HomeMy WebLinkAbout981342.tiff RESOLUTION
RE: APPROVE CONTRACT FOR BIOSOLIDS APPLICATION SITE INSPECTION
PROGRAM AND AUTHORIZE CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Contract for the Biosolids Application
Site Inspection Program between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, on behalf of the Health Department, and the
Colorado Department of Public Health and Environment, commencing August 1, 1998, and
ending September 30, 1999, with further terms and conditions being as stated in said contract,
and
WHEREAS, after review, the Board deems it advisable to approve said contract, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Contract for the Biosolids Application Site Inspection Program
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Health Department, and the Colorado
Department of Public Health and Environment be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair 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 5th day of August, A.D., 1998, nunc pro tunc August 1, 1998.
BOARD OF COUNTY COMMISSIONERS
WEyy COUNTY, COLORADO
ATTEST:
Connt nce L. Harpert, Chair
Weld Count , ler M Mao / 1)
y,tt .t2 427
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W. H. W bster, Pro-Temt.
BY. G^)— �.A a�ii.Svys�� fl
Deputy
e . Baxter
AP AS FORM:
Dale K. Hall
L
ey / : 4.1/21.U4
, arbara J. Kirkmeyer
981342
HL0024
MEMORANDUM
I TO: Constance Harbert, DATE: July 24, 1998
t 0 Chair, BOCC
O FROM: John S. Pickle, MSEH, Director
COLORADO SUBJECT: Contract for Biosolids Application Inspections
I attached a contract with the Colorado Department of Public.Health and Environment. The contract is for
services that the Environmental Protection Services Division would provide by conducting inspections of
Domestic Sewage Sludge Land Application Sites that are permitted by the Water Quality Control
Division. The contract would provide$250 per inspection for a total of$5,000. This contract would
not require Weld County to add FTEs since Division staff already inspects most of these sites
through the county's local land application ordinances. If you have any questions regarding this
matter, please call Jeff Stoll at Extension 2229.
11
The mission of the Weld County Health Department is to preserve,promote and protect a healthy life and safe environment
for the residents of Weld County.
Constance Harbert,Chair,BOCC 981342
K\ENVPRO\WPFILES\JEFF\BIOMEMO WPD
July 24,1998
Page I
DEPARTMENT OR AGENCY NAME
COLORADO DEPARTMENT OF
PUBLIC HEALTH AND ENVIRONMENT
DEPARTMENT OR AGENCY NUMBER
FAA
CONTRACT ROUTING NUMBER
99-00267
CONTRACT
This CONTRACT is made this 1st day of August, 1998, by and between: the State of Colorado, for the
use and benefit of the DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, whose
address or principal place of business is 4300 Cherry Creek Drive South,Denver, Colorado 80246,
hereinafter referred to as "the State"; and,the WELD COUNTY HEALTH DEPARTMENT, whose
address or principal place of business is 1517 16th Avenue Court,Greeley,Colorado 80601-4539,
hereinafter referred to as "the Contractor".
WHEREAS, as to the State, authority exists in the Law and Funds have been budgeted, appropriated, and
otherwise made available and a sufficient uncommitted balance thereof remains available for subsequent
encumbering and payment in Fund Number 100 and Appropriation Code 221 under Contract
Encumbrance Number WOC9900267;
WHEREAS, the State has been awarded a grant under Section 104(6)(3) of the Federal Clean Water Act
to develop a pilot scale intergovernmental biosolids application site inspection program;
WHEREAS, the pilot intergovernmental biosolids inspection project is a high priority for the State's
Biosolids Management Program;
WHEREAS, the Contractor has proposed a project which has been approved by the State and the United
States Environmental Protection Agency(USEPA);
WHEREAS, as of the effective date of this Contract,the State has a currently valid Group II purchasing
delegation agreement with the Division of Purchasing within the Colorado Department of Personnel;
WHEREAS, this procurement is exempt from the Colorado Procurement Code and Rules because the
Contractor is a governmental entity; and, WHEREAS, all required approvals, clearances, and coordination
have been accomplished from and with appropriate agencies.
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NOW THEREFORE, in consideration of their mutual promises to each other, stated below,the parties
hereto agree as follows:
A. EFFECTIVE DATE AND TERM. The effective date of this Contract is August 1. 1998, or on
such other date as the State Controller approves this Contract, whichever is later. The initial term
of this Contract shall commence on August 1, 1998, and continue through and including
September 30. 1999.
B. DUTIES AND OBLIGATIONS OF THE CONTRACTOR.
1. Scope of Services. The Contractor shall do, perform, and carry out, in a satisfactory and
proper manner, as determined by the State. all work elements as indicated in the"Project
Description", in accordance with the time frames stated in the "Schedule of Outputs", both
contained in "Attachment A", which is incorporated herein by reference, made a part
hereof, and attached hereto.
2. Responsible Project Director: The performance of the services required hereunder shall
be under the direct supervision of Jeff Stoll, who is hereby designated as the Contractor's
Project Director for this project. At any time during the term of this Contract that the
Project Director is not assigned to this project,the Contractor shall immediately notify the
State and work shall be suspended on the project until the Contractor assigns a new
Project Director acceptable to the State.
