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HomeMy WebLinkAbout931072.tiff RESOLUTION RE: APPROVE AMENDMENT #2 FOR EXTENSION OF CONTRACT WITH 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 Amendment #2 for extension of Contract with the Colorado Department of Health, Air Pollution Control Division, commencing September 7, 1993, and ending December 31, 1993, with further terms and conditions being as stated in said amendment, and WHEREAS, after review, the Board deems it advisable to approve said amendment, 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 Amendment #2 for extension of Contract with the Colorado Department of Health, Air Pollution Control Division, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said amendment. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of October, A.D. , 1993, nunc pro tunc September 7, 1993. } 7 BOARD OF COUNTY COMMISSIONERS ATTEST: II' � 7 WE COUNTY, COLORADO �D4& / /6 vv' ktf/1 Weld County Clerk to the Board i�9X ..r,.1� 77 Constance L.j bert, Chairma BY: 77-X..../L4 rDeputy Cler to the d W. .,Web e �`rp Tem APPROVED AS TO FORM: / r /1.�//// ,,///��/- %zC l^ 1 org /E. �J County Atto ney Da e K. Hall Barbara J. Kirkmey r 931072 dd ; NL T' 'it .Ii nth/z DEPARTMENT OR AGENCY NUMBER FAA - 260000 CONTRACT ROUTING NUMBER 941405 AMENDMENT #2 CONTRACT THIS CONTRACT, made this 7th day of September 1993 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 Numbers 100, 119 , 275, APPR Codes 105, 195, Contract Encumbrance Number AIR930876 ; and WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, the State has entered into an Agreement with the Contractor—to provide services to the Air Pollution Control Division; and WHEREAS, it is the intention of the parties to amend and increase the original Contract, AIR930876, as amended, by TWELVE THOUSAND FOUR HUNDRED SIXTY-NINE DOLLARS AND SIXTY-ONE CENTS ($12 ,469 . 61) to a new total of THIRTY- FOUR THOUSAND SIXTY-FOUR DOLLARS AND FORTY-EIGHT CENTS ($34, 064.48) to provide for increased activities in the areas of stationary and mobile air pollution source inspections. • 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: �f Page 1 of 8 9-710rf/2 1. Consideration for this Amendment to the original Agreement consists of the payments which shall be made pursuant to this Agreement and the promises and agreements herein set forth. 2 . It is expressly agreed by the parties that this Contract is supplemental to the original Agreement AIR930876, dated December 31, 1992, and amendment to said Agreement, dated August 10, 1993 , both of which are attached and by this reference made a part hereof, and that all the terms, conditions, and provisions thereof, unless specifically modified herein, are to apply to this Contract and are made part of this Contract as though they were expressly rewritten, incorporated and included herein. 3 . It is agreed that the original Contract, AIR930876, as amended, between the State of Colorado for the use and benefit of the Department of Health and Weld County Health Department, shall be and is hereby modified, altered and changed in the following respects only: a. By adding to the original Contract, AIR930876, as amended, Page 2 , Paragraph I .F. , a new paragraph that reads: "The Contractor shall ensure that up to two (2) persons attend a one half-day automotive air conditioning technician and equipment field inspection training class. " b. By adding to the original Contract, AIR930876, as amended, Page 3, Paragraph III .A.3 . , line 3, as follows: after the words "through 8" add the words "and Regulation No. 15. " c. By adding to the original Contract, AIR930876, as amended, a new Paragraph III.H. , as follows: "The Contractor shall conduct inspections and provide enforcement and surveillance of stationary source air conditioning and refrigeration recovery equipment and technicians that are subject to the provisions of AQCC Regulation No. 15. The maximum number of facility inspections and the locations of said facilities as required by this Contract is specified in Exhibit 1. The Contractor shall perform the following services for the State with regard to the enforcement of Regulation No. 15. 1. Verify that technicians are certified under an EPA approved program; 2 . Verify that technicians are registered with the Air Pollution Control Division after July 1, 1993 ; 3 . Verify that technicians are utilizing and properly using EPA approved recycle/recovery equipment; 4 . Investigate complaints that warrant follow-up inspections; 5. Notify the State Air Pollution Control Division in writing of Page 2 of 8 1 072 any violators of the requirements of Regulation No. 15 or of non-certified technicians. " d. By adding to the original Contract, AIR930876, as amended, a new Paragraph V.C. , as follows: "The Contractor shall conduct inspections and provide enforcement and surveillance of Motor Vehicle Air Conditioning and Refrigeration Repair Shops which are subject to the provisions of AQCC Regulation No. 15. The maximum number of facility inspections and the locations of said facilities as required by this Contract is specified in Exhibit 1. The Contractor shall perform the following services for the State with regard to the enforcement of Regulation No. 15. 1. Verify that technicians are certified under an EPA approved program; 2 . Verify that technicians are registered with the Air Pollution Control Division after July 1, 1993 ; 3 . Verify that technicians are utilizing and properly using EPA approved recycle/recovery equipment; 4 . Investigate complaints that warrant follow-up inspections; 5. Notify the State Air Pollution Control Division in writing of any violators of the requirements of Regulation No. 15 or of non-certified technicians. " e. By eliminating and striking out from the original Contract, AIR930876, as amended, all of the paragraph in Paragraph VIII.A. , and substituting it with the following: "The State shall, in consideration of said services covered in the original Contract, as amended, and this Amendment #2, cause to be paid to the Contractor, a total sum not to exceed $34 , 064 .48 . For the activities identified in this Amendment #2, the State shall reimburse the Contractor a total sum not to exceed $12 , 469 . 61. " f. By eliminating and striking out from the original Contract, AIR930876, as amended, all of Paragraph VIII.A. 2 . , and substituting it with the following: "For the activities specified in Section I.F. , of this Contract one payment of $651. 12. " g. By eliminating and striking out from the original Contract, AIR930876, as amended, all of Paragraph VIII.A. 3 . , and substituting it with the following: "A total not to exceed $1,275. 