HomeMy WebLinkAbout930833.tiff RESOLUTION
RE: APPROVE EXTENSION OF CONTRACT BETWEEN HEALTH DEPARTMENT AND COLORADO
DEPARTMENT OF HEALTH, AIR POLLUTION CONTROL 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 an Extension of Contract between
the Weld County Health Department and the Colorado Department of Health, Air
Pollution Control Division, commencing July 1, 1993, and ending September 30,
1993, with the further terms and conditions being as stated in said extension,
and
WHEREAS, after review, the Board deems it advisable to approve said
extension, 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 Extension of Contract between the Weld County Health
Department and the Colorado Department of Health, Air Pollution Control Division,
be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
authorized to sign said extension.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 23rd day of August, A.D. , 1993, nunc pro
tunc July 1, 1993.
/ VSULL
BOARD OF COUNTY COMMISSIONERS
ATTEST: WEL COUNTY, COLORADO
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Weld County Clerk to the Board
BY: / �Constance rbe Chairman
Ala
Deputy Clerk to the * ard1 W. H. -Webster, Proem
APPROVED AS TO FORM: <„,
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rge F,!rBa Baxte
my Atto ey Dale . Hall
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Barbara J. Kirkm er
930833
97O9 6
STATE OF COLORADO
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COLORADO DEPARTMENT OF HEALTH co404y
Dedicated to protecting and improving the health and "\b
environment of the people of Colorado • I.69 i •
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4300 Cherry Creek Dr.S. Laboratory Building •18 76•
Denver,Colorado 80222-1530 4210 E.11th Avenue
Phone(303)692-2000 Denver,Colorado 80220-3716 Roy Romer
(303)691-4700 Governor
Patricia A.Nolan,MD,MPH
Executive Director
August 10, 1993
Mr. Randy Gordon
Director
WELD COUNTY HEALTH DEPARTMENT
1517 16th Avenue Court
Greeley, Colorado 80631
Re: Extension of Contract AIR930876
Dear Mr. Gordon:
The State of Colorado hereby notifies Weld County Health Department, that pursuant to
Paragraph I.B of Contract AIR930876, (which by this reference is made a part hereof) , the
State will exercise its option to renew this Contract for an additional three months
beginning July 1, 1993 and ending September 30, 1993 and awards SEVEN THOUSAND ONE HUNDRED
NINETY-EIGHT DOLLARS AND TWENTY-NINE CENTS ($7198.29) for that period. A breakdown of
activities and costs are identified below:
$2981.50 shall be for the activities as specified in Section III.A. , III.C. , III.E. ,
III.F. , III.G. , IV. , V, and VI. of the original Contract.
$430.00 shall be for the activities in Section I.F. of the original Contract.
$1200.00 shall be for the identification of 16 new sources as specified in Section
III.D. of the original Contract.
$1400.75 shall be for the activities specified in Section II. of the original Contract.
$311.04 shall be for earning 9 asbestos credits as specified in Section III.8. of the
original Contract.
$875.00 shall be for activities specified in Section V.B. of the original Contract.A new Workload as Exhibit I. The
tor at for the extended period is shall match the State with enclosed at least $9184.00. The Contractor shall request re mburse entcfor
the extended portion of the original Contract not later than November 1, 1993. All other
terms and conditions of the original Contract shall remain the same.
Mr. Randy Gordon
August 10, 1993
Page 2
Please sign and return all copies of this notification.
This letter of amendment to the Contractor is intended to be effective July 1, 1993, but in
no event shall this amendment be deemed valid until it shall have been approved by the State
Controller of such assistant as he may designate.
Sincerely,
F/ %
Lee Thielen, Assistant Director Contractor Weld County Health Department
Colorado Department of Health
Federal I.D. Number 846000813
By
Title
Progr Air Pollution Control Div. ; ,..,
CONTROLLER i',/AL,.
