HomeMy WebLinkAbout920684.tiff RESOLUTION
RE: APPROVE TUBERCULOSIS CONTROL CONTRACT BETWEEN THE WELD COUNTY HEALTH
DEPARTMENT AND THE 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 tuberculosis control contract
between the Weld County Health Department and the Colorado Department of Health,
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 tuberculosis control contract between 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 27th day of July, A.D. , 1992, nunc pro tunc
July 1, 1992.
BOARD OF COUNTY COMMISSIONERS
ATTEST: �� A '� ' ihl WELD COUNTY, COLORADO
Weld County Clerk to the Boatel /C
Gee000rr a Kennedy, Chairman
BY: � � irtCy\-41,1-t. 1 ' ter c[1 �L�cco
Deputy Cler&to the Board Constance L. Harbert, Pro-Tem
APPROVED AS 0 FORM: ���
C. W. Ki
l/ it ?
ounty Attorney Gor . a y
W. H. Webste
920684
piLOCI(p Cat {l� 5i13TC
DEPARTMENT OR AGENCY NUMBER
Fnnn 6-AC-02A (ft ;AM
FAA
CONTRACT ROUTING NUMBER
93 0222
•
CONTRACT
THIS CONTRACT. Made this 1S t day of JULY 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 "1 WELD COUNTY HEALTH DEPARTMENT
151 / 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 355/361 , Contract Encumbrance Number FAA EPI930222 ; and
WHEREAS. required approval, clearance and coordination has been accomplished from and with appropriate
agencies; and
WHEREAS, •' the State, pursuant to the Tuberculosis Control Program has
implemented a plan in order to provide these health care services to the people of
Colorado; and
WHEREAS, the Contractor is considered by 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 shall, through clinic and/or home visits, provide the
following services:
a) Provide treatment following CDC/ATS Guidelines;
b) Order and administer medication;
c) Collect bacteriological specimens on all suspects and provide
sensitivities on positive Cultures for INH, Rifampin, Ethambutol,
Streptomycin and Pyrazinamide:
• d) Schedule X-rays;
e) Periodically evaluate persons with active and suspected active
tuberculosis;
f) Conduct contact investigations for newly diagnosed TB cases;
g) Provide screening and follow-up treatment, if necessary for referrals
as well as contacts of active tuberculosis cases.
2. The TB Program has a computerized data base registry for all tuberculosis
cases (active disease and infection) . The Contractor shall supply the State TB
Program with case data, in a format determined by the program, on at least a monthly
basis. The TB Program will provide instructions for data transfer.
3. Quarterly and annual reports as required by CDC (Centers for Disease
Paget of 6 pages ar O f;C7 3
345.53-0I-IOIJ al See ,muuao.m.m mrne ui IoM patel
Control) on Active cases, Bacteriological status, INH (Preventive Treatment Data,
contact investigation, i.e. , Management Reports, shall be submitted to the State TB
Program plus patients' status changes, diagnosis,' treatment, laboratory tests, x-
rays, clinic and home visits and completion or discontinuance of therapy.
4. Contractor will distinguish residents of Colorado from migrant farm workers
using the Colorado Department of Health Migrant Health Program definition of migrant
farm worker. This shall be documented on all persons for whom TB chemoprophylaxis
or treatment is provided and shall be documented on TB treatment records within one
month of the date treatment is initiated. TB medication will not be supplied unless
this information is collected and reported to the TB Control Program in the
specified time period.
5. Contractor will recommend and offer an HIV antibody test to all persons with
diagnosed TB disease, regardless of age, sex or apparent absence of risk factors for
HIV infection, and to all persons with positive (10mm or greater induration) TB skin
tests between 15-44 years of age, inclusive.
This recommendation shall be documented by the Contractor. If the patient
consents to HIV antibody testing, the contractor shall draw the blood specimen and
submit it to the State Laboratory with a submission form supplied by the TB Control
Program. Use of this submission form will fulfill the contractor's requirement to
report the results of the test to the TB Control Program and will direct the
laboratory to charge the TB Control program for performing the test. The Contractor
will nevertheless need to ensure that positive results are reported independently to
the STD/AIDS Section of the Department. The Contractor shall record the results of
the test, positive or negative, in the patient's medical record and shall be
responsible for ensuring the confidentiality of this medical record. The Contractor
shall be responsible for providing appropriate pre-and post-test counseling. The TB
Control Program will pay for counseling at a rate of $15.00 per patient tested. The
Contractor shall invoice separately for all persons to whom pre-and post-test
counseling are administered. The invoice shall be for HIV counseling only and shall
include name of patient and dates of counseling, but not test results. The funds
for HIV counseling are not included in the dollar amount in paragraph 6 of this
contract, however, a dollar amount not to exceed $570.00 will be encumbered via
a purchase order for this purpose.
