11:21 AM12/23/2020

Special Board Meeting Agenda Minutes will be recorded for these formal meetings

Tuesday, December 29, 2020

8:30 am Pledge of Allegiance/Moment of Silence Call to order by the Chairman

Approval of the agenda

Consent Agenda -

Review & Sign the following documents:

a) 2020-138: Transfer of Payment of Warrants b) Preventative Health & Healthcare Services Block Grant c) DHS Conflict Attorney contract d) 2021 Salvage Metal contract w/X Field Services

Staff Reports: 1) Office of Development Services – Roy Tipton - Request to waive the bid process for Emergency Purchase of new Boiler for Road & Bridge Department

shop - Final Settlement letter to Four Rivers Construction for Picnic Pavilion at Loudy-Simpson Park

MOFFAT COUNTY BOARD OF COUNTY COMMISSIONERS 221 W Victory Way, Suite 130 Craig, Colorado 81625

(970) 824-5517 (970) 824-9191 fax

Don Cook Ray Beck Donald Broom District 1 District 2 District 3

The next scheduled BOCC meeting will be Tuesday, January 5, 2021 - 8:30 am

**AgendaisSubjecttoChangeuntil24hoursbeforescheduledHearings**TheBoardmayalterthetimesofthemeetingsthroughouttheday,orcancelorreschedulenoticedmeetings

Adjournment

11:21 AM12/23/2020

For remote participation in this meeting, please follow these instructions:

1. Call 1-303-459-6026 2. Enter the conference code of 1416728. The caller will automatically join the call. If the conference call has not been started yet by the person hosting the call, press 1 to join the waiting room.

.- II.

I. I,)ntitl Name: Nloltat Countl,Public Health

Project Description: This project serves to support local, cross-jurisdictional, and regional Local public Health

Agency (LPHA) partnership activities during the current Preventive Health and Health Services Block Grant

cycle ending on September 30, 2021 . These foundational activities increase efficiencies, economies of scale and

collaboration between LPHAs and partners within their j urisdictions by aligning strategic, cross-jurisdictional

local public health agency partnerships with the updated Colorado Core Public Health Services and Capabilities

model. The updated Colorado Core Public Health Services and Capabilities model is a framework used to

modernize govemment public health to meet a growing population and address complex public health needs. The

Covid-19 pandemic has uncovered pannership needs and has created an intense need to do all work more

efficiently and effectively. This health project will implement a work plan to coordinate LPHA cross-

jurisdictional sharing activities and pannership activities for the project: "Vulnerable Populations Task Force,"

on behalf of the Moffat, Rio Blanco, Routt, and Grand county Local public Health Agencies. The

implementation, monitoring and evaluation of strategic and cross-jurisdictional pannerships and outcomes willbenefit the citizens of Colorado.

III. Definitions:

l. LPHA: local public health agency

2. CDPHE: Colorado Department ofPublic Health and Environment

3. CHAPS: Colorado Health Assessment and Planning System

4. OPHP: Office of Public Health Practice, Planning, Local Pannerships

Work Plan:I\'.

ciency and effectiveness of Colorado's public health system by increasing local public healthagency capacity to implement, monitor and evaluate strategic, cross-jurisdictional local public health agency

ershi s

Goal #l: Increase effi

ectile #l: No later than the expiration date of this contract. coordinate Vulnerable Populations Task Forceon behalf of four (4) agencies including N{offat, Rio Blanco, Routt, and Grand County Locat Public Healthobj

Primary Activity #l The Contractor shall prepare a partnership lvork plan

Sub-Actiyities #l

l. The Contractor shall prepare a partnership work plan with allpannership members.

2. The Contractor shall use the CDPHE CHAPS website for assessmentand planning guidance.

3. The Contractor shall attend at least one ([) phone call with OPHP.

The Contractor shall implement the work plan.

l. The Contractor shall coordinate the partnership members toSub-Activities #2

STATENIENT OF WORK

Primary Activity #2

1

Agencies to build partnership gapacity through the completion of regional projects.

implement the work plan.

2. The Contractor shall monitor the work plan once implemented

Primary Activity #3The Contractor shall prepare repons

Sub-Activities #3

l. The Contractor shall prepare a mid-year progress report.2. The Contractor shall prepare a final repofl.

Standards andRequirements

The content of electronic documents located on CDPHE and non-CDpHEwebsites and information contained on CDPHE and non-CDpHE websitesmay be updated periodically during the contract term. The contractor shallmonitor documents and wehsite content for updates and comply with allupdates.The partnership work plan shall be aligned with the Colorado Core pubticHealth Services model. This model is incorporated and made a part of thiscontract by reference and is available at the following website:ht googlc.cirnVti LVrl/ I pk-1id8GlKC[* j t-lovQrt qi\Il)\'(r

)

s://drir ..iirr'ltts -: h llin g

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3. The Colorado Core Public Health Services rule 6 CCR l0l4-7, Corc publicHearlth Services. etltctive lanuary 1,2010 is incorporated and made a part ofthis contract by reference and is available at the following website:!tip:/l!l y ro

'...r:r!q, r1L!!!'CC'Rlq D!\'kc tl)utailr.r.lo .,r liie kincN u nt-]0li)_00r01

4. The Contractor shall meet the minimum requirements set forth in the ColoradoPublic Health Act and the voluntary Public Health Accreditation Boardstandards. The Colorado Public Health Act is incorporated and made a part ofthis contract by reference and is available at the following website found atSection 25-l-505 CRS et seq. Title 25 - public Health and Environment _

