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Home My WebLink About940332.tiff RESOLUTION RE: APPROVE AMENDMENT #1 TO FAMILY PLANNING CONTRACT BETWEEN COLORADO DEPARTMENT OF HEALTH AND HEALTH DEPARTMENT 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 Amendment lit to the Family Planning Contract between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Health Department, and the Colorado Department of Health, effective March 10, 1994, with further terms and conditions being as stated in said amendment, and WHEREAS, after review, the Board deems it advisable to approve said amendment, 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 Amendment #1 to the Family Planning Contract between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Health Department, and the Colorado Department of Health be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said amendment. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 6th day of April, A.D. , 1994, nunc pro tunc March 10, 1994. Pdadigi BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, OLORADO Weld County Clerk to the Board G /(My- lq ster, hai man BY: //// W. H. ebster,' - - ' Deputy Clerk to the Bo a . Hall, r Tem APPROVED AS TO FORM: �'-�� C� A �� h Geeoo g .. Baxter � County ttorne Con tance L. Harbert L. Harbert arbara J. Kirkmey r 940332 i1 nnnn eC : /'/L5 S774 Department or Agency Number FAA Contract Routing Number 941612 AMENDMENT # 1 - THIS CONTRACT, made this 10th day of March 1924. by and between the State of Colorado for the use and benefit of the Department of Health , 4300 Cherry Creek Drive South, hereinafter referred to as the State and Weld County Health Department, 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 , APP code 625 , Contract Encumbrance Number FPP940088 and; WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies: and WHEREAS, the State has entered into an agreement with the Contractor to provide services to the Family Planning Program; and WHEREAS, it is the intention of the parties to amend and increase the original contract FPP940088 by Two thousand four hundred dollars ($2.400) to a new total of One hundred seventy-four thousand five hundred seventy-three Dollars ($174 .573) to provide for Osteoporosis Intervention. 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. Consideration for this amendment to the original agreement consists of the payments which shall be made pursuant to this agreement and the promises and agreements herein set forth. 2. It is expressly agreed by the parties that this contract is supplemental to the original agreement FPP940088, date 7/1/93, hereinafter referred to as the original contract, which is by this reference made a part hereof as Attchment F, and all the terms, conditions, and provisions thereof, unless specifically modified herein, are to apply to this contract and are made part of this contract as though they were expressly rewritten, incorporated and included herein. 3. It is agreed that the original contract FPP940088 between the State of Colorado for the use and benefit of the Department of Health and Weld County Health Department shall be, and is hereby modified, altered, and changed in the following respects only: Page 1 of pages 946►332 /1GOG2 6 By changing the period in line 10 of paragraph 6 to a comma and adding "and Two thousand four hundred dollars ($2400) to provide osteoporosis services to 300 patients. " By striking from paragraph 6, line 20, the sum of One hundred seventy-two thousand one hundred seventy three dollars ($172, 173.00) and replacing it with One hundred seventy-four thousand five hundred seventy-three dollars ($174,573) . By adding to the original contract FPP940088, paragraph 6 h as follows: Contractor agrees to implement the Colorado Department of Health Women's Health/Prevention Program's Osteoporosis Project. This includes: randomly assigning 300 contraceptive pill patients to one of three groups, providing pre and post test, giving educational pamphlets and doing counseling intervention as appropriate. Contractor will be paid $8. 00 per patient for a total of Two thousand four hundred dollars ($2,400) . 4 . The effective date of this amendment is March 10, 1994 . 5. In the event of any conflict, inconsistency or incongruity between the provisions of this amendment and any of this provisions of the original contract, the provisions of this amendment shall in all respects govern and control. a� I/ SPECIAL PROVISIONS CONTROLLER'S APPROVAL I.This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate.This provision is applicable to any contract involving the payment of money by the State. FUND AVAILABILITY 2.Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated,budgeted. and otherwise made available. • BOND REQUIREMENT 3.If this contract involves the payment of more than fifty thousand dollars for the construction,erection,repair,maintenance,or improvement of any building, road,bridge,viaduct,tunnel-excavation or other public work for this State.the contractor shall,before entering upon the performance of any such work included in this contract,duly execute and deliver to the State official who will sign the contract,a good andsufficient bond or other acceptable surety to be approved by said official in a penil sum not less than one-half of the total amount payable by the terms of this contract.Such bond shall be duly executed by a qualified corporate surety conditioned upon the faithful performance of the contract and in addition,shall provide that if the contractor or his subcontractors fail to duly pay for any labor,materials,team hire,sustenance,provisions,provendor or other supplies used or consumed by such contractor or his subcontractor in performance of the work contracted to be done or fails to pay any person who supplies rental machinery,tools,or equipment in the prosecution of the work the surety will pay the same in an amount not exceeding the sum specified in the bond,together with interest at the rate of eight per cent per annum.Unless such bond is executed,delivered and filed,no claim in favor of the contractor arising under such contract shall be audited,allowed or paid.A certified or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond.This provision is in compliance with CRS 38-26-106. INDEMNIFICATION 4.To the extent authorized by law,the contractor shall indemnify. save,and hold harmless the State, its employees and agents, against any and all claims, damages,liability and court awards including costs,expenses,and attorney fees incurred as a result of any act or omission by the contractor,or its employees. agents,subcontractors,or assignees pursuant to the terms of this contract. DISCRIMINATION AND AFFIRMATIVE ACTION 5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended- and other applicable law respecting discrimination and unfair employment practices(CRS 24-34-402).and as required by Executive Order,Equal Opportunity and Affirmative Action,dated April 16. 