HomeMy WebLinkAbout941203 RESOLUTION
RE: APPROVE CONTRACT BETWEEN HEALTH DEPARTMENT AND COLORADO
DEPARTMENT OF HEALTH, HAZARDOUS MATERIALS AND WASTE MANAGEMENT
DIVISION, AND AUTHORIZE CHAIRMAN TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Contract between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf
of the Weld County Health Department, and the Colorado Department of Public Health and
Environment, Hazardous Waste and Waste Management Division, commencing July 1, 1994, and
ending June 30, 1995, with further terms and conditions being as stated in said contract, and
WHEREAS, after review, the Board deems it advisable to approve said contract, a copy of
which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Contract between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, on behalf of the Weld County Health
Department, and the Colorado Department of Public Health and Environment, Hazardous Waste
and Waste Management Division, 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 7th day of December, A.D., 1994, nunc pro tunc July 1, 1994.
BOARD OF COUNTY COMMISSIONERS
ATTEST:L.)4A
>/,GLQ WELD COUNTY COLORADO
� �
Weld County Clerk to the Board l �� �0� �ti (!
W. ���jjj�C Webster, C airman
BY:( � It( it -c
Deputy Clerk to the Board -- - Dale Hall, Pro-Tem APPROVED AS TO FORM: e :C1rr/�'George..Baxter
ounty Attorney I ` Constance L. Harbert
/
F 1 Lift L LC_ ifs .��2
Barbara J. Kirkmeyer J
941203
HL0020
Oz? (iten9)
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DEPARTMENT OR AGENCY NUMBER 260000 MNTRACT ROUTING NUMBER 950240
.THIS CONTRACT moue the June 29 1994, by.and between the State of Colorado.for the use.and benefit
of the Colorado Department oa;Health, Hazardous Materials and Waste Management Division, HMWMD
• SWIM-B2, 4300 Cherry,Creek'Drive South,Denver, Colorado 80222-1530;hereinafter referred to as the State
or CDH; and the Weld Count, Health Department. 1517 16th Avenue, Greeley. CO 80631 hereinafter
referred to as the Contractor.
WHEREAS, authority exists in the Law,7and payment will be made through Fund Number 130
APPR Code 28C Contract Encumbrance Number FEAHAZ950240 • and
WHEREAS, required approval, clearance, and coordination has been accomplished from and with
the appropriate agencies; and
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WHEREAS, the existing statutory authority forCDH to enter into such an agreement, 25-18-104,
25-18-107 and 25-18-108, C.R.S. 1989 as amended,allows the HMWMD or its designee to investigate,collect
samples, and ask for pertinent information concerning the underground storage tanks located at a specific
location; and the local health departments, 25-1-501 to 516 and 25-1-701 to 719, C.R.S.
WHEREAS,the State deems it to be in the interest of the protection of human health to engage the
Contractor to perform the work stated herein below; and
WHEREAS, all State personal services contracts are subject to immediate termination as a result
of court orders in the cases of Colorado Association of Public Employees (CAPE) v Department of
Personnel. CAPE v. Department of Hlohways,and CAPE v Regents of the University of Colorado;
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NOW THEREFORE, it is hereby agreed that for and in consideration of their mutual promises to
each other, hereinafter stated, the parties hereto agree as follows:
ARTICLE 1. GENERAL
(a) This contract is funded through 100%state funds for the purpose of Level 1 Storage Tank Activities
(see Addendum A). My Level II LUST Trust Fund Activities authorized by the CDH will be funded
by the Federal LUST Trust Fund. The period of this contract shall be July 1, 1994 to June 30, 1995.
Funding will be in accordance with the methodology specified in Addendum B -Funding For Local
Designee Contracts, incorporated herein. For administration purposes only, this contract is
encumbered at$5,555.55 per year per contractor with 9 participants in the program. Should fewer
than 9 or more than 9 participate, the total funds available will be adjusted upon receipt of actual
costs. However, for this period.of time,the total funds expended through the nine contracts shall
not exceed $ 50,000.00.
(b) At all times during the performance of this contract, the Contractor shall strictly adhere to all
applicable Federal and State laws that have been or may hereafter be established. The Contractor
shall be cognizant of all Federal and State laws and local ordinances and regulations which in any
manner affect the conduct of the work, and of all such orders and decrees of bodies or tribunals
having any jurisdiction or authority over the same, and shall at all times observe and comply with
all such existing laws, ordinances, regulations and decrees.
