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HomeMy WebLinkAbout971055.tiffRESOLUTION RE: APPROVE CONTRACT FOR WASTE TIRE CLEANUP BETWEEN HEALTH DEPARTMENT AND COLORADO DEPARTMENT OF LOCAL AFFAIRS, DIVISION OF LOCAL GOVERNMENT, 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 waste tire cleanup between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Health Department, and the Colorado Department of Local Affairs, Division of Local Government, commencing June 9, 1997, and ending June 9, 2002, with further terms and conditions being as stated in said contract, and WHEREAS, said contract replaces, at the Colorado Department of Local Affair's request, the contract considered and approved by the Board on April 7, 1997, which would have commenced April 15, 1997, and ended April 14, 2002, 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 waste tire cleanup between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Health Department, and the Colorado Department of Local Affairs, Division of Local Government, 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 2nd day of June, A.D., 1997. AP Deputy Clerk o oard ORM: BOARD OF COUNTY COMMISSIONERS WEL�-luOUNTY, COLORADO GeeorgeE. Baxter, Chair stance L. Harbe Dale K. Hall AIL ' / /£? /, 4 tarbara J. Kirkmey r �/ a � C W. H.`Webster 971055 HL0023 Form 6 -AC -02A (R 1/88) Department or Agency Number NAA Contract Routing Number CONTRACT This contract, made this 9th day of June , 1997, by and between the State of Colorado for the use and benefit of the Department of Local Affairs, Division of Local Government, 1313 Sherman Street, Room 521, Denver, CO 80401, hereinafter referred to as the State, and Weld County, 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 289, Appropriation Code 319, and WHEREAS, required approval, clearance, and coordination has been accomplished from and with appropriate agencies; and WHEREAS, the State annually receives funding from the Waste Tire Recycling Development Cash Fund, pursuant to 25-17-202(3), C.R.S., and WHEREAS, counties are authorized to receive grants from this Fund, pursuant to 24-32-114(1)(6), and WHEREAS, the Contractor has submitted an application to the State for cleanup of illegally dumped or stored waste tires, for the Waste Tire Cleanup Fund, and WHEREAS, the Contractor's application has been approved by the State and the State desires to enter into a contract with the Contractor, NOW THEREFORE it is agreed that: 1. Scope of Work - The Contractor agrees to carry out the scope of work described in each of its approved grant application packages which are incorporated herein by reference, which consists of cleanup of illegally dumped or stored waste tires, as approved by the State in its grant award letter, and to do so in conformance with this contract and applicable state laws, rules, and regulations. Grant applications and Waste Tire Disposal Grant Award Letters will become a part of this contract until such time as the grant is closed out. 2. Time of Performance - This contract shall commence on this 9th day of June, 1997, and shall continue for a period of five years as long as the State continues to designate the Contractor as an eligible recipient of funds and continues to make an allocation of funds to the Contractor. Grant award letters for each specific grant will identify the performance period for that grant. 3. Compensation and Method of Payment - The State agrees to pay the Contractor in consideration for the work and services to be performed an amount as specified in the Waste Tire Disposal Grant Award Letter. Payment to be made to the Contractor on a quarterly basis unless otherwise indicated, based on an invoice summarizing those legitimately incurred expenses and identifying the Award Page 1 of 6 971055 Letter to which the expenses apply. The original supporting documentation will be maintained by the Contractor. State warrants will be issued for reimbursement of eligible expenses. 4. Accountine - At all times, from the effective date of this contract until completion of this project, the Contractor shall maintain properly segregated books of State funds, matching funds, and other funds associated with this project. Contractor shall be responsible for accounting for and reporting on any required match funding as indicated in the Waste Tire Disposal Grant Award Letter. Records shall be maintained in accordance with applicable local and State procedures. 5. Reporting - The Contractor shall meet all reporting requirements in accordance with the then current program policies, and any subsequent forms and related program policies as required by the State. 