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RESOLUTION
RE: APPROVE CONTRACT BETWEEN COLORADO DEPARTMENT OF PUBLIC HEALTH
AND ENVIRONMENT, AIR POLLUTION CONTROL DIVISION, AND HEALTH
DEPARTMENT 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 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 Public Health and
Environment, Air Pollution Control Division, commencing January 1, 1996, and ending
December 31, 1996, 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 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 Public Health and Environment, Air Pollution Control
Division, 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 24th day of April, A.D., 1996, nunc pro tunc January 1, 1996.
BOARD OF COUNTY COMMISSIONERS
, WELD COUNTY, COLORADO/
EL � /
Barbara J. Kirkmeyer, Chair
1861 ft O 1 o y ty Clerk to the Board L
Li......"-,,- t Cb qtr\ L a
11orge'E. Baxter�P}ro-Te
Deputy Clerk 4 the Board -f
Dale K. Hall
APPR AS TO FORM: �Q�.
/ Constance LConstance L. Harbert�iv1 y
my Attorney /A / S fU< /,7ir i7- I
W. H. Webster
960739
ems., /fe≤ sire HL0022
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DEPARTMENT OR AGENCY NUMBER
Ii.cb FAA - 260000
`GU CONTRACT ROUTING NUMBER
Y/ 9605019
CONTRACT
THIS CONTRACT, made this 31st day of DECEMBER 1995 by and between the State of
Colorado for the use and benefit of the Department of PUBLIC HEALTH AND ENVIRONMENT, AIR
POLLUTION CONTROL DIVISION, 4300 Cherry Creek Drive South, APCD/ADM/B1, Denver, Colorado
80222-1530 hereinafter referred to as the State and Weld County Health Department, 1517 16th
Avenue Court, Greeley, Colorado 80631-4539 hereinafter referred to as "Contractor" .
WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and
otherwise made available and a sufficient uncommitted balance thereof remains available for
encumbering and subsequent payment of this Contract under encumbrance No. AIR9605019 in Fund
Number 100/119/275 , APPR Account 105/159/195 , and Organization 1100, and
WHEREAS, required approval, clearance and coordination has been accomplished from and
with appropriate agencies, and
WHEREAS, pursuant to the legislative declaration set forth in the "Colorado Air
Pollution Prevention and Control Act" hereinafter called "Act", and pursuant to Standards,
Rules and Regulations and Statements of Policy of the Air Quality Control Commission relative
thereto and supplements or amendments thereto, and to Orders, Decisions, Findings, Rulings,
and administrative functions and procedures adopted, promulgated, issued and enforceable
pursuant to law, the State is vested by law with the duties and powers necessary to carry out
the intent of said Act and the State Implementation Plan (SIP) ; and
WHEREAS, pursuant to the provisions of Section 25-7-111, C.R.S. of the Act, the State
is vested with certain powers therein prescribed, including in Subsection (2) (f) of said
section the following:
(2) (f) "Designate one or more persons or agencies in any area
of the state as an air pollution control authority as
agent of the division to exercise and perform such
powers and duties of the division as may be specified in
such designation" ; and
WHEREAS, the State, in exercise of the power aforesaid, desires to designate the
Contractor to act in its behalf within the jurisdiction designated in Paragraph I.D. herein
in carrying out each and all responsibilities pursuant to the legislative declaration
enunciated in the Act and as hereinafter prescribed, not by way of limitation, in
administering and enforcing the Act and Rules and procedures aforesaid; and the Contractor
agrees to accept said designation under said terms and -conditions; and
WHEREAS, nothing herein shall affect the ability of the Contractor to participate in
the development of State Implementation Plan (SIP) revisions or to challenge any provision
thereof, provided, however, that the Contractor agrees that it shall enforce the effective
provisions of the State Implementation Plan as provided by this Contract until they be
modified.
NOW THEREFORE, it is hereby agreed that:
I. Administration
A. Designation as Agency
The State does hereby designate the Contractor and the Contractor does hereby
accept the designation as the Agent of the State pursuant to 25-7-111 (2) f, C.R.S.
Page 1 of 10 Pages
The Contractor agrees to do and perform, in accordance with such Act, Standards,
Rules, and Regulations, Orders, Decisions, Findings, Rulings, and administrative
functions and procedures, and any amendments, additions, and revisions thereof,
such services as are required in enforcing the same.
B. Inspection Period
An Inspection Period as described in this contract begins January 1 and continues
through December 31 of every contract year. The first period of every year is
January 1 to March 31, the second period of every year shall be from April 1 to
June 30; the third period of every year shall be from July 1 to August 31; and
the fourth period of every year shall be from September 1 to December 31.
C. Supersession
This agency designation shall revoke and supersede any earlier written or oral
delegation of authority by the State to the Contractor concerning the control of
air pollution in the areas listed in Paragraph I.D.
D. Area of Control
The Contractor agrees to perform the duties listed in this Contract in the
following political subdivision of the State of Colorado:
Weld County
E. Support Personnel
The State shall designate specific state personnel who shall provide information
to assist the Contractor in its performance under this Contract. The State shall
notify the Contractor of such personnel who have been so designated.
F. The Contractor shall perform the work as outlined in the Scope of Work attached
hereto as Exhibit 1 and incorporated herein by this reference. The parties
hereby agree that Exhibit 1 will be revised each year concurrently with the
contract renewal.
G. Cooperation, Training and Instruction
The State shall cooperate with and provide assistance to the Contractor to ensure
receipt of the training and instruction reasonably necessary to fulfill the
requirements of this Contract as stated in the Scope of Work (Exhibit 1) .
H. Nothing herein shall limit the ability of the Contractor to administer and
enforce its own ordinances and orders issued under its own independent authority
to control air pollution.
II. Consideration and Budget
A. Consideration
The State shall, in consideration of said services, cause to be paid to the
Contractor, a total sum not to exceed THIRTY-THREE THOUSAND SEVEN HUNDRED SIXTY-
FIVE DOLLARS AND FORTY-FOUR CENTS ($33, 765.44) for the period January 1, 1996
through December 31, 1996. Payment requests for said services invoiced by
Contractor to State as specified in Paragraph II.A.1. through II.A. 7. below,
provided however, no payment shall be made and the Contract shall not be valid
until the State Controller has approved the Contract in accordance with Special
Provision #1 of this Contract. If any portion of the Contract workload
activities as specified in Exhibit 1 are not accomplished, sufficient
justification for non-completion of the tasks must be submitted in writing as
soon as it is apparent that the tasks cannot be completed. A portion or all of
the fourth quarter reimbursement may be held for non-completion of the said
Page 2 of 10 Pages
services agreed to in this Contract and for lack of sufficient justification.
The amount withheld will be determined by the State and the Contractor will be
notified in writing of this decision.
1. Contractor may invoice State for a total not to exceed SEVENTEEN THOUSAND
TWO HUNDRED EIGHTEEN DOLLARS ($17,218.00) for the work required in
Sections III.A. , III.C. , III.D. , III.F. , IV. , V. , and VII. of the Scope of
Work with regard to enforcement and permits - three (3) payments of FOUR
THOUSAND THREE HUNDRED FOUR DOLLARS AND FIFTY CENTS ($4,304 . 50) to be
respectively billed March 31, 1996, June 30, 1996, and September 30,
1996. A fourth payment of FOUR THOUSAND THREE HUNDRED FOUR DOLLARS AND
FIFTY CENTS ($4,304.50) is contingent upon completion of Contract
activities and approval of the final report which shall be submitted to
the Division not later than February 1, 1997 . The State shall process
such requests as soon as possible after receipt. The Contractor may not
request reimbursement for activities which are completed between January
1, 1996 and June 30, 1996 later than September 1, 1996 . Requests for
reimbursement for these activities which are received after this date
shall not be processed and the Contractor shall not be reimbursed.
2 . Contractor may invoice State for a total not to exceed FOUR THOUSAND FIVE
HUNDRED FIFTY-EIGHT DOLLARS ($4, 558 . 00) for the activities specified in
Section I. of the Scope of Work with regard to training - three (3)
payments of ONE THOUSAND ONE HUNDRED THIRTY-NINE DOLLARS AND FIFTY CENTS
($1, 139.50) to be respectively billed March 31, 1996, June 30, 1996, and
September 30, 1996. A fourth payment of ONE THOUSAND ONE HUNDRED THIRTY-
NINE DOLLARS AND FIFTY CENTS ($1,139.50) is contingent upon completion of
the contract activities and approval of the final report which shall be
submitted to the Division not later than February 1, 1997. The State
shall process such requests as soon as possible after receipt. The
Contractor may not request reimbursement for the activities which are
completed between January 1, 1996 and June 30, 1996 later than September
1, 1996 . Requests for reimbursement for these activities which are
received after this date shall not be processed and the Contractor shall
not be reimbursed.