(c) Upon completion of the application review, ownership of all components of the work are the
property of the State of Colorado.
Page 1 of Mrpages
941.213
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(d) Any provision of this contract to the contrary notwithstanding, in the event termination of this
contract becomes necessary, in the State's sole discretion, to comply with any court order
concerning State personal services contracts generally or this contract, specifically, this contract
may be terminated by the State Immediately upon the giving of notice to the Contractor without
further obligation from the State.
(e) Definitions for terms used in this contract:
(1) 'Administrative Activities'includes report writing, correspondence, enforcement, and secretarial
activities.
(2) 'Consultations'means to provide technical consultation to owners/operators, consulting firms,
or the general public on Storage Tank Regulations and CDH guidelines for clean-up and corrective
action plans.
(3) 'Contractor" shall refer to 'Designee' as defined in 25-18-102(3), C.R.S. 1989 as amended.
(4) 'Field Investigation' includes site inspections during tank removals to document soil and water
contamination and their impact on the surrounding neighborhoods and properties.
(5)'Report Review'includes preliminary site assessment,closure assessment,and corrective action
plans.
(6) 'Sample Collection' means collecting soil and water samples, preparing samples for shipment,
transporting samples to the laboratory, and providing chain of custody.
ARTICLE 2. RESPONSIBILITY OF THE CONTRACTOR
(a) The Contractor shall be responsible for the professional quality, technical accuracy, timely
completion, and the coordination of all services furnished by the Contractor under this contract.
(b) The Contractor shall perform such professional services, as may be necessary to accomplish the
work required to be performed under this contract as specified in Addendum A, The Statement of
Work, in accordance with this contract. The Contractor shall perform its services within the time
limit specified for each site.
(c) Neither the State's nor the contractor's review, approval or acceptance of, nor payment for any of
the services shall be construed to operate as a waiver of any rights under this contract or of any
cause of action arising out of the performance of this contract.
(d) The Contractor shall be and remain liable in accordance with applicable laws for any and all bodily
injury, disease or death of third persons, or loss of or damage to property of third persons caused
by the Contractor's work performance.
(e) The Contractor shall perform its duties hereunder as an independent contractor and not as an
employee. Neither the Contractor nor any agent or employee of the Contractor shall be or shall be
deemed to be an agent or employee of the State. Contractor shall pay when due all required
employment taxes and income tax withholding, shall provide and keep in force worker's
compensation (and show proof of such insurance) and unemployment compensation insurance in
the amounts required by law, and shall be solely responsible for the acts of contractor, its
employees and agents.
Page 2 of 9 pages
941.2'"3
ARTICLE 3. STATEMENT OF WORK
Addendum A, The Statement of Work,;is hereby Incorporated, and made a part•hereof as if fully set.forth .; •
• herein.; Except as may be otherwise specifically limited in this contract, the Contractor shall:provide all
services and-the necessary personnel;materials,.equipment,-and facilities required to complete the tasks • •
described in Addendum A, The Statement of Work.
ARTICLE d.' PERIOD OF PERFORMANCE .
The Contractors services as specified in Addendum A, The Statement of Work, are to commence upon the
date that the contract between the State and the Contractor is officially executed by all parties in accordance
with the State's fiscal rules. All services, once undertaken, shall be completed in accordance with the time
schedule in Addendum A, The Statement of Work, which is incorporated and made a part hereof as if fully
.• • set forth herein. .Unless an extension of time is approved by.the.State, this•contract shall temdnate•June • :
30, 1995. The contract may be extended for up to five years through written agreement between the parties.
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ARTICLE 5. COMPENSATION
(a) The Contractor agrees to perform and complete the work prescribed by this contract in
consideration of the amounts set forth below in Addendum B, Funding for Local Designee
Contracts, which is incorporated and made a part hereof as if fully set forth herein, provides an
estimated cost breakdown for the Contractor's work. Payments to Contractor shall not exceed the
amounts in Addendum B designated for each activity as identified.
(b) The State agrees to reimburse the Contractor for allowable costs as follows:
The Contractor shall submit a itemized invoice showing the work performed, hours worked,and per
hour rate. The invoice shall reflect the scope of work, work order, and actual costs identified by
major task elements. The submitted costs shall reflect those estimates submitted by the Contractor
in response to Addendum B.
