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Home My WebLink About920498.tiff RESOLUTION RE: APPROVE CONTRACT BETWEEN WELD COUNTY HEALTH DEPARTMENT AND COLORADO DEPARTMENT OF HEALTH FOR TUBERCULOSIS OUTREACH PROGRAM 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 between the Weld County Health Department and the Colorado Department of Health for the Tuberculosis Outreach Program, commencing July 1, 1992, and ending June 30, 1993, with the 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 between the Weld County Health Department and the Colorado Department of Health for the Tuberculosis Outreach Program 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 8th day of June, A.D. , 1992. ATTEST: PILAF BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk to the Board _ aeo e Ken dy, 'Chairma Deputy Clerk to the Board onstance L. Harbert, Pro-Tem APPROVED AS T ORM: r C. W. Kirb County At orney Gor . L y W. H. Webster 920498 - - -- - DEPARTMENT OR AGENCY NUMBER Finn 6•AC42A IR 1/all FAA CONTRACT ROUTING NUMBER • • CONTRACT THIS CONTRACT.Made this 1 s t day of APRIL 199 2 by and between the State of Colorado for the use and benefit of the Department of" HEALTH 4210 East 11th Avenue, Denver, Colorado 80220 hereinafter referred to as the State: and ' 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 . 1 00 APPR 363 , Contract Encumbrance Number FAA EPI920964 ; and WHEREAS, required approval clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS," The State has been awarded funding by the Department of Health and Human Services to conduct a Tuberculosis Outreach Program in the Weld County area in order to reduce reported TB cases; and WHEREAS, The Contractor is considered by the State to have the necessary expertise, facilities and personnel 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 will, through the services of a half-time outreach worker, conduct an outreach program to contact tuberculosis patients to ensure that the patients receive the information and education needed to facilitate their own care. The outreach worker shall be bilingual and will follow-up TB patients and those on preventive treatment treated in the Contractor's TB clinic and by other area facilities to ensure that patients complete their chemotherapy and all follow-up examinations. The. outreach worker shall follow the Center for Disease Control guidelines, the Tuberculosis Protocol Manual, and DGH TB Update or National Jewish Hospital TB Course when available. 2. Quarterly reports shall be filed with the TB Control Program of the State Health Department relating to skin testing, active tuberculosis cases treated, persons placed on preventive treatment and populations (ethnic) served, as required by the Centers for Disease Control and narrative report of the outreach worker activities must be submitted semi-annually and shall include: a) A statement of progress in meeting the agreement objective. b) A statement of any difficulties or special problems encountered in meeting the agreement objectives. c) A statement of action plans designed to overcome or address difficulties and problems. d) A statement of populations served and the special needs of those populations which have been met through the agreement, non- compliant patients, children, foreign-born, etc. Page I of . - pages aa//'}�� •4/s••ry�y� 395-57OI.1014 9 See ,nvucoun.In re.cne W lass page) 9--049`- 3. The State will, in consideration of said services by the Contractor, cause to be paid to the Contractor a sum not to exceed TWELVE THOUSAND SIXTY SEVEN Dollars ( $ 12,067.001 , in the following manner: Reimbursement shall be made upon receipt of signed monthly statements, submitted in duplicate, requesting reimbursement for salaries. Said statements shall list names of payees, dates amounts and a brief description of payment. Reimbursement shall be contingent upon affirmation by the State of full and satisfactory compliance with the terms of this contract. 4. The term of this contract is beginning April 1, 1992 and continuing through March 31, 1993. Page 2 of 5 Pages 920495 . COLORADO DEPARTMENT OF HEA..TH — hereinafter, under the General Provisions referred to as "Health". GENERAL PROVISIONS 1. The parties of this contract intend that the relationship between them contemplated by this contract is that of employer-independent contractor. No agent, employee or servant of Contractor shall be or shall be deemed to be an employee, agent or servant of Health. Contractor will be solely and entirely responsible for its acts and the acts of its agents, employees, servants and subcontractors during the performance of this contract. 2. At all times during the performance of this contract, the Contractor shall strictly adhere to all applicable federal and state laws that have been or may hereafter be established. 3. Contractor authorizes Health to perform audits and to make inspections for the purpose of evaluating performance under this contract. 4. 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. 5. 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. Yo 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. 6. 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 Office of Management and Budget Circulars A-87 and A-102 or A-110, whichever is applicable. 