3 . Contractor may invoice State for a total not to exceed ONE THOUSAND EIGHT
HUNDRED SEVENTY-THREE DOLLARS AND TWENTY CENTS ($1, 873 .20) for the
operation & maintenance of particulate monitors as specified in Section
II.A. and B. of the Scope of Work. These activities may be invoiced at
the rate of FIFTEEN DOLLARS AND SIXTY-ONE CENTS ($15.61) per hour earned
to a maximum of ONE HUNDRED TWENTY (120) hours. Requests for payment
shall be made quarterly and shall include an itemized list of the samples
collected and the hours earned. These lists are subject to Division
review and approval. For hours which are earned between January 1, 1996
and June 30, 1996, the Contractor may not request reimbursement later than
September 1, 1996 . Requests for reimbursement for these activities which
are received after this date shall not be processed and the Contractor
shall not be reimbursed. The fourth quarter reimbursement is contingent
upon completion of the contract activities and approval of the final
report which is due February 1, 1997.
4. Contractor may invoice State for a total not to exceed ONE THOUSAND FIVE
HUNDRED FOURTEEN DOLLARS AND SEVENTEEN CENTS ($1, 514 .17) for the operation
& maintenance of the gaseous monitors as specified in Section II.A. and C.
of the Scope of Work. These activities may be invoiced at the rate of
FIFTEEN DOLLARS AND SIXTY-ONE CENTS ($15 .61) per hour earned to .a maximum
of NINETY-SEVEN (97) hours. Requests for payment shall be made quarterly
and shall include an itemized description of the maintenance activities
and the hours earned. These lists are subject to division review and
approval. For hours which are earned between January 1, 1996 and June
30, 1996, the contractor may not request reimbursement later than
September 1, 1996 . Requests for reimbursement for these activities which
are received after this date shall not be processed and the contractor
shall not be reimbursed. The fourth quarter reimbursement is contingent
upon completion of the contract activities and approval of the final
report which is due February 1, 1997.
Page 3 of 10 Pages
5. Contractor may invoice State for a total not to exceed ONE THOUSAND THREE
HUNDRED TWENTY-SIX DOLLARS AND EIGHTY-FIVE CENTS ($1, 326 .85) for asbestos
activities as required by Section III.B. of the Scope of Work. These may
be invoiced at the rate of FIFTEEN DOLLARS AND SIXTY-ONE CENTS ($15.61)
per hour earned to a maximum of EIGHTY-FIVE (85) hours. Requests for
payment shall be made quarterly and shall include an itemized list of the
projects on which the hours were earned. These lists are subject to
Division review and approval. For asbestos hours which are earned
between January 1, 1996 and June 30, 1996, the Contractor may not request
reimbursement later than September 1, 1996. Requests for reimbursement
for these activities which are received after this date shall not be
processed and the Contractor shall not be reimbursed.
6. Contractor may invoice State for a total not to exceed SIX THOUSAND TWO
HUNDRED SEVENTY-FIVE DOLLARS AND TWENTY-TWO CENTS ($6,275.22) for the
activities specified in Sections III.G. and III.H. of the Scope of Work
for the inspection, enforcement and surveillance of mobile and stationary
source air conditioning equipment and repair shops. Inspections may be
invoiced at the rate of THIRTY-ONE DOLLARS AND TWENTY-TWO CENTS ($31.22)
per hour to a.maximum of ONE HUNDRED SEVENTY-ONE (171) hours. Enforcement
and surveillance activities shall be reimbursed at the rate of THIRTY-ONE
DOLLARS AND TWENTY-TWO CENTS ($31.22) per hour to a maximum of THIRTY
(30)hours. Unused enforcement and surveillance hours may be applied
toward inspection hours for additional time spent on inspections of
existing or newly identified sourceswithin the time frames as specified
in Sections III.G. and III.H. of the Scope of Work. Invoices shall be
submitted on a quarterly basis and shall include a list of facilities
inspected and enforcement actions taken. Lists are subject to Division
review and approval. The fourth quarter reimbursement is contingent upon
completion of the Contract activities and approval of the Final Report
which is due February 1, 1997. The State shall process reimbursement
requests as soon as possible after receipt. For activities performed
between January 1, 1996 and June 30, 1996, the Contractor may not request
reimbursement later than September 1, 1996 . Requests for reimbursement
received after thisdate shall not be processed and the Contractor shall
not be reimbursed.
7. The Contractor may invoice State for a total not to exceed ONE THOUSAND
DOLLARS ($1, 000.00) for activities specified in Section V.B. of the Scope
of Work for proctoring mobile source exams. Proctored tests shall be
reimbursed at the rate of FIVE DOLLARS ($5.00) per test to a maximum of
TWO HUNDRED (200) tests. Invoices shall be submitted on a quarterly basis
and shall include a list of tests proctored. These lists are subject to
Division review and approval. The fourth quarter reimbursement is
contingent upon completion of the Contract activities and approval of the
Final Report which is due February 1, 1997. The State shall process
reimbursement requests as soon as possible after receipt. For tests
proctored between January 1, 1996 and June 30, 1996, the Contractor may
not request reimbursement later than September 1, 1996. Requests for
reimbursement received after this date shall not be processed and the
Contractor shall not be reimbursed.
B. Personnel and Operating Budget
1. The Contractor agrees that all monies received in accordance with Article
II.A. of this Contract and matching Contractor funds shall be expended
exclusively in the performance of air pollution services as set forth in
the provisions of this Contract.
a. A copy of the Contractor's air pollution program operation budget
and staffing pattern shall be filed with the State as soon as
possible or within thirty (30) days of the effective date of the
contract.
2 . The Contractor further agrees to match the State amount with at least
TWENTY-ONE THOUSAND NINE HUNDRED THIRTY-ONE DOLLARS ($21,931. 00) .
Page 4 of 10 Pages
C. The State may prospectively increase or decrease the total reimbursement amount
payable under this Contract for the above named services as a result of an
increase or decrease of salary and/or full-time equivalent (FTE) staff through
a Contract Amendment Letter to be signed by the Contractor, the Department of
Health, and the State Controller or his authorized designee (a copy of this
Contract Amendment Letter is attached as Exhibit 7 and made a part hereof) . It
is further understood that said letter shall not be deemed valid until it is
signed by the State Controller or his authorized designee. Any increase or
decrease to the total reimbursement amount payable under this contract shall be
subject to the following conditions:
a. The Contract Amendment Letter shall include the following:
(1) Identification of contract by contract encumbrance number and number
of affected paragraph;
(2) Types of services or programs increased or decreased and the new
level of each service or program if applicable;
(3) Amount of increase or decrease in the level of funding for each
service or program and the total;
(4) Intended effective date of the funding change:
(5) A provision stating that the change shall not be valid until
approved by the State Controller or such assistant as he may
designate; and
(6) Authorized signatures of the State, the Contractor and the State
Controller or his designee. -
b. Upon proper execution and approval, such Contract Amendment Letter shall
become an amendment to this Contract and, except for the General and
Special Provisions of the Contract, the Contract Amendment Letter shall
supersede the Contract in the event of -a conflict between the two. It is
understood and agreedthat the Contract Amendment Letter -may be used only
for increased or decreased funding, or adjustments to service levels, FTE
adjustments, and any budget line items.
c. If the Contractor agrees to and accepts the change, the Contractor shall
execute and return the Contract Amendment Letter to the State by the date
indicated in the Contract Amendment Letter. In the event the Contractor
does not accept the change, or fails to timely return the executed
Contract Amendment Letter, the State may, upon notice to Contractor,
terminate this Contract effective at any time after twenty (20) days
following the return deadline specified in the Contract Amendment Letter.
Such notice shall specify the effective date of termination. In the event
of termination, the parties shall not be relieved of their obligations up
to; the effective date of termination.
d. Increases or decreases in the level of contractual funding or FTE changes
made through the Contract Amendment Letter process during the term of this
Contract may be made under the following circumstances:
(1) if necessary to fully utilize Colorado State appropriations and/or
non-appropriated federal grant awards adjustments to reflect current
year expenditures;
(3) supplemental appropriations or non-appropriated federal funding
changes resulting in an increase or decrease in the amounts
originally budgeted and available for the purposes of this program;
(4) closure of programs and/or termination of related contracts;
(5) delay or difficulty in implementing programs or services; or
(6) other special circumstances as deemed appropriate by the State.
Page 5 of 10 Pages
D. Because the appropriation of funds is a legislative function, funding
availability after the current state fiscal year is contingent upon an annual
appropriation of funds by the legislature, and in the event no appropriation is
made, this contract may be canceled and terminated with no penalty to the State.
The state fiscal year is July 1 through June 30.
E. The term of this Contract begins January 1, 1996 and continues through December
31, 1996, and is renewable at the State' s option for four (4) additional one year
periods by Contract Renewal Letter in the form attached hereto as Exhibit 8
signed by the Contractor, the Colorado Department of Public Health and
Environment, and the State Controller or his authorized designee. It is further
understood that said Contract Renewal Letter shall not be deemed valid until it
is signed by the State Controller or his authorized designee. Dollar and FTE
amounts for any renewal period are subject to change from prior contract periods
based on actual funding appropriations and legislative approval for each state
fiscal year.