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 17 applications. Requests for payment shall be made monthly and shall include an Page 3 of 8 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. " h. By adding to the original Contract, AIR930876, as amended, a new Paragraph VIII.A. 6. , which states: "A total not to exceed $4, 975.20 for the activities specified in Sections III.H. , and V.C. , for the inspection, enforcement and surveillance of mobile and stationary source air conditioning equipment and repair shops. Inspections may be invoiced at the rate of $27. 64 per facility to a maximum of 150 facilities. Enforcement and surveillance shall be reimbursed at the rate of $27 . 64 per hour to a maximum of 30 hours. Invoices shall be submitted on a monthly basis and shall include a list of facilities inspected. Lists are subject to Division review and approval. " 4 . Unless otherwise specified, reimbursement requests for this Amendment /2, shall be submitted to the State not later than January 15, 1994 . Full reimbursement is contingent upon approval of the final report and upon completion of all activities agreed to in the original Contract, as amended, and this Amendment #2 . 5. The term of this Amendment is September 7, 1993 to December 31, 1993 . 6. In the event of any conflict, inconsistency, or incongruity between the provisions of the Amendment and any of the provisions of the original Contract, AIR930876, as amended, the provisions of this Amendment #2 shall in all respects govern and control. 7 . These additional funds are awarded for the provision of implementing additional enforcement activities in the areas of stationary and mobile air pollution sources. H:\CWELD.EXT Page 4 of 8 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 (S 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 5 of 8 Pages Rev. 06/01/92 r�yy 9_1 'i iF�r GENERAL PROVISIONS--Page 2 or 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 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 6 of 8 Pages Rev. 06/01/92 9-?072 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 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 sum not less than one-half of the total amount payable by the terms of this contract.Such bond shall be duly executed by a qualified corporate surety conditioned upon the faithful performance of the contract 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 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: (a)The contractor will not discriminate against.any employee or applicant for employment because of race,creed, color, national origin, sex, marital status, religion,ancestry,mental or physical h hdicap,or age.The contractor will take affirmative action to insure that applicants are employed,and that employees are treated during employment,without regardita thea6o4a-sneraionrd characteristics. Such action shall include,but not be limited to the following: employment upgrading,demotion,or transfer,recruitment or recruitment advertising:;lay-offs or terminations;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. (c)The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding,notice to be provided by the contracting officer,advising the labor union or 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. (d)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. (e)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 see,creed,color, sex,national origin,or ancestry. (O 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 1/93 395.53-01-1022 page-7 of 8 pages � 197 J (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 to 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. 197$. 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)io every sub-contract 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 such 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. • COLORADO LABOR PREFERENCE 6a.Provisions of CRS S-17.101 & 102 for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereunder and are financed in whole or in pan by State funds. b.When a construction contract(*republic project is so be awarded to a bidder,a resident bidder shall be allowed a preference against a non-resident bidder from a sate or foreign country equal to the preference given or required by the state or foreign country in which the nor-resident bidder is a resident.If it is determined by the 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 otherwise be inconsistent with requirements of Federal law,this subsection shall be suspended,but only to the extent necessary so prevent denial of the moneys or to eliminate the inconsistency with Federal requirements(CRS 1-19-101 and 102) 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 pan shall be valid or enforceable or available in any action at law whether by way of complaint, defence,or otherwise.Any provision rendered null and void by the operation of this provision will not invalidam the remainder of this contract to the extent that the contract is capable of execution. IL M 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 aver that they am familiar with CRS 1146301,a.seq„(Bribery and Corrupt Influences)and CRS 111-IIJol.et,seq..(Abuse of Public Office). and that no violation of such provisions is present. 10.The signatories aver that to their knowledge-no state employee has any personal or beneficial interest whatsoever in the service or property described herein: IN WITNESS WHEREOF,the panics hereto have executed this Contract on the day front above written. Contractor. (Fugal Name) WELD COUNTY HEALTH DEPARTMENT STATE OF COLORADO • rr ROY ROMER,GOVERNOR By for 9 EXECUTIVE DIRECTOR Position(Title) 8 000813 B.�/ty� e�J nrfl `r l / /7hww —)3 DEPARTMENT HEALTH • If Corporation:) A OF Attest( O /l>“ t/✓CL Department " � L-C �/ held County Health Deparent By: APPROVALS John S. Pickle Pickle ATTORNEY GENERAL Director CONTROLLER By By Form 6-AC-02C Revised INS Page 8 which is the Iw of 8 pages 395.33-01.1030 'See instructions on inverse side. PROGRAM APPROVA . EXHIBIT 1 1993 WORKLOAD ESTIMATE WELD COUNTY HEALTH STATIONARY SOURCES ACTIVITIES MAJOR SOURCE INSPECTIONS (see attached list) 0 MINOR SOURCE INSPECTIONS (see attached list) 13 PORTABLE SOURCES 1 FINAL APPROVAL INSPECTIONS (three-year average) 9 ENFORCEMENT ACTIVITIES (three-year average) 0 COMPLAINTS (three-year average) 63 OPEN BURNING PERMITS (three-year average) 75 WOOD STOVE DEALER INSPECTIONS (see attached list) 0 ASBESTOS INSPECTION CREDITS 9 NEW SOURCE IDENTIFICATION 17 TRAINING & CERTIFICATION VE & ODOR PLUS TRAINING TECHNICAL SERVICE ACTIVITIES PARTICULATE MONITORS 3 MONITORS, 60 SAMPLES GASEOUS MONITORS 1 STATION, 2 MONITORS MOBILE SOURCE ACTIVITIES PROCTOR TESTING PROCTOR CERTIFICATION TESTING MOBILE/STATIONARY AIR CONDITIONING AND _150 REFRIGERATION INSPECTIONS 04 071 COUNTY WELD 2220 INSPECTION SOURCE # SOURCE NAME QUARTER MINOR SOURCES 185 PHNDLE EAST (DOUGHAN) 4 190 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 `x:197? O N W • O Q N W N m m Q M N Q M t0 0 0 M M Q Q Q N m N Q w ^ 0 0 0 0 N r r r Q m ^ Q ^ M M ^ N O O " ^ ^ Q a - o0O000000000000O00000000000000OOo0OOO0000O000oo0000000O000 » 0000� o N 00000000 m m m m m m m m m m m m m m m m m m S m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m 000OOOOOOOOOOOOOOOO0OOOOOOOOOOOOOO0OOOOOOOO0OOOOOO N V V U V U V U U V U V U U U U V U V V U U U U U V U U U O D U V U V V U U U U V V U U U U U U U U U 0 > 0 r • » Z» » » »000 a V a w w w w Y Z 0. 