HomeMy WebLinkAbout940389.tiff RESOLUTION
RE: APPROVE RYAN WHITE CONTRACT BETWEEN COLORADO DEPARTMENT OF HEALTH AND
HEALTH DEPARTMENT 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 a Ryan White Contract between
the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Weld County Health Department, and
the Colorado Department of Health, commencing April 1, 1994, and ending March 31,
1995, with further terms and conditions being as stated in said contract, and
WHEREAS, after review, the Board deems it advisable to approve said
contract, 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 Ryan White Contract between the County of Weld, State
of Colorado, by and through the Board of County Commissioners of Weld County, on
behalf of the Weld County Health Department, and the Colorado Department of
Health be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
authorized to sign said contract.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 25th day of April, A.D. , 1994, nunc pro tunc
April 1, 1994. //////
LeMetet
// BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld County Clerk to the Board &'( /dna
fin,�`�' W. H. Webster, hairman
r D
BY: 'v
Deputy �erk to the Board Dale , Hall, _ r� em
7
APPROV AS TO FORM: « +� �, /
l Georg%E. Baxter
County tto4ney Constance L. Harber
aarbara J. Kirkme}r r
940389
141 6C,1O cc r-/t srf»c
Form 6-AC-02A(R U88)
DEPARTMENT OR AGENCY NUMBER
FAA
CONTRACT ROUTING NUMBER
94-1010
CONTRACT
THIS CONTRACT, made this 21st day of March 1994 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 the Weld County Health Department, 1517 16th Avenue Court
Greeley. Colorado 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 383, Contract Encumbrance Number FAA SOD941010; and
WHEREAS, required approval,clearance and coordination has been accomplished from and with
appropriate agencies; and
WHEREAS, the State has been awarded funding from the U.S. Department of Health and Human
Services, Bureau of Health Resources Development, Health Resources and Services Administration for
the development and operation of a Human Immunodeficiency Virus (HIV) care consortia(Consortia) to
improve the quality, availability and organization of health care and support services for individuals and
families with HIV; and
WHEREAS, the Contractor is considered by the Consortium and the State to be an appropriate
agency to perform 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 will provide the services outlined in the "Weld County Health Department
Workplan" (copy attached and made a part hereof as Attachment A).
2. The Contractor will provide said services to affected populations in Northeastern Colorado
including, but not limited to, the counties of Weld, Larimer and Morgan.
3. The Contractor agrees to abide by the assurances outlined in the "Colorado Ryan White Title II
1994 Consortium Assurances" (included within Attachment A).
4. The Contractor will develop and/or abide by existing confidentiality protocols in accordance with
professional standards and applicable statutes including,but not limited to, C.R.S. 25-4-1401 et seq(HIV
infection and AIDS) and C.R.S. 18-4412 (medical records).
Page 1 of 6 Pages
5. The Contractor will abide by the Reporting Requirements and Time Frames described in the CDH
Guidance for the Development of Title II Funded Consortia Workplans, 1994-1995 (copy attached and
• made a part hereof as Attachment B).
6. The State will, in consideration of said services by the Contractor, cause to be paid,to the
Contractor an' amount not to exceed $93,615 (NINETY-THREE THOUSAND SIX HUNDRED
FIFTEEN DOLLARS for the period beginning April 1, 1994 and continuing through March 31, 1995.
The dollar amount is subject to change based on differences between estimated and actual funding
appropriations and legislative approval. Reimbursement shall be conditioned upon affirmation by the
State that services were rendered in accordance with this contract, as follows:
a) Upon receipt of a monthly reimbursement statement, submitted in duplicate,
requesting reimbursement and delineating expenses incurred, payment shall be
conditioned upon affirmation by the State of full and satisfactory compliance with the
terms of this contract.
b) Reimbursement may be withheld if quarterly narrative reports are delinquent.
Contractor must notify the State two weeks before the due date of report to advise of
reason for reporting delays.
7. The following budget shall govern the expenditure of funds by the Contractor as well as
subsequent reimbursement by the State. Transfer of funds from one line item to another in excess of
$10,000 (Ten Thousand Dollars) must have prior written approval of the State:
Personnel $19,586
Fringe $ 2,639
Travel $ 1,200
Supplies $ 750
Contractual $41,024
Other $15,095
Audit $ 1,619
Indirect Charges $11,702
TOTAL $93,615
8. Changes in reimbursement amounts for any of the budget periods for the above-named services
in consideration of increased or decreased levels of utilization from the levels funded in the original
contract shall be made with the approval of the Contractor, the State, the Program, and the State
Controller as evidenced by a mutually signed Change Order Letter (copy attached and by this reference
made a part hereof as Attachment C) which shall include the following:
a. Identification of contract by contract number and number of affected paragraph;
b. Type of services increased, decreased, or extended;
c. Amount of increase or decrease in funding and new total for current year;
d. Intended effective date of funding changes;
e. Authorized signatures of the State, the Program, the Contractor and the State Controller or
an assigned designee. It is understood that no change except funding amount will be made
through the Change Order Letter.
9. The term of this contract is beginning April 1, 1994 and continuing through March 31, 1995.
Page 2 of 6 Pages
940389
COLORADO DEPARTMENT OF HEALTH - hereinafter, under the General 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 withholdinZ_ 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, to perform audits and to make
inspections for the purpose of evaluating performance under this contract.