(c) For each site which the Contractor is assigned to review, the total compensation shall under no
circumstances exceed the total funds available to each local designee per month as detailed in
Addendum B. Contractor understands that Contractor may not be selected to perform work on any
sites, and this contract does not create a right of Contractor to be selected for a given amount of
work, or for any work at all. Compensation will be made only for those sites and activities assigned
to the Contractor by the CDH.
ARTICLE 6. CONSIDERATION AND PAYMENT
(a) The Contractor shall submit two copies of a certified invoice (see Addedum C) requesting payment
to the following address:
Colorado Department of Health
Hazardous Materials and Waste Management Division
Attention: Administration Section
4300 Cherry Creek Drive South
Denver, Colorado 80222-1530
• Page 3 of y pages
941203
Such invoices shall be based upon the cost of the work and services performed during the course
of the work by the Contractor under this contract and shall be prepared by the Contractor and
supplemented or accompanied by supporting data and subcontractor invoices. Invoices will be
forwarded to the Controller of the Colorado Department of Health (hereinafter, the "Controller) for
processing of all payments.
(b) Contractor shall use a standardized invoice as contained in Addendum C, Reimbursement Invoices,
which are incorporated and made a part hereof as if fully set forth herein. A separate invoice will
be submitted for each site. The Contractor is required to maintain original documentation for all
costs in and for the performance of this contract. Subject to verification by the State of full and
satisfactory compliance with the terms of the contract, and upon approval of such payment request
by the Executive Director, payment shall be made to the Contractor as soon as reasonable, with
a non-binding objective of payment within 45 days of approval.
ARTICLE 7. REPORTS OF WORK
The Contractor shall prepare and submit status reports which document the status of each work task fgr -
sites assigned by the CDH within 30 days of receipt of that site from the CDH. The Contractor and the CDH
project officer shall establish a routine contact schedule at the start of the project to ensure that contact is
maintained concerning the progress of the project.
ARTICLE 8. CHANGES
This contract is intended as the complete integration of all understandings between the parties. No prior
or contemporaneous addition,deletion or other amendment hereto shall have any force or effect whatsoever,
unless embodied herein in writing. No subsequent novation, renewal, addition,deletion or other amendment
hereto shall have any force or effect unless embodied in a written contract amendment executed and
approved as specified below, in accordance with State Fiscal Rules.
ARTICLE 9. AUDIT, ACCESS TO RECORDS
The Contractor authorizes the State to perform audits and to make inspections for the purpose of evaluating
performance under this contract.
(a) At all times during the performance of this contract and for three years after the date of final
payment as provided in Article 5, Compensation, the Contractor shall make available books,
records, documents, and other evidence directly pertinent to performance on all work under this
contract, including negotiated changes or amendments thereto. The Contractor shall also make
available at its office the financial information and data used by the Contractor in the preparation
or support of the cost submission and a copy of the cost summary submitted to the State. The
Contractor will provide proper facilities within the State of Colorado for such access and inspection.
(b) The Contractor agrees to the disclosure of all information and reports resulting from access to
records pursuant to paragraph (a) above.
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941203
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ARTICLE 10. INSURANCE
The Contractor agrees to obtain and maintain at the Contractor's expense such insurance as will protect
him from claims under the Workman's Compensation Act and which shall protect him and the State from
all claims from bodily injury, death or property damage which may arise from the performance by the
Contractor or by the Contractors employees of the Contractor functions and services required under this
contract.
ARTICLE 11. ACCOUNTING SYSTEMS
The Contractor shall have an accounting system which accounts for costs in accordance with generally
accepted accounting principles. This system shall provide for the identification, accumulation and
segregation of allowable and unallowable project costs among projects. The Contractor must propose and
account for costs in a manner consistent with its normal accounting procedures.
ARTICLE 12. PUBLIC DATA
All data and information developed under this contract shall be public data and information, and shall be
furnishedto the State. Upon termination of this contract,all data and information shall become the property
of the State.
ARTICLE 13. NO DEBT AGAINST THE STATE
This contract shall not be construed as creating any debt by or on behalf of the State of Colorado and for
the State, and all obligations of the State of Colorado regarding this contract are subject to the continued
availability of funds through receipt of application fees by the State and legislative appropriations authorized
to pay for the prescribed work.The sole source of funds for payment of Contractor shall be the application
fees paid by a particular applicant for the particular facility for which Contractor is engaged.
