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Home My WebLink About921127.tiff RESOLUTION RE: APPROVE IMMUNIZATION CONTRACT 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 an Immunization Contract between the Weld County Health Department and the Colorado Department of Health, commencing October 1, 1992, and ending September 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 Immunization 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 30th day of November, A.D. , 1992, nunc pro tunc October 1, 1992. -•.i .. BOARD OF COUNTY COMMISSIONERS ATTEST: PS! WELD COUNTY, COLORADO /1 ``ir�✓ucz Weld County Clerk to the Board EXCUSED 1 I Geor Kennedy, Chairman/ BY: 12-743S---z-e-/ Gz-e-/ _.. Deputy Cl k to the Board Constance L. Harbert, Pro-Tem APPROVED AS FORM: C. W. Kir y l ounty Attor ey Gor ac W. . Webs er 921127 Form 6-i."2-2014(R 1/88) DEPARTMEN . DR AGENCY NUMBER 26000--FAA CONTRACT ROUTING NUMBER 93-0753 CONTRACT THIS CONTRACT, made this 15th day of September 1992 by and between the State of Colorado for the use and benefit of the Department of Health. 4300 Chem Creek Drive South, Denver. Colorado 80222-1530 hereinafter referred to as the State, and Weld County Health Pepartment. 1517 16th Ave. Ct.. 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 unencumbered balance thereof remains available for payment in Fund Number 100 , APPR codes , Contract Encumbrance Number FAA EPI930753 ; and WHEREAS: the State has developed an Immunization Action Plan to increase and enhance availability of age-appropriate immunizations for children; and WHEREAS: in order to implement said comprehensive plan, the State has established a mechanism by which to provide supplementary support to various public health agencies; and WHEREAS: the Contractor is considered by the State to be an appropriate organization to provide these services as herein stated; 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. In cooperation with the Colorado Department of Health, the Contractor will provide services as outlined in this contract in order to increase the immunization levels of children aged two and under. 2. The State will, in consideration of said services by the Contractor, cause to be paid to the Contractor a sum not to exceed Fifty Nine Thousand Nine Hundred Ninety Six Dollars ($59.996) for the period between October 1, 1992 and September 30, 1993. Funding for subsequent funding periods will be set forth in a letter to be signed by the State and the Contractor and approved by the State Controller. The dollar amount is subject to change based on differences between estimated and actual funding appropriations and legislative approval. Reimbursement shall be conditioned upon affirmation by the State Immunization Program that services were rendered in accordance with this contract, as follows: a. Upon receipt of signed monthly statements submitted in duplicate within sixty days following the end of the month during which services were rendered, requesting reimbursement for salaries, fringe benefits and supplies, and travel. Said statements shall set forth dates, names of payees, brief description of expenditures, amounts, and total requested. Copies of invoices shall be submitted for all equipment items purchased and costing over$1,000. Reimbursement shall Page 1 of 7 Pages ly f / /j2 be conditioned upon affirmation by the State Immunization Program, that all services u . rendered in accordance with the ter of this contract. b. The Contractor will return equipment purchased through this contract if so requested by the State. An inventory number will be assigned by the State and shall be affixed to this equipment by the Contractor who will confirm this in a letter to the State. The equipment inventory is required to be verified annually. 3. By December 1, 1992, the Contractor agrees to hire a nurse and office technician to provide immunizations to children at all Weld County Health Department (WCHD) rural sites. 4. By December 15 1992, the Contractor will open a Saturday immunization clinic at WCHD in Greeley and at all rural sites. 5. By March 31, 1993, the Contractor agrees to establish two additional clinic sites in low socio-economic areas in Greeley. 6. By March 31, 1993, the Contractor agrees to review the immunization records of all children attending licensed day care homes in the county and provide vaccines to those who are not appropriately immunized. 7. By March 31, 1993 the Contractor agrees to establish a call-back system for children failing to appear for scheduled immunizations at WCHD programs. 8. The Contractor agrees to maintain internal medical and administrative records in a manner which ensures confidentiality and security and is consistent with procedures for clinical services. 9. The Contractor will provide to the State a quarterly narrative progress report which is due within fifteen days after the end of the quarter. This report shall document progress toward the goal of ensuring that 90% or more of Colorado two year olds receive all recommended immunizations. Monthly billings will not be reimbursed until such time as delinquent progress reports have been received. Time frames to be addressed are as follows: Progress Period Due Date October - December January 15 January - March April 15 April - June July 15 July - September October 15 10. The Contractor agrees that any data collection and analysis done as a result of this study will be done in collaboration with the Colorado Department of Health and the Centers for Disease Control, and that no data shall be published prior to approval by these agencies. 