6. The State will, in consideration of said services by the Contractor cause
to be paid to the Contractor a sum not to exceed THREE THOUSAND EIGHT HUNDRED
SIXTEEN Dollars (43 ,816.00 ) ,
in the following manner:
a) Upon receipt of signed monthly statements, submitted in duplicate,
requesting reimbursement. Said statements shall set forth the date, name of payee,
check numbers, amount of payment and brief descriptions of the expenditure.
b) Reimbursement shall be conditioned upon affirmation by the State
Tuberculosis Control Section that all reports were submitted and services rendered
in accordance with the terms of this contract.
7. The term of this contract is beginning July 1, 1992 and continuing through
June 30, 1993.
Page 2 of 6 pages
9.71131/4.8 I
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, co 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 ocher
party thirty days notice by registered mail, return receipt requested. If notice is so
given, this agreement shall terminate on the expiration of the thirty' days, and the
liability of the parties hereunder for the further performance of the terms of this
agreement shall thereupon cease, but the parties shall not be relieved of the duty to
perform their obligations up co the dace of termination.
4. This agreement is intended as the complete integration of all understandings
between the parties. No prior or contemporaneous addition, deletion, or ocher amendment
hereto shall have any force or effect whatsoever, unless embodied herein in writing. No
subsequent novation, renewal, addition, deletion, or other amendment hereto shall have
any force or effect unless embodied in a written contract executed and approved pursuant
co 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 co fulfill the requirements of:
a) Office of Management and Budget Circulars A-87, A-21 or A-122, and A-102 or
A-110, whichever is applicable;
b) the Hatch Act (5 USC 1501-1508) and Public Law 95-454 Section 4728. These
statutes state chat federal funds cannot be used for partisan political purposes of any
kind by any person or organization involved in the administration of 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. 06/01/92 920:s81
GENERAL PROVISIONS--Page-2 of 2 pages
e) the Americans with Disabilities Act (Public Law 101-336; 42 USC 12101, 12102,
12111 - 12117, 12131 - 12134, 12141 - 12150, 12161 - 12165, 12181 - 12189, 12201 - 12213
and 47 USC 225 and 47 USC 611.
f) if the contractor is acquiring real property and displacing households or
businesses in the performance of this contract, the contractor is in compliance with the
Uniform Relocation Assistance and Real Property Acquisition Policies Act, as amended
(Public Law 91-646, as amended and Public Law 100-17, 101 Stat. 246 - 256) ;
g) when applicable, the contractor is in compliance with the provisions of the
"Uniform Administrative Requirements for Grants and Cooperative Agreements to State and
Local Governments (Common Rule) .
6 . By signing and submitting this contract the contractor states that:
a) the contractor is in compliance with the requirements of the Drug-Free
Workplace Act (Public Law 100-690 Title V, Subtitle D, 41 USC 701 et seq. ) ;
b) the contractor is not presently debarred, suspended, proposed for debarment,
declared ineligible , or voluntarily excluded from covered transactions 'by any federal
department or agency;
7. To be considered for payment, billings for payment pursuant to this contract must
be received within 60 days after the period for which payment is being requested and
final billings on the contract must be received by Health within 60 days after the end
of the contract term.
8 . If applicable, Local Match is to be submitted on the monthly payment statements , in
the column provided, as required by the funding source.
9. If Contractor receives $25 ,000.00 or more per year in federal funds in the
aggregate from Health. Contractor agrees to have an annual audit, by an independent
certified public accountant, which meets the requirements of Office of Management and
Budget Circular A-128 or A-133 , whichever applies. If Contractor is required to submit
an annual indirect cost proposal co 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 co 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 ocher audit requirements contained in ocher paragraphs within this contract.
10. Contractor agrees co not use federal funds co satisfy federal cost sharing and
matching requirements unless approved in writing by the appropriate federal agency.