January 1 to March 31 for any given year is identified as the first quarter;
April 1 to June 30 the second quarter; July 1 to September 30 the third quarter;
and October 1 to December 31 the fourth quarter.
B:LWECONT.96
Page 6 of 10 Pages
COLORADO DEPARTMENT OF HEALTH -hereinafter,under the General Provisions referred to as "Health".
GENERAL PROVISIONS -- page 1 of 2 pages
1. The contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither the
contractor nor any agent or employee of the contractor shall be or shall be deemed to be an agent or employee of the state.
Contractor shallpav when due all required employment taxes and income tax withholding, shall provide and keep in force
workers'compensation (and show proof of such insurance) and unemployment compensation insurance in the amounts required
by law. Contractor will be solely responsible for its acts and the acts of its agents, employees, servants and subcontractors
during the performance of this contract.
2. Contractor authorizes Health, or its agents, to perform audits and to make inspections for the purpose of evaluating
performance under this contract.
3. Either party shall have the right to terminate this agreement by giving the other party thirty days notice by registered
mail, return receipt requested. If notice is so given, this agreement shall terminate on the expiration of the thirty days, and the
liability of the panics hereunder for the further performance of the terms of this agreement shall thereupon cease,but the parties
shall not be relieved of the duty to perform their obligations up to the date of termination.
4. This agreement is intended as the complete integration of all understandings between the parties. No prior or
contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied
herein in writing. No subsequent novation, renewal, addition,deletion,or other amendment hereto shall have any force or effect
unless embodied in a written contract executed and approved pursuant to the State Fiscal Rules.
5. If this contract involves the expenditure of federal funds,this contract is contingent upon continued availability of federal
funds for payment pursuant to the terms of this agreement. Contractor also agrees to fulfill the requirements of:
a) Office of Management and Budget Circulars A-87,A-2I or A-122,and A-102 or A-I1O,whichever is applicable;
b) the Hatch Act(5 USC 1501-1508)and Public Law 95-454 Section 4728.These statutes state that federal funds cannot
be used for partisan political purposes of any kind by any person or organization involved in the administration of
federally-assisted programs.
c) the Davis-Bacon Act (40 Stat 1494, Mar. 3, 1921, Chap. 411, 40 USC 276A-276A-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 USC 6101 ct scq, 42 USC 2000d, 29 USC 794. Thcsc acts require that no person shall,on the grounds of race,
color, national origin, age, or handicap, be excluded from participation in or be subjected to discrimination in any program or
activity funded, in whole or in part, by federal funds; and
e) the Americans with Disabilities Act (Public Law 101-336; 42 USC 12101, 12102, 12111 - 12117, 12131 - 12134,
12141 - 12150, 12161 - 12165, 12181 - 12189, 12201 - 12213 and 47 USC 225 and 47 USC 611.
t) if the contractor is acquiring real property and displacing households or businesses in the performance of this contract,
the contractor is in compliance with the Uniform Relocation Assistance-and Real Property Acquisition Policies Act,as amended
(Public Law 91-646, as amended and Public Law 100-17, 1O1 Stat 246- 256);
g) when applicable, the contractor is in compliance with the provisions of the "Uniform Administrative Requirements
for Grants and Cooperative Agreements to State and Local Governments(Common Rule).
Page 7 of 10 Pages
Rcv. 06/01/92 (GEN070595)
GENERAL PROVISIONS -- Page 2 of 2 pages
6. By signing and submitting this contract the contractor states that:
a) the contractor is in compliance with the requirements of the Drug-Free Workplace Act (Public Law 100-690 Title
V,Subtitle D,41 USC 701 et seq.);
b) the contractor is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any federal department or agency.
7. To be considered for payment, billings for payment pursuant to this contract must be received within 60 days after the
period for which payment is being requested and final billings on the contract must be received by Health within 60 days after
the end of the contract term.
8. If applicable, Local Match is to be submitted on the monthly payment statements, in the column provided,-as required
by the funding source.
9. If Contractor receives $25,000.00 or more per year in federal funds in the-aggregate from Health, Contractor agrees to
have an annual audit, by an independent certified public accountant, which meets the requirements of Office of Management
and Budget Circular A-128 or A-133, whichever applies. If Contractor is required to submit an annual indirect cost proposal
to Health for review and approval, Contractor's auditor will audit the proposal in accordance with the requirements of OMB
Circular A-87, A-21 or A-122. Contractor agrees to furnish one copy of the audit reports to the Health Department Accounting
Office within 30 days of their issuance,but not later than nine months after the end of Contractor's fiscal year. Contractor agrees
to take appropriate corrective-action within six months of the report's issuance in instances of noncompliance with federal laws
and regulations. Contractor agrees to permit Health or its agents to have access to its records and financial statements as
necessary, and further agrees to retain such records and financial statements for a period of three years after the date of issuance
of the audit report. This contract(does/does nail contain federal funds as of the date it is signed. This requirement is in addition
to any other audit requirements contained in other paragraphs within this contract.
10. Contractor agrees to not use federal funds to satisfy federal cost sharing and matching requirements unless approved in
writing by the appropriate federal agency.
•
Page 8 of 10 Pages
Rev. 06/01/92 (GEN070595)
(g) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules,regulations,or orders,this contract
may be canceled,terminated or suspended in whole or in part and the contractor may be declared ineligible for further State contracts in accordance with procedures,
authorized in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975 and the rules, regulations, or orders promulgated in accordance
therewith,and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order,Equal Opportunity and Affirmative Action
of April 16, 1975,or by rules,regulations,or orders promulgated in accordance therewith,or as otherwise provided by law.
(h) The contractor will include the provisions of paragraphs(a)through(h)in every sub-contract and subcontractor purchase order unless exempted by rules,
regulations,or orders issued pursuant to Executive Order,Equal Opportunity and Affirmative Action of April 16, 1975,so that such provisions will be-binding
upon each subcontractor or vendor. The contractor will take such action with respect to any sub-contracting or purchase order as the contracting agency may direct,
as a means of enforcing such provisions,including sanctions for non-compliance;provided,however,that in the event the contractor becomes involved in,or is
threatened with,litigation,with the subcontractor or vendor as a result of such direction by the contracting agency,the contractor may request the State of Colorado
to enter into such litigation to protect the interest of the State of Colorado.
COLORADO LABOR PREFERENCE
6a. Provisions of CRS 8-17-101 & 102 for preference of Colorado labor are applicable to 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 fluids 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 arc 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: State of Colorado
(Full Legal Name) Weld County Health Department Y ROMER,GOVERNOR -
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04/24/96 //_�
. O :IR WELD COUNTY BOARD OF By ! /%C.G� _.
�5MMISSIONERS
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'ISO ' `5il'. ! umber or Federal I.D.Number Department
'a\ -28., � al al of PUBLIC HEALTH AND ENVIRONMENT
�( ldorgli 4�,� �� WELD COUNTY HEAL;11• BY: , p:LC4,r
By - �t / L JOHN S. PICKLE
X DIWYe leti dt)EijklS>YrXiinfli(dflIiiii •un Clerk BOARD DIRECTOR
APPROVALS v,.— t,e',r•i ;,�"4.-t,
"HA l ,soh': b �Ak..,:,..LER
ATTORNEY GENERAL G AT }- VI: r
ttorn nlxal CONTROLLER 'y W A
By 4 By ? tl k (b
Gale A.Norton 4,- /441'" Clifford W.Hall
C. Richard nnington
Assistant Attorney General
Form 6-AC-02C(GEN010595) State Services Section,
age 10 which is the last of 10 pages
Revised 1/93
395-53-0t-1030 - - j)(4._
PROGRAM APPROV (�C./ 4-1()
1996 STATE/LOCAL AIR QUALITY CONTRACTS
EXHIBITS
EXHIBIT 1 - SCOPE OF WORK
EXHIBIT 2 - WORKLOAD ESTIMATE
EXHIBIT 3 - SSP INSPECTION LISTS
EXHIBIT 4 - CFC INSPECTION LISTS
EXHIBIT 5 - CFC INSPECTION PROCEDURES
EXHIBIT 6 - PARTICULATE SAMPLE FORM
EXHIBIT 7 - SAMPLE CONTRACT AMENDMENT LETTER
EXHIBIT 8 - SAMPLE CONTRACT RENEWAL LETTER
960739
EXHIBIT 1
SCOPE OF WORK
960739
• WELD COUNTY - AIR9605019
SCOPE OF WORK
EXHIBIT 1
I. Cooperation, Training and Instruction
The Contractor shall ensure its employees who conduct odor and opacity violation
inspections attend the required certification sessions during the contract period in
accordance with the Stationary Sources Program Training Plan and that a State Certified
Opacity Observer is on staff at all times; appropriate staff attend all scheduled
enforcement seminars and training sessions; and the Contractor be represented at the
annual All Agency Meeting.
