HomeMy WebLinkAbout931244.tiff RESOLUTION
RE: APPROVE AMENDMENT #1 CONTRACT FOR HIV COUNSELING AND TESTING WITH COLORADO
DEPARTMENT OF HEALTH AND AUTHORIZE CHAIRMAN TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado,
pursuant to Colorado statute and the Weld County Home Rule Charter, is vested
with the authority of administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Amendment #1 Contract for HIV
counseling and testing between Colorado Department of Health and Weld County
Health Department, commencing December 1, 1993, with further terms and conditions
being as stated in said amendment, and
WHEREAS, after review, the Board deems it advisable to approve said
amendment, a copy of which is attached hereto and incorporated herein by
reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Amendment #1 Contract for HIV counseling and testing
between Colorado Department of Health and Weld County Health Department be, and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
authorized to sign said amendment.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 8th day of December, A.D. , 1993, nunc pro
tunc December 1, 1993.
I BOARD OF COUNTY COMMISSIONERS
ATTEST: Lt/ e/ fr9/L�2bkG�r WEL COUNTY, COLORADO
Weld County Clerk to the Board � , .
///�/// ////// • Constance'Ala
L. Harbeft, Chairman
BY: ( D k6PClerk
r� /k 'vim' W. ���11�l�J
Webster, Pyo-Tem
APP AS TO FORM: ra= ( , '7� ,
Geerk E. Baxte
County Atto ney Daley K. Hall
2/4—
/Barbara J. Kirkmeyef
931244
,
/4 Loci 6 �> � �,
STATE OF COLORADO
COLORADO DEPARTMENT OF HEALTH oc•co�
Dedicated to protecting and improving the health and Qw s
environment of the people of Colorado v, oI
4300 Cherry Creek Dr.5. Laboratory Building
Denver,Colorado 80222-1530 4210 E.11th Avenue
Phone:(303)692-2000 Denver,Colorado 80220-3716 ""!896
(303)691-4700 Roy Romer
Governor
Patricia A.Nolan,MD,MPH
Executive Director
November 23 , 1993
Dear Contractor: •
We are pleased to inform you that we have been able to reprogram
funds to supplement your current (1993) HIV counseling and testing
contract.
Enclosed are four copies of an amendment to your contract which
will retroactively augment the reimbursement rate for
high/increased risk pretest counseling and testing services .
Please sign all four copies and return all four by December 10 ,
1993 . It is critical that the signed amendments are returned by
this date in order to allow sufficient time for processing and
approval before the contract period and funding availability
expire.
Please return the signed amendments to:
Audrey Christensen
DCEED-ADM-A3
Colorado Department of Health
4300 Cherry Creek Drive South
Denver CO 80222-1530
A copy of the amendment will be returned to you upon final
approval. We appreciate your cooperation and expediency in this
matter. If you have any questions , please give me a call at (303)
692-2682.
Sincerely,
•
Audrey istensen
Administration
Disease Control and Environmental Epidemiology
bYr4 v n,I
®_hrd Paper
11aZr
Form 6-AC-02A(11 1/88)
DEPARTMENT OR AGENCY NUMBER
26000--FAA
CONTRACT ROUTING NUMBER
94-1450
Amendment#1
CONTRACT
THIS CONTRACT, made this 17th day of November, 1991 by and between the State of
Colorado for the use and benefit of the Department of Health, 4300 Cherry Creek Drive South,
Denver, Colorado 80222-1530 hereinafter referred to as the State, and Weld County Health
Department, 1517 16th Avenue Court. Greeley, CO 80631 hereinafter referred to as the
Contractor.
WHEREAS, authority exists in the law and Funds have been budgeted, appropriated
and otherwise made available and a sufficient unencumbered balance thereof remains available
for payment in Fund Number 100 , APPR code 365 , Contract Encumbrance Number FAA
SOD930840; and
WHEREAS, the State has formulated comprehensive plans relative to the statewide
control of Sexually Transmitted Disease (STD) and Human Immunodeficiency Virus (HIV)
Infection; and
WHEREAS, in order to implement said comprehensive plan, the State and the Disease
Control and Environmental Epidemiology Division (DCEED) of the Colorado Department of
Health (CDH) has been awarded funding from the U.S. Department of Health and Human
Services, Centers for Disease Control and Prevention (CDC); and
WHEREAS, the State has entered into an agreement with the Contractor to provide free
and confidential HIV counseling and testing services to high/increased risk individuals; and
WHEREAS, the Contractor has been providing said services at a rate which does not
provide complete reimbursement for costs incurred; and
WHEREAS, authorization has been obtained from CDC to reprogram funding to
retroactively augment the reimbursement rate for HIV counseling and testing services for
high/increased risk individuals and;
WHEREAS, it is the intention of the parties to amend and increase the original contract
SOD930840 by Two Thousand Two Hundred Twelve Dollars and Eighty Cents ($2,212.80) to
a new total of Five Thousand Two Hundred Thirty Dollars and Eighty Cents ($5.230.80) to
provide a service rate increase for HIV pretest counseling and testing services for high/increased
risk individuals.
