HomeMy WebLinkAbout20231637.tiffRESOLUTION
RE: APPROVE AMENDMENT #1 TO TASK ORDER CONTRACT FOR AIR QUALITY
PROGRAM AND AUTHORIZE CHAIR TO SIGN AND SUBMIT ELECTRONICALLY
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 Amendment #1 to the Task Order
Contract for the Air Quality Program between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, on behalf of the Department of
Public Health and Environment, and the Colorado Department of Public Health and Environment,
commencing July 1, 2022, and ending June 30, 2024, 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 the Amendment #1 to the Task Order Contract for the Air Quality Program
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Public Health and Environment,
and the Colorado Department of Public Health and Environment, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to electronically sign and submit said amendment.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 12th day of June, A.D., 2023, nunc pro tunc July 1, 2022.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: da, „ •.k'llo�
Weld County Clerk to the Board
BY: .1A) GI --
Deputy Clerk to the Board
APP-&OVED
County Attorney
Date of signature: ill Z3I 7-D
Perry L. Bu fc, Pro-Tem
cott K. James
CUSED
in D. Ross
ri Saine
CC: ! -IL
autaias
2023-1637
HL0056
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
TITLE: CDPHE FY23-24 Air Quality Program Contract Amendment #1
DEPARTMENT: PUBLIC HEALTH & ENVIRONMENT DATE: June 2, 2023
PERSON REQUESTING: Jason Chessher, Executive Director
Brief description of the problem/issue:
For the Board's review and approval for placement on the agenda is a continuation contract between the Colorado
Department of Public Health and Environment (CDPHE) and the Board of County Commissioners of Weld County
for the use and benefit of the Weld County Department of Public Health and Environment (WCDPHE) for the air
quality program.
For 25+ years, the Health Department has contracted with the CDPHE to perform air quality -related functions on
their behalf in Weld County. Under the provisions of this task order, the WCDPHE will operate an air quality
monitoring network (particulate and gaseous), conduct inspections, and provide enforcement guidance concerning
stationary sources, issue or deny open burning permits, and respond to complaints. For these services, the
WCDPHE will receive an amount not to exceed $124,105, of which $25,545.36 is federal funding and $98,559.64 is
state funding.
The term of this contract amendment is July 1, 2023, through June 30, 2024. Activities will be conducted by current
staff; no additional FTE is being requested.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
Approval of this contract amendment will provide external funding to pay for program activities and allow staff to
gain expertise related to air quality issues in order to keep the BOCC abreast of issues and trends.
The Weld County Health Department is not required to conduct these functions. However, if the amendment is not
approved, CDPHE staff will be conducting these same activities in our county. Having a county staff member
conduct these activities is recommended as it provides some local input and control. Further, implementation of the
program allows the Health Department to have expertise related to air quality programmatic rules, policies, trends,
etc.
Recommendation: I recommend approval of this continuation contract with CDPHE.
Approve Schedule
Recommendation Work Session Other/Comments:
Perry L. Buck, Pro-Tem
Mike Freeman, Chair
Scott K. James
Kevin Ross
Lori Saine
2023-1637
DocuSign Envelope ID: 1FC1247A-FC9F-45D2-B744-A2206BBCF5AB
CONTRACT AMENDMENT #1
SIGNATURE AND COVER PAGE(S)
State Agency:
Colorado Department Of Public Health and Environment
4300 Cherry Creek Drive South
Denver, Colorado 80246
Original Contract Number:
2023*0567
Contractor:
Board of County Commissioners of Weld County
(a political subdivision of the state of Colorado)
1150 "O" Street
Greeley CO 80631
for the use and benefit of the
Weld County Department of Public Health and Environment
1555 North 17th Avenue
Greeley CO 80631
Amendment Contract Number:
2023*0567 AMD#1
Contract Performance Beginning Date:
July 1, 2022
Current Contract Expiration Date:
June 30, 2024
CONTRACT MAXIMUM AMOUNT TABLE
Document
Type
Contract
Number
Federal
Funding
Amount
State Funding
Amount
Other
Funding
Amount
Term (dates)
Total
Original Contract
2023*0567
$23,327.81
$108,277.98
$0.00
7/1/22-6/30/23
$131,605.79
Option Letter #1
2023*0567
Option Letter #1
$0.00
($957.74)
$0.00
4/21/23-6/30/23
($957.74)
Amendment #1
2023*0567
Amendment #1
$25,545.36
$98,559.64
$0.00
7/1/23-6/30/24
$124,105.00
Current Contract Maximum
Cumulative Amount
$254,753.05
Page 1 of 4
Amendment Contract Number: 2023'0567 Amendment #1
Ver01.11.19
aoao- /&3i
DocuSign Envelope ID: 1FC1247A-FC9F-45D2-6744-A2206BBCF5AB
SIGNATURE PAGE
THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT
Each person signing this Amendment represents and warrants that he or she is duly authorized to execute this Amendment
and to bind the Party authorizing his or her signature.
CONTRACTOR
Board of County Commissioners of Weld County
(a political subdivision of the state of Colorado)
for the use and benefit of the
Weld County Department of Public Health and
Environment
e -DocuSigned by:
A&&t,'rt,t maan.
`—'"4b,cssanc4A/...
By: Signature
Mike Freeman
Name of Person Signing for Contractor
Chair, Commissioners
Title of Person Signing for Contractor
Date:
2023-06-12
STATE OF COLORADO
Jared S. Polis, Governor
Colorado Department of Public Health and Environment
Jill Hunsaker Ryan, MPH, Executive Director
DocuSigned by:
()Sa. ltd, -but nA,
,---ZtUI-11/0/VIA/U4,..
