HomeMy WebLinkAbout982183.tiff RESOLUTION
RE: APPROVE CONTRACT AMENDMENT#2 FOR AIR QUALITY CONTROL PROGRAM
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 Contract Amendment#2 for the Air
Quality Control Program between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, on behalf of the Weld County Health
Department, and the Colorado Department of Public Health and Environment, commencing
January 1, 1998, and ending December 31, 1998, with further terms and conditions being as
stated in said amendment, and
WHEREAS, after review, the Board deems it advisable to approve said amendment, 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 Contract Amendment#2 for the Air Quality Control Program between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, on behalf of the Weld County Health Department, and the Colorado Department of
Public Health and Environment be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said amendment.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 9th day of November, A.D., 1998, nunc pro tunc January 1, 1998.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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ATTEST:
Consta ce L. Har rt, Chair
Weld County Clerk tth: . =� -
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^ W. H.HIV bster, Pro-Tem
BY:
Deputy Clerk to the B Aye c-17
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p y G e E!Baxter
A D AS ORM:
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Barbara J. Kirkmeyer
Of .. NA 51°-/C. 982183
HL0024
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Constance Harbert, Chair
To Board of County Commissioners Date November t3LE4 1
COLORADO TO THE L0.' TD
From
John Pickle, Director, Health Department
Subject:
Amendment #2 to Air Oualitv Program Contract
Enclosed for Board review and approval is Amendment#2 to the Air Quality Control Contract
between Weld County Health Department and the Colorado Department of Public Health and
Environment.
The provisions of the amendment will increase the workload and the budget amount with regard
to the operation and maintenance of particulate monitors. The budget for this portion of the
contract will be increased by$2,621.60 for up to 80 additional hours of work at the rate of$32.77
per hour. The revised amount for the contract period of January 1, 1998 through December 31,
1998 will be $41, 182.17.
I recommend your approval of this amendment.
Enc.
982183
Form 6-AC-02A(R 1/88)
Department or Agency Name
COLORADO DEPARTMENT OF
PUBLIC HEALTH AND
ENVIRONMENT
Department or Agency Number
FAA
Contract Routing Number
99-01321
CONTRACT AMENDMENT#2
This AMENDMENT is made this 1st day of August, 1998,by and between the State of Colorado, for the
use and benefit of the DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT,whose
address or principal place of business is 4300 Cherry Creek Drive South,Denver,Colorado 80246,
hereinafter referred to as "the State"; and,WELD COUNTY for the use and benefit of the Health
Department, whose address or principal place of business is 1517 16th Avenue Court,Greeley C;O
80631,hereinafter referred to as "the Contractor".
WHEREAS, as to the State, authority exists in the Law and Funds have been budgeted, appropriated,
and otherwise made available, and a sufficient unencumbered balance thereof remains available for
payment in Fund Number 100 and Appropriation Code 115,under Contract Encumbrance Number
AIR9605019O;
WHEREAS, the parties entered into a contract, dated December 31, 1995, whereby the Contractor was
to provide, to the State, local air pollution enforcement, inspection, and monitoring services;
WHEREAS, as of the effective date of this Amendment,the State has a currently valid Group II
delegation agreement with the Division of Purchasing within the Colorado Department of Personnel;
WHEREAS,the State promises to increase the contract totals in compensation for additional work
performed in the area of particulate monitoring, in exchange for the Contractor's promise to perform 80
hours of PM25 sampling work at the current hourly rate of$32.77; and,
WHEREAS, all required approvals, clearances, and coordinations have been accomplished from and
with all appropriate agencies.
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NOW THEREFORE, in consideration of their mutual promises to each other, hereinafter stated, the
parties hereto agree as follows:
1. Consideration for this Amendment#2 to the Original Contract, contract encumbrance number
AIR9605019 contract routing number 96-05019, consists of the payments and services which
shall be made as determined in this Amendment #2 and the promises and agreements herein set
forth.