The Contractor shall ensure that its employee(s) who conduct asbestos abatement
inspections undergo the required medical monitoring and respirator fit testing and use
properly fitted respirators and protective clothing while performing asbestos
inspections or investigating asbestos complaints. In addition, the Contractor shall
ensure that any employee who has not conducted asbestos inspections under a past
contract with the Division attend the EPA 3-day asbestos inspector training course, or
an equivalent course approved by the Division, prior to conducting asbestos
inspections.
The Contractor shall ensure that employees who conduct stationary and mobile sources
CFC inspections attend one day certification and training test for stationary and
mobile sources CFC programs; and all other new persons who were not trained in the
previous contract year for stationary and mobile inspections either receive such
training by the Division staff or by local agency staff previously trained by the
Division. Site training shall be developed and provided by the Division for each
contractor. Such training shall be pre-approved by the Division. Training shall be
limited to eight (8) hours per year, per inspector performing CFC inspections on a
regular basis.
II. Ambient Air Quality Monitoring
A. The Contractor shall operate an air quality monitoring network of which the
quantity and type of equipment is described in Exhibit 2 within the areas listed
in Paragraph I.D. of the Contract, in locations determined by the State and using
monitors and filter pads provided by the State.
B. The State shall provide the Contractor with a schedule for the operation of the
particulate monitors, the changing of filter pads at those monitors, and
instructions for the submission of those pads to the State. The Contractor shall
operate the monitors, change the filter pads, and submit the filter pads to the
State in accordance with the schedule and instructions.
The following paragraph C. shall apply to the following counties only: Boulder, El Paso,
Larimer, Mesa, Weld.
C. The Contractor shall provide the following services for the carbon monoxide and
ozone monitors:
1. First line _maintenance;
2. Troubleshooting on maintenance problems with the assistance of the State,
as necessary, including visual inspection of operating components, minor
adjustments of operating parameters;
3. In accordance with the schedule to be provided by the State, inspections
not to exceed three per week at each of the monitors; and
4 . Maintenance of State provided log sheets for each of the monitors.
III. Stationary Sources
A. The Contractor, as a delegated authority of the State, will provide the following
services. The enforcement of the Act and regulations promulgated thereunder by
Page 1 of B Pages
960739
• the Contractor shall be in a manner prescribed by the State.
1. Conduct inspections and provide enforcement and surveillance of sources
which are subject to the provisions of the Colorado Air Quality Control
Commission's ("Commission's") Regulations Nos. 1 through 8 and 15, unless
otherwise specified or provided herein.
2 . Conduct inspections as specified in this Section III.A. , of all sources
listed in Exhibit 2 - Workload Estimate and Exhibit 3 - Inspection Lists,
which are attached hereto and by this reference made a part hereof
following the schedule prescribed in Exhibit 3 and the Inspection Period
as described in Section I.B. , second paragraph, of the Contract.
3 . Prepare draft Notices of Violation (NOV) , in the form and manner
prescribed by the State for violations of -the Commission's Regulations
Nos. 1 through 8 and Regulation No. 15. Notices of Violation will be
forwarded to the State for review and will be under the signature of the
State. NOV's -may, at the discretion of the Contractor, be issued under
joint State-Contractor signature if requested.
4. Prepare draft Compliance Orders for violations of the Commission's
Regulations Nos. 1 through 8 and 15 (except for asbestos) . Draft
Compliance Orders must be reviewed by the State. All Orders must be
issued under the signature of the State. Approval for the issuance of
Orders shall be obtained in accordance with the following procedures:
a. A copy of a draft of the Order prepared by the Contractor shall be
transmitted to the State person identified by Paragraph I.E. of the
Contract.
b. The State shall ensure the appropriate circulation within the
Colorado Department of Health to obtain technical review, legal
review and approval (concurrence) or disapproval for the issuance of
the Order. Approval (concurrence) for the issuance of each separate
order maybe conditioned upon modifications or amendments to such
order and shall be evidenced on the draft order -or amendments
affixed thereto by the written initial or signature of the approving
party denoting approval or concurrence.
c. Each order will be put into final form by the State and all required
State signatures obtained.
d. The State will be responsible for mailing each order.
5. Conduct investigations of specific .air contaminant sources pursuant to
established guidelines upon request of the State or upon valid written
complaint of any other person within the area identified by Paragraph I.D.
of the Contract, to ascertain compliance with the Act, including the
Standards, Orders, and Regulations of the Commission.
6. Conduct surveillance of any stationary source observable during field
activities.
7 . Prepare draft Compliance Determination letters (CDLs) , in the form and
manner prescribed by the State, for violations of the Commission's
Regulation No. 8, Part B (Asbestos) . Draft Compliance Determination
letters must be reviewed by the State and will be issued under the
signature of the State. Approval for the issuance of CDLs shall be
obtained in accordance with specifications in this Section III.A.4 .b. and
c. above.
The following Section 8 shall apply to Tri-County Health Department only:
8. The Contractor shall assist in the enforcement of the State' s woodburning
ban. These activities shall not exceed the total hours as described in
Exhibit 2 Workload Estimate during the contract period and shall include
the following:
Page 2 of 8 Pages
960739
a. Determine compliance rate of fireplace and woodstove users with
woodburning bans in the area defined in Paragraph Z.D. of the
Contract.
b. Field surveillance and enforcement on days when the State imposed
woodburning ban isin effect. Such surveillance and enforcement
activities shall include at least forty-four (44) hours of evening
and week-end work.
c. Enforcement activities shall consist of a letter for -first time
offenders and .a notice of violation or phone call for second time
offenders.
d. Educational information provided to the public through the
distribution of State supplied informational flyers and brochures on
woodburning device effectiveness and woodburning bans.
The following Section B. shall apply to the following counties only: Denver, El Paso;
Jefferson, Larimer, Pueblo, Tri-County, and Weld.
B. Asbestos Program
Reimbursement for asbestos inspections shall be limited to activities associated
with demolition or renovation projects.
1. For the purpose of determining asbestos inspection hours, the following
definitions apply:
a. A FULL abatement inspection is one in which the inspector enters the
enclosure, dressed in protective clothing and wearing respiratory
protection, for the purpose of observing work practices and waste
handling techniques.
b. A PARTIAL abatement inspection is one in which the inspector does
not enter containment.
c. A PRE-ABATEMENT inspection is one in which the inspector arrives at
the site after construction of the containment has begun but before
removal, encapsulation or enclosure has begun.
d. A POST-ABATEMENT inspection is one in which the inspector arrives at
the site after the removal, encapsulation or enclosure has been
completed, but before the containment has been taken down. The
inspector must arrive in time to conduct a -complete visual
inspection.
e. A COMPLAINT inspection is one in which the Contractor is
investigating a report of violations or potential violations.
f. A RE-INSPECTION is an inspection conducted for the purpose of
determining whether or not previously encountered violations have
been corrected.
g. INSPECTION RELATED ACTIVITIES include those activities directly
related to an asbestos abatement project that is taking place or may
take place, such as telephone calls, meetings, pre-abatement site
-visits and variance request reviews.
2. Reimbursements shall be based upon asbestos activity hours as shown in the
following table. Exceedance of the maximum reimbursement hours due to
extenuating circumstances for the activities listed under "Follow Up
Enforcement Activities, " must be preapproved in writing by the Division.
Page 3 of a Pages
960739
Reimbursement Hours
Asbestos Activity (permitted or non permitted projects)
Full inspection
All inspections will be credited
Partial inspection in actual inspection hours,
rounded to the nearest quarter
Pre-abatement inspection hour, as shown on either the
inspection report or the Notice
Post abatement inspection of Inspection form submitted
to the Asbestos Unit Leader of
Pre-Demolition inspection the Air Pollution Control
Division.
Complaint inspection
Re-inspection
Attempted inspection Travel time, only, if the attempted inspection is conducted
(contractor not on site) during work hours shown on the notification form and an
inspection report is submitted to the Division
Consulting No credit for consulting
Follow Up
Enforcement Activities Reimbursement hours
Notice of Violation letter Actual time spent, up to 4.0 hours maximum
NOV conference Duration of NOV conference + Travel time
Compliance Determination letter Actual time spent, up to 5.0 hours maximum
Settlement Conference Duration of settlement conference + Travel time
Letter of Inquiry (LOI) Actual time spent, up to 1.5 hour maximum
and "111" Letters
Review of LOI response Actual time spent, up to 2.0 hours maximum
Letter of Admonition (LOA) Actual time spent, up to 1.0 hour maximum
Cease & Desist Order Actual time spent, up to 4.0 hours maximum
Case Review and Assessment Duration of meeting, inspector only + Travel
Board(CRAB) meeting
Adjudicatory Hearing Duration of hearing, plus time spent providing testimony and
depositions + Travel
Page 4 of 8 Pages
960739
3. The maximum number of hours required by the Contract is specified in
Exhibit 2 . A .minimum of 75% of the reimbursable hours mustbe earned
through inspections as defined in Paragraphs III.B.l.a. to III.B.l.f.
above. The Contractor shall not be required to conduct asbestos
activities once the maximum number of hours has been consumed.