333 S V 0 N 0000000000000 0000000000000000 0 0 0 0 0 0 0 0 O O O W Q a a W W W J J J.. . . . 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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 9 : 1972 DEPARTMENT OR AGENCY NUMBER FAA - '_60070 CONTRACT ROUTING NUMBER PJ930876 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/81, Denver, Colorado 80222-1530 hereinafter referred to as the State and Weld County Health Department, 1517 16th Avenue Court, Greeley, Colorado 80631 hereinafter referred to as the Contractor. WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment in Fund Number 100/119 , APPR Code 105 , Contract Encumbrance Number AIR930876 ; and WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies, and WHEREAS, pursuant to the legislative declaration set forth in the "Colorado Air Quality Control Act" hereinafter called "Act", and pursuant to Standards, Rules and Regulations and Statements of Policy of the Air Quality Control Commission relative thereto and supplements or amendments thereto, and to Orders, Decisions, Findings, Rulings, and administrative functions and procedures adopted, promulgated, issued and enforceable pursuant to law, the State is vested by law with the duties and powers necessary to carry out the intent of said Act and the State Implementation Plan (SIP); and WHEREAS, pursuant to the provisions of Section 25-7-111, C.R.S. of the Act, the State is vested with certain powers therein prescribed, including in Subsection (2) (f) of said section the following: (2) (f) "Designate one or more persons or agencies in any area of the state as an air pollution control authority as agent of the division to exercise and perform such powers and duties of the division as may be specified in such designation"; and WHEREAS, the State, in exercise of the power aforesaid, desires to designate the Contractor to act in its behalf within the jurisdiction designated in Paragraph I.D. herein in carrying out each and all responsibilities implemental of the legislative declaration enunciated in the Act and as hereinafter prescribed, not by way of limitation, in administering and enforcing the Act and Rules and procedures aforesaid; and the Contractor agrees to accept said designation under said terms and conditions; and WHEREAS, nothing herein shall affect the ability of the Contractor to participate in the development of SIP revisions or to challenge any provision thereof, provided, however, that the Contractor agrees that it shall enforce the effective provisions of the State Implementation Plan as provided by this Contract until they be modified. NOW THEREFORE, it is hereby agreed that: I. Administration A. Designation as Agency The State does hereby designate the Contractor and the Contractor does hereby Page 1 of 12 971079, accept the designation as the Agent of the State pursuant to 25-7-111(2)f, C.R.S. The Contractor agrees to do and perform, in accordance with such Act, Standards, Rules, and Regulations, Orders, Decisions, Findings, Rulings, and administrative functions and procedures, and any amendments, additions, and revisions thereof, such services as are required in enforcing the same. B. Contract Term The term of this Contract is beginning January 1, 1993 and continuing through June 30, 1993, renewable for an additional three (3) month period, at the State's option. If this Contract is so renewed, renewal shall be by Letter of Agreement (copy attached) and by this reference made part hereof as Exhibit 3 and all terms and conditions of the Contract remain the same. C. Supersession This agency designation shall revoke and supersede any earlier written or oral delegation of authority by the State to the Contractor concerning the control of air pollution in the areas listed in Paragraph I.D. D. Area of Control The Contractor agrees to perform the duties listed in this Contract in the following political subdivision of the State of Colorado: Weld County E. Support Personnel The State shall designate specific state personnel who shall provide information to assist the Contractor in its performance under this Contract. The State shall notify the Contractor of such personnel who have been so designated. F. Cooperation, Training and Instruction The State shall cooperate with and provide assistance to the Contractor to ensure receipt of the training and instruction reasonably necessary to fulfill the requirements of this Contract. The Contractor shall ensure that: up to four (4) persons attend one classroom opacity session and one opacity certification session per Contract period and two (2) persons attend one odor school per Contract period; a State Certified Opacity Observer is on staff at all times; appropriate staff attend all scheduled enforcement seminars and training sessions; and the Contractor be represented at the annual All Agency Meeting. The Contractor shall ensure that its employee who conduct asbestos abatement inspections undergo the required medical monitoring and respirator fit testing and use properly fitted respirators and protective clothing while performing asbestos inspections or investigating asbestos complaints. G. Nothing herein shall limit the ability of the Contractor to administer and enforce its own ordinances and orders issued under its own independent authority to control air pollution. II. Ambient Air Quality Monitoring A. The Contractor shall operate an air quality monitoring network consisting of two (2) fine particulate monitors, one (1) total suspended particulate monitor, one (1) ozone monitor, and one (1) carbon monoxide monitor within the areas listed in Paragraph I.D. , in locations determined by the State and using monitors and filter pads provided by the State. B. The State shall provide the Contractor with a schedule for the operation of the particulate monitors, the changing of filter pads at those monitors, and instructions for the submission of those pads to the State. The Contractor shall Page 2 of 12 operate the monitors, change the filter pads, and submit the filter pads to the State in accordance with the schedule and instructions. C. The Contractor shall provide the following services for the carbon monoxide and ozone monitors: 1. First line maintenance. 