HomeMy WebLinkAbout930178.tiff RESOLUTION
RE: APPROVE CONTRACT WITH THE 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 a contract between the Colorado
Department of Health, Air Pollution Control Division, and the Weld County Health
Department, commencing January 1, 1993, and ending December 31, 1993, with the
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 the Colorado Department of Health,
Air Pollution Control Division, and the 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 22nd day of February, A.D. , 1993, nunc pro
tunc January 1, 1993.
BOARD OF COUNTY COMMISSIONERS
ATTEST: D /G� WELD COUNTY, COLORADO
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Weld County Clerk to the Board
// / Constance L. Harbert, Chairman
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BY: GL �(� 4 �
Deputy Clerk to the ward W. eb ter, Pro- em
APPROVED AS TO FORM:
77- eoorrge . Baxte
County Attorney Dale K. Hall
/
arbara J. Kirkmey
930178
flit,41r mEmoRAnDum
Constance L. Harbert, Chairman
O Board of county Commissioners Date February 5, 1993
To
COLORADO Jeannie K. Tacker, Business Manager, Weld County Health Dept:
\ltd./
From
1993 Air Quality Control Program Contract
Subject:
Enclosed for board approval is the 1993 Air Quality Control Program contract
between the Weld County Health Program and the Colorado Department of Health.
The Health Department will operate an air quality monitoring network, conduct
inspections and provide enforcement of surveillance of stationary sources conduct
asbestos inspections for demolition or renovation projects, conduct complaint
investigations, and other air program activities.
For these services the Health Department will receive $28,868.00, a decrease of
$1,790.00 from the prior year's contract.
The term of the contract is January 1, 1993 through December 31, 1993.
I would recommend your approval of this contract.
If you have any questions, please feel free to contact me.
930178
'--'It l 6--
1-11. W 2ta
OF 3y
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 Z.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 30 p
: "ft
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 from January 1, 1993 to December 31, 1993.
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 per year and four (4) persons attend one odor school per year;
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
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:
Page 2 of 12
ink 711 r fr-)n
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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; the
third period shall be from July 1, 1993 to August 31, 1993; the fourth
period shall be from September 1, 1993 to December 31, 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
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
Page 3 of 12
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.
Page 4 of 12 ?2O 'en
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.
(a.le ' +'+K!
Page 5 of 12
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 Z.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 for 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
One rrJ3
r;.. J
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.
G. A final report, in narrative form, of program accomplishments shall be submitted
as part of the final request for payment. The report should include a summary
of the reports submitted monthly to the State and be submitted no later than
February 1, 1994.
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 $28,868.00 in the following manner:
1. For the work required in Sections III.A. , III.C. , III.E. , III.F. , III.G. ,
IV. , V. , and VI. of this contract, three (3) payments of $2,981.50 to be
respectively billed as soon after January 1, 1993, April 1, 1993, and July
1, 1993 as the Contractor cares to bill. The State shall process such
requests as soon as possible after receipt. A fourth payment of $2,981.50
shall be made upon verification that all required work has been completed
and upon approval of the final report as required by Section VI.G. of this
contract.
2. For the activities specified in Section I.F. of this contract, three (3)
Page 7 of 12
payments of $430.00 to be respectively billed as soon after January 1,
1993, April 1, 1993, and July 1, 1993 as the Contractor cares to bill.
The State shall process such requests as soon as possible after receipt.
A fourth payment of $430.00 shall be made upon verification that the
requirements of Section I.F. have been met and upon approval of the final
report as required by Section VI.G. of this contract.
3. A total not to exceed $4,875.00 for the identification of new air
pollution sources as required by Section III.D. of this contract. These
may be invoiced at the rate of $75 per application submitted to a maximum
of 65 applications. Requests for payment may be made quarterly 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 September 1, 1993. For sources which are
identified between July 1, 1993 and December 31, 1993, the Contractor may
not request reimbursement later than February 1, 1994. 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, three (3)
payments of $1,400.75 to be respectively billed as soon after January 1,
1993, April 1, 1993, and July 1, 1993 as the Contractor cares to bill.
The State shall process such requests as soon as possible after receipt.
A fourth payment of $1,400.75 shall be made upon verification that the
requirements of Section II. have been met and upon approval of the final
report as required by Section VI.G. of this contract.