Article I: Administration - Part 5 Public Health Act - Subparr 2 public HealthPlans: Act)lrt$1114!1t11c.I.t.j r iltrur./gq41i1irtr/.,p{ll'iJ= ltX)O5 l6&cr.id=e c.ti I lt)7__1l.tblL tr(,-hSiJ

r.l. iJ-.\.\lA.\Jf-A18.\]!A1yrqolenrr'\ =Brcirdcrunlb.tconlig=0-]-+-5 }91_tjJA Ai4.i_Elt f ej!YrllNz/tLTRkNzttYl k-rNiS0-t_)'rnl hgEl\1,\,,t1g1{Kr\FU r ZENhdGFsb

t-BO9&ae ! i on=pLrbl ictoc& pddo.llirl lplrh=l.i I [shlrrctis - le g ir llt io n',t llirru 1 i .iaurrntr'utltcnr',i -la5T\'l-- B \ tJ0-

00lp-llll iums,aa.tp1!11!fulll1rtl=,ll]ir]aail :ilDlcot.on te nl \ rii

% Iltkrcu Ilrintrl ll\1iltutL.

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liun':i -lacont..ntlrent,.i -luli00 i -T0H0-1'905-5-1Rl-ttilO0l.i{0c!r,'conr bg.t tLkkct prid btrlcht9a (r-l6tl-

cl6c5. The Contractor shall use the Colorado Health Assessment and planning

System (CHAPS) guidance as a technical assistance resource for assessmentand planning related activities. This document is incolporated and made a partof this contract by reference and is available at the following website:Irtip!/[rr rr .color.ado. gor /paci fi !.lr!!h!-]p!!/,-lhap

6. OPHP will provide technical assistance to the Contractor within five (5)business days oI receipl of a question.

7. OPHP will provide the work plan template no Iarer than thiny (30) days aftercontract execution.

8. The work plan shall include rhe following:a. Partnershipcoordinationactivities.b. Funding distribution to partnershi p members

2

c. Regional project goals.

d. Regional project objectives.

e. Regional project activities.f. FPHS Partnership Capability related performance measures.

g. Partnership capacity building performance measures.

h. Equity specific performance measures.

i. Work plan evaluation measures.

9. OPHP will schedule the phone call rvith the Contractor no later than fourteen( l4) days before the phone call.

10. OPHP will provide the mid-year progress report template no later than three(-1) monlhs after contract execution.

I l. The reports shall include input from all partnership member agencies.

12. OPHP will provide the final report template no later than thiny (30) days

before the end of the contract.

13. The Contractor shall update the work plan if proposed outcomes and

performance measures are not being met.

14. If the Contractor updates the work plan then the Contractor shatl submit therevised work plan no later than seven (7) days after the work plan has been

updated.

l. Increased capacity in the coordination and implententation of a local publichealth agency, cross-jurisdictional partnership.

2. Increase alignment between local public health agency cross-jurisdictionalpartnerships and projects u'ith the new Colorado Public Health Services andCapabilities model.

3. More efficient and eft'ective delivery of core public health services acrossrnultiple jurisdictions that may not occur $'ithout the u'ork of the Moffat, RioBlanco, Routt, and Grand County Local Public Health Agenciespartnership.

Nleasurenrent ofExpected Results

l. Nurnber of completed work plan activities.2. Number of performance rleasures met in work plan.3. Number of work plan activities that align with the Colorado Core Public

Health Capabil ity Partnership operational defi nitions.4. Final report's answer around the perception of capacity change due to

implementation of pannership work plan.

Conrpletion Date

l. The Contractor shall submit the partnership work plan viaemail to the Director of the Office of Public Health Practice.Planning. and Local Pannership\.

No later thanl amary 22 , 2O2l

2. The Contractor shall attend one ( I ) phone call scheduled u,ithOPHP staff.

No later thanFebruary 12, 2021

3. The Contractor shall submit the mid-year progress updateusing a template provided by OPHP via email to the Director ofthe Office of Public Health Practice, Planning, and LocalPartnerships.

No later than four(,1) months aftercontractexecution.

4. The Contractor shall submit via email to the Director of the

Office of Public Health Practice, Planning, and LocalPartnerships:o Meeting minutes and agendas for the Vulnerable

Ongoing and nolater than thirtydays before theend date of the

Expected Results ofActivity(s)

Dclilerables

3

Populations Task ForceFinal product for, or links, to the joint messagingcampaigns

contract

5. The Contractor shall submit the final report using a templateprovided by OPHP via email ro the Director of the Office ofPublic Health Practice, Planning, and Local Partnerships.

No later thanthiny days beforethe end date of thecontract.

\'. Additional Pror isions:The following terms and conditions are in addition to the standard purchase order terms and conditionsand are to be read and interpreted in conjunction rvith the provisions of the purchase order. Wherever usedin the following provisions, "Contractor" and "Vendor" shall have the same nreaning. Contractor and/or Vendor -any party to which a Purchase Order is issued.

A. ADDITIOTT-AL PROVISION S -- I nr oicing

Yt.

\ II.