Page 1 of 4 Pages
931244
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) Consideration for this amendment to the original agreement consists of the payments
which shall be made pursuant to this agreement and the promises and agreements herein set
forth.
2) It is expressly agreed by the parties that this contract is supplemental to the original
contract SOD930840, routing number 93-0840, dated January 1, 1993, which is by this reference
made a part hereof as Attachment A and all terms, conditions and provisions thereof, unless
specifically modified herein, are to apply to this contract as though they were expressly re-
written, incorporated and included herein.
3) It is agreed that the original contract SOD930840 between the State of Colorado and the
Weld County Health Department, shall be, and is hereby modified, altered, and changed in the
following respects only:
A. By eliminating and striking out from paragraph 5a. of the original contract
SOD930840 the words and figures "Fifteen Dollars ($15.00)" and substituting
instead the words and figures "Eighteen Dollars and Thirty Cents ($18.30)".
B. By eliminating and striking out from paragraph 16 of the original contract
SOD930840 the words and figures "Three Thousand Eighteen Dollars
($3,018.00)" and substituting instead the words and figures "Five Thousand Two
Hundred Thirty Dollars and Eighty Cents ($5,230.80)".
C. By eliminating and striking out from paragraph 17a. of the original contract
SOD930840 the words and figures "Fifteen Dollars ($15.00)" and substituting
instead the words and figures "Eighteen Dollars and Thirty Cents ($18.30)".
4) The effective date of this amendment is December 1, 1993.
5) In the event of any conflict, inconsistency, or incongruity between the provisions of this
amendment and any of the provisions of the original contract SOD930840 the provisions of this
amendment shall in all respects govern and control.
Page 2 of 4 Pages
931244
SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
I.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 of Colorado-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 payment of more than fifty 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 the State official who will sign the contract,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 upon the 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.provendor or other supplies used or consumed by such contractor or his subcontractor in performance of the work
contracted to be done or fails to pay any person who supplies rental machinery,tools,or equipment in the prosecution of the work 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 is executed,delivered and
filed,no claim in favor of the contractor arising under such contract shall be audited,allowed or paid.A certified or cashier's check or a bank money order payable
to the Treasurer of the Slate of Colorado may be accepted in lieu of a bond.This provision is in compliance with CRS 38.26.106.
INDEMNIFICATION
4. To the extent authorized by law,the contractor shall indemnify, save.and hold harmless the State, its employees and agents. against any and all claims.
damages. liability and court awards including costs,expenses,and attorney fees incurred as a result of any act or omission by the contractor.or its employees.
agents.subcontractors,or assignees pursuant to the terms of this contract.
DISCRIMINATION AND AFFIRMATIVE ACTION
5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957. as amended, and other applicable law respecting
discrimination and unfair employment practices(CRS 24-36402),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:
•
(a)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 advenisings:layoffs 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 provisions of this non-discrimination clause.
(b)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.
(c)The contractor will send to each labor union or representative of workers with which he has a 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 commitment under the
Executive Order,Equal Opportunity and Affirmative Action,dated April 16, 1975.and of the rules,regulations.and relevant Orders of the Governor.
(d)The contractor and labor unions will furnish all information 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.
(e)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 in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity because of race.creed,color.
tax,national origin,or ancestry.
(f) A labor organization.or the employees or members thereof will not aid,abet, incite,compel or coerce 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.
Form 6-AC-02B
Revised I/93
395.53-01-1022
4
page 3 of _ pages fa
`4-31 211A
•
(g)In the event of the 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 canceled, 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.
(h)The contractor will include the provisions of paragraphs(a)through(h)in every sub-contract and subcontractor 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 subcontractor 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
6a.Provisions of CRS 8-17-101& 102 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 pan by State funds.
b.When a construction contract for a public project is to be awarded to a bidder,a resident bidder shill be allowed a preference against a non-resident bidder from
a state or foreign country equal to the preference given or required by the state or foreign country in which the non-resident bidder is a resident.If it is determined by
the officer responsible for awarding the bid that compliance with this subsection.06 may cause denial of federal funds which would otherwise be available or would
otherwise be inconsistent with requirements of Federal law,this subsection shall be suspended,but only to the extent necessary to prevent denial of the moneys or to
eliminate the inconsistency with Federal requirements(CRS 8.19.101 and 102)
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 provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extra-judicial 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 whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint,
defence.or otherwise.Any provision rendered null 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.
8. At all times during the performance of this contract,the Contractor shall strictly adhere to all applicable federal and state laws,rules,and regulations that have
been or may hereafter be established.
9.The signatories aver that they are familiar with CRS 18-8-301.et.seq..(Bribery and Corrupt Influences)and CRS 18-8-401.et.seq..(Abuse of Public Office).
and that no violation of such provisions is present.
10.The signatories aver that to their knowledge,no state employee has any personal or beneficial interest whatsoever in the service or property described herein:
IN WITNESS WHEREOF,the parties hereto have executed this Contract on the day first above written.