3. Refer to Federal and State Regulations. At all times during the term of this Contract,the
Contractor shall refer to all applicable Federal and State laws and regulations that have
been or may hereafter be established. The Contractor agrees that it and all subcontractors
shall specifically refer to: a. State of Colorado, Biosolids Regulation #64 (5 C.C.R. 1002-
64); and, b. 40 C.F.R., Part 503.
4. Performance Monitoring. During the term of this Contract,the Contractor shall submit to
the State a status report and twenty(20) inspection reports,which detail all activities
conducted by the Contractor under this Contract. The status report shall be due no later
than December 31, 1998. The inspection reports shall be due on the following date:
December 31, 1998. The Contractor shall also submit a completed Standard Form (SF
334)to the Municipal Facilities Management Branch of the USEPA, Region VIII, within
thirty(30)calendar days after the end of each quarter if any subcontracts have been
awarded by the Contractor to a minority or women's business enterprise(MBE/WBE)
during that quarter.
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5. Licenses and Permits. Prior to commencing work under this Contract, the Contractor shall
secure all certificates, licenses, permits, or other agreements which are necessary or
required to undertake and complete the project described by this Contract.
6. Public Information. When issuing any statement, press release, request for proposals,
invitation for bids, or other documents which describe any activities funded by this
Contract, the Contractor shall clearly state the percentage of the total cost of the project
defined in this Contract which is financed with Federal Funds.
7. Disadvantaged Business Enterprise. The Contractor shall comply with Public Law 101-
507, "Disadvantaged Business Enterprise Program". This Public Law incorporates a
"Fair Share" policy which provides that recipients of Federal funds establish a minimum
eight percent(8%) fair share objective for disadvantaged business utilization by
contractors and subcontractors for supplies, construction, equipment, or services. The
Contractor shall demonstrate that, prior to the award of subcontracts for project work
under this Contract,the Contractor has taken affirmative steps(e.g.: such as placing
Disadvantaged Business Enterprises(DBE's) on solicitation lists whenever they are
potential sources; dividing total requirements when economically feasible into small tasks
or quantities to permit maximum participation; and/or, using the services of the Small
Business Administration and the Minority Business Development Agency of the United
States Department of Commerce as appropriate)to make subawards to Disadvantaged
Business Enterprises. Efforts to utilize DBEs shall be reported on Standard Form SF 334
as specified in Paragraph B. 4. of this Contract.
C. DUTIES AND OBLIGATIONS OF THE STATE.
1. Compensation. In consideration for the Contractor's timely and satisfactory performance
under this Contract, the State agrees to pay the Contractor all eligible project costs for
each item in listed in "Attachment A","Project Costs",which is incorporated herein by
this reference, made a part hereof, and attached hereto.
The total financial obligation of the State to the Contractor under this Contract shall not
exceed FIVE THOUSAND DOLLARS, $5,000.00. Of the total financial obligation of
the State to the Contractor under this Contract, $5.000.00, are derived from a funding
source of the Federal government; and, $0.00, are derived from a funding source of the
State of Colorado.
2. Method of Payment. The State shall make reimbursements to the Contractor upon receipt
and approval of appropriate invoices from.the Contractor. Five percent(5%) of the total
Contract amount shall be held for final payment. A final project performance report
summarizing all activities and project costs shall accompany the request for final payment.
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Progress payments shall not be made unless project inspection reports are up to date, as
specified in Part B. 4. of this Contract and in Attachment A- "Schedule of Outputs",
which is incorporated herein by reference, made a part hereof, and attached hereto.
3. Change Order Letter Process. The State may prospectively increase or decrease the
amount payable under this Contract through a"Change Order Letter", a sample of which
is incorporated herein by this reference, made a part hereof, and attached hereto as
"Attachment B". To be effective, the Change Order Letter must be: signed by the State
and the Contractor; and, approved by the State Controller or an authorized designee
thereof. Additionally, the Change Order Letter shall include the following information:
A. Identification of this Contract by its contract number and affected paragraph
number(s);
B. The type(s)of service(s)or program(s) increased or decreased and the new level
of each service or program;
C. The amount of the increase or decrease in the level of funding for each service or
program and the new total financial obligation;
D. The intended effective date of the funding change; and,
E. A provision stating that the Change Order Letter shall not be valid until approved
by the State Controller or such assistant as he may designate.
Upon proper execution and approval,the Change Order Letter shall become an
amendment to this Contract. Except for the General and Special Provisions of this
Contract,the Change Order Letter shall supersede this Contract in the event of a conflict
between the two. It is expressly understood and agreed to by the parties that the change
order letter process may be used only for increased or decreased levels of funding,
corresponding adjustments to-service or program levels, and any related budget line items.
Any other changes to this Contract, other than those authorized by the contract renewal
letter process described below, shall be made by a formal amendment to this Contract
executed in accordance with the Fiscal Rules of the State of Colorado.