By: Signature
Lisa McGovern
Name of Executive Director Delegate
Procurement & contracts Section Director ft
Title of Executive Director Delegate
Date:
2023-06-12
In accordance with §24-30-202 C.R.S., this Contract is not valid until signed and dated below by the State Controller or
an authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
r-DocuSigned by:
jaan.ln t W, S.0041Filith
By: Signature
Jannette Scarpino
Name of State Controller Delegate
chief Financial Officer
Title of State Controller Delegate
Amendment Effective Date:
2023-06-12
-- Signature and Cover Pages End --
Page 2 of 4
Amendment Contract Number: 2023*0567 Amendment #1
Ver. 06.05.20
DocuSign Envelope ID: 1FC1247A-FC9F-45D2-B744-A2206BBCF5AB
1. PARTIES
This Amendment (the "Amendment") to the Original Contract shown on the Signature and Cover
Page for this Amendment (the "Contract") is entered into by and between the Contractor, and the
State.
2. TERMINOLOGY
Except as specifically modified by this Amendment, all terms used in this Amendment that are
defined in the Contract shall be construed and interpreted in accordance with the Contract.
3. AMENDMENT EFFECTIVE DATE AND TERM
A. Amendment Effective Date
This Amendment shall not be valid or enforceable until the Amendment Effective Date
shown under the State Controller Signature. The State shall not be bound by any provision of
this Amendment before that Amendment Effective Date, and shall have no obligation to pay
Contractor for any Work performed or expense incurred under this Amendment either before
or after of the Amendment term shown in §3.B of this Amendment.
B. Amendment Term
The Parties' respective performances under this Amendment and the changes to the Contract
contained herein shall commence on the Amendment Effective Date shown under the State
Controller Signature or July 1, 2023, whichever is later, and shall terminate on the
termination of the Contract or June 30, 2024, whichever is earlier.
4. PURPOSE
The Parties entered into the agreement to perform air pollution monitoring activities, including
inspections, complaint investigations, open burning permits, training, particulate monitoring and
CFC activities.
The Parties now desire to renew for an additional term and change current Contract Maximum
Total for the following reason: to extend for an additional term.
5. MODIFICATIONS
The Contract and all prior amendments thereto, if any, are modified as follows:
A. The Contract Maximum Amount table is deleted and replaced with the Current Contract
Maximum Amount table shown on the Signature and Cover Page for this Amendment.
B. The Contract Initial Contract Expiration Date on the Contract's Signature and Cover Page
is hereby deleted and replaced with the Current Contract Expiration Date shown on the
Signature and Cover Page for this Amendment.
C. The Parties now agree to modify Exhibit, B, Statement of Work of the agreement. Exhibit,
B, Statement of Work, is deleted and replaced in its entirety with Exhibit, B, Statement of
Page 3 of 4
Amendment Contract Number: 2023*0567 Amendment #1 Ver 27.01.20
DocuSign Envelope ID: 1FC1247A-FC9F-45D2-B744-A2206BBCF5AB
Work, attached to this Amendment for the following reason: to modify activities for
renewal period.
D. The Parties now agree to modify Exhibit, C, Budget of the agreement. Exhibit, C, Budget,
is deleted and replaced in its entirety with Exhibit, C, Budget, attached to this Amendment
for the following reason: to modify budget for renewal period.
6. LIMITS OF EFFECT AND ORDER OF PRECEDENCE
This Amendment is incorporated by reference into the Contract, and the Contract and all prior
amendments or other modifications to the Contract, if any, remain in full force and effect except
as specifically modified in this Amendment. Except for the Special Provisions contained in the
Contract, in the event of any conflict, inconsistency, variance, or contradiction between the
provisions of this Amendment and any of the provisions of the Contract or any prior modification
to the Contract, the provisions of this Amendment shall in all respects supersede, govern, and
control. The provisions of this Amendment shall only supersede, govern, and control over the
Special Provisions contained in the Contract to the extent that this Amendment specifically
modifies those Special Provisions.
Page 4 of 4
Amendment Contract Number: 2023"0567 Amendment 141 vet- 27.01.20
DocuSign Envelope ID: 1FC1247A-FC9F-45D2-8744-A2206BBCF5AB
EXHIBIT A
ADDITIONAL PROVISIONS
To Original TO Contract Routing Number 2023*0567
These provisions are to be read and interpreted in conjunction with the provisions of the Task Order Contract specified above.
1. This Task Order Contract contains federal funds (see Catalog of Federal Domestic Assistance (CFDA)
number 66.034).
2. The United States Department of Environmental Protection Agency ("USEPA"), through the PM 2.5 103
grant has awarded as of [TBD] anticipated federal funds of [TBD] under Notice of Cooperative Agreement
Award, hereinafter "NCAA", number [TBD], to perform the following — air pollution monitoring activities,
including particulate monitoring (PM2.5).
If the underlying Award authorizes the State to pay all allowable and allocable expenses of a Contractor as
of the Effective Date of that Award, then the State shall reimburse the Contractor for any allowable and
allocable expenses of the Contractor that have been incurred by the Contractor since the proposed Effective
Date of this Task Order Contract. If the underlying Award does not authorize the State to pay all allowable
and allocable expenses of a Contractor as of the Effective Date of that Award, then the State shall only
reimburse the Contractor for those allowable and allocable expenses of the Contractor that are incurred by
the Contractor on or after the Effective Date of this Task Order Contract, with such effective date being the
later of the date specified in this Task Order Contract or the date the Task Order Contract is signed by the
State Controller or delegee.
3. To receive compensation under the Contract, the Contractor shall submit a signed Quarterly Invoice Form.
This form is titled "Air Pollution Control Division (APCD) Custom Invoice for Locals" and will be sent to
you electronically (See Sample Contract Reimbursement Statement Exhibit C Budget) and is accessible
from the CDPHE internet website https://www.colorado.gov/pacific/cdphe/standardized-invoice-form-and-
links the form is incorporated and made part of this Contract by reference. The Invoice Form must be
submitted no later than forty-five (45) calendar days after the end of the billing period for which services
were rendered. Expenditures shall be in accordance with the Statement of Work and Budget. The
Contractor shall submit the invoice using the method listed below.
