HomeMy WebLinkAbout930538.tiff RESOLUTION
RE: APPROVE CONTRACT WITH 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 Colorado
Department of Health and the Weld County Health Department for the Tuberculosis
Outreach Program commencing April 1, 1993, and ending January 31, 1994, 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 Colorado Department of Health and
the Weld County Health Department 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 21st day of June, A.D. , 1993, nunc pro tunc
April 1, 1993.
BOARD OF COUNTY COMMISSIONERS
ATTEST: di kb
WELD COUNTY, COLORADO
Weld County Clerk to th� neee—
onstance L. Ha bert, JChair�mann
BY: 4---tige, 17 _� j'i`� �,C.F��-"�V'i( '
Deputy Clerk to the hoard W. H. ebster, Pro em
APPROVED AS TO FORM: fr rr '``-_
o ge L. Baxte
�zzv
ounty/Attorne}t Dale K. Hall
tll/�I� j `,�1iS.�(�_/J?eelriL—,
arbara J. Kirkmeye G/
930538
Il� nnii
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DEPAR,...6NT OK AGENCY NUMHtR
Form 6-AC42A (R ;/8711
• FAA
CONTRACT ROUTING NUMBER
930912
• CONTRACT
THIS CONTRACT.Made this - 1st • -day of.FE3RDAR? _ _•_, 1993 .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_-153a.. .
WELD COCKY HEALTH DEPARraNT
hereinafter referred to as the State. and _—.__--- -- --- ---- --
1517 16th Street, Greeley, Colorado 80631 __ ___-_•_.-_!,
hereinafter referred to as the contractor.
WHEREAS,authority exists in the Law and Funds have been budgeted.appropriated and otherwise rhade available and
a sufficient unencumbered balance thereof remains available for payment in Fund Number . 100
APPR . Contract Encumbrance Numb.- FAA EPI930912 ; 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 TF-EREFORE, 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 one 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-un 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-un examinations. The outreach worker shall follow the Centers for Disease
Control guidelines, and the TB Protocol Manual.
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 served, as /
required by the Centers for Disease Control and narrative report of the outreach
worker's time and 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 _6. _ pages
3454341.1014 •,5.a instructions on ,event u1Lan Part
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e) A statement of time spent by the outreach workers in tuberculosis
prevention and follow-up activities.
3. The State will, in consideration of said services by the Contractor,
cause to be paid to the Contractor a sum not to exceed FOURTEEN THOUSAND SEVEN
HUNDRED FIFTY THREE Dollars (5 14,753.00) , 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.
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4. The term of this contract is beginning April 1, 1993 and continuing
through January 31, 1994.
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Page 2 of 2 Pages
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COLORADO DEPARTMENT OF HEALTH - hereinafter, under the General Provisions referred co 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 workers-' 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 co 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 ocher amendment hereto shall have
any force or effect unless embodied in a written contract executed and approved pursuant
to the Scare 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 stare char 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) Che Davis-Bacon Act (40 Scat. 1494, Mar. 3 , 1921, Chap. 411, 40 USC
276A-276A-5) . This act requires chat all laborers and and mechanics employed by
contractors or sub-contractors co work on construction projects financed by federal
assistance must be paid wages not less than chose 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 chat no
person shall, on the grounds of race, color, national origin, age, or handicap, be
excluded from participation in or be subjected co discrimination in any program or.
activity funded, in whole or in part, by federal funds; and
Page _a- of 6 Pages
Rev. 06/01/92
GENERAL PRO'(ISION5--Page ,2 or 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 Scat. 246 - 256) ;
g) when applicable, the contractor is in compliance with the provisions of the
"Uniform Administrative Requirements for Grants and Cooperative Agreements co State and
Local Governments (Common Rule) .
6. By signing and submitting this contract the contractor states chat:
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 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 co 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
Bud_et 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 to the Health
Department Accounting Office within 30 days of their issuance, but not lacer 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 co have access to its records and financial statements as necessary, and
further agrees to retain such records and financial statements for a period0ofA re
years after the date of issuance of the audit report. This contract
contain federal funds as of the date it is signed. This requirement is in addition to
any ocher 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
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Form a-ACOZB
SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
1. This contract shall not be deemed valid until it shall have been approved by the Cantroller 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 atrmtt fiscal year are coning=upon funds for that purpose being appropriated.budgeted and otherwise
made available.
BOND REQUIREMENT •
3. If this contra=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 worts for this State.the contractor shad before entering the performance of any such work included in this
contract.duly acetate and deliver to and file with the official whose signature appears below for the State,a good and sufficient bondnrother 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 contra=. Such bond shall be duly executed by a
qualified corporate surety.conditioned for the due and faithful performance of the cona era.and in addition.shall provide that if the contractor or his subcontractors
fail to duly pay for any lacer.materials.team hire.sustenance.provisions.provender or other supplies used or consumed n the conuch tr orOr r his
su withbcontrast ctor
performance of the work contracted to be done.the surety will pay the same in an amount not exceeding the sum specsi
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 pr.id.A certified or cashier's check or a bank money order payable to the Treasurer of the Stare-of Colorado may be accepted in lieu of a
bond.This provision is in compliance with 38-26-106 CRS.as amended.