If the Contractor agrees to and accepts the proposed change,then the Contractor shall
execute and return the Change Order Letter to the State by the date indicated in the
Change Order Letter. If the Contractor does not agree to and accept the proposed change,
or fails to timely return the partially executed Change Order Letter by the date indicated in
the Change Order Letter, then the State may, upon written notice to the Contractor,
terminate this Contract twenty(20) calendar days after the return date indicated in the
Change Order Letter has passed. Such written notice shall specify the effective date of
termination of this Contract. In the event of termination under this clause, the parties shall
not be relieved of their respective duties and obligations under this Contract until the
effective date of termination has occurred.
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Increases or decreases in the level of contractual funding made through this change order
letter process during the initial or renewal terms of this Contract may be made under the
following circumstances:
A. If necessary to fully utilize appropriations of the appropriated federal grant
awards;
B. Adjustments to reflect current year expenditures;
C. Supplemental appropriations, or non-appropriated federal funding changes
resulting in an increase or decrease in the amounts originally budgeted and
available for the purposes of this Contract;
D. Closure of programs and/or termination of related contracts;
E. Delay or difficulty in implementing new programs or services; and,
F. Other special circumstances as deemed appropriate by the State.
4. Renewal Letter Process. The State may renew this Contract through a"Contract Renewal
Letter", a sample of which is incorporated herein by this reference, made a part hereof,
and attached hereto as"Attachment C". To be effective,the Contract Renewal Letter
must be: signed by the State and the Contractor; and, approved by the State Controller or
an authorized designee thereof. Additionally,the Contract Renewal Letter shall include
the following information:
A. Identification of this Contract by its contract number and affected paragraph
number(s);
B. The type(s)of service(s) or program(s), if any, increased or decreased and the new
level of each service or program for the renewal term;
C. The amount of the increase or decrease, if any, in the level of funding for each
service or program and the new total financial obligation;
D. The intended effective date of the renewal; and,
E. A provision stating that the Contract Renewal Letter shall not be valid until
approved by the State Controller or such assistant as he may designate.
Upon proper execution and approval, the Contract Renewal Letter shall become an
amendment to this Contract. Except for the General and Special Provisions of this
Contract,the Contract Renewal Letter shall supersede this Contract in the event of a
conflict between the two. It is expressly understood and agreed to by the parties that the
contract renewal letter process may be used only to: renew this Contract; increase or
decrease levels of funding related to that renewal; make corresponding adjustments to
service or program levels, and, adjust any related budget line items. Any other changes to
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this Contract, other than those authorized by the change order letter process described
above, shall be made by a formal amendment to this Contract executed in accordance with
the Fiscal Rules of the State of Colorado.
If the Contractor agrees to and accepts the proposed renewal term,then the Contractor
shall execute and return the Contract Renewal Letter to the State by the date indicated in
the Contract Renewal Letter. If the Contractor does not agree to and accept the proposed
renewal term, or fails to timely return the partially executed Contract Renewal Letter by
the date indicated in the Contract Renewal Letter, then the State may, upon written notice
to the Contractor, terminate this Contract twenty(20) calendar days after the return date
indicated in the Contract Renewal Letter has passed. Such written notice shall specify the
effective date of termination of this Contract. In the event of termination under this
clause,the parties shall not be relieved of their respective duties and obligations under this
Contract until the effective date of termination has occurred.
D. GENERAL PROVISIONS
1. The parties warrant that each possesses actual, legal authority to enter into this Contract.
The parties further warrant that each has taken all actions required by its applicable law,
procedures, rules, or by-laws to exercise that authority, and to lawfully authorize its
undersigned signatory to execute this Contract and bind that party to its terms. The person
or persons signing this Contract, or any attachments or amendments hereto, also warrant(s)
that such person(s)possesses actual, legal authority to execute this Contract, and any
attachments or amendments hereto, on behalf of that party.
2. THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN
INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE OF THE
STATE. 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.
THE CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED
EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY
MONIES PAID PURSUANT TO THIS CONTRACT. THE CONTRACTOR
ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES ARE
NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS
THE CONTRACTOR OR A THIRD PARTY PROVIDES SUCH COVERAGE
AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE
SUCH COVERAGE. THE CONTRACTOR SHALL HAVE NO
AUTHORIZATION.EXPRESS OR IMPLIED.TO BIND THE STATE TO ANY
AGREEMENTS,LIABILITY.OR UNDERSTANDING EXCEPT AS EXPRESSLY
SET FORTH HEREIN. THE CONTRACTOR SHALL PROVIDE AND KEEP IN
FORCE WORKERS' COMPENSATION (AND SHOW PROOF OF SUCH
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INSURANCE) AND UNEMPLOYMENT COMPENSATION INSURANCE IN
AMOUNTS REOUIRED BY LAW.AND SHALL BE SOLELY RESPONSIBLE
FOR THE ACTS OF THE CONTRACTOR,ITS EMPLOYEES AND AGENTS.
3. If this Contract is in the nature of personal/purchased services, then the State reserves the
right to inspect services provided under this Contract at all reasonable times and places
during the term of this Contract. "Services", as used in this clause, includes services
performed or written work performed in the performance of services. If any of the
services do not conform with the terms of this Contract, then the State may require the
Contractor to perform the services again in conformity with the terms of this Contract,
with no additional compensation to the Contractor for the reperformed services. When
defects in the quality or quantity of the services cannot be corrected by reperformance,
then the State may: require the Contractor to take all necessary action(s)to ensure that the
future performance conforms to the terms of the Contract; and, equitably reduce the
payments due to the Contractor under this Contract to reflect the reduced value of the
services performed by the Contractor. These remedies in no way limit the other remedies
available to the State as set forth in this Contract.
