HomeMy WebLinkAbout990914.tiff RESOLUTION
RE: APPROVE 'CONTRACT FOR RADON AWARENESS PROGRAM AND AUTHORIZE
CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute arid 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 Radon Awareness
Program 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 Department of Public Health and
Environment, and the Colorado Department of Public Health and Environment, commencing
March 1, 1999, and ending June 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 Radon Awareness Program 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 Department of Public Health and Environment, 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 26th day of April, A.D., 1999, nunc pro tunc March 1, 1999.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CO ORA O
ATTEST:
Dale K. Hall, Chair
Weld County Clerk tota_y,
t EXCUSED
i i Barbaraa d. Kirkmeyer, Pro-Tem
Deputy Clerk to the B. y X `
George axter
APP TO FORM: / Nyei
M. J. eile
ounty Attorney ;,.� l--u:�j
Glenn Vaad
990914
/� /.7.1 _ HL0025
RECEIVED JL'L 2 61999
Department or Agency Name
COLORADO DEPARTMENT OF
PUBLIC HEALTH AND ENVIRONMENT
Department or Agency Number
FAA
Contract Routing Number
99-1605
CONTRACT
This CONTRACT is made this 1 day of March, 1999,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"; _ ff
and,WELD COUNTY HEALTH DEPARTMENT,whose address or principal place of business is 4,54-746th i St I
Avenue Court,Greeley,CO 80631,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 of this Contract in Fund Number 100 Ap ropriation Accotgit 171, and Organization Number 1100,under
Encumbrance Number 994605-- i)(3 ; +7 L) ' 11, 3OR.S
WHEREAS,the State administers funds each fiscal year that are to be used to promote community-based air
pollution initiatives and environmental awareness;
WHEREAS,the Weld County Health Department has submitted a State-approved Scope of Work for a community-
based radon awareness program benefitting the citizens of Weld County;
WHEREAS, as of the made 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, section 29-1-201, 8 C.R.S.,as amended, encourages governments to make the most efficient and
effective use of their powers and responsibilities by cooperating and contracting with each other to the fullest extent
possible to provide any function,service, or facility lawfully authorized to each of the cooperating or contracting
entities, and to this end all State contracts with its political subdivisions are exempt from the State's personnel rules
and the State procurement code;and,
WHEREAS, all requited approvals, clearances,and coordination have been accomplished from and with all
appropriate agencies.
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NOW THEREFORE, in consideration of their mutual promises to each, stated below, the parties hereto agree as
follows:
A. EFFECTIVE DATE AND TERM. The effective date of this Contract is March 1, 1999 or on the date
the State Controller approves this Contract,whichever is later. The initial term of this Contract shall
commence on March 1, 1999,and continue through and including October 31, 1999,unless sooner
terminated by the parties pursuant to the terms and conditions of this Contract. The total term of this
Contract,including any extensions or renewals hereof,may not exceed five(5)years.
B. DUTIES AND OBLIGATIONS OF THE CONTRACTOR. The Contractor is to administer a
community-based radon awareness program,as specified in the Scope of Work,attached hereto as
ATTACHMENT A,and incorporated herein by this reference. The Contractor is to perform all activities
outlined in the Scope of Work by no later than June 30, 1999.
C. DUTIES AND OBLIGATIONS OF THE STATE.
1. The State shall, in consideration of the services satisfactorily performed by the Contractor under
this Contract,cause to be paid to the Contractor a sum not to exceed$6,750 for the initial term of
this Contract. Of the total financial obligation of the State referenced above,NONE are identified
as attributable to a funding source of the United States government and,$6,750 are identified as
attributable to a funding source of the State of Colorado.
2. To receive compensation under this Contract,the Contractor shall submit a signed monthly
billing statement, an example of which is incorporated herein by reference, made a part hereof,
and attached hereto as"Attachment B",within sixty(60)calendar days of the end of the billing
period for which services were rendered. Expenditures shall be in accordance with those items
identified in Attachment B. These items may include,but are not limited to:the Contractor's
salaries,fringe benefits, supplies,travel, operating,and indirect costs which are allowable and
allocable expenses related to its performance under this Contract.