ARTICLE 14. CONTRACT ATTACHMENTS
All Addenda are incorporated by reference as is fully set forth herein. In the event of any conflict or
Inconsistency between the provisions of this contract and those of this contract addenda the terms and
conditions of this contract shall be controlling.
Addendum A - Statement of Work
Addendum B - Funding for Local Designee Contracts
Addendum C - Reimbursement Invoices
ARTICLE 15. GENERAL PROVISIONS
The Contractor shall submit the final reports to the assigned Colorado Department of Health, Hazardous
Materials and Waste Management Division, Storage Tank Remedial Section Project Officer on S1/2 x 11 white
paper containing recycled stock. Two copies shall be submitted.
Copies of any meeting notes, calculations, and other miscellaneous materials that may be considered as
part of the public record shall be provided to the Colorado Department of Health.
Page 5 of g pages
941293
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 withholdinz. shall provide and
keep in force workers! 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 co 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 6 of 9 Pages
Rev. 06/01/92 941203
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GENERAL PROVISIONS--Page 2 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.
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
contain federal funds as of the dace 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.
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Rev. 06/Ol/92 941203 ,
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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 of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated,budgeted,
and otherwise made available.
BOND REQUIREMENT
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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 penal sant 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 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 or fails to pay any person who supplies rental machinery,tools,or equipment in the prosecution of the work 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 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 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 CRS 38-26-106.
INDEMNIFICATION •
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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 employment practices(CRS 24-34-402), and as required by Executive Order,Equal Opportunity and Affirmative 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: .
(at The contractor will not discriminate against any employee or applicant for employment because of race,creed, color, national origin, sex,
marital status, religion,ancestry,mental or physical handicap,or age.The contractor will take affirmative action to insure that applicants are employed,and that
employees are treated during employment,without regard to the above mentioned characteristics.Such action shall include,but not be limited to the following:
employment upgrading,demotion.or transfer,recfeitmcnt or recruitment advertisings: lay-offs or terminations:rates of pay or other forms of compensation: and
selection for training, including apprenticeship.The contractor agrees to post in conspicuous places,available to employees and applicants for employment,
notices to be provided by the contracting officer setting forth provisions of this non-discrimination clause.
(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 to race,creed,color,national origin,sex,marital status,religion,ancestry,mental or physical handicap.
or age.
(et 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 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.
Id)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.
(el 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.
If) A labor organization.or the employees or members thereof will not aid,abet, incite,compel or coerce the doing of any act defined in this contract to be
discriminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder,or attempt,either directly
or indirectly.to commit any act defined in this contract to be discriminatory.
Form 6-AC-02B
Revised I/93
395.53-01.1022 -
w,µ.{!'•.1'. page_B of pages
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(g)In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules-regulations.or orders.
this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further State contracts in
accordance with procedures. authorized in Executive Order,Equal Opportunity.and Affirmative Action of April 16. 1975 and the rules,regulations.or
orders promulgated in accordance therewith,and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order,
Equal Opportunity and Affirmative Action of April 16, 1975,or by rules,regulations,or orders promulgated in accordance therewith.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 16.1975.so that such provisions will
be binding upon each subcontractor or vendor.The contractor will take spelt action with respect to any sub-contracting or purchase order as the contracting
agency may direct,as a means of enforcing such provisions,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.
:OLORADO LABOR PREFERENCE
6a.Provisions of CR5 8-17-101 & 102 for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereunder and
re financed in whole or in part by State funds.
b.When a construction contract for a public project is to be awarded to a bidder,a resident bidder shall be allowed a preference against a non-resident bidder from
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 determined by
to officer responsible for awarding the bid that compliance with this subsection.06 may cause denial of federal funds which would otherwise be available or would
therwise 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
liminate the inconsistency with Federal requirements(CRS 8.19.101 and 102)
;ENERAL
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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
sntract.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
otherwise in conflict with said laws.rules,and regulations shall be considered null and void.Nothing contained in any provision incorporated herein by reference
'hich 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.
:fence,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
'no-act 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,roles,and regulations that have
:en or may hereafter be established.