Page 6 of 6 Pages
320
Rev. 06/01/92 a `.
t
Form 6-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
1 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 tile 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 tithe 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 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 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 ail 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
discnmination and unfair employment 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 rub-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 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 famish 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 5 6 o.iasa«et
Revised 1/88 page_of_pages
92C:54
,
Form 6-AC-02C
(7) In the event of the contraanr's non-compliance with the non-discrimination clauses of this contractor or with any of such rules,regulations.or orders.:his
contract may be cancelled,[emanated 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 promulgatec
in accordance therewith,and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order,Equal Opportunity anc
Affirmative Action of April 16. 1975. or by riles, regulations, or orders promulgated in accordance therewith, or as otherwise provided by law.
(8) The contraetorwill include the provisions of paragraph(I)though(8)in every sub-contract and subcontractor purchase order unless exempted by riles.
regulations,or orders issued pursuant to Executive Order-Equal Opportunity and Affirmative Action of April 16.1975.so that such provisions will be binding
upon each subcontractor or vendor.The contractor will take such action with respect to any sub-contracting or purchase order as the contracting agency may
direct,as a means of enforcing such provisions.including sanctions for non-compliance:provided however,that in the event the contractor becomes involvec
in.or is threatened with.litigation with the subcontractor or vendor as a result of Such direction by the contracting agency,the contractor may request the State
of Colorado to enter into such litigation to protect the interest of the State of Colorado.
COLORADO LABOR PREFERENCE
6a. Provisions of 8.17-101 et. 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. 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 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 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 of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation,execution and enforcement of this
contact.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 otnerwise in conflict with said laws,rules and regulations shall be considered null and void.Nothing contained in any provision incorporated herein
reference which purports to negate this or any other special provision in whole or in pert shall be valid or enforceable or available in any action at law whetner ov
way of complaint,defense 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 dunng the performance of this Contract,the Contractor shall strictly adhere to all applicable federal and state laws,rules and regulations :hat
have been or may hereafter be established.
9. The signatones hereto aver that they are familiar with 18.8-301.err,seq.,(Bribery and Corrupt Influences)and 18-8-4O1.et.seq.-(Abuse of Public Offs
CRS 1978 Replacement Vol-. and that no violation of such provisions is present.
10. The signatones aver that to their knowledge, no state employee has a personal or beneficial interest whatsoever in the service or property
described hems
IN WITNESS WHEREOF. the parties hereto have executed this Contract on the day first above written.
•
Contractor. WELD COUNTY HEALTH DEPARTMENT
(Full Legal Name) STATE of COLORADO
ROY ROMER, GOVERNOR
L�s�9— - � eyewa `I for
-51 DIRECTOR
Position(Tide)
84—600081 3
Social Scanty ming err Fauna ID. Phew DEPARTMENT
°��g/ya OF HEALTH
(If Corporation:)
Atat (Seal) iz4jJ7 WELD CO HEALTH DEPARTMENT
By A iC
_ BY: � �
Cant Seenean,>Eas w Eaves..ToaCuyrC Clan Randolph rdon, M.D. , M.P.H.
Director
APPROVALS
ATTORN CONTROLLE%RJ/^�./-y.
By . _ - By
PROGRAM APPROVAL:
6 6 �..
a -.�
Pew _nice i.we last win /Loa -�,y
395 1341.1030 IRe.nea Heel 'SR Inun,celwn on reverse wk. DC
mEmORAnDUm
George Kennedy, Chairman
Board of County Commissioners July 23, 1992 !
0 To Date
COLORADO Jeannie K. Tacker, Business Manager, Weld County Health Dept..
From
Tuberculosis Control Contract
Subject:
Enclosed for Board approval is a contract between the Weld County Health
Department and the Colorado Department for the Tuberculosis Control Program.
The Weld County Health Department provides surveillance and containment of
tuberculosis cases in Weld County and promotes prevention of the disease in non-
infected individuals. The Department monitors compliance of drug regimens,
coordinates contact investigations and provides clinical and social management
of patients and their contacts.
For these services the Health Department will be reimbursed a maximum of
$4,386.00. This includes a base amount of $3,816.00 and an additional $15.00 per
patient tested for the HIV antibody when they have had a positive TB skin test
(the maximum amount to be reimbursed for the testing is $570.00) .
The term of this contract shall be from July 1, 1992 through June 30, 1993.
If you have any questions, please feel free to contact me.
920684
Hello