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HomeMy WebLinkAboutC81-066 CDPHEf Form 6-AC-02A � f DEMENT OR AGENCY NUMBER .� e • T • !� 260000 CONTRACT ROUTING NUMBER CONTRACT Nunc Pro Tunc January 1, 1981 THIS CONTRACT, made this day of February 1981, by and between the State of Colorado for the use and benefit of the Department of ' —Health 4210 E. 11th Avenue, Denver, Colorado 80220 hereinafter referred to as the State, and .2 T e town of Vail and Board of County Commissioners of Eagle County-- Vail -Box 100, Vail, Colorado 81657 hereinafter referred to as the contractor, Eagle Co. Comm. -Box 850, Eagle, Colorado 81631 WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available Ir payment in Fund Number 1001 G/L Account Number 55�57 , Contract Encumbrance Number C�91 z -.and WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies, and WHEREAS, .3 1. The State Air Pollution Control Division is desirous of expanding its gaseous and particulate data collection network; and 2. The frown of Vail and the Eagle County government are willing to provide staff time and resources for additional training and sampling equipment operations at selected sites in Eagle County for collection of air pollution data; and `r.� 3. The State and the Contractor had come to agreement on terms of the contract such that performance could begin on 1 January, 1981, but the terms could not be reduced to writing and executed until 20 February, 1981, because logistics and sites could not be determined. *.r/ 4. The State and the Contractor ratify and affirm the actions taken and services performed since January 1, 1981. NOW THEREFORE, it is hereby agreed that for and in consideration* of their mutual promises to each other, hereinafter stated, the parties hereto agree as follows: 1. An agreement is hereby reached between the Colorado Department of Health, Air Pollution Control Division and Eagle County and the town of Vail, acting jointly as a partner to provide air quality monitoring data. 2. It is further agreed that the sum of $1,039.00 is provided by the State to the two partners acting as one contractor to perform the duties and tasks contained in attachments I and II. 3. The available funds from the State shall be paid in two payments of $795.00 and $244.00 to the town of Vail and Eagle County Government, respectively upon written request to the Colorado Department of Health and upon submission of the final report to the Air Pollution Control Division. 4. The term of this contract shall be for a period ending -April 30, 1981. 5. The results of the bag sampling program will be consolidated into a final report containing all raw data values, graphic displays, maps of sampling sites and written procedures as well as conclusions within 90 days of the termination of the project on or not later than July 31, 1981. This report will be submitted to the Division for review and revision. 395-53-01-C 010 Page 1 off— pages *(See instructions on reverse of last page.) COLORADO DEPARTMENT OF HEALTH - hereinafter, under the General Provisions, referred to as "Health." GENERAL PROVISIONS The parties of this Contract intend that the relationship between them contemplated by this Contract is that of employer -independent contractor. No agent, employee, or servant of Contractor shall be or shall be deemed to be an employee, agent, or servant of Health. Contractor will be solely and entirely responsible for its acts and the acts of its agents, employees, servants and subcontractors during the performance of this Contract. At all times during the performance of this Contract, the Contractor shall strictly adhere to all applicable federal and state laws that have been or may hereafter be established. Contractor authorizes Health to perform audits and to make inspec- tions for the purpose of evaluating performance under this Contract. Contractor shall indemnify Health against all liability and loss, and against all claims and actions based upon or arising out of damage or injury, including death, to persons or property caused by or sustained in connection with the performance of the Contract or by conditions created thereby, or based upon any violation of any statute, ordinance, or regulation and the defense of any such claims or actions. Either party shall have the right to terminate this agreement by giving the other party thirty (30) days notice by registered mail, return receipt requested. If notice is so given, this agreement shall terminate on the expiration of the thirty (30) days, and the liability of the parties hereunder for the further performance of the terms of this agree- ment shall thereupon cease, but the parties shall not be relieved of the duty to perform their obligations up to the date of termination. This agreement is intended as the complete integration of all under- ,*MW/ standings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect what- soever, unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a written contract executed and approved pursuant to the State Fiscal Rules Page 2 of 4 Pages Form 6-AC-02B SPECIAL, PRO :'ISIONS CONTROLLER'S APPROVAL 1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate. This provision is applicable to any contract involving the payment of money by the State. FUND AVAILABILITY 2. 