4. If,through any cause attributable to the Contractor's action(s)or inaction(s), the
Contractor: fails to fulfill, in a timely and proper manner, its duties and obligations under
this Contract; or, violates any of the agreements, covenants, provisions, stipulations, or
terms of this Contract, then the State shall thereupon have the right to terminate this
Contract for cause by giving written notice thereof to the Contractor. Such written notice
shall be given at least ten(10)calendar days before the proposed termination date and
shall afford the Contractor the opportunity to cure the default or state why termination is
otherwise inappropriate. If this Contract is terminated for default,then all finished or
unfinished data, documents, drawings, evaluations, hardware, maps, models, negatives,
photographs, reports, software, studies, surveys, or any other material, medium or
information, however constituted,which has been or is to be produced or prepared by the
Contractor under this Contract shall, at the option of the State, become the property of the
State. The Contractor shall be entitled to receive just and equitable compensation for any
services or supplies delivered to, and accepted by,the State. If applicable, the Contractor
shall return any unearned advance payment it received under this Contract to the State.
Notwithstanding the above,the Contractor is not relieved of liability to the State for any
damages sustained by the State because of the Contractor's breach of this Contract. The
State may withhold any payment due to the Contractor under this Contract to mitigate the
State's damages until such time as the exact amount of the State's damages from the
Contractor's breach of this Contract is determined. If, after terminating this Contract for
default, it is determined for any reason that the Contractor was not in default, or that the
Contractor's action or inaction was excusable,then such termination shall be treated as a
termination for convenience, and the rights and obligations of the parties shall be the same
as if this Contract had been terminated for convenience, as described herein.
5. The State may,when the interests of the State so require, terminate this Contract in whole
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or in part, for the convenience of the State. The State shall give written notice of such
termination to the other party specifying the part(s)of the Contract terminated. Such
written notice shall be given to the other party at least thirty (30) calendar days before the
effective date of termination. If this Contract is terminated for convenience, then all
finished or unfinished data, documents, drawings, evaluations, hardware, maps, models,
negatives, photographs, reports, software, studies, surveys, or any other material, medium
or information, however constituted, which has been or is to be produced or prepared by
the Contractor under this Contract shall, at the option of the State, become the property of
the State. The Contractor shall be entitled to receive just and equitable compensation for
any services or supplies delivered to, and accepted by,the State. If applicable, the
Contractor shall return any unearned advance payment it received under this Contract to
the State. This paragraph in no way implies that a party has breached this Contract by the
exercise of this paragraph. If this Contract is terminated by the State as provided for
herein,then the Contractor shall be paid an amount equal to the percentage of services
actually performed for, or goods actually delivered to,the State, less any payments already
made by the State to the Contractor for those services or goods. However, if less than
sixty percent(60%) of the services or goods covered by this Contract have been performed
or delivered as of the effective date of termination, then the Contractor shall also be
reimbursed(in addition to the above payment) for that portion of those actual "out-of-
pocket" expenses (not otherwise reimbursed under this Contract) incurred by the
Contractor during the term of this Contract which are directly attributable to the
uncompleted portion of the services, or the undelivered portion of the goods, covered by
this Contract. In no event shall reimbursement under this clause exceed the total financial
obligation of the State to the Contractor under this Contract. If this Contract is terminated
for default because of the Contractor's breach of this Contract, then the provisions of
paragraph 4 above shall apply.
6. The Contractor shall comply with the requirements of the following:
A. Office of Management and Budget Circulars A-87, A-21, or A-122, and A-102 or
A-110, as applicable;
B. the"Hatch Act"(5 U.S.C. 1501-1508) and Public Law 95-454, Section 4728.
These federal statutes declare 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 U.S.C.
276A-276A-5). This Act requires that all laborers 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 U.S.C. 6101 et seq,42 U.S.C. 2000d, 29 U.S.C. 794. These Acts mandate that
no person shall, on the grounds of race, color, national origin, age, or handicap, be
excluded from participation in or he subjected to discrimination in any program or
activity funded, in whole or in part, by federal funds;
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E. the"Americans with Disabilities Act"(Public Law 101-336; 42 U.S.C. 12101,
12102, 12111 - 12117, 12131 - 12134, 12141 - 12150, 12161 - 12165, 12181 -
12189, 12201 - 12213 and 47 U.S.C. 225 and 47 U.S.C. 611);
F. if the Contractor is acquiring an interest in real property and displacing
households or businesses in the performance of this Contract, then 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); and,
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).
7. By signing and submitting this Contract, the Contractor affirmatively avers 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 U.S.C. 701 et seq.);
and,
B. The Contractor hereby certifies that it is not presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from covered
transactions by any federal department or agency. The Contractor agrees to
comply with all applicable regulations pursuant to Executive Order 12549,
including, Debarment and Suspension and Participants' Responsibilities, 29
C.F.R. 98.510(1990).