To receive compensation under the Purchase Order, the Contractor shall submit a signed monthly CDPHEReimbursement Invoice Form. This form is accessible from the CDpHE intemet w;hsirel]!!.p:/At N.c!.llra&.g!V!.!c{@rrrdizcd-in r oie c- lblrn-ancl- l irr Ls and is incorporated and made part ofthis SOW by reference. CDPHE will provide technical assistance in accessing and completing the form. TheCDPHE Reimbursement Invoice Form and Expenditure Details page 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 inaccordance with the Statement of Work and Budget.

l. Scan the completed and signed CDPHE Reimbursement Invoice Form into an electronic document. Emailthe scanned invoice and Expenditure Detaits page and to:

Michele Shimomura, MS, MPHDirector of the Office of Public Health Practice, planning, and Local pannershipsmichele.shimomura@ state.co.us

Final billings under lhe Purchase order must be received by the State within a reasonable time after the expirationor termination of the Purchase Order; but in any event no later than forty-five (45) calendar days from theeffective expiration or termination date of the purchase Order.

Unless otherwise provided for in the Purchase Order, "Local Match", if any, shall be included on all invoices asrequired by funding source.

The Contractor shall not use federal funds to satisfy federal cost sharing and matching requirements unlessapproved in writing by the appropriate federal agency.

Monitoring:CDPHE's monitoring of the purchase order for compliance with performance requirements will be conductedthroughout the purchase order period by the Director of the Office of Public Health Practice, planning. and LocalPannerships. Methods used will include a review of documentation determined by CDpHE to be reflective ofperformance to include progress reports and other fiscal and programmatic documeniation as applicable

Resolution of Non-Compliance:The Contractor will be notified in writing within ten (10) calendar days of discovery of a compliance issue.Within (30) calendar days of discovery, the Contractor and the State will collaborite, when appropriate, todetermine the action(s) necessary to rectify the compliance issue and determine when the acti;;(s) must becompleted. The action(s) and timeline for completion will be documented in writing and agreed to by both panies.If extenuating circumstances arise that require an extension to the timeline, the Contractor-must em;il a ..qr"rt to.1the Director of the Office of Public Health Practice, Planning. and Local Partnerships and receive app.ouil for , '

new due date. The State will oversee the completion/implementation of the actionlg to ensure timelines are met

4

vIII.

and the issue(s) is resolved. If the Contractor demonstrates inaction or disregard for the agreed upon complianceresolution plan, the State may exercise its rights under the Terms and Conditions of this Purchase Order.

Attestation:The Vendor agrees to perform services in accordance with the terms and conditions of the Purchase Order toinclude Statement of Work and Budget-

Contractor Name (Print) and Title

Contractor Signature

Date

5

NIOFFA.T COUh.TY DEPARTN,IENT OF HUMAN SERVICESLE(;AL ItEPllliSE\T,\TION i\CREEI\IENI'

TlllS ACREEMENT, nrade and enrered into by and behveen the Moffat County Deparlment ofI-.lrrnran Scrvices, hereinafter called the "f)epartmcnt", and Casey Quillen, Attorney al Law,27373Brapdol Circle, Steamboat Springs, Colorado 80487, hereinafter called "Attomey." This Agreement

shall bc eltectivc beginning January l,202 I, no rratter the date this Agreement is signed by all the

parties.

WITNESSETH: That for and in consideration of the prenriscs, the parties agree as tbllou's:

Attomey agrees to provide legal services as requestcd by the Department during the term of this

Agreement any tinte a conflict arises lor the County Attorney or as determined appropriate by

rhc Departnenl. Legal serviccs shall includc, but are not limited to thc follorving: (a) legal

rcs*archl (b) clraliing pleadings; (c) clraliing conrracts; (d) representing thc Department in (lourt

irppcarancL's and litigation; (e) advising the Departnrent upon legal issues, and iliterpretation ofrcr:ulations, statutes, and casc lari ; and (t) prcr'iding serr ice-s incidental to those listed above, and

othcrrvisc normal and nccessary lbr thc efllcient operation o1'tlle Department.

-) Attorncy is an indcpcndent contractor and shall not be deemed to be an employee of the

l)r'parttncnt lirr iiny purposc. Attorney shall provitlc all rnaterials necqssary to perlorrn all

scrriccs to bc providc-d as dcscribcd hc-rcin.'l-hc Attorncf is expcctcd to perlbrm the duties at

Alorlcy's own expcnse, recciving no aclclitional rcinlburscments lbr e.rpenscs rvithoLrt prior

lpproval liont tlre Dcpanmcnt (i.c'., computer supplies, ureeting expenses ol its enlployees,

pironellirx/intcrner Iees, etc.). In addition, thc Attorney is responsible lbr all employment

c\penscs of its employees, inclLrding tax withholding, worker's compensation, unemployrnent,

rctlrement, health insurance, and other related costs. The Attomey agrees to bear full risk ofanyloss or damage to persons o[ property, including the loss or damage of the Attorney's property,

l,hich tnay occur during thc. perlirrnrancc of dutics nccdcd to complcte this contract. The

Attorncy also agrees to indcnrnify and hold the Dcpartment harmless lrom any and all clainls,

c\penscs and li;bilities in conncction rvith thc Perlolmancc olits duties under tlic ternts of thc

Agreemcnt.

'l'hc antount to bc expcnded pursuant to this Agreemcnt shall be up to a maximum of 55,000.00

rihich can bc increascd subjcct to authorizations b1' the DepartnrL'nl and thc Moftat County

Soard ol' C6utrty Conrrn issioucls. 'l h,-' Mollat Countl' Iloalcl ol' Cotrnty Conlntissionels has

la\tirlly appropriated an anloul'lt that is equal to or in cxccss ot'the conlpensation set forth

Ircrein.