1975.Pursuant thereto,the following provisions shall be contained in all State contracts or sub-contracts. During the performance of this contract,the contractor agrees as follows: • • (a)The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, marital status-religion,ancestry,mental or physical handicap,or age.The contractor will take affirmative action to insure that applicants are employed.and that employees are treated during employment,without regard to the above mentioned characteristics.Such action shall include,but not be limited to the following: employment upgrading,demotion,or transfer,recruitment or recruitment advcrtisings; lay-offs or terminations;rates of pay or other forms of compensation;and selection for training,including apprenticeship.The contractor agrees to post in conspicuous places,available to employees and applicants for employment, notices to be provided by the contracting officer setting forth provisions of this non-discrimination clause. (b)The contractor will,in all solicitations or advertisements for employees placed by or on behalf of the contractor,state that all qualified applicants will receive consideration for employment without regard to race,creed,color,national origin,sex,marital status,religion,ancestry,mental or physical handicap, or age. (c)The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding,notice to be provided by the contracting officer,advising the labor union or workers'representative of the contractor's commitment under the Executive Order.Equal Opportunity and Affirmative Action,dated April 16. 1975,and of the rules,regulations,and relevant Orders of the Governor. (d)The contractor and labor unions will furnish all information and reports required by Executive Order,Equal Opportunity and Affirmative Action of April 16, 1975. and by the rules.regulations and Orders of the Governor,or pursuant thereto,and will permit access to his books,records,and accounts by the contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules,regulations and orders. (e)A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization,or expel any such individual from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity because of see,creed,color. sex,national origin,or ancestry: (f)A labor organization,or the employees or members thereof will not aid,abet,incite,compel or coerce the doing of any act defined in this contract to be discriminatory or obstruct or prevent any person from complying with the provisions of this contractor any order issued thereunder;or attempt,either directly or indirectly,to commit any act defined in this contract to be discriminatory. Form 6-AC-02B Revised 1/93 395-53-01-1022 page_ of 4 pages • r's iance with the rimination s. t(g)hisicontractemayf the be canceled,oterm terminated orlsuspend d in whole or in pan e the clauses contractor may be decla with red ineligible for rules, further State contracts accordance with procedures.authorized in Executive Order.Equal Opportunity and Affirmative Action of April 16. 1975 and the rules.regulations,or sed and remedies as may be er. E Opportunity in accordance therewith,and and Affirmative Action of Aprilh other sanctions as 16. 1975,or by rules regulations,y bc o or orders promulgated innvoked as provided in accordao a therewith,or asotherwise se Equal Oppo Y provided by law. (h)The contractor will include the provisions of paragraphs(a)through(h)in every b- ontrr[ <act and Ac iu a bof t ct r6, 1chassorder unless i mpted e wby rules.regulations,or orders issued pursuant to Executive Order.Eq n Oppo Y ared Affirmative ill e be binding upon each subcontractor or vendor.The contractor will take such action with respect to any sub-contractingeor purchase r,that in the event as Chet contractor agency may direct,as a means of enforcing such provisions,including sanctions for non-compliance:provided. becomes involved in.or is threatened with,litigation,with the subcontractor or vendor as a result of such direction by the contracting agency,the contractor may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado. COLORADO LABOR PREFERENCE • 6a.Provisions of CRS 8-17-101 & 102 for preference of Colorado labor arc applicable to this contract if public works within the State are undertaken hereunder and are financed in whole or in part by State funds. b.When a cons:diction 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 determined by the officer responsible for awarding the bid that compliance with this subsection.06 may cause denial of federal funds'which would otherwise be available or would 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(CRS 8-19-101 and 102) GENERAL • ' 7.The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the nterpretation,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 orenforeeable or available in any action at law whether by way of complaint. defence,or otherwise.Any provision rendered nu0 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 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 hereafter be established. 9.The signatories aver that they are familiar with CRS 18-8-301,et.seq..(Bribery and Corrupt Influences)and CRS 18-8-401.et.seq..(Abuse of Public Office). and that no violation of such provisions is present. . 10.The signatories aver that to their knowledge,no state employee has any personal or beneficial interest whatsoever in the service or property described herein: IN WITNESS WHEREOF,the parties hereto have executed this Contract on the day first above written. Connector: (Full Legal Name) Weld County Health Department STATE OF COLORADO - ROY ROMER,GOVERNO WELD CJ UNTY BOA OF COMMISSI NER By �C..(_ / 'L-L.¢"._ �, for W 4/11/94 ex vE)tRECfOR W. H. BS R CHAIRMAN Petition(Tide) 846000813 sod e�ca(rityy'ANdnberor nlID. umber - DEPARTMENT HEALTH If • Corporation:) // / . OF Attest(Seal) ' , ` Weld County Health Department By LiI/(�[1/ ��-2!7 S i may Clem erg ]¢ ° TO BOARD r___ ....._644:::22..c.• APPROVALS ATTORNEY GENERAL CONTROLLER VERIFIED INFORMATION COPY By By This original-and two copies of this contract have been signed by all state officials required b law to . approve r Formed 1/932C Page _Ls__ which is the last of1� pages r ... 39Si53- 01.1 'See instructions on reverse side. J/ 395-s>of•lo3o PROGRAM APPROVAL; 2.1,-,1(41.. _lt/C,CGtc/(K`/Z-( 7- 44f3:'u7 , , mEmoRAnDum To Bill Webster, Chairman Board of County Commissioners pa1e March 31. 1994 COLORADO From John Pickle, Director, Weld County Health Departme� Subject: Revision to Family Planning Contract Attached for your review is a copy of a revision to our Family Planning contract. This revision provides funding to implement an Osteoporosis Education project. The Family Planning Clinics are a good opportunity for dissemination of information on this health problem. We would appreciate your approval of this revision. 940332 Hello