C. The Contractor agrees to comply with all applicable regulations pursuant to
Section 319 of Public Law 101-121, Guidance for New Restrictions on Lobbying,
including, Certification and Disclosure, 29 C.F.R. 93.110 (1990).
8. If this Contract involves the expenditure of federal or state funds,then this Contract is
subject to, and contingent upon,the continued availability of those funds for payment
pursuant to the terms of this Contract. If those funds, or any part thereof, become
unavailable as determined by the State, then the State may immediately terminate this
Contract.
9. To be considered for payment, billings for payments pursuant to this Contract must be
received within a reasonable time after the period for which payment is requested; but in
no event no later than ninety(90)calendar days after the relevant performance period has
passed. Final billings under this Contract must be received by the State within a
reasonable time after the expiration or termination of this Contract; but in no event no later
than ninety(90)calendar days from the effective expiration or termination date of this
Contract.
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10. Unless otherwise provided for in this Contract, "Local Match" shall be included on all
billing statements, in the column provided therefor, as required by the funding source.
11. The Contractor shall not use federal funds to satisfy federal cost sharing and matching
requirements unless approved in writing by the appropriate federal agency.
12. In accordance with Office of Management and Budget(OMB)Circular A-133 (Audits of
States, Local Governments, and Non-Profit Organizations), if the Contractor receives
federal funds from any source, including State pass through money, in an aggregate
amount in excess of $300,000.00 (June 24, 1997), in a State fiscal year(July 1 through
June 30), then the Contractor shall have an annual audit performed by an independent
certified public accountant which meets the requirements of OMB Circular A-133. If the
Contractor is required to submit an annual indirect cost proposal to the State for review
and approval, then the Contractor's auditor shall audit the proposal in accordance with the
requirements of OMB Circulars A-21 (Cost Principles for Educational Institutions),A-87
(Cost Principles for State, Local and Tribal Governments), or A-122 (Cost Principles for
Non-Profit Organizations),whichever is applicable. The Contractor shall furnish one (1)
copy of the audit report(s)to the State's Accounting Office within thirty(30)calendar
days of issuance; but in no event later than nine(9) months after the end of the
Contractor's fiscal year. If(an) instance(s)of noncompliance with federal laws and
regulations occurs,then the Contractor shall take all appropriate corrective action(s)
within six(6) months of the issuance of(a) report(s). The Contractor shall grant the State,
or its authorized agents, access to the Contractor's relevant records and financial
statements. The Contractor shall retain all such records and financial statements for a
period of three (3)years after the date of issuance of a final audit report. This requirement
is in addition to any other audit requirements contained in other paragraphs of this
Contract.
13. Unless otherwise provided for in this Contract, for all contracts with terms longer than
three (3)months,the Contractor shall submit a written progress report, if required by this
Contract, specifying the progress made for each activity identified in this Contract. These
progress reports shall be in accordance with the procedures developed and prescribed by
the State. The preparation of progress reports in a timely manner is the responsibility of
the Contractor. If the Contractor fails to comply with this provision,then such failure:
may result in a delay of payment of funds; or,termination of this Contract. Progress
reports shall be submitted to the State no later than the end of each calendar quarter, or at
such other time as may otherwise be specified.
14. The Contractor shall maintain a complete file of all records, documents, communications,
and other materials which pertain to this Contract. Such materials shall be sufficient to
properly reflect all direct and indirect costs of labor,materials, equipment, supplies, and
services, and other costs of whatever nature for which a contract payment was made.
These records shall be maintained according to generally accepted accounting principles
and shall be easily separable from other records of the Contractor. Copies of all such
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records, documents, communications, and other materials shall be the property of the State
and shall be maintained by the Contractor, in a central location as custodian for the State,
on behalf of the State, for a period of three (3)years from the date of final payment under
this Contract, or for such further period as may be necessary to resolve any pending
matters, including,but not limited to, audits performed by the federal government.
15. The Contractor authorizes the State, or its authorized agents or designees, to perform
audits or make inspections of its records for the purpose of evaluating its performance
under this Contract at any reasonable time during the term of this Contract and for a
period of three(3)years following the termination of this Contract. As such, the
Contractor shall permit the State, any appropriate federal agency or agencies, or any other
duly authorized governmental agent or agency, to monitor all activities conducted by the
Contractor pursuant to the terms of this Contract. Such monitoring may include, but is not
limited to: internal evaluation procedures, examination of program data, special analyses,
on-site checks, formal audit examinations, or any other reasonable procedures. All
monitoring shall be performed by the State in such a manner that it shall not unduly
interfere with the work of the Contractor.
16. If the Contractor obtains access to any records,files, or information of the State in
connection with, or during the performance of,this Contract,then the Contractor shall
keep all such records, files, or information confidential and shall comply with all laws and
regulations concerning the confidentiality of all such records, files, or information to the
same extent as such laws and regulations apply to the State. Any breach of confidentiality
by the Contractor or third party agents of the Contractor shall constitute good cause for the
State to cancel this Contract,without liability to the State. Any State waiver of an alleged
breach of confidentiality by the Contractor, or third party agents of the Contractor, does
not constitute a waiver of any subsequent breach by the Contractor, or third party agents of
the Contractor.
