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HomeMy WebLinkAboutC18-009 Colorado Department of Public Health and EnvironmentDEPARTMENT OR AGENCY NAME COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT DENS DEPARTMENT OR AGENCY NUMBER FAAA CONTRACT AMENDMENT ROUTING NUMBER 18 FEFA 106208 To Original Contract Routing Number 17 FE FA 97483 CONTRACT AMENDMENT #1 This Contract Amendment is made on November 27, 2017, by and between the Stale of Colorado, acting by and through the DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, whose address or principal place of business is 4300 Cherry Creek Drive South, Denver, Colorado 80246, hereinafter referred to as the "State'; and, EAGLE COUNTY WYE RNEMENT, whose address or principal place of business is PO Box 850 Eaale, Colorado 81631, hereinafter referred to as the "Contractor". FACTUAL RECITALS The parties entered into a contract dated May 12, 2017, with contract encumbrance number CT FAAA 201700003456, and contract routing number 17 FEFA 97483, hereafter referred to as the "Original Contract", whereby the Contractor was to provide to the State the following: The Eagle County Solid Waste and Recycling program was awarded a grant to complete a regional study that examines waste compositions, determines how solid waste is managed in the study area, identifies gaps in infrastructure that would improve the study area's waste diversion rate, and creates partnerships within the study area. Though the grant project is managed by Eagle County, the counties of Garfield, Rio Blanco, Moffat, and Routt are also participants and included in the study area. Changes were required to extend the term of the contract to allow additiorial time to complete activities in the Statement of Work, Exhibit D. The State hereby exercises a "no cost" change within the current term of the Original Contract, NOW THEREFORE, in consideration of their mutual promises to each other, stated below, the parties hereto agree as follows: 1. Consideration for this Contract Amendment to the Original Contract consists of the payments and services that shall be made pursuant to this Contract Amendment, and promises and agreements herein set forth, 2. It is expressly agreed to by the parties that this Contract Amendment is supplemental to the Original Contract, contract routing number 17 FE FA 97483, referred to herein as the Original Contract, which is by this reference incorporated herein. All terms, conditions, and provisions thereof, unless specifically modified herein, are to apply to this Contract Amendment as though they were expressly rewritten, incorporated, and included herein. It is expressly agreed to by the parties that the Original Contract is and shall be modified, altered, and changed in the following respects only: Page 1 of 4 Contract Amendment Standard Template ver 3____9003,doex ver 29.11,17 C18-009 A. The period of performance of the current term is hereby extended by three and a half 13,51 months, changing the current ending date from December 15, 2017 to April 30, 2018, The revised period of performance is May 12, 2017 through and including April 30, 2018. 1. This Contract Amendment is issued pursuant to paragraph 16 of the Original Contract. This Contract Amendment is for the current term of May 12, 2017, through and including, April 30, 2018. The revised Specifications to the original Statement of Work, of the Original Contract, is incorporated herein by this reference and identified as "Fxlribit D:' B. The Contract and all prior amendments thereto, if any, are modified as follows: The Original Contract is modified accordingly. All other terms and conditions of the Original Contract are reaffirmed. 4. The Effective Date of this Contract Amendment is December 15, 2017, or upon approval of the State Controller, or an authorized delegate thereof, whichever is later. Except. Cor the General Provisions and Special Provisions of the Original Contract, iii the event of any conflict, inconsistency, variance, or contradiction between the terms and provisions of this Contract Amendment and any of the terms and provisions of the Original Contract, the terms and provisions of this Contract Amendment shall in all respects supersede, govem, and control. The Special Provisions shall always control over other provisions of the Original Contract or any subsequent amendments thereto. The representations in the Special Provisions to the Original Contract concerning the absence of personal interest of state of Colorado employees are presently reaffirmed. 