9.The signatories aver that they are familiar with CR5 18.8.301.et.seq..(Bribery and Corrupt Influences)and CRS 18-8.401.et.seq.-(Abuse of Public Office).
td that no violation of such provisions is present.
i0.The signatories aver that to their knowledge,no state employes has any personal or beneficial interest whatsoever in the service or property described herein:
4 WITNESS WHEREOF,the panics hereto have executed this Contract on the day tint above written.
ono-actor:
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'Oil Legal Name) WELD COUNTY. COLORADO • STATE OF COLORADO
ROY ROMER,GOVERNOR
WELD COUNTY BOARD OF COMMISSIONERS
4,ci_ Stilt 1,y By for
Y 12/12/94 7 ecsamn DIRECTOR
nition(Title) CHAIRMAN
84-•00$11
s• ' sccwn 'jJrHam DEPARTMENT
Corporation:) '/ OF PUBLIC HEALTH & ENVIRONMENT
:test(Seal)
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BY; / • DEPUTY WELD COUN LTH DEPT
M
BY:
• APPROVALS N H
S. PICKLE, M.S.E. ,
DIRECTOR
ITORNEY GENERAL - CONTROLLER
Y By
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5.53-01-1070 - '5¢instructions on reverse aide
PROGRAM APPROVAL:
Addendum A
Statement of Work
STATEMENT OF PURPOSE
The purpose of this statement Is to establish operating and administrative procedures covering cooperation
between the Hazardous Materials and Waste Management Division of the Colorado Department of Health
(HMWMD) and local health departments throughout the state of Colorado. The area of common interest
of these agencies is the Storage Tank Remedial Program (STRP). The overall objectives of this program
are 1) to foster communication and cooperation between the CDH and the local health departments on
storage tank issues that may pose a threat to human health and/or the environment, 2) to assist the CDH
STRP to respond rapidly to leaks, spills, releases, or contamination problems, and 3) to provide a local
contact for owners/operators and the public concerning storage tank issues. Activities described below
under Level I Storage Tank Activities pertain to regulations covered in 6 CCR 1007-5. Activities described
below under Level II LUST Trust Activities pertain to the Federal Leaking Underground Storage Tank
Program administered by the CDH through a Federal grant from the Environmental Protection Agency(EPA).
The specific areas addressed by these activities include:
1) Department of Health, HMWMD's responsibility to control and/or remediate pollution resulting
from leaking storage tanks under regulation of the Storage Tank Remedial Program, to ensure
compliance with all applicable rules associated with contaminate migration and corrective
actions; and
2) The local health departments' capability to provide assistance in identification, investigation and
oversight of activities associated with the cleanup of contamination discovered at storage tank
leak sites within their jurisdiction. It is the intent of this statement to establish, document and
maintain the coordination of this program between HMWMD and the local designees or health
departments to conserve the resources and manpower and to ensure involvement by all
appropriate agencies associated with such incidents.
The Department will continue to develop protocols for improved implementation of the Storage Tank
Remedial Program within the state of Colorado to insure consistency among designees. The Department
will authorize a designee to take actions as delineated below.
DELEGATED OPERATION AND COORDINATION ITEMS
A. LEVEL I STORAGE TANK ACTIVITIES
THE FOLLOWING ARE CORE CATEGORIES FOR LEVEL i ACTIVITIES AND MUST BE PERFORMED BY THE
CONTRACTOR IF THIS CONTRACT IS ACCEPTED.
1. The Hazardous Materials and Waste Management Division (HMWMD) will notify the designee
whenever a leak, release or spill occurs within their jurisdiction within 3 working days after
receipt of any notice by either the owner and/or operator or the State Oil Inspection Section,
or earlier if necessary or possible. Likewise the designee will notify the HMWMD and the State
Inspector of Oils within 3 working days (or earlier if it is necessary and possible) of a leak,
release or spill occurring within their jurisdiction.
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2. When authorized by the HMWMD, the designee shall provide local oversight, as necessary and
appropriate, during investigations or corrective actions to ensure compliance with the approved
corrective action plan(s) and provide periodic summaries to the HMWMD concerning these on
site activities.