17. Unless otherwise agreed to in this Contract, or in a written amendment executed and
approved pursuant to Fiscal Rules of the State of Colorado,the parties agree that all
material, information,data, computer software, documentation, studies, and evaluations
produced in the performance of this Contract for which the State has made a payment
under this Contract are the sole property of the State.
18. If any copyrightable material is produced under this Contract, then the State, and any
applicable federal funding entity, shall have a paid in full, irrevocable, royalty free, and
non-exclusive license to reproduce, publish, or otherwise use, and authorize others to use,
the copyrightable material for any purpose authorized by the Copyright Law of the United
States as now or hereinafter enacted. Upon the written request of the Contractor shall
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provide the State with three (3)copies of all such copyrightable material.
19. If required by the terms and conditions of a federal or state grant,the Contractor shall
obtain the prior approval of the State and all necessary third parties prior to publishing any
materials produced under this Contract. If required by the terms and conditions of a
federal or state grant,the Contractor shall also credit the State and all necessary third
parties with assisting in the publication of any materials produced under this Contract.
20. Neither the Contractor nor the State shall he liable to the other for any delay in, or failure
of performance of, any covenant or promise contained in this Contract; nor shall any delay
or failure constitute default or give rise to any liability for damages if, and only to the
extent that, such delay or failure is caused by a supervening cause. As used in this
Contract, "supervening cause" is defined to mean: an act of God, fire, explosion, action of
the elements, strike, interruption of transportation, rationing, court action, illegality,
unusually severe weather, war, or any other cause which is beyond the control of the
affected party and which, by the exercise of reasonable diligence, could not have been
prevented by the affected party.
21. It is expressly understood and agreed to between the parties that the enforcement of the
terms and conditions of this Contract, and all rights of action related to such enforcement,
shall be strictly reserved to the State and the named Contractor. Nothing contained in this
Contract shall give or allow any claim or right of action whatsoever to or by any third
person. Nothing contained in this Contract shall be construed as a waiver of any provision
of the Colorado Governmental Immunity Act, section 24-10-101 et seq., C.R.S., as
amended. It is the express intent of the State and the named Contractor that any person or
entity, other than the State or the named Contractor, receiving services or benefits under
this Contract shall be deemed an incidental beneficiary only.
22. To the extent that this Contract may be executed and performance of the obligations of the
parties may be accomplished within the intent of this Contract,the terms of this Contract
are severable. If any term or provision of this Contract is declared invalid by a court of
competent jurisdiction, or becomes inoperative for any other reason,then such invalidity
or failure shall not affect the validity of any other term or provision of this Contract.
23. The waiver of a breach of a term or provision of this Contract shall not be construed as a
waiver of a breach of any other term or provision of this Contract or, as a waiver of a
breach of the same term or provision upon subsequent breach.
24. If this Contract is in the nature of personal/purchased services, then, except for accounts
receivable, the rights, duties, and obligations of the Contractor cannot be assigned,
delegated, or otherwise transferred, except with the prior, express, written consent of the
State.
Page 12 of 22
25. Except as otherwise provided for herein,this Contract shall inure to the benefit of, and be
binding upon, the parties hereto and their respective successors and assigns.
26. Unless otherwise provided for in this Contract, the Contractor shall notify the State,within
five(5) working days after being served with a summons, complaint, or other pleading in a
case which involves any services provided under this Contract and which has been filed in
any federal or state court or administrative agency. The Contractor shall immediately
deliver copies of any such documents to the State.
27. This Contract is subject to such modifications as may be required by changes in applicable
federal or state law, or federal or state implementing rules,regulations, or procedures of
that federal or state law. Any such required modification shall be automatically
incorporated into, and be made a part of,this Contract as of the effective date of such
change as if that change was fully set forth herein. Except as provided above, no
modification of this Contract shall be effective unless such modification is agreed to in
writing by both parties in an amendment to this Contract that has been previously executed
and approved in accordance with applicable law.
28. Notwithstanding anything herein to the contrary,the parties understand and agree that all
terms and conditions of this Contract, and the exhibits and attachments hereto, which may
require continued performance or compliance beyond the termination date of this Contract
shall survive such termination date and shall be enforceable as provided herein in the
event of a failure to perform or comply by a party to this Contract.
29. Notwithstanding any other provision of this Contract to the contrary, no term or condition
of this Contract shall be construed or interpreted as a waiver, express or implied, of any of
the immunities, rights, benefits,protections,or other provisions of the Colorado
Governmental Immunity Act(CGIA), section 24-10-101, et seq., C.R.S., as now or
hereafter amended. The parties understand and agree that liability for claims for injuries
to persons or property arising out of the alleged negligence of the State of Colorado, its
departments, institutions, agencies, boards, officials, and employees is controlled and
limited by the provisions of section 24-10-101 et seq., C.R.S., as now or hereafter
amended.
30. The captions and headings used in this Contract are for identification only, and shall be
disregarded in any construction of the terms, provisions, and conditions of this Contract.
31. The parties hereto agree that venue for any action related to this Contract shall be in the
City and County of Denver, Colorado.
