HomeMy WebLinkAbout921055.tiff RESOLUTION
RE: APPROVE AMENDMENT #1 TO THE AIR QUALITY CONTROL CONTRACT BETWEEN THE
HEALTH DEPARTMENT AND THE COLORADO DEPARTMENT OF HEALTH 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 1!1 to the Air Quality
Control Contract between the Weld County Health Department and the Colorado
Department of Health, to be effective September 1, 1992, with the further terms
and conditions being as stated in said contract, 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 Amendment #1 to the Air Quality Control Contract between
the Weld County Health Department and the Colorado Department of Health 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 2nd day of November, A.D. , 1992, nunc pro
tunc September 1, 1992.
l, i) BOARD OF COUNTY COMMISSIONERS
ATTEST: /'d �1/ifr/`!' „ _ WELD CO TY, COLORADO
Weld County Clerk to the Board ��
eooge Ken edy, Chairman
BY: v tt
Deputy Cle o the Board Constance L. Harbert, Pro-Tem
APPROVED AS FORM:
ci C. W. Kir
County Attorney Gor c
W. H. We ster
921055
DEPARTMENT OR AGENCY NUMBER
260000
CONTRACT ROUTING NUMBER
AMENDMENT #1
CONTRACT
THIS CONTRACT, made this 1st day of September, 1992 , by and
between the State of Colorado for the use and benefit of the
Department of Health, 4210 East 11th Avenue, Denver, Colorado
80220, hereinafter referred to as the State, and the 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 remains available in Fund Number
100, APPR code 105, Contract Encumbrance Number FAA AIR920824 ;
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 AIR920824 by ONE THOUSAND FIVE
HUNDRED DOLLARS ($1, 500) to a new total of TWENTY SIX THOUSAND
SEVEN HUNDRED FORTY FOUR DOLLARS ($26,744) to provide for
additional compliance monitoring at Platte Chemical.
NOW THEREFORE, it is agreed that for and in consideration of
their mutual promises to each other, hereinafter stated, the
parties hereto agree as follows:
1. Consideration of 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 AIR920824 dated December
31, 1991, hereinafter referred to as the original Contract, which
Page 1 of 6 pages
921055
is by this reference made a part hereof, and 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 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 eliminating and striking out from the original
Contract, Page 9, Paragraph VIII.A. , the figure $25,244 . 00 and
substituting the figure $26, 744.00.
b) By adding to the original contract, page 9,
Paragraph VIII.A. to read as follows:
"A payment of $1, 500.00 shall be made to the
Contractor for four additional compliance monitoring visits at
Platte Chemical in accordance with the provisions outlined in
Section III.A. of this Contract. Request for payment shall include
dates, amounts and an itemized description of the expenditure
necessary to complete the project. The State shall review and
determine the appropriateness of the expenditure. "
4 . The effective date of this amendment is September 1,
1992.
5 . In the event of any conflict, inconsistency, or
incongruity between the provisions of this amendment and any of the
provisions of the original contract, the provisions of this
amendment shall in all respects govern and control.
6. These additional funds are awarded for local agencies to
conduct special projects relative to air pollution control
measures.
Page 2 of 6 pages
921055
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
keen in force worker's compensation (and show proof of such insurance) and unemployment
compensation insurance in the amounts required by law. Contractor will be solely
responsible for its acts and the acts of its agents, employees, servants and
subcontractors during the performance of this contract.
2. Contractor authorizes Health, or its agents, to perform audits and to make
inspections for the purpose of evaluating performance under this contract.
3. Either party shall have the right to terminate this agreement by giving the other
party thirty days notice by registered mail, return receipt requested. If notice is so
given, this agreement shall terminate on the expiration of the thirty days, and the
liability of the parties hereunder for the further performance of the terms of this
agreement shall thereupon cease, but the parties shall not be relieved of the duty to
perform their obligations up to the date of termination.
4. This agreement is intended as the complete integration of all understandings
between the parties. No prior or contemporaneous addition, deletion, or other amendment
hereto shall have any force or effect whatsoever, unless embodied herein in writing. No
subsequent novation, renewal, addition, deletion, or other amendment hereto shall have
any force or effect unless embodied in a written contract executed and approved pursuant
to the State Fiscal Rules.