6. Audit Requirements - The Contractor must follow the financial and compliance audit requirements under 29-1-601, et seg, C.R.S. 7. Personnel - The Contractor shall perform its duties hereunder as a 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 insurance in the amounts required by law, and shall be solely responsible for the acts of the Contractor, its employees, and agents to the extent applicable. The Contractor is responsible for providing workmen's compensation coverage and unemployment compensation coverage for all of its employees to the extent required by law. In no case is the State responsible for providing workmen's compensation coverage for any employees or subcontractors of contractors pursuant to this agreement, and Contractor agrees to indemnify the State for any costs for which the State may be found liable in this regard. 8. Termination of Contractor for Cause A. The State may terminate the contract, in whole or in part for cause, by giving written notice to the Contractor of such termination at least five (5) working days before the effective date of such termination and specifying the effective date thereof. Any or all of the following reasons shall constitute cause for the State to terminate the contract. (1) Failure for any reason of the Contractor to fulfill in a timely and proper manner its obligations under the contract and attachments; (2) Sub -mission by the Contractor to the State of reports that are incorrect or incomplete in any material respect; (3) Ineffective or improper use of funds provided under this agreement; and, (4) Suspension, reduction, or termination of the grant to the State under which this contract is made, or the portion thereof delegated by this agreement. B. The Contractor may terminate this contract for cause if the Contractor is unwilling or unable to comply with such additional conditions as may be lawfully imposed. The Contractor must give notice to the State of such termination at least five (5) working days before the effective date of such termination and specify the effective date thereof. C. In the event of any termination of the contract, the following will apply: (1) The State will require the Contractor to ensure that adequate arrangements have been made for the transfer of the agency's activities and inventory to another Contractor or to the State. Inventory shall include client records, supplies, materials, equipment, vehicles and other items purchased with state funds per state procedures, laws and regulations; (2) The Contractor shall be entitled to Page 2 of 6 971055 compensation for any unreimbursed expenses reasonably and necessarily incurred in the satisfactory performance of the contract. Notwithstanding the above, the Contractor shall not be relieved of liability to the State for damages sustained by the State, by virtue of any breach of the agreement by the Contractor, and the State may withhold any reimbursement to the Contractor for the purpose of set-off until such time as the exact amount of damages due to the State from the Contractor is agreed upon or otherwise determined. 9. Termination for Convenience of State - The State may terminate the contract at any time it determines that the purpose of the distribution of funds under the contract would no longer be served by completion of the project. The State shall effect such termination by giving written notice of the termination to the Contractor and specifying the effective date thereof, at least twenty (20) days before the effective date of such termination. In that event all materials and documents as described in paragraph 8 above shall, at the option of the State, become its property and the Contractor shall be entitled to receive just and equitable compensation for reasonable costs incurred during performance until the date of written notice of termination. If this contract is terminated due to the fault of the Contractor, paragraph 8 hereof relative to termination shall apply. 10. Changes in Scope of Services - The State may, from time to time, request changes in the scope of services of the Contractor to be performed hereunder as set forth in the Waste Tire Disposal Grant Award Letter. Such changes in the scope of services of the Contractor shall be in writing via the issuance of a Waste Tire Disposal Grant Award Letter, and shall be incorporated without written amendment to this contract. Any revisions to the scope of services initiated by the Contractor must be approved by the State. 11. Severability - To the extent that this contract may be executed and performance of the obligations of the parties may be accomplished within the intent of the contract, the terms of the contract are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as a waiver of any other term. 12. Assignment - Neither party, nor any subcontractor hereto, may assign its rights or duties under this contract without the prior written consent of the other party. 