11. The following budget shall govern the expenditure of funds by the Contractor as well as the subsequent reimbursement by the State. Transfer of funds from one line item to another must have written approval by the State. a Personnel/Fringe $ 49,718 b Local Indirect $ 9,716 Page 2 of 7 Pages c Travel S 31". d Supplies (Office) $ 2_ TOTAL $ 59,996 12. Changes in reimbursement amounts for any of the budget periods for the above-named services in consideration of increased or decreased levels of utilization from the levels funded in the original contract, shall be made with approval of the Contractor, the State, the Immunization Program, and the State Controller as evidenced by a mutually signed Letter of Approval which shall include the following: a. Identification of contract by contract number and number of the affected paragraph; b. Type of services increased, decreased, or extended; c. Amount of increase or decrease in funding and new total for current year; d. Effective date of the funding change; e. Authorized signatures of the State, the Immunization Program, the Contractor, and the State Controller. It is understood that no change in utilization shall be made through the Letter of Approval. 13. The term of this contract is beginning October 1, 1992 and continuing through September 30, 1996. 14. Payment pursuant to this contract will be made as earned, in whole or in part, from State funds encumbered in an amount not to exceed Five Hundred Seven Thousand Two Hundred Sixty Eight Dollars ($507.268) for the purchase of disease control and prevention services. It is further understood and agreed that the maximum amount of State funds available for fiscal year 1993 for the purchase of disease control and prevention services is in the amount of Five Hundred Seven Thousand Two Hundred Sixty Eight Dollars ($507.268) or such lesser amount as may be mandated by Executive Order or legislative section. The liability of the State, at any time, shall be limited to the unencumbered amount remaining in such funds. 15. The effective date of this contract is October 1, 1992. • Page 2 of 7 Pages q Q7 GENERAL PROVI$ICNS -- ' e 1 or 2 Oa;e3 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 recuired employment taxes and income tax withholding, shall provide and keeo in force worker' s compensation land show Proof of such insurance) and unemployment compensation insurance in the amounts recuired 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 co 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 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 novacion, renewal, addition, deletion, or ocher amendment hereto shall have any force or effect unless embodied in a written contract executed and approved pursuant to the State Fiscal Rules. 5. If this contract involves the expenditure of federal funds, this contract is contingent upon continued availability of federal funds for payment pursuant to :he tarns of this agreement. Contractor also agrees to fulfill the requirmm eres of: a) Office of Management and 3udget Circulars A-87, A-21 or A-122, and A-102 or A:170, whichever is applicable; b) the ::a.^- 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 Scat. 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; 's - dl 42 USC 6101 et sec, 42 USC 2000d, 29 USC 794. These acts require that no person shall, or, 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 ?age � of 7 ?ages Rev. 06/01/9: n /i 1 f) if the contra ,or is acquiring real grope_ ; and displacing hccseholds 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 Scac. 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 (?ublic Law 100-690 Title V, Subtitle D, 41 USG 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 co 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 lacer than nine months after tae 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 ins agents co 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 attar the date of issuance of the audit report. this contract a..ue 1OO/a contain federal mounds as of the date it is stated. This requirement .s in addition to any other audit requirements contained in other paragraphs within this contract. 10. Contractor agrees co not use federal funds to satisfy federal cost sharing and matching requirements unless approved in writing by the appropriate federal agency. Page = of 7' Pages Rev. 06/01/9: Form i-AC-e23 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 constmcion,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 andsufficient 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 contras.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,provender 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 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 leter and spirit of the Colorado Antidiscrimination Act of 1957.as amended,and other applicable law respecting discrimination 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. :975. Pursuant thereto, the Allowing provisions shall 5e contained in all State contracts or sub-contracts. During the performance of this contract the contractor agrees as follows: (1) 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 empio-vmmt 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 advenisinc 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. (31 The contractorwiil send to each labor union or representative of workers with wideh he has collective bargaining aceementor other contract orunderstand- ing,notice:o 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 (6. 