Scan the completed and signed Reimbursement Invoice Form into an electronic document. Email the
scanned invoice to:
APCD Fiscal Staff, cdphe_apcd_fiscal@state.co.us
Final billings under the Contract must be received by the State within a reasonable time after the expiration
or termination of the Contract; but in any event no later than forty-five (45) calendar days from the
effective expiration or termination date of the Contract.
Unless otherwise provided for in the Contract, "Local Match", if any, shall be included on all invoices as
required by funding source.
The Contractor shall not use federal funds to satisfy federal cost sharing and matching requirements unless
approved in writing by the appropriate federal agency.
4. Time Limit For Acceptance Of Deliverables.
Evaluation Period. The State shall have thirty (30) calendar days from the date a deliverable is
delivered to the State by the Contractor to evaluate that deliverable, except for those deliverables
that have a different time negotiated by the State and the Contractor.
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Amendment Contract Number: 2023 *0567 Amendment #1 Ver. 11.30.21
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EXHIBIT A
b. Notice of Defect. If the State believes in good faith that a deliverable fails to meet the design
specifications for that particular deliverable, or is otherwise deficient, then the State shall notify
the Contractor of the failure or deficiencies, in writing, within thirty (30) calendar days of: 1) the
date the deliverable is delivered to the State by the Contractor if the State is aware of the failure or
deficiency at the time of delivery; or 2) the date the State becomes aware of the failure or
deficiency. The above time frame shall apply to all deliverables except for those deliverables that
have a different time negotiated by the State and the Contractor in writing pursuant to the State's
fiscal rules.
c. Time to Correct Defect. Upon receipt of timely written notice of an objection to a completed
deliverable, the Contractor shall have a reasonable period of time, not to exceed thirty (30)
calendar days, to correct the noted deficiencies.
5. Health Insurance Portability and Accountability Act (HIPAA) Business Associate Determination. The State
has determined that this Contract does not constitute a Business Associate relationship under HIPAA.
6. This award does not include funds for Research and Development.
7. Contractor shall request prior approval in writing from the State for all modifications to the Statement of
Work/Work Plan, or for any modification to the budget categories in the total budget.
Contractor shall request prior approval in writing from the State for all modifications to the budget. Any
request for modifications to the Budget shall be submitted to the State at least ninety (90) days prior to the
end of the contract period and will require contract modification.
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Amendment Contract Number: 2023*0567 Amendment #1
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EXHIBIT B
STATEMENT OF WORK
To Original Task Order Number 2023*0567
These provisions are to be read and interpreted in conjunction with the provisions of the contract specified above.
I. Entity Name: Weld County Department of Public Health and Environment
II. Project Description:
This project serves to allow the Contractor to perform the following air pollution activities acting as a
delegated agent of the Air Pollution Control Division (APCD): Conducting inspections, records review and
compliance evaluations of sources of air pollution emissions; Responding to and investigating stationary
source complaints; Administering an open burning permit program; Conducting routine and complaint
inspections to verify compliance with the chlorofluorocarbon (CFC) Program; Conducting air monitoring
site visits to perform operation, maintenance and repairs on air toxics samplers and particulate samplers.
This is an environmental project that will benefit the citizens of the state of Colorado by determining
compliance with the Clean Air Act and Colorado Air Quality Control Commission regulations to protect
public health. Reducing pollution and improving air quality is a key part of the strategic plan for the
Colorado Department of Public Health and Environment, with a vision of making Colorado the healthiest
state with the highest quality environment. This project is one part of an ongoing statewide effort to
accomplish this vision.
III. Definitions:
I. APCD — Air Pollution Control Division
2. CDPHE - Colorado Department of Public Health and Environment
3. CFC — Chlorofluorocarbon is used in this document to refer to ozone depleting compounds regulated
by Colorado's Air Quality Control Commission's Regulation number 15 — Control of Emissions of
Ozone -Depleting Compounds
4. CFR - Code of Federal Regulations
5. COC - Chain -of -Custody
6. EPA — U.S. Environmental Protection Agency
7. FDS/COC - Field Data Sheet/Chain of Custody contains monitoring instrument information associated
with filter ID's used to validate data and determine the volume and concentration of PM
8. GRIMM or GRIMM EDM 180 — Continuous particulate sampler.
9. Hi -Vol - PM!: filter based monitors with a high volume flow rate (1.132 m3/min or 1132 L/min)
10. ID - Filter identification number
11. Low -Vol - Low -Volume filter samplers, refers to the flow rate of the monitoring instrument (16.7
LPM)
12. LPM — Liters per minute
13. LSD — Laboratory Services Division -Air Resources Laboratory
14. NSID - New source identification
15. PM - Particulate Matter
16. PM, - Particulate matter or particles in ambient air less than two point five (2.5) micrometers in
aerodynamic diameter
17. PM. - Particulate matter or particles in ambient air less than ten (10) micrometers in aerodynamic
diameter
18. PSFE - Particulate Sampling Field Envelopes, which also serves as the COC form for each PM!: sample
19. SASS - A speciation monitor from Met One Instruments Inc. that samples for PM2.5 mass and trace
metals via (Na to Pb) in one channel and PM2.5 sulfate, nitrate and other ions nitrate ions in another
channel
20. SOP - Standard Operating Procedure
21. STN - Speciation Trends Network
22. Tare filter - clean un-sampled filter that has been equilibrated and pre -weighed by a contract laboratory
23. URG 3000 N — A speciation monitor from University Research Glass that samples for PM2.5 carbon
species
Page 1 of 9
Amendment Contract Number: 2023*0567 Amendment 141 Ver. 01.11.19
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EXHIBIT B
IV. Work Plan:
Goal: To improve and protect the air quality in Colorado through the development and implementation of cost-effective
and efficient air pollution control measures that are consistent with the requirements of state and federal law.
Objective #1: (Stationary Sources) No later than the expiration date of this contract, the Contractor shall inspect
stationary sources in Colorado for compliance with applicable statutes, emission control regulations and emission permit
conditions.
