HomeMy WebLinkAbout972412.tiffRESOLUTION
RE: APPROVE OFFICE OF ENERGY CONSERVATION GRANT CONTRACT 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 an Office of Energy Conservation Grant
Contract between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Health Department, and the State of Colorado
Office of Energy Conservation, commencing November 1, 1997, and ending November 30,
1998, 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 Office of Energy Conservation Grant Contract between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, on behalf of the Health Department, and the State of Colorado Office of Energy
Conservation 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 17th day of November, A.D., 1997, nunc pro tunc November 1,
1997.
Dale K. Hall
APP
ounty Attorn
D AS TO FO
("4.2 /-/L557
BOARD OF COUNTY COMMISSIONERS
WEL COUNTY,7LORADO
George E. Baxter, Chair
onstance L. Harbept, ro-Tem
/Barbara J. Kirkmeyer
W. H. Webster
(j1
972412
HL0023
361500 EFA
Department or Agency Number
fjb(om
Contract Routing Number
CONTRACT
THIS CONTRACT, made this 16th day of October, 1997, by and between the State of Colorado for the use and
benefit of the Office of Energy Conservation (OEC), a branch of the Governor's Office, hereinafter referred to as the
State, and Weld County, Health Department, 1517 16th Avenue Court, Greeley, Colorado, 80631, hereinafter referred
to as the Contractor.
WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available in
Fund Number 180, Organization Account EAEX, Contract Encumbrance Number C900393, OMB Catalogue Number
81.041; and
WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies;
and
WHEREAS, the State announced the Regional Recycling program in July, 1997, to help Colorado communities
develop programs to enhance regional recycling opportunities throughout Colorado; and
WHEREAS, Contractor timely submitted its response to the announcement; and
WHEREAS, the State, after evaluating all timely, complete and qualified proposals submitted, has determined
Contractor's proposal is the most advantageous to the State, price and other factors considered; and
WHEREAS, Contractor shall establish a composting program and purchase a book -binding cutter in Weld County; and
WHEREAS, Contractor is a political subdivision; and
WIiEPEAS, the Contractor has the expertise and resources necessary to provide the work required by the State.
NOW THEREFORE, it is hereby agreed that,
1. The Program
In consideration of the State's promises hereinafter made, Contractor promises to provide the professional services
necessary to complete the program outlined in this paragraph I, including all tasks, objectives, reporting requirements
and specifications as required herein:
A. Contractor shall establish a composting program in Weld County by completing the following tasks:
i. Hire a Composting Education Technician (CET) by November 15, 1997;
Compile and distribute composting education materials on an ongoing basis;
iii. Conduct a home composter sale event in Greeley by November 1, 1998;
iv. Establish three (3) composter demonstration sites by July 15, 1998;
v. Establish a master composter program by November 15, 1998;
vi. Organize and implement a residential leaf composting program by November 15, 1998; and
vii. Hold composting conference in Weld County by November 1, 1998.
B. Contractor shall purchase a book -binding cutter for use in the regional recycling program by April
30, 1998.
Page 1 of 8 Pages
C. Contractor shall document program progress in quarterly reports.
D. All deliverables will be reviewed and evaluated by OEC's Program Manager and Evaluation
Specialist. OEC's Program Manager will determine final acceptance of deliverables.
2. Reports
A. A Quarterly Report shall be submitted to the State on the twentieth day of the month following the
end of each quarter. Contractor's Quarterly Reports shall be due on the twentieth day each April, July,
October and January during the life of this Contract. The report shall indicate the status of work to be
performed pursuant to this contract and shall indicate clearly whether work is proceeding according to
schedule, ahead of schedule or behind schedule. If the work is behind schedule, Contractor shall immediately
begin implementation of a program to bring work up to schedule.
B. The Quarterly report shall contain a financial report summarizing expenditures on a form to be
provided by the State. Expenditures shall be shown for each line item on a month -by -month basis.
C. Audit Requirements
i. Contractor acknowledges that funds granted under this Contract are Federal funds, and shall
notify its auditors that these funds are subject to audit procedures outlined in OMB Circular A-133.
Contractor shall include the project covered by this Contract in an annual audit report as required by
OMB Circular A-133: organizations with annual expenditures of federal funds of $300,000 or more
must have an audit performed in accordance with OMB Circular A-133; organizations with annual
expenditures of federal funds of less than $300,000 are subject to financial monitoring by the OEC.
ii. Within six months after the end of Contractor's fiscal year, a copy of Contractor's financial
audit shall be filed with the Office of Energy Conservation. Further possible funding under this
Contract or through this agency is contingent upon receipt of Contractor's audit report.