The Dcpafiment agrees to pay Attomey the sum ol ONE HUNDRED (S100'00) per hour for

cach hour of legal services including collrt ilppearances lbr hearings involving the Department.'l he Departmeni shall pay Attorney FlFl'Y (S50.00) dollars per hour ol'orientation and training

by County Attomey ind D.po.tn.,.nt managers. The Dcpartmcnt shall pay Attorncy FIFTY-

ttbuR ccnts ($.54) per nrile lbr all nrileagc travelcd by Attorney on behall of the Department. ln

addition, the Department shall pay thc sum o1'TWENI'Y-FIVE (S25.00) per hour fot each hour

3

-t

of travcl time or any portion of hour thereof traveled by the Attorney on behalf ol thef)epartment between the Attorney's Steamboat Springs, Colorado office or home to Craig,Colorado or as otherwise directed and authorized by the Department. For any trip that involvesthe Attorney providing legal services to multiplc clients and/or multiple court dates, the Attorneyrlill chargc fbr travel tinre proportiorrate to the numbcr ofclients served in Moffat County.

'fhe Attolney shall submit an itemizcd uronthly billing to the Department for all lees and costsincurred pursuant to this agreenient in accordance u,ith thc rules and regulations ol the Coloradol)eparlnrcnt of'Human Services. The Attorney shall submit all itemized rnonthly billings to the[)!'partnlent priol to thc sixth (6) day ol the month fbllowing the month the cost was incurred.Billings must be signecl by the Attorney.

5. lnsuranc,--. Attorney docs not elcct hcrsclt'as hcr osn crnployec. At all tinres during thc term ol'tliis Agreement, Attorney shall maintain the lbllorving ir.rsurance in the minimurn coveragc limitsspccitied:

In the event Attorney hires an employee or cmployees or Attomey elects to consider herself ashr-r orvn employee, Attorney shall maintain the follorving insurance in thc minimum coveragelinr its spcc ificd:

Worksrs' Conrpensatiorr & [inrployers' Liability arrcl lJnenrployn]cnt lnsurance: in accordancel'ith \rs8-40-l0l and 8-70-101, ctser7., C.R.S., as anrcnded;

At all tirncs during thc terms of this Agreement, Attorney shall maintain the follorving insurancein the mininrunr covcragL'linrits specilied: Prof'cssiorral Liability Insurancc: $250,000 per claim,rund S500,000 aggregate.

ll'any aggregatc limits set lbrth abor,e arc rcduccd bclori, the statcd amount bccause ol'clainrsnrade or paid during the required policy period, nttomey shall inrmediately obtain additionalinsuLance to restore the full aggregatc limit and fi.rrnish a certificatc or other docunlent showingconipliance rvith this provision.

l

All insurance shall be issued by conrpanics authorized to do business in the State of Coloradoantl shall be ririttcn in a lornr satislactory to Moflht County and tllcd lvith and approved by thcC'olorado Departnrent of Instrrance. Attorncy shall demonstrate contractual liability coveragesupporting the indenrnity provisions ol'this Agrccnrent, cither through policy language or byriaiver of'exclr-rsion. Prool ol Workers' Compensation, Enrployer's Liability and Unemploymentlr]surarrce shall be provided by Attonrcy to the Departurent as soon as Attorney has an employeeot clects to consider hcrselfas her on,n enrployee. Prool- o[ Prof'essional Liability lnsurance is

lccluired. Certilicates ol'insurancc shall be delivert'd to Moll'at County at the time originals ofthis Agreenrcnt, e\ecutcd b1, the Attorney. arc d.-lircrccl to Moll'at County's Rcprescntatire,idcntitlcd belou. l'he Ccrtilicatcs shall proridc that thc insurance rnay not be materiallychanged, altercd or canccled by the insurer ri'ithout llrst giving tcn (10) days rvritten notice byceltitled or registered U. S. Mail, return reccipl requested, to Mollat County.

6. Tlre ternr 01'this Agreement shall bc lionr January 1,2021 through Decembet' 31,2021, no

tuialtcr the datc the Agreement is signed.

7, The Departrnent agrees to provide Attorney with access to all the records and documents as

necessary to satistactorily perform the serviccs required by this Agreement.

lnlbrnration provided by the f)epartrnent for purposes of this Agreement shall be used only forthe purpose intended and in accordancc u'ith federal and state larvs and regulations.

'lhe Attorncy shall providc tbr the sccurity ol'inlbrrnation collccted pursuant to this agreement

and as provide d in the rules and regulations ol'the Colorado Departmcnt of Human Se'rr ices.

8. The Departrnent shall have the right to access all records and documents prepared by Attorney

on br'hall'of the Department.

9. No subcontract shall be made by the Attorncy rvith any othcr party for f-urnrshing any services

coulracted lbr rvithout the prior written conscnt and approval of tlre Departrncnt. For services

provided under any subcontract, the Attorney shall be rcsponsible for contract perlbrrllance and

ionrpliance rvith the terms and conditions ol this agreement. The Attorney shall select

subcontractors on a competitive basis to the maximum practical extent consistent with the

objectives and requirements of this agreement'

10. Nolc of thc lirnds, nlaterials, property, personnel or scrvices contributcd by the United States,

tlir. State ol'L'olorado, the Colorado Dcpartnront ol'llumau Scrviccs ol thc Dcpartnlcnt under this

Agrcerucnt shall be used fbr any paftisan political activity, or to litrther the clection or delcat ol'

a1y candidatc fbr public otfice in a manner rvhich uould corrstittltc a violation ol llvc (5) U.S.C.

Scctions l50l et. seq.