4. The Contractor shall inspect a minimum of 70% of the permitted projects
and 50% of the non permitted projects conducted within its jurisdiction in
meeting the total allowable reimbursable hours set forth in Exhibit 2 of
the Contract. The Contractor also agrees to complete a minimum of 85% of
the reimbursable asbestos hours set forth in Exhibit 2. In the event that
the Contractor achieves the total number of reimbursable hours prior to
the end of the contract period the State will apply these minimums to the
projects that have been conducted up to the date on which the maximum
number of hours was realized.
5. The Division shall reimburse the Contractor double the number of activity
hours shown in the Table in Section III.B.2 . of this Scope of Work for any
asbestos activity conducted entirely during off hours, for each inspector.
For the purposes of this Contract, off hours include weekends, official
State holidays, and between the hours of 5:00 P.M. and 6 :00 A.M. weekdays.
6. The Contractor shall respond to all complaints of asbestos-related
activities within the area defined in Paragraph I.D. of the Contract,
unless the State relievesthem of the responsibility.
7. The Contractor shall not be reimbursed for any asbestos related activity
not associated with compliance with Regulation No. 8.
8 . The Contractor shall prepare, in draft form, all asbestos-related
Compliance Documents (CD letters, NOV letters, LOAs and "111" letters) and
forward them to the State for review. The State must, and the Contractor
may, sign all NOVs, LOAs and "111" letters. The State shall transmit them
to the addressee(s) on Colorado Department of Public Health & Environment
letterhead. Letters of Inquiry (LOIs) may be issued with only the
Contractor signature on Contractor letterhead.
9. The Contractor shall co-participate in all NOV conferences, adjudicatory
hearings, and settlement discussions, unless the State relieves them of
the responsibility.
10. The Contractor -must contact the State to justify any single inspection
taking longer than 5 hours.
11. The Contractor agrees not to exceed 30% of the reimbursable hours in any
single quarter in conducting asbestos activities under this Contract.
C. Permits
The Contractor will perform the following services for the State in connection
with the enforcement and administration of the Commission' s Regulations
concerning air pollution emission permits and open burning permits.
1. Issue or deny permits to open burn to individuals making application for
such permits within the area(s) listed in Paragraph I.D. of the Contract
provided that, in cases involving novel or unusual issues or
circumstances, or in cases affecting the State Implementation Plan, the
Contractor shall secure the written approval of the Executive Director of
the Department of Public Health and Environment, or his designee, prior to
issuing or denying permits to open burn.
2. Provide appropriate permit application forms, furnished by the State, to
persons within the area(s) listed in Paragraph I.D. of the Contract who
Page 5 of 8 Pages
960739
•
are subject to the provisions of the Air Quality Control Commission's
Regulation No. 3; review and report to the State on permit applications
submitted by such person within the time deadlines for permit review as
specified in the Act, and on conditions warranting revocation or
modification of existing permits issued pursuant to Regulation No. 3. The
State reserves to the Executive Director of the Department of Public
Health and Environment, or his designee, the authority to issue, deny, or
revoke such permit applications and permits.
3. The Contractor shall conduct final approval inspections and submit the
completed inspection along with the agency's recommendations after
demonstration of compliance and commencement of the full start-up by the
source operation date as submitted by the source.
D. Provide air pollution emission notice forms furnished by the State to sources
within the area(s) listed in Paragraph I.D. of the Contract subject to the
requirements of Section 25-7-114, C.R.S. Completed forms shall be transmitted
to the State for incorporation into the State air pollution emission inventory.
E. The State reserves the right to modify procedures for the enforcement of the
applicable regulations consistent with policy statements issued by the Division
and to provide forms to be used to implement said policy.
F. To enable the Contractor to execute the duties as specified in this Contract, the
Contractor is hereby delegated authority to enter with the consent of the
property owner, or with a warrant if necessary, any public or private property
to .make inspections, conduct tests, or examine books and records. Should a
warrant be necessary to gain access to the property the Contractor shall notify
and obtain the written approval of the party designated in Section I.E. of the
Contract prior to making application for a search warrant to the court.
G. The Contractor shall conduct inspections and provide enforcement and surveillance
of stationary source air conditioning and refrigeration equipment and technicians
that are subject to the provisions of Air Quality Control Commission Regulation
No. 15 within the area(s) listed in Paragraph I.D of the Contract. The
Contractor shall conduct inspections as specified in this Section III.G. of
sources listed in Exhibit 4 which is attached and by this reference made a part
hereof. With the exception of complaints, inspections performed shall be spread
throughout the contract year such that approximately one-fourth of the
inspections are conducted during the first quarter; approximately one-fourth are
conducted during the second quarter; approximately one-fourth are conducted
during the third quarter; and approximately one-fourth are conducted during the
fourth quarter. The Contractor shall perform the following services for the
State with regard to the enforcement of Regulation No. 15 in accordance with the
procedures outlined in Exhibit 5.
1. Verify that technicians are certified under an EPA approved program;
2. Verify that technicians are registered with the Air Pollution Control
Division.
3 . Verify that technicians are properly using -approved recycle/recovery
equipment;
4. Verify that State registered stationary equipment is in compliance with
all of the applicable portions of Regulation No. 15.
5. Notify the State Air Pollution Control Division in writing of all
complaints received.
6 . Investigate complaints that warrant follow-up inspections;
7. With the exception of identifying and locating new sources that meet the
requirements of Regulation No. 15, the contractor shall perform
inspections from lists developed and provided by the Division for the
current contract year.
Page 6 of 8 Pages
960739
8. Notify the State Air Pollution Control Division in writing of any
violators of the requirements of Regulation No. 15.
H. The Contractor shall conduct inspections and provide enforcement and surveillance
of motor vehicle air conditioning and refrigeration repair shops and motor
vehicle salvage facilities which are subject to the provisions of Air Quality
Control Commission (AQCC) regulation No. 15 within the area(s) listed in Section
I.D. of the Contract. With the exception of complaints, inspections of motor
vehicle air conditioning repair shops shall be conducted such that one-half of
the inspections are performed during the second quarter; and one-half of the
inspections are performed during the third quarter. With the exception of
complaints, inspections of motor vehicle salvage facilities shall be spread
throughout the contract year such that approximately one-fourth of the
inspections are conducted during the first quarter; approximately one-fourth of
the inspections are conducted during the second quarter; approximately one-fourth
of the inspections are conducted during the third quarter; and approximately one-
fourth of the inspections are conducted during the fourth quarter. The
Contractor shall perform the following services for the State with regard to the
enforcement of Regulation No. 15 in accordance with the procedures outlined in
Exhibit 5.
1. Verify that technicians are certi-fied under an EPA approved-program;
2. Verify that technicians are registered with the Air Pollution Control
Division.
3. Verify that technicians are properly using EPA approved recycle/recovery
equipment;
4 . Investigate complaints that warrant follow-up inspections; -
5. Notify the State Air Pollution Control Division in writing of any
violators of the requirements of Regulation No. 15.
IV. Emission Inventory
The Contractor shall participate in the update of emission inventory related
information. The Contractor, in the course of continuing inspection and surveillance,
shall make updates to the emission inventory related information, but needs not
quantitatively evaluate the source emissions for purposes of updating the inventory.
The Contractor should evaluate the source emissions to the point of being able to
determine the need for a new air pollution emission notice or if the current Air
Pollution Emission Notice is sufficient.
V. Mobile Source Control Activities
A. The Contractor will assist in performing certain activities related to informing
and educating the public on various aspects of the Automobile Inspection and
Readjustment (AIR) Program and the oxygenated fuels program. Pamphlets,
brochures, and consumer information handbooks may be provided by the State for
distribution by the Contractor.
The following paragraph B. shall apply to the following counties only: Boulder and Weld.
B. The Contractor shall proctor AIR Program mechanic certification testing in
accordance with the schedule to be provided by the State.
The following Section VI. shall apply to the following counties only: Denver, El Paso, Mesa.
VI. Special Project (s)
The Contractor shall perform activities on special projects that are related to
improving air quality in the area(s) listed in Section I.D. of the Contract. These
activities are specified in Exhibit 9, which by this reference, is made a part hereof.
Page 7 of 8 Pages
960739
VII. Reports and Documents
The Contractor shall provide to the State the following reports and documents at the
times indicated.
A. A monthly report of activities for the Contractor's air pollution program using
the form supplied by the State. A monthly report for each preceding month shall
be submitted to the Division the 15th of each subsequent month.
B. Upon request of the State, reports covering specified violations in a form and
manner indicated at the time of the request.
C. Copies of all notices of violation and revocations of Open Burning permits within
seventy-two (72) hours after such notices of violation or revocations are issued.