Contractor: Weld County Health Department
(Full Legal Name) Weld County, Colorado STATE OF COLORADO
ROY ROMER,GOVERNOR
Bo d of County Commission rs
.5r7u-L/ r By + t/u ('-
YE for
`C'Onance . HarbertiT 3/93 'StxEr�iREcroa
Position(Title) Chairman
846000813 B
Soc.& .ray Nvmbej of F..t I I D N her DEPARTMENT
If Corporation:) / / �;J OF
HEALTH
J VL/L • WELD COUNTY }iW.AT TH DEPARTMENT
Attest(Seal)/
n
By t _ter, — %lm_ .t .G 1.'17xg .x gmfex ":. .. .5exapars�aMC - -ta Board
By' 1.'17
S. Pickle
APPROVALS rector
�ryw•;W
ATTORNEY GE :r�` •TTORr - r' •-• CM CONTROA. ROYALS:
By �/� -- By STATE CONTROLLER
BY:
Form 6-AC-02C Page 4 which is the Ian of 4 pages ���x(�
Revised .1 'See instructions on reverse side. rya, �(�(yR244
J'f3-S}01-I0J0 oonronu ADDRflVal - U �Y�'
ATTACHMENT A
Form 6-AC-02A(R I/88F
DEPARTMENT OR AGENCY NUMBER
26000--FAA
CONTRACT ROUTING NUMBER
930840
CONTRACT
THIS CONTRACT, made this 1st day of January, 1993, by and between the State of
Colorado for the use and benefit of the Department of Health, 4300 Cherry Creek Drive South,
Denver, Colorado 80222-1530 hereinafter referred to as the State, and Weld County Health
Department. 1517 16th Avenue Court. Greeley, CO 80631 hereinafter referred to as the
contractor.
WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated
and otherwise made available and a sufficient unencumbered balance thereof remains available
for payment in Fund Number 100 , APPR code 365 , Contract Encumbrance Number FAA
SOD930840; and
WHEREAS, the State has formulated comprehensive plans relative to the statewide
control of Sexually Transmitted Disease (STD) and Human Immunodeficiency Virus (HIV)
Infection; and
WHEREAS, in order to implement said comprehensive plan, the State has established
provisions by which to provide supplementary support to various local health departments and
community based service organizations; and
WHEREAS, the Contractor, a County Health Department, is considered by the State to
be an appropriate agency to provide the services as herein set forth,
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. The Contractor agrees to provide confidential counseling and testing services for antibody
to HIV;
a. Funds will support two basic types of testing programs, Provider Initiated testing
and Patient Initiated testing. Provider Initiated testing will consist of testing at facilities that
provide routine risk assessment and ongoing medical care (family planning clinics, STD clinics,
etc.). Patient Initiated testing consists of testing at Counseling and Testing Sites (CTS) where
clients go to receive HIV testing services only;
Page 1 of 9 Pages
931244
2. The Contractor agrees that counseling and testing services for each individual will include
the following: a) the administration of an approved informed consent, (sample attached and by
this reference made part hereof as Attachments A and B), b) a risk assessment, c) a discussion
and development of a risk reduction plan for the client, d) drawing blood sample for laboratory
processing, e) transportation of blood to laboratory, f) informing clients in person of test results,
g) explaining the significance of both positive and negative test results to the client, h) referring
clients who test positive for follow-up medical and counseling services as appropriate, i)
ensuring that all clients who test HIV positive receive posttest counseling, j) ensuring that those
positive clients who do not return for results or are lost for follow-up are referral to the
Colorado Department of Health and k) ensuring that all positive clients are referred to Disease
Intervention Specialists for sex and needle share partner referral;
3. The Contractor agrees that reimbursement for testing services will be based on service
units. A pretest counseling session is considered one service unit; a posttest counseling session
is considered another service unit;
4. The Contractor further agrees that reimbursement will also be based on client risk.
"High/increased risk" clients have a history since 1978 or since their last valid negative test
as reported by the client, of one or more of the following: 1) injection drug use, 2) sex with a
person with HIV/AIDS, 3) sex with a man who has sex with men, 4) sex with an injection drug
user, 5) more than three sex partners in the last year, 6) an STD, 7) receiving money or drugs
for sex. Persons with low/no risk are those individuals who have received blood or blood
products between 1978 and 1986 and who report no history of the above listed risks;
a. Valid negative test is defined as a negative test done six months or more after the
client's last reported unsafe behavior.
5. For Provider Initiated (non-CTS, family planning clinics, STD clinics etc.) and Patient
Initiated testing the following standards apply:
a. Contractor will be reimbursed at a rate of fifteen dollars ($15.00) per pretest
service unit for high/increased risk clients as defined in this contract.
b. Contractor will be reimbursed at a rate of five dollars ($5.00) per posttest service
unit for high/increased risk clients as defined in this contract.