2. Troubleshooting on maintenance problems with the assistance of the State, including visual inspection of operating components, minor adjustments of operating parameters, adjustment of zero and span controls for carbon monoxide monitors only, changing of pumps, and other minor functions not requiring the use of voltmeters or sophisticated tools. 3. Changing of cylinders of gas. 4. In accordance with the schedule to be provided by the State, inspections not to exceed three per week at each of the monitors. 5. Maintenance of State provided log sheets for each of the monitors. III. . Stationary Sources A. The Contractor, as a delegated authority of the State, will provide the following services. The enforcement of the Act and regulations promulgated thereunder by the Contractor shall be in a manner prescribed by the State. 1. Conduct inspections and provide enforcement and surveillance of sources which are subject to the provisions of the Colorado Air Quality Control Commission's (the Commission's) Regulations Nos. 1 through 8, unless otherwise specified or provided herein. 2. Conduct inspections as specified in this Section III.A. , of all sources listed in Exhibit 1, which is attached hereto and incorporated herein by this reference following the schedule prescribed in Exhibit 1. As used in Exhibit 1, the first period shall be from January 1, 1993 to March 31, 1993; the second period shall be from April 1, 1993 to June 30, 1993. 3. Prepare Notices of Violation, except for asbestos, in the form and manner prescribed by the State for violations of the Commission's Regulations Nos. 1 through 8. Notices of Violation should be sent under joint State- Contractor signature. 4. Issue Compliance Orders for violations of the Commission's Regulations Nos. 1 through 8, except for asbestos, after written approval by the Executive Director of the Colorado Department of Health or his designee with respect to each separate order to be issued. Prior written approval by the Executive Director shall not be required for orders issued for violations of Regulation No. 1, Section II.C. Compliance Orders may, but are not required to, be issued under joint State-Contractor signature upon request of either the Contractor or the State. Approval for the issuance of Compliance Orders shall be obtained in accordance with the following procedures: a. A copy of a draft of the Compliance Order prepared by the Contractor shall be transmitted to the State person identified by Paragraph I.E. of this contract. b. The State shall ensure the appropriate circulation within the Colorado Department of Health to obtain technical review, legal review and approval (concurrence) or disapproval for the issuance of the Order. c. Approval (concurrence) for the issuance of each separate order may be conditioned upon modifications or amendments to such order; and shall be evidenced on the draft order or amendments affixed thereto by the written initial or signature, denoting approval or concurrence, of the Executive Director of the Colorado Department of Page 3 of 12 Health or his designee. 5. Conduct investigations of specific air contaminant sources upon request of the State or upon valid written complaint of any other person within the area identified by Paragraph I.D. of this contract, to ascertain compliance with the Act, including the Standards, Orders, and Regulations of the Commission. • 6. Conduct surveillance of any stationary source observable during field activities. B. Reimbursement for asbestos inspections shall be limited to activities associated with demolition or renovation projects. 1. For the purpose of determining inspection credits, the following definitions apply: a. A FULL abatement inspection is one in which the inspector enters the enclosure, dressed in protective clothing and wearing respiratory protection, for the purpose of observing work practices and waste handling techniques. b. A PARTIAL abatement inspection is one in which the inspector does not enter containment. c. A PRE-ABATEMENT inspection is one in which the inspector arrives at the site after construction of the containment has begun but before removal, encapsulation or enclosure has begun. d. A POST-ABATEMENT inspection is one in which the inspector arrives at the site after the removal, encapsulation or enclosure has been completed, but before the containment has been taken down. The inspector must arrive in time to conduct a complete visual inspection. e. A COMPLAINT inspection is one in which the Contractor is investigating a report of violations or potential violations. f. A FOLLOW-UP inspection is an inspection conducted for the purpose of determining whether or not previously encountered violations have been corrected. g. A PRE-DEMOLITION inspection is an inspection that is conducted prior to a demolition project. Page 4 of 12 ��9y 9—..71 (�.J l+y ry 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.H.1.a. to III.B.l.g. above. The Contractor shall not be required to conduct asbestos activities once the maximum number of credits has been consumed. 4. Post-abatement inspections shall be credited only when they include a thorough visual inspection conducted inside the containment for the purpose of determining the presence of suspect asbestos containing debris. 5. The Division shall reimburse the Contractor double the number of inspection credits shown in the Table for any asbestos inspection conducted entirely during off hours, for each inspector. For the purposes of this Contract, off hours include weekends, official State holidays, and between the hours of 6:00 P.M. and 6:00 A.M. 6. The Contractor shall investigate all complaints of asbestos-related activities within the area defined in Paragraph I.D. 7. The Contractor shall not be reimbursed for any asbestos related activity not associated with compliance with Regulation No. 8. 8. The Contractor shall prepare and sign all asbestos-related Notice of Violation (NOV) letters, Letters of Admonition (LOA) , and letters of inquiry and forward them to the State, which shall co-sign them and transmit them to the addressee(s) . 9. The Contractor shall be co-participants in all NOV conferences, Adjudicatory Hearings and settlement discussions, • as necessary and appropriate. Page 5 of 12 0'1 n�n C. Permits The Contractor will perform the following services for the State in connection with the enforcement and administration of the Commission's Regulations concerning air pollution emission permits and open burning permits. 