D. Copies of all field inspection reports for those sources .within the area
specified in Paragraph I.D. of the Contract, as listed in Exhibit 3. All
inspection reports shall be submitted to the State within 45 days of completion
of the inspection.
E. Copies of all permits for open burning issued by the Contractor shall be
submitted on a monthly basis.
F. All asbestos inspection reports shall be completed using the State form or a form
previously approved by the State. All inspection reports shall be submitted to
the State on a monthly basis and received no later than the 15th of the month
following the inspections. Summary sheets, developed by the Division, shall be
submitted with the inspection reports, listing all asbestos related inspections
chronologically and all other asbestos related activities for which the
Contractor is seeking reimbursement.
G. Particulate sample submission reports shall be submitted to the State on a
quarterly basis. These reports may be submitted on the form provided by the
State entitled "Local Agency Particulate Sampler Quarterly Reporting Form" which
is attached and by this reference made a part hereof as Exhibit 6. Or a .monthly
sample log currently in use by the Contractor and approved by the State may be
used in lieu of the State's form. The quarterly reports shall contain an
itemized list of the individual samples collected from each monitoring site and
shall also include the hours earned. These reports shall be submitted to the
State fifteen (15) days following the end of the quarter.
H. All CFC inspections shall be completed on a standardized inspection worksheet
provided by the Division. A written copy of each inspection worksheetshall be
submitted to the Division upon completion of such inspection(s) . Inspection
worksheets shall be submitted to the Division on a monthly basis and received no
later than the 15th day of the following month of the inspection.
All complaints shall be documented on an inspection worksheet or a complaint form
provided by the Division or on a form approved by the Air Pollution Control
Division. All complaint documentation shall be submitted to the Division upon
completion of investigation(s) .
I. A final report, in narrative form, of program accomplishments shall be submitted
as part of the final requests for payment. The final report should include a
summary of the reports previously submitted to the State as required by this
Contract and shall be submitted no later than February 1, 1997.
VIII. Forms and Formats
The Contractor shall use the forms supplied by the State in the performance of the
services as specified in this Contract unless prior written approval is granted by the
State authorizing the use of alternate forms.
B:LWESCOPE.96
Page 8 of 8 Pages
960739
EXHIBIT 2
WORKLOAD ESTIMATES
960739
EXHIBIT 2
1996 WORKLOAD ESTIMATE
WELD COUNTY HEALTH
STATIONARY SOURCE ACTIVITIES
MAJOR SOURCE INSPECTIONS (see attached list) - 17
MINOR SOURCE INSPECTIONS (see attached list) - 102
PORTABLE SOURCES 3
FINAL APPROVAL INSPECTIONS (three-year avg. ) - 22
ENFORCEMENT ACTIVITIES (three-year avg. ) - 9
COMPLAINTS (three-year avg. ) - 251
OPEN BURNING PERMITS (three-year avg. ) - 528
WOOD STOVE DEALER INSPECTIONS (see attached list) - 1
ASBESTOS INSPECTIONS- 85 Hours
TRAINING & CERTIFICATION- 146 Hours
TECHNICAL SERVICE ACTIVITIES
PARTICULATE MONITORS- 3 TSP MONITORS, 240 SAMPLES, 120 HOURS
GASEOUS MONITORS- 1 STATION, 2 MONITORS, 97 HOURS
MOBILE SOURCE ACTIVITIES
PROCTOR TESTING- Proctor certification testing
CFC INSPECTION/COMPLAINT ACTIVITIES - WELD COUNTY
TRAINING 16
ENF/ID 30
MVAC INSPECTIONS- 64
STATIONAY SOURCES EQUIPMENT INSPEC- 13
RETAIL FOOD FACILITIES- 14
STATIONARY SOURCE SHOP INSPECTION 64
TOTAL 201 HOURS
Page 1 of 2
960739
WOODSTOVE DEALER
POULSON HARDWARE
Page 2 of 2
960739
EXHIBIT 3
STATIONARY SOURCES INSPECTION LISTS
960739
•
3 123 0248 ROCKY MOUNTAIN RAILCAR NW/4 SEC1 TIN R65W HUDSON
4 123 0252 WELD COUNTY ROAD&BRIDGE-PETERS PIT COUNTY RD 136.5 AT CNTY RD 69 GREELEY
1 123 0253 WELD COUNTY ROAD&BRIDGE-BASHOR PIT COUNTY RD 87 AT COUNTY RD 118 GREELEY
2 123 0259 KENNETH SCHELL&BILL KOBOBELL 7909 WELD CO. RD 5 LONGMONT
3 123 0262 ROGGEN GAS PROCESSING CO.TAMPA BOOSTE SEC 31 T4N R63W ROGGEN
4 123 0270 KN ENERGY, INC.-NEW RAYMER SITE SEC 22 17N R58W RAYMER
1 123 0285 UNION PACIFIC RES.CO. SEC 9 COMPRESSOR SEC 9 T3N R65W GREELEY
2 123 0286 UNION PACIFIC RES. CO. REEVE 1 41-15 NE/NE SEC 15T4N R65W GREELEY
3 123 0288 UNION PACIFIC RES.CO. UNKNOWN SITE NAME NE/4 SEC 31 T4N R65W GREELEY
4 123 0297 UNION PACIFIC RES. CO. EAST ERIE 1-17 NW/NE SEC 17 TIN R68W DURANGO
1 123 0305 83RD JOINT VENTURE 47TH AVE&F STREET GREELEY
2 123 0315 WELD COUNTY MINING DIVISION SEC 31 T11N R61 WELD COUNTY
3 123 0316 WELD COUNTY MINING DIVISION SEC 1 T8N R61 W WELD COUNTY
4 123 0327 R&R CUSTOM WOODWORKING, INC. 401 17TH ST. GREELEY
1 123 0341 CLARY'S SERVICE INC. HWY 85&BST. AULT
2 123 0367 VESSELS GAS PROCESSING, INC. NE CORNER STATE HWY 7& HURO WELD COUNTY
3 123 0368 ALBERT FREI&SONS, INC. WELD COUNTY RD 4&U.S. HWY 85 WELD COUNTY
4 123 0371 ALL-PRO AUTOBODY 3714 CARSON AVE EVANS
1 123 0376 AMOCO PRODUCTION CO. FORT LUPTON AREA ASSORTED SECS.,T2-4N R63-66W FORT LUPTON
2 123 0378 C& M COMPANIES 1 MILE SE WATTENBERG
3 123 0380 AGLAND INC. SEC 19 T6N R65W EATON
4 123 0381 AGLAND INC. P.O. BOX 338 EATON
1 123 0382 AGLAND INC. SE 1/4 OF SECTION 28 EATON
2 123 0384 AGLAND,INC. NW/4 SEC 6 TEN R65W EATON
3 123 0385 AGLAND INC. NE1/4 OF SE1/4 OF SEC. 18 EATON
4 123 0387 VESSELS OIL&GAS CO.-IONE COMP. STA. SE/SW SEC 8 T2N R66W FORT LUPTON
1 123 0400 STERLING READY-MIX CONCRETE, CO. 0.75 MI S. OF HWY34&WCR 92.5 WELD COUNTY
2 123 0401 TIRE MOUNTAIN, INC. 12311 WELD CTY RD. 41 HUDSON
3 123 0411 MACKENZIE MANUFACTURING 2332 4TH AVE GREELEY
4 123 0412 THERMO GREELEY, INC. 112 MILE S.OF I-85 ON 6TH AVE GREELEY
1 123 0413 GRAY OIL CO. 1100 RAILROAD FORT LUPTON
2 123 0415 AGLAND;INC. SE 1/4. SEC 8, T5N, R65W GREELEY
3 123 0423 SNYDER OIL CORP.-PARKER&PARSLEY CMP.ST SW/4 SE/4 SEC 5 TS3N R63W WELD COUNTY
4 123 0428 WESTERN MOBILE NORTHERN-GREELEY WEST P 1013 N. 25TH AVE GREELEY
1 123 0433 ROCKY MOUNTAIN PRODUCE 6811-WELD COUNTY ROAD 31 FORT LUPTON
2 123 0443 COOLEY GRAVEL COMPANY 2300 COUNTY RD. 20 1/2 LONGMONT
3 123 0453 TWIN PEAKS EXCAVATING, INC. NE/4 SEC 17 T2N R68W LONGMONT
4 123 0456 WELD COUNTY(MINING DIVISION) 83RD AVENUE/WCR 62 GREELEY
1 123 0457 C&-M CONCRETE CO. OF BOULDER COR.WELD RD 6 HIGHWAY 85 NIWOT
(I- Q e6- a, 960739
EXHIBIT 4
CFC INSPECTION LISTS
960739
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NEW SOURCE IDENTIFICATION PROCEDURES EXHIBIT 5
CFC EMISSIONS
1 . LOCAL AGENCIES WILL BE REIMBURSED AT THEIR CURRENT HOURLY RATE
FOR ANY NEW SOURCE IDENTIFICATION.