13. Limitation to Particular Funds - This contract is subject to and contingent upon the continuing availability of funds for the purposes hereof. The parties hereto expressly recognize that the Contractor is to be paid, reimbursed or otherwise compensated with the funds provided to the State for the purpose of contracting for the services provided for herein and therefore, the Contractor expressly understands and agrees that all its rights, demands, and claims to compensation arising under this contract are contingent upon receipt of such funds by the State. In the event that such funds or any part thereof are not received by the State, the State may immediately terminate the contract. 14. Contract Suspension - If the Contractor fails to comply with any contractual provision, the State may, after written notice to the Contractor suspend the contract and withhold further payment or prohibit the Contractor from incurring additional obligation of contractual funds, pending corrective action by the Contractor or a decision by the State to terminate in accordance with Paragraph 8, Termination for Cause. The State may determine to allow such necessary and proper costs which the Contractor could not reasonably avoid during the period of suspension. 15. Recapture Provisions - In the event that the Contractor fails to expend funds under this contract in accordance with state laws and/or the provisions of this contract, the State reserves the right to Page 3 of 6 971055 recapture state funds in an amount equivalent to the extent of the noncompliance. Such rights of recapture shall exist for a period not to exceed three years following contract termination. Repayment by the Contractor of funds under this recapture provision shall occur within 30 days of demand. In the event that the State is required to institute legal proceedings to enforce the recapture provision, the State shall be entitled to its costs thereof, including reasonable attorney's fees. 16. Evaluation and Monitoring - The Contractor shall cooperate with and freely participate in any monitoring or evaluation activities conducted by the State that are pertinent to the intent of this contract. 17. Nondiscrimination - (a) The Contractor shall comply with all applicable state and federal laws, rules, regulations and Executive Orders of the Governor of Colorado, involving non-discrimination on the basis of race, color, religion, national origin, age, handicap, or sex. Contractor may utilize the expertise of the State Minority Business Office within the Office of the Governor, for assistance in complying with the nondiscrimination and affirmative action requirements of this contract and applicable statutes. (b) The Americans with Disabilities Act of 1990, Public Law 101-336. also referred to as the "ADA 28 CFR Part 31 The Contractor must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. 18. Records Retention - The Contractor shall retain for at least four (4) years after the State's closeout of each grant all records required for the grant including documentation and records of all expenditures incurred under the grant being closed. Retention for longer than the four years may be deemed necessary to resolve any matter which may be pending. This retention is for the purpose of review and audit by the State or their authorized representative. 19. Integration - This contract as written with attachments and references, is intended as the complete integration of all understanding between the parties at this time and no prior or contemporaneous additions, deletion, or amendment hereto shall have any force or effect whatsoever, unless embodied in a written contract amendment incorporating such changes, executed and approved pursuant to applicable law. The Waste Tire Disposal Grant Award Letter is considered to be an attachment to and part of this contract. 20. Special Conditions - Beyond those conditions contained in this contract special conditions may be incorporated into a grant award letter. These conditions upon acceptance by the Contractor of the grant become a part of this contract, and legally binding under it. Contractor failure to object in writing to special conditions or other terms within ten (10) days of transmittal of the grant award letter shall constitute acceptance of same for the purposes of this paragraph. 23. Conflict of Interest The Contractor shall comply with the provisions of 18-8-308, and 24-18-101 through 24-18-109, C.R.S. Page 4 of 6 971055 SPECIAL PROVISIONS CONTROLLER'S APPROVAL I. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate. This provision is applicable to any contract involving the payment of money by the State. FUND AVAILABILITY 2. Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. BOND REQUIREMENT 3. If this contract involves the payment of more than fifty thousand dollars for the construction, erection, repair, maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public works for this State, the contractor shall, before entering the performance of any such work included in this contract, duly execute and deliver to the State official who well 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 for the due and faithful performance of the contract and in addition, shall provide that if the contractor or his subcontractors fail to duly pay for any labor, materials, team hire, sustenance, provisions, provendor or other supplies used or consumed by such contractor or his subcontractor in performance of the work contracted to be done 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 practice (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 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 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 contractor 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 contractor 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 5 of 6 971055 F¢OM ILIV OF LLr_PL GO'LEF'Wt9ENT 303 866 4819 14:16 n326 P.06/07 (g) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any 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 Outer, Equal Opportunity and Affirmative Action of April 16, 1975, or by 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 ofparagraphs (a) through (h) in every sub -contract and satin -enactor purchase order wins exempted by rules, regulations, or orders issued ruminant 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 subcontracting 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 le threatened with, litigation, with the subcontractor or vendor as a result of such diroetion 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 le 102 for preference ofCororado labor arc applicable to this comets if public works within the State arc undertaken hereunder and are financed in whole or in pan by State funds. b. When a consuueoon connect fns a public project is to be awarded in abidder. a resident bidder shall be allowed a pit (silence against a non-resident bidder from a slate or foreign county equal to the pmfemtce given or required by the awe or foreign country in which the non-resident bidder Is n resident. If n is determined by the admen responsible for awarding the bid that compliance with this subsection .06 may cause denial of federal finds which would otherwise be available or would otherwise be inconsistent with requirements ol'Fadaai law, des agbmmlon shall be suspended, butonly to the extent temerity to prevent denial of the moneys or to eliminate the inconsistency with Federal requirements (CRS 8.19.1(11 and 102). GENERAL 7, The laws of the State of Colorado end 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, rule% 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 he 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 at times during the performance of this contract, the Contractor shall strictly adhere to all applicable federal and state laws, ties and regulations that have been ur may heralter be established. 9. a signatolies such r that they are familiar with CRS 184-301, cl. seq., (Bribery and Corrupt Influences) and CRS I x-8-401, et. seq., (Abuse of Public Office), and that no 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 Cuntreet on the day first above written. Contractor: (Futi.e m a/c)c)(Weld Cunt �C�oll�orado George E. Baxt@,r 06/02/97 Chair, Weld County Board Position (Title) of Cnmmiaviono rr 84-6000813 (If C Attest Ito Boar PRE•APPROVED FORM CONTRACT REVIEWER By Form f>AC-02C Revised l/93 395-531)1.1030 fria Page 6 of 6 STATE OF COLORADO ROY • a�i>r_. • , GOY By en DEPARTMENT OF Kallenbcrger Local Affairs APPROVALS STATE CONTROLLER Rose Marie Auten (g) In the event of the contractor's non-compliance with the non-discrimination clauses of this contractor with any 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, or by 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 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 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 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. 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. 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 parties hereto have executed this Contract on the day first above written. Contractor: (Full Legal➢Ia)rte) Weld Co}lnty, Colorado STATE OF COLORADO ROY ROMER, GOVERNOR 06/02/97 George E. Baxter By Chair, Weld County B ltth ` EXECUTIVE DIRECTOR, Larry Kallenberger Position (Title) • C • rtn ' Social Security Number or Federal to Numb, (If Corpora Attest (Se Mni ipQ♦ �/f Q /7Q deputy xt m NCaatdaONKINIMIC^..”0=hto Board PRE -APPROVED FORM CONTRACT REVIEWER DEPARTMENT OF Local Affairs APPROVALS STATE CONTROLLER Clifford W. Hall By By Rose Marie Auten Form 6 -AC -02C Revised 1/93 395-53-01-1030 Page 6 of 6 971055 I NLu—i :Lil cif LU Waste Tire Disposal Grant Award Letter INITIAL AWARD INCREASE __X OSCAPASE CHANGE L Contract Logging Inquiry Number (OLIN): 2. Encumbrance Number. L7WTA3 3. Accounting Line: Fund 289, 319, LABO, 5120 4. Vendor Number 846000813 S 5. Master Contract Number: LIWT0003 6. Award Made to Grantee: Weld County Board Of County Commissioners P.O. Box 758 Greeley, CO 80632 7. This Award Amount $ 40,000 Total Awarded To Datg: S 156,500. Now: Great Award mama may be Increased or decreased by eabrequeet Waste Tire Disposal Craat Award lAnm 8. Performance Ported: lune, 25, 1997 - December 31, 1997 9. purume: Continue illegal tire cleanup in Weld County with funds as provided in CRS 24-32-114, specifically the following five sites: I) Kugler; 2) Magnuson; 3) Amcndola; 4) Dunn; and 5) Moser. 