Billing statements shall:reference this Contract by its contract number, which number is located
on page one of this document;state the applicable performance dates,the names of payees; a brief
description of the services performed during the relevant performance dates; expenditures
incurred;and, the total reimbursement requested. Reimbursement during the initial, and any
renewal term of this Contract shall be conditioned upon affirmation by the State that all services
were rendered by the Contractor in accordance with the terms of this Contract. Billing statements
shall be sent to:
Anastacia J.Nutt
Colorado Department of Public Health and Environment
4300 Cherry Creek Drive South,Denver,CO 80246
APCD-ADM-BI
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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 1'HE 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
R$OUIRED 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 THIS
CONTRACTOR OR A THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE
FATE 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 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.
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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 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 Contact is
terminated for default because of the Contractor's breach of this Contract,then the provisions of
paragraph 4 above shall apply.
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6. If Cuffs Contract involves federal funds,or compliance is otherwise federally mandated,then 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 be subjected to discrimination in any program or activity funded.
inwhole or in part,by federal funds;
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 - 12.189, 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).
H. Section 2101 of the Federal Acquisition Streamlining Act of 1994,Public Law 103-
355, which prohibits the use of federal money to lobby the legislative body of a political
subdivision of the State.
7. If this Contract involves federal funds,or compliance is otherwise federally mandated,then 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,
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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
Sta[e, then the State may immediately terminate this Contract.
9. To be considered for payment,billings for payments pursuant to this Contract must be received
witiin 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.
10. Uni ess 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
ind irect 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 reports)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).
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13. The Contractor shall grant to the State,or its authorized agents, access to the Contractor's
relevant records and financial statements. The Contractor shall retain all such records and
fmancial statements for a period of six(6)years after the date of issuance of a fmal.audit report.
This requirement is in addition to any other audit requirements contained in other paragraphs of
this Contract.
14. 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
shill 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.
15. 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 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 six(6)years
from the date of fmal 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.
1.6. 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.
1.7. 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.
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IS. 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.
l9. 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 provide the State with three
(3)copies of all such copyrightable material.
20. 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.
21. Neither the Contractor nor the State shall be 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
gence,could not have been prevented by the affected party.
22. 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.
23. 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
an"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.
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24. 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
tenn or provision upon subsequent breach.
25. If his Contract is in the nature of personaUpurchased 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.
26. 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.
27. 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
curt or administrative agency. The Contractor shall immediately deliver copies of any such
documents to the State.
28. 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.
29. No withstanding 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
cortinued 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.
30. No.:withstanding 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
Inuntmity 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 sue.
C.R.S.,as now or hereafter amended.
31. 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.
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32. The parties hereto agree that venue for any action related to this Contract shall be in the City and
County of Denver,Colorado.
33. 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.
34. 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. Thus 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 tens of this contract. Such bond shall be duly executed
by a qualified corporate surety conditioned upon the faithful performance of the contract and in addition,
shall provide that if the contractor or his subcontractors fail to duly pay for any labor,materials,team hire,
sustenance,provisions,provendor or other supplies used or consumed by such contractor or his
subcontractor in performance of the work contracted to be done or fails to pay any person who supplies
rental machinery,tools,or equipment in the prosecution of the work the surety will pay the same in an
amount not exceeding the sum specified in the bond,together with interest at the rate of eight per cent per
annum. Unless such bond is executed,delivered and filed,no claim in favor of the contractor arising under
such contract shall be audited, allowed or paid. A certified or cashier's check or a bank money order
payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in
compliance with CRS 38-26-106.
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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 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.
Page 11 of 14
(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, :ncluding 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 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).
Page 12 of 14
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 extrajudicial 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 21, 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.
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.
Page 13 of 14
IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day first above written.
Weld County Board
of Commissioners
Contractofi\ Coun Heal De a ent State of Colorado
BILL OWENS, GOVERNOR
By:
/
Position(Title) le K_ Ha.11, c By: c /` u-eta°vim
. 99)
84-6D00-813 Department of
Social Security Number or Federal I.D. Number PUBLIC HEALTH AND ENVIRONMENT
If Corporation,Town/City/County, or Equivalent: r
E PROGRAM APPROVAL:= t-i771
t( I <
44teAtt
, 1 WELD COU L EpRipT
By: _+� B .
proi3EWcSYe uwaffll(
Deputy Clerk to t
't 1 � S. PICKLE, NLS.E.H.