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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 art or omission by the contractor.or its employees.
agents.subcontreors.or assignees pursuant to the terms of this contract.
DISCRIIIIYATION AND AFFIRMAXSVE ACTION
5. The contractor agrees to comply with the letter and spirit of the Colorado An+ss i^'^'^^^Act of 1957.as amended and other applicable law respecting
discrimination and unfair mplcyment practices 124-34—'O2.CBS 1982 Replacement Vol).and as required by Exeesive Order.Equal Opportunity and Affirma-
tive Action.dated April 16. 1975. Pursuant thereto. the%allowing provisions shall be contained in all State contracts or si-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.rental or physical handicap.or age.The contractor willtake affirmative action to insure that applicants are employed and that employees are
mated during emploYmem.without regard to the above mentioned c.haneeristiei Such action shall include,but not be limited to the following:employment.
upgrading,demotion.or transfer.recruitment or recruitment adverusinc lay-offs or terminniann rates of pay or other forms of compensation:and selection for
training,including apprenuceship.The contractor agrees to post in conspicuous pines available to employees and applicants for employment notices to be pro-
vided by the conn=ing officer setting forth provisions of this non-discrimination clause.
12) The contractor will.in all solicitations oradvertisemens for employees placed by or on behalf of the contractor.state that all qualified applicants will receive
consideration for employment without regard to race.teed.color, national origin.sex. marital sues, 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 contractors commitment under the Execuuee
Order. Equal Opportunity and Affirmative Action.dated April 16. 1975. and of the rules. regulations,and relevant Orders of the Governor.
14) The contractor and laborunionswillfamish all information and reports required by Executive Order.Equal Opportunity and Affirmative Action of Apnl 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.
15) A labor organization will not exclude any individual otherwise qualified nom 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 wore 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 detincd in this contract to be dis-
criminatory or abstract or prevent any person from complying with the provisions of this contract or any order issued thereunden or attempt either directly or
indirectly,to comma any act defined in this contract to be discriminatory.
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395-53-01.1022
Revised (/88 5 page at 0 Sages
(g)In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules.regulations,or orders.
this contract may be canceled. 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 Opportunity and Affirmative Action of April 16. 1975 and the rules.regulations.or
orders promulgated in accordance therewith,and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order,
Equal Opportunity and Affirmative Action of April 16, 1975.or by rules,regulations.or orders promulgated in accordance therewith,or as otherwise
provided by law.
(h)The contractor will include the provisions of paragraphs(a)through(h) in every sub-contract and subcontractor purchase order unless exempted by
rules,regulations.or orders issued pursuant to Executive Order.Equal Opportunity and Affirmative mative 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 tor non-compliance;provided,however,that in the event the contractor
becomes involved in.or is threatened with,litigation-with the subcontractor orvendor as aresult 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 am applicable to this contract if public works within the State are undertaken hereunder and •
are financed in whole or in pan by State funds. -
b.When a construction contract for a public project is to be awarded to a bidder,a resident bidder shall be allowed a preference against a nor-resident bidder from
a state or foreign country equal to the preference given or required by the sate 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
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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
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
defence,or otherwise.Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contact to the extent that the
concoct 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 an 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 ever 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.
Contractor. -
(Full Legal Name) WELD 'COUNTY HEALTH DEPARTMENT STATE OF COLORADO
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ROY ROMER,GOVEROR
Weld ounty Board of Commissio rs
-/ �� G-e—> ° d.--t-Le-r—G By 7 C�C--,-- for
06/23/93 as-tractrnytmotterca
Position(Title) ' Chairman • '
846000813
ern.Nora r or Iliator DEPARTMENT
If Corporation:) OF HEALTH -
rt , cC0M= IEEL TR DEPSR
Attest(Sea l/7 O1.4.4 V 4I21.047
zi
o Board BT°
. an Gordon, 11-II., 17P_E- •
APPROVALS
ATTORNEY GENERAL '''i"dFIF., INFORPJIATiON CUP?
CONTROL r co ` orttact clnhaval andbeen twosigned copiesby °r ills
By By • lne all stale
• iuiclals require° try 14W to dppreeo
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Form 6-AC-02C .
Revised 1/93 Page �n whirl is the last of 4 page
395.53-01.1030 *See®memons on reverse side. •
PROGRAM APPROVAL: ri.
mEmORAnDUm
YIIlDConstanceC L. Harbert, Chairman
Board of County Commissioners June 14, 1993
To
Dete ( X�
COLORADO Jeannie K. Tacker, Business Manager, Weld County Health Dept.
From
TB Outreach Contract
Subject:
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 $14,753, which is an
increase of $2,686 over the prior years contract.
The term of the contract is from April 1, 1993 through January 31, 1994.
I would recommend your approval of this contract.
If you have any questions, please feel free to contact me.
9343538
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