I l. Attorncy is legally prcsent in thc Unitcd Statcs. See attachcd Affidavit'

12, II.t-l:GAl- Al-lEN: ll'n ttomey has any cntployces or subcontracl.ors. Attorncy shall comply ri'ith

$8- I 7.5- l0l C.R.S., el ser7., rcgarding lllcgal AIicns - Public contracts lbr Scn'iccs, and this

ion,rn.t. By execution of this Contract, Attorney certilles that she does not knorvingly cnrploy

or contracr ivith an illegal alien rvho will perlbrm rvork under this Contract and that Attomey rvill

participate in either the E-Verify Program or Dcpartment Program in order to confirm the

.tlglUiiity of all crnployees rvho are newly hired tbr ernployment to perform work under this

Contmct.

Attol'ncy shall not:iL

Knorvingly ernploy or contract with an illegal alien to perform rvork under this Contract;

of

Entcl into a conl.ract $,ith a subconrl'actor that lails to certify to Attorney that the

subcontractor shall not kno$ingl1- cnlploy or colltracl. with an illcgal alicn to perforrn

ri,ork under this Contract.

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lt.

b. Attomey has confirmed the employment cligibility ol'all employees who are newly hired lbrcmployment to perlorm Work undor this Contract through participation in either the E-VerifoPrograrn ot Department Program.

Attomey shall not use either the E-Verify Program or Department Progranr to undertake pre-errployment screening ol'job applicants rvhile this Contract is in eft'ect.

d. Il Attorney obtains actual knorvledgc that a subcontractor perfbnring rvork under thisContract knorvingly employs or contracts with an illegal alien, Attorney shall:

ll

Notily thc subcontractor and the County rvithin three days that Attorney has actual

knos ledge that the subcontractor is ernployir.tg or contracting l'ith an illegal alien; and

Terminatc the subcontract *ith the subcontractor ils'ithin three days o1'rccciving thcnolice required pursuant to thc prcccding sub-subparagraph o1'this subparagraph, thcsubcontractor docs not stop enrploying or contracting with the illegal alien; except thatAttorney shall not tenrlinate thc contract rvith the subcontractor if during such threc days

the subcontractor providcs inlbrmation to establish that the subcontractor has not

knos ingly employcd or contracted rr'ith an illcgal alien.

Attorncy shall comply \\'ith any reasonable requcst by the Depa(nlcnt ol' Labor and

Enrploynrent rlade in thc course of an investigation that the Departnrent is undertakingpursuant to thc authority established in $8- 17.5- 102(5), C.R.S.

Il' Attorncy violatcs this provision ol' tlris Agreenrcnt, the County tnay terminate the

Aqrecn'tcllt l'or. a b;cach ol- contt'act. ll' thc Asreentcttt is so terntinatcd, Attorney shall be

Iiatrlc lirl actual and cortsc(ltlctltia l tlantagcs to (ltc County as rcquircd by Iau.

g. 1'hc County will norily thc Olllce of thc Sccrctary ol'Statc if Attorney violates this provision

of this Agreement and the County tenninates thc Agreen.rent tbr such breach.

13. In thc event that Attortrey flails to conrply rvith the ternrs of this contract and provide services

herein, thc colitract may be terntinated by thc Dcpartnrent upon ten ( I 0) days rvritten noticc.

14. This Agreernent may be tcrrninatcd by cither party upon thirty (30) days rvritten notice.

15. The Artorncy shall at all times during the execution ol'this Agreement strictly adhere to all

applicable lbderal and state laws and implernenting regulations as they currently exist and may

hercirlicr bc lnrencled. 'fhis includcs protection of tlrc confidentiality of all recipient/applicant

rccor.cls, papcrs, documcnts, tapc-s and any other rrraterials that have been or may hereafter be

csrablishccl ri,hich relatc l.o this agrccnre-nt. -l hc n ttor'lroy acknorvlcdgcs that thc lau's includc

'fitlc lV ( Iirlc' 45 Code of Fedcral Regulations), and l-itlc VII of the Civil Rights Act ol 1964,

Sccrion 504 of thc Rehabilitation nct ol 1973, thc Agc Discrimination Act of 1975, the Age

Discrimination in Erlployment Act ol 1967, the Equal Pay Act ot' 1963 and the Education

c

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r\nlcndmcnls o[ 1972. ar)d all rcgulations applicable to tlresc laws prohibiting discrinrinatiortbccausc oi'race. color, national origin, handicap. rge, sex and religiorr.

I)ATtlD tlris da1 of Decenrbcr. 2020

l\tot't.,\1 c()UN't'\ t)l.tPAR'l'tI I.tNt oF NIoFFAI'( OUli'l'\',IIOARD OF IlLir\1,,\)Ilt',ll,\\ sL){\'l('ES sulrvlcus und rhe llol.'1".,rl.'t cotiN'I}

lloARD oF ('otiN-r\' ('oi\I\llssloN1..Rs

,4\)l)ir r:e ti r r

..\'l'r oR\t.\

sl).rlc

1.4,UL)atc

Chairperson I)atc

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.\ tt o rne\

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CONTRACT AGREEMENT

This CONTRACT OF SERVICES AGREEMENT ("Agreernent'') made this

22 day of Decernber. 2020 by and between the Board of County Commissioners of Moffat

County, Colorado ("BOCC") and X Field Services , ("Contracto[''), whose address is

P.O. Box 1i I i Crai s. CO 81626.

WHEREAS, the Contractor has been selected to provide services; and

WHEREAS, the BOCC wishes to use the services of Contractor as an independent

contractor and Contractor wishes to provide services to the BOCC; and

WHEREAS, the BOCC has authority to acquire the services described in this Agreement

under the provisions of $30- I 1-101, e/ seq., C.R.S., as amended.

NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth

hereinafter, the BOCC and the Contractor agree as follows:

l. Scope of Work The Contractor shall pickup and dispose of Salvage Metal and

perform in a satisfactory and proper manner, as determined by the BOCC, the work identified in

the January l, 2021 Salvage Metal (Pickup and Disposal) Specifications, for the Moffat County

Road and Bridge Department and Moffat County Landfill, attached to and incorporated in this

Agreement by reference as "Exhibit A".

2. Time of Performance. Services of the Contractor shall commence on the 1st day

of Januarv, 2021, and shall be substantially completed on or belbre December 3 1 2021 no matter

the date of execution of this Agreement.

3. Compensation/Appropriation. Contractor shall pay the Moffat County Road

Department fbr Salvage Metal Twenty Eiqht Dollars and 00/100 ($28.00) per ton for loads

CONTRACT\EORI,I DOCS\Purchase of Services Agreement Fom(3-06)

CONIRACI\FORM Docs\Purchase of selvices Agr€ernent Eorm(3-05)

picked up at 822 E. l " Street and shall pay the Moffat County Landfill for Salvage Metal

Twenty Eisht Dollars and 00/100 ($28.00) per 1on tbr loads picked up at 1806 County Road 107.

Payments shall be sent to P.O. Box 667, Craig, CO 81626.

4. Method of Payment. Each load must be weighed and a scale ticket must be

included with payment detailing date olpickup and total tons picked up at each location.

Payment must be made by the 20th of each month for loads picked up the previous month.

5. Records, Reports, and Information. At such times and in such forms as the

BOCC may require, Contractor shall lurnish statements, records, reports. data and information

pertaining to matters covered by this Agreement. The Contractor shall maintain its records in

accordance with requirements prescribed by the BOCC. Except as otherwise authorized by the

BOCC, Contractor shall maintain such records fbr a period of seven (7) years after receipt of

final payment under this Agreement.

6. Audits and Inspections. At any time during normal business hours and as often

as the BOCC may deem necessary, Contractor shall make its records with respect to matters

covered by this Agreement available tbr examination. The Contractor shall permit the BOCC to

audit, examine, and make excerpts from such records and audit all contracts, invoices, materials,

payrolls, records of personnel, conditions ol employment, and other data relating to this

Agreement. The BOCC may call for a certified, independent audit to be performed by a

mutually agreed upon auditor.

7. Independent Contractor.

A. The Contractor shall perform its duties hereunder as an

independent contractor and not as an employee. Contractor affirms that it has or will

secure at its own expense all personnel and materials required to perform the services

detailed in Exhibit A. Such personnel shall not be employees ofnor have any contractual

relationship with the BOCC

B. Services required hereunder shall be perfirrrned by the Contractor or under

its supervision, and all personnel engaged in the work shall be lirlly qualified and

properly licensed or certified, as required by local. state and t-ederal law or regulation to

pcllbrm such sorviccs. Ncither Contractor nor its Dersonnel. il anv. is entitled to

Worker's Comoensation Benellts or anv other benetit of emDloyment with Mof'fat

Countv. Colorado. l"ufther. Contraclor is obli ated to t'cderal and state income tax onD2IV

anv comocnsation naid oursuant to this Asreement

C. None ofthe services to be performed by Contractor under this Agreement

shall be subcontracted or otherwise delegated without the prior written consent ol the

BOCC. The work subcontracted shall be specitied in a written agreement between

Contractor and its subcontractor(s), which agreement(s) shall be subject to each provision

of this Agreement.

8. No Assignment. The Contractor and subcontractor(s) hereto shall not assign or

transfer any rights in this Agreement without the prior written consent of the BOCC.

9. Illegal Aliens - Public Contracts. If Contractor has any employees or

subcontractors. Contractor shall comply with $8-17.5-101 C.R.S., el seq., regarding Illegal

Aliens - Public Contracts lbr Services, and this Contract. By execution of this Contract,

Contractor certifies that it does not knowingly employ or contract with an illegal alien who will

perform work under this Contract and that Contractor will participate in either the E-Verify

Program or Department Program in order lo confirm the eligibility of all employees who are

newly hired for employment to perfbrm work under this Contract.

CONTRACT \ FORI, DOCS\Purchase of(3-05)

Contractor shall not:

(i) Knowingly employ or contract with an illegal alien to perform work under

this Contract; or

(ii) Enter into a contract with a subcontractor that fails to certify to Contractor

that the subcontractor shall not knowingly employ or contract with an

illegal alien to perlbrm work under this Contract.

Contractor has confirmed the employment eligibility of all employees who are

newly hired for employment to perform Work under this Contract through

participation in either the E-Verify Program or Department Program.

Contractor shall not use either the E-Verily Program or Department Program to

undertake pre-employmenl screening ofjob applicants while this Contract is in

etlbct.

IfContractor obtains actual knowledge that a subcontractor performing work

under this Contract knowingly employs or contracts with an illegal alien,

Contractor shall:

(i) Notifo the subcontractor and the County within three days that

Contractor has actual knowledge that the subcontractor is

employing or contracting with an illegal alien; and

(ii) Terminate the subcontract with the subcontractor if within three

days ofreceiving the notice required pursuant to the preceding sub-

subparagraph of this subparagraph, the subcontractor does not stop

employing or contracting with the illegal alien; except that

Contractor shall not terminate the contract with the subcontractor ifduring such three days the subcontractor provides information to

establish that the subcontractor has not knowingly employed or

contracted with an illegal alien.