DINECTDIi
APPROVALS:
APPROVALS:
ATTORNEY GENERAL cONWpAOHTROLLER
ART L. EAR'S HA T
By: % c
,, Jr' By:
/wen Salazar.', Arthur . Barnhart
stmt Rt:r rrley Uetrr<ra
Page 14 of 14
?•_�`-rr +qC�� rrlenLICL
:* „..iDEPARTMENT OF HEALTH
1517 16TH AVENUE COURT
IGREELEY, CO 80631
ca; ADMINISTRATION (970) 353-0586
e HEALTH PROTECTION (970) 353-0635
COLORADO COMMUNITY HEALTH (970) 353-0639
FAX (970) 356-4966
RADON PROGRAM PLAN: Scope of work
Introduction
Although radon is the second leading cause of lung cancer in the United States, second
only to cigarette smoking, most people are not aware that radon is one the most serious
environmental cancer risks in the United States (US). EPA currently estimates that between
7,000 and 30,000 annual lung cancer deaths in the U.S. are due to residential radon exposure
(Environmental Protection Agency, 1993). EPA strongly recommends "...that home owners test
their homes before putting them on the market and, if necessary, reduce the radon levels"
(Environmental Health Center National Safety Council, 1996).
The Healthy People 2000 sites several health objectives. The health objective most
pertinent to this program is:
11.E> Increase to at least 40 percent of homes in which homeowners/occupants have
tested for radon concentration and that have either been found to pose minimal
risk or have been modified to reduce risks to health. (Baseline: Less than 5
percent of homes had been tested in 1989).
Radon is a naturally occurring, colorless, odorless tasteless radioactive gas. It moves into
homes and building through cracks and openings in the foundation. The health risk of indoor
radon comes from the radioactive by-products of decaying radon gas known as radon daughters.
1
Any building may have a radon problem, regardless of whether it is new or old, well-sealed or
drafty or with or without a basement. Nearly one out of every 15 homes in the U.S. is estimated
to have elevated annual levels of indoor radon. The Environmental Protection Services
recommends corrective action when radon levels exceed four picocuries per liter of air (pCi/L).
Target Community
The City of Greeley, with a population of approximately 67,000, is located 60 miles
northwest of Denver and 50 miles south of Cheyenne, Wyoming. Personal income and
employment by indastry statistics show that in the last 25 years, the Greeley area has changed
significantly, from a predominantly agricultural economy, to a diverse economy with
manufacturing and service industries showing significant growth. The climate of Greeley is dry
and generally mild with warm summers, and mild winters.
According to the United States Environmental Protection Agency (USEPA). Weld
County is rated as a Zone l county with a radon level averaging above 4 picocuries per liter of air
(pCi/L), the level at which the USEPA recommends action. Studies suggest that long-term radon
exposure increases the risk of lung cancer, and approximately six percent of all homes may have
an annual average radon level that is above the EPA's action level. Clearly, the presence of
elevated radon levels in an individuals home is a risk to human health.
Goals and Objectives
At present, the Weld County Health Department (WCIID), Environmental Protection
Services (EPS) is developing a radon awareness program. This program provides an educational
2
program for citizens of Weld County, focusing efforts at this time to real estate brokers and
agents.
The goals cf this program are to:
1. Raise awareness levels of the target population (Weld County citizens, Realtors.
and Contractors) about the health effects and risk of radon.
2. Increase testing raks in Weld County.
3. Promote mitigation of homes in response to testing results that indicate elevated
radon levels.
The educational goals: To increase education and awareness about the health effects of
radon to citizens of the Weld County community by providing an awareness education program
for Weld County ci':izens, Realtors and building officials. The WCHD will target these
individuals and groups in order to increase communication about the health effects radon may
have on the general population and prospective home buyers/sellers to help promote the testing
of radon during the real estate transaction. This educational program will help emphasize to
Weld County citizens the importance of testing for Radon during the real estate transaction as
well as increase the number of brokers, agents, and contractors agreeing to the USEPA
recommendations for testing a home. In addition, the knowledge level of Weld County citizens
of the available mitigation processes and procedures will be augmented .