5. If this contract involves the expenditure of federal funds, this contract is
contingent upon continued availability of federal funds for payment pursuant to the
terms of this agreement. Contractor also agrees to fulfill the requirements of:
a) Office of Management and Budget Circulars A-87, A-21 or A-122, and A-102 or
A-110, whichever is applicable;
b) the Hatch Act (5 USC 1501-1508) and Public Law 95-454 Section 4728. These
statutes state that federal funds cannot be used for partisan political purposes of any
kind by any person or organization involved in the administration of federally-assisted
programs;
c) the Davis-Bacon Act (40 Stat. 1494, Mar. 3, 1921, Chap. 411, 40 USC
276A-276A-S) . 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 3 of 6 Pages
Rev. 06/01/92
921055
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; 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 not
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 4 of 6 Pages
Rev. 06/01/92 921055
•Pam 4-AC-02B
SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
I. This contract shall not be deemed valid until it shall have been epproved by the Controller of the State of Coloredoorsuch assistant as he may designate.This
provision is applicable to any contract involving the payment of money by the State.
FUND AVAILABILITY
2. Financial obligations of the State payable alter the current fiscal year are contingent upon fluids for that purpose being appropriated,budgeted and otherwise
made available.
BOND REQUIREMENT
3. If this contract involves the payment ofmore than fifty thousand dollars for the canseuction,erection,repair,maintenance.or improvement of any building.
road,bridge,viaduct,tunnel,excavation or other public works for this State,the cantraaorshall,before entering the performance of any such work included in this
contract,duly execute and deliver to and file with the official whose signature appears below for the State.a flood and sufficient band or other acceptable surety to be
approved by said official in a penal sum not less than one-half of the total amount payable by the terms of this contract.Such bond shall be duly executed by a
qualified corporate surety,conditioned for the due and faithful performance Mike 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,provendoror other supplies used or consumed by such contractor or his subcontractor in
performance of the work contracted to be done,the surety will pay the same in an amount not exceeding the sum specified in the bond,together with interest at the
rate of eight per cent per annum.Unless such bond,when so required,is executed.delivered and filed,no claim in favor of the contractor arising under this contract
shall be audited-allowed or mid.A certified orcashier's check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a
bond.This provision is in compliance with 38-26-106 CRS.as amended.
INDEMNIFICATION
4. To the extent authorized by law,the contractor shall indemnify,save and hold harmless the State,its employees and agents,against any and all claims.
damages,liability and court awards including costs,expenses,and attorney fees incurred as a result of any act or omission by the contractor,or its employees,
agents,subcontractors,or assignees pursuant to the terms of this contract.
DISCRIMINATION AND AFFIRMATIVE ACTION
5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957,as amended,and other applicable law respecting
discrimination and unfair employment practices(24-34-402.CRS 1982 Replacement Vol.),and as required by Executive Order,Equal Opportunity and Affirma-
tive Action,dated April 16. 1975.Pursuant thereto. the following provisions shall be contained in all State contracts or sub-contracts.
During the performance of this contract,the contractor agrees as follows:
(I) The contractor will not discriminate against any employee or applicant for employment because of race,creed,color,national origin,sex,marital status.
religion,ancestry,mental or physical handicap,or age.The contractor will take affirmative action to insure that applicants are employed,and that employees are
treated during employment,without regard to the above mentioned characteristics.Such action shall include,but not be limited to the following:employment,
upgrading,demotion,or transfer,recruitment or recruitment advertising;layoffs or terminations;rates of pay or other forms of compensation:and selection for
training,including apprenticeship.The contractor agrees to post in conspicuous places,available to employees and applicants for employment,notices to be pro-
vided by the contracting officer setting forth provisions of this non-discrimination clause.
(2) The contractor will.in all solicitations oradvenisements for employees placed by or on behalf of the contractor,state that all qualified applicants will receive
consideration for employment without regard to race.creed,color,national origin,sex,marital status,religion, ancestry,mental or physical handicap,or
age.
(3) The contractor will send to each labor union or representative of workers with which he has collective bargaining agreement or other contractor understand-
ing,notice to be provided by the contracting oficer,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 Orden of the Governor.
(4) The contractor and labor unions willfumish all information and moons required by Executive Order.Equal Opportunity and Affirmative Action of April 16,
1975.and by the rules,regulations and Orders of the Governor,or pursuant thereto,and will permit access to his books,records,and accounts by the contracting
agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules,regulations and orders.
(5) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization,or expel any such individual
from membership in such labor organization or discriminate against any of its members in the hill enjoyment of work opportunity,because of race,creed.color.
sex,national origin,or ancestry.
(6) A labor organization,or the employees or members thereof will not aid,abet,incite,compel or coerce the doing of any act defined in this contract to be dis-
criminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder,or attempt either directly or
indirectly,to commit any act defined in this contract to be discriminatory.
395.53-01.1022
Revised I/88 page S of 6 pages D.-10 2306•48
921055
•
Form 6-AC-02C
•
(7) lathe event dthe eoou'aaor's non-co111plance with the non-disanninatioe clauses dthia contractor or with any ofsuch rules,to contract may be cancelled,terminated or impended in whole or inregulations,contracts
in orders.nce
with procedures.authorized to Executive Order,Equal and contractor may p declared ineligible the for rules,regulations.
