HomeMy WebLinkAbout921187.tiff RESOLUTION
RE: APPROVE CONTRACT WITH COLORADO DEPARTMENT OF HEALTH FOR SPECIAL INJURY
PREVENTION PROJECT 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, for a special injury
prevention project, between the Weld County Health Department and the Colorado
Department of Health, commencing November 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 Contract, for a special injury prevention project,
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 21st day of December, A.D. , 1992, nunc pro
tunc November 1, 1992.
�� 'In „ ' BOARD OF COUNTY COMMISSIONERS
ATTEST: �.A6 7 WELD COUNT , COLORADO
Weld County Clerk to the Board ��/
ear )? Kenne y, Chairman
BY: t `' _ r
Deputy Clerg to the Board Constance L. Harbert, Pro-Tem
APPROVED AS FORM:
C. W. Kirby
// /
County Attorney Gord & a
�P'L-�
W. H ebster
921187
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Frme.ACd1A (P ,tsi DEPARTMENT OR AGE.N( V NUMhtR /a.-)
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CONTRACT ROUTING NUMBER
930780
CONTRACT
THIS CONTRACT. Made this 3rd day of November 199 2 .by and bct..ccn
the State of Colorado for the use and benefit of the Department of'' HEALTH
4300 Cherry Creek Drive South, Denver, CO 80222-1530
hereinafter referred to as the State, and '' Weld County Health Department
1517 16th Avenue Court, Greeley, CO 80631
hereinafter referred to as the contractor.
WHEREAS,authority exists in the Law and Funds have been budgeted,appropriated and otherwise made a.ailabic and
a sufficient unencumbered balance thereof remains available for pa ment in Fund Number 100
APPIZ 367 Contract Encumbrance Number FAAPPG930780 ; and
WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate
agencies; and
WHEREAS, " the State has charged the Department of Health with
developing and maintaining a system for monitoring chronic disease,
determining the epidemiology thereof, and establishing programs
which promote the public's health; and
WHEREAS, the State has entered into a statewide demonstration
project for the prevention of injury; and
WHEREAS, the Contractor has special knowledge in injury prevention
and will expand the High School Teen Driving Safety Education
Program to other high schools in Weld County; and
NOW, THEREFORE, it is hereby agreed that for and in consideration
of mutual promises to each other, hereinafter stated, the parties
agree to the contract described as follows:
1. The Contractor agrees to:
From November 1, 1992 to September 30, 1993 :
-expand the High School Teen Driving Safety Education
Program to 3 additional high schools in Weld County by
May 1993 .
-incorporate a variety of educational and participatory
activities targeted to a teen population. These
activities will include working with local businesses
and community leaders to promote SCI prevention in their
organizations developing a packet of materials for teens
to integrate into their schools.
Page I of . 6 _ pages
- J9J•SJ-0I-IOU YSe inatruaims.n rt me of last paeco
921187
-conduct an impact evaluation in each school using seat
belt observational surveys before and after the
intervention. Student evaluations of the program will
also be completed by May 30, 1993 and results will be
reported to the Colorado Department of Health.
-incorporate student involvement in the planning and
implementation stages at each school and in continuing
efforts in the schools.
11. The State will:
In consideration of said services by the Contractor,
cause to be paid to the contractor a sum not to exceed
five thousand dollars ($5, 000) in the following manner:
-Upon receipt of signed statement, submitted in duplicate
and requesting reimbursement of services rendered, on
the following dates: March 31, 1993 ; June 30, 1993;
September 30, 1993 ; and
-Statements to be sent to:
Colorado Department of Health
Injury Prevention Program, PPD-IP-A5
4300 Cherry Creek Drive South
Denver, CO 80222-1530; and
-Conditioned upon affirmation by the State 's Injury
Prevention Program that all services were rendered in
accordance with the terms of this contract.
111. The term of this contract shall be November 1, 1992 throuah
September 30, 1993 .
921187
Page 2 of 6 pages
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, to 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 other
party thirty days notice by registered mail, return receipt requested. If notice is so
given, this agreement shall terminate on the expiration of the thirty days, and the
liability of the parties hereunder for the further performance of the terms of this
agreement shall thereupon cease, but the parties shall not be relieved of the duty to
perform their obligations up to the date of termination.
4. This agreement is intended as the complete integration of all understandings
between the parties. No prior or contemporaneous addition, deletion, or other amendment
hereto shall have any force or effect whatsoever, unless embodied herein in writing. 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
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 the
terms of this agreement. Contractor also agrees to 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 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 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
9218
' .Rev. 06/01/92
GENERAL PROV SIONS--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; and
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 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 later than nine
months after the end of Contractor's fiscal year. Contractor agrees to take appropriate
corrective action within six months of the report's issuance in instances of
noncompliance with federal laws and regulations. Contractor agrees to permit Health or
its agents to have access to its records and financial statements as necessary, and
further agrees to retain such records and financial statements for a period of three
years after the date of issuance of the audit report. This contract does
contain federal funds as of the date it is signed. This requirement is in addition to
any other audit requirements contained in other paragraphs within this contract.