3. Either party shall have the right to terminate this agreement by giving the other
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 to
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 ocher 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 that federal funds cannot be used for partisan political purposes of any
kind by any person or organization involved in the administration of federally-assisted
programs;
c) the Davis-Bacon Act (40 Stat. 1494, Mar. 3, 1921, Chap. 411, 40 USC
276A-276A-5) . 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 that no
person shall, on the grounds of race, color, national origin, age, or handicap, be
excluded from participation in or be subjected to discrimination in any program or.
activity funded, in whole or in part, by federal funds; and
Page 3 of 6 Pages
Rev. 06/01/92
940389
GENERAL PROVISIONS--Page 2 of 2 3es
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 Scat. 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
:ertified public accountant, which meets the requirements of Office of Management and
3udget 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
Jill audit the proposal in accordance with the requirements of OMB Circular A-87, A-21
3r A-122. Contractor agrees to furnish one copy of the audit reports to the Health
)epartment Accounting Office within 30 days of their issuance, but not later than nine
aonths after the end of Contractor's fiscal year. Contractor agrees to cake appropriate
:orrective 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
rears after the date of issuance of the audit report. This contract DOES (100%)
:ontain federal funds as of the date it is signed. This requirement is in addition to
my other audit requirements contained in other paragraphs within 'this contract.
_0. Contractor agrees co not use federal funds to satisfy federal cost sharing and
latching requirements unless approved in writing by the appropriate federal agency.
•
Page 4 of 6 Pages
:ev. 06/01/92 940389
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 State 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 24-34-402).and as required by Executive Order, Equal Opportunity and Affirmative Action,dated Apnl 16.
1975.Pursuant thereto,the fallowing 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 advertisings: lay-offs or terminations:rates of pay or other forms of compensation: and
selection for training, including apprenticeship.The contractor agrees to post in conspicuous places, available to employees and applicants for employment.
notices to be provided by the contracting officer setting forth 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 sece,creed.color.
sex,national origin,or ancestry.
(1)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 t/93
J95-53-0t-1022
page 5 of 6 pages
940389
iance with the s of is contract or th any of t(g)hisfcontr contract may be the be canceled, terminated orrlsuspended in whole onon-discrimination
e nmpart de the contractor may be declared ineligible hfor 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
eq Opportunity and Affirmative Action of Aprilin accordance therewith,and such16 h 1975.oter sactions as may bc imposed and remedies as may be invoked or by rules,regu ations.or o ders promulgat d in accordance therewith,or as otheerwise
Equal PPoportunit y
provided by law. purchase
(h)The contractor will include the provisions of paragraphs(a)through(h)ineve�a ract nd Ad sun of ac t r6,chas so that order unless provised ions
rules,regulations,or orders issued pursuant to Executive Order.Equal Opportunityto any sub-contracting of April
1 . purchase order h the onions will
ag
be binding upon each subcontractor or vendor.The contractor will take such action with respect Ling however,that in the event the contractor
agency may direct,as a means of enforcing such provisions,including sanctions for non-compliance: provided, t y
becomes involved in,or is threatened with.litigation.with the subcontractor or vendor as a result of such direction by the contractingea 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 arc undertaken hereunder and
arc financed in whole or in part by State funds. be allowed a ference b.When a construction contract for the ae ivenblic project rs to be or required by the state or foreign country to•bidder.a resident in which the non-resident bidder i against resident.If it is t bidder from
determined by
a state orforeign respcouetry W preference 8
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 so 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.
&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:
(Full Legal Name) WELD COUNTY HEALTH DEPARTMENT STATE of COLORADO
ROY ROMER,GOVERNOR
WELD COUNTY BOARD OF COMMISSIONERS
1 A`�l , J // :(s=�,_, for
By
'�� 04/2 - 94 •y�CUIIIDIRECTOR
Prhion(Title) CHAIRMAN
846000813 B
Soci -r Number or cral LD. wooer DEPARTMENT HEALTH
If Corporation:) \ OF
Attest(Se
By fo k, .,,, WELD COUNTY HEALTH DEPARTMENT
Xiitti@i1X1Wfrier&P"sq Cita TO BOARD I
BY: ,/
JOHN S. P CKTE: '
APPROVALS DIRECTOR
ATTORNEY GENER GALE, ' 97 'N CONTROLLER/. , )
: ... j—;,`v;),
By //// - By r„ 'iTt� CONTROL! , ,
srllig
BY:Rents d I/93 Page 6 which is the last of 6 p 1
Revised 1-1 •See instructions on reverse side.
Jn-sw/-toJo PROGRAM APPROVAL:
940359
4 (' mEmORAnDUm
W�`PCBill Webster, Chairman
0 To nn nP r + r ..,...,. �io « Date April 10, 1994
COLORADO From Tnhp c pirklo, Director, Weld Ce..ntg II�e1L), DepL�
Subject: Ryan White Contract (/
Enclosed for Board approval is a contract between the Weld County Health
Department and the Colorado Department of Health. This is the third year of
funding from Ryan White Title II monies. During the first two years, the funding
was administered by the Governors AIDS Council, and we received the monies in the
form of a grant. This year the program is administered by the Colorado
Department of Health.
Under the provisions of the contract the Health Department will provide case
management services for HIV affected clients in Weld and Morgan counties. We
will also process pass through funding to pay for clients' health care visits
through a voucher system. The Northern Colorado AIDS Project (NCAP) will sub-
contract with WCHD to provide case management services for Larimer County and the
coordination of the Northern Colorado Care Consortium.
For these services, the Health Department will receive an amount not to exceed
$93,615.00 for the period April 1, 1994 through March 31, 1995. Of these funds,
$41,024.00 will be sub-contracted to NCAP.
I recommend your approval of this contract.
940389
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