3. When a preliminary report, closure report, site assessment or corrective action plan ("the
reports") is received by the HMWMD, the HMWMD will request that a copy of each report be
supplied to the designee or send a copy to the designee so that a report review can be
performed by the designee for that area. The HMWMD will authorize the designee to review and
comment on "the reports' pursuant to this agreement. The designee will have 30 days to
respond in writing with either comments or no comments upon receipt of "the reports'
authorized by the HMWMD. The contractor may submit a letter indicating that due to their work
load, lack of staff, or limited funds the contractor will be unable to complete the review within
the time period specified above. The HMWMD will accept a prioritized list indicating which
reports the contractor can respond to within the time period specified above.
4. When authorized by the HMWMD, the designee shall provide assistance to the HMWMD during
meetings with owners and/or operators conceming comments made on reports, field
investigations and site visits associated with corrective actions, and/or enforcement actions
taken.
5. The designee will be authorized to enter the property for inspection where a release or
suspected release from a storage tank is located when requested by the HMWMD for the
purposes of this contract. For the purposes of implementing the provision of CRS 25-18-104,
the designee will be authorized to issue a letter of notification pursuant to subsections 280.65
and 280.72 of the storage tank regulations.
6. The designee will be authorized to provide necessary oversight at locations where contaminated
materials are located to ensure proper management and disposal of these materials when
requested by the HMWMD for the purposes of this contract.
THE FOLLOWING ARE OPTIONAL CATEGORIES FOR LEVEL I ACTIVITIES AND MAY BE SELECTED BY
THE DESIGNEE IF THE DESIGNEE DESIRES TO HAVE THEM AS PART OF THIS CONTRACT.
1. The HMWMD shall notify proper state, local agencies, fire departments and elected officials, as
appropriate, when leaks are identified. The designee may notify local agencies and fire
departments in their jurisdiction.
2. If authorized by the HMWMD, the designee may be asked to identify populations, or structures
that could potentially be impacted, based upon available local information.
3. When authorized by the HMWMD, the designee may be asked to help provide information to
the public concerning corrective actions taken or contemplated by the HMWMD to protect
. public health and safety at locations where contamination has been discovered.
4. The HMWMD will inform the designee within 5 working days, of enforcement actions taken at
storage tank locations, within their jurisdiction.
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5. The designee may be requested by the HMWMD to collect soil and/or ground water samples
for monitoring purposes at leaking storage tank locations. The designee shall provide split
samples to the owner/operator at such a site to ensure compliance with the Underground
Storage Tank Act.
6. The designee may be requested by the HMWMD to provide assistance to the HMWMD during
meetings with owners and/or operators concerning reports on field investigations and site visits
associated with remediations and/or enforcement actions when authorized.
7. After the HMWMD has identified/approved a corrective action plan or where initial corrective
actions are being conducted, the designee may be requested by the HMWMD to provide
necessary oversight at the locations where contaminated materials are located to ensure proper
management and disposal of these waste materials.
B. Level II - FEDERAL GRANT PROGRAM - LUST TRUST FUND ACTIVITIES
1. When authorized by the HMWMD,the designee may provide assistance in obtaining appropriate
site access from private property owners, city or county property access, and street
right-of-ways for LUST Trust Fund investigations. Site access activities shall be conducted at
locations where the HMWMD has determined that an investigation is necessary and that efforts
must be made to ensure human health and/or environmental protection.
2. After the HMWMD has determined that a LUST Trust Fund investigation is necessary, the
designee, when authorized by the HMWMD, may assist in locating, mapping and identifying
utility locations as defined in the protocol, with local or major utility company's and help
coordinate efforts between state contractors and the individual utility contacts. The designee
may serve as a consultant to the HMWMD for the purposes of providing contact with local
agencies and the local community.
3. After the HMWMD has identified a site and scheduled the location for investigation, the
designee, when authorized by the HMWMD, may perform preliminary interviews with local
citizenry at or near locations where an investigation will be conducted and may be responsible
for assisting the HMWMD in coordination of all related trust fund activities (i.e. providing a
contact for concerned individuals regarding these activities, helping the HMWMD provide
information dissemination to concemed individuals, politicians, etc.).
In all circumstances the designee, or the local health department is responsible for providing the appropriate
training to their staff, assigned to those tasks involving on site visits or inspections, to ensure compliance
with all applicable federal and state occupational health and safety requirements. The designee will also be
responsible for conducting periodic medical monitoring of the staff members assigned to field activities.
The state storage tank program may provide periodic training seminars to the designee to insure
consistency of the program.