2 . LOCAL AGENCIES WILL BE REIMBURSED ONLY FOR THOSE NEW SOURCE
IDENTIFICATIONS THAT ARE UNKNOWN TO THE DIVISION.
Page 1 of 1
A:cfcexhib. 96
960739
LOCAL AGENCY PARTICULATE SAMPLER EXHIBIT 6 Colorado Dept of Public Health&Environment
QUARTERLY REPORTING FORM
Au Pollution Control Division
Technical Services Program
YEAR:_ MONTH: LOCAL AGENCY
SAMPLING SITE: PM10 TSP
DATE FILTER ft HRS SPENT COMMENTS(Missed sample,void sample,problem noted)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
FORM TO BE SUBMITTED TO APCD AS AN ATTACHMENT TO TIIE QUARTERLY LOCAL AGENCY VOUCHER.
PAGE 1 OF 1 960739
•
STATE OF COLORADO
Roy Romer,Governor _.(3f-c0t.0
Patti Shwayder,Acting Executive Directorvi
.
b
Dedicated to protecting and improving the health and environment of the people of Colorado „ � ��
• 49 ; r
4300 Cherry Creek Dr.S. Laboratory Building • -
Denver,Colorado 80222-1530 4210 E.11th Avenue *1876
•
Phone(303)692-2000 Denver,Colorado 80220-3716 Colorado Department
(303)691-4700
of Public Health
and Environment
EXHIBIT 7
SAMPLE CONTRACT AMENDMENT LETTER
Date Routing Number
State Fiscal Year 19
CONTRACT AMENDMENT LETTER NO.
In accordance with Paragraph of Contract dated , routing number
contract number FAA AIR (by this reference made a part
hereof) , between the State of Colorado Department of Public Health &
Environment , Air Pollution Control Division and
covering the period 19
through , 19 the undersigned agree that the maximum amount
payable by the State fore the defined services is being by
$ to a new total of $ and is to be spent in the
following manner:
(Description of activity or reference new Scope of Work)
Paragraph is hereby modified accordingly. The terms and conditions of the
original contract shall remain the same.
This amendment to the contract is intended to be effective as of
but in no event shall it be deemed valid until it shall have been approved by the
State Controller or his authorized designee.
Please sign, date, and return all copies of this letter on or before
, 19 to:
Colorado Department of Public Health & Environment
Air Pollution Control Division
4300 Cherry Creek Drive South
Denver, CO 80222-1530
A copy of this letter will be returned to you when it has been fully approved.
Contractor: State of Colorado:
Roy Romer, Governor
By: By:
Name Lee Thielen, Assistant Director
Title for the Executive Director
Colorado Department of Public Health
& Environment
APPROVALS:
By: By:
Program Approval State Controller or Authorized Designee
Page 1 of 1
960739
STATE OF COLORADO
Roy Romer,Governor pt co
Patti Shwayder,Acting Executive Director a4' 7oq.
Dedicated to protecting and improving the health and environment of the people of Colorado „/ ":\�
• 4 C.9
*
4300 Cherry Creek Dr.S. Laboratory Building «�lc • !�a
Denver,Colorado 80222-1530 4210 E.11th Avenue .1876*-
Phone(303)692-2000 Denver,Colorado 80220-3716
(303)691-4700 Colorado Department
of Public Health
EXHIBIT NO. 8 and Environment
SAMPLE RENEWAL LETTER - DONE EACH YEAR
DOES NOT REQUIRE ATTORNEY GENERAL APPROVAL
State Fiscal Year 19
Contact Renewal Letter # Routing # . .
In accordance with Paragraph of Contract dated routing
number , contract number FAA AIR (by this reference made a
part hereof) , between the State of Colorado Department of Public Health &
Environment, Air Pollution Control Division, and County
Health Department covering the period 19 through
19 ("Contract") the undersigned agree the Contract is renewed
for one year, commencing and running through
, and that the allowable administrative costs will be reimbursed
upon the basis of actual documented "out-of-pocket" expenditures or a maximum of
$ per year, which ever is less for the period
through based upon the Scope of Work attached hereto as
Exhibit and made a apart hereof.
Paragraphs is hereby modified accordingly. The terms and conditions
of the Contract shall remain the same other than as expressly modified herein.
This amendment to the Contract is intended to be effective as of / , but
in no event shall it be deemed valid until it shall have been approved by the
State Controller or his authorized designee.
Please sign, date, and return all copies of this letter on or before
, 19 to:
Air Pollution Division Contract Administrator
Colorado Department of Public Health & Environment
4300 Cherry Creek Drive South
Denver, CO 80222-1530
A copy of this letter will be returned to you when it has been fully approved.
Contractor: State of Colorado:
Roy Romer, Governor
By: By:
Name Lee Thielen, Assistant Director
Title for the Executive Director
Colorado Department of Health
APPROVALS:
By: By:
Program Approval State Controller or
Authorized Designee
Page 1 of 1
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Weld County 0-Operating X=Permanently Closed
Code Plant Name Address City
MAJOR SOURCES
123 V 0002 WESTERN SUGAR 1302 1ST AVENUE GREELEY
123 V 0003 EASTMAN KODAK COMPANY 9952 EASTMAN PARK DRIVE WINDSOR
123 V 0005 GOLDEN TECHNOLOGIES COMPANY 8714 HWY 60 JOHNSTOWN
123 V 0018 MONFORT-PACKING DIVISION 100 NORTH 8TH AVENUE GREELEY
123 V 0051 COLORADO INTERSTATE GAS CO.CHEYENNE ST SEC 7 T7N R?W GREELEY
123 V 0074 ASSOCIATED NATURAL GAS INC.SINGLETREE WELD COUNTY FORT LUPTON
123 V 0076 ASSOCIATED NATURAL GAS INC.WEST SPINDLE WELD CO RDS 14&19 FORT LUPTON
123-V 0079 LAIDLAW-DENVER REGIONAL LANDFILL(SOUTH) 1441 WELD COUNTY ROAD 6 ERIE
123 V 0089 GOLDEN ALUMINUM COMPANY 1405 E 14TH ST FORT LUPTON
123 V 0106 PLATTE GAS UNE CO FT LUPTON PLANT 1245 WCR#19 BRIGHTON
123 V 0107 ASSOCIATED NATURAL GAS LUCERNE PLANT 31495 WELD CO RD 43 LUCERNE
123 V 0119 VESSELS GAS PROC LTD.FT LUPTON PROC PLT 1245 WELD COUNTY RD.#19 BRIGHTON
123 V 0121 REGAL FIBERGLASS INC. 455 5TH AVENUE GREELEY
123 V 0140 NORTHERN PRIMING&PRE-STAN,INC. 432 5TH STREET KERSEY
123 V 0258 RR DONNELLEY NORWEST,INC. 259 30TH ST. GREELEY
123 V 0277 SNYDER OIL CORP.ENTERPRISE BOOSTER STA. SW/SW SEC 30 T3N R63W KERSEY
123 V 0422 SNYDER OIL CO.-WEST GAS PLANT SEC 8 T3N R66W WELD COUNTY
MINOR SOURCES
123 0004 BESTWAY PAVING CO BOX 338 GREELEY
123 0006 PURINA MILLS,INC.-LUCERNE MILL 33134 U.S.HIGHWAY 85 LUCERNE
123 0009 MONFORT FEEDLOT#1 28825 HIGHWAY 34 WELD COUNTY
123 0013 WESTERN MOBILE NORTHERN,INC. 1013 N,25TH AVENUE GREELEY
123 0014 PUBLIC SERVICE COMPANY-FT LUPTON SEC 33 T2N R66W FORT LUPTON
123 0024 SNYDER OIL CORP.SOUTHFIELD COMP.STA. SEC 29 T1N R63W ROGGEN