Primary Activity #1
The Contractor shall conduct inspections.
Sub -Activities #1
1. The Contractor shall conduct the total number of inspections as stated in the Budget, for
compliance.
a. The current inspection list can be found in the CACTIS database, which can be
accessed at https://remote.dphe.state.co.us/RDWeb/Pages/en-
US/login.aspx?ReturnUrl=/RDWeb/Pages/en-US/Default.aspx. Changes to the list may
occur during the contract year without modifying the contract so long as the change is
for an equivalent source type (e.g. minor source for minor source) and the Division
approves the change prior to adjusting the list.
2. The Contractor shall recommend enforcement of sources.
3. The Contractor shall provide surveillance of sources.
4. The Contractor shall investigate complaints within the Contractor's jurisdiction as
appropriate.
a. The Contractor shall perform site visits to the location of the complaint.
b. The Contractor shall enter all complaints into the Stationary Source Program's CACTIS
database using VMware View Client software (previously installed with the Contractor)
noting:
i. the date of the complaint,
ii. source of the complaint,
iii. the complainant's information,
iv. subsequent investigation of the complaint, and
v. resolution of the complaint.
c. The Contractor shall pursue enforcement actions when dictated by inspections or
complaint investigations.
i. All data and information gathered by the Contractor that shows the source may
be violating any applicable statute, air quality control regulation, or permit
condition shall be transmitted to APCD electronically by the Contractor for
review and follow up by APCD.
ii. APCD will work with the Contractor in the issuance of all Compliance
Advisories, Notices of Violation (NOV), Compliance Orders, or Early
Settlement Agreements as appropriate and to the extent feasible.
5. The Contractor shall provide air pollutant emission notice forms and emission permit
application forms to sources within their appropriate area(s).
a. These forms can be downloaded from the APCD's website at
https://cdphe.colorado.gov/apens-and-air-permits and are incorporated and made part of
this contract by reference.
b. The Contractor shall transmit completed forms to the APCD Field Services Contract
Coordinator.
Primary Activity #2
The Contractor shall review permit requests from individuals to open burn.
Sub -Activities #1
The Contractor shall issue or deny permits to open burn to individuals within the Contractor's
jurisdiction.
Primary Activity #3
The Contractor shall conduct training as required for performance of the activities above.
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EXHIBIT B
Objective #2: (Air Monitoring) No later than the expiration date of this contract, support air quality compliance through
monitoring of air pollutants.
Primary Activity #1
The Contractor shall conduct continuous particulate monitoring.
1. The Contractor shall conduct routine site visits.
Sub -Activities #1
2. The Contractor shall conduct non -routine site visits.
3. The Contractor shall conduct troubleshooting.
4. The Contractor shall complete training.
Primary Activity #2
The Contractor shall conduct filter particulate monitoring.
1. The Contractor shall conduct routine site visits.
Sub -Activities #2
2. The Contractor shall conduct non -routine site visits.
3. The Contractor shall conduct troubleshooting.
4. The Contractor shall complete training.
Primary Activity #3
The Contractor shall conduct PM2.5 speciation monitoring.
1. The Contractor shall conduct routine site visits.
Sub -Activities #3
2. The Contractor shall conduct non -routine site visits.
3. The Contractor shall conduct troubleshooting.
4. The Contractor shall complete training.
Objective #3: (CFC Program) No later than the expiration of this contract, evaluate compliance with applicable statutes
and AQCC Regulation No. 15.
Primary Activity #1
The Contractor shall conduct inspections.
1. The Contractor shall conduct inspections of stationary source air conditioning and
refrigeration equipment and technicians that are subject to the regulation.
2. The Contractor shall conduct inspections of stationary source refrigeration equipment sites
that are subject to the regulation.
Sub -Activities #1
3. The Contractor shall conduct inspections of stationary source technician facilities that are
subject to the regulation.
4. The Contractor shall conduct inspections of motor vehicle air conditioning and refrigeration
repair shops that are subject to the regulation.
5. The Contractor shall conduct inspections of motor vehicle salvage facilities that are subject
to the regulation.
6. The Contractor shall investigate complaints that require follow-up inspections.
1. The content of electronic documents located on CDPHE and non-CDPHE websites and
information contained on CDPHE and non-CDPHE websites may be updated periodically
during the contract term. The Contractor shall monitor documents and website content for
updates and comply with all updates.
2. The Contractor shall notify APCD Program Contract Monitors at least 30 days prior to
exceeding any budget tasks/activities outlined in the contract.
Standards and
Objective 1: Stationary Sources
Requirements
1. The Contractor shall perform compliance inspections to verify that the sources comply with
AQCC Regulation Nos. 1, 2, 3, 6, 7, and 8E, https://cdphe.colorado.gov/aqcc-regulations,
which are incorporated and made part of this Contract by reference.
2. Air pollutant emission notice forms and emission permit application forms are available
from the APCD website https://cdphe.colorado.gov/apens-and-air-permits, which is
incorporated and made part of this contract by reference.
3. The Contractor shall assist the division in any enforcement actions related to their sources to
the extent feasible.
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EXHIBIT B
4. Contractor shall perform site visits to the air pollution emission sources to fulfill the
inspection requirements for the current contract year.
5. The Contractor shall verify that employees who provide odor and opacity violation
inspections attend the required certification sessions provided by APCD during the contract
period in accordance with the Stationary Sources Program Training Plan.
6. The Contractor shall verify to the extent practicable, a State Certified Opacity and Odor
Observer is on staff at all times.
7. The Contractor shall comply with inspections and inspection reports be of Full Compliance
Evaluation quality, as described in EPA's Clean Air Act Stationary Source Compliance
Monitoring Strategy, July, 2014. The most recent version of this document was sent via e-
mail to the Contractor.
8. The Contractor shall comply that all inspections be submitted using Microsoft (MS) Word
2000® software or subsequent newer versions of this software.