5. A total not to exceed $1,244.00 for asbestos activities as required by
Section III.B. of this contract. These may be invoiced at the rate of
$34.56 per credit earned to a maximum of j 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 September 1, 1993. For asbestos credits which
are earned between July 1, 1993 and December 31, 1993, the Contractor may
not request reimbursement later than February 1, 1994. 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 $3,500.00 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
$36,739.00.
H:\CWELD.93
Page 8 of 12
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. Either 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 PRO1/1SIONS--Page 2 O, 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 - 12213
and 47 USC 225 and 47 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 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 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; 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 (79%)
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 T�
•form 6•AC-0ZB
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 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 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 works for this State.the contractor shall,before entering the performance of any such work included in this
contract,duly execute and deliver to and file with the official whose signature appears below for the State,a good and sufficient bond or other acceptable surety to be
approved by said 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 if the contractor or his subcontractors
fail to duly pay for any labor,materials,team hire,sustenance,provisions,provendor or other supplies used or consumed by such contractor or his subcontractor in
performance of the work contracted to be done,the surety will pay the same in an amount not exceeding the sum specified in the bond,together with interest at the
rate of eight per cent per annum.Unless such bond,when so required,is executed,delivered and filed,no claim in favor of the contractor arising under this contract
shall be audited,allowed or rid.A certified or cashier's 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.
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 respecting
discrimination and unfair emplcyment practices(24-34-402.CRS 1982 Replacement Vol.),and as required by Executive Order,Equal Opportunity and Affirma-
tive Action,dated April 16, 1975. Pursuant thereto, the following provisions shall be contained in all State contracts or sub-contracts.
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 employ'nent,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;layoffs or terminations;rates of pay or other forms of compensation;and selection for
training,including apprenticeship.The contractor agrees to post in conspicuous places,available to employees and applicants for employment,notices to be pro-
• vided by the contracting officer setting forth provisions of this non-discrimination clause.
(2) The contractor will.in all solicitations oradvertisements for employees placed by or on behalf of the contractor,state that all qualified applicants will receive
consideration for employment without regard to race. creed, color,national origin, sex, marital status,religion,ancestry, mental or physical handicap.or
age.
(3) The contractor will send to each labor union or representative of workers with which he has collective bargaining agreement or other contract or understand-
ing,notice to be provided by the contracting officer,advising the labor union or workers'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.
(4) The contractor and labor unions will furnish all information and reports required by Executive Order.Equal Opportunity and Affirmative Action of April 16,
1975,and by the rules,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.
(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 full enjoyment of work opportunity,because of race,creed,color.
sex,national origin,or ancestry.
(6) A labor organization,or the employees or members thereof will not aid,abet,incite.compel or coerce the doing of any act defined in this contract to be dis-
criminatory or obstruct or prevent any person from complying with the provisions of this contractor any order issued thereunder;or attempt either directly or
indirectly,to commit any act defined in this contract to be discriminatory.
395-53-01-1022
Revised•1/88 page 11 of 12 pages u.is-noea-sot
Form 6-AC-02C
(7) In the event of the contractor's non-compliance with the non-discrimination clauses of this contractor or with any of such rules,regulations,or orders,this
contract may be cancelled,terminated or suspended in whole or in part and the contractor may be declared ineligible for further State contracts in accordance
with procedures.authorized in Executive Order,Equal Opportunity and Affirmative Action of April 16.1975 and the rules,regulations.ororders promulgated
in accordance therewith,and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order,Equal Opportunity and
Affirmative Action of April 16, 1973,at by rules,regulations,or orders promulgated in accordance therewith, or as otherwise provided by law.
(8) The contractor will include the provisions of paragraph(1)through(8)in every sub-contract and subcontractor purchase order unless exempted by rules,
mutations,or orders issued pursuant to Executive Order,Equal Opportunity and Affirmative Action of April 16,1975.so that such provisions will be binding
upon each subcontractor or vendor.The contractor will take such action with respect to any sub-contracting or purchase order as the contacting agency may
direct,as a means of enforcing such provisions,including sanctions for ton-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 cootractcr may request the State
of Colorado to enter into such litigation to protect the interest of the State of Colorado.
