HomeMy WebLinkAbout2018-43 Updating IGA with CO Dept. of Public Health and Environment regarding State Nonpoint Sourse Management ProgramRESOLUTION NO. 43
Series of 2018
A RESOLUTION UPDATING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE TOWN OF VAIL AND THE COLORADO DEPARTMENT OF PUBLIC
HEALTH AND ENVIRONMENT REGARDING STATE NONPOINT SOURCE
MANAGEMENT PROGRAM; AND SETTING FORTH DETAILS IN REGARD
THERETO
WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of
Colorado is a home rule municipal corporation duly organized and existing under the
laws of the State of Colorado and the Town Charter (the "Charter");
WHEREAS, the members of the Town Council of the Town (the "Council") have
been duly elected and qualified;
WHEREAS, the United States Environmental Protection Agency has awarded
federal funds to provide support to the state of Colorado (the " State") to implement its
State Nonpoint Source Management program developed under the Clean Water Act;
WHEREAS, the Town desires to construct Best Management Practices at the
public works facility to reduce nonpoint source pollutant loading to Gore Creek;
WHEREAS, the Town and the State would like to update the existing
Intergovernmental Agreement (the " Agreement") formalizing the responsibilities of both
Parties to receive federal funds for allowable and allocable expenses and extending the
end date of the existing contract; and
WHEREAS, the Council finds and determines that the Agreement will promote
the health, safety, morals, and general welfare of the Town.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO THAT:
Section 1. The Council hereby approves the Agreement and authorizes the
Town Manager to enter into the Agreement with the State in substantially the same
form as attached hereto as Exhibit A and in a form approved by the Town Attorney.
Section 2. This Resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Vail held this 6th day of November, 2018.
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CONTRACT AMENDMENT #1
SIGNATURE AND COVER PAGE
State Agency :
STATE OF COLORADO
Original Contract #
Town of Vail
Colorado Department Of Public Health and Environment
18 FEGA 99113
Colorado Department Of Public Health and Environment
4300 Cherry Creek Drive South
By: Print Name & Title
By: Lisa McGovern, Director Procurement and Contracts
Date:
Amendment Contract Number
Denver, Colorado 80246
In accordance with §24-30-202 C.R.S., this Amendment is
19 FEGA 121509
Contractor
or an authorized delegate.
CORE Encumbrance #
Town of Vail
STATE CONTROLLER
CT FAAA 201800000172
75 South Frontage Road
Date:
Vail, Colorado 81657
By:
Contract Performance Beginning Date :
Current Contract Expiration Date
The later of the Effective date or July 1, 2017
January 31, 2021
CONTRACT MAXIMUM AMOUNT TABLE
Document
CMS Routing #
Federal Funding
State Funding
Other Funding
Term (dates)
Total
Type
Amount*
Amount
Amount
Original Contract
18 FEGA 99113
$135,125.00
$0.00
$0.00
7/1/2017-1/31/2021
$135,
25.00
Amendment#1
19FEGA 121509
1 $0.00
$0.00
$0.00
12/15/2018-1/31/2021
$0.00
* Federal Funds attributed to United States Government funding source
Current Contract Maximum
$135,125.00
Catalog of Federal Domestic Assistance (CFDA) Number 66.460
Amount (Year To Date)
THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT
Each person signing this Amendment represents and warrants that he or she is duly authorized to execute this Amendment
and to bind the Party authorizing his or her signature.
CONTRACTOR
STATE OF COLORADO
Town of Vail
John W. Hickenlooper, Governor
Colorado Department Of Public Health and Environment
By: Print Name & Title
By: Lisa McGovern, Director Procurement and Contracts
Date:
Date:
PROGRAM APPROVAL
In accordance with §24-30-202 C.R.S., this Amendment is
not valid until signed and dated below by the State Controller
By:
or an authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
Date:
By:
David Norris
Amendment Effective Date:
Pagel of 3
PARTIES
This Amendment (the "Amendment") to the Original Contract shown on the Signature and Cover
Page for this Amendment (the "Contract") is entered into by and between the Contractor, and the
State.
2. TERMINOLOGY
Except as specifically modified by this Amendment, all terms used in this Amendment that are
defined in the Contract shall be construed and interpreted in accordance with the Contract.
3. AMENDMENT EFFECTIVE DATE AND TERM
A. Amendment Effective Date
This Amendment shall not be valid or enforceable until the Amendment Effective Date
shown under the State Controller Signature. The State shall not be bound by any provision of
this Amendment before that Amendment Effective Date, and shall have no obligation to pay
Contractor for any Work performed or expense incurred under this Amendment either before
or after of the Amendment term shown in §3.B of this Amendment.
