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HomeMy WebLinkAbout20221830.tiffRESOLUTION RE: APPROVE 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 a 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, Air Pollution Control Division, commencing July 1, 2022, and ending June 30, 2023, 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 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, Air Pollution Control Division, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to electronically sign and submit said contract. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of June, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WE I D COUNTY, COLORADO ATTEST: deatAJ •.�!ltp;� ott K. James, Chair Weld County Clerk to the Board County Attorney Date of signature: 7 7(22 cc: HL(TG) 7/'V2.2 2022-1830 HL0054 Coni'vAc+ (t)14-too6o Memorandum TO: Scott James, Chair Board of County Commissioners FROM: Mark Lawley, Executive Director Department of Public Health & Environment DATE: June 20, 2022 SUBJECT: CDPHE Air Quality Program Task Order Contract FY22-23 For the Board's approval 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 $131,605.79, of which $23,327.81 is federal funding and $108,277.98 is state funding. The Task Order term is July 1, 2022, through June 30, 2023. Activities will be conducted by current staff; no additional FTE is being requested. Assistant Weld County Attorney, Karin McDougal, has reviewed this Task Order Contract and determined that its terms are acceptable. The Board approved placement of this Task Order Contract on the Board's agenda via pass - around dated June 16, 2022. I recommend approval of this Task Order Contract. 2022-1830 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW TITLE: CDPHE Air Quality Program Task Order Contract DEPARTMENT: PUBLIC HEALTH & ENVIRONMENT PERSON REQUESTING: Mark Lawley, Executive Director DATE: June 16, 2022 Brief description of the problem/issue: Enclosed 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 $131,605.79, of which $23,327.81 is federal funding and $108,277.98 is state funding. The Task Order term is July 1, 2022, through June 30, 2023. Activities will be conducted by current staff; no additional FTE is being requested. This contract has been sent to Assistant Weld County Attorney, Karin, McDougal, for review and we will await her approval prior to placement on the Board's agenda. What options exist for the Board? (include consequences, impacts, costs, etc. of options): Approval of this Task Order will provide 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 Task Order 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. The Task Order could be modified if there are particular activities or functions the BOCC does not feel should be conducted by County staff. Recommendation: I recommend approval of this continuation for Weld's air program with CDPHE. Perry L. Buck Mike Freeman, Pro -Tern Scott K. James, Chair Steve Moreno Lori Saine Agorove Schedule Recommendation Work Session Other/Comments: DocuSign Envelope ID: CCADC6F4-05FE-41 DA-964C-D896D0E0749B TASK ORDER State Agency State of Colorado for the use & benefit of the Department of Public Health and Environment Air Pollution Control Division 4300 Cherry Creek Drive South Denver CO 80246 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 Master Task Order Contract Number 23 FAA 00051 Task Order Number 2023*0567 Task Order Performance Beginning Date The later of the Task Order Effective Date or July 1, 2022 Task Order Maximum Amount Initial Term State Fiscal Year 2023 $131,605.79 Task Order Expiration Date June 30, 2023 Except as stated in §2.D., the total duration of this Contract, including the exercise of any options to extend, shall not exceed 5 years from its Performance Beginning Date. Pricing/Funding Price Structure: Fixed Price Contractor Shall Invoice: Quarterly Funding Source: State $108,277.98 Federal $ 23,327.81 Miscellaneous: Authority to enter into this Contract exists in: C.R.S. 25-1.5-101 - C.R.S. 25-1.5-113 Law Specified Vendor Statute (if any): Enter Program specific Procurement Method: Exempt Solicitation Number (if any): N/A State Representative Shannon