c. Contractor may choose to charge clients as outlined in paragraph seven of this
contract;
6. For CTS only, Contractor agrees to separate personal identifiers from risk/demographic
information listed on the HIV laboratory report form in such a manner as to make re-linking
impossible. This separation will occur within sixty days of testing;
•
Page 2 of 9 Pages
9-31244
7. Contractors may (but are not required to) charge clients. Contractors choosing to collect
fees may do so by the method they find most convenient (sliding scale, flat administrative fee,
donation, etc.). A fee waiver is left to the Contractor's discretion. Clients who are referred by
the Colorado Department of Health as sex/needle share partners of HIV infected persons will
not be denied services because of inability to pay;
8. The Contractor agrees to provide to the State an annual report of fees collected within
thirty days of the end of the contract period. Fees collected plus contract reimbursement for
services provided should not exceed an annual average of fifteen dollars ($15.00) per service
unit;
9. All counselors providing counseling and testing services must have successfully completed
the Centers for Disease Control (CDC) course "HIV Serologic Test Counseling" or an approved
equivalent. All counselors providing ten or more pre or posttest counseling sessions per
calendar quarter (every 4 months) are required to attend one State approved HIV Counselor
Update per year. Those Contractors which do not have any counselors providing ten or more
pre or posttest counseling sessions per calendar quarter are required to have a minimum of one
counselor per year attend a State approved HIV Counselor Update;
10. The Contractor agrees to maintain internal medical and administrative records (labslips,
counseling session notes) in a manner which ensures confidentiality and security and is consistent
with procedures for clinical services;
11. Contractors shall designate an HIV Counseling and Testing Coordinator and provide the
name of this person, as well as the name of all employees providing counseling and testing
services, to the State within thirty days of the effective date of this contract. The Coordinator
will serve as the contact person with State staff to resolve operational issues. Such issues will
include but not be limited to: laboratory report form completion, billing and reimbursement,
counselor training, evaluation and modification of counseling services;
12. All counselors providing counseling and testing must be evaluated annually by the HIV
Coordinator or his/her designee with an evaluation instrument provided by the State. Copies of
completed evaluations will be submitted to the State;
13. The Contractor agrees to fully and legibly complete for each person tested the HIV 1
Serology lab slip. All lab slips must specify the source of the client services (where they were
tested) along with the provider. Specific codes used to indicate the source of the client services
are as follows:
Source Code
CTS 0214
STD 0114
FP 1213
Page 3 of 9 Pages
931244
14. The Contractor further agrees, for each client posttest counseled, to fully and legibly
complete the lower perforated portion (Counseling Follow-up form) of the provider copy (top
white copy) of the HIV 1 Serology lab slip provided by the State. The completed Counseling
Follow-up forms shall be submitted to the State within forty-five days after the date of pretest
counseling. If a clients returns for posttest counseling more than 30 days after their pretest, the
Contractor will not be eligible for reimbursement for that posttest counseling session. The State
shall provide to the Contractor a monthly Testing Site Activity Report within sixty days
following the end of the month;
15. The State shall provide free laboratory services, regardless of risk, for all persons
accepting HIV antibody testing;
16. The State will, in consideration of all services outlined in this contract, cause to be paid
to the Contractor a sum not to exceed $3,018.00 (Three Thousand Eighteen Dollars) for the
period beginning January 1, 1993, and continuing through December 31, 1993, subject to change
based upon differences between estimated and actual funding appropriations and legislative
approval, and conditioned upon affirmation by the State that services were rendered in
accordance with this contract as follows:
a. The State will provide a monthly statement of reimbursement eligibility by the
eleventh working day of the end of the month for which reimbursement is to be
provided. These monthly statements will reflect the number of pretest and posttest
counseling sessions (service units) eligible for reimbursement during that month. The
Contractor will have seven working days in which to verify these statements by signature
or inform the State of any discrepancies;
17. The following budget shall govern the expenditure of funds by the Contractor, as well
as subsequent reimbursement by the State:
a. Pretest counseling for all persons with high/increased risk accepting HIV
antibody testing at the CHD clinic at fifteen dollars ($15.00) per service unit.
b. Posttest counseling for all persons with high/increased risk accepting HIV
antibody testing at the CHD clinic at five dollars ($5.00) per service unit.
c. A base amount of$400.00 will be provided for testing site operation.
18. Payment pursuant to this contract will be made as earned, in whole or in part from
available State funds encumbered not to exceed $3.574,263 (Three-Million-Five-Hundred-
Seventy-Four-Thousand Two-Hundred-Sixty-Three Dollars) for the purchase of AIDS prevention
services. It is further understood and agreed that the maximum amount available for the
purchase of AIDS prevention services is$3,574,263(Three-Million-Five-Hundred-Seventy-Four-
Thousand Two-Hundred-Sixty-Three Dollars) or such lesser amount as may be mandated by
Page 4 or 9 Page
931244
executive order-or legislative action. The liability of the State, at any time, shall be limited to
the unencumbered remaining in such funds;
19. The term of this contract is beginning January 1, 1993, and continuing through December
31, 1993;
20. Changes in total reimbursement amounts for above named services in consideration of
increased or decreased levels of utilization in the original contract shall be made by a mutually
signed Letter of Approval which shall include the following:
a. Identification of contract by contract number and number of affected paragraph;
b. Amount of increase or decrease in funding and amount of change in number of
clients to be served;
c. Effective date of funding change;
d. Authorized signatures of the Contractor, the Program, the Health Department and
the State Controller. It is understood that no change except funding amounts and
the resulting change in client numbers, may be made through the Letter of
Approval. Any other changes will be made by an amendment to this contract;
21. The State and Contractor agree that additional funds may be awarded to expand or extend
activities. Should such funds become available, they will be awarded by an amendment to this
contract.