COLORADO LABOR PREFERENCE
6a. Provisions of 8-17-101 &102,CRS for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereun-
der and are financed in whole or in part by State funds.
b. When construction contract fora public project ism be awarded to a bidder,a resident 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 the non-resident bidder is a resident If it is deter-
mined by the officer responsible for awarding the bid that 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 denial of
the moneys or to eliminate the inconsistency with federal requirements(section 8-19-101 and 102, CRS).
GENERAL
7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation,execution and enforcement of this
• contract.Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extra-judicial body or person or
which is otherwise in conflict with said laws,rules and regulations shall be considered null and void.Nothing contained in any provision incorporated herein by
reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by
• way of complaint defense or otherwise.Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to
the extent that the contract is capable of execution.
8. At all times during the performance of this Contract,the Contractor shall strictly adhere to all applicable federal and state laws,rules and regulations that
have been or may hereafter be established
•
9. The signatories hereto aver that they are familiar with 18-8-301,et.seq.,(Bribery and Corrupt Influences)and 18-8-401,et seq.•(Abuse of Public Office),
CRS 1978 Replacement Vol., and that no violation of such provisions is present..
10. The signatories aver that to their knowledge, no state employee has a personal or beneficial interest whatsoever in the service or property
described herein:
IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day first above written.
Contractor. •
(F gal Name) WELD COUNT HEALTH DEPT. STATE OF COLORADO
---10" O,41,Zz 02/24/93 ROY ROMER, GOVERNOR
WELD COUNTY BOARD OF COMMISSIONERS By for •
•7 EXECUTIvE DIRECTOR
• Position (Tide) CHAIRMAN .
846000813B
kcal nn Number o Federal I.D. yyyumber DEPARTMENT
` / /� // / OF HEALTH
(Y //Corporatioml f I
,1 G����� WE= COUNTY BEAL= DEPARTMENT
Attestst (Seal) '421 /1�/i/ (viii/ ° Y/!( ))
it
By ' l. � By: Bandolpt�Gordon, M.D., 11.2.13-
(Coate Col. ARD
Director
• APPROVALS
ATTORNEY GENERAL CONTROLLER
By By
PROGRAM APPROVAL „.f,_.4r..(/ 4
•
no 1 2ab,ch m the lase or 1 2,yef
3957 341.10 30 1 Re,tied 1/88) Kee instructions as mete owe. DC-10.JJ09.aa
•
^•!O ,.,S
1993 WORKLOAD ESTIMATE
WELD COUNTY HEALTH
STATIONARY SOURCE ACTIVITIES
MAJOR SOURCE INSPECTIONS (see attached list) - 22
MINOR SOURCE INSPECTIONS (see attached list) - 42
PORTABLE SOURCES 4
FINAL APPROVAL INSPECTIONS(three-year avg. ) - 35
ENFORCEMENT ACTIVITIES(three-year avg. ) - 3
COMPLAINTS (three-year avg. ) - 249
OPEN BURNING PERMITS (three-year avg. ) - 300
WOOD STOVE DEALER INSPECTIONS (see attached list) - 2
ASBESTOS INSPECTIONS- 36 CREDITS
NEW SOURCE IDENTIFICATION- 65
TRAINING & CERTIFICATION- VE & ODOR PLUS TRAINING