B. Amendment Term
The Parties' respective performances under this Amendment and the changes to the Contract
contained herein shall commence on the Amendment Effective Date shown under the State
Controller Signature or December 15, 2018, whichever is later and shall terminate on the
termination of the Contract.
a. PURPOSE
The Parties entered into the agreement to improve water quality by implementing best
management practices to reduce chemical and sediment loading near a public works facility site
adjacent to Gore Creek near Vail, Colorado.
The Parties now desire to no cost change for the following reason: to extend the contract term
due to delays associated with with best management practices implementation. Additionally,
provisions to add an option letter have been added.
Page 2 of 3
5. MODIFICATIONS
The Contract and all prior amendments thereto, if any, are modified as follows:
A. The Contract Initial Contract Expiration Date on the Contract's Signature and Cover Page is
hereby deleted and replaced with the Current Contract Expiration Date shown on the
Signature and Cover Page for this Amendment.
B. The Amendment and all prior amendments thereto, if any, are modified as follows:
The Parties now agree to modify Exhibit: A, Additional Provisions is deleted and
replaced in its entirety with Revised Exhibit A, to add additional provisions # 22 and
23.
LIMITS OF EFFECT AND ORDER OF PRECEDENCE
This Amendment is incorporated by reference into the Contract, and the Contract and all prior
amendments or other modifications to the Contract, if any, remain in full force and effect except
as specifically modified in this Amendment. Except for the Special Provisions contained in the
Contract, in the event of any conflict, inconsistency, variance, or contradiction between the
provisions of this Amendment and any of the provisions of the Contract or any prior modification
to the Contract, the provisions of this Amendment shall in all respects supersede, govern, and
control. The provisions of this Amendment shall only supersede, govern, and control over the
Special Provisions contained in the Contract to the extent that this Amendment specifically
modifies those Special Provisions.
Page 3 of 3
Revised Exhibit A
ADDITIONAL PROVISIONS
To Original Contract Dated 04/13/2017- Original Contract Routing Number 18 FEGA 99113
To Contract Amendment #1 Routing Number 19 FEGA 121509
1 hese provisions are to be read and interpreted in conjunction with the provisions of the Contract specified above.
This Contract contains federal funds (see Catalog of Federal Domestic Assistance (CFDA) number 66.460).
The United States Environmental Protection Agency ("USEPA") has awarded federal funds under Notice
of Cooperative Agreement Awards, hereinafter "NCAA" number C9-99818616, to provide support to the
state of Colorado to implement its State Nonpoint Source Management program developed under the Clean
Water Act Section 319.
If the underlying Notice of Cooperative Agreement Award "NCAA" authorizes the State to pay all
allowable and allocable expenses of a Contractor as of the Effective Date of that NCAA, 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 Contract. If the underlying NCAA does
not authorize the State to pay all allowable and allocable expenses of a Contractor as of the Effective Date
of that NCAA, 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
Contract, with such Effective Date being the later of the date specified in this Contract or the date the
Contract is signed by the State Controller or delegee.
To receive compensation under this Contract, the Contractor shall submit a signed quarterly CDPHE
WQCD Nonpoint Source Program Custom Invoice Form. This form is accessible from the CDPHE internet
website http://www.colorado.yov/cs/Satellite/CDPHE-Main/CBON/1251622941228 and is incorporated
and made part of this Contract by reference. CDPHE will provide technical assistance in accessing and
completing the form. The CDPHE WQCD Nonpoint Source Program Custom Invoice Form must be
submitted within forty-five (45) calendar days of the end of the billing period for which services were
rendered. Expenditures shall be in accordance with the Statement of Work attached hereto as Exhibit B and
incorporated herein and the associated Budget attached hereto as Exhibit C and incorporated herein.
The Contractor shall provide the following documentation with the completed invoice: progress reports.
This supporting documentation shall be submitted with the completed CDPHE Reimbursement Invoice
Form and sent to:
Nonpoint Source Project Coordinator
Water Quality Control Division, Nonpoint Source Program
Colorado Department of Public Health and Environment
W QCD-R&P-B2
4300 Cherry Creek Drive South
Denver, Colorado 80246
Email: cdphe_wgcd_nonpointsource+managers@state.co.us
To be considered for payment, billings for payments pursuant to this Contract must be received within a
reasonable time after the period for which payment is requested, but in any event no later than forty-five
(45) calendar days after the relevant performance period has passed. Final billings under this Contract must
be received by the State within a reasonable time after the expiration or termination of this Contract; but in
any event no later than forty-five (45) calendar days from the effective expiration or termination date of
this Contract.