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. BOND REQUIREMENT 3. If this contract involves the pavment of more than ten thousand dollars for the construction, erection, repair, maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public work for this State, the contractor shall, before entering upon the performance of any such work included in this contract, duly execute and deliver to and file with the official whose signature appears below for the State, a good and `sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one-half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate surety, conditioned for the due and faithful performance of the contract, and in addition, shall provide that if the contractor or his subcontractors fail to duly pay for any labor, materials, team hire, sustenance, provisions, provender or other supplies used or consumed by such contractor or his subcontractor in peformance of the work contracted to be done, the surety will pay the same in an amount not exceeding the sum specified in the bond, together with interest at the rate of eight per cent per annum. Unless such bond, when so required, is executed, delivered and filed, no claim in favor of the contractor arising under this contract shall be audited, allowed or paid. A certified or cashier's check or a bank money order made payable to the Treasurer of the State of Colorado may be accepted in leiu of a bond. MINIMUM WAGE 4. Except as otherwise provided by law, if this contract provides for the payment of more than five thousand dollars and requires or involves the employment of laborers or mechanics in the construction, alteration or repair of any building or other public work, (except highways, highway bridges, underpasses and highway structures of all kinds) within the geographical limits of the State, the rate of wage for all laborers and mechanics employed by the 14001, contractor or any subcontractor on the building or public work covered by this contract shall be not less than the prevailing rate of wages for work of a similar nature in the city, town, village or other civil subdivision of the State in which the building or other public work is located. Disputes respecting prevailing rates will be resolved as provided in 8-16-101, CRS 1973, as amended. DISCRIMINATION AND AFFIRMATIVE ACTION 5. The contractor agrees to comply with the letter and sprit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law respecting discrimination and unfair employment practices (24-34-301, CRS 1973, as amended), and as required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975. Pursuant thereto, the following provisions shall be contained in all .State contracts or sub -contracts During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age. The contractor will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to the above mentioned characteristics. Such action shall include, but not be limited to the following: 'employment, upgrading, demotion, or transfer, recruitment or recruitment advertisings; lay-offs or terminations; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in, conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth � J provisions of this non-discrimination clause. (2) The contractor will. in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age. (3) The contractor will send to each labor union or representative of workers with which he has collective bargaining agreement or other contract or understanding, notice to be provided by the contracting officer, advising the labor union or workers' representative of the contractor's committment under the Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the rules, regulations, and relevant Orders of the Governor. (4) The contractor and labor unions will furnish all infonnation and reports required by Executive Order, Equal Opportunity and Affirmative 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 contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules, regulations and orders. (5) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization, or expel any such individual from membership fn* such labor organization or discriminate against any of its members in the full enjoyment of work opportunity, because of race, creed, color, sex, national origin, or ancestry. (6) A labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce ti✓ the doing of any act defined in this contract to be discriminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder: or attempt, either directly or indirectly, to commit any act defined in this contract to be discriminatory. 395-53-01-C 028 page 3 of 4 pages - ° Form 6-AC OZt (7i In the event of tl�contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further State contracts in accordance with procedures, authorized in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975 and the rules, regulations, or orders promulgated in accordance therewith, and such other sanctions, as may be imposed and remedies as may be invoked as provided in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, or by rules, regulations, or orders promulgated in accordance therewith, or as otherwise provided by law. L� (8) The contractor will include the provisions of paragraphs (1) through (8) in every sub -contract and sub -contractor purchase order unless exempted by rules, regulations, or orders issued pursuant to Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, so that such provisions will be binding upon each sub -contractor or vendor. The contractor will take such action with respect to any sub -contracting or purchase order as the contracting agency may direct, as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with the subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado. COLORADO LABOR PREFERENCE 6. Provisions of 8-17-101, R 102, CRS 1973 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. GENERAL 7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution and enforcement of this contract. Any pro%ision of this contract whether or not incorporated herein by reference which pro%ides for arbitration by any extrajudicial body or person or which is otherwise in conflict with said laws, rules and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in \%MOP, whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint, defense or otherwise. Any provision rendered ntill and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution. .14w/ 8. The signatories hereto aver that they are familiar with I S-8-301, et seq., ( Bribery and Corrupt Influences) and 18-8-401. et seq., (Abuse of Public Office). C.R.S. 1973, as amended. and that no violation of suchprovisions is present. 