9. The Contractor shall issue burn permits according to policies issued by APCD in connection
with the enforcement and administration of the Air Quality Control Commission's
Regulations Nos. 1 through 9 https://cdphe.colorado.gov/apens-and-air-permits concerning
air pollution emission permits and open burning permits, which is incorporated and made
part of this Contract by reference.
10. The Contractor shall comply that all monthly reports for the Field Services Unit be
submitted electronically in a format specified by APCD.
11. APCD reserves the right to modify procedures for the enforcement of the applicable
regulations consistent with policy statements issued by APCD and to provide forms to be
used to implement said policy.
12. 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,
to public or private property to make inspections, conduct tests, or examine books and
records.
13. In the event that a warrant is required to gain access to the property, the Contractor shall
notify APCD and obtain written approval prior to making application for a search warrant to
the court.
Objective 2: Air monitoring
1. The Contractor shall perform work in accordance with the APCD Technical Services
Program Quality Assurance Project Plan and associated Standard Operating Procedures,
available on the Colorado Air Quality website at
https://www.colorado.gov/airquality/tech doc repository.aspx and are incorporated and
made part of this contract by reference.
2. The Contractor shall perform work in accordance with the following which are incorporated
and made part of this contract by reference:
a. CFR Title 40 Part 50. https://www.ecfr.gov/ cgi-bin/text-
idx?tp1=/ecfrbrowse/Title40/40cfr50 main 02.tpl
b. CFR Title 40 Part 58. https://www.ecfr.gov/cgi-bin/text-
idx?tp1=/ecfrbrowse/Title40/40cfr58 main 02.tpl
3. The Contractor shall perform work on analyzers in accordance with manufacturer
Operator/User Manuals.
4. All employees that provide maintenance to air monitoring systems shall be trained
following APCD SOPs and manufacturer manuals.
5. The Contractor shall notify the APCD within 24 hours, on business days, of any
analyzer/sensor/sampler malfunctions or other critical problem by phone.
a. Issues shall be documented on site log forms.
b. Additional documentation can be sent by email.
6. The Contractor shall conduct continuous particulate air monitoring for PM2.5 using a
GRIMM EDM 180 instrument and a Teledyne T640:
a. Location: Greeley Hospital site, Platteville/South Valley Middle School site.
b. The APCD will provide local operator training, log sheets, sampler and site
operational supplies and expendables (i.e. sampler filters and cleaning supplies).
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EXHIBIT B
c. Routine visits:
i. One visit during each calendar week;
ii. Perform a site and sampler inspection during each site visit;
iii. Document all site visit information on the APCD provided "Sampler
Verification Form".
d. Non -routine site visits:
i. As needed, on request from APCD:
ii. As needed, to perform repairs;
iii. Within 1 week of repair parts being obtained;
iv. Document all site visit information on the APCD provided "Sampler
Verification Form".
e. Troubleshooting:
i. Provide troubleshooting support via telephone or email;
ii. Perform equipment fault troubleshooting in consultation with the Technical
Staff;
iii. Perform minor repairs (e.g., modem resets, leaks, software resets);
iv. Coordinate with the APCD TSP on major repairs (e.g., boards, cells,
detectors).
f. Training:
i. The Contractor shall attend all instructional trainings as provided by the
APCD;
ii. The Contractor shall notify APCD's TSP Supervisor when new employees and
interns are to be trained for work under this work plan.
7. The Contractor shall conduct filter particulate air monitoring for PM2.5 using a Low -Vol
sampler:
a. Location: Platteville/South Valley Middle School site.
b. The APCD will provide local operator training, log sheets, sampler and site
operational supplies and expendables (e.g., sampler filters and cleaning supplies)
c. Routine visits:
i. Two visits during each calendar week;
ii. Follow the EPA national every -sixth -day sampling schedule as provided by
APCD or the designated analytical laboratory;
iii. Install tare filters;
iv. Program the start data;
v. Retrieve sampled filters;
vi. Record the final sample run data after sampling has been completed on the
APCD provided FDS/COC form;
vii. Ship sampled filters and data via FedEx Overnight to the designated laboratory
once every two weeks using the supplies provided by the APCD;
viii. Perform a site and sampler inspection during each site visit;
ix. Perform the "Every 4 -Week Verification Procedures" as described in the
SOPs;
x. Record all pertinent data on the APCD provided Sampler Verification Form;
xi. Inspect the continuous in -line filters and change any filter when it appears dark
gray or black in appearance. At a minimum filters shall be replaced at least
once every six months;
xii. Perform other SOP -required maintenance on samplers, supporting equipment
and site.
d. Non -routine site visits:
i. As needed, on request from APCD;
ii. As needed, to perform repairs;
iii. Document all site visit information on the Sampler Verification form.
e. Troubleshooting:
i. Provide troubleshooting support via telephone or email;
ii. Perform equipment fault troubleshooting in consultation with the APCD PMU
Technical Staff;
Page 5 of 9
Amendment Contract Number: 2023*0567 Amendment #1
Ver. 01.11.19
DocuSign Envelope ID: 1FC1247A-FC9F-45D2-B744-A2206BBCF5AB
EXHIBIT B
iii. Perform minor repairs (e.g., modem resets, sample line leaks, change filters,
clean fans, software resets);
iv. Coordinate with the APCD PMU on major repairs (e.g. boards, pumps,
sensors).
f. Training:
i. The Contractor shall attend all instructional trainings as provided by the
APCD;
ii. The Contractor shall notify APCD's PMU Supervisor when new employees
and interns are to be trained for work under this work plan.