Resources
By implementing a multi-focused approach of media and educational presentations,
multi-media displays, and easy-to-afford and use Radon test kits, this program should be most
effective. The program incorporates important resource materials, supplies, and endorsements
3
from various organ'zations concerned with the health effects of elevated radon levels. Resources
include endorsement from USEPA, the National Environmental Health Association (NEHA) and
the Colorado Department of Public Health and Environment, the American Lung Association
(ALA), and the American Medical Association (AMA). All organizations contacted will
provide materials and knowledgeable individuals. Supplies, information and press release
announcements (audio and video) will be provided by the Consumer Federation of America
(CFA), the Consumer Research Council (CRC) and the USEPA. Short-term radon test kits can
be purchased at a discounted price through Air Check, Inc.
Implementation Plan
Real Estate Brokers, agents and interested individuals will be invited to attend a four
hour presentation on Radon in Real Estate. The presentation will likely be provided by the
Western Regional Training Center (WRTC). Assistance will be provided by the WCHD, EPS
division. The training that is provided by WRTC, Radon in Real Estate Training program is au
accredited program through the Real Estate Commission.
In addition, local media coverage, for the Greeley area, will be provided through the local
newspaper, The Greeley Tribune; local radio stations, KFKA, KUNC and KGRE and the local
the cable vision station at TCI Channel 8. The Public Service Announcement's (PSA) will help
to inform and educate the public about the health effects of radon, the methods available for
testing a home and who to contact if radon levels are detected at harmful levels. In addition,
easy to use short-term radon test kits will be available at the WCHD, EPS division for reduced
cost. Display and storyboards will be designed and implemented for use at presentations
4
mentioned previously and for local schools, fairs and other related activities.
One selling point of this program is to provide easy-to-use and low cost radon test kits as
well as a fundamenral training program, for both the general population and Realtors. Realtors
are required by Colorado law to complete 24 hours of continuing education during every 3-year
renewal period, in order to keep a valid license. Eight of the 24 hours must he accomplished by
taking the !flandatoev S-/four License Renewal Course. The remaining 20 hours can be fulfilled
by taking any Colorado Real Estate Commission-approved, elective education course. This is
typically a costly training.
In order to promote this training, the WCHD, EPS division will make arrangements to
meet with the local realty companies and members of the Greeley Realtors Asoociation to
present information on Radon and explain the accredited training that this program will be
offering to interested real estate brokers and agents. These short 30 minute presentations will he
conducted at regula-ly scheduled meetings to all Greeley area companies that are interested.
The CDPHB&E Radiation Control Division is responsible for developing and
implementing contracts for services and cooperative projects with local health departments,
counties, and cities. They have made arrangements with the Western Regional Training Center
(WRTC) at the University of Colorado, Colorado Springs and Colorado School of Mines to
provide training opportunities to agencies interested in the radon problem. If granted, The Clean
Air Colorado campaign monies will provide the Radon in Real Estate presentation by the WRTC
for the Weld County Community, free of charge or at a reduced cost.
The budget for this proposed program is approximately $6,500.00. The break
down of this budget can be found at Appendix A.
S
Appendix A
Weld County Radon Awareness Budget
Personnel
Radon Program Coordinator In-Kind
Meeting and Training Expenses $ 3.500.00
Multi-media displays, storyboards $ 1.000.00
Radon Test Kits 200 @ 3.50 each $ 700.00
Slide projector $ 500.00
Office Supplies and Misc Expenses $ 500.00
Continental Breakfast $ 4
Travel @ .27/mile X 250 miles $ 135.00
Grand Total $ 6,750.00
6
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Dale K. Hall, Chairman
To Board of County Commissioners Date April 23, 1999
COLORADO {�
From John Pickle, Director, Health Department / ,
Subject:
Radon Awareness Program Contract
Enclosed for Board review and approval is a contract between the Colorado Department of
Public Health and Environment and Weld County Health Department for the provision of
community based radon education.
The Environmental Health Services Division of the Health Department is developing a radon
education program to raise awareness levels of Weld County citizens, Realtors and building
contractors about the health effects and risk of radon, to increase radon testing rates in Weld
County, and to promote mitigation of homes in response to testing results that indicate elevated
radon levels. They plan to accomplish this by implementing a multi-focused approach of media
and educational presentations, multi-media displays, and easy to use and afford radon testing kits.
In exchange for these services, the Health Department will be reimbursed a sum not to exceed
$6,750 for the period March 1, 1999 through June 30, 1999.
I recommend your approval of this contract.
Enc.
990914
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