HomeMy WebLinkAbout940122.tiff RESOLUTION
RE: APPROVE CONTRACT FOR INJURY PREVENTION PROGRAM 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 a Contract for the Injury
Prevention Program between the Colorado Department of Health and the Weld County
Health Department, commencing January 1, 1994, and ending September 30, 1994,
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 Contract for the Injury Prevention Program between the
Colorado Department of Health and the 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 contract.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 24th day of January, A.D. , 1994, nunc pro
tunc January 1, 1994.
auelletair
BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY C LORADO
Weld County Clerk to the Board /-/C � b_,),U1 I
nA� /�J//�� / �_ ,, A ll H. Webste , Chai man /
BY: LTAINt /"
Deputy clerk to the Board Dale . Hall, ro-J/gm
APP AS TO FORM:
eor e Baxter
unty Attorn y Con antce L. Harbert
Barbara J. Kirkmey O
940122
14 / n020
Form 6-AC-02A (R 5/91) Department or Agency Name
Health
Department or Agency Number
260000 -- FAA
Contract Routing Number
940797
CONTRACT
THIS CONTRACT, made this 1st 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 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 FAA PPG940797, in Fund Number 100, Appropriation Account
367, and Organization 7310.
WHEREAS, required approval, clearance and coordination has been
accomplished from and with appropriate agencies; and
WHEREAS, the State of Colorado and the Division of Prevention
Programs, Injury Prevention Program, Colorado Department of Health,
has received funding from the Centers for Disease Control; and
WHEREAS, the Contractor has special knowledge in injury
prevention and will expand the High School Teen Driving Safety
Education Program to other high schools in Weld County; and
WHEREAS, the Contractor is considered by the State to be an
appropriate party to provide the 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 agrees to provide the following services:
a. Oversee the development and printing of the Ejection
Prevention Education Program Manual.
b. Collaborate with the Weld County Safety Network to
distribute the manual.
c. Collaborate with Drive Smart Colorado to plan and execute
a half day workshop to familiarize educators with the manual.
Page 1 of 6 Pages 940122
d. Develop a mobile poster presentation to promote the
program at various state and regional health promotion and
school educator conferences.
e. Submit abstracts regarding the program to appropriate
conferences for poster sessions, exhibiting, oral
presentations or panel discussions.
2 . The State will, in consideration of said services by the
Contractor, cause to be paid to the Contractor a sum not to
exceed four thousand one hundred forty dollars (S4, 140) .
Reimbursement shall be conditioned upon affirmation by the
State Injury Prevention Program that services were rendered
in accordance with this contract, as follows:
a. Upon receipt of signed statements submitted in duplicate
on the following dates: June 30, 1994; September 30,
1994, requesting reimbursement for supplies, printing,
workshop, mailings, poster and travel. Said statements
shall set forth dates, names of payees, brief description
of expenditures, amounts and total requested.
Reimbursement shall be conditioned upon affirmation by
the Division of Prevention Programs, Injury Prevention
Program, that all services were rendered in accordance
with the contract.
b. Said Statements should be sent to the
Colorado Department of Health
Injury Prevention PPD-IP-A5
4300 Cherry Creek Drive South
Denver, CO 80222-1530.
3 . The term of this contract is beginning April 15, 1994 and
continuing through September 30, 1994 .
Page 2 of 6 Pages
940122
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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 r •tice 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
OAnior,
GENERAL PROVLSIONS--Page 2 c 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; 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 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 (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 940122
•
Form 6-AC-02B
SPECIAL PROVISIONS •
CONTROLLER'S APPROVAL
1. 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 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 works for this State.the contractor shall.before entering the performance of any such work included in this
contract,duly execute and deliver to and file with the official whose signature appears below for the State,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 for the due and faithful performance of the contract,and in addition,shell provide that if the contractor or his subcontractors
fail to duly pay for any labor,materials,team hire.sustenance.provisions,proverdororother supplies used or consumed by such contractor or his subcontractor in
performance of the work contracted to be done,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,when so required,is executed,delivered and filed,no claim in favor of the contractor arising under this contract
shall be audited allowed or pod.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 38-26.106 CRS, as amended.
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 terns 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,u amended,and other applicable law respecting
discrimination and unfair emplcyment practices(24-34-402.CRS 1982 Replacement Vol.),and as required by Executive Order,Equal Opportunity and Affirma-
tive Action,dated April 16. 1975.Pursuant thereto. Me following provisions shall be contained in all State contracts or sub-contracts.
During the performance of this contract,the contractor agrees as follows:
(I) 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 advertising: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 pro-
vided by the contracting officer setting forth provisions of this non-discrimination clause.
(2) 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.
(3) The contractor will send to each labor union or representative of workers with which he has collective bargaining agreement or other contract or understand-
ing,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.
(4) The contractor and labor unions will furnish all information and reports required by Executive Order,Equal Opportunity and Affirmative Action of April l6.
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.
(5) 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.
sex, national origin,or ancestry.
16) 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 dis-
criminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder,or attempt either direcily or
indirectly,to commit any act defined in this contract to be discriminatory.