1. Issue or deny permits to open burn to individuals making application for such permits within the areas listed in Paragraph I.D. provided that, in cases involving novel or unusual issues or circumstances, or in cases presenting questions of local importance or affecting the State Implementation Plan, the contractor shall secure the written approval of the Executive Director of the Department of Health, or his designee, prior to issuing or denying permits to open burn. 2. Provide appropriate permit application forms, furnished by the State, to persons within the areas listed in Paragraph I.D. who are subject to the provisions of the Air Quality Control Commission's Regulation No. 3; review and report to the State on permit applications submitted by such person within the time deadlines for permit review as specified in the Act, and on conditions warranting revocation or modification of existing permits issued pursuant to Regulation No. 3. The State reserves to the Executive Director of the Department of Health, or his designee, the authority to issue, deny, or revoke such permit applications and permits. 3. Conduct inspections of all sources within the areas listed in Paragraph I.D. which have been issued initial approval of their emission permit, and report to the State on conditions warranting revocation, or modification pursuant to Regulation No. 3. 4. The Contractor shall conduct final approval inspections and submit the completed inspection along with the agency's recommendations within thirty (30) days of commencement of the full start-up operation date as submitted by the source. D. Identify and locate new unpermitted air pollution sources in accordance with the procedures outlined in Exhibit 2, which is attached and by this reference made a part hereof. The maximum number of new sources identified and located as required by this contract is specified in Exhibit 1. E. Provide air pollution emission notice forms furnished by the State to sources within the areas listed in Paragraph I.D. subject to the requirements of Section 25-7-114, C.R.S. Completed forms shall be transmitted to the State in triplicate for incorporation into the State air pollution emission inventory. F. The State reserves the right to modify procedures for the enforcement of the applicable regulations consistent with policy statements issued by the Division and to provide forms to be used to implement said policy. G. To enable the Contractor to execute the duties as specified in this contract, the Contractor is hereby delegated authority to enter with the consent of the property owner, or, with a warrant if necessary, any public or private property to make inspections, conduct tests, or examine books and records. ' Should a warrant be necessary to gain access to the property the Contractor shall notify and obtain the written approval of the party designated in Section I.E. prior to making application 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 Q."10 7'' , V. Mobile Soufce Control Activities A. The Contractor will assist in performing certain activities related to informing and educating the public on various aspects of the Automobile Inspection and Readjustment (AIR) Program and the oxygenated fuels program. Pamphlets, brochures, and consumer information handbooks may be provided by the State for distribution by the Contractor. • B. The Contractor shall proctor AIR Program Mechanic Testing in accordance with the schedule to be provided by the State. VI. Reports and Documents The Contractor shall provide to the State the following reports and documents at the times indicated. A. A monthly report of activities for the Contractor's air pollution program using the form supplied by the State. Each monthly report shall be submitted to the Division by the 15th of the subsequent month. B. Upon request of the State, reports covering specified violations in a form and manner indicated at the time of the request. C. Copies of all notices of violation and revocations of Open Burning permits within seventy-two (72) hours after such notices of violation or revocations are issued. D. Copies of all field inspection reports for those sources within the area specified in Paragraph I.D. , as listed in Exhibit 1. All inspection reports shall be submitted to the State within 45 days of completion of the inspection. E. Copies of all permits for open burning issued by the Contractor shall be submitted on a monthly basis. F. All asbestos inspection reports shall be completed using the State form or a form previously approved by the State. All inspection reports shall be submitted to the State on a monthly basis and received no later than the 10th of the month following the inspections. VII. Forms and Formats The Contractor shall use the forms supplied by the State in the performance of the services as specified in this Contract unless prior written approval is granted by the State authorizing the use of alternate forms. VIII. Consideration and Budget A. Consideration The State shall, in consideration of said services, cause to be paid to the Contractor, a total sum not to exceed 514,396.58 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, two (2) payments of $2,981.50 to be respectively billed as soon after January 1, 1993 and July 1, 1993. The State shall process such requests as soon as possible after receipt. The Contractor may not request reimbursement later than August 1, 1993. Requests for reimbursement for these activities which are received after this date shall not be processed and the Contractor shall not be reimbursed. 2. For the activities specified in Section I.F. of this contract, two (2) payments of $430.00 to be respectively billed as soon after January 1, 1993 and July 1, 1993. The State shall process such requests as soon as possible after receipt. The Contractor may not request reimbursement later than August 1, 1993. Requests for reimbursement for these activities which are received after this date shall not be processed and Page 7 of 12 the Contractor shall not be reimbursed. 3. A total not to exceed $2,400.00 for the identification of new air pollution sources as required by Section III.D. of this contract. These may be invoiced at the rate of $75 per application submitted to a maximum of az applications. Requests for payment may be made monthly and shall include an itemized list of the new air pollution source facilities as specified by the procedures in Exhibit 2. These lists are subject to Division review and approval. For sources which are identified between January 1, 1993 and June 30, 1993, the Contractor may not request reimbursement later than August 1, 1993. Request for reimbursement for these activities which are received after this date shall not be processed and the Contractor shall not be reimbursed. 