HomeMy WebLinkAboutbocc.con.039.1987 ,��:. � , — ,
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Form 6•AC-02A 1N S/831 . _. � � , � i�+��� p�''
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CONTRACT ,�2��.,�yf
THIS CONTRACT,madc ihis 9th daY��� Septem6er (98�.by and betwecn thc
Sialc of ColnraJu tur thc usc and bencfil of tne llcparlment of'� HEALTH
4210 E. llth Avenue, Denver, Colorado 80220 �
hercinaftcr reicrred to ax the State,and 'Z gOARD OF COUNTY COMM I SS I ONERS, P IT N C or ". �
ASPEN/PITKIN ENVIRONMENTAL HEALTH DEPARTMENT, 130 5. Galena, Aspen, Co orado— '�:•':,'.i�~
- hcrrinafter rcferced lo as[hc cuninclur, � at"a:�
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� WHEREAS,authority cxisls in Ihe Law m�d Fund�hnvc bcen budgeted,approprinted and a[herw's� ade
�� availahle;�nd���rr���,u��,��,«�„�h�.�d nnlance�bemof remains avai�able for paymenf in Fund Number �u�� , #������'�`�
. C/L Acrnunt Number�,Qmtrnct[ncumbrancc Numbcr �376355 ;;,,,d
- WHERGAS,reyuired appruval,clearnnce and coordinatinn has becn accomplis��ed trom und wilh nppropriate � _
agencies;and
wHC•REnS. '� the State is required to develop a State implementation Plan '��
(SIP) to improve the quality of air in Colorado whicf� sfiall include a comp- : � :
rehensive inventory of all sources contributing to the measured concentrations; ?
and I >; ..
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Y" , WHEREAS, as a �� .
part of said inventory, a fine particulate standard must
be developed for Pitkin County together with a plan demonstrating how the
area is to reach attainment; and
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WHEREAS, a part of said plan shall include an inventory of personal
woodburning devices; and
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WHEREAS, the Contractor is considered by the State to be the appropro-
�` priate agency to provide the services as herein set forth. �
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i NOWTHEREFONE.i�iSllffll/YBGfCC[IIIIMI for and in consideration of their mutual
� promises to each other, here�nafter stated, the parties hereto agree as follows: �t,_
� �- '' The Contractor will provide to the State, Air Pollution Control ��;
! Division, an inventory of personal woodburning devices in the county, and shall
� provide a data summary in a format to be agreed upon 6y the Contractor and the
, Division which shall include the following items: 1) total num6er of devices;
i 2) geographic locations; 3) types of devices; 4) fuel usage rates; and
; 5) usage patterns. All data shall be submitted to the Division not later than c �
! October 31. 1987. .
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� 2. The State wiil, in consideraiion of said services by the � =��s.
Contractor, cause [o be paid to the Contractor a sum not to exceed ONE THOUSAND y,�;:�::
TWO HUNORED AND SEVENTY FIVE DOLIARS ($1,275.00) upon receipt oF a signed state- �;s;y ,;:
ment, submitted in duplicate, listing services provided and the total requested. �';.;ji�`.1,
i Reimbursement shall be conting�t upon affirmation by the State, Air Pollution ; t ��. _
Control Division, of full and satisfactory compliance with the terms of this '"'
� wntract. •
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' 3. The term of this contract is beginning September 15, 1987 and
continuing through December 31, 1987. -
595330'F70'W pagc I uf�pnges
� �(Sec inx�Nrliooa�m rr•�erai of I�st paqe.� ....
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' COLORADO DEPARTMENT OF HEALTH - hereiaafter, under the General Provisions
teferred to as "Health".
GENERAI. PROVISIONS
(1) The parties of this contract intend that the relationship between them
con[emplated by Yhis contract is that ot employer-independent contractor. No
agent, employee or servant of Contractor shall he or shall be deemed to be aa
employee, agent or servant of Health. Contractor will be solely and entirely ±•':''';;°
reaponsible for its acts and the acts of its agents, employees, servants and "�ai�:--."
subcontractors during the performance of this contract. '.�:'i��-'
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(2) At all timea during the performance of this contract, the Contractar shall �{;, .. �.
strictly adhere to all applicable federal and state laws that have been or may ,� �
hereafter be established.
(3) Contractar authorizes Health to perform audits and to make inspections for '
the purpose of evaluating performance under this contract. ���"'
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(4) Either party shall have the righC to terminate this agreement by giving the s`
other party thirty days notice by registered mail, return zeceipt reyuested. If "-;�.`� ��
notice is sa given, this agreemen[ shall te=minate on the expitation of the ; r•.,'
thirty days, and the liability of the parties hereunder for [he further ,�
T' performance of the terms of this agreement shall thereupon cease, but the parties
shall not be relieved of the duty to perEorm their obligations up to the date of
termination.