3. Contract Price
In consideration for work and services performed, the State agrees to pay Contractor a total amount not to exceed
Thirty Thousand and no/100 Dollars ($30,000.00). No funds awarded under the terms of this Contract are to be used
for administrative expenses; nor shall these funds be used to supplant existing finding from any source whatsoever.
4. Payments to Contractor shall consist of the following:
A. In conjunction with a report submitted by Contractor on a form provided by the OEC detailing
expenditure of funds provided under this Contract, the State shall pay by warrant on a reimbursement basis on
line item billings per the attached budget, incorporated and made a part hereof, and referenced for
identification as Exhibit A, no more than once a month.
B. The OEC shall withhold payment of the final five percent (5%) of the total Agreement amount until
Contractor has submitted and the OEC has accepted all required financial, progress, evaluation, and
performance reports enumerated in this Agreement or any of its Exhibits or Attachments.
5. Contractor shall follow State fiscal rules for all transactions performed under this Contract.
6. The State may withhold any payment if the Contractor has failed to comply with terms and conditions provided in
this Contract or its attachments.
7. The State, through the Director of the OEC, the State Auditor, or any of their duly authorized representatives,
including an independent Certified Public Accountant of the State's choosing, or the federal government or any of its
properly delegated or authorized representatives, shall have the right to inspect, examine, and audit the Contractor's
(and any subcontractor's) records, books, accounts and other relevant documents. Such discretionary audit may be
requested at any time and for any reason from the effective date of this Contract until five (5) years after the date final
payment for this Project is received by the Contractor, provided that the audit is performed during normal business
hours.
8. To ensure compliance with the Contract, the State, or its authorized representative(s), shall, at any time during
normal business hours, have the right to enter into the Contractor's premises or other places where work under the
Page 2 of 8 Pages
Contract is being performed in order to monitor or otherwise evaluate the work performed or being performed. When
monitoring or evaluation is done by the State on the premises of the Contractor or subcontractor, the Contractor or
subcontractor shall provide all reasonable facilities and assistance for the safety and convenience of the State
representatives in performance of their duties. All monitoring and evaluations shall be performed in such a manner that
they shall not unduly interfere with work under this Contract.
9. No subcontracts shall be made by Contractor with any other party for furnishing any work or services under this
Contract without the consent, and approval of the State other than individual employer -- employee contracts and those
contained in Contractor's Proposal, which by issuance of this Contract receive the State's assent. Contractor shall
request in writing permission to subcontract. The intent of this provision is to allow the State to review any subcontract
that has a significant impact on the project.
10. Contractor represents that it has, or shall secure at its own expense, unless otherwise stated in this Contract or its
attachments, all personnel, as employees of the Contractor, necessary to perform the work and services required to be
performed by the Contractor under this Contract.
11. 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 and shall have no authorization, express or implied, to bind the State to any agreements, settlements, liability, or
understanding except as expressly set forth herein. The Contractor shall be responsible to the State for the ultimate
results of performance required hereunder but shall not be subject to the direction and control of the State as to the
means and methods of accomplishing the results. The specifications in this Contract of particular performance
standards the State deems essential to proper performance and Contract value shall in no event be deemed to alter this
relationship. CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND
INCOME TAX WITHHOLDING INCLUDING ALL FEDERAL AND STATE INCOME TAX ON ANY MONEYS
PAID PURSUANT TO THIS CONTRACT. THE CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE
WORKER'S COMPENSATION (AND SHOW PROOF OF SUCH INSURANCE) AND UNEMPLOYMENT
COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW, AND SHALL BE SOLELY
RESPONSIBLE FOR THE ACTS OF CONTRACTOR, ITS EMPLOYEES AND AGENTS. THE CONTRACTOR
ACKNOWLEDGES THAT CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO THE BENEFITS
OF WORKERS COMPENSATION INSURANCE OR UNEMPLOYMENT INSURANCE UNLESS THE
CONTRACTOR OR A THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT
PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE.
12. If Contractor fails to comply with any contractual provision, the State may, after notice to Contractor, suspend the
Contract and withhold further payments or prohibit the Contractor from incurring additional obligations of contractual
funds, pending corrective action by the Contractor or a decision to terminate in accordance with Paragraph 13 below.
The State may determine to allow such necessary and proper costs which the Contractor could not reasonably avoid
during the period of suspension provided such costs were necessary and reasonable for the conduct of the project.