4. For the activities specified in Section II. of this contract, two (2) payments of $1,400.75 to be respectively billed as soon after January 1, 1993 and July 1, 1993. The State shall process such requests as soon as possible after receipt. The Contractor may not request reimbursement later than August 1, 1993. Requests for reimbursement for these activities which are received after this date shall not be processed and the Contractor shall not be reimbursed. 5. A total not to exceed $622.08 for asbestos activities as required by Section III.B. of this contract. These may be invoiced at the rate of $34.56 per credit earned to a maximum of la credits. Requests for payment may be made quarterly and shall include an itemized list of the projects on which the credits were earned. These lists are subject to Division review and approval. For asbestos credits which are earned between January 1, 1993 and June 30, 1993, the Contractor may not request reimbursement later than August 1, 1993. Request for reimbursement for these activities which are received after this date shall not be processed and the Contractor shall not be reimbursed. 6. A total of $1,750.00 shall be for the proctoring of AIR Program Mechanic Tests, which shall be reimbursed at the rate of $5.00 per test proctored. Requests for payment shall be made quarterly and shall include the number and dates of tests proctored as specified in Paragraph V.B. of this contract. B. Personnel and Operating Budget 1. The Contractor agrees that all monies received in accordance with Article VIII.A. of this Contract and matching Contractor funds shall be expended exclusively in the performance of air pollution services as set forth in the provisions of this Contract. a. A copy of the Contractor's air pollution program operation budget and staffing pattern shall be filed with the State as soon as possible or within thirty (30) days of the effective date of the contract. 2. The Contractor further agrees to match the State amount with at least $18,369.50. H:\CNELD.93 Page 8 of 12 A 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 ocher amendment hereto shall have any force or effect whatsoever, unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a written contract executed and approved pursuant 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 9 °i07” GENERAL PRO1/1SIONS--Pagf of 2 pages e) the Americans with Disabilities Act (Public Law 101-336; 42 USC 12101, 12102, • 12111 - 12117, 12131 - 12134, 12141 - 12150, 12161 - 12165, 12181 - 12189, 12201 - 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 Stac. 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 co this contract must be received within 60 days after the period for which payment is being requested and final billings on the contract must be received by Health within 60 days after the end of the contract term. _ 8. If applicable, Local Match is to be submitted on the monthly payment statements, in the column provided, as required by the funding source. 9. If Contractor receives $25,000.00 or more per year in federal funds in the aggregate from Health, Contractor agrees to have an annual audit, by an independent certified public accountant, which meets the requirements of Office of Management and Budget Circular A-128 or A-133, whichever applies. If Contractor is required to submit an annual indirect cost proposal to Health for review and approval, Contractor's auditor will audit the proposal in accordance with the requirements of OMB Circular A-87, A-21 or A-122. Contractor agrees to furnish one copy of the audit reports to the Health Department Accounting Office within 30 days of their issuance, but not later than nine months after the end of Contractor's fiscal year. Contractor agrees to take appropriate corrective action within six months of the report's issuance in instances of noncompliance with federal laws and regulations. Contractor agrees to permit Health or its agents to have access to its records and financial statements as necessary, and further agrees to retain such records and financial statements for a period of three years after the date of issuance of the audit report. This contract does (59%) contain federal funds as .of the date it is signed. This requirement is in addition to any other audit requirements contained in other paragraphs within this contract. 10. Contractor agrees to not use federal funds to satisfy federal cost sharing and matching requirements unless approved in writing by the appropriate federal agency. Page 10 of 12 Pages Rev. 06/01/92 !ri(1 Or? 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 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 sum not leas 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 seine 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 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 2a-3!-002).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 Stare contracts or sub-contracts. During the performance of this contract,the contractor agrees as follows: • (a)The contractor will not discriminate against,any employee or applicant for employment because of race,creed,color,national origin, sex. marital status,religion,ancestry.mental or physical Indian,or age.The contractor will take'affirmative action to insure that applicants are employed,and that anployees am treated during employment,without regarddo tanbi4d aetfioned characteristics.Such action shall include,but not be limited to the following: employment upgrading,demotion,or transfer,recruitment or recruitment advertisings:layoffs or terminations:rates of pay or other forms of mntpcosation: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 anus,religion.ancestry,mental or physical handicap. or age. (e)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,dazed April 16. 1975,and of the rules,regulations,and relevant Orders of the Governor. (d)The contractor and labor unions will furnish all information and reports required by Executive Order,Equal Opportunity and Affirmative Actionof 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. (e)A labor organization will not exclude any individual otherwise qualified horn 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 rice,creed-color. aex,national origin,or ancestry. (f)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 Jf5.53-01.1022 page 11_ of,..j:,2::. pages • • (g)In the event of the contractor's non-compliance with the non-discrimination Clauses of this contract or with any of suck rules.regulations,or orders. this contract may be canceled. termsnated or suspended in whole or in part and the coneactor may be declared ineligible for further State contracts is • accordance with procedures.authorized in Eseeadvc Order,Equal Opportunity and Affirmative Action of April 16. 