By CONTROLLER
By
Enclosure
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Chaumar,, 'and of Cow �___.._
} Y Corr�mirlcners �o75�93
ATTEST: 41-14
WELD COUNTY CLv zi I T E BOARD
BY:
EPUTY CLERK T CHE BOARD
EXHIBIT 1
1993 WORKLOAD ESTIMATE
WELD COUNTY HEALTH •
STATIONARY SOURCES ACTIVITIES
MAJOR SOURCE INSPECTIONS (see attached list) 6
MINOR SOURCE INSPECTIONS (see attached list) 10
PORTABLE SOURCES - 1
FINAL APPROVAL INSPECTIONS (three-year average) 9
ENFORCEMENT ACTIVITIES (three-year average) 1
COMPLAINTS (three-year average) 62
OPEN BURNING PERMITS (three-year average) 75
WOOD STOVE DEALER INSPECTIONS (see attached list) 1
ASBESTOS INSPECTION CREDITS 9
NEW SOURCE IDENTIFICATION 16
TRAINING & CERTIFICATION VE & ODOR PLUS TRAINING
TECHNICAL SERVICE ACTIVITIES
PARTICULATE MONITORS 3 MONITORS, 60 SAMPLES
GASEOUS MONITORS 1 STATION, 2 MONITORS
MOBILE SOURCE ACTIVITIES
PROCTOR TESTING PROCTOR CERTIFICATION TESTING
Q3
COUNTY WELD 2220
INSPECTION
SOURCE I SOURCE NAME . . QUARTER
***************************************************
MAJOR SOURCES
045 GREELEY EXCAVATION 3
074 AMOCO - SINGLETREE 3
075 AMOCO - SURREY 3
076 AMOCO - WEST SPINDLE 3
088 COORS - KEENSBURG MINE 3
102 CONNELL/LOVELAND EXCIV 3
MINOR SOURCES
138 ONCE A TREE FURNITURE 3
140 NORTHERN PRIMINMG & PRESTAI 3
141 WESTERN GAS SUPPLY CO 3
154 CACTUS RANCH CATTLE CO 3
157 MTN VIEW LAMB FEEDERS 3
160 ANDERSON SALES & SALVAGE 3
163 ROGGEN GAS PROCESSING 3
166 MOREY'S SALVAGE & GLASS 3
169 DAVID JOSEPH CO 3
181 NATIONAL HOG FARMS 3
WOODSTOVE DEALER
POULSON HARDWARE
DEPARTMENT OR AGENCY NUMBER
FAA-260000
CONTRACT ROUTING NUMBER
PI930876
CONTRACT
THIS CONTRACT, made this 31st day of December 1992 by and between the State of
Colorado for the use and benefit of the Department of HEALTH, AIR POLLUTION CONTROL DIVISION,
4300 Cherry Creek Drive South, APCD/ADM/B1, Denver, Colorado 80222-1530 hereinafter referred
to as the State and Weld County Health Department, 1517 16th Avenue Court, Greeley, Colorado
80631 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 100/119 , APPR Code 105 , Contract Encumbrance Number AIR930876 ;
and
WHEREAS, required approval, clearance and coordination has been accomplished from and
with appropriate agencies, and
WHEREAS, pursuant to the legislative declaration set forth in the "Colorado Air Quality
Control Act" hereinafter called "Act", and pursuant to Standards, Rules and Regulations and
Statements of Policy of the Air Quality Control Commission relative thereto and supplements
or amendments thereto, and to Orders, Decisions, Findings, Rulings, and administrative
functions and procedures adopted, promulgated, issued and enforceable pursuant to law, the
State is vested by law with the duties and powers necessary to carry out the intent of said
Act and the State Implementation Plan (SIP) ; and
WHEREAS, pursuant to the provisions of Section 25-7-111, C.R.S. of the Act, the State
is vested with certain powers therein prescribed, including in Subsection (2) (f) of said
section the following:
(2) (f) "Designate one or more persons or agencies in any area
of the state as an air pollution control authority as
agent of the division to exercise and perform such
powers and duties of the division as may be specified in
such designation"; and
WHEREAS, the State, in exercise of the power aforesaid, desires to designate the
Contractor to act in its behalf within the jurisdiction designated in Paragraph I.D. herein
in carrying out each and all responsibilities implemental of the legislative declaration
enunciated in the Act and as hereinafter prescribed, not by way of limitation, in
administering and enforcing the Act and Rules and procedures aforesaid; and the Contractor
agrees to accept said designation under said terms and conditions; and
WHEREAS, nothing herein shall affect the ability of the Contractor to participate in
the development of SIP revisions or to challenge any provision thereof, provided, however,
' that the Contractor agrees that it shall enforce the effective provisions of the State
Implementation Plan as provided by this Contract until they be modified.
NOW THEREFORE, it is hereby agreed that:
I. Administration
A. Designation as Agency
The State does hereby designate the Contractor and the Contractor does hereby
Page 1 of 12 91093'3
accept the designation as the Agent of the State pursuant to 25-7-111(2)f, C.R.S.
The Contractor agrees to do and perform, in accordance with such Act, Standards,
Rules, and Regulations, Orders, Decisions, Findings, Rulings, and administrative
functions and procedures, and any amendments, additions, and revisions thereof,
such services as are required in enforcing the same.
B. Contract Term
•
The term of this Contract is beginning January 1, 1993 and continuing through
June 30, 1993, renewable for an additional three (3) month period, at the State's
option. If this Contract is so renewed, renewal shall be by Letter of Agreement
(copy attached) and by this reference made part hereof as Exhibit 3 and all terms
and conditions of the Contract remain the same.