8. The Contractor shall conduct PM2.5 speciation sampling:
a. Location: Platteville/South Valley Middle School site.
b. The APCD will provide local operator training, log sheets, sampler and site
operational supplies and expendables (e.g., sampler filters and cleaning supplies).
c. Routine visits:
i. One visit between each sample day, correlating visits with PM2.5 low-vol
sampling;
ii. Follow the EPA national every -sixth -day sampling schedule as provided by
APCD or the designated national analytical laboratory;
iii. Install 3 sets of tare filters into three different sampling modules;
iv. Program the start data into the SASS sampler;
v. Program the start data into the URG 3000 N sampler;
vi. Retrieve sampled filters;
vii. Ship the three modules containing sampled filters and data via UPS overnight
to the contracted national laboratory once every six days as per the federal
EPA Speciation sampling calendar using the supplies provided by the
laboratory;
viii. Record all pertinent data on the laboratory provided PM2.5 CSN Custody and
Field Data Forms;
ix. Perform a site and sampler inspection during each site visit;
x. Perform other SOP required maintenance on samplers, supporting equipment
and site;
d. Non -routine site visits:
i. Provide troubleshooting support via telephone or email;
i. As needed, to perform repairs;
ii. Document all site visit information on the sample forms.
e. Troubleshooting:
i. Provide troubleshooting support via telephone or email;
ii. Perform equipment fault troubleshooting in consult with the APCD PMU
Technical Staff;
iii. Perform minor repairs (e.g., modem resets, sample line leaks, change filters,
clean fans, software resets);
iv. Coordinate with the APCD PMU on major repairs (e.g., pumps, boards,
sensors).
v. Two visits during each calendar week;
vi. Follow the EPA national every -sixth -day sampling schedule as provided by
APCD or the designated analytical laboratory;
vii. Install tare filters;
viii. Program the start data;
ix. Retrieve sampled filters;
x. Record the final sample run data after sampling has been completed on the
APCD provided FDS/COC form;
xi. Ship sampled filters and data via FedEx Overnight to the designated laboratory
once every two weeks using the supplies provided by the APCD;
xii. Perform a site and sampler inspection during each site visit;
Page 6 of 9
Amendment Contract Number: 2023*0567 Amendment #1
Ver.01.11.19
DocuSign Envelope ID: 1FC1247A-FC9F-45D2-8744-A2206BBCF5AB
EXHIBIT B
xiii. Perform the "Every 4 -Week Verification Procedures" as described in
the SOPs;
xiv. Record all pertinent data on the APCD provided Sampler Verification
Form;
xv. Inspect the continuous in -line filters and change any filter when it appears dark
gray or black in appearance. At a minimum filters shall be replaced at least
once every six months;
xvi. Perform other SOP -required maintenance on samplers, supporting
equipment and site.
f. Training:
i. The Contractor shall attend all instructional trainings as provided by the
APCD;
ii. The Contractor shall notify APCD's PMU Supervisor when new employees
and interns are to be trained for work under this work plan.
Objective 3: CFC Program
1. The Contractor shall evaluate compliance with Sections 25-7-105 through 25-7-109, C.R.S.
and the Air Quality Control Commission (AQCC) Regulation No. 15
https://cdphe.colorado.gov/aqcc-regulations which is incorporated and made part of the
Contract by reference.
2. The Contractor shall perform inspections at sites listed in the CFC application at
https://cdphe-cfc.appspot.com/, as well as at any newly identified sites.
3. The Contractor may select sites in order to fulfill the total number of hours of CFC
Activities stated in the Budget. The Contractor shall prioritize the inspection of sites not
inspected within the last 12 months. The contractor shall prioritize complaint inspections
and shall complete them as soon as practicable. In addition to the guidelines provided in
Exhibit A, Additional Provisions, contractor time will be reimbursed as follows.
a. Actual time spent on APCD-approved CFC related training
b. Actual time spent on complaint investigations, enforcement and new source
identification
4. The Contractor shall notify APCD in writing of all complaints received.
5. The Contractor shall communicate with APCD to create a list of new source identification
(NSID) sites.
6. With the exception of complaints, inspections of motor vehicle air conditioning repair shops
shall be conducted by the Contactor from July -September and April -June.
7. Inspections of motor vehicle salvage facilities shall be conducted by the Contractor
throughout the contract year.
8. All employees who conduct stationary and mobile sources CFC inspections shall be trained
either by the APCD or by a local agency inspector trained by the APCD. All training related
to CFC shall be pm -approved in writing by the APCD's CFC program and shall be devoted
to CFC related work.
a. Types of training may include: Industry sponsored events, APCD oversight
inspections, field training, or other APCD sponsored training.
b. CFC program staff will provide additional assistance as needed.
c. The Contractor shall notify the CFC program staff when temporary employees and
interns are to be utilized for CFC inspections. When possible, the CFC program
shall be notified in writing prior to the employment of such individuals.
9. The CFC database requires the direct input of data from the Contractor's inspections. All
routine and complaint -related CFC inspections shall be entered into the CFC database by the
Contractor when completed.
a. The Contractor shall update the CFC database with all inspection information
within 10 business days following the date the inspection is completed
10. The final report shall include a summary of the reports previously submitted to the State as
required by this Contract.
Page 7 of
Amendment Contract Number: 2023*0567 Amendment #1
Ver. 01.11 19
DocuSign Envelope ID: 1FC1247A-FC9F-45D2-B744-A2206BBCF5AB
EXHIBIT B
Expected Results of
Activity(s)
To successfully monitor and regulate sources of air pollution emissions and verify compliance
with AQCC and EPA regulations to protect air quality in Colorado.
Measurement of
Expected Results
Objective 1: Stationary Sources
1. Monthly reports of activities using the form(s) supplied by the State
2. Electronic copies of field inspection reports for all inspections performed during
the current contract year.
Objective 2: Air Monitoring
1. Continuous particulate monitoring
a. Monthly reviews of site/sample log forms will be conducted by APCD staff
b. Monthly reviews of any sensor/site problems or issues will be conducted by
APCD staff.
2. Filter particulate monitoring
a. Monthly reviews of sample log forms will be conducted by APCD staff for
completeness and compared to the number of tasks invoiced.
b. Monthly reviews of sampler run data will be conducted by APCD staff.
c. Monthly reviews of data results from the analytical laboratory will be
conducted by APCD staff to verify that samples are being collected on correct
days.
d. Field data entered into the Particulate Database are validated about once a
month by APCD staff based on review of the Hi -Vol PSFE data, the Low -Vol
filter Data Sheets, PM Field Forms, and CSN Custody and Field Data Form.