197$end 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 order promulgated in accordance therewith,or as otherwise provided by law. , (6)The contractor will include the provisions of paragraphs(a)through(h)in every sub-cootrau and subcontractor purchase order unless exempted by rules.regulations.or orders issued pursuant to Executive Order.Etna Opportunity and Affirmative Action of April 16.197$.so that such provisions will be binding upon card subcontractor or vendor.The contractor will take such action with respect to any nob-mmraaing or purchase order as the contracting agency may dimes,as a means of enforcing such provisions.including unctions for nontromplianee: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 cote into such litigation to mom the imam of the State of Colorado. COLORADO LABOR PREFERENCE 6n._Provisions of CRS 1.17-101 t 102 for pnfacece of Colorado labor en applicable to this smtraa if public wont within the State an undertaken hereunder and • an fananad in whole or in pen by Susie hula. Is.When a contention coeuset for a public project is a be awarded to a bidder.a resident bidder shall be allowed a preference against a eau-midst bidder from a ante or foreign eeeamy equal to the preference given or required by the awe sr foreign caenays which the non-mideu bidder is a resident.If it is derennmed by the officer responsible for awarding the bid that compliance with this sabssetia.06 may trine denial of federal funds which would otherwise be available or would otherwise be icoosineat with requirements of Federal law.this sobeactia shell be ssapeaded,be may so the men smeary to prints denial of the moneys or to eliminate the iocoeaiatmry with Federal ngsinmeea(CRS 1-19.101 and 102) GENERAL • . -7.The laws of the State of Colorado mad rale and teguWions issued pennant thereto shall be applied in the mwpretation.etcaion,and enforcement of this Conner-Arty revision of this contract wberha at sec scorpoeaced basin by reference which provides for arbitration by any tins-judicial body or person or which is otherwise in conflict with said laws.rules,mad regulation shall be®aided all and void.Nothing contained is any provision smrparued herein by reference which psrports to negate this or any other special provision in whole ors pen shall be valid orenforceable or available in any swim at law whether by way of complain, defeace,or otherwise.Any provision rendered null ad void by the operation of this provision will at invalidue the remainder of this comet to the asst than the enema a capable of execution. t At all dotes daring the performance of this coaeaa,the Conmneser shall strictly adhere to all applicable federal and slate laws,relem,and regulations that have been or may hereafter be established. 9.The signatories aver that they are families with CRS ($4-301.a eq..(Bribery end Comer lafisaaees)ad QS 11-1.401.a seq..(Abase of Public Office). and that on violation of such provision is present. • • IQ The signatories ever that to their knowledge,soothe employer Way pesanal or beneficial loam whatsoever is the service or pm erty described Mein: Di WITNESS WHEREOF,the parties hereto have esaemd this Cosines on the day Cut above writhed Contractor . (Fell LeplName) WELD COUNTY HEALTH DEPT: STATE OF COLORADO ROY ROMER,GOVERNOR Wel County Board of Commissioners 7 • ` `d—n4 -._,afC-l(e-i—L.cc.J� By . " _i. /L LC-- for • Poa ties(Tide) Chairman 846000813B . swat noon w irat La.nwwtw - tier ncan HEALTH IfCorperssior) p p for ,: e L ' • OF - Amy(W j �(jij�Ju�p �_ UflD wuan HFaL.� Dnia 'z'n1'r By• )Q4.4.6,4lsdEbi/ abxxrx+��enee to Board By: 249 . - ! ', _seesr - • APPRoyAL5ED IryORyAgIrs COPY ATTORNEY GENERAL Y i >,nal and too oopsee of 6hke oDN7R011 ad by all , oontraot have been sign By • . By p t.nte offt0t is require y the spprofc oon7.rwho Rewired Ina page 12 wb.n is she tea r 12 pew )1k-S3Ot-1030 vim sameersma on reverse side. PROGRAM APPROVA - d • o'?`1 n71 EXHIBIT 1 1993 WORKLOAD ESTIMATE WELD COUNTY HEALTH STATIONARY SOURCES ACTIVITIES MAJOR SOURCE INSPECTIONS (see attached list) 16 MINOR SOURCE INSPECTIONS (see attached list) 20 PORTABLE SOURCES 2 FINAL APPROVAL INSPECTIONS (three-year average) 17 ENFORCEMENT ACTIVITIES (three-year average) 2 COMPLAINTS (three-year average) 124 OPEN BURNING PERMITS (three-year average) 150 WOOD STOVE DEALER INSPECTIONS (see attached list) 1 ASBESTOS INSPECTIONS 18 CREDITS NEW SOURCE IDENTIFICATION 32 TRAINING & CERTIFICATION VE & ODOR PLUS TRAINING TECHNICAL SERVICE ACTIVITIES PARTICULATE MONITORS 3 MONITORS, 120 SAMPLES GASEOUS MONITORS 1 STATION, 2 MONITORS MOBILE SOURCE ACTIVITIES PROCTOR TESTING PROCTOR CERTIFICATION TESTING ”:1 Orb. COUNTY WELD 2220 INSPECTION SOURCE I 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 2 051 WYOMING INTERSTATE GAS 1 073 HEWLETT PACKARD 2 088 COORS - KEENSBURG MINE 1 089 GOLDEN RECYCLING 1 095 FRONTIER MATERIALS 2 175 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 WOODSTOVE DEALER GREELEY STONE STOVE Q`T'R nnryn EXHIBIT 2 • 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 $75 PER FACILITY, REGARDLESS OF HOW MANY INDIVIDUAL EMISSION POINTS ARE LOCATED AT THAT FACILITY. 2. LOCAL AGENCIES WILL BE REIMBURSED ONLY FOR THOSE FACILITIES FORMERLY UNKNOWN TO THE DIVISION. AGENCIES WILL NOT BE REIMBURSED FOR IDENTIFYING NEW POINTS AT FACILITIES .ALREADY ON DIVISION SYSTEMS. SUCH POINTS SHOULD CONTINUE TO BE IDENTIFIED AS PART OF ROUTINE WORK. 3. LOCAL AGENCIES WILL BE REIMBURSED FOR LOCATING ANY FACILITY THAT WILL BE REQUIRED TO FILE AN AIR POLLUTION EMISSION NOTICE, REGARDLESS OF PERMIT REQUIREMENTS. H:\EXHIBIT2.JSB T /j • STATE OF COLORADO COLORADO DEPARTMENT OF HEALTH of c Dedicated to protecting and improving the health and 4"; � environment of the people of Colorado •'�*4300 Cherry Creek Dr.S. Laboratory Building Denver,Colorado 80222-1530 4210 E.11th Avenue ra n• Phone(303)692-2000 Denver,Colorado 80220-3716 (3031691.4700 Ray Rye Governor Patricia A.Nolan,MD,MPH Executive Director SAMPLE EXHIBIT 3 April 1993 Local Agency Address City, State, Zip The State hereby notifies (Name of Local Acencvl , that pursuant to paragraph I.B. of Contract AIR99999 , the State will exercise its option to renew this Contract for an additional three months beginning July 1, 1993 and ending September 30, 1993 and awards Dollars ($ S S S S ) for that period. The terms and conditions of the original Contract shall remain the same. Please sign and return all copies of this notification. This letter of amendment to the Contractor is intended to be effective July 1, 1993, but in no event shall this amendment be deemed valid until it shall have been approved by the State Controller of such assistant as he may designate. Sincerely, Lee Thielen, Assistant Director Contractor Colorado Department