C. Supersession
This agency designation shall revoke and supersede any earlier written or oral
delegation of authority by the State to the Contractor concerning the control of
air pollution in the areas listed in Paragraph I.D.
D. Area of Control
The Contractor agrees to perform the duties listed in this Contract in the
following political subdivision of the State of Colorado:
Weld County
E. Support Personnel
The State shall designate specific state personnel who shall provide information
to assist the Contractor in its performance under this Contract. The State shall
notify the Contractor of such personnel who have been so designated.
F. Cooperation, Training and Instruction
The State shall cooperate with and provide assistance to the Contractor to ensure
receipt of the training and instruction reasonably necessary to fulfill the
requirements of this Contract.
The Contractor shall ensure that: up to four (4) persons attend one classroom
opacity session and one opacity certification session per Contract period and two
(2) persons attend one odor school per Contract period; a State Certified Opacity
Observer is on staff at all times; appropriate staff attend all scheduled
enforcement seminars and training sessions; and the Contractor be represented at
the annual All Agency Meeting.
The Contractor shall ensure that its employee who conduct asbestos abatement
inspections undergo the required medical monitoring and respirator fit testing
and use properly fitted respirators and protective clothing while performing
asbestos inspections or investigating asbestos complaints.
G. Nothing herein shall limit the ability of the Contractor to administer and
enforce its own ordinances and orders issued under its own independent authority
to control air pollution.
II. Ambient Air Quality Monitoring
A. The Contractor shall operate an air quality monitoring network consisting of two
(2) fine particulate monitors, one (1) total suspended particulate monitor, one
(1) ozone monitor, and one (1) carbon monoxide monitor within the areas listed
in Paragraph I.D. , in locations determined by the State and using monitors and
filter pads provided by the State.
B. The State shall provide the Contractor with a schedule for the operation of the
particulate monitors, the changing of filter pads at those monitors, and
instructions for the submission of those pads to the State. The Contractor shall
Page 2 of 12
x,'le
operate the monitors, change the filter pads, and submit the filter pads to the
State in accordance with the schedule and instructions.
C. The Contractor shall provide the following services for the carbon monoxide and
ozone monitors:
1. First line maintenance.
2. Troubleshooting on maintenance problems with the assistance of the State,
including visual inspection of operating components, minor adjustments of
operating parameters, adjustment of zero and span controls for carbon
monoxide monitors only, changing of pumps, and other minor functions not
requiring the use of voltmeters or sophisticated tools.
3. Changing of cylinders of gas.
4. In accordance with the schedule to be provided by the State, inspections
not to exceed three per week at each of the monitors.
5. Maintenance of State provided log sheets for each of the monitors.
III. Stationary Sources
A. The Contractor, as a delegated authority of the State, will provide the following
services. The enforcement of the Act and regulations promulgated thereunder by
the Contractor shall be in a manner prescribed by the State.
1. Conduct inspections and provide enforcement and surveillance of sources
which are subject to the provisions of the Colorado Air Quality Control
Commission's (the Commission's) Regulations Nos. 1 through 8, unless
otherwise specified or provided herein.
2. Conduct inspections as specified in this Section III.A., of all sources
listed in Exhibit 1, which is attached hereto and incorporated herein by
this reference following the schedule prescribed in Exhibit 1. As used in
Exhibit 1, the first period shall be from January 1, 1993 to March 31,
1993; the second period shall be from April 1, 1993 to June 30, 1993.
3. Prepare Notices of Violation, except for asbestos, in the form and manner
prescribed by the State for violations of the Commission's Regulations
Nos. 1 through 8. Notices of Violation should be sent under joint State-
Contractor signature.
4. Issue Compliance Orders for violations of the Commission's Regulations
Nos. 1 through 8, except for asbestos, after written approval by the
Executive Director of the Colorado Department of Health or his designee
with respect to each separate order to be issued. Prior written approval
by the Executive Director shall not be required for orders issued for
violations of Regulation No. 1, Section II.C. Compliance Orders may, but
are not required to, be issued under joint State-Contractor signature upon
request of either the Contractor or the State. Approval for the issuance
of Compliance Orders shall be obtained in accordance with the following
procedures:
a. A copy of a draft of the Compliance Order prepared by the Contractor
shall be transmitted to the State person identified by Paragraph
I.E. of this contract.
b. The State shall ensure the appropriate circulation within the
Colorado Department of Health to obtain technical review, legal
review and approval (concurrence) or disapproval for the issuance of
the Order.
c. Approval (concurrence) for the issuance of each separate order may
be conditioned upon modifications or amendments to such order; and
shall be evidenced on the draft order or amendments affixed thereto
by the written initial or signature, denoting approval or
concurrence, of the Executive Director of the Colorado Department of
Page 3 of 12 4
Health or his designee.