McMillan Compliance and Enforcement Program Manager Air Pollution Control Division, CEP Colorado Department of Public Health and Environment 4300 Cherry Creek Drive South Denver, CO 80246 shannon Contract.mcmillan@state.co.us Contractor Representative Tanya Geiser Director, Finance & Contracting Weld County Department of Public Health and Environment 1555 North 17th Avenue Greeley CO 80631 tanya.geiser@co.weld.co.us Exhibits and Order of Precedence The following Exhibits and attachments are included with this Contract: Exhibit A Additional Provisions Exhibit B Statement of Work Exhibit C Budget Contract Purpose Perform air pollution monitoring activities, including inspections, complaint response, open burning permits, gaseous monitoring, air toxic monitoring, particulate monitoring, and stationary and mobile sources Chlorofluorocarbon (CFC) monitoring. In accordance with §4.B of the Master Task Order Contract referenced above, Contractor shall complete the following Project: 1. PROJECT DESCRIPTION Task Order Number: 2023*0567 Page 1 of 3 Version 02.24.2022 DocuSign Envelope ID: CCADC6F4-05FE-41 DA-964C-D896D0E0749B Contractor shall complete the Project described in Exhibit B Statement of Work (SOW) that is attached hereto and incorporated herein (the "SOW"). All terminology used in this Task Order and the SOW shall be interpreted in accordance with the Master Task Order Contract unless specifically defined differently in this Task Order. The Statement of Work and Budget are incorporated herein, made a part hereof and attached hereto as "Exhibit B - Statement of Work" and Exhibit C - Budget. 2. PAYMENT The State shall pay Contractor the amounts shown in Exhibit C - Budget that is attached hereto and incorporated herein, in accordance with the requirements of the SOW and the Master Task Order Contract. The State shall not make any payment for a State Fiscal Year that exceeds the Task Order Maximum Amount shown above for that State Fiscal Year. 3. PERFORMANCE PERIOD Contractor shall complete all Work on the Project described in this Task Order by the Task Order Expiration Date stated above. Contractor shall not perform any Work described in the SOW prior to the Task Order Performance Beginning Date or after the Task Order Expiration Date stated above. 4. TASK ORDER EFFECTIVE DATE: The Effective Date of this Task Order is upon approval of the State Controller. Task Order Number: 2023*0567 Page 2 of 3 Version 02.24.2022 DocuSign Envelope ID: CCADC6F4-05FE-41 DA-964C-D896D0E0749B THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT Each person signing this Contract represents and warrants that he or she is duly authorized to execute this Contract 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 •,--DocuSigned by: Scalf L 3M%t,s Ff AAa1f1a474FA 117 By: Signature FULL NAME - Scott K. James TITLE Name of Person Signing for Contractor - Chair, Board of Weld County Commissioners Title of Person Signing for Contractor 2022-06-27 Date: STATE OF COLORADO Jared S. Polls, Governor Colorado Department of Public Health and Environment Jill Hunsaker Ryan, MPH, Executive Director DocuSigned by: LLAQL&tutS 2FDFA7QAtA7n4Ff By: Signature Lisa McGovern Name of Executive Director Delegate Procurement & Contracts Section Director ft Title of Executive Director Delegate Date: 2022-06-27 In accordance with §24-30-202, C.R.S., this Option is not valid until signed and dated below by the State Controller or an authorized delegate. STATE CONTROLLER Robert Jaros, CPA, MBA, JD -DocuSigned by: j but `� f`4aA5df)F RA7Qdf15 By: Signature Justin Weigle Name of State Controller Delegate Health Divisions Controller Title of State Controller Delegate Effective Date: 2022-06-27 Task Order Number: 2023 *0567 --Signature Page End — Page 3 of 3 Version 02.24.2022 , 00202 a3,0 DocuSign Envelope ID: CCADC6F4-05FE-41 DA-964C-D896D0E0749B 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: Contract Manager, 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. a. 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. 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 Page 1 of 2 Task Order Number. 