Contractor shall comply with any reasonable request by the Department ofLabor

and Employment made in the course of an investigation that the Department is

undertaking pursuant to the authority established in $8-17.5-102(5), C.R.S.

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E

CONTAACT\FORI.I DOCS\Purchase of services Aqreen((3-06)

IfContractor violates this provision of this Contract, the County may terminate

the Contract tbr a breach ofcontract. Ilthe Contract is so terminated, Contractor

shall be liable ibr actual and consequential damages to the County as required by

law.

The County will notify the Office of the Secretary of State if Contractor violates

this provision of this Contract and the County terminates the Contract for such

breach.

10. Compliance with Laws. The Contractor shall comply with all applicable federal,

state and local laws, ordinances, resolutions, codes and regulations in providing the services

detailed in Exhibit A.

I l. Indemnification. The Contractor agrees to indemnify and hold harmless the

BOCC, and its officers, employees and agents, acting officially or otherwise, from any and all

claims, demands, damages, and actions ofany kind brought by anyone, including attomey's fees,

which may arise out of or result liom the negligent or willful misconduct of Contractor or its

subcontractor(s) in the pertbrmance of services as set forth in this Agreement and/or the breach

ofany condition(s) of this Agreement.

Nothing herein shall be interpreted as a waiver of govemmental immunity to which the

BOCC may otherwise be entitled under the provisions of $24-10-101, er seq., C.R.S., as

amended.

12. Insurance. At all times during the term olthis Agreement, Contractor

shall maintain the following insurance in the minimum coverage limits specified:

Workers' Compcnsation & Itrnolovers' Liabili 1v and IJ nenrrrloymcnt Insurancc

F'

(;

in accordance with $d8-40-l0l and 8-70-101, el .rcq., C.R.S., as amended;

coNTPaCl\FORM DoCS\Purchase of Servlces Agreenent Eolm(3-06)

Cotnprehensive General Liability. including broad Iorn, property damage:$1.000.000.00 per person and $600,000.00 per occurrence or as specilied in theColorado Govemmental Immunity Act, \24- l0- 10 I , et se(1., C.R.S., as amendedwhichever amount is greater. and in addition $ I ,000,000 aggregate.

If any aggregate limits set forth above are reduced below the stated amountbecause of claims made or paid during the required policy period, the Contractorshall immediately obtain additional insurance to restore the full aggregate limitand furrrish a certificate or other document showing compliance with thisprovision.

All insurance shall be issued by company(ies) authorized to do business in the State of Colorado

and shall be written in a lbrrn satislactory to the BOCC and tiled with and approved by the

Colorado Department of lnsurance. Contractor shall demonstrate contractual liability

coverage supporting the indemnity provisions of this Agrecment, either through policy

language or by waiver ofexclusion. The BOCC shall be named as an additional insured on

Contractor's C-omprehensivc General Liability Policy. Proof of Workers' Compensation &

Employer's Liability antl Unemployment Insurance is requircd. Certificate(s) of insurance

and appropriate endorsements required by this Agreement shall be delivered to the BOCC

at the timc originals of this Agrccment, executed by the Contractor, are delivered to the

BOCC's Reprcsentative, identified below, for exccution by the BOCC. The Certificate(s)

shall provide that the insurance may not be materially changed, altered or canceled by the insurer

without first giving ten ( l0) days written notice by certilied or registered U. S. Mail, retum

receipt requested. to the BOCC.

13. l)ocument Ownership - Works Madc for Hire. Atl ol the deliverable iterns, if

any, prepared lbl the BOCC under ll.ris Agreement shall belong exclusively to the BOCC and

shall be deemed to be "works made fbr hire" under the copyright laws of the United States. To

the extent any olthe deliverable items may not. by operation of law or otherwise. be works made

CoNTRACT\FORM DOcs\Puxchase of Services Asleement Form

for hire, the Contractor hereby assigns to the BOCC the ownership of the copyright in the

deliverable items, and the BOCC shall have the right to obtain and hold in its own name,

copy, ights, registrations, and similar protections. The Contractor agrees to give the BOCC or its

designee all assistance reasonably required to perf'ect such rights. To the extent that any pre-

existing malerials are contained in the deliverable items, the Contractor grants to the BOCC an

irrevocable, non-exclusive, worldwide, royalty-tiee license to use, execute, publish, reproduce,

display, perform, distribute copies of, and prepare derivative works based upon such pre-existing

matedals and derivative works thereof and to authorize others to do any, some, or all of the

foregoing.

14. Termination for Cause. Il the Contractor or the BOCC fails to fulfill its

obligations under this Agreement in a timely and proper manner or violates any of the provisions

of this Agreement, the non-defaulting party shall thereupon have the right to terminate this

Agreement for cause by giving written notice to the defaulting party of such termination and

specifying the effective date of termination. The defaulting party, however, shall not be relieved

of liability to the non-detaulting party for damages sustained by virtue of any breach of this

Agreement. In the event of default by the Contractor, The BOCC may withhold access to the

containers until such time as the exact amount of payment due the BOCC from the Contractor is

determined.

15. Termination for Convenience. The BOCC may terminate this Agreement

without cause at any time by giving at least thirty (30) days written notice to the Contractor. If

this Agreement is terminated for the convenience of BOCC, the Contractor shall be paid for

services provided prior to the date of termination.