(5) This agreement is intended as the complete integration of all understandings _
hetween the parties. No ptior or contemporaneous addition, deletion, or other
amendment hereto s6a11 have any force or effect whatsoever, unless embodied
herein in writing. Nn subsequent novatioa, renewal, addition, deletion, or other
amendment hereto shall have any force or effect unless embodied in a wriCten
contract executed and approved pursuan[ to the State Fiscal Rules.
(6) If this contract involves the expenditure of federal funds, this contract is }
contingent upon continued availability of federal funds for payment pursuant to
the terms of this agreement. Cootractor also agrees to fulfill the requirements
of Office of Management and Budget Circulars A-87 and A-102 or A-110, whichever
is applicable.
(7) To be considered fox payment, billings for reimbursement pursuant to this
• contract must be received wiChin 60 days after the period for which reimbursement
is being requested and final billings on the contract must be received by the
State Health Department within 60 days after the end of the contract term, i
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(8) If applicable, Loca1 Match is to be submitted on the monthly reimbursement `;
atatements, in the column provided, as reyuired by the funding source. .�
�9) If Conttactor receives $25,000.00 or mote per year in Federal funds in the
aggregate from Health, Contractor agrees to have an annual audit, by an \ ��`
independeut certified public accountant, which meets the requirements of Office
of Management and Budget Circular A-128 or Office of Management and Budget r' �c
Circular A-110: Attachment F, whichever is applicable. Contractor agrees to � '�
furnish one copy of the.audit report to the Health Department Accounting Office - �`''
w3thin 30 days of its issuance. Gontractor agrees to take appropriate corrective � a�,'
,� action within six months of the report's issuance in instances of noncompliance .;
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with Federal laws a�d re ulations. Contractor a rees to '" ' f-
B g permit Health or its
� agents to have access to its recocds and financial statements as necessary, and �^ ���
� further agrees to retain such records and financial statemente for a period af ,
three years after the date of issuance of the audit report. This
� contract does contain Federal funds as of the date it is signed. This ,,
1 requirement 3s in addition to any other audit requirements contained in otlier
1 paragraphs within this contract.
�� (1U) If applicable, Contractor agrees to not use Federal funds to satisfy Federal
cost sharing and matching requirements unless appraved in wziting by the
, I appropriate Federal Agency.
Page 2 of 4 Pages
Rev. U1/13187
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W6712D
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. - Form 6•AC-0211 SPECYAL PROVISIONS �x'�""�'��'
. ' CONi'ROLLEIi'S APPROYAL
1. This contract shall not bc dcemed valid until it shall h•rvc becn approved by thc Controllcr of the Statc oF
Colorado or such assistant as hc may dcsignalc.'Chis provision is applicable to any contract involving the pay-
ment of moncy by the State.
FUND AVAILA.BILITY �
2. Financial obliga�ions ol'thc State payablc aRer thc currcnt fiscal ycar are contingent upon funds for that
purpose being appropriated,budgeted and otherwise made available. "
IiOND ftEQUIREMENT �'�'i!;;,.
3. If this convact involJes the payment of more than fitiy thousand dollars for the construction,erection, " `'
repa+r,maintenance,or improvement of any buiiding,road,bridge,viaduct,mnnel,excavation or other public
works for this State,the contractor shall,beFore enterin g the performance of an y such work inc l ud e d i n t h i s c o n-
� tract,duly execute and dclivcr to and file with the oRcial whose signamre appcars below for the Statc,a good '� �.
and su�licient bond or other acceptable surety to be approved by said official in a penal sum not less than one-
half of the totnl amount payable by the tcrms of this contrnct Such bond shall bc duly executed by a qualified
y corporatc surety,conditioncd(or thc due and faithful performance of the contrac[,und in addition,shall providc
' that if lhe contractor or his subcontraclors fail to duly pay for any lebor,malerials,team hire,sustenancc,pro-
visions,provendor or other supplies used or consumed by such contrac[or or his subcontractor in performance of �
the work contracted to be donc,the surcty will pay the samc in an amount not exceeding the sum specified in the
! bond,together with interest al the rate of eight per cent per annum. Unlcss such bond,when so required,is
j executed,dclivered und filcd,no claim in favor of the contractor arising under this contraci shall bc audited, ' '
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allowed or paid.A certilied or cashier's chcck or a bank money order payable to the Treasurer of the Slate oC
�; ` Colorado may bc accep�ed in lieu of u bond.This provision is in compliance with 38-26-106 CRS, as
'� amended.