2023*0567 Ver. 11.30.21 DocuSign Envelope ID: CCADC6F4-05FE-41 DA-964C-D896D0E0749B EXHIBIT A 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. Page 2 of 2 Task Order Number: 2023*0567 Ver. 1130.21 DocuSign Envelope ID: CCADC6F4-05FE-41 DA-964C-D896D0E0749B 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: 1. APCD — Air Pollution Control Division 2. ATMU - Air Toxics Monitoring Unit in APCD 3. CDPHE - Colorado Department of Public Health and Environment 4. 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 5. 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. 9. GRIMM or GRIMM EDM 180 - Continuous particulate sampler. 10. Hi -Vol - PMIo filter based monitors with a high volume flow rate (1.132 m3/min or 1132 L/min) 11. ID - Filter identification number 12. Low -Vol - Low -Volume filter samplers, refers to the flow rate of the monitoring instrument (16.7 LPM) 13. LPM — Liters per minute 14. LSD — Laboratory Services Division -Air Resources Laboratory 15. NMOC — Non -methane organic compounds 16. NSID - New source identification 17. PM - Particulate Matter 18. PM2_s - Particulate matter or particles in ambient air less than two point five (2.5) micrometers in aerodynamic diameter 19. PMIo - Particulate matter or particles in ambient air less than ten (10) micrometers in aerodynamic diameter 20. PMU — Particulate Monitoring Unit in APCD 21. PSFE - Particulate Sampling Field Envelopes, which also serves as the COC form for each PMIo sample 22. 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 23. SOP - Standard Operating Procedure 24. STN — Speciation Trends Network Page 1 of 11 Task Order Number: 2023 *0567 Ver. 01.11.19 DocuSign Envelope ID: CCADC6F4-05FE-41 DA-964C-D896D0E0749B EXHIBIT B 25. Tare filter - clean un-sampled filter that has been equilibrated and pre -weighed by a contract laboratory 26. URG 3000 N — A speciation monitor from University Research Glass that samples for PM2.5 carbon species 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. Page 2 of 11 Task Order Number: 2023*0567 Ver. 01.11.19 DocuSign Envelope ID: CCADC6F4-05FE-41 DA-964C-D896D0E0749B EXHIBIT B Primary Activity #3 The Contractor shall conduct training as required for performance of the activities above. 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 air toxics 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 continuous 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 filter particulate 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. Primary Activity #4 The Contractor shall conduct PM2.5 speciation monitoring. 1. The Contractor shall conduct routine site visits. Sub -Activities #4 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 Standards and during the contract term. The Contractor shall monitor documents and website content for Requirements updates and comply with all updates. Objective 1: Stationary Sources Page 3 of 11 Task Order Number: 2023'0567 Ver. 01.11.19 DocuSign Envelope ID: CCADC6F4-05FE-41 DA-964C-D896D0E0749B EXHIBIT B 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. 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. Inspections and inspection reports shall 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. All inspections shall 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. All monthly reports for the Field Services Unit shall 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?tpl=/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 ATMU or PMU within 24 hours, on business days, of any analyzer/sensor/sampler malfunctions or other critical problem by phone. Page 4 of 11 Task Order Number: 2023*0567 Ver. 01.11.19 DocuSign Envelope ID: CCADC6F4-05FE-41 DA-964C-D896D0E0749B EXHIBIT B a. Issues shall be documented on site log forms. b. Additional documentation can be sent by email. 