5. Conduct investigations of specific air contaminant sources upon request of
the State or upon valid written complaint of any other person within the
area identified by Paragraph I.D. of this contract, to ascertain
compliance with the Act, including the Standards, Orders, and Regulations
of the Commission.
6. Conduct surveillance of any stationary source observable during field
activities.
B. Reimbursement for asbestos inspections shall be limited to activities associated
with demolition or renovation projects.
1. For the purpose of determining inspection credits, the following
definitions apply:
a. A FULL abatement inspection is one in which the inspector enters
the enclosure, dressed in protective clothing and wearing
respiratory protection, for the purpose of observing work practices
and waste handling techniques.
b. A PARTIAL abatement inspection is one in which the inspector does
not enter containment.
c. A PRE-ABATEMENT inspection is one in which the inspector arrives at
the site after construction of the containment has begun but before
removal, encapsulation or enclosure has begun.
d. A POST-ABATEMENT inspection is one in which the inspector arrives at
the site after the removal, encapsulation or enclosure has been
completed, but before the containment has been taken down. The
inspector must arrive in time to conduct a complete visual
inspection.
e. A COMPLAINT inspection is one in which the Contractor is
investigating a report of violations or potential violations.
f. A FOLLOW-UP inspection is an inspection conducted for the purpose of
determining whether or not previously encountered violations have
been corrected.
g. A PRE-DEMOLITION inspection is an inspection that is conducted prior
to a demolition project.
r
Page 4 of 12 9y!0RR3:i
2. Reimbursements shall be based upon asbestos activity credits as shown in
the following table:
Reimbursements Reimbursements
(permitted (non permitted
Asbestos Activity projects projects
HOURS CREDITS HOURS CREDITS
Full inspection 3.00 1.20 1.50 0.60
Partial inspection 1.75 0.70 1.00 0.40
Pre-abatement. inspection 1.25 0.50 1.00 0.40
Post abatement inspection 1.75 0.70 1.25 0.50
Pre-Demolition inspection 1.25 0.50 1.25 0.50
Complaint inspection 3.00 1.20 3.00 1.20
Re-inspections Same as above
Consulting No credits for consulting ,
NOV Letters 3.00 1.20 3.00 1.20
NOV Conferences 5.00 2.00 5.00 2.00
Settlement Conference 3.00 1.20 3.00 1.20
Letter of Inquiry 2.00 0.80 2.00 0.80
Letter of Admonition 2.00 0.80 2.00 0.80
Adjudicatory Hearings 8.00 3.20 8.00 3.20
3. The maximum number of inspection credits required by this contract is
specified in Exhibit 1. A minimum of 75% of the inspection credits must
be earned through inspections as defined in Paragraphs III.B.1.a. to
III.B.1.g. above. The Contractor shall not be required to conduct
asbestos activities once the maximum number of credits has been consumed.
4. Post-abatement inspections shall be credited only when they include a
thorough visual inspection conducted inside the containment for the
purpose of determining the presence of suspect asbestos containing debris.
5. The Division shall reimburse the Contractor double the number of
inspection credits shown in the Table for any asbestos inspection
conducted entirely during off hours, for each inspector. For the purposes
of this Contract, off hours include weekends, official State holidays, and
between the hours of 6:00 P.M. and 6:00 A.M.
6. The Contractor shall investigate all complaints of asbestos-related
activities within the area defined in Paragraph I.D.
7. The Contractor shall not be reimbursed for any asbestos related activity
not associated with compliance with Regulation No. 8.
8. The Contractor shall prepare and sign all asbestos-related Notice of
Violation (NOV) letters, Letters of Admonition (LOA) , and letters of
inquiry and forward them to the State, which shall co-sign them and
transmit them to the addressee(s) .
9. The Contractor shall be co-participants in all NOV conferences,
Adjudicatory Hearings and settlement discussions, as necessary and
appropriate.
Page 5 of 12 9-0,931
C. Permits
The Contractor will perform the following services for the State in connection
with the enforcement and administration of the Commission's Regulations
concerning air pollution emission permits and open burning permits.
1. Issue or deny permits to open burn to individuals making application for
•
such permits within the areas listed in Paragraph I.D. provided that, in
cases involving novel or unusual issues or circumstances, or in cases
presenting questions of local importance or affecting the State
Implementation Plan, the Contractor shall secure the written approval of
the Executive Director of the Department of Health, or his designee, prior
to issuing or denying permits to open burn.
2. Provide appropriate permit application forms, furnished by the State, to
persons within the areas listed in Paragraph I.D. who are subject to the
provisions of the Air Quality Control Commission's Regulation No. 3;
review and report to the State on permit applications submitted by such
person within the time deadlines for permit review as specified in the
Act, and on conditions warranting revocation or modification of existing
permits issued pursuant to Regulation No. 3. The State reserves to the
Executive Director of the Department of Health, or his designee, the
authority to issue, deny, or revoke such permit applications and permits.