Page 13 of 22
32. All attachments to this Contract are incorporated herein by this reference and made a part
hereof as if fully set forth herein. In the event of any conflict or inconsistency between the
terms of this Contract and those of any attachment to this Contract, the terms and
conditions of this Contract shall control.
33. This Contract is 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 Fiscal Rules
of the State of Colorado.
E. SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
1. 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
Page 14 of 22
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 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 advertisements;
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
Page 15 of 22
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 race, creed, color, sex,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.
(g) In the event of the contractor's non-compliance with the non-discrimination clauses of
this contract or with any of such rules, regulations, or orders, this contract may be canceled,
terminated or suspended in whole or in part and the contractor may be declared ineligible for
further State contracts in accordance with procedures, authorized in Executive Order, Equal
Opportunity and Affirmative Action of April 16, 1975 and the rules, regulations, or orders
promulgated in accordance therewith, and such other sanctions as may be imposed and remedies
as may be invoked as provided in Executive Order,Equal Opportunity and Affirmative Action of
April 16, 1975, or by rules, regulations, or orders promulgated in accordance therewith, or as
otherwise provided by law.
(h) The contractor will include the provisions of paragraphs(a)through(h) in every 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 8-17-101 & 102 for preference of Colorado labor are applicable to
Page 16 of 22
this contract if public works within the State are undertaken hereunder and are financed in whole
or in part by State funds.
b. When a construction contract for a public project is to be awarded to a bidder, a resident
bidder shall be allowed a preference against a non-resident bidder from a state or foreign country
equal to the preference given or required by the state or foreign country in which the non-
resident bidder is a resident. If it is determined by the officer responsible for awarding the bid
that compliance with the 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 to prevent denial of the moneys
or to eliminate the inconsistency with Federal requirements (CRS 8-19-101 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
part shall be valid or enforceable or available in any action at law whether by way of complaint,
defense, or otherwise. Any provision rendered null and void by the operation of this provision
will not invalidate the remainder of this contract to the extent that the contract is capable of
execution.
8. At all times during the performance of this contract, the Contractor shall strictly adhere
to all applicable federal and state laws,rules, and regulations that have been or may hereafter be
established.
9. Pursuant to CRS 24-30-202.4 (as amended),the state controller may withhold debts
owed to state agencies under the vendor offset intercept system for: (a)unpaid child support debt
of child support arrearages; (b) unpaid balance of tax, accrued interest, or other charges specified
in Article 22, Title 39, CRS; (c) unpaid loans due to the student loan division of the department
of higher education; (d) owed amounts required to be paid to the unemployment compensation
fund ; and (e) other unpaid debts owing to the state or any agency thereof,the amount of which
is found to be owing as a result of final agency determination or reduced to judgment as certified
by the controller.
10. The signatories aver that they are familiar with CRS 18-8-301, et seq., (Bribery and
Corrupt Influences)and CRS 18-8-401, et seq., (Abuse of Public Office), and that no violation of
such provisions is present.
Page 17 of 22
11. 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 parties hereto have executed this Contract on the day first above
written.
Contractor: State of Colorado
(Full Legal Name) Weld County Board of ROY ROMER, GOVERNOR
Commission rs
By onstancceL. Ha (08/05/98) , ,
Position(Title) Chai r By 7c._ -74_,z_.-1,-'
84-6000-813
Social Security Number or Federal I.D.Number Department of
PUBLIC HEALTH AND ENVI MENT
/
If Corporation, Town/City/County, or Equivalent:
PROGRAM PROVAL:
st �4
Attest(Affix Seal-)
icci fh,;�O QV e WELD COUNdr_ftE FH EPARTMENT
BY: at idaLlec,
By IWfientecSsespaamm1 ., , „ ►:�ri .�!R7! a..,.:. ,,tilepkc JOHN S. PICKLE, M.S.E.H.
Deputy Clerk to the [•:./,`, II
DIRECTOR
APPROVALS: 'IS.- )v. ,LS:
ATTORNE t ii CONTROL:it' C l] ROLLER
Attor en rat . G 'b V",BY By
G le A. War ennington Clifford . all
P.ssistan ttomey
GenHr3.
rPrvicPc <<r9tnn
State S.
Page 18 of 22
ATTACHMENT A
PROJECT DESCRIPTION AND SCHEDULE OF OUTPUTS
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
WATER QUALITY CONTROL DIVISION
WORK PLAN
FOR
"Pilot Inter-Agency Biosolids Site Inspection Program"
a study funded by
US EPA 104(6)(3) Funds
FY 1998
April, 1998
INTRODUCTION
The Colorado Department of Public Health and Environment,Water Quality Control Division, pursuant to the
provisions of Section 104(b)(3) of the Clean Water Act, will develop a pilot scale inter-agency biosolids
application site inspection program. The Water Quality Control Division staff will develop instructional material
for use in training county personnel, develop standardized inspection forms, will accompany County personnel for
an initial round of County inspections and will assess and report on the pilot programs success/problems.
PROJECT DESCRIPTION
Federal rules at 40 CFR Part 501 recognize the joint implementation by state and local agencies of regulatory
biosolids management program requirements as an option for delegation of federal program authority. Presently,
the Colorado Biosolids Management Program relies upon state program staff housed in the Division's central
office in Denver, supplemented by field personnel located in four regional offices for inspection capability. A
potential opportunity to develop expanded field presence exists through the use of county health department
inspectors. Accessing local inspection capacity has been successfully modeled in regulatory programs addressing
air emissions and a variety of health care and service sector facilities such as restaurants and nursing homes.