Unless otherwise provided for in this Contract, "Local Match", if any, shall be included on all invoices, as
required by funding source.
Page 1 of 4
Contract Exhibit -A AdditionalProvisions 040715
Revised Exhibit A
The Contractor is required to submit progress reports with each request for reimbursement and semi-annual
progress reports. Semi-annual reports are due on March 15th for the period of July 1st through December
3151 of the previous year and on September 15th for the period of January 1st through June 30t1 of that year.
Reports are based on templates provided by the CDPHE.
4. Time Limit For Acceptance Of Deliverables.
Evaluation Period. The State shall have thirty (30) calendar days from the date a deliverable is
delivered to the State by the Contractor to evaluate that deliverable, except for those deliverables
that have a different time negotiated by the State and the Contractor.
b. Notice of Defect. If the State believes in good faith that a deliverable fails to meet the design
specifications for that particular deliverable, or is otherwise deficient, then the State shall notify
the Contractor of the failure or deficiencies, in writing, within thirty (30) calendar days of. 1) the
date the deliverable is delivered to the State by the Contractor if the State is aware of the failure or
deficiency at the time of delivery; or 2) the date the State becomes aware of the failure or
deficiency. The above time frame shall apply to all deliverables except for those deliverables that
have a different time negotiated by the State and the Contractor in writing pursuant to the State's
fiscal rules.
C. Time to Correct Defect. Upon receipt of timely written notice of an objection to a completed
deliverable, the Contractor shall have a reasonable period of time, not to exceed ten (10) calendar
days, to correct the noted deficiencies.
5. Notice of Mobilization/Demobilization for CO NPS Implementation Projects.
The Contractor shall provide notification by email to their assigned Nonpoint Source Project
Coordinator and the Nonpoint Source Coordinator 7 calendar days prior to the intent to mobilize
activities and/or equipment with intent to begin the physical construction activities of an
implementation project. The notification shall include:
• the name, address and telephone number of the Contractor;
• contract routing number;
• tasks that will be performed (from Statement of Work);
• estimated starting dates of the construction activities; and
• geographic location and description of the site where the construction activities are to be
performed.
b. The Contractor shall provide notification by email to their assigned Nonpoint Source Project
Coordinator and the Nonpoint Source Coordinator 7 calendar days prior to the intent to
demobilize activities and/or equipment with intent to end the physical construction of an
implementation project. The notification shall include:
• the name, address and telephone number of the contractor;
• contract routing number;
• tasks that were performed (Statement of Work);
• estimated ending dates of the construction activities; and
• geographic location and description of the site where the construction activities were
performed.
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
HI PAA.
This award does not include funds for Research and Development.
Page 2 of 4
Contract Exhibit -A AdditionalProvisions 040715
Revised Exhibit A
8. The Contractor shall not use funds under this Contract to purchase light refreshments and/or meals to be
served at meetings, conferences, training workshops and outreach activities (events) unless the purchase of
light refreshments has been pre -approved by the NPS program project coordinator during scope of work
negotiations.
9. Matching Contributions: The Contractor agrees to provide a matching contribution of at least $90,083.
Matching contributions may be provided as cash or in-kind services, and may include contributions from
other project partners. Contributions from other federal sources are not considered eligible match.
10. Responsible Project Director: The Contractor's performance of the services required hereunder shall be
under the direct supervision of Kristen Bertuglia, who is hereby designated as the Contractor's Project
Director for this Contract. If, at any time during the term of this Contract, the Contractor's named Project
Director, Kristen Bertuglia is not assigned to this Contract, then the Contractor shall immediately notify the
State in writing and all work under this Contract shall be suspended until a new Project Director, acceptable
to the State, has been assigned by the Contractor to this Contract.
11. Final Payment: The State shall hold five percent (5%) of the total obligation of the State as the final
payment. Final payment will be made upon approval of the final report by the State.
12. Minority Business Enterprises and Women's Business Enterprises: If, at any time during the term of this
Contract, or any renewal or extension thereof, the Contractor awards any subcontract(s) under this Contract
to a Minority Business Enterprise ("MBE") or a Women's Business Enterprise ("WBE"), then the
Contractor shall complete and submit an EPA Form 5700-52A "MBE/WBE Utilization under Federal
Grants, Cooperative Agreements, and Interagency Agreements" to the State within thirty (30) calendar days
of the date each award is made.