6. FINANCIAL OBLIGATIONS OF THE STATE PAYABLE AFTER THE CURRENT FISCAL YEAR ARE CONTINGENT UPON FUNDS FOR THAT PURPOSE BEING APPROPRIATED, BUDGETED, AND OTHERWISE MADE AVAILABLE, Page 2 of 4 Contract Amendment Standard Template ver 3_9003.docx ver 29.11.17 SIGNATURE PAGE Contract Routing Number 18 FEFA 106208 THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT AMENDMENT Each person signing this Contract Amendment represents and warrants that he or she is duly authorized to execute this Contract Amendment and to bind the party authorizing his or her signature. CONTRACTOR Eagle County Government a political sub -division %1 Print Name of Authorized Individual ,STATE OF COLORADO John W. Hickenlooper, Governor Colorado Department of Public Health and Environment Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer By: Lisa McGovern Purchasing and Contracting Section Director, CDPHE PROGRAM APPROVAL Colorado Department of Public Health and Environment Rachel Wilson -Roussel Sustainability Unit Manager By: r By: Signature of Authorized CDPI-IE Program Approver ate Date LEGAL REVIEW Cynthia H. Coffman, Attorney General Signature — Senior Assistant Attorney General Date In accordance with §24-30-202 C.R.S., this Contract Amendment is not valid until signed and dated below by the State Controller or an authorized delegate. STATE CONTROLLER Robert Jaros, CPA, MMA, JD t By: Name of Agency Delegate Effective Date: Page 3 of 4 Contract Amendment Standard Template ver 3__.9003.docx ver 29.11.17 This page left intentionally blain Page 4 of 4 Contract Amendment Standard Template ver 3�.9003.docx ver 29.11.17 2111119810 STATEMENT OF WORK Contract Amendment #1 Routing Number 18 FEFA 106208 To Original Contract Routing Number 17 FEFA 97483 These provisions are to Ue read and interpreted in conjunction yvifla the provisions of the contract slxcitied aUove. I. Entity Name: Eagle County, Colorado II, Project Description: This project serves to lay the groundwork for establishing shared regional infrastructure, increased diversion and strong community engagement in northwest Colorado. The Eagle County Solid Waste and Recycling program shall complete a regional study that examines waste compositions, determines waste flows, identifies gaps in infrastructure, and creates partnerships within the study area. III. Definitions: 1. Northwest Colorado The study area encompasses the following counties: Eagle, Garfield, Rio Blanco, Moffat, and Rout(. 2. Stakeholders Individuals and groups who have a vested interest in the planning, development, implementation, success and evaluation of a project or initiative. IV. Wark Plan: Goal #1: To optimize waste reduction raid diversion efforts in northwest Colorado. Objective #1: No later than the expiration date of this contract, the Contractor shall assess current conditions and gather the information needed to create a plan for increased resource recovery in northwest Colorado. No later than January 15, 2018, the Contractor shall invite stakeholder input on how best to Primary Activity #1 optimize waste reduction and diversion efforts in northwest Colorado. a. No later than June 15, 2017, the Contractor shall conduct an internet-based survey to identify existing altitudes and behaviors about recycling and will gather opinions on how to improve waste reduction programs in northwest Colorado. b. No later than June 15, 2017, the Contractor shall convene an initial investigative Sub -Activities #1 stakeholder meeting. c. No later than January 15, 2018, the Contractor shall convene at least one (1) stakeholder work session to discuss current infrastructure and begin identifying present and future needs. No later than December 15, 2017, the Contractor shall oversee the completion of no less than Primary Activity #2 four (4) waste audits to confirm the general composition of the solid waste stream. No later than December 30, 2017, the Contractor shall write a report summarizing the results of Sub -Activities #2 the waste audits. No later than April 15, 2018, the Contractor shall produce a final report that includes an Primary Activity #3 inventory and assessment of regional solid waste related infrastructure and feasible options for future materials management infrastructure and policy. No later than March 31, 2018, the Contractor shall convene a stakeholder follow-up meeting to Sub -Activities #3 share the results from the waste audit, gap analysis, and discuss recommendations for future action. No later than the last business day of each month, the Contractor shall write a progress report Primary Activity #4 on all work that was completed during that month. Page 1 of 3 Exhibit D —Statement of Work.doc IIIIIINNE Standards and 1. The Contractor shall collaborate with other counties in the study area to produce a list of Requirements the entities within each county that are involved in waste activities, landfills, public works, public haulers, recycling facilities, city/county staff, compost facilities, and special interest groups. This list of contacts will be invited to participate in each stakeholder meeting. 2. The Contractor shall arrange to have a facilitator present at each stakeholder meeting to ensure discussions are targeted to address specific regional strategy components, opportunities for collaborating on infrastructure and policy changes, and potential partnerships. 