123 0039 FARR FEEDERS INCORPORATED 30130 WELD COUNTY ROAD 49 GREELEY
123 0044 MORNING FRESH FARMS,INC. 15121 WELD COUNTY ROAD 32 PLATTEVILLE
123 0059 KN FRONT RANGE GATHERING CO.HAMBERT ST SEC 36 T4N R66W FORT LUPTON
123 0067 FARMLAND INDUSTRIES,INC.-AULT PLANT 230 FIRST ST WELD COUNTY
123 0069 COLORADO INTERSTATE GAS CO.SPINDLE WCR 19 8 16 GREELEY
123 0071 HYDRAULICS UNLIMITED MFG CO INC 600 OAK STREET EATON
123 0075 ASSOCIATED NATURAL GAS INC.SURREY PLANT WELD COUNTY FORT LUPTON
123 0088 COORS ENERGY-KEENESBURG 13495 WELD COUNTY ROAD#61 KEENESBURG
123 0093 ASSOCIATED NATURAL GAS INC.JOHNSTOWN/BT 36469 WELD COUNTY RD.33 EATON
123 0095 WESTERN MOBILE BOULDER-STROMQUIST PIT 8751 WELD COUNTY LONGMONT
123 0100 ANDESITE ROCK CO. 3457 HWY 119 LONGMONT
123 0114 E&R AGGRAGATES NO STREET ADDRESS PLATTEVILLE
123 0120 TECTONIC CONSTRUCTION COMPANY 12501 WELD COUNTY RD 13 LONGMONT
123 0127 NORTH AMERICAN RESOURCES CO.-ARISTOCRA W2 NE/4 SEC 4 T3N R65W ROGGEN
123 0141 PUBLIC SERVICE COMPANY-YOSEMITE WELD COUNTY ROADS4 8 19 GREELEY
123 0144 LNDLAW-DENVER REGIONAL LANDFILL(NORTH) 1441 WELD COUNTY ROAD 6 ERIE
123 0149 DIVERSIFIED OPERATING CORPORATION SW/SW SEC 22 T8N R58W RAYMER
123 0152 ASSOCIATED NATURAL GAS INC.PANTERA STA. N/2 SEC 21 T7N R61W EVANS
123 0154 CACTUS HILLRANCH 38990 HIGHWAY 257 FORT COLLINS
123 0157 MOUNTAIN VIEW LAMB FEEDERS 11590 WELD COUNTY ROAD 80 EVANS
123 0158 HARPER LIVESTOCK COMPANY 21855 WELD COUNTY ROAD 76 -WELD COUNTY
123 -0161 ASSOCIATED NATURAL GAS NEW RAYMER STA. NE/4 SEC 8 T7N R58W GREELEY
123 0176 BOOTH LAND&LIVESTOCK 5065 COUNTY ROAD 24 LONGMONT
123 0182 LONGMONT FOODS 450 N.FRONT ST WELD COUNTY
123 0186 ANDESITE ROCK CO. 6100 WELD COUNTY ROAD#21 CARR
123 0192 PUBLIC SERVICE COMPANY-CHALK BLUFFS SEC 5 T11 N R66W/65200 HWY 85 CARR
123 0196 ASSOCIATED NATURAL GAS INC.GREASEWOOD SEC 31 T7N R6OW FORT LUPTON
123 0197 ASSOCIATED NATURAL GAS INC.SPEAKER P SEC 27 T8N R61W FORT LUPTON
123 0198 ASSOCIATED NATURAL GAS INC.STEFFAN'N" SEC 34 T9N R58W FORT LUPTON
123 0199 ASSOCIATED NATURAL GAS FINA STATION SEC 21 T7N R59W FORT LUPTON
123 0200 ASSOCIATED NATURAL GAS WILDCAT STATION SEC 2 T5N R59W FORT LUPTON
123 0202 ASSOCIATED NATURAL GAS CO.EAST LATERAL SEC 18 T3N R58W GREELEY
123 0209 WASTE SERVICE-N.WELD SANITARY LANDFILL 40000 WELD COUNTY RD 25 WELD COUNTY
123 0215 NORTHERN COLORADO BRINE 10600 WCR 54 MILLIKEN
123 0220 ASSOCIATED NATURAL GAS INC.MILLER'P' SE/4 SE/4 SEC 3 T8N R58W GREELEY
123 0223 WELD COUNTY ROAD&BRIDGE-LEHR PIT WCR 120 BETWEEN 127 8 128 GREELEY
123 0224 WELD COUNTY ROAD&BRIDGE-EMPKE PIT SEC 12,T10N,R6OW GREELEY
123 0226 WELD COUNTY ROAD&BRIDGE-GEISERT PIT 933 N.11TH AVE GREELEY
123 0236 WESTERN MOBILE BOULDER-HAMM PIT 3029 HWY 119 LONGMONT
123 0244 TROLLCO INC 8200 EASTMAN PKWY WINDSOR
123 0248 ROCKY MOUNTAIN RAILCAR NW/4 SEC1 TIN R65W HUDSON
123 0252 WELD COUNTY ROAD 8 BRIDGE-PETERS PIT COUNTY RD 136.5 AT CNTY RD 69 GREELEY
123 0253 -WELD COUNTY ROAD&BRIDGE-BASHOR PIT COUNTY RD 87 AT COUNTY RD 118 GREELEY
123 0259 KENNETH SCHELL&BILL KOBOBELL 7909 WELD CO.RD 5 LONGMONT
123 0262 -ROGGEN GAS PROCESSING CO.TAMPA BOOSTE SEC 31 T4N R63W ROGGEN
123 0270 KN ENERGY,INC.-NEW RAYMER SITE SEC 22 T7N R58W RAYMER
123 0285 UNION PACIFIC RES.CO.SEC 9 COMPRESSOR SEC 9 T3N R65W GREELEY
123 -0286 UNION PACIFIC RES.CO.REEVE 1 41-15 NE/NE SEC 15T4N R65W GREELEY
123 0288 UNION PACIFIC RES.CO.UNKNOWN SITE NAME NE/4 SEC 31 T4N R65W GREELEY
123 0297 UNION PACIFIC RES.CO.EAST ERIE 1-17 NW/NE SEC 17 T1N R68W DURANGO
123 0305 83RD JOINT VENTURE 47TH AVE 8 F STREET GREELEY
123 0315 WELD COUNTY MINING DIVISION SEC 31 T11N R61N WELD COUNTY
123 0316 WELD COUNTY MINING DIVISION SEC 1 T8N R61W WELD COUNTY
123 0327 R&R CUSTOM WOODWORKING,INC. 401 17TH ST. GREELEY
123 0341 CLARYS SERVICE INC. HWY 85 8 B ST. AULT
123 0367 VESSELS GAS PROCESSING,INC- NE CORNER STATE HWY 7&HURO WELD COUNTY 960739
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123 0368 ALBERT FREI&SONS,INC. WELD COUNTY RD 4&U.S.HWY 85 WELD COUNTY
123 0371 ALL-PRO AUTOBODY 3714 CARSON AVE EVANS
123 0376 AMOCO PRODUCTION CO.FORT LUPTON AREA ASSORTED SECS.,T2-4N R63-66W FORT
123 0378 C&M COMPANIES 1 MILE SE WATTENBERG
123 0380 AGLAND INC. SEC 19 T6N R65W EATON
123 0381 AGLAND INC. P.O.BOX 338 EATON
123 0382 AGLAND INC. SE 1/4 OF SECTION 28 EATON
123 0384 AGLAND,INC. NW/4 SEC 6 T6N R65W EATON
123 0385 AGLAND INC. NE1/4 OFSE1/4 OF SEC.18 EATON
123 0387 VESSELS OIL&GAS CO.-IONE COMP.STA. SE/SW SEC 8 T2N R66W FORT LUPTON
123 0400 STERLING READY-MIX CONCRETE,CO. 0.75 3 M1 I S.LD CTY RD.41 HUDSON
OF HWY 34&WCR 92.5 WELD COUNTY
123 0401 TIRE MOUNTAIN,INC.
123 0411 MACKENZIE MANUFACTURING 2332 4TH AVE GREELEY
123 0412 THERMO GREELEY,INC. 12 MILE S.OF 1-85 ON 6TH AVE GREELEY
123 0413 GRAY OIL CO. 1100 RAILROAD FORT LUPTON
123 0415 AGLAND,INC. SE 1/4,SEC 8,T5N,R65W GREELEY
123 0423 SNYDER OIL CORP.-PARKER&PARSLEY CMP.ST SW/4 SE/4 SEC 5 T53N R63W WELD COUNTY
LD COUNTY
123 0428 WESTERN MOBILE NORTHERN-GREELEY WEST P 1013 N.25TH AVE
123 0433 ROCKY MOUNTAIN PRODUCE 6811 WELD COUNTY ROAD 31 FORT LUPTON
123 0443 COOLEY GRAVEL COMPANY 2300 COUNTY RD. 20 1/2 LONGMONT
123 0453 TWIN PEAKS EXCAVATING,INC. NE/4 SEC 17 T2N R68W LONGMONT
123 0456 WELD COUNTY(MINING DIVISION) 83RD AVENUENJCR 62 GREELEY
123 0457 C&M CONCRETE CO.OF BOULDER COR.WELD RD 6 HIGHWAY 85 NIWOT
. 960739
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Barbara Kirkmeyer, Chair
To Board of County Commissioners Date April 18, V9561;',(
COLORADO TO 11 IT
From
John Pickle, Director, Health Department
Subject: 1996 Air Quality Program Contract
Enclosed for Board approval is the 1996 Air Quality Control Contract between the Weld County
Health Department and the Colorado Department of Health.
Under the provisions of the contract, WCHD will operate an air quality monitoring network,
conduct inspections and provide enforcement and surveillance of stationary sources, conduct
asbestos inspections for demolition or renovation projects, issue or deny permits for open
burning, identify and locate new unpermitted air pollution sources, proctor Automobile
Inspection and Readjustment (AIR) Program mechanic certification tests, and conduct other air
quality program activities.
For these services, the Health Department will receive a sum not to exceed $33, 765.44.
I recommend your approval of this contract.
Enc.
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