The Contractor shall adopt the "fair share" goal associated with the grant identified in 2., which is a
minimum six and one-tenth percent (6.1%) fair share goal for the utilization of Minority Business
Enterprises (MBEs) and a minimum six and six -tenths percent (6.6%) fair share goal for the utilization of
Women's Business Enterprises (WBEs) by contractors and subcontractors for supplies, construction,
services or equipment. The Contractor shall demonstrate that, prior to the award of any subcontract(s) for
project work under this Contract, affirmative steps have been taken, as identified in 40 CFR 30.44(b). If, at
any time during the term of this Contract, or any renewal or extension thereof, the Contractor awards any
subcontract(s) under this Contract to a Disadvantaged Business Enterprises (DBEs), then the Contractor
shall complete and submit an EPA Form 5700-52A "MBE/WBE Utilization under Federal Grants,
Cooperative Agreements, and Interagency Agreements" to the State within thirty (30) calendar days of the
date each award is made.
13. Matching Requirements: Match requirements shall be documented in accordance with 2 CFR 225 Cost
Principles for State, Local and Indian Tribal Governments, as currently promulgated.
14. Public Information: When issuing statements, press releases, requests for proposals, bid solicitations, or
any other documents describing the activities funded under this Contract, the Contractor shall clearly state
on those documents the percentage of the total cost of the project which is financed with federal funds.
Also, the Contractor shall include the Colorado Department of Public Health and Environment Nonpoint
Source Program and Environmental Protection Agency in the credits on all public information and
educational products that are developed under this contract.
15. Permits and Surveys: Contractor shall ensure that all necessary permits (such as Clean Water Act Section
404) are received or surveys completed (such an Endangered Species Act or Historic Preservation Act)
prior to implementation of any funded activity which may fall under these or other applicable laws. Copies
of any biological survey results, where a survey is necessary under Endangered Species Act shall be
forwarded to the State. Contractor shall provide copies of all permits upon request of the State.
16. Hotel and Motel Fire Safety Act: The Contractor shall ensure that any conference, meeting, convention, or
training space funded in whole or in part with Federal funds comply with the Hotel and Motel Fire Safety
Act of 1990.
17. Waste Prevention and Recycled Materials: The Contractor shall use recycled paper and double -sided
copies for all reports which are prepared as part of this contract. This requirement does not apply to reports
Page 3 of 4
Contract Exhibit -A AdditionalProvisions 040715
Revised Exhibit A
prepared on forms supplied to the Environmental Protection Agency of to "Standard Forms" which are
available through the General Services Administration.
18. Operation and Maintenance: The Contractor shall assure the continued proper operation and maintenance
of all nonpoint source management practices that have been implemented for projects funded under this
agreement. Such practices shall be operated and maintained for the expected lifespan of the specific
practice and in accordance with commonly accepted standards.
19. Requirement for Data Universal Numbering System (DUNS) numbers. If you are authorized to make sub -
awards under this award, you:
a. Must notify potential sub -recipients that no entity (see definition in paragraph C of this award
term) may receive a sub -award from you unless the entity has provided its DUNS number to you.
b. May not make a sub -award to an entity unless the entity has provided its DUNS number to you.
20. TITLE VI — LEP, Public Participation and Affirmative Compliance Obligation
As a recipient of EPA financial assistance, you are required by Title VI of the Civil Rights Act to provide
meaningful access to LEP individuals. In implementing that requirement, the recipient agrees to use as a
guide the Office of Civil Rights (OCR) document entitled "Guidance to Environmental Protection Agency
Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination
Affecting Limited English Proficient Persons. " The guidance can be found at
httn:11frweboate. access. Qno.2,ov/c0-bin12etdoc.czi?dbname=2004 regis1er&docid=fr25in04-79.pdf
If the recipient is administering permitting programs under this agreement, the recipient agrees to use as a
guide OCR's Title VI Public Involvement Guidance for EPA Assistance Recipients Administering
Environmental Permitting Programs. The Guidance can be found at
http://edocket.access.p,po.gov/2006/pdf/06-2691.pdf.
21. If the Contractor expends federal funds from all sources (direct or from pass-through entities) in an amount
of $800,000 or more during its fiscal year, then the Contractor shall have an audit of that fiscal year in
accordance with Office of Management and Budget (OMB) Circular 2 C.F.R. 200 Sub -Part F — Audit
Requirements. If the Contractor expends federal funds received from CDPHE in an amount of $800,000 or
more during its fiscal year, then the Contractor shall furnish one (1) copy of the audit report(s) to CDPHE's
Internal Audit Office within thirty (30) calendar days after the Contractor's receipt of the auditor's report(s)
or nine (9) months after the end of UWP's audit period, whichever is earlier. If (an) instance(s) of
noncompliance with federal laws and regulations occurs, then the Contractor shall take all appropriate
corrective action(s) within six (6) months of the issuance of the audit report(s).