Page 5 of 9 Pages
, 'COLORADO DEPARTMENT OF HEA, - hereinafter, under the Gene Provisions referred to as
."Health" .
GENERAL PROVISIONS -- page 1 of 2 pages
1. The contractor shall perform its duties hereunder as an independent contractor and
not as an employee. Neither the contractor nor any agent or employee of the contractor
shall be or shall be deemed to be an agent or employee of the state. Contractor shall
pay when due all required employment taxes and income tax withholding,_, shall provide and
keep in force workers compensation (and show proof of such insurance) and unemployment
compensation insurance in the amounts required by law. Contractor will be solely
responsible for its acts and the acts of its agents, employees, servants and
subcontractors during the performance of this contract.
2. Contractor authorizes Health, or its agents , co perform audits and to make
inspections for the purpose of evaluating performance under this contract.
3. Eicher party shall have the right co terminate this agreement by giving the ocher
party thirty days notice by registered mail, return receipt requested. If notice is so
given, this agreement shall terminate on the expiration of the thirty days, and the
Liability of the parties hereunder for the further performance of the terms of this
agreement shall thereupon cease, but the parties shall not be relieved of the duty co
perform their obligations up to the date of termination.
4. This agreement is intended as the complete integration of all understandings
between the parties. No prior or contemporaneous addition, deletion, or ocher amendment
hereto shall have any force or effect whatsoever, 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.
5. If this contract involves the expenditure of federal funds, this contract is
contingent upon continued availability of federal funds for payment pursuant to the
terms of this agreement. Contractor also agrees to fulfill the requirements of:
a) Office of Management and Budget Circulars A-87 , A-21 or A-122, and A-102 or
A-110, 'whichever is applicable;
b) the Hatch Act (5 USC 1501-1508) and Public Law 95-454 Section 4728. These
statutes state chat federal funds cannot be used for partisan political purposes of any
kind by any person or organization involved in the administration of federa/ly-assisced
programs;
c) the Davis-Bacon Act (40 Scat. 1494, Mar. 3 , 1921, Chap. 411, 40 USC
276A-276A-S) . This act requires that all laborers and and mechanics employed by
contractors or sub-contractors to work on construction projects financed by federal
assistance must be paid wages not less than those established for the locality of the
project by the Secretary of-Labor;
d) 42 USC 6101 et seq, 42 USC 2000d, 29 USC 794. These acts require chat no
person shall, on the grounds of race, color, national origin, age, or handicap, be
excluded from participation in or be subjected co discrimination in any program or.
activity funded, in whole or in part, by federal funds; and
Page 6 of g Pages
Rev. 06/01/92
9312.$4
GENERAL PROVISIONS--Page 2 of 2 pages
e) the Americans with Disabilities Act (Public Law 101-336; 42 USC 12101, 12102,
12111 - 12117, 12131 - 12134, 12141 - 12150, 12161 - 12165 , 12181 - 12189, 12201 - 12213
and 47 USC 225 and 47 USC 611.
f) if the contractor . is acquiring real property and displacing households or
businesses in the performance of this contract, the contractor is in compliance with the
Uniform Relocation Assistance and Real Property Acquisition Policies Act, as amended
(Public Law 91-646, as amended and Public Law 100-17, 101 Stat. 246 - 256) ;
g) when applicable, the contractor is in compliance with the provisions of the
'Uniform Administrative Requirements for Grants and Cooperative Agreements to State and
Local Governments (Common Rule) .
6. By signing and submitting this contract the contractor states that:
a) the contractor is in compliance with the requirements of the Drug-Free
Workplace Act (Public Law 100-690 Title V, Subtitle D, 41 USC 701 et seq. ) ;
b) the contractor is not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from covered transactions by any federal
department or agency.
7. To be considered for payment, billings for payment pursuant to this contract must
be received within 60 days after the period for which payment is being requested and
final billings on the contract must be received by Health within 60 days after the end
of the contract term.
8. If applicable, Local Match is to be submitted on the monthly payment statements, in
the column provided, as required by the funding source.
9. If Contractor receives $25,000.00 or more per year in federal funds in the
aggregate from Health, Contractor agrees to have an annual audit, by an independent
certified public accountant, which meets the requirements of Office of Management and
Budget Circular A-128 or A-133, whichever applies. If Contractor is required to submit
an annual indirect cost proposal to Health for review and approval, Contractor's auditor
will audit the proposal in accordance with the requirements of OMB Circular A-87, A-21
or A-122. Contractor agrees to furnish one copy of the audit reports to the Health
Department Accounting Office within 30 days of their issuance, but not later than nine
months after the end of Contractor's fiscal year. Contractor agrees to take appropriate
corrective action within six months of the report's issuance in instances of
noncompliance with federal laws and regulations. Contractor agrees to permit Health or
its agents to have access to its records and financial statements as necessary, and
further agrees to retain such records and financial statements for a period of three
years after the date of issuance of the audit report. This contract does Mei%
contain federal funds as of the date it is signed. This requirement is in addition to
any other audit requirements -contained in other paragraphs within this contract.