13. Contract Termination. This Contract may be terminated as follows:
A. Termination for Cause. If, through any cause, the Contractor shall fail to fulfill, in a timely and
proper manner, his obligations under this Contract, or if the Contractor shall violate any of the covenants,
agreements, or stipulations of this Contract, the State shall thereupon have the right to terminate this Contract
for cause by giving written notice to the Contractor of such termination and specifying the effective date
thereof, at least five (5) days before the effective date of such termination. In that event, all finished or
unfinished documents, data, studies, surveys, drawing, maps, models, photographs, and reports or other
material prepared by the Contractor under this Contract shall, at the option of the State, become its property,
and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work
completed on such documents and other materials.
Notwithstanding above, the Contractor shall not be relieved of liability to the State for any damages sustained
by the State by virtue of any breach of the Contract by the Contractor, and the State may withhold any
payment to the Contractor for the purpose of setoff until such time as the exact amount of damages due the
State from the Contractor is determined.
B. Termination for Convenience. The State may terminate this Contract at any time the State
determines that the purposes of the distribution of State monies under the Contract would no longer be served
by the completion of the Project. The State shall effect such termination by giving written notice of
termination to the Contractor and specifying notice of termination to the Contractor and specifying the
effective date thereof, at least twenty (20) days before the effective date of such termination. In that event, all
finished or unfinished documents and other materials as described in Termination for Cause shall, at the option
Page 3 of 8 Pages
of the State, become its property. If the Contract is terminated by the State as provided herein, the Contractor
will be paid an amount which bears the same ratio to the total compensation as the services actually performed
bear to the total service of the Contractor covered by this Contract, less payments of compensation previously
made.
14. Modification and Amendment
A. Modification by Operation of Law. This Contract is subject to such modifications as may be
required by changes in federal or State law or regulations. Any such required modification shall be
incorporated into and be part of this Contract as if fully set forth herein; provided, however, that the Contractor
may immediately terminate this agreement pursuant to the terms of Paragraph 13 B. above if a modification in
law or regulation precludes Contractor from realizing the benefits it expected from this Contract.
B. Programmatic or Budgetary Modifications. Contractor shall follow the revision procedures set forth
below:
i. Contractor must submit a written request to the State and obtain prior written approval from
the State under the following circumstances (written notice of such changes when mutually agreed
upon shall be forwarded to the State Controller):
a) when cumulative budgetary line item changes exceed ten percent (10%) of the
total Contract amount or Ten Thousand Dollars ($10,000.00), whichever is less, except that
Contract total may not increase unless otherwise agreed to by Contractor and State in a
properly executed contract amendment, or when additional or less state funding is needed;
b) when the scope, objective, or completion date of the Project changes, as
determined by the State;
c) under such circumstances, the State's approval is not binding until memorialized in
a contract amendment, as required by State's Fiscal Rules.
C. If either the State or the Contractor desires to modify the terms of this Contract other than as set forth
above, written notice of the proposed modification shall be given to the other party. No modification shall
take effect unless agreed to in writing by both parties in an amendment to this Contract properly executed and
approved in accordance with applicable law.
15. The Contractor and any subcontractors shall credit the Colorado Office of Energy Conservation as a funding source
on all news releases, brochures, technical papers, and other promotional or informational material.
16. This Contract is intended as the complete integration of all understanding between the parties. No prior or
contemporaneous addition, deletion or amendment hereto shall have any force or effect whatsoever, unless embodied 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.
17. Contractor shall submit annually an inventory of equipment acquired with State contract funds which is in the
possession of the Contractor or any subcontractors. When the Contract expires, the Contractor shall report on State
owned equipment as part of closeout. Thereafter, the State shall issue disposition instructions to the Contractor in
accordance with applicable laws and regulations.
18. Contractor shall provide property damage insurance coverage to the limit possible on valuation of equipment
purchased by State funds, including the State owned equipment, until such time as disposition of this equipment is
made.
19. To the extent that this Contract may be executed and performance of the obligations of the parties may be
accomplished within the intent of the Contract, the terms of this Contract are severable, and should any term or
provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the
validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as
waiver of any other term.
20. Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and conditions of
this contract and the exhibits and attachments hereto which may require continued performance or compliance beyond
the termination date of the contract shall survive such termination date and shall be enforceable by the State as provided
herein in the event of such failure to perform or comply by the Contractor or its subcontractors.
Page 4 of 8 Pages
21. The Contractor may not assign its rights or duties under this Contract without the prior written consent of the State.
22. Except as herein otherwise provided, this Contract shall inure to the benefit of and be binding upon the parties
hereto and their respective successors and assigns.