3. Conduct inspections of all sources within the areas listed in Paragraph
I.D. which have been issued initial approval of their emission permit, and
report to the State on conditions warranting revocation, or modification
pursuant to Regulation No. 3.
4. The Contractor shall conduct final approval inspections and submit the
completed inspection along with the agency's recommendations within thirty
(30) days of commencement of the full start-up operation date as submitted
by the source.
D. Identify and locate new unpermitted air pollution sources in accordance with the
procedures outlined in Exhibit 2, which is attached and by this reference made
a part hereof. The maximum number of new sources identified and located as
required by this contract is specified in Exhibit 1.
E. Provide air pollution emission notice forms furnished by the State to sources
within the areas listed in Paragraph I.D. subject to the requirements of Section
25-7-114, C.R.S. Completed forms shall be transmitted to the State in triplicate
for incorporation into the State air pollution emission inventory.
F. The State reserves the right to modify procedures for the enforcement of the
applicable regulations consistent with policy statements issued by the Division
and to provide forms to be used to implement said policy.
G. To enable the Contractor to execute the duties as specified in this contract, the
Contractor is hereby delegated authority to enter with the consent of the
property owner, or, with a warrant if necessary, any public or private property
to make inspections, conduct tests, or examine books and records. Should a
warrant be necessary to gain access to the property the Contractor shall notify
and obtain the written approval of the party designated in Section I.E. prior to
making application..€or a search warrant to the court.
IV. Emission Inventory
The Contractor shall participate in the emission inventory update process with the
State. The Contractor will in the course of continuing surveillance make emission
inventory updates on emission points at sources within the areas specified in Paragraph
1.D. Such updates will either be transmitted to the State as annotations on emission
inventory computer printout sheets or on forms acceptable to the State and the
Contractor.
Page 6 of 12
970831
V. Mobile Source Control Activities
A. The Contractor will assist in performing certain activities related to informing
and educating the public on various aspects of the Automobile Inspection and
Readjustment (AIR) Program and the oxygenated fuels program. Pamphlets,
brochures, and consumer information handbooks may be provided by the State for
distribution by the Contractor.
B. The Contractor shall proctor AIR Program Mechanic Testing in accordance with the
schedule to be provided by the State.
VI. Reports and Documents
The Contractor shall provide to the State the following reports and documents at the
times indicated.
A. A monthly report of activities for the Contractor's air pollution program using
the form supplied by the State. Each monthly report shall be submitted to the
Division by the 15th of the subsequent month.
B. Upon request of the State, reports covering specified violations in a form and
manner indicated at the time of the request.
C. Copies of all notices of violation and revocations of Open Burning permits within
seventy-two (72) hours after such notices of violation or revocations are issued.
D. Copies of all field inspection reports for those sources within the area
specified in Paragraph I.D. , as listed in Exhibit 1. All inspection reports
shall be submitted to the State within 45 days of completion of the inspection.
E. Copies of all permits for open burning issued by the Contractor shall be
submitted on a monthly basis.
F. All asbestos inspection reports shall be completed using the State form or a form
previously approved by the State. All inspection reports shall be submitted to
the State on a monthly basis and received no later than the 10th of the month
following the inspections.
VII. Forms and Formats
The Contractor shall use the forms supplied by the State in the performance of the
services as specified in this Contract unless prior written approval is granted by the
State authorizing the use of alternate forms.
VIII. Consideration and Budget
A. Consideration
The State shall, in consideration of said services, cause to be paid to the
Contractor, a total sum not to exceed $14,396.58 in the following manner:
1. For the work.nequired in Sections III.A. , III.C., III.E. , III.F. , III.G.,
IV. , V. , and VI. of this contract, two (2) payments of $2,981.50 to be
respectively billed as soon after January 1, 1993 and July 1, 1993. The
State shall process such requests as soon as possible after receipt. The
Contractor may not request reimbursement later than August 1, 1993.
Requests for reimbursement for these activities which are received after
this date shall not be processed and the Contractor shall not be
reimbursed.
2. For the activities specified in Section I.F. of this contract, two (2)
payments of $430.00 to be respectively billed as soon after. January 1,
1993 and July 1, 1993. The State shall process such requests as soon as
possible after receipt. The Contractor may not request reimbursement
later than August 1, 1993. Requests for reimbursement for these
activities which are received after this date shall not be processed and
Page 7 of 12 9OA
the Contractor shall not be reimbursed.