3. PM2.5 speciation monitoring
a. Monthly reviews of sample log forms will be conducted by APCD staff for
completeness and compared to the number of tasks invoiced.
b. Monthly reviews of sampler run data will be conducted by APCD staff.
c. Monthly reviews of data results from the analytical laboratory will be
conducted by APCD staff to verify that samples are being collected on correct
days.
Objective 3: CFC Program
1. Monthly reports and completed inspections worksheets will be reviewed by the
CFC Program representative.
J K ,� � 33�✓""+��'."M4. oai'+"„t,..
'�. a,�r.� v f a. `x.f. a . + .. %'t`{. �„
Completion Date
Deliverables
1. Objective 1: Stationary Sources
a. The Contractor shall submit via email to the APCD
Compliance & Enforcement Program Contract Coordinator a
monthly report for each preceding month. An email and
mailing address will be provided.
By the 15th of each
subsequent month
b. The Contractor shall submit via email to the APCD
Compliance & Enforcement Program Contract Coordinator
electronic copies of all field inspection reports for sources
inspected during the current contract year shall be of Full
Compliance Evaluation quality. An email address will be
provided.
Within 45 days of
completion of the
inspection
c. The Contractor shall submit via email to the APCD
Compliance & Enforcement Program Contract Coordinator
all inspections (must be completed) and shall be of Full
Compliance Evaluation quality. An email address will be
provided.
By the end of the
contract term
2. Objective 2: Air monitoring:
a. Continuous particulate monitoring:
i. The Contractor shall submit the completed site and
Sampler Verification forms/sheets via scan to the PMU
Supervisor and the PMU Data Validation Scientist.
No later than the
10th day of each
subsequent
calendar month
Page 8 of 9
Amendment Contract Number: 2023*0567 Amendment #1
Ver. 01.11.19
DocuSign Envelope ID 1FC1247A-FC9F-45D2-B744-A2206BBCF5AB
EXHIBIT B
b Filter particulate monitoring
t The Contractor shall submit PM2 5 Low -Vol sampled
filters, Field Data Sheet/Chain of Custody Form, and the
PM Field Forms via overnight delivery per the shipping
schedule shown on the Filter Data Sheet/Chain of
Custody form to the contract laboratory (currently the
CDPHE Laboratory Services Division (LSD) Air
Resources Laboratory (ARL) at 8100 Lowry Blvd ,
Denver, CO 80230) Copies should be retained by the
local field office
The filters/coolers
are to be shipped
within four days of
the last sample run
for each two-week
batch
c Filter particulate monitoring
i The Contractor shall submit the Monthly Sampler
Verification Forms to APCD via scanning them and
emailing the forms to the Particulate Monitoring
Supervisor and the PMU Data Validation Scientist The
original hardcopy forms are to accompany PM2 5 Low -
Vol records and paperwork at the end of each month
No later than 10
business days after
the end of each
month
d PM2 5 STN speciation sampling
i The Contractor shall submit the PM2 5 CSN Custody
and Field Data Forms to the national STN contract lab,
along with the samples
Per national
contract lab
shipping schedule
e PM2 5 speciation sampling
i The Contractor shall submit copies of PM2 5 CSN
Custody and Field Data Forms to the APCD to
accompany PM2 5 Low -Vol records and paperwork at
the end of each month
No later than 15
calendar days after
the end of each
month
3 Objective 3 CFC Program
i The Contractor shall submit via email a monthly report
of activities for the Contractor's CFC program for each
month to the APCD CFC Program Contact
No later than 15
business days from
the end of the
month the
activities are
completed
f The Contractor shall submit via email a final report, in
narrative form, of program accomplishments as part of
the final requests for payment
No later than 30
days following the
end of each project
year
V Monitoring
CDPHE's monitoring of this contract for compliance with performance requirements will be conducted
throughout the contract period by each of the APCD Program's Contract Monitors Methods used will
include a review of documentation determined by CDPHE to be reflective of performance to include
progress reports and review of inspection reports along with review of monthly reports The Contractor's
performance will be evaluated at set intervals and communicated to the contractor A Final Contractor
Performance Evaluation will be conducted at the end of the life of the contract
VI Resolution of Non -Compliance
The Contractor will be notified in writing within five (5) calendar days of discovery of a compliance issue
Within fifteen (15) calendar days of discovery, the Contractor and the State will collaborate, when
appropriate, to determine the action(s) necessary to rectify the compliance issue and determine when the
action(s) must be completed The action(s) and time line for completion will be documented in writing and
agreed to by both parties If extenuating circumstances arise that requires an extension to the time line, the
Contractor must email a request to the Field Services Contract Monitor and receive approval for a new due
date The State will oversee the completion/implementation of the action(s) to ensure time lines are met and
the issue(s) is resolved If the Contractor demonstrates inaction or disregard for the agreed upon
compliance resolution plan, the State may exercise its rights under the provisions of this contract
Page 9 of 9
Amendment Contract Number 2023*0567 Amendment #1 Ver 01 11 19
DocuSign Envelope ID: 1FC1247A-FC9F-45D2-B744-A2206BBCF5AB
Exhibit C
FY24 BUDGET
County: Weld
Rate
78.36
Activity/Task
Budgeted
By
Tasks/Samples
Number of
Hours
Task
per
Total
Hours
Hourly
Rate
Total
Syn
Minor Source Inspections
Tasks
11
15
$78.36
$12,929.40
Minor Source Inspections
Tasks
39
10
$78.36
$30.560.40
Complaint
Investigation*
Tasks
93
3
$78.36
$21,862.44
Open Burning Permits*
Tasks
86(3
0.33
$78.36
$22.393.72
Professional
Training
Activities
Tasks
6
8
$78.36
$3,761.28
Task 1:
Task 2:
Maintenance
Maintenance
of
of
Platteville
Missile
Air
Park
Toxics
Air
Site
Toxics Site
Tasks
0
2.5
$78.36
$0.00
Tasks
0
2
$78.36
$0.00
Operation & Maintenance of
PM2.5
GRIMM
Monitor
Hours
58
$78.36
$4,544.88
Operation &
Maintenance of PM2.5 FRM Monitors
Hours
212
$78.36
$16,612.32
Operation & Maintenance of
PM2.5
Speciation Monitors
Hours
56
$78.36
$4,388.16
CFC Activities
Hours
90
$78.36
$7,052.40
Total
1015
40.83
416
$124,105.00
Amendment Contract Number: 2023*0567 Amendment 4 I Page 1 of 2
DocuSign Envelope ID: 1 FC1247A-FC9F-45D2-B744-A2206BBCF5AB
AMPLE CONTRACT REIMBURSEMENT STATEMENT
Exhibit C
INVOICE NUMBER:
(maximum 12 characters)
To: Colorado Dept. of Public Health & Environment
ATTN: Contract Administrator
Air Pollution Control, B1 -ADM
4300 Cherry Creek Drive South
Denver, CO 80246
Email: CDPHE_APCD_Fiscal@state.co.us
FEIN#:
Contract/PO #
From:
Dates: From.