7. To be cpnsidered for payment, billings for reimbursement pursuant to this contract must be received within 60 days after the period for which reimbursement is being requested and final billings on the contract must be received by the State Health Department within 60 days after the end of the contract term. 8. If applicable, Local Match is to be submitted on the monthly reimbursement 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. 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. 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 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. If applicable, 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 3 of 5 Pages Rev. 06/06/88 920493 Form fl-AC-02B 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 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,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,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 pied.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 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 unfairemplcyment 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. the 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;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 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 contractor 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 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. • (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. (6) 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 directly or indirectly, to commit any act defined in this contract to be discriminatory. 395-53-01-1022 Revised 1/88 page _4 of . 5 pages ,, 920499 • • Form 6-AC-02C (7) In the event tithe contractor's non-compliance with the nondiscrimination 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 pan and the contractor may be declared ineligible for further State contracts in accordance with procedures,authorized in Executive Order.Equal Opporomity and Affirmative Action of April 16,1975 and the rules.regulations,or orders promulgated in accordance therewith.and such other:ancient as may be impaled and remedies a may be invoked as provided in Executive Order,Equal Opportunity and A shine ire Aaiun of April 16, 1975,or by rules,muletions,or at promulgated in accordance therewith, or as otherwise provided by law. (8) The asatraaorwill include the provisions of paragraph(I)thrmgh(8)in every sub-contract and subcontractor purchase order unless exempted by rules. regulation,orordm issued pursuant to Executive Order,Equal Opportunity and Affirmative Action ofApril 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-contacting or purchase order as the contracting agency may direct,as a means of enforcing such provisions,including sanctions for con-compliance;provided,however,that in the event the contractor becomes involved in.or is threatened with;litigation with the subomhaaor or vendor as a rusk dsuch 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 8-17-101&102,CRS for preference ofColorado labor an applicable to this contract it public works within the State are undertaken hereun- der and are financed in whole or in pan by State funds. b. When 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 a state or foreign gantry equal to the preference given or required by the sate or foreign gantry 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 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(section 8-19-101 and 102, CRS). GENERAL 7. The laws tithe 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.defense or otherwise.Any provision rendered null and void by the operation ofthis 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 heeeafter be established. 9. The signatories hereto aver that 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 that no violation 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 parties hereto have executed this Contract on the day first above written. Cmracmr. WELD COUNTY HEALTH DEPARTMENT (Full Legal pme)WE D COUNTY BOARD OF COMMISSIONERS STATE OF COLORADO ROY ROMER, GOVERNOR / GEORGE KENNEDY By �L i Gat..c_ h- for '5 EXECLRIS'E D*SECTOR. Position aide) CHAIRMAN 846000813 B Seas w weed or FOSS La we 0(,)�/5I9i_- DEPARTMENT (If Corporation:) �64t• �. t fr ' OF HEALTH Attest(Seal) ��1✓f�G242t-:. i WELD COUNTY HEALTH DEPARTMENT By iI V. By: /�'l �<� caswee�✓` :tramming,re.eccn/Ca+r Oat TO BOARD • Rando1 Gordon, M.D., M.P.R. Director APPROVALS . . • wTTORNE GENERAL,,,, CONTRO w J 1 . HALL 6 Byb p.. -0By , BAs - RS PROGRAM APPROVAL: AZ,zizezcy/ Paw 5.e.ee a w wu a 5 paws Q� /w/�. 195-33Ol.ror0 Mensal 10111) e r 'See nnapw J a,mane Ws. Vt19® 9.4 o-:303,.g � } rEmoRAnDut George Kennedy, Chairman O Board of County Commissioners Date y" To �i� 3942 COLORADO From e • TO THE BOARD Subject: TB Outreach Contract Enclosed for Board approval is a contract between the Weld County Health Department and the Colorado Department of Health for the Tuberculosis(TB) Outreach Program. The Health Department will provide the services of an outreach worker to contact TB patients and provide education and information necessary to the patients. Follow-up will be done with the patients to assure that they begin and continue their preventive treatment. For these services the Health Department will receive $12,067.00, which is an increase of $179.00 over the prior year's contract. The term of the contract shall be from July 1, 1992 through June 30, 1993. If you have any questions, please feel free to contact me. 920498 l� Laois Hello