3. The Contractor shall invite the general public to each stakeholder meeting and shall coordinate with each County's public information officer to announce meeting dates, times, and locations. 4, The Contractor shall make an extra effort to contact key stakeholders who are not able to attend a stakeholder meeting or who are non-responsive to ensure they respond to the survey. The Contractor shall design the survey in such a way that allows members of the general public to respond to the survey, though the department recognizes that feedback from the general public is not the survey's primary objective, 5. The Contractor shall encourage survey respondents to use the internet-based survey instrument, but shall also give respondents the option of submitting a hard -copy of their survey responses if requested. 6. The Contractor shall reference the American Society for Testing and Materials D-5231 standard, the California Integrated Waste Management Board's Uniform Waste Disposal Characterization Method and the United Slates Green Building Council's LEED Waste Management Policy and Waste Stream Audit Requirements will be used as a reference when developing the waste audit's methodology, 7. The Contractor shall conduct each waste audit at the largest landfill in a given county within the study area, or if the Contractor determines (hat conducting a waste audit at a landfill is not feasible, the Contractor shall coordinate a waste audit with a waste hauler. The Contractor shall sort no less than three (3), 200 pound samples when conducting each waste audit. 8. The Contractor shall reference historical data from previous waste audits in Eagle, Garfield, Routt, and Moffat counties to inform the new audit. 9. The Contractor shall receive, at minimum, verbal bi-weekly updates from the hired consultants to track progress and identify delays. The Contractor shall notify CDPHE program staff via email within three (3) business days if there is an anticipated delay that exceeds a scheduled completion date by more than two (2) weeks. 10. The final report shall address the following: a, waste audit analysis bs results from the survey and stakeholder meetings, including a discussion on all outreach performed to inform the general public c. analysis of existing infrastructure d, analysis of future infrastructure and policy needs 14 e. explanation of the region's collaborative efforts undertaken during the project and plans for future collaboration among stakeholders L discuss steps that will be taken to implement the recommendations in the plan g, summary of each consultant's and sub -contractor's performance Expected Results of 1. The region will have a thorough understanding of the attitudes, knowledge, and capacities Activity(s) of residents and businesses in relation to recyclables and compostables. 2. The region will have an inventory of solid waste related infrastructure and a list of Feasible options for future materials management infrastructure and policy. 3. The region will have a sound understanding of the materials in its solid waste stream. Page2of3 Exhibit 17 — Statement of Work.doc Measurement of Expected Results 1. The Contractor shall have compiled the feedback received during the stakeholder meetings and from the survey, 2. The Contractor shall have completed a waste audit and an analysis of other audits completed in the region from the past ten (10) years. 3. The Contractor shall have a list of actionable items to improve regional infrastructure. Completion Date Deliverables 1, The Contractor shall submit via email to CDPHE No later than the last business program staff a progress report on all work that was day of the month, beginning the completed during that month month following the effective date of the contract until contract end date. 2. The Contractor shall submit via email to CDPHE No later than December 30, program staff a report summarizing the results of the 2017 waste audits. 3. The Contractor shall submit via email to CDPHE No later than April 15, 2018 program staff a final report. V. Monitoring: CDPHE's monitoring of this contract for compli�uice with performance requirements will be canducted throughout the contract period by the Program's Grant Administrator. Methods used will include a review of documentation determined by CDPHE to be reflective of performance to include progress reports and site visits. 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 1�1 calendar days of discovery of a compliance issue. Within 30 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 Grunt Administrator and receive approval for a new due date. The State will oversee the completion/implementation of the action(s) to ensure time fines aur, met and the issues) 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 3 of 3 Exhibit D —Statement of Wprk.dac