Delegation of inspection responsibility to local regulatory agencies will require that inspection protocols are
standardized, ensuring equitable application of state and federal operation standards,as well as necessitating
collection of adequate documentation to support potential enforcement action. Standardization will involve
development of inspection training materials and implementation of training activities. Both classroom and on-site
training is envisioned. Post-training assessment will incorporate trial of standardized inspection reporting formats
by county field inspectors. It is proposed that the pilot program be implement in cooperation with the Weld County
Health Department. Weld County has been selected because of the large percentage of biosolids application sites
located in the County and the County's proximity to Denver, facilitating access to state program staff
Grant funds will be utilized to develop and present inspection training materials, develop a standardized inspection
Page 19 of 22
form or,forms,to carry out an initial round of County inspections, and to assess and report on the pilot program
success/problems. Weld County shall submit to the State a status report detailing activities conducted under this
contract. The report shall be due no later than December 31, 1998.
SCHEDULE OF OUTPUT
1) Development of training module,to be completed by July 30, 1998.
2) Training of County Inspectors,to be completed by August 30, 1998.
3) County inspection activities,to be completed by December 31, 1998.
4) Assessment of County inspection reports,report and recommendations,to be completed by March 30,
1999.
5) Assessment of Pilot Program success and/or problems, report to be completed by June 30, 1999.
Page 20 of 22
ATTACHMENT B
1997
State Fiscal Year 19_-_ Contract Routing Number Change Order Letter
No.
In accordance with paragraph_of the Original Contract with contract routing number and contract
encumbrance number , as amended by Change Order Letter routing number , and Renewal
Letter routing number , [strike if inapplicable] hereinafter referred to in total as"the Original Contract"(a
copy of which is attached hereto and by this reference incorporated herein and made a part hereof)between the
State of Colorado, Department of Public Health and Environment, Division and,
, covering the period from , 199, through , 199,the parties
agree that the maximum amount payable by the State for the eligible services in Paragraph_of the Original
Contract is increased/decreased [strike inapplicable] by DOLLARS ($ )for a
new total of DOLLARS ($ ). This funding change is in accordance with
the revised work plan, which is incorporated herein by this reference, made a part hereof, and attached hereto as
"Attachment A"and, the revised budget,which is incorporated herein by this reference, made a part hereof, and
attached hereto as"Attachment B" [strike inapplicable]. The first sentence in paragraph of the Original
Contract is hereby modified accordingly. All other terms of conditions of the Original Contract are hereby
reaffirmed by the parties.
This amendment to the Original Contract is intended to be effective as of , 199_, but in no event
shall it be deemed valid until it shall have been approved by the State Controller or such assistant as he may
designate.
Please sign, date and return all_originals of this letter as soon as possible to: , at
the Colorado Department of Public Health and Environment, Division, 4300
Cherry Creek Drive South, Mail Code: , Denver, CO 80246. One original of this letter will be
returned to you when fully approved.
Contractor: State of Colorado
Full Contractor Name Roy Romer, Governor
By: By:
Signature For the Executive Director
Colorado Department of
Print Name: Public Health and Environment
Title:
APPROVALS:
PROGRAM CONTROLLER
By: By:
Page 21 of 22
ATTACHMENT C
, 1997
State Fiscal Year 19_-_, Contract Routing Number , Contract Renewal Letter No.
Pursuant to paragraph_of the contract with routing number_ and contract encumbrance number
(as amended by Change Order Letter routing number , and/or Contract Renewal Letter routing number
_, if any), hereinafter referred to as the"Original Contract"(a copy of which is attached hereto and by this reference
made a part hereof) between the State of Colorado,Department of Public Health and Environment and
, for the renewal term from , 199_through , 199_, the parties
agree that the maximum amount payable by the State for the eligible services referenced in paragraph_of the
Original Contract is increased/decreased by DOLLARS ($ )to a new total of
DOLLARS ($ ). The revised work plan, which is attached hereto as
"Attachment A", and the revised budget, which is attached hereto as"Attachment B", are both made a part hereof and
incorporated herein by this reference. The first sentence in paragraph_of the Original Contract is hereby modified
accordingly. All other terms and conditions of the Original Contract are hereby reaffirmed.
This amendment to the Original Contract is intended to be effective as of , 199_, but in no event shall
it be deemed valid until it shall have been approved by the State Controller or such assistant as he may designate.
Please sign, date, and return all_originals of this Contract Renewal Letter by , 19_to the attention of:
Colorado Department of Public Health and Environment
Mail Code:
4300 Cherry Creek Drive South
Denver, Colorado 80222-1530
One original of this Contract Renewal Letter will be returned to you when fully approved.
Contractor: State of Colorado
Full Contractor Name Roy Romer, Governor
By: By:
Signature For the Executive Director
Colorado Department of
Print Name: Public Health and Environment
Title:
APPROVALS:
PROGRAM CONTROLLER
By: By:
Page 22 of 22
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