State or orde accordance
such aOppornp ise an dremedi se Action dAprie 16.1973 and the Ordr. q al Opportunity p rt promulgated
la aecoedarrce therewith,and
1 16, t9a��N�as may be imposed and remedies as may be invoked as provided in Executive Order.Equal and
Affirmative Anion of by rules,regulation,or orders promulgated in accordance therewith,or as otherwise provided by law.
(I) The contractor ell include the provisions ofpregraph(I)through(8)in every subcontract and subwevanar purchase order unless exempted by rules,
tegulations,or r each subcont issued pursuant to ractor iss or vendor.The
take
Equal action Viand Affirmative Action of April 16,1975,so that such provisions will be binding
respect to any subcontracting or purchase order as the
direct.m a meam of enforcing such provisions,including neon=forcontractor ac eeco es involved may •
in,or is threatened with, sren'eo s such
:direction by however.that in the event the=tractor
a request
st State
litigation with the to protect
subcontractor r Oen vendor the■result of Co ado. by the contracting ageneY,the eatovaetor may the
of Colorado to enter into such litigation the meta of State of Colorado.
COLORADO LABOR PREFERENCE
6a. Provision of 8-17-101 t 102.CRS for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereun-
der and are financed in whole or in pan by State hands.
b. When construction contract for a public project is m be awarded to a bidder,a resident bidder shall be allowed a preference against a non-resident bidder
fronton=or foreign country equal to the preference given or required by the state or foreign country in which the non-resident bidder is a resident.If it is deter-
mined by the officer responaible for awarding the bid that compliance with this subsection.06 may cause denial offederal funds which would otherwise be avail-
able or thse orw or to iminxu the would
otherwise inconsistent with requirements of federal law,this subsection shall be suspended.but only to the extent necessary to prevent denial of
inconsistency with federal requirements(section 8-19-101 and 102, CRS).
GENERAL
7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation,execution and enforcement of this
contract.Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extra-judicial body or person or
which is otherwise in conflict with said laws,rules and regulations shall be considered null and void Nothing contained in any provision incorporated herein by
reference which purports to negate this or any other special provision in whole or is part shall be valid or enforceable or available in any action•at law whether by
way of complaint.defense or otherwise.Any provision rendered Dull and void by the operation of this provision will not invalidate the remainder of this contract to
the extent that the contract is capable of execution.
8. At all times during the performance of this Contract,the Contractor shall strictly adhere to all applicable federal and state laws,rules and regulations that
have been or may hereafter be established.
9. The signatories hereto aver that they are familiar with 18-8-301,et.seq.,(Bribery and Corrupt Influences)and 184-401,et.seq.,(Abuse of Public Office).
CRS 1978 Replacement Vol., and that no violation of such provisions is present.
10.
described
eherein:inotories aver that to their knowledge, no state employee has a personal or beneficial interest whatsoever in the service• or property
IN WITNESS WHEREOF,the parties hereto have executed this Contract on the day first above written.
Contractor. • •
(Full Legal Name) WELD COUNTY HEALTH DEPT.
STATE OF COLORADO
8460008138 ROY ROMER, GOVERNOR
1/04/92 By �� < //L�c1 for
•s E%ECIIFNE IRECTOR
Position (Tide) Chairman, Weld County Board
of Commissioners
Social Security Number or Federal ID.Number DEPARTMENT
(IfCoeporatiot:) OF HEALTH
� f
Attest(Seal)
r !i .
„rt REIN HEALTH DEPARTMENT
By
71
ctegxne xaateraxeearratae.rr.rcrw to Board 112: ((G/�� iti'LA
Randolph Gordon, K.D., M.PX15194 "Olt'
.H.
ATTORNEY eoz
By "�E•' ° `fA0NI'ROLLER
e
"��� ' '*• . . w' r .RN
Al LE . SERVICES
PROGRAM APPROVAL:
»s.rtot.rom dined Inn Fop 6 ere`e n°e tar.r 6 pans
'lie YIYLee*$as,wens e,ee. DC.Ininee4tt
921055
lo 'tef, mEmoRAnDum
IGeorge Kennedy, Chairman
7u Board of County Commissioners OsteOctober 26, 1992
COLORADO From Jeannie K. Tacker, Business Manager, Weld County Health Dept 10\P/di
subject: Air Quality Control Contract Amendment #1
Enclosed for Board Approval is a contract amendment between the Weld County
Health Department and the Colorado Department of Health.
The amendment increased the original contract reimbursement by $1,500 to a
revised total contract amount of $26,744. The additional funding will cover the
costs of additional compliance monitoring at Platte Chemical.
All other terms of the original contract remain the same.
If you have any questions, please feel free to contact me.
921055
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