3. A total not to exceed $2,400.00 for the identification of new air
pollution sources as required by Section III.D. of this contract.new,
may be invoiced at the rate of $75 per application submitted to a maximum
of 32 applications. Requests for payment may be made monthly and shall
include an itemized list of the new air pollution source facilities as
specified by the procedures in Exhibit 2. These lists are subject to
Division review and approval. For sources which are identified between
January 1, 1993 and June 30, 1993, the Contractor may not request
reimbursement later than August 1, 1993. Request for reimbursement for
these activities which are received after this date shall not be processed
and the Contractor shall not be reimbursed.
4. For the activities specified in Section II. of this contract, two (2)
payments of $1,400.75 to be respectively billed as soon after January 1,
1993 and July 1, 1993. The State shall process such requests as soon as
possible after receipt. The Contractor may not request reimbursement
later than August 1, 1993. Requests for reimbursement for these
activities which are received after this date shall not be processed and
the Contractor shall not be reimbursed.
5. A total not to exceed $622.08 for asbestos activities as required by
Section 111.3. of this contract. These may be invoiced at the rate of
$34.56 per credit earned to a maximum of la credits. Requests for payment
may be made quarterly and shall include an itemized list of the projects
on which the credits were earned. These lists are subject to Division
review and approval. For asbestos credits which are earned between
January 1, 1993 and June 30, 1993, the Contractor may not request
reimbursement later than August 1, 1993. Request for reimbursement for
these activities which are received after this date shall not be processed
and the Contractor shall not be reimbursed.
6. A total of $1,750.00 shall be for the proctoring of AIR Program Mechanic
Tests, which shall be reimbursed at the rate of $5.00 per test proctored.
Requests for payment shall be made quarterly and shall include the number
and dates of tests proctored as specified in Paragraph V.B. of this
contract.
B. Personnel and Operating Budget
1. The Contractor agrees that all monies received in accordance with Article
VIII.A. of this Contract and matching Contractor funds shall be expended
exclusively in the performance of air pollution services as set forth in
the provisions of this Contract.
a. A copy of the Contractor's air pollution program operation budget
and staffing pattern shall be filed with the State as soon as
possible or within thirty (30) days of the effective date of the
contract.
2. The Contractor further agrees to match the State amount with at least
$18,369.50.
H:\CYELD.93
Page 8 of 12
930831
• COLORADO DEPARTMENT OF HEALTH - hereinafter, under the General Provisions referred to as
"Health" .
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. Eicher party shall have the right to terminate this agreement by giving the other
party thirty days notice by registered mail, return receipt requested. If notice is so
given, this agreement shall terminate on the expiration of the thirty days, and the
liability of the parties hereunder for the further performance of the terms of this
agreement shall thereupon cease, but the parties shall not be relieved of the duty to
perform their obligations up to the date of termination.
4. This agreement 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 executed and approved pursuant
to the State 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 Act (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 Stat. 1494, Mar. 3, 1921, Chap. 411, 40 USC
276A-276A-5) . This act requires that all laborers and and mechanics employed by
contractors or sub-contractors-to work on construction projects financed by federal
assistance must be paid wages not less than those established for the locality of the
project by the Secretary of Labor;
d) 42 USC 6101 et seq, 42 USC 2000d, 29 USC 794. These acts require that no
person shall, on the grounds of race, color, national origin, age, or handicap, be
excluded from participation in or be subjected to discrimination in any program or
activity funded, in whole or in part, by federal funds; and
Page 9 of 12 Pages
Rev. 06/01/92
GENERAL PROVISIONS--Page_ 2 of 2 pages
•
e) the Americans with Disabilities Act (Public Law 101-336; 42 USC 12101 12102,
•
12111 - 12117, 12131 - 12134, 12141 - 12150, 12161 - 12165, 12181 - 12189, 12201 - 1221?
and 47 USC 225 and 47 USC 611.
f) if the contractor is acquiring real property and displaci'ng households or
businesses in the performance of this contract, the contractor is in compliance with the
Uniform Relocation Assistance and Real Property Acquisition. Policies Act, as amended
(Public Law 91-646, as amended and Public Law 100-17, 101 Stat. 246 - 256) ;
g) when applicable, the contractor is in compliance with the provisions of the
"Uniform Administrative Requirements for Grants and Cooperative Agreements to State ands
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; and
7. To be considered for payment, billings for payment pursuant to this contract must
be received within 60 days after the period for which payment is being requested and
final billings on the contract must be received by Health within 60 days after the end
of the contract term.
8. If applicable, Local Match 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 from Health, Contractor agrees to have an annual audit, by an independent
certified public accountant, which meets the requirements of Office of Management and
Budget Circular A-128 or A-133, whichever applies. If Contractor is required to submit
an annual indirect cost proposal to Health for review and approval, Contractor's auditor
will audit the proposal in accordance with the requirements of OMB Circular A-87, A-21
or A-122. Contractor agrees to furnish one copy of the audit reports to the Health
Department Accounting Office within 30 days of their issuance, but not later than nine
months after the end of Contractor's fiscal year. Contractor agrees to take appropriate
corrective action within six months of the report's issuance in instances of
noncompliance with federal laws and regulations. Contractor agrees to permit Health or
its agents to have access to its records and financial statements as necessary, and
further agrees to retain such records and financial statements for a period of three
years after the date of issuance of the audit report. This contract does (59%)
contain federal funds as .of the date it is signed. This requirement is in addition to
any other audit requirements contained in other paragraphs within this contract.