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ADDENDUM B
FUNDING FOR LOCAL DESIGNEE CONTRACTS
I. Purpose
This document is designed as a guide for use by the HMWMD and local designees to determine the
amount of funding available type of work agreed to by each agency for each activity. The categories for
each activity are as follows:
o Level I Storage Tank Activities
o Level II - LUST Trust Fund (Federal Grant) Activities
The department considers the breakout of storage tank and LUST Trust Fund activities to be separate and
as such has determined that separate funds shall be provided to the designee for the storage tank and LUST
Trust Fund portions of this agreement A.reimbursement schedule follows which specifies the amounts
available to the designee for each portion of the state's program(s). The designee will be reimbursed only
for those selected activities assigned to them by the HMWMD.
II. Designee Funding
Based on the current funding available, the HMWMD cannot fund a complete or comprehensive
program for each local entity wishing designation. Instead, the available dollars will only cover limited
Involvement at this time.
III. Reimbursement
The HMWMD has determined that a flat rate will be applied to all activities identified In Section I
. (Purpose) above. The total amount available for distribution on Level I Activities is $50,000.00 for this
contract period ending June 30, 1995. It will be divided as listed below. The amount allocated for each
activity reflects the level of effort the HMWMD believes is necessary for each task.
o Level I Storage Tank Activities -$50,000.00 per year
o Level II - LUST Trust Fund Activities -$2000.00 per site assigned by HMWMD
Level I Storage Tank Activities
The amount allocated for Level I Activities will be split further by dividing the total dollars available by
the number of months in the contract period. The result is then divided by the number of designees under
contract with the HMWMD for the contract period. At the end of each half year, all monies not previously
used in each activity category will be reapplied to the remaining time period and will be made available to
the designee(s)working on such tasks. The HMWM0 will request that all contractors submit complete billing
invoices for each site (see Addendum C) on a quarterly basis during the contract period. The invoices for
the first three (3) quarters will be submitted within thirty (30) days after the end of each quarter. Invoices
for the final quarter of the contract period should be submitted no later than June 20, 1995. The HMWMD
requires that each designee keep track of their actual time spent for each month, on all related storage tank
activities. This information will be used to develop a basis for requesting future increases in spending
authority for the program.
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LUST Trust Fund Activities
Level II - LUST Trust Fund (Federal Grant) Activities: The HMWMD will make available a maximum of
$2000.00 per site. When a site has been assigned to a state contract consultant for investigation and field
work, the HMWMD will contact the current designee for that area and offer the opportunity for participation.
In the event that the designee declines participation,another designee may be sought or considered by the
HMWMD.
Please note that this task will require an accurate accounting of all time spent on a project and the type(s)
of activities performed so that cost recovery efforts can be undertaken by the HMWMD.
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'06/18/93 Addendum C
Underground Storage Tank Program
Reimbursement Invoice
County: 'Date_ Site Name:
Submitted by: Site Address:
, (INDIVIDUAL NAME)
Signature: I
• Owner/Operator
Send Payment To: Name:
Address:
ACTIVITIES DATE HOURS RATE T-OTAL
Level l
• Consultations
Field Investigations I
Sample Collections
Report Reviews
Administrative Activities
Other I
Total
Level 2 LUST Trust Fund Activities
LUSTTrust Site I D#
Site Access
Utility Identification
Public Interviews �
Total
•
Comments:
Program Approval: Date:
Financial Approval: Date:
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4,rfiCW mEmoRAn�um �t TY
W.H. Webster, Chairman Date Decemb
COLORADO To Board of County Commissioners
From John S. Pickle, Director, Health Departure •
.. .: :'
Subject: Underground Storage Tank Remedial Program Contract
Enclosed for Board approval is a contract between the Weld County Health Department and the
Colorado Department of Public Health and Environment(CDPHE), Hazardous Waste and Waste
Management Division.
The objectives of the program are: 1) to foster communication between the CDPHE and local
health departments on storage tank issues, 2)to assist CDPHE in responding rapidly to leaks,
spills, releases, or contamination problems, and 3)to provide a local contact for
owners/operators and the public concerning underground storage tank issues.
For these services, the Health Department will receive $5,555.55 for the period July 1, 1994
through June 30, 1995.
I recommend your approval of this contract.
Enclosures
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