If the Contractor is required to submit an annual indirect cost proposal to CDPHE for review and approval,
then the Contractor's auditor shall audit the proposal in accordance with the requirements of OMB Circular
2 C.F.R. 200 Sub -Part E - Cost Principles.
22. The State, at its discretion, shall have the option to extend the term under this Contract beyond the Initial
Term for a period or for successive periods, of 1 year at the same rates and under the same terms specified
in the Contract. In order to exercise this option, the State shall provide written notice to Contractor in as
form substantially equivalent to Exhibit D. If exercised, the provisions of the Option Letter shall become
part of and be incorporated in the original contract. The total duration of this contract shall not exceed 5
years.
23. The State, at its discretion, shall have the option to increase or decrease the statewide quantity of Goods
and/or Services based upon the rates established in this Contract, and modify the maximum amount payable
accordingly. In order to exercise this option, the State shall provide written notice to Contractor in as form
substantially equivalent to Exhibit D. Delivery of Goods and/or performance of Services shall continue at the same
rates and terms as described in this Contract.
Page 4 of 4
Contract Exhibit -A AdditionalProvisions 040715
Exh bit D
OPTION LETTER
Date: State Fiscal Year:
Option Letter No.
Ori final Contract CMS#
John W. Hickenlooper, GOVERNOR
Option Letter CMS Routing #
CORE Encumbrance #
DELETE all BLUE text, CUSTOMIZE Red text and CHANGE Red text to Black after customization.
1) OPTIONS: Choose all applicable options listed below
a. Option to extend for a renewal or additional term
b. Option to change amount of goods
c. Option to change amount of services
d. Option to change contract rates
e. Option to initiate next phase of contract
2) REQUIRED PROVISIONS. All Option Letters shall contain the appropriate provisions set forth below:
a. For use with Options a: In accordance with Section(s) enter section the Original Contract referenced above betweei
State of Colorado, Colorado Department of Public Health and Environment, and enter Contractor's name the State here
exercises its option for an additional term beginning insert start date and ending on insert end date at the rates stated in
Original Contract, as amended.
b. For use with Option b and c. In accordance with Section(s) enter section of the Original Contract routing number
referenced above, between the State of Colorado, Colorado Department of Public Health and Environment, and enter
Contractor's name the State hereby exercises its option to Increase/Decrease the quantity of Goods/Services or both at
rates stated in the Original Contract, as amended.
c. For use with Option d. In accordance with Section(s) enter section of the Original Contract routing number referenc
above, the State hereby exercise its option to modify the Contract rates specified in Exhibit/Section Number. The Conti
rates attached to this Option letter in Exhibit/Attachment Name replace the rates in the original Contract as of the Optic
Effective Date of this Option Letter.
d. For use with Option e: In accordance with Section(s) enter section of the Original Contract routing number referenc
above, the State hereby exercise its option to initiate Phase indicate which Phase: 2, 3, 4 etc. which shall begin on inner
date and ending on insert end date at the cost/price specified in Section enter section the Original Contract referenced a
e. For use with Options a, b, c that modify the contract value: The amount of the current Fiscal Year contract value
increased/decreased by $ enter amount of change to a new contract value of insert new $ amount as consideration for
services/goods ordered under the contract for the current fiscal year Indicate Fiscal Year. The first sentence in Section 1
section of the original contract is hereby modified accordingly. The amended total contract financial obligation includii
previous amendments, option letters, etc. is insert new $ amount.
3) Effective Date: The effective date of this Option Letter is upon approval of the State Controller if exact date is required
complete the following: enter date, and include the following: whichever is later.
the
start
is
all
STATE OF COLORADO
John W. Hickenlooper, GOVERNOR
PROGRAM APPROVAL:
Department of Public Health and Environment
By:
By: Lisa McGovern, Purchasing & Contracts Section Director
Date:
ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State Contracts. This Contract is not valid until signed and dated below
I
by the State Controller or delegate. Contractor is not authorized to begin performance until such time. If Contractor begins
performing prior thereto, the State of Colorado is not obligated to pay Contractor for such performance or for any goods and/or
services provided hereunder.
I
J
Page � of 2
By:
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
Date:
Ext
Page
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