23. The Contractor shall at all times during the execution of this contract strictly adhere to and comply with all
applicable federal laws and regulations, as they currently exist and may hereafter be amended, which are
incorporated herein by this reference as terms and conditions of this contract. The Contractor shall also require
compliance with these statutes and regulations in subgrant agreements permitted under this contract. These federal
laws and regulations include: Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352), Section 16 of the Federal
Energy Administration Act of 1974 (Pub. L. 93-275), Section 401 of the Energy Reorganization Act of 1974 (Pub.
L. 93-438), Title IX of the Education Amendments of 1972, as amended (Pub. L. 92-318, Pub. L. 93-568, and Pub.
L. 94-482), Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112), the Age Discrimination Act of 1977
(Pub. L. 94-135), Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284), the Department of Energy
Organization Act of 1977 (Pub. L. 95-91), the Energy Conservation and Production Act of 1976, as amended, (Pub.
L. 94-385), and Title 10, Code of Federal Regulations, Part 1040. In accordance with the above laws and
regulations issued pursuant thereto, the Contractor agrees to assure that no person in the United States shall, on the
ground of race, color, national origin, sex, age, or disability, be excluded from participation in, be denied the
benefits of, or be otherwise subjected to discrimination under any program or activity in which Contractor receives
Federal assistance from the Office of Energy Conservation.
24. Certifications
A. Suspension and Debarment. The undersigned hereby certifies that to the best of its knowledge
and belief, the Contractor and its principals:
i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any federal department or agency.
ii. Have not within a three year period preceding this contract been convicted of or had a
civil judgment rendered against it for commission of graud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction
or contract under a public transaction; violation of Federal or State antitrust statutes of
commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
iii. Are not presently indicted for, or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local) with commission of any of the offenses enumerated
in paragraph A.H. of this certification; and
iv. Have not within a three year period preceding this contract had one or more public
transactions (Federal, State, or local) terminated for cause or default.
B. Drug Free Workplace. The undersigned certifies that to the best of his or her knowledge and
belief, 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.):
C. Lobbying. The undersigned certifies to the best of his or her knowledge and belief that:
i. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of an
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
ii. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
Page 5 of 8 Pages
ii. The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify
accordingly.
D. This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Section 1352, Title 31, United States Code. Any person who fails
to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more
than $100,000 for each such failure.
25. The term of this Contract shall be the 1st day of November, 1997, through the 30th day of November, 1998. If
Contractor desires an extension of this Contract, extension requests must be submitted in writing to the State forty-five
(45) days prior to Contract end date.
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SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
1 . This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate. This
provision is applicable to any contract involving the payment of money by the State.
FUND AVAILABILITY
2. Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and
otherwise made available.
BOND REQUIREMENT
3. If this contract involves the payment of more than fifty thousand dollars for the construction, erection, repair, maintenance, or improvement of any building, road.
bridge, viaduct, tunnel, excavation or other public work for this State, the contractor shall, before entering upon the performance of any such work included in this
contract, duly execute and deliver to the State official who will sign the contract, a good and sufficient bond or other acceptable surety to be approved by said official
in a penal sum not less than one-half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate surety
conditioned upon the faithful performance of the contract and in addition, shall provide that if the contractor or his subcontractors fail to duly pay for any labor,
materials, team hire, sustenance, provisions, provendor or other supplies used or consumed by such contractor or his subcontractor in performance of the work
contracted to be done or fails to pay any person who supplies rental machinery, tools, or equipment in the prosecution of the work the surety will pay the same in an
amount not exceeding the sum specified in the bond, together with interest at the rate of eight per cent per annum. Unless such bond is executed, delivered and filed,
no claim in favor of the contractor arising under such contract shall be audited, allowed or paid. A certified or cashier's check or a bank money order payable to the
Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance with CRS 38-26-106.
INDEMNIFICATION
4. To the extent authorized by law, the contractor shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages,
liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the contractor, or its employees, agents,
subcontractors, or assignees pursuant to the terms of this contract.
DISCRIMINATION AND AFFIRMATIVE ACTION
5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law respecting
discrimination and unfair employment practices (CRS 24-34-402), and as required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16,
1975. Pursuant thereto, the following provisions shall be contained in all State contracts or sub -contracts.
During the performance of this contract, the contractor agrees as follows:
(a) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, marital status, religion,
ancestry, mental or physical handicap, or age. The contractor will take affirmative action to insure that applicants are employed, and that employees are treated during
employment, without regard to the above mentioned characteristics. Such action shall include, but not be limited to the following: employment upgrading, demotion,
or transfer, recruitment or recruitment advertisings; 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.