6. The Contractor shall conduct air toxics monitoring for NMOCs and carbonyls: a. Location: Platteville/South Valley Middle School (NMOC, carbonyl) and Missile Park (NMOC) sites. b. Receive new sample supplies and ship collected samples to a designated laboratory. c. The APCD, or a designated laboratory, will provide local operator training, sample sheets/forms, sample calendar/schedule, sampler and site operational supplies and expendables (i.e. canisters, cartridges). d. Collect a minimum of 90% valid NMOC canister and carbonyl cartridge samples and associated data on the scheduled sampling days each calendar quarter. This collection rate will take into consideration sampler malfunctions or extreme weather. e. Routine visits: i. One visit between each scheduled sample; ii. Follow the EPA national every -third -day sampling schedule as provided by APCD or the designated analytical laboratory; iii. Recover NMOC canister and carbonyl samples; iv. Set up new NMOC canister and carbonyl cartridge samples; v. Download all VOC and carbonyl run data; vi. Perform a site inspection during each site visit; vii. Perform SOP -required maintenance on samplers, supporting equipment and site; viii. Document all site visits, work, observations and concerns on the sample custody forms and in the on -site log book. f. Non -routine site visits: i. As needed, on request from APCD; ii. As needed, to perform repairs; iii. Document all site visit information in the site log book. g. Troubleshooting: i. Provide troubleshooting support via telephone or email; ii. Perform equipment fault troubleshooting in consultation with the ATMU Technical Staff; iii. Perform minor repairs (i.e. sample line, leaks, filters, fans, software resets); iv. Coordinate with the ATMU on major repairs (i.e. boards, cells, detectors). h. Training: i. The Contractor shall attend all instructional trainings as provided by the APCD; ii. The Contractor shall notify the ATMU Air Toxics Technical Lead or ATMU Supervisor when new employees and interns are to be trained for work under this work plan. 7. The Contractor shall conduct continuous particulate air monitoring for PM2.5 using a GRIMM EDM 180 instrument: a. Location: Greeley Hospital 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). 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". Page 5 of 11 Task Order Number: 2023*0567 Ver. 01.11.19 DocuSign Envelope ID: CCADC6F4-05FE-41DA-964C-D896D0E0749B EXHIBIT B e. Troubleshooting: i. Provide troubleshooting support via telephone or email; ii. Perform equipment fault troubleshooting in consultation with the PMU Technical Staff; iii. Perform minor repairs (e.g., modem resets, leaks, software resets); iv. Coordinate with the APCD PMU 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 PM Supervisor when new employees and interns are to be trained for work under this work plan. 8. 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; 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. 9. The Contractor shall conduct PM2.5 speciation sampling: a. Location: Platteville/South Valley Middle School site. Page 6 of 11 Task Order Number: 2023*0567 Ver. 01.11.19 DocuSign Envelope ID: CCADC6F4-05FE-41 DA-964C-D896D0E0749B EXHIBIT B 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; 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 a monthly verification of the GRIMM instrument as specified in the SOP; xi. 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; 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: Page 7 of 11 Task Order Number: 2023*0567 0567 Ver. 01.11.19 DocuSign Envelope ID: CCADC6F4-05FE-41 DA-964C-D896D0E0749B EXHIBIT B 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 pre -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. 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 Page 8 of 11 Task Order Number: 2023*0567 Ver. 01.11.19 DocuSign Envelope ID: CCADC6F4-05FE-41DA-964C-D896D0E0749B EXHIBIT B 1. Air Toxics 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. 2. 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. 3. 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. 4. 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. 