10. Contractor agrees to not use federal funds to satisfy federal cost sharing and
matching requirements unless approved in writing by the appropriate federal agency.
Page 10 of 12 Pages
Rev. 06/01/92
930933
•
•
SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
I.This contract 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 contact involving the payment of money by the State.
FUND AVAILABILITY
2.Financial obligations of the Suite of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated,budgeted.
and otherwise made available.
' BOND REQUIREMENT
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.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 the State official who will sign the contract,a good and sufficient bond or other acceptable surety to be approved by
• said official in a penil 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 upon the faithful performance of the contract sad in addition,shall provide that if the contractor or his subcontractors fail to duly pay for any
labor,materials,team hire,sustenance,provisions.provender or other supplies used or consumed by such contractor or his subcontractor in performance of the work
contracted to be done or fails to pay any person who supplies rental machinery,tools,or equipment in the prosecution of the work the suretf i,ill pay the same in
an amount not exceeding the sum specified is the bond,together with interest at the rate of eight per eau per annum.Unless such bond is executed,delivered and
filed,no claim in favor of the contractor arising under such contract shall be audited,allowed or paid.A certified or cashier's cheek 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 CRS 38.26-106.
INDEMNIFICATION
4.To the extent authorized by law,the contractor shall indemnify,save,and hold harmless the State.its employees and agents,against any and all claims.
damages,liability and court awards including costs,expenses,and attorney fees incurred as a result of any act or omission by the contractor,or its employees,
agents,subcontractors,or assignees pursuant to the terms of this contract.
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 inspecting
discrimination and unfair employment practices(CRS 24.34.402).and as required by Executive Order.Equal Opportunity and Affirmative Action.dated April 16,
1975.Portman,thereto.the following provision shall be contained in all Stare contracts or sub-contracts.
During the performance of this contract,the contractor agrees as follows: •
(a)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 MAditap,or age.The connector will take'affirmative action to insure that applicants are employed,and that
employees are treated diming employment,without regarduo dwabbiltursentioned characteristics.Such action shall include,but not be limited to the following:
employment uppading,demotion,or transfer,toanimment or recruitment advertising':layoffs or terminations:rams of pay or other foam of mnpensatioo: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 seining forth provisions of this aon'disaimination clause.
(b)The contractor will,in all solicitations or advertisements for employees placed by or on behalf of the contractor,state that all qualified applicants will
receive consideration for employment without regard io race.creed.color,national origin.sex,marital status,religion.ancestry,mental or physical handicap,
or age.
(c)The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or
understanding.notice to be provided by the contracting officer.advising the labor union or waters'representative of the contractor's 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.
(d)The contractor and labor unions will furnish all information and morn required by Executive Order,Equal Opportunity and Affirmative Action of April
16, 1975,and by the mks,regulations and Orders of the 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.
(e)A labor organization will not exclude any individual otherwise qualified nom 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 full enjoyment of work opportunity because of sloe,creed.color,
sex,national origin,a ancestry.
(t)A labor organiation,or the employees a'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 person from complying with the provisions of this contract or any order issued thereunder,or attempt,either directly
a indirectly,to commit any act defined in this contract to be discriminatory.
•
•
Foam 6-AC-02B
Revised 1/93
38'3-01.1022
page_l 1 of 1 L pages
9�C9�3
•
• (1)In the event of the contractor's noncompliance with the non-discrimination clauses of this coetfaet or with any of such rules.regulations-or orders,
this concoct may be canceled.terminated or suspended in whole or in pan and to contractor may be declared ineligible for further State con accordance with procedures.authorized in Executve Order,Equal OPtracts in
orders promulgated in accordance therewith.and such other sanctionsmay
be and edfind remedies
e a dies s may April vole d as and the rules. ecregulations.Ord ,
as may log imposed and r s der promulgated as invoked provided it ,or ire Owes,Opportunity and Affirmative Action of April 16. 1973,or by rules,regulauatrs,or orders m accordance Ihmeritt,or as otherwise
provided by law.
