HomeMy WebLinkAbout940789.tiff RESOLUTION
RE: APPROVE ASSIST CONTRACT WITH COLORADO DEPARTMENT OF PUBLIC HEALTH AND
ENVIRONMENT 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 ASSIST (American Stop Smoking
Intervention Study) 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 Public Health and
Environment, commencing October 1, 1994, and ending September 30, 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 ASSIST 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
Public Health and Environment 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 24th day of August, A.D. , 1994.
/� BOARD OF COUNTY COMMISSIONERS
ATTEST: D /! di,g 4 WELD COUNTY, COLORADO �1 Weld County Clerk to t e A.il< pihJ m " ""f
W. Webste C airman
BY: G
Deputy C r to the Board Dale 4 Ha , ro- em
AP AS TO FORM:
IGeoor Baxter
Count Attorn �j y/X6,6
Y y nce L. Harbert
arbara J. Kirkmey r /�
940789
e.; HL (5-0-2<t)
Form 6-AC-02A (R 5/91) Department or Agency Name
Health
Department or Agency Number
260000 --FLA
Contract Routing Number
950341
CONTRACT
THIS CONTRACT, made this 1st day of August, 1994, by and between the State of Colorado for the use and benefit of
the Department of Public Health and Environment, 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 uncommitted balance thereof remains available for encumbering and subsequent payment of this contract under
Encumbrance Number FLA PPG950341, in Fund Number 100, Appropriation Account 773, and Organization 7370 .
WHEREAS, required approval,clearance and coordination has been accomplished from and with appropriate agencies:and
WHEREAS, tobacco use is the leading preventable cause of death and disability in Colorado; and
WHEREAS, the State of Colorado, Department of Public Health and Environment has received
funding from the National Cancer Institute (NCI) to conduct an American Stop Smoking Intervention
Study (ASSIST) to reduce the prevalence of smoking by the year 2000; and
WHEREAS, the National Cancer Institute has approved the Colorado ASSIST 1994-95 Annual
Action Plan and Channel deliverables; and
WHEREAS, the Contractor is considered by the State to have the necessary expertise and personnel
to assist with implementation of the 1994-95 Annual Action Plan and their services 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 agree as follows:
1. The Contractor will provide to the State the following services:
a. Conduct local youth sales assessments and develop a local youth access control plan.
b. Sponsor a workshop/training/information exchange that involves pharmacists.
c. Participate in communitxactivities or events that have a specific outreach to ethnic populations. .
Page 1 of 6 pages
940789
d. Provide assistance to schools regarding implementation, maintenance, or enforcement of school
tobacco-free policy.
e. Implement a campaign to promote clean indoor air policy.
2. The Contractor will provide monthly progress reports towards accomplishment of the activities
stated above for the Weld County Primary Intervention Community. The Contractor is required
to attend the Colorado ASSIST Alliance Board meetings and other meetings required by the
Colorado ASSIST Project Manager.
3. The Contractor will acknowledge Colorado ASSIST Alliance and its co-sponsors, the Colorado
Department of Public Health and Environment and the American Cancer Society, Colorado
Division, on any materials developed under this contract.
4. The State will, in consideration of said services by the Contractor, cause to be paid to the
Contractor a sum not to exceed FORTY-FOUR THOUSAND DOLLARS ($44.000.00) in the
following manner:
a. Upon receipt of signed monthly statements, submitted in duplicate requesting reimbursement
for services rendered at the rate of$3.666.00 per month for eleven months (October, 1994 -
August, 1995) and $3.674.00 for one month (September, 1995). Statements shall reference the
contract number, list dates, amounts, brief description of activities and total requested.
Reimbursement shall be conditioned upon affirmation by the State of full and satisfactory
compliance with the terms of this contract.
b. Final statement shall be submitted not later than 60 days after completion of the contract term.
c. Said statements shall be sent to the Division of Prevention Programs, ASSIST Project, PPD-
ASSIST-A5, 4300 Cherry Creek Drive South, Denver, Co. 80222-1530.