of Health By Title Program CONTROLLER By By B:\EXHIBIT3.JSB 9-111 ,- .STATE OF COLORADO COLORADO DEPARTMENT OF HEALTH ,'. Dedicated to protecting and improving the health and environment of the people of Colorado •�A Crsd R• 4300 Cherry Creek Or.S. Laboratory Building `'/876• Denver,Colorado 80222-1530 4210 E.11th Avenue Phone(303)692-2000 Denver,Colorado 80220-3716 RoyRama (303)691.4700 Governor Patricia A.Nolan,MD,MPH Executive Dircoar August 10, 1993 Mr. Randy Gordon Director WELD COUNTY HEALTH DEPARTMENT 1517 16th Avenue Court Greeley, Colorado 80631 Re: Extension of Contract AIR930876 Dear Mr. Gordon: The State of Colorado hereby notifies Weld County Health Department, that pursuant to Paragraph I.B of Contract AIR930876, (which by this reference is made a part hereof) , the State will exercise its option to renew this Contract for an additional three months beginning July 1, 1993 and ending September 30, 1993 and awards SEVEN THOUSAND ONE HUNDRED NINETY-EIGHT DOLLARS AND TWENTY-NINE CENTS ($7198.29) for that period. A breakdown of activities and costs are identified below: $2981.50 shall be for the activities as specified in Section III.A. , III.C. , III.E. , III.F. , III.G. , IV. , V, and VI. of the original Contract. $430.00 shall be for the activities in Section I.F. of the original Contract. $1200.00 shall be for the identification of 16 new sources as specified in Section III.D. of the original Contract. '- $1400.75 shall be for the activities specified in Section II. of the original Contract. $311.04 shall be for earning 9 asbestos credits as specified in Section III.B. of the original Contract. $875.00 shall be for activities specified in Section V.B. of the original Contract. A new Workload Estimate for the extended period is enclosed as Exhibit I. The Contractor shall match the State with at least $9184.00. The Contractor shall request reimbursement for the extended portion of the original Contract not later than November 1, 1993. All other terms and conditions of the original Contract shall remain the same. C1'1'1 O7' Mr. Randy Gordon August 10, 1993 Page 2 Please sign and return all copies of this notification. This letter of amendment to the Contractor is intended to be effective July 1, 1993, but in no event shall this amendment be deemed valid until it shall have been approved by the State Controller of such assistant as he may designate. Sincerely, �� p. Lee Thielen, Assistant Director Contractor Weld County Health Department Colorado Department of Health Federal I.D. Number 846000813 By Title Progra Air Pollution Control Div. Ci <41.4 "a CONTROLLER By By Enclosure H:\E%HIBIT3.JSS Qri ry EXHIBIT 1 1993 WORKLOAD ESTIMATE WELD COUNTY HEALTH . STATIONARY SOURCES ACTIVITIES MAJOR SOURCE INSPECTIONS (see attached list) 6 MINOR SOURCE INSPECTIONS (see attached list) 10 PORTABLE SOURCES 1 FINAL APPROVAL INSPECTIONS (three-year average) 9 ENFORCEMENT ACTIVITIES (three-year average) 1 COMPLAINTS (three-year average) 62 OPEN BURNING PERMITS (three-year average) 75 WOOD STOVE DEALER INSPECTIONS (see attached list) 1 ASBESTOS INSPECTION CREDITS 9 NEW SOURCE IDENTIFICATION 16 TRAINING & CERTIFICATION VE & ODOR PLUS TRAINING TECHNICAL SERVICE ACTIVITIES PARTICULATE MONITORS 3 MONITORS, 60 SAMPLES GASEOUS MONITORS 1 STATION, 2 MONITORS MOBILE SOURCE ACTIVITIES PROCTOR TESTING PROCTOR CERTIFICATION TESTING 03 COUNTY WELD 2220 INSPECTION SOURCE # SOURCE NAME . QUARTER MAJOR SOURCES 045 GREELEY EXCAVATION 3 074 AMOCO - SINGLETREE 3 075 AMOCO - SURREY 3 076 AMOCO - WEST SPINDLE 3 088 COORS - KEENSBURG MINE 3 102 CONNELL/LOVELAND EXCIV 3 MINOR SOURCES 138 ONCE A TREE FURNITURE 3 140 NORTHERN PRIMINMG & PRESTAI 3 141 WESTERN GAS SUPPLY CO 3 154 CACTUS RANCH CATTLE CO 3 157 MTN VIEW LAMB FEEDERS 160 ANDERSON SALES & SALVAGE 3 163 ROGGEN GAS PROCESSING 3 166 MOREY'S SALVAGE & GLASS 3 169 DAVID JOSEPH CO 181 NATIONAL HOG FARMS 3 WOODSTOVE DEALER POULSON HARDWARE STATE OF COLORADO COLORADO DEPARTMENT OF HEALTH -c Dedicated to protecting and improving the health and y environment of the people of Colorado • I, i * 4300 Cherry Creek Dr.S. Laboratory Building f«s' •* Denver,Colorado 80222-1530 4210 E.11th Avenue Phone(303)692-2000 Denver,Colorado 80220-3716 (303)691-4700 Roy Romer Governor Patricia A.Nolan,MD,MPH Executive Director September 20, 1993 Mr. John Pickle Director WELD COUNTY HEALTH DEPARTMENT 1517 16th Avenue Court Greeley, Colorado 80631 Re: Contract AIR930876 - Amendment #2 Dear Mr. Pickle: Enclosed are the copies of Weld County' s Contract Amendment AIR930876. This Amendment covers the 4th Quarter activities as well as CFC inspections. After the necessary signatures are obtained, please return all copies of the Contracts to my attention. A verified copy of the Contract will be returned to you after full approval. I have also enclosed a copy of an annual Contract Budget Summary for your information. Let me know if you have any questions. Sincerely, J lie - In dministrative O icer annin and Bu get Section A - lution Control Division JA/jsb H:\AMENDLTR.JSB Enclosure 9:1072■/l■ - WELD COUNTY HEALTH DEPARTMENT CONTRACT BUDGET SUMMARY ORIGINAL - $14,396.58 AMENDMENT #1 - $ 7, 198.29 (Extension) AMENDMENT #2 - $ 7,273.29 (Base) (CFC) - $ 5,196.32 $34,064.48 ell 07'1 mEmoRAnDum Wilk. To Constance L. Harbert, Chairman Board of County Commissioners October 13, 1993 Date COLORADO John S. Pickle, Director, Weld County Health Dept. From Contract Extension for Air Quality Program Subject: The attached contract extension is for provision of our Air Quality Program. Previously, this contract was negotiated yearly effective July 1, the state's fiscal year. Due to Amendment I, a question arose as to whether or not the State could enter into a contract which involved two calendar years. As a consequence, the contract has been broken down into four quarterly contracts. One of which you have here. The State now is of the opinion that they can enter into a contract with us, using our fiscal year, January 1, - December 31, as the term of the contract. This will go into effect January 1, 1994 and will negate the need for quarterly contracts. The attached contract covers all elements of our Air Quality Program from investigation of major and minor sources, asbestos inspections, complaints including odors, to certification of auto mechanics involved in emission testing. This quarter an additional $5,196.32 has been included for inspection of Chlorinated Fluorocarbon (CFC) sources such as, auto air conditioning maintenance and appliance repair shops. We feel this program has been of benefit to the community and wish to continue this activity. We would recommend and appreciate your approval. If you have any questions, please feel free to contact me. 931072 Hello