IINDEMNTFICATION
4. 1b the cxtent nuthorized by law,the contraclor shall indemnify,save and hold harmless the State,its
! employccs and•rgents,against any•rnd ap claims,damages,liability end court awasds including costs,expenses,
�
and attorncy fees incurred as a result of any act pr omission by the contractor,or its employees,agents,subcoo-
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traclors,or assig,nees pursuant to the terms of this convact.
� DISCRIMINATION AND AFF[RMATIV�ACTIOPI i �
5. The contractor ayeee ro comply with the letter and spirit of the Colorado M[idiscrimina[ion Act o(1957,
as amended,and other applicablc law respecting discrimination and unfair employment practices(24-34-402.
� CRS 1982 Replacement Vol,),and as required 6y Executive Ordec,Equaf Opportunity and At'lirmative Action,
dated April 16,1975.Purstrant thereto,the jo!lowing prouisio�rs shalf be con�ained in alf Stale contracts or
sub-con(racls.
During the perFormance of this wntract,the contractor agrees as follows:
(I) Thc contracror will not discriminate against any employec or applicant fo�employmeat 6ecnuse of
� race,crecd,color,national origin,sex,mnrital s[atus,religion,ancestry,mental or physical handicap,or
agc.The contractorwill takc alTirmative action to insure that applicants are employed,and that employees
are trcated during employment,without regard to the above menUOned characteristics.Such action shall
include,but not be limited to the following:employment,upgrading,demotion,or trensfer,recruitment or }t--:
rccruiunent ad�eRising;lay-olTs or terminations;rates of pay or othcr forms of compensation;and selco- -r;
tion for training,including apprenticeship.The con[ractor agrees to post in conspicuous places,available
to employees und applicants for employment,rtotices to be provided by[he contracting officer setting forth �,i,
provisions of this non-discrimination clause.
(2) The contractor will,in all solicitations or advenisements for employces placed by or on behalf oF the ?t .;',.`;.P
contractor,state that all qualified applicants will receive consideration(or employment without regatd to
race, crced, color, national origin, sex, marital status, religion, ancestry, mental or physical -
handicap.or agc. � �-J' Y'
(3 The contrnctor will send to each labor union or re resentative oCworkers wieh which he has collective �' �"''`
) P ti_s.;.:xs�,.
�'� bargaining agrecmcnt or other contract or understxnding,nolicc to be provided by the contracting o�cer, ` ''�":�;<;:t'i�7•
- .. ,,..
udvisiag the lubor union or workcrs'representative of the coMractor's committment under thc Executive � ���(,;'��;::
Order,Equal Opportunity and Alrrtnativc Action,dated April 16,1975,and of the rules,regulauons,and �n "� ` �';
retevant Ordcrs of the Govcmor.
' i;�:.+. s<..
(4j Thc contractor and labor unions will lumish all information and reports required by Executive Order,
� Equal Opponunity and AOirmativc Action of April 16,1975,and by the rules,regulations and Orders of
' the Governor,or pursuant thereto,and will permit access to his books,records,and accounts by the con-
i tracting agcncy and thc oflicc of thc Govcmor or his designec(or purposcs oC investigation to ascertain
compliantc�vilh such rules,rcgulations and ordcrs.
(5) A labor organization will not cxcludc any individual othcrwise qualified Gom full membership rights in
such I.�bor organization,or cxpcl tmy such individual from membcrship in such labor orgtmizution or dis-
criminate agnins�any of its membcrs in thc ILII enjoyment of work opportunity,because of race,creed,
color,sex,national origin,or ancestry.
; (6) A labar organization,or the employees or membcrs thcrcoFwill not aid,a6et,incitc,compe!or werce
thc doing of any aci defincd in this contract to be discriminatory or obswet or prcvent any person from
� complying wiQi thc provisions of�his contract or any order issued thcreundcr,or attempt,cither directly or
indircctly,to commit:uiy acl defined in this contract to be discriminatory. �
395-53-01-1022 pagc _3 0l'.._.�pagcs
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• Ftitn 6-AC-02C ��+'3i:f'..'
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♦ ' (7) In thc cvent of thc contractor s non-compliancc with thc non-discrimination clauses of this con-
� � vact or with uny of such rulcs,rcgulations,or orders,this contract may be cancciled,terminatcd or sus-
• pended in whole or in pan anJ the contractor may be declared ineligible for further Stnte convacts in
aecordance wUh proceduros, au�horizud In �+xoauUve Ordor, �'quul OpNunuN�y md Alitrmaltve
Activn of April I 6,1975 nnd thc rulcs,rcgulutions,or orJccs promulgatcd in accordancc thcrewith,and
such other sanctions as may be imposed and remedies as may be invoked as provided in Executive
' Order,Equat Opportunity and A�rmative Action of April 16,1975,or by rules,regulations,or orders
promulgated in accordance therewith,or as otherwise provided by law.