9. The signatories aver that to their knowledge, no state employee has any personal or heneficial interest whatsoever in the service or property described herein. IN WITNESS W EO , the p, ies hereto have executed this Agreement on the day first above written. TOWN OF VA I L / �`,c"'� /d. STATE OF COLORADO �'7PV$-� RICHARD I). LAMI.M. GMERNOR Contractor By for tf4XECUTdvE DIRECTOR. DEPARTMENT B !<E- 0.OF HEALTH Cha i'rman ATTORNEY GENERAL t;y APPROVALS CONTROLLER By 395.53-02-CO35 *See instructions on reverse side. *INSTRUCTIONS (1) Insert official Department designation, e. g., Administration, Local Affairs, etc. as appropriate. (2) Set forth company(ies) or individual(s) name(s) and address(es). (3) Insert a brief statement indicating reason for contract, e. g., "The contractor having special knowledge, expertise and skill in diagnosing and testing diseases affecting cattle; and." Use as many "Whereas's" as required. If additional space is required continue to above words "NOW, THEREFORE;" and state "continued on page 2". On page 2, state "Whereas continued from page 1" if required. (4) Specify clearly the goods or services contracted for, the consideration moving from one party to the other, the time within which the contract is to be executed, limitations on assignments, if any, and special provisions desired, or required. Seek legal assistance when in doubt. Separate each principal item and number consecutively using as many pages as necessary. (5) If a delegee signs for the Executive Director place the words "FOR THE" before the word "EXECUTIVE" Autographic, as distinguished from stamped, signatures should, as a minimum, be affixed to the original, which will be filed by the Division of Accounts and Control, and two counterparts, one of which shall be transmitted to the contractor. If there is more than one contractor a copy so signed will be sent to each, thus requiring additional autographic signatures. \%Op/ town a box 100 vail, colorado 81657 (303) 476-5613 rv-�;:. ATTACHMENT I CIA department of community development TOWN OF VAIL'S PORTION OF EAGLE COUNTY/ TOWN OF VAIL JOINT AIR QUALITY EFFORT I propose to continue to run the NDIR which is on loan to the Town of Vail from the Environmental Protection Agency through February and at least March,1981 and possibly until mid -April. I began running this unit on October 30, 1980. Because of the lack of snow in the Colorado Rockies fewer destination travelers are staying in Vail and thus the sales tax revenue is down. This has meant a 23 percent cutback in our 1981 operating budgets. The lack of snowfall and cloud cover also have meant higher than normal pollutant levels. With little air cleansing snowfall, particulates remain suspended in the air longer. Also, the clear, cold nights have provided many inversion episodes trapping pollutants in the Gore Valley. Listed below are NDIR operational costs. Time units Total time Cost 1. Instruction for Erik Edeen on operating NDIR unit 1 hour $25.00 2. Weekly calibration and precision check 3 hrs/wk. 30 hrs. 750.00 3. Weekly data reduction 3 hrs./wk. 30 hrs. 750.00 TOTAL COST . . . . . . . . . . . . . . . $19525.00 STATE GRAT1_ SHARE REQUESTED . . . . . .$ 795.00 4 C j� t Submitted by Laura Snyder Environmental Health Officer January 23, 1981 �yi- 42 3cx 850 EAGLE, COLORADO o1631 TELEPHONE 303/328-7311 BOARD OF COUNTY COM'..IS510i:ER5 Ex. 241 ADMI"':STRATION Ext 2C1 - IMAL SHELTER 'vnvj-4292 ASSESSOR Ex: 202 BUILDING IN INSPECTION Ext 225 or 229 CLERK & RECORDER Ex-t 217 COUNTY AT TO RINEY Ext 242 E`iG1NEER Ext 236 ENVIRON,MENTAL HEALTH Ext 238 EXT=".SION A'GE.,T =xt 247 RARY %,Mow 2 5 5 PUBLIC HEALTH Ea jie Ext 252 Vail 476.5E +4 PLANNING Ext 226 or 229 PURCHASING/ PEPSO'41"'_L Ext 245 ROAD & BRIDGE Ext 257 SHERIFF E2yie Ext 211 Sasait 927-3244 Gilr-an 827.5751 SOCIAL SERVICES 323-6328 TREASURER Ext 201 ATTACHMENT II £ASLE COirNTY' S PORTION OF EAGLE COUNTY/ TO �1 OF %AIL JOINT AIR QUALITY EFFORT We propose, to set up a 24-hour carbon monoxide grab sampler at two locations in Eagle County. Location #1 is to be at the Pocky ::ounta i n STOLport at Avon. Location ,`2 will be at the post office in Edwards. Each location will be sampled for three consecutive days. The HI -Volume particulate sampler will be operated on these same days also. A breakdown of total project costs is included in the table below. The state grant is expected to pay for half of these costs. Labor - professional staff = $12/hr. Labor - clerical staff = $7/hr. Transportation (Eagle--3Edwards>Avon->Vai1 and Return) = 60 miles/day @ 20�/mile = $12/day 6-DAY TIME DAILY TOTAL SPENT COST COST Professional - Preparaton of Final Report 3 hrs. $36.00 $ 36.00 Clerical - Preparation & Typing of Final Report 2 hrs. $14.00 $ 14.00 Field Work - Setting Up & Checking Equipment 1 hr. $12.00 $ 72.00 Transportation -Mileage $12.00 $ 72.00 Transportation - Travel Time 2 hrs. $24.00 $144.00 0perati ng ^lme or. 11DIR l.in at Vail 1 hr_ $12.00 $ 72.00 TOTAL PROJECT COST . . . . . . . . . . . . . $410.00 STrTE GRANT SH-kR.E . . . . . . . . . . . . . $205.00 Submitted by t-7. Edeen Environmental Health Officer January 16, 1981