(h)The contractor will include the provisions of paragraphs(a)through(h)in every subcontract and subcontractor purchase order unless exempted by
rules,regulations,or orders issued pursuant to Executive Order,Equal Opportunity and Affirmative Action of April 16.1973.so that such provisions will
be binding upon each subcontractor or vendor.The contractor will take etch action with respect to any subcontracting or purchase order as the contracting
agency may direct.as a means of enforcing such prevision,including sanctions for non-compliance;provided,however,that in the event the contractor
becomes 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
da,Provisions of CRS 1.17-101 1 102 for preference of Colorado labor are applicable to this comma If public works within the State ate undertaken hereunder and
• ate financed is whole or in pat by Stare feeds.
b.
When a« ��tw contact for a public project is is be awarded m a a bidder,a resident bidder shall be allowed a prawns=against•aoo-regdent bidder from
•suite
foreign weary equal to the pretenses gives or inquired by eke sons or foreign water -ie which the err sidew bidder is a madam.If It is dammed by
the officer nepomaibie for awarding the hid that tmpliaen with this subsection.06 may ease dada of federal finds whin would otherwise be available or would
otherwise be inconsistent with nquiramau of Fadesal law,this sebeectios shall be suspended,bet only to the stem eatery to prevent denial of the moneys or to
eliminate the imceesisteney with Federal tenitentesto(CRS 1.19-101 and 102)
GENERAL .. - -
• -7.The laws of the State of Colorado and rain end regulations lased pursuant Matto shall be applied in the interpretation,sxecetion,and enforcement of this
contract.Any paovai n of this contract whether et am incorporated herein by reference which pond=for arbitration by any atra-judicial body of person or chic),
is otherwise in conflict with said laws-rules,and regulating Mall be considers null sad void.Nothing contained is any prevision incorporated hereinby reference
which purports to negate this orany other special provision in whole or in pan shall be valid or atoneable or available to any scan at law whether by way of complains,
dance.at othewiae.Any provision rendered mull and void by the operatico of ibis prevision will sot Mealidsse the maunder of this cameo to the aunt that the
mom=is capable of aavaon. •
S.At all times daring the performance of this contract,the Coseinctor dull nicely adhere to all applicable federal and sus laws,rule,and regulations that have
been or may bender he established.
9.Th
e signatories ri aver that ouchh they s en familiar with CtS 11--301,a,ands-(Bribery ad Camp'['fleece')ad CCS 11-1.401.et.seq.,(Abase of Public Office). .
provision present..
ad that
•
10.The aviaries ever that to their knowledge,no sate employee has any penal or beneficial interim wleaaoever in the service or pacers described Mein:
•DT WITNESS WHEREOF,the parties herein have emoted this Connect a the day fast above written, •
•
Cameroun: .
•
(Fell Legs Name) WELD COUNTY HEALTH DEPT: STATEOF COLORADO
Wel�j County Board of Commissiopers ROY ROMER,GOVE�A�IOA
/�� �ior . (A�L2Cti�-J� etr2By ,e / !2 �•�� for
Position(ride) Chairman
846000813B
• teat eats w Min LL.Mare - . DEPARTMENT
•If Cerpormeon:) 16 t ,1 F,�1O Ft . OF HEALTH -
• •
Atnst(�/ : 72 VELD L90RIS Mtn DEYAt
By <J/ t l/0I x/ h- 0�/
• B(xaatezz iikilinssxzarwrsalc• •.,a.t to Board 7= D2 �_ e ��
V Direct ab�, ��"�y t
�tsDizarsor
YF .st'iZD IAFCAIKM^N COPY
ATTORNEY GENERAL Cpppititginal and too 0o ed by all•
ts.of this
'Br •
con have been sign
• By ptnte offioiale require �A Rv '-
•
• apprOvc conflicts.
weeniwwww
Fenn SAC-e2C •
Revived 1/93het 12 vela;.exhume 12 pyre
3f3-S3-41-1O0 'Se iaanmmt en inane tid tide.
PROGRAM APPROVA
J
930833
MEMORAnDum
To
W Constance L. Harbert, Chairman
Board of County Commissioners Dats August 19, 1993
COLORADO From John S. Pickle, Acting Director, Weld County Health Dept
Subject: Contract Extension for Air Quality Program
The attached contract extension is for provision of our Air Quality Program.
Previously, this contract was negotiated yearly, effective July 1, the State's
fiscal year. Due to Amendment I, a question arose as to whether or not the State
could enter into a contract which involved two calendar years. As a consequence,
the contract has been broken down into four quarterly contracts. One of which
you have here.
The State now is of the opinion that they can enter into a contract with us,
using our fiscal year, January 1 - December 31, as the term of the contract.
This will go into effect January 1, 1994, and will negate the need for quarterly
contracts.
The attached contract covers all elements of our Air Quality Program from
investigation of major and minor sources, asbestos inspections, complaints
including odors, to certification of auto mechanics involved in emission testing.
We feel this program has been of benefit to the community and wish to continue
this activity. We would recommend and appreciate your approval.
If you have any questions, please feel free to contact me.
930833
Hello