(8) The contractor will include the provisions of paragraph(1)through(8)in every sub-contract and
subcontractor purchase order unless exempted by cules, regulations,or orders issued pursuant to _`� ' _
Executive Order,Equai Opportunity and Affirtnative AcGon of April 16,1975,so ffiat such provisions •_:i'�:'
will be binding upon cach subconvactor or vendoc The contractor wiU take such action with respect[o '::;;i=_;::.:.
any sub-contracting or purchase order as the contracting ageney may direc[,as a means oC enfarcing ,�j'!:"'
such provisions,including sanclions for non-compliance;provided,however,that in the event the con- _ -
' lractor bewmes involved in,or is thrcatened with,litigation with ehe subcontractor or vendor as a resull
' of such direction by the contrecung agency,the contractor may request the State of Colorado to enter �t�' °:
inta such litigation to protect the interest of lhe State o(Colorado. � -
y COLORADO LABOR PREFERENCE
� 6 a Provisions of 8-17-f 01&102,CRS for preference of Colorado labor are applicable to this contract if public
works within the State are undertaken hereunder and are financed in whole or in part by State Funds.
b. When a construction wntract for a public projcct is to lx awarded to a bidder,a resident bidder shall be �ti:
j allowcd a preference against a non-residcnt biddcr from a state or foreign country equal to the preference given or y
� required by ihe slale or foreign country in which the non-resident bidder is a rcsidenl If it is delermined by the ;
a o(Bcer responsible for awarding the bid that compliance with this subsection.Ob may cause denial of federal funds ; f•.�_
' which would othcrwise be availablc or would othenvise be inconsistent with requirements of federal law,this su�
� ; section shall bc suspended,but only to the extend necessary to prevent denial of the moneys or to eliminate the �
;� inconsistency With federal requirements(section 8-19-101 and 102,CRS). �
J GENERAL
I 7. The laws of the State of Colorado and rulcs and regulations issucd pursuant ihereto shall be applied in[he
i interpretation,execution and enforcemenl of this contracL Any provision of this contract whether or not incor- ,.
j porated hercin by reference which provides for arbitration by any extra-judicial body or person or which is other-
wise in conllict with said laws,rulcs and regulations shall be considered null and void.Nothing contained in any
] provision incorporated hercin by reFcrence which purports to negate this or any other special provision in whole or
.� in part shall be valid or enl'orceable or available in any action at law whecher by way of complaint,defense or other- '
wise.Any provision rendered null and void by the operation oCthis provision will not invalidate the remainder of i
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this coniract to the extent that the contract is capable of execution.
� 8. At aU times during thc performancc of this Contract,the Contractor shall strictly adhere to all applicable
'g Federal and state laws,rules and regulations that have been or may hereafter be established.
�� 9. The signatorics herMO avcr that they are I'amiliar with 18-8-301,et,seq.,(Bribery and Corrupt lnfluences)
j and 18-8-401,et.seq..(Abuse ol'Public Officc),CRS 1978 Replacement Vol.,and that no violation of such pro-
� visions is prescnt.
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� 10. The signatories aver that tu thcir knowledge,no state employee has a personal or beneficial interest what-
soever in lhe service or property described herein:
-�I IN W[TNESS WHEREdF, the parties hcreto have executed this Contract on the day first above i
��:
written. gOARD OF COUNTY LOMM 1 SS I 9NERS� �;
Contractor: P�TKIN COUNTY for the ASPEN/PITKIN i
i ENV I RONMENTAL HEALTH DEPAR7MENT STATE OF COLORAD� :.}
(Full Legal Name)
, ROY ROMER, GOVERNOR
� • — g %� � for the . \ , ,
� •�l Clf VE DIREfTOR �
y .�rJ A �.
, Chairman i � . � "
•ition(TiUe) k;�_;
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GS�,f-�L� �Z� DEPARTMEN7' n�� �
�� s.��a x..mr N•�.k��.r�..��u. .mn.. QF_FIEA1 TH � � �
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jAttest( �sl) � .
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vp we]eanary.�. ' .akm.I'a N( l'x�/['� �x�'k .
APPROVALS
• ATTORNEY � Eyy00DARD C T OLLER �
. By i BY .
.�► ���. JAllll�S A.
t A1tOMB4 ZiBf1A/8!
G nerel Logal Service�:
PROGRAM APPROVAL:
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