2. It is expressly agreed to by the parties that this Amendment#2 is supplemental to the Original
Contract, dated December 31, 1995, contract encumbrance number AIR9605019, contract
routing number 96-05019, as amended by Contract Renewal Letter#1, dated January 1, 1997,
contract encumbrance number AIR 9605019D, contract routing number 97-06428; as amended
by Contract Amendment#1, contract encumbrance number AIR9605019F,contract routing
number 98-07735 and Contract Renewal Letter#2, dated January 1, 1998, contract encumbrance
number AIR9605019M, contract rounting number 98-08270, hereinafter collectively referred to
as the "Original Contract", which is incorporated herein by this reference, made a part hereof,
and attached hereto as "Attachment A". All terms, conditions, and provisions thereof, unless
specifically modified herein, are to apply to this Amendment as though they were expressly
rewritten, incorporated, and included herein.
3. It is agreed to by the parties that the Original Contract is, and shall be, modified, altered, and
changed in the following respects only:
By striking out the following language in paragraph 1, line 8 of Renewal Letter#2:
"to a maximum of$38,560.57"
And substituting:
" to a maximum of$41,182.17"
By striking out the following language in paragraph 2 of Renewal Letter#2
"This contract contains $14,376.44 in federal monies"
And substituting
"This contract contains$16.998.04 in federal monies"
By adding the word `PM10' to lines 1,4,10 of paragraph 6 of Renewal Letter 2 as shown:
"operation and maintenance of PM 10 particulate monitors" (line 1)
"operation and maintenance of PMIO particulate monitors" (line 4)
"operation and maintenance of PM 10 particulate monitors" (line 10)
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By adding the following language to the end of paragraph 6 of Renewal Letter#2:
"For work performed with regard to the operation and maintenance of PM 2.5 monitors,
the Contractor may invoice State for a total not to exceed TWO THOUSAND SIX
HUNDRED TWENTY ONE DOLLARS AND ZERO CENTS ($2,621.60) for up to
80 hours of PM 2.5 training and sampling work. These activities shall be billed at a rate
of$32.77 per hour worked."
By adding a new paragraph to the Special Provisions to read:
"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 21, Title 39, CRS; (c)unpaid loans due to the student loan
division of the department of higher education; (d) owed amounts required to be paid to
the unemployment compensation fund; and(e) other unpaid debts owing to the state or
any agency thereof, the amount of which is found to be owing as a result of final agency
determination or reduced to judgment as certified by the controller. "
4. The effective date of this Amendment is August 1, 1998.
5. Except for the "General Provisions"and"Special Provisions"of the Original Contract, in the
event of any conflict, inconsistency, variance, or contradiction between the terms and provisions
of this Amendment and any of the terms and provisions of the Original Contract, the terms and
provisions of this Amendment shall in all respects supersede, govern, and control. The "Special
Provisions" shall always control over other provisions of the Original Contract or any subsequent
amendments thereto. The representations in the "Special Provisions" to the Original Contract
concerning the absence of bribery or corrupt influences and personal interest of State employees
are presently reaffirmed.
6. FINANCIAL OBLIGATIONS OF THE STATE PAYABLE AFTER THE CURRENT FISCAL
YEAR ARE CONTINGENT UPON FUNDS FOR THAT PURPOSE BEING APPROPRIATED,
BUDGETED, AND OTHERWISE MADE AVAILABLE.
7. THIS AMENDMENT 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.
The Terms and Conditions of the Original Contract shall remain the same other than as expressly
modified herein.
This Amendment to the Original Contract is intended to be effective as of August 1, 1998,but in no
event shall it be deemed valid until it shall have been approved by the State Controller or his authorized
designee.
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Please sign, date, and return all copies of this letter to:
Anastacia J. Nutt
AIR-ADM-B1
Colorado Dept of Public Health& Environment
4300 Cherry Creek Drive S.
Denver, CO 80246
A copy of this letter will be returned to you when it has been fully approved.
Weld County Board
Contractor: of Commissioners State of Colorado:
Weld C my Health Department Roy Romer, Governor_
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tance L. Harbert Name:
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ATTACHMENT A:
ORIGINAL CONTRACT
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