395-53-01-1022
Revised 1/88 page of pages
9.101.92
Forts 6-AC-02C
(7) In the event of the contractor's non-compliance with the non-discrimination clauses of this contractor or with any of such rules,regulations.or orders,this
contract may be cancelled,terminated or suspended in whole or in part and the contractor may be declared ineligible for further State contracts tn accordance
with procedures,authorized in Executive Order,Equal Opportunity and Affirmative Action of April 16,1975 and the rules,re
in accordance therewith,and such other sanctions as may bereOrder,gulations. q al p oromulyatnd
Affirmanve Action of regulations, or and remedies mu as may be invoked therewitdedh.
in Executive wis p Equal Opportunity and
April 16, t973,or by rules, or orders promulgated in accordance therewith,or u otherwise provided by law.
(8) The conracTorwin ischede
the Pr Exeons of
ParaeraPh Order, (I)through(8)in every sub-contract and subcontractor purchase order unless exempted by rules.
regulations,or orders issued Equal Oppomnity.and Affirmative Action of April 16.1975,so that such provisions
will
upon each subcontractor The contractor will take such action with respect to any subcontracting or purchase order as the contractingagency may
direct.u a means of enforcing such provisions,including sanctions for noncompliance;provided,however,that in the event the contractor becomes involved
in,era threatened with,litigation with the subcontractor or vendor as a result of such direction by the contracting agency,the contractor ma "d Colorado to enter into such litigation to protect the interest of the State of Colorado. Y request the State
COLORADO LABOR PREFERENCE
6a. Provisions of 8.17-101 tk 102.CRS for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereun-
der and are financed in whole or in pan by State funds.
b. Whenconstruction 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 a state or foreign many 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 deter-
mined by the officer responsible for awarding the bid that compliance with this subsection.06 may cause denial of federal funds which would otherwise be avail-
able or would otherwise be inconsistent with requnemenu 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(section 8-19-101 and 102, CRS). '
GENERAL . .
7. The laws of the State of Colorado and rules and regulations iauedyursuant thereto shall be applied in the interpretation,execution and enforcement of this
contract.Any provision of this contract whether or nee 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 nu:ports'to negate this or any other special provision in whole or in pan shall be valid or enforceable or available in any action a law whether by
way of complaint,defense orothewise:My provision rendered null and void by the operation o(this provision will not invalidate the remainder of this contract to
the extent that the contract is capable of execution. •
B. At all a�during the performance of this fact,the Contractor shall strictly adhere to all applicable federal and state laws.rules and regulations that
•
have been mry hereafter be ertablished.
9•The signatories hereto averthu they are familiar with 18-8-301,et.seq.,(Bribery and Corrupt Influences)and 18-8-401.et.seq.,(Abuse of Public Office).
CRS 1978 Replacement Vol., and tr:at no violator of such provisions is present.- 10. The signatories aver that to their knowledge, no state employee has a personal or beneficial interest whatsoever in the service or property ,_
described herein
IN WITNESS WHEREOF,the panes hereto have executed this Contract on the day first above written.' _
Contractor. ., - _
(Full Lepl Name) Weld County Health Department
, STATE OF COLORADO
—fi3£L D COUNTY BOARD OF COMMISSIONERS ROY ROMER, GOVERNOR }' U•
. B'STEtt � 9n By f�/ cz / fOr
•• Position(Tire) CHAIRMAN
01/26/94 n E a�tgcrotL - -. .._ .,
846000813 B
Steal Seamy
Ne e w Fart/ID.Nene r 'DEPARTMENT. . _•At Ct(Seal) n:) 224/12161% .. OF HEALTH • •
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(If C (Seal)
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Weld' County Hsa1thDeepar/1 sat
By
R3ElC ck" TO BOARD
APPROVALS
ATTORNEY GENERAL CONTROLLER AVON COPY
By • <,onglnal and two Copies of this
By ;act have been stgnod ray all
sate officials re tatted y law tp _
e con i
' PROGRAM APPROVAL:
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195.53.0I•1030 i W.nae Intl Pap 6 -No, ,, 6 we.
'Se'.ncnIn.au en e.•nne.pre
0." dSlO.,XX
•
n Ta ]1 co'
4 (''` mEmoRAnDum
ay Boar Webster, Chairman
Board of County Commissioners January 19, 1994
To Date
COLORADO John Pickle, Director, Weld County Health Departtment,----------
From
Spinal Cord Injury Prevention Contract
Subject:
Attached for your review is our 1994 contract with CDH Injury Prevention
Programs. The contract is for $4140.00 and runs January 1, 1994 through
September 30, 1994. These funds will be used to print and distribute the Spinal
Cord Injury Prevention project manual we developed last year.
This project is a collaborative effort of the Weld Safety Network, the Colorado
Injury Prevention Network, North Colorado Medical Center and the Health
Department's Health Promotion Program. It was piloted at senior high schools
around Weld County last year and was presented in Atlanta, Ga. in April of 1993
at the Second World Injury Prevention Conference.
We would recommend approval of this contract.
940122
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