apprenuceship.The contractor agrees to post in conspicuous places.available to employees and applicants foremplovment.notices to be pro.
aided by the contracting officer setting forth provisions of this nondiscrimination clause. .
12) The contractor will.in all solicitations or advertisements for employees placed by oron behalf of the contractor,state that all qualified applicants willreceive
consideration for employment without regard to race,creed color,national origin,sex, marital status, religion:ancestry-mental or physical handicap.or
age.
13) Thecontracor will send to each labor union orrepresentative&workers with which he has collective bargaining agrmment or other contract or understand-
ing.notice to be provided by the contracting officer.advising the labor union or workers'representative of the contractors commitment under the Executive
Order. Equal Opportunity and Affirmative Action,dated April 16, 1975.and of the rules,regulations,and relevant Orders of the Governor.
(4) The contractor and labor unions will banish all information and reports required by Executive Order.Equal Opportunity and Affirmative Action of April 16.
1975.and by the rules,regulations and Orden oldie Governor.or pursuant thereto,and will permit access to his books.records,and accounts by the contracting
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 organization or discriminate against any of its members in the fug enjoyment of work opponumry,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 dts-
e immaory or obstruct or prevent any person front complying with the provisions of that contract or any order issued thereunder:or attempt either directly Jr
indirectly.to commit any act defined in this contract to be discriminatory.
)95.53-01-1022
Revised l/88 page 15 ate 16 pag<i
930G22
Form 6-AC-02C
•
(7) In the event of the contractor's non-compliance with the noo.disaimioation clauses of this contractor or with any of such rules.regulations.ororders.this
contract may be cancelled,terminated or suspeded in whole or in pan and the contractor may be declared ineligible for further State contracts us accordance
with procedural.authorized in Executive Orderr,Equal Opportunity and Affirmative Action of April 16.1975 and the rules,regulations.or orders promulgated
in aerardana therewith•and sacs other sanctions as may be iopoaed and remedies as may be invoked as provided in Extensive Order.Equal OPportunnv and
M'umative Aaioe of April 16. 1975. or by odes.regulations.or orders promulgated in accordance therewith.or as otherwise provided by law.
(8) Ile contractor will include the provisions ofparagraph(I}through(8)in every sub-contract and subcontractor purchase oroerunless exempted by rules.
regulations.or order issued pursuant to Executive Order.Equal Oppornmty and Affirmative Action of April 16.1975.sothatauch provisions will be binding
upon each subcontractor or vendor.The contractor will take inch action with respect to any sub-contracting or purchase order as the contracting agency may
direct.a a means of enforcing such provisions.including saomas for non-compliance provided.however,that in Neevent the contractor becomes involved
in.or is threatened with.litigation with the subaaroaaor or vendor sea taus of such direction by the contracting agency,the contractor may request the State
of Colorado to enter into such litigation to p.orea the interim of the State a(Colorado.
COLORADO LABOR PREFERENCE •
6.. Provisions of 8-17-101 &102.CRS for preference of Colorado labor are applicable to this contract if public works within the State art undertaken hereun-
der and am financed in whole or in part by State funds.
b. When cons n Ction eoncaa(or a public project is to be awarded to a bidder,a roadie bidder shall be allowed a preference against a non-resident bidder
from a state or foreign country equal to the preference given or required by the state or foreign country in which Me non-resident bidder is a resident.If it is deter-
mined by the officer responsible forawarding the bid drat compliance with this subsection.06 may cause denial of federal funds which would otherwise be avail-
able or would otherwise be inconsistent with requirements of federal Law.this subsection shall be suspended,but only to the extent necessary to prevent dental of
• the moneys or to eliminate the inconsistency with federal requirements(section 8-19-101 and 102. CRS). •GENERAL- - . . , ....' .. ..
_ 7: Tie Laws of the State of Colorado and risks and regdlidcns lansedyunaaat thereto shall be-applied in the ii terper taoal.exeeysion.pid enfor,eement Ar Inks "
• • -contact Any provision of this contract whdha or mot incorporated hereto l!7Telerenic whichprevtdes for arbitration by an*exua-judicial bdy or person or.
•
.. -Which is othawjse in Madam:wadi said lien..cold igd regulanent Mall be considered gull sod said Nothing contained iq any provision incorporated hereinby
• ' reference which purporn to negate this or any other speaal provision in whole or in parrahall be valid or enforceable or available ib anyactionli law whether by .
way of complain defense or otherwise.Any provisionredered null and void by the operation of this piovision will not invalidate the remainder of this contract to
the ahem that the contract is capable of exeatiat. - . '
8. As all times during the performance of this Comma.the Coeeacmr shall strictly adhere to all applicable federal and state laws,rules and regulations that
have beet or may hereafter be established.
9. The signatories hereto aver that they am familiar with 184.301.R seq..(Bribery and Corrupt In luences),and 18.8—s01,et seq..(Abuse of Public OfFice:
CRS 1978 Replacement Vol— and that no violation of such provision is present.
10. The signatories aver that to their knowledge, no scam anptoyee has a personal or beneficial interest whatsoever in the service or property
described hesher
IN WTrNESS WHEREOF. the parties hereto have executed this Contract on the day first above written.
Contractor.
(Full Lc Name) ELD C LINTY BOARD OF COMMISSIONERS gran OFCOLOMDO'
� � KI ?Xl, ROY ROMER, GOVERNOR
07/21/93 - — — Pay
w H WEBSTER -. By
'7 EXECUTIVE DIRECTOR.
Position (Tide) CHAIRMAN PRO—TEM
84-6000813
Sear srvtnn Neat w rear IA. DEPARTMENT
OF HEALTH
IIf Corporatimc) alli) ,� j r J�!J WELD COMFIT HEALTH DEPAICEDIT
Attest (Seal) ,f if �✓/(�.;.��
Ir. By ` i Ar G'�/L''IL RdolpGordon, M.D., 24.11.11.. an
..,a . '1'U BOARD Director
• APPROVALS
ATTORNEY GENERAL CONTROLLER
By By
PROGRAM APPROVAL:
r... 16-.. .'at•• 16 „ '
101.11at.lO lO,Mrna. nab •to....rvn.....r.rm...vI 00 } r•.
• 930622 .,.
44t6r mEmoRAnDum
Constance L. Harbert, Chairman
Board of County Commissioners July 9, 1993
To Date f
COLORADO Jeannie K. Tacker, Business Manager, Weld County Health Drept.'\, 1
From
Storage Tank Remedial Program Contract
Subset:
‘./
Enclosed for Board approval is a contract between the Weld County Health
Department and the CDH storage tank remedial program.
The objectives of the program are: 1) to foster communication between CDH and
local health departments on storage tank issues, 2) to assist CDH in responding
rapidly to leaks, spills, releases, or contamination problems, and 3) to provide
local contact for owners/operators and the public concerning storage tank issues.
For these services the Health Department will receive $5,555.55 for the period
July 1, 1993 through June 30, 1994.
I would recommend your approval of this contract.
If you have any questions, please feel free to contact me.
930622
Hello