10. Contractor agrees to not use federal funds to satisfy federal cost . sharing and
matching requirements unless approved 'in writing by the appropriate federal agency.
Page 7 of 9 Pages
Rev. 06/0I/92 971244
Form 6"AC"0ZS
SPECIAL PROVISIONS
CONTROLLER'S .APPROVAL
1. Thiscontract shall not be deemed valid until it shall have been approved by the Controller of the S tate of Colorado or such assistant as he may designate.Ts
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 kinds for that purpose being aopropnated.budgeted and oCerwtae
made available.
'BOND REQUIREMENT'
3. If this contract involves the payment of more than fifty thousand dollars for the construction.erecion.repair.maintenance.or improvement of any building.
road_bridge.viaduct,tunnel.excavation or other public works for this State.he contractor shall.before eatering the performance of any such work inc:udec:n__
contract_duly execute are celiver to and file with the crucial whose sigaamre appears below for the State,a good and sufficient bond or other acceptabie sur erf to:e
approved by said official in a penal sum not less than one-half of the:oral amount payable by the terms of this contract Such bond shall be duly executed by a
qualified corporate surety.andiaoned for the due and faithful performance of the contract and in addition,shall provide that time contractor or his subconcac;t
fail to duly pay for any apart materials,team hire-sustenance.provisions,provendor or other supplies used or consumed by such cnuaear or his subcontractor
performance of the work:inwacteet to be done,the surety will pay the same in an amount not exceeding the sum specfaed in the bond-:agether with interest at_e
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;.his cant__:
shall be audited-allowed or p:td.A certified or cashier's check or a bank money order payable to the Treasurer of the State of Ca may be accepted in.ieu of:
bond This provision is in comoiiance with 38-26-106 CRS,as amended
INDEMNIFICATION
a. To the extent authorized by law,the contractor shall indemnify.save and hold harmless the State.its empioyees and agents.against any and ail
damages.liability and court awards including costs.expenses.and attorney fees incurred as a result of any act or omission by Me contractor.or:ts employer_
agents. subcontractors-or assignees pursuant to the terms of this contract
DISCRIMINATION AND AFFIRMATIVE ACTION
5. The contractor agrees to comply with the Icier and spirit of the Coioraoo Antidiscrimination Act of 1957.as amended and other applicable law respect_:
dtscnmmauon and_unfair eztoicyment practices 12131.4)2.CRS 1982 Repucement Vol.)-and as required by Executive Omer.=:uai Opportunity and_Affirtni-
dye Action. dated Aoni 16. :975. Pursuant thereto. :rte following provisions snail Se contented in a!!State contracts or rod-onrrmcu.
During me performance of his contract,the contractor antes as follows:
(I I The contractor will not discriminate against any empiayee or applicant for employment because of race.coed,color.national engin.sex.marital status.
re:ivon.ancestry.mental or physical handicap.or age.The contraca rut il take affirmative action to insure that applicants are tpioyed and Matemoioyees arc
tieatea canna cmotoyineet,without regard to the love mentioned characteristics.Such action shall include.but not be limits to the fallowine employment
upgracing.acmotion.or=master.recruitment or recruitment advertising:layoffs or::nninations:rates Of pay or cater farms of compensation:and selection far
::ainma,me:uoing aeoreat:ima to.The contractor agrees CO post in conspicuous places.available to employees and applicants for empioyment_notices to be pra-
vine°by ine apart acting officer setting forth provisions of this non-disatnination clause.
.1 The ton tract rwiil.:nail solicitations or advertisements for employees oiaced by or on behalf of the conmcor.state that all qualified applicants will etc::ve
constuenuon for employment without regard to race.creed, color. national origin.sex. marital status.religion. ancestry.mental or physical hancetp.
age. •
•
131 The contractor will sena to each labor union orreoresentauve of workers with which he has collective bargaining aaeetnent or eater contract or under:cac:
ing,notice to cc;novice:by the contracting officer.aavising the labor union or workers'representative of the contractors commitment unaer the Eaccative
Omer. Euai Opportunity and Affirmative Action-aced Apni 16. 1975. and of the rules. regulations, and relevant Orders of the Governor..
'al The contractor aria lacer unions will furnish all information ana reports rcquirea by Executive Order.Equal Opportunity and Affirmative Action of Acri:a.
1979.Ina by the rums..-:tusauons and Orders of the Governor.or pursuant thereto,and will permit access to his books.:ecorus.and accounts by the comae_-:
agency Inc tae office of:n:Governor or his designee for purposes of investigation to ascertain compliance with such rules.:aguiauons and otters.
51 A boor orzanizauon will not exclude any individual otherwise qualified from full membership rights in such labor organization.or exoel any sacs maividn_•
from memoersnip in sue-iaoor organization or Olsenmmmq against any of its memoers in the full enjoyment of work opportunity.because of race.creed.:ale:.
sex. national angin.or ancestry. ,
61 A labor organization.err the employees or memoers thereof will not aid.abet.Mate.compel or coerce the doing of any act de:fined in this contract to de cis-
caminatory or nostrum or prevent any person from complying with the provisions of this contract or any order issued thereunoee.or attempt timer dirsy c:
inairectiv. :o commit any act defined in this contract to be discnminatory.