5. The term of this contract is beginning October 1. 1994 and continuing through September 30,
1995.
Page 2 of 6 pages
940'789
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 withholding, shall provide and
keep in force worker's 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 other 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 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
940789
GENERAL PROVISIONS--Page 2 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 noc presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from covered transactions by any federal
department or agency; and
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 cake 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 (100%)
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 4 of 6 Pages
Rev. 06/01/92 940 189
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 orother 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 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 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 I6, 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 see,creed,color.
sex,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-028
Revised 1/93
395-53.01-1022
page 5 of 6 pages
950'7%39
(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 cake 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.
ro ' d.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.
'OLORADO 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
re financed in whole or in part by State funds.
b.When a construction contract for a public project is to be awarded to a bidder,a resident bidder shall be allowed a preference against a non-resident bidder from
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
to 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
therwise 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
liminate the inconsistency with Federal requirements(CR5 8-19-101 and 102)
:ENERAL
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
ontract.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
s 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,
lefence,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
ontract 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
.een or may hereafter be established.
9.The signatories aver that they are familiar with CR5 18-8-301,et.seq..(Bribery and Corrupt Influences)and CRS 18-8-401,et.seq.,(Abuse of Public Office),
.nd 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:
'N WITNESS WHEREOF,the parties hereto have executed this Contract on the day first above written.
Contractor: Weld County Health Department
Full Legal Name) xWeld County, Colorado STATE OFCOLORA
ROY RO
Weld County B of Commissiio e{ray
//YIP/ �I Ut5 Y9/94 BSFXEctm
Position(Title) Chairman 8 agg4f{ f
S.-al.-writ y ar her d sot.Numbs DEPARTMENT HEALTH
If Corporation:) / OF
Attest(Seal) t r • WELD C0UN H DEPART T
By BY.
Corporate Scummy.•r -ury eat.TownCC,ry/Coun
OHN S. PICKLE, M.S.E.H.
DIRECTOR
GALE A. NORTON APPROV LS
ATTORN V O EcS�1RNEY GENERAL CONTROLLER
E/ 1/ Q
By / '�L� d l/�(�L,<:CL t-G `c- By 1,,/
ALVIN E. h:,yS»N6 G [I
Assistant Attorney General f I i .) -
Formed I/932CGenera l Legal Services Page 6 which is the last of 6 pages
•
395i5 I-1 •Sec instructions on reverse side.
395-5}01-1070
PROGRAM APPROVAL S.Nr.-
ft/tilt mEmoRAnDum
WliRe W.H. Webster, Chairman
To Board of County Commissioners we August 19, 1994
COLORADO From John Pickle, Director, Health Department
Subject: ASSIST Contract
Attached for your review is a copy of the contract for ASSIST Tobacco Use
Prevention Project funds from the Colorado Department of Health. This
contract awards $44,000 over the time period October 1, 1994 through
September 30, 1995.
These funds will allow the department to work towards our goal of reducing
chronic disease and tobacco related morbidity and mortality through the
following activities:
1. Host a training that involves pharmacists and recruit at least one
pharmacist to participate in the local coalition activities.
2. Participate in at least two community activities or events that have
a specific outreach to ethnic populations and involve at least one
community group that represents the community's ethnic diversity in
at least one tobacco control activity.
3. Provide assistance to District 6 schools regarding implementation,
maintenance or enforcement of school tobacco-free policy.
4. Provide vendor education to retailers who sell tobacco in their
establishments. Training materials will be developed and provided
to the retailers.
5. Implement a campaign to promote clean indoor air legislation with a
strong work place component or upgrade an existing ordinance.
6. Coordinate the Tobacco-Free Greeley Task Force. The task force will
meet once a month and will work on the first five strategies. The
task force will also work on other issues regarding tobacco use and
prevention.
I recommend your approval of this contract.
940789
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