Final Bill:
Activity/Task
Hourly/Task
Rate
Enter No. of Tasks/Samples
Completed
Hours Paid Per Task
Reimbursement Requested
Title V Source Inspections
$0.00
0.00
$0.00
Syn Minor Source Inspections
$0.00
0.00
$0.00
Minor Source Inspections
$0.00
0.00
$0.00
Complaint Investigation
$0.00
0.00
$0.00
Open Burning Permits
$0.00 i
0.00
$0.00
Professional Training Activities
S0.00
0.00
$0.00
Other
$0.00
0.00
$0.00
Gaseous Site:
$0.00
0.00
$0.00
Gaseous site:
$0.00
0.00
$0.00
Gaseous site:
$0.00
0.00
$0.00
Gaseous Training
$0.00
0.00
$0.00
Air Toxics
$0.00 i
0.00
SO 00
Operation & Maintenance of PM 10 Monitors
$0.00
0.00
$0.00
Enter Number of Actual
Hours
Operation & Maintenance of PM 10 Low Vol Monitors
$0.00
0,00
$0.00
Operation & Maintenance of PM2.5 TEOM Monitors
$0.00
0.00
$0.00
Operation & Maintenance of PM2.5 FRM Monitors
$0.00
0.00
$0.00
Operation & Maintenance of PM2.5 Speciation Monitors
$0.00
0.00
$0.00
Asbestos
$0.00
0.00
$0.00
CFC Activities
$0.00
0.00
$0.00
TOTAL
$0.00
To be Signed by Contractor/Vendor
I/We affirm the claimed expenses comply with the budget provisions of the contract and are reasonable and necessary, that all relevant progress or other reports have been timely
filed, and all contract milestones and/or tasks related to the billing period have been achieved.
Signature & Title
Date
To be Signed by CDPHE Program Director or Delegate
I affirm that I or my staff have reviewed the contractor's invoice and supporting documentation (as required), progress reports and other communications with the contractor, and
believe to the best of my knowledge, that the contractor is in compliance with all contract provisions.
Signature & Title
Date
To be Signed by CDPHE-Fiscal Officer or Delegate
I certify that the claimed expenses have been reviewed by me for compliance with the requirements of the funding source and the State of Colorado Fiscal Rules, and are charged
to the appropriate funding source.
Signature & Title
Date
Amendment Contract Number: 2023*0567 AMD#1
Page 2 of 2
Contract Form
New Contract Request
Entity Information
Entity Name.
COLORADO DEPT OF PUBLIC
HEALTH ENVIRONMENT
Entity ID
O00001926
Contract Name * Contract ID
CDPHE FY23-24 AIR QUALITY PROGRAM CONTRACT 7065
AMENDMENT 01
Contract Status
CTB REVIEW
❑ New Entity?
Parent Contract ID
6030
Contract Lead. Requires Board Approval
KJAKUS-HOTCHKISS YES
Contract Lead Email
kjaku s-
hotc h ki s s AA=we ldgom,cam
Contract Description.
CDPHE FY23-24 AIR QUALITY PROGRAM CONTRACT AMENDMENT #1
2023~0567 AMD#1
Contract Description 2
ORIGINAL CONTRACT NUMBER 202O0567
Contract Type*
AMENDMENT
Amount.
S124,105.00
Renewable.
NO
Automatic Renewal
NO
Grant
YES
IGA
NO
Department
HEALTH
Department Email
CM-HealthAweldgov.com
Department Head Email
CM-Health-
DeptHead weldgov coni
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM -
C OU NTYATTORN EY PNELDG
OV.COM
Grant Deadline Date
If this is a renewal enter previous Contract ID
6030
If this is part of a MSA enter MSA Contract ID
Requested BOCC Agenda
Date.
06;>12?2023
Department Project*
Due Date
06,08;`2023
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be included?
NO
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are sat in
OnBase
Contract Dates
Effective Date
07,01 2023
Review Date 'R
0303012024
Termination Notice Period Committed Delivery Date
Contact Information
Contact Info
Contact Name.
Purchasing
Purchasing Approver
Approval Process
Department Head
TANYA GEISER
DH Approved Date
06/'00;2023
Final Approval
BOCC Approved
8OCC Signed Date
BOCC Agenda Date
06,12:,2023
Originator
KJAKUS-HOTCHKISS
Renewal Date
Expiration Date*
06 30:2024
Contact Type Contact Email Contact Phone t Contact Phone 2
Finance Approver
CHERYL PATTELLI
Purchasing Approved Date
Legal Counsel
BYRON HOWELL
Finance Approved Date Legal Counsel Approved Date
06;'06,2023 06 06 2023
Tyler Ref #
AG 061223
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