TECHNICAL SERVICE ACTIVITIES
PARTICULATE MONITORS- 3 monitors, 240 samples
GASEOUS MONITORS- 1 station, 2 monitors
MOBILE SOURCE ACTIVITIES
PROCTOR TESTING- Proctor certification testing
COUNTY WELD 2220
INSPECTION
SOURCE # SOURCE NAME QUARTER
MAJOR SOURCES
002 WESTERN SUGAR - GREELEY 1
003 EASTMAN KODAK 1
004 BESTWAY PAVING 2
005 COORS BIOTECH 1
008 FLATIRON PAVING 2
018 MONFORT PACKING 1
021 PANHANDLE EASTERN #6 1
035 ASSOC NAT GAS-EATON 2
044 MORNING FRESH FARMS 2
045 GREELEY EXCAVATION 3
051 WYOMING INTERSTATE GAS 1
073 HEWLETT PACKARD 2
074 AMOCO - SINGLETREE 3
075 AMOCO - SURREY 3
076 AMOCO - WEST SPINDLE 3
• 088 COORS - KEENSBURG MINE 1&3
089 GOLDEN RECYCLING 1
095 FRONTIER MATERIALS 2
102 CONNELL/LOVELAND EXCIV 3
175 RX THERMAL 1
179 C&M COMPANIES 2
MINOR SOURCES
010 TRIPLE G LIVESTOCK 1
014 PSCO - FT LUPTON 1
023 PSCO - FT ST VRAIN 1
055 NORTH COLO MED CENT 1
061 GREELEY ELECT SERVICE 1
067 FARMLAND IND 1
070 BOULDER SCIENTIFIC 1
078 CITIES SERVICE 1
091 SIEGRIST 1
098 WINDSOR GAS PROCESSING 1
100 ANDESITE ROCK 2
101 ZIGAN 2
127 TOA AMERICAN GAS 2
130 ROGGEN DISPOSAL 2
131 AMERICAN COAL CORP 2
132 VESSELS OIL 2
133 CHALLENGER GRAVEL PIT 2
134 METAL CONTAINER CORP 2
136 WESTERN SUGAR CO 2
137 MID AMERICA FIBREGLASS 2
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
185 PHNDLE EAST (DOUGHAN) 4
n."'31
190 XTRA CORP. 4
213 COLORADO GREASE SERVICE 4
218 C & C CRUSHING 4
224 WELD CO. EHMKE PIT 4
232 COLO AIR NAT. GUARD 4
238 PANHANDLE EASTERN 4
245 HORN CONSTRUCTION 4
252 WELD CO-PETERS PIT 4
259 KEN SCHELL & B. KOBOBELL 4
266 PIONEER PRESS OF GREELEY 4
274 SHEF ENTERPRISES 4
036 PLATTE CHEMICAL 4
WOODSTOVE DEALER
GREELEY STONE STOVE
POULSON HARDWARE
(\"AO '' :l6z
Y
EXHIBIT 2
r ^ w
NEW SOURCE IDENTIFICATION POLICY
THE APPORTIONS FOR NEW SOURCE IDENTIFICATION WILL BE USED AS TARGET
VALUES WHICH WILL BE SPECIFIED WITHIN EACH OF THE LOCAL CONTRACTS.
PAYMENT WILL BE MADE TO THE LOCAL AGENCIES ON AN "AS-YOU-FIND-THEM"
BASIS AT THE RATE OF $75. 00 PER FACILITY. LOCAL AGENCIES SHOULD
COLLECT THE COMPLETED AIR POLLUTION EMISSION NOTICE AND/OR PERMIT
APPLICATION FROM THE FACILITIES AND FORWARD THESE TO THE DIVISION.
AN ITEMIZED LIST OF THE NEWLY LOCATED FACILITIES SHALL BE SUBMITTED
TO THE DIVISION CONTACT PERSON ON A QUARTERLY BASIS. PRIOR TO
REIMBURSEMENT, THE LIST IS SUBJECT TO REVIEW AND APPROVAL BY
DIVISION STAFF. THE FOLLOWING POLICIES SHALL BE OBSERVED:
1. LOCAL AGENCIES WILL BE REIMBURSED AT A RATE OF $75 PER
FACILITY, REGARDLESS OF HOW MANY INDIVIDUAL EMISSION POINTS
ARE LOCATED AT THAT FACILITY.
2. LOCAL AGENCIES WILL BE REIMBURSED ONLY FOR THOSE FACILITIES
FORMERLY UNKNOWN TO THE DIVISION. AGENCIES WILL NOT BE
REIMBURSED FOR IDENTIFYING NEW POINTS AT FACILITIES ALREADY ON
DIVISION SYSTEMS. SUCH POINTS SHOULD CONTINUE TO BE
IDENTIFIED AS PART OF ROUTINE WORK.
3 . LOCAL AGENCIES WILL BE REIMBURSED FOR LOCATING ANY FACILITY
THAT WILL BE REQUIRED TO FILE AN AIR POLLUTION EMISSION
NOTICE, REGARDLESS OF PERMIT REQUIREMENTS.
H:\EXHIBIT2.JSB
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