:9<.<3.)l io:_
Revised I ss :age . S of pages -. ... .
sw
ar1�K�.avt
Fern 6-AC-O2C
(7) In the event of the contraeor's non-campliance with the non diseimiaatioo causes of this contactor or with any die ca rely,tejutasiens,or order,this
contract may Se candled tin aired or suspended in whale or in part and the ccicuraa may be declared ineligible(or flatter Slue contacts in accordance
with procedures.authcrixed in Execative Order,Equal Opportunity and Affirmative,Icon of April 16.1975 and the rules,rejnlaaons-or erden prumulgur_•
in accordance therewith,and such ocher sanctions as they be imposed and remedies as may be invoked as provided in Eseadve Order.Equal Opportunity am
Affirmative .jcimt of Apral 16. 1975, or by rules.regulations, or orlon promulgated in accordance dxrewth,or as otherwise provided by law.
(8) The conrraecr-ni include the provisions a(parzgaph(I l through(3)in every rob-.vase and subcoocaerr peat.+.ase order unless ampted by rules.
r e;ulanons.or orders issued punuant to Executive Order-Equal Opportunity and ArErtnative Action of April 16.1975,so that such provisions will be Sindin g
upon each subcannaelr or vendor.The contracor will take such an with respec to any nab-conracing or peruse ceder n the mon'acing ttenc/may
direct a:a mean anslnrr_:;such provisions,including sanctions for tam-aompaancc provided,however,that in the coca the masracae becomes involved
is or is threatened with-litigation with the subcoeaueor or vendor as a resuh of reach direction by the contracting away,the mosaeor may requt=the Stale
of Colorado to enter icon such litigation to protect the interest of the Stara of Caiondo.
COLORADO LABOR ?REFERENCE
6a. Provisions of 8-17-an a 102.CRS(or preference of Colorado labor are applianie to this contra=if public works within the State are undertaken hereun-
der and are financed :n whole or in part by State funds.
b. When construe.:,=cat::r a public project is to be awarded to a bidder.art bidder shall be allowed a prcetece against a non-resident bidder
from a stare or fore..-:�—r egus to the preference given or required by the state or 3tesn county in watch the non-reridea bidder is a rende t lib is deter-
mined by the officer:smnnbk for awarding the bid that compliance with this subserm.06 may cause denial of federal falls watch would otherwise be avail-
able or would otherwise se=oasis=with requirements of federal law,this=nab=sail be suspended but only to the cant necessary to
the moneys or to Ammer' the arnnnsrmry requirements federal requirem (senor 3-'9401 and 102. CRS). preset deal of
GENERAL
7. The laws of the State of Cobndo and rules and regulations issued pursuant therm shall be applied in the imaprr_atm aectian and ensbrcemear of this
cons Any pravisim of Zit tame whether or na incorporated her=by refeaace witch provides for arvianion by any esnayrdiei it body or person or
wnsch is otherwise is r'nifn with said laws-roles and regulations shall be consider=coil and void.Nothing commed in any proton incorporated he=by
=erect wnict purports to oe;ate:his or any other spee=d provision in wrote or in part snail be valid or enforceable or available in any icon at law whether ov
way of co®ratnt-defense=otherwise.Any provision=dead null and void by the opeamn a this provision will oaks invalidate the=made of this nn-ac to
rate inc that the =bree is c=able of ezecacan.
3. At all uric daring=ecnbnnance of this Cannot 1e Car=shall slog iiMre to all appiitmcle fedcai and state laws,roles and regulations that
have been Of =ay tuna=at :riadlisnec-
9. The cannon=nice eve nu they are familiar with 13-3-701,t sea.,;Bribery::a Cal-rapt Imluenca i and 18.3-tO L.:.sew_(Abuse of?iliac Otfic;.
CRS 1973 Replan-rot= '•C.. Ana tax to vioiinon of seta provisions is preset.
10. The signatories per _at to ,'ter mowsecge. no stare mpiwee has a 'e caai or Seneridai inter= aiiasocver in the seine or proper
deseibec bean
EN WTI-NESS WHEREOF. '=.e parries hereto have executed this C.aam= an the ay first above writs=
C.anmcar.
(Fail Lcsai Name) Weld County Health Dept
-Art OF COLORADO
We�2i County Board of Commyissioners ROY ROMER. GOVERNOR
01/27/93 •t ='XECumEoiRECrCL °r
Position(Tidei Chairman
846000813B
Ntantler err?In/s.q� CE?.SFtTNE'JT
OF 4E,ALTF
(Y CorpCorporation::os
��/ WELD COUNTY HEALTH DEPARTMENTAnent (Serail
By ,•%/n / v/�ti y C--ch By: P � ���/t"��
9fRfFtk4gi14# 1t14$40(tl41rbiiinic>...�t o `Board Ran olph rdon, H.D. , M.P.R.