16. Conflict of Interest. During the term of this Agreement, the Contractor shall not

CONIRACT\ FOR!,I DOCS\ PUT( 3- 06l

perform similar services for persons, t'irms, or entities, including governmental entities, which

have the potential to create a conflict of interest, unless the potential conflict is disclosed to and

approved by the BOCC.

l7. Modifications. This Agreement may not be modified, amended or otherwise

altered unless mutually agreed upon in a writing executed by the BOCC and the Contractor.

18. Governing Law. The laws of the State of Colorado shall govem the validity,

performance and enforcement of this Agreement. Should either the BOCC or Contractor

institute legal action for enforcement of any obligation contained herein, it is agreed that venue

shall be in Moffat County, Colorado.

19. Severability. Should any provisions of this Agreement be determined by a court

of competent jurisdiction to be unconstitutional or otherwise null and void, the remaining

provisions ofthe Agreement shall remain in full force and effect.

20. Notices. Notices to be provided under this Agreement shall be given in writing

either by hand delivery or by certified retum receipt requested United States mail, to the

following:

Contractor

Dan MillerMoffat County Road DepartnlenlP. O. Box 667Craig, CO 81626

Jake llaskinsX Field ServicesP.O. Box l3ll

Craig. CO 8 1626

21. Headings, Titles and paragraph divisions are inserted in this Agreement for ease

of ref'erence and do not detinc. limit, or prescribe lhe scope or intent ol the provisions of this

Agreement or an1, part thcreol'.

22, Authority. Each person signing this Agreement represents and warrants that

COmRACT\FORI,! DOCS\Purchase of selvices Asreernent Eoln(3-06)

Road and Bridgq Representative:

he/she is fully authorized to enter into and execute this Agreement and to bind the party

represented to the provisions of this Agreement.

23, Counterparts and Facsimile Signatures. This Agreenrent may be executed in

counterparts, each of which shall be deemed an original. Facsimile signatures of, or on behalf of,

the BOCC or the Contractor on this Agreement and any modification hereto shall be effective for

all purposes.

24. Force Majeure. Neither party shall be liable for its failure to perform hereunder

due to contingencies beyond its reasonable control, including but not limited to strikes, riots,

war, and acts of God.

25, Integration of Understanding. This Agreement represents the entire Agreement

between the parties and supersedes all prior negotiations and representations, whether written or

oral. Nothing herein shall be deemed to give anyone not a party to this Agreemenl any right of

action against either the BOCC or the Contractor.

IN WITNESS WHEREOF, the BOCC and the Contractor have set their hands and

seals.

BOARD OF COUNTY COMMISSIONERS

MOFFAT COLINTY. COLORADO

By('ha ir

ATTEST:

Clerk to the Board

CONTRACT\EORM DOCS\Purchase of Servlces Aqreenent Eoln(3-06)

CON'I'ITACTOI{:

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STATE OF COLORADO )

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CONTRACT\EORU DOCS\Purchase ot Services Agreenert Eorm( 3-06)

I :lotlM€rch 2022

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PROPOSAL

=IVIASTERWORKSfriIVIECHANICALTTvcPhone 97G82+321 1 Oa.€:1?J2112020

Job NemelLoEalionRoad and B.idge Main Shop

822 E 1"r StCraiq. CO 81625

lncludes all materials and labor for completionTOTAL- $19,870.00

*The final bill will reflect any extra cost should electrician services be required for this project.

Pricing does not include permit fee or taxes which will be included in final billing.

We Propose hereby to furnish material and labor - complete in accordance with the above specification, for the sum ot $19,870.00Payment to b€ made as follows:

All jobs 50% upon acceptance, full payment upon completion.All material is guaranleed to be as specifled. All work to be completed in a professional manner according to standard prac{ices. Anyaltercation or deviation ftom the above specifications involving extra costs will be executed only upon written orders, and will becorne anextra charge oyer and above the estimate. All agreements contingent upon strikes. accadents or delays beyond our crntrol. Oflner tocarry fire, tomado and cdher necessary insurarrce. Our workers are fully covered by Workefs Comp€nsation insurance.

Acceptance of Proposal - The above prices, specifications and conditions are satisfaclory and are hereby accepted. You are authorizedto do work as specified. Payment will be made as outlined above.

aZaonZ 12n1t2020y4fl.frf6llrrr'atrtc*,tnc Date Customer Authorized Signature

'This proposal may be withdra$/n if nci accepted within 30 days*

461 Yampa Avenue Craig Colorado,81625 (970)82+4840 fax (970)82+7520

The following quote is for the installation of a high efficiency Condensing Lochinvar Boiler. Additionally,this boiler is able to modulate gas usage to the building load requirement, meaning it only fires theburner to meet the specific needs of the building for the conditions of the day. This boiler will vent outof the building in a PVC vent.

(!l tlrl

1-, Development Services

RE: Final Settlement to Four Rivers Construction, lnc. for the construction of the newPicnic Pavilion at Loudy Simpson Park. Pursuant to Revised Statutes 1973, Section 38-26-107 advertising for final payment was posted in The Craig Daily Press on December11, and December 18,2020. No notices of claims or outstanding payments have beenreceived. All Lien releases have been received.

Contract Amount:

Additional concrete installed per contract

Brackets for Light Truss

Total

Retainage

Final payment

Submitted December 22,2020 by

Roy TiptonDirectorDevelopment Services

$137,963.00

$ 17,000.00

$ 1.200.00

$ 156,163.00

4,449.32

4,449.32

$

$

221 West Victory Way, Suite 250Craig, CO 81625

Phone: (97O) 824-9760Fax: (970) 824-9193