1975. and of the rules, regulations,and relevant Orders of the Governor. (4) The contractor and labor unions will famish all information aria reports required by Executive Order.Equal Opportunity and Affirmative Action of Ape i 16. (975.ana 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 wiil not exclude any individual otherwise qualified from full membership rights in such labor organization,or expel any such inaividuai from memoership 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) Alabor 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 pageV of pages 9- /! Form .a-ACJ.C (7) L' the event ofte ancacnr'snomxmplaace with the non-diseiminuion damn of this contractor or With any;Winds contract may be cancelled,terminated or suspended in whole or inpan and the ranging in accordance with procedures,authorised in Executive Order,Equal courses may p declared 5 and ineligible val s,,rep aSta e contracts anee may imposed m and remedies as may of April d1 pr 3 and to tx) ader, Op promulgatednitya in accordance therewith,and such other sanctions as be remedies may be invoked as provided in Executive Order. Affirmative Action of April 16. 1975, or by rules.regulations,or order promulgated in accordanceEqual Opportunity and therewith,or a otherwise provided by law. (8) Thecontracarwillincltdetheprovisionsofparagraph(1)through(8)ineverysub.eontractandsubcontractorpmchaaeaulerunlessexem)eedbyrules. regulations,or orders issued pursuant to Executive Order,Equal Opportunity and Affirmative Action of April 16,1975,so that such provisions will be upon each subcontractor or vendor.The=tractor will take such sametiom�with respect to any sub contacting or purchase order a�nuncio,awbinding direct,a a means of enorc: such non-ramplianc t provided however,that in the event the o naaemr in.or is threatened with.litigation with the subcontractor or vender as a result of such direction by the contracting r becomes involved of Colorado to enter into such lidgadm to protect the interest of the State of Colorado. g agency,the txmaaaormay egrhest the State COLORADO LABOR PREFERENCE 6a. Provisions of 8-17-1011 102.CRS for preference of Colorado labor are applicable to this contract if public works within the State an undertaken hereun- der and are financed :n whole or in part by State fluids. b. When constru,_:n eons=fer a public project is to be awarded to a bidder,a reaidem bidder shall be allowed a preference against a non-resident bidder Crum a state or ton:n=nay equal to the preference given or required by the state or fineipa 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 subseet oe.06 may cause denial of federal Nods which would otherwise be avail- able or would otherwise be incomiuent with requirements of federal law,this subsectan shall be suspended,but only to the assent necessary to prevent denial of • the moneys Of to eliminate he inconsistency with federal requirements(section 8.19-101 and 102, CRS). GENERAL. 7. The laws of the State of Colorado and rules and regulation issued pursuant thereto shall be applied in the'contract.Any provision of this contract whether or not incorporated herein by reference which uht arbitrabtion anya. extra-judicial xtr eta-mice ias aebody or person r or which S otherwise in conflict with said laws,rules andvoid.id Not io acontained nta ned in anyprovision i toady y reference whichcal p regulations shall helin considered a nth)and Nr enbr c able available i lwincorporated hethi r by purports to negate this or any other mat provision in whole or in part shall be valid or enforceable or in any action at law whether by way of complaint.defense or otherwise.Any provision rendered gull and void by the openuon of this provision will not invalidate the remainder of this contract to the extent that the mina is capable of execution.. At all times dunn g the performance have been or may hereader be establishedma Coe;the Contractor shall strictly scar to all applicable federal and state laws.rules and regulations that 9. The signature:nerero aver tat they are famtliarwith 18-8-301,et.seq.,(Bribery and Corrupt lmluencn)and 18.8-401.et.seq.,(Abuse of Public Office i CRS 1978 Replacement VoL, and that no violation of such provision is present. 10. The signatories aver that to their Mowne:Me, no star employee has a personal or beneficial interest whatsoever in the service or property describes herein: IN WITNESS WHEREOF. he parties hereto have executed this Contract on the day first above written. _: - .... Contractor. __ (Full Legal Name) Weld County Health Dept. STATE oRCOLORADO W Count Board of Commi sioners ROY ROMER. GOVERNOR oti nstance L. Harbert 611E `or Position (Title) Chairman Pro-tem '_ ouracroa 846000813B Sonw Smarm Nwnns ce Pears LA Niemen jet/0,/g� DEPARTMENT (ltCorponuore) OF HEALTH Attest (Seal) 4 J / 1 WELD COUNTY HEALTH DEPARTMENT By �.'X/t�C� '/ /'7 -'r�.fl/- s'' BY: g irl i4'xmtoaxdtx�r}acscttssstec)Lanatthrtsew.,Cme to card /�///� Randolph Gordon, M.D. , M.P.H. APPROVALS Director ATTORNEY GENERAL GALE A. NORTON coy <R , TH 6 D. FEARS .L,LIFF0RL7 ALL Assistant Attorney General General Legal Services PROGRAM APPROVAL: 191.53.01•,030 i Reined I.VD - pace 7 -teen Is we in w7-T :Yes .ell 'uma n WI melee'n. or.ia::osa.a 9— 1/- 2 7 f ''j mEmoRAnDum George Kennedy, Chairman 0 To Board of County Commissioners Date November 17, 1992 COLORADO From Jeannie K. Tacker, Business Manager, Weld County Health Dept. UtLI) SubjectImmunization Contract with Colorado Department of Health Enclosed for Board approval is a contract between the Weld County Health Department (WCHD) and the Colorado Department of Health. WCHD applied for and was awarded $59,996 to participate in a state comprehensive plan to increase and enhance the availability of age - appropriate immunizations for children. WCHD will utilize these funds to meet specific immunization goals for children in Weld County. The term of the contract shall be from October 1, 1992 through September 30, 1993. There is potential for four additional years of funding with this contract. I would recommend your approval of this contract. If you have any questions, please feel free to contact me. 921127 Hello