, Director
APPROVALS
ATTORNEY GENERAL GALE A. NORTON c Nn R ,y ( •
B.� ' HOMA�SIS. FEARS 3'- ILI)r, �- J
AsbiSidlli AZuiiiey General ��' � A . ALL
General Legal Services
?BCGTi .Y APPROVAL:
ie!..t4i ,URO'M...c t.fit .n..una. e.•n.... 0'.un •t^> ram
.‘_ �:,�c?i�;v 1 A
Colorado Department of Health
HIV Antibody Pretest Information
The HIV Antibody Test and AIDS
The test that you are about to have is a test for the HIV (Human Immunodeficiency
Virus) antibody. HIV is the virus which can cause AIDS.
AIDS (acquired immunodeficiency syndrome) is a serious disease that is caused
when HIV damages a part of the body's immune system (its natural defenses). This
makes it difficult for the body to fight off other diseases.
It is not known whether everyone infected with the virus will develop AIDS. Some
people have had the virus for many years without becoming sick. Even though these
people are healthy, they can pass the virus to others through sex or shared needles. A
woman infected with HIV can pass the virus to her baby during pregnancy. Anyone who
has the virus can pass it on.
The HIV antibody test is a simple blood test. When someone is infected with the
virus, the body makes a kind of protein called antibody. It will take at least one month or
as long as six months after infection for the antibodies to appear. If the test finds
antibody in your blood, this means you have the virus and can pass it on. The results of
this test are very good. However, no test is 100% correct. If you think your results are
wrong, please request a repeat test. This test cannot tell you whether you have AIDS or if
you will develop AIDS.
In order to do the test for HIV, about a tablespoon of blood will be taken from your
arm with a sterile needle. As a result of this procedure, you may experience some
temporary discomfort and bruising.
Reasons You May Want to Take This Test
HIV infection is an important medical problem. If you have the virus you need to
know. You will want to learn about healthcare measures that may help you stay healthy
and keep from developing AIDS.
If you find out you have the virus, you will want to tell your sex partner(s) or people
you have shared needles with so they can get tested too. You will need to learn about
"safer sex" and other ways to protect your partner's health and to keep yourself from
becoming exposed again. If you find out you do not have the virus, your counselor will
discuss ways to avoid getting HIV, the virus that causes AIDS.
Reasons You May Not Want to Take This Test
Finding out that you have the virus (HIV) can be upsetting. You might become
worried about developing AIDS or infecting others. For this reason it is important to
consider who in your life is available to talk to and help you when you receive your results.
Also, there are counselors, volunteers and support groups to help you with these feelings.
(over)
931244
Colorado Department of Health
HIV Antibody Pretest Information
The HIV Antibody Test and AIDS
The test that you are about to have is a test for the HIV (Human Immunodeficiency
Virus) antibody. HIV is the virus which can cause AIDS.
AIDS (acquired immunodeficiency syndrome) is a serious disease that is caused
when HIV damages a part of the body's immune system (its natural"defenses). This
makes it difficult for the body to fight off other diseases.
It is hot known whether Everyone infected with the virus will develop AIDS. Some
people have had the virus for many years without becoming sick. Even though these
people are healthy, they can pass the virus to others through sex or shared needles. A
woman infected with HIV can pass the virus to her baby during pregnancy. Anyone who
has the virus can pass it on.
The HIV antibody test is a simple blood test When someone is infected with the
virus. the body makes a kind of protein called antibody. It will take at least one month or
as long as six months after infection for the antibodies to appear. If the test finds
antibody in your blood, this means you have the virus and can pass it on. The results of
this test are very good. However, no test is 100% correct. If you think your results are
wrong, please request a repeat test. This test cannot tell you whether you have AIDS or if
you will develop AIDS.
In order to do the test for HIV, about a tabies000n of blood will be taken from your
arm with a sterile needle. As a result of this procedure, you may experience some
temporary discomfort and bruising.
Reasons You May Want to Take This Test
HIV infection is an important medical problem. If you have the virus you need to
know. You will want to learn about healthcare measures that may help you stay healthy
and keep from developing AIDS.
If you find out you have the virus. you will want to tell your sex partner(s) or people
you have snared needles with so they can get tested too. You will need to learn about
"safer sex' and other ways to protect your partner's health and to keep yourseif from
becoming exposed again. If you find out you do not have the virus, your counselor will
discuss ways to avoid getting HIV, the virus that causes AIDS.
Reasons You May Not Want to Take This Test
Finding out that you have the virus (HIV) can be upsetting. You might become
worried about developing AIDS or infecting others. For this reason it is important to
consider who in your life is available to talk-to•and help you when you receive your results.
Also, there are counselors, volunteers and support groups to help you with these feelings.
(over)
931244
mEmoRAnDum
W `P e. To Constance L. Harbert, Chairman
Board of County Commissioners Date December 3, 1993
COLORADO John Pickle, Director, Weld County Health Department
From
Subject: H.I.V. Contract Amendment
The attached contract amendment from Colorado Department of Health is due to an
increase in the number of high risk individuals being treated at our agency. The
per test payment has been increased retroactively from $15.00 to $18.30. This
increases our total 93-94 H.I.V. testing and counseling contract by $2,212.00.
We would appreciate your approval of this amendment. We are under a timeline of
12/10/93 to return the signed contract to Colorado Department of Health.
Thank you.
c31244
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