10.5<°Te: To cleanup these five sites and other sites currently being identified by Weld County Health Deportment staff and commissioners. A majority of the apprnxi98ucly 20,000 tires from these five sites, plus additional tires from additional sites, will be taken to an approved tire disposal facility, Tire Mountain, located in Hudson Colorado. A small number of fires would be used for an ISDS project 11. Grant Considerations: All fiscal terms and conditions entered into by the State and the Grantee in the original Contract arc incorporated by reference. This amendment to the contract is effective as of June 25, 1997 but In no event shall it be deemed valid until it has been approved by the State Controller or his designee. 12. $gyjsxsQ• Date%'x' -9 7 13.(tuned d BBy: Divisions of Local Government 14. Anprored: State Control) r, r, Clifford W. Hall S.GS/ ll` /Lt:LG7veDate: 8•-•26-1.7 Harold A. Knon, Director By' • i !. cr Dam: ?7LQ d Controller 77"" /! NOM This Award Letter sava as notice to premed with work approved under this grant Acceptance of Mc grant implies agreement with the leans and conditions as stated in the mager contract and this award leper. COLORADO OFFICE OF BOARD OF COUNTY COMMISSIONERS PHONE (303) 356-4000, EXT. 4200 FAX (303) 352-0242 P.O. BOX 758 GREELEY, COLORADO 80632 May 7, 1997 Laura Belsten, Waste Tire Grant Coordinator Colorado Department of Local Affairs Division of Local Government 1313 Sherman Street, 5th Floor Denver, CO 80202 RE: Certification for Waste Tire Recycling and Cleanup Grants Dear Ms Belsten; This concerns the waste tires located in Weld County for which a grant has been or will be requested. The Weld County Board of County Commissioners certifies that the following grant conditions will be met: I. The funds proposed for use under this Waste Tire Grant Program. will be spent pursuant to Colorado Revised Statutes 24-32-114(1)(b); 2. The waste tires to be removed are illegally disposed in their current location; 3. The location to which the tires are being moved, whether a recycling, reuse or land disposal facility, is a state or county approved waste disposal or recycling facility; 4. All bidding and contracting procedures employed by the county to carry out the proposed waste tire cleanup project are and will be fully in accordance with state and county law and bidding and contracting procedures; and 5. The county will submit monthly activity reports providing detailed information on the number (or weight) of tires removed; how the tires were transported, where and how the tires were disposed. and the expenditure of funds that month. Trevor Jiricek, of the Weld County Environmental Health Service, of 1517 16th Avenue Court, Greeley, Colorado 80631, (970) 353-0635, extension 2232, facsimile (970) 356-4966 will be principally responsible for administering the program. Please contact him or Lee D. Morrison, 971055 Laura Belsten, Waste Tire Grant Coordinator May 5, 1997 Page 2. Assistant Weld County Attorney, 915 Tenth Street, P.O. Box 1948, Greeley, Colorado 80632, (970) 356-4000, extension 4395, facsimile (970) 352-0242 if you have further questions regarding this certification. Respectfully submitted, WELD COUNTY BOARD OF COUNTY COMMISSIONERS ,( < . 7�� 2 George E. Baxter, Chair O THE BOARD OF COMMISSIONERS Deputy uPrk to the Board APPROVEIp'M LQFFORM: BY }6 . l'ttJ��� 971055 STATE OF COLORADO DIVISION OF LOCAL GOVERNMENT Department of Local Affairs Harold A. Knott, Director Roy Romer Governor Larry Kallenberger Executive Director INTER OF F ICE MEMO To: Weld County Commissioners/Chair Baxter From: David Metsch/ Illegal Waste Tire Coordinator <(lyyl Subject: Illegal Waste Tire Funds Date: May 16, 1997 Having received your revised letter and having had the opportunity to speak with Trevor Jiricek of the Weld County Environmental Health Service I am enclosing FOUR base contracts for your signatures. All that has been modified on this document is the beginning date you may begin to draw down from your grant money. Please sign all four and then return them to me as you did before. Please call me with any questions. I may be reached directly at 303-866-3005. 971055 1313 Sherman Street, Room 521, Denver, Colorado 80203 (303) 866-2156 FAX (303) 866-4819 TDD (303) 866-5300 Hello