(0 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
Page 7 of 8 pages
Form 6 -AC -02B (GEN060197) Revised 06/01/97
By
in accordance therewith, and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order, Equal Opportunity anti
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 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-I9-101 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 othenvise 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 or child support arrearages; (b) unpaid balance of tax, accrued interest, or other charges specified in Article 22, Title 39, CRS; (c) unpaid
loans due to the student loan division of the department of higher education; (d) owed amounts required to be paid to the unemployment compensation fund; and (e)
other unpaid debts owing to the state or any agency thereof, the amount of which is found to be owing as a result of final agency determination or reduced to
judgment as certified by the controller.
10. The signatories aver that they are familiar with CRS 18-8-301, et seq., (Bribery and Corrupt Influences) and CRS 18-8-401, et seq., (Abuse of Public Office), and
that no violation of such provisions is present.
I I. 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.
f
Contractor:
(Full Legal Name) WEItD COUNTY BOA jD OF COMMISS ONERS
State of Colorado
ROY ROMER, GOVERNOR
Position(Title) George E- Baxter. Chair By
If Corporation, To
Attest (Affix Seal)
By
ATTORNEY GENERAL
Clerk to the Board
Gale A. Norton
Form 6 -AC -02C (GEN060197) Revised 06/01/97
dik ge tt.€._
Wade Buchanan
Department
of Office of Energy Conservation
WELD COUifMALIhp&ARIAli I
BY:
APPROVALS
CONTROLLER
By
S. PILE,g M�.S.E.H.
PI 91t®4y cattily this to be
true and exact copy of the
original.
Clifford W. Flab
Page 8 which is the last of 8 pages
EXHIBIT A
BUDGET DETAIL AND JUSTIFICATION
WELD COUNTY, HEALTH DEPARTMENT
OEC EXPENDITURES
PERSONNEL
Salary:
Fringe:
Community Compost Education Technician, 1080 hrs. @ $11.31/hr (0.5 FTE)
Community Compost Education Technician, 25% of salary
SUPPLIES
Home composter sale event supplies and signage for demonstration sites
Master composter program supplies
Residential leaf composting program supplies
EQUIPMENT
Book -Binding cutter
CONTRACTUAL
Compost Market Development Contractor, 40 hours @ $25/hr.
TOTAL OEC EXPENDITURES
MATCHING EXPENDITURES
$12,212.00
$3,053.00
$2,985.00
$250.00
$3,000.00
$7,500.00
$1,000.00
$30,000.00
PERSONNEL
Salary: 148 hrs. @ $25/hr. $3,700.00
Fringe: Indirect costs for Community Compost Education Technician, 4% of loaded salary $611.00
SUPPLIES
Project Supplies
EQUIPMENT
Book -binding cutter cost share
OTHER EXPENDITURES
Rent
$5,000.00
$1,500.00
$718.00
TOTAL MATCHING EXPENDITURES $11,529.00
Page 1 of 2 Pages
EXHIBIT A
Name of Agency or Organization:
Weld County, Health Department
OEC Funding
Contractor
Match
Category
Personnel Services
Personnel/Salaries Only
12,212.00
3,700.00
Fringe
3,053.00
611.00
Supplies
6,235.00
5,000.00
Equipment
7,500.00
1,500.00
Travel
In -State
Out -of -State
Contractual
1,000.00
Other Expenditures
Program Promotion
Training & Conferences
Telephone
Memberships, Registrations
Books, Periodicals, Subscriptions
Official Functions
Rent
718.00
Audit
Total
$30,000.00
$11,529.00
Note: The Contractor is subject to the State Fiscal Rules (as revised September 1997), OMB Circular A-87 (as revised May 1997), and
OMB Circular A110 or A122 depending on which one applies.
Page 2 of 2 Pages
‘vi
COLORADO
mEmORAnDU , It CV
George Baxter, Chairman
To Board of County Commissioners Date November 13,iJL
From U I i a!
John Pickle, Director, Health Department )r,
Subject:
Office of Energy Conservation Grant Contract
Enclosed for Board approval is a contract between Weld County Health Department and the
Office of Energy Conservation (OEC), a branch of the Governor's Office of the State of
Colorado.
This contract is the result of our successful grant application earlier this year for a regional
recycling program. The contract requires the Health Department to establish a composting
program in Weld County by compiling and distributing composting education materials,
conducting a home composter sale event, establishing three composter demonstration sites,
establishing a master composter program, organizing a residential leaf composting program and
holding a composting conference in Weld County. The contract will also provide funding to hire
a half-time composting education technician and to purchase a book -binding cutter for use in the
regional recycling program. For these services, the Health Department will receive an amount
not to exceed $30,000.
The term of the contract is November 1, 1997 through November 30, 1998, and I recommend
your approval.
Enclosure
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