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. Air toxics monitoring: i. The Contractor shall submit (via FedEx using supplied labels) canister and cartridge samples to the designated Retrieve samples no later than 4- days after samples have been taken and Page 9 of 11 Task Order Number: 2023*0567 Ver. 01.11.19 DocuSign Envelope ID: CCADC6F4-05FE-41 DA-964C-D896D0E0749B EXHIBIT B analytical laboratory, along with copies of the sample custody forms. ship samples no later than 24 - hours after retrieving the samples b. Air toxics monitoring: i. The Contractor shall submit via email the sampler run data to the ATMU Air Toxics Technical Lead No later than 4 calendar days after retrieving samples and downloading the data c. Air toxics monitoring: i. The Contractor shall submit copies of the sample custody forms to the ATMU Air Toxics Technical Lead on a quarterly basis for review. No later than 30 days after the end of every calendar quarter d. 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 e. Filter particulate monitoring: i. 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. f. 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 g. 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 h. 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 4. Objective 5: CFC Program a. 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. Page 10 of 11 Task Order Number: 2023 *0567 Ver. 01.11.19 DocuSign Envelope ID: CCADC6F4-05FE-41 DA-964C-D896D0E0749B EXHIBIT B b. 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 11 of 11 Task Order Number: 2023*0567 Ver. 01.11.19 DocuSign Envelope ID: CCADC6F4-05FE-41 DA-964C-D896D0E0749B Exhibit C FY23 BUDGET County: Weld Syn Minor Source Inspections Tasks 11 15 Minor Source Inspections Tasks 39 10 Complaint Investigation" Tasks 93 3 Open Burning Permits* Tasks 866 0.33 Professional Training Activities Task 1: Maintenance of Platteville Air Toxics Site Task 2: Maintenance of Missile Park Air Toxics Site Operation & Maintenance of PM2.5 GRIMM Monitor Tasks Tasks 6 72 8 2.5 Tasks Hours Operation & Maintenance of PM2.5 FRM Monitors Hours Operation & Maintenance of PM2.5 Speciation Monitors CFC Activities Hours Hours Task Order Number: 2023 *0567 Page 1 of 2 72 2 Rate $68.41 $68.41 $68.41 $68.41 $68.41 $68.41 $68.41 $68.41 DocuSign Envelope ID: CCADC6F4-05FE-41 DA-964C-D896D0E0749B "IPLE CONTRACT REIMBURSEMENT STATEMENT Exhibit C INVOICE NUMBER: (maximum 12 characters) To: Colorado Dept. of Public. Health & Environment Contract Manager Air Pollution Control, BI -ADM 4300 Cherry Creek Drive South Denver, CO 80246 FEIN#: Contract/PO # From: Dates: From: To: 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 0.00 $0.00 Professional Training Activities $0.00 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 0.00 $0.00 Operation & Maintenance of PM10 Monitors $12.00 0.00 $0.00 Enter Number of Actual Hours - Operation & Maintenance of PMI0 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 Task Order Number: 2023 *0567 Page 2 of 2 Contract Form New Conty ict Reques Entity e* COLORADO DEPT OF PUBLIC HEALTH / ENVI RON M ENT Contract Name* Entity ID* gO0001926 ❑ New Entity? Contract ID CDPHE AIR QUALITY FY22-23 TASK ORDER CONTRACT 6030 Contract Status CTB REVIEW Contract Lead* AGOMEZ Contract Lead Email agomezgweldgov.com Parent Contract ID Requires Board Approval YES De Contract Description* CONTINUATION TASK ORDER CONTRACT FOR FY22-23 WITH CDPHE FOR AIR QUALITY PROGRAM 2023-0567 Contract Description 2 2021-1571 Contract Type TASK ORDER Amount * $131,605.79 Renewable NO Automatic Renewal NO Grant YES IGA NO If this is a ren 4852 If this i Department HEALTH rtrraent I CM-Heaithcweldgov.com Department I-1 Email CM-Health- DeptHead@weldgov.com County Attorney GENERAL COUNTY A I I ORNEY EMAIL County Attorney Email CM- COUNTYAIIORNEY@WELDG OV.COM Grant Deadline Date er pr iotus t ID enter MSA Contract ID Requested BOCC Agenda Date* 06:27i2022 Due Date 06,x'23;'2022 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 not in On Base Effective Date 07;0112022 Review Date* 04,'01 /2023 Renewal Date Termination Notice Period Committed Delivery Date Contact Information Contact Info Contact Name Purchasing Purchasing Approver Approval Process Department Head TANYA GEISER DH Approved Date 06121,2022 Final Approval BDCC Approved BOCC Signed Date BOCC Agenda Date 06127,x2022 Originator AGOMEZ Expiration Date * 06;`30.2023 Contact Type Contact Email Contact Phone 1 Contact Phone 2 Finance Approver CHERYL PATTELLU Purchasing Approved Date Legal Counsel BRUCE BARKER Finance Approved Date Legal Counsel Approved Date 06/21/2022 06%22/2022 Tyler Ref AG 062722 Hello