HomeMy WebLinkAbout970638.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 April 15,
1997, and ending April 14, 2002, 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 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 7th day of April, A.D., 1997.
LI
y Clerk to the Board
eputy Clerk ^o the Board
my Attor ey
Dale K. Hall
BOARD OF COUNTY COMMISSIONERS
WELD BOUNTY, COLQRADO
eorge E!Baxter, Chair
Constance L. Harbert, PTem
Barbara J. Kirkmeyer
W. H. eli
:/
970638
HL0023
Form 6 -AC -02A (It 1/88)
Department or Agency Number
NAA
Contract Routing Number
CONTRACT
This contract, made this _ day of , 19_, 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)(b), 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. $cope 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 15th day of April, 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
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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. Accounting - 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 seq, 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
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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
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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
5 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.
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SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
I. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate. This provision
is applicable to any contract involving the payment of money by the State.
FUND AVAILABILITY
2. Financial obligations of the State 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; layoffi or terminations; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth
provisions of this non-discrimination clause.
(b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive
consideration for employment without regard to race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age.
(c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding,
notice to be provided by the contracting officer, advising the labor union or workers' representative of the contractor's commitment under the Executive Order, Equal
Opportunity and Affirmative Action, dated April 16, 1975, and of the rules, regulations, and relevant Orders of the Governor.
(d) The contractor and labor unions will furnish all information and reports required by Executive Order, Equal Opportunity and Affirmative Action of April 16,
1975, and by the rules, regulations and Orders of the Governor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency
and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules, regulations and orders.
(e) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization, or expel any such individual from
membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity, because of 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.
Form 6 -AC -02B
Revised 1/93
395-53-01-1022
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(g) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any 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 county 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.
My 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:
M WITNESS WHEREOF, the parties hereto have executed this Contract on the day first above written.
Contractor:
(Full Legal Name) Weld County, Colorado
Weld t,Yoynty Board Comtttissioners
PRE -APPROVED FORM CONTRACT REVIEWER
STATE OF COLORADO
ROY ROMER, GOVERNOR
By
EXECUTIVE DIRECTOR, Larry Kallenberger
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
WELD CD�TH PARTMEN1`�
N S. PICKLE
DIRECTOR
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STATE OF COLORADO
DIVISION OF LOCAL GOVERNMENT Department of Local Affairs
Harold A. Knott, Director
Roy Romer
Governor
Larry Katlenberger
Executive
Director
Ms. Barbara Kirkmeyer
Board of County Commissioners
915 10th Street
Greeley, CO 80632
Dear Commissioner Kirkmeyer:
Enclosed please find the umbrella contract to Weld County for the cleanup of illegally disposed
waste tires. Upon your review the contract will need to be signed by the Chair of the Board of
Commissioners. The State of Colorado contracting procedures stipulate that four (4) signed
originals must be executed for all contracts. Upon being signed you will receive an Award Letter
indicating that Weld County is an official recipient of the waste tire grant funds.
Remember: this is a grant reimbursement program. The Department of Local Affairs, Division of
Local Government, will reimburse Weld County for expenses related to cleaning up illegally
disposed waste tires in accordance with the budget contained in your proposal and the contract
and award letter details. By statute, these funds can only be used for illegally disposed tires.
If, for any reason, Weld County is delayed in cleaning up the designated site (due to property
owner issues, for example), Weld County should consider having other approved sites (if any)
ready for cleanup under the Waste Tire and Cleanup Grants Program.
We look forward to receiving your signed contracts. Please call if I can be of any assistance
(303-866-3005) or call Laura Belsten, Administrator, (303-871-3942).
Sincerely,
04.4
David Metsch
Waste Tire Cleanup Fund Coordinator
970638
1313 Sherman Street, Room 521, Denver, Colorado 80203 (303) 866-2156 FAX (303) 866-4819 TDD (303) 866-5300
COLORADO
mEmoRAnuum
George Baxter, Chairman
To Board of County Commissioners
From
Subject:
Date April 3, 1997
John Pickle, Director, Health Department
Waste Tire Cleanup Contract
Enclosed for Board review is a contract between Weld County and the State of Colorado,
Department of Local Affairs, Division of Local Government.
This contract will provide up to $70,000 to remove illegally disposed tires at the McMill
Landfill near Eaton, Colorado. It is anticipated, but not guaranteed at this time, that an
additional $46,500 will be available to Weld County by June 1, 1997 to be used in a pilot
project introducing the use of waste tires as a substitute for aggregate in absorption fields
for individual sewage disposal systems. If awarded, these additional funds will be used
to construct and monitor one experimental individual septic disposal system (ISDS) using
chipped waste tires.
This contract will cover a period of five years from April 15, 1997 through April 14,
2002, and I recommend your approval.
Enclosure
970638
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