10. 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
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Rev. 06/01/92 921187
Form SAC-028
SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
I. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate.This
provision is applicable to any contract involving the payment of money by the State.
•
FUND AVAILABILITY
2. Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated budgeted and otherwise
made available.
BOND REQUIREMENT
3. If this contract involves the payment of more than fifty thousand dollars for the construction,erection,repair,maintenance,or improvement of any building,
road,bridge,viaduct,tunnel,excavation or other public works for this State,the contractor shall,before entering the performance of any such work included in this
contract,duly execute and deliver to and file with the official whose signature appears below for the State,a good and sufficient bond or other acceptable surety to be
approved by said official in a penal sum not less than one-half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a
qualified corporate surety,conditioned for the due and faithful performance of the contract,and in addition,shall provide that if the contractor or his subcontractors
fail to duly pay for any labor,materials,team hire,sustenance,provisions,provendor or other supplies used or consumed by such contractor or his subcontractor in
performance of the work contracted to be done,the surety will pay the same in an amount not exceeding the sum specified in the bond,together with interest at the
rate of eight per cent per annum.Unless such bond,when so required,is executed,delivered and filed,no claim in favor of the contractor arising under this contract
shall be audited,allowed or p:id.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 agentss, 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 emplcyment practices(24-34-402.CRS 1982 Replacement Vol.),and as required by Executive Order.Equal Opportunity and Affirma-
tive Action,dated April 16. 1975. Pursuant thereto, the following provisions shall be contained in all State contracts or sub-contracts.
During the performance of this contract. the contractor agrees as follows:
(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 employment,without regard to the above mentioned characteristics.Such actian 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.
12) 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 willfumish all information and reports required by Executive Order,Equal Opportunity and Affirmative Action ofApnl 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.
(S) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labororganization,or expel any such individual
from membership in such labor organization or discriminate against any of its members in the hill enjoyment of work opportunity,because of race.creed.color.
sex, national origin,or ancestry.
(6) A labor organization,or the employees or members thereof will not aid,abet,incite,compel or coerce the doing of any act defined in this contract to be dis-
criminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder.or attempt either directly or
indirectly, to commit any act defined in this contract to be discriminatory.
395-53-01-1022
Revised 1/88 page -L of_6_
a Pages
u :1O413,Ail
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921187
Form 6-AC-02C
(7) In the event of the contractor's non-compliance with the nee-discrimination clauses of this contractor or with any of such rules,regulations,or orders-[.his
contract may be cancelled,terminated or suspended in whole or in par and the entractes may be declared ineligible for further Slate contracts in accordance
with procedures,authorized in Executive Order.Equal Opportunity and Affirmative Action of April 16.1975 and the odes.regulations,or orders promulgated
in accordece therewith,and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order,Equal y and
Affirmative Action of April 16, 1975. or by mks,regulations. or orders promulgated in accordance therewith,or as otherwise provided by O�law.
rtunity and
(8) The contractor will include the provisions of paragraph(1)through(8)in every sub-contract and subcontractor purchase ceder unless exempted by cults.
regulations.or otters issued pursuant to Executive Order.Equal Opportunity and Affirmative Action of April 16.1975.so that such provisions will be bindin g
upon each subcontractor or vendor.The contractor will take such action with respect to any sub<°etracting or purchase order as the contracting agency may
direct,as a means of enforcing such proration,including sanctions for non-compliance;provided,however,that in the even the contractor becomes involved
in.or is threatened with.litigation with the submncaaor orvender 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 Stare of Colorado.
COLORADO LABOR PREFERENCE
6a. Provisions of 8.17-101 a 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 sate 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 awaiting 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 Sum of Colorado and rules and regulation issued pursuant thereto shall be applied in the interpreation,execution and enforcement of this
contract.Any provision of this contract whether or cox incorperamd herein by reference which provide for arbitration by any en-judicial body or person or
which is otherwise in conflict with said laws,rules and regulations shall be considered null and void.Nothing contained in any provision incorporated herein by
reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by
way of complaint.defense or otherwise.Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract co
the extent that the contract is capable of execution.
8. Az all does during the performance of this Contract,the Contractor shaft strictly adhere to all applicable federal and state laws,rules and regulations that
have been or may hereafter be established.
9.CRS The
ignores hereto aver that they are familiar with 184-301,et.seq.,(Bribery and Corrupt Influences)and 18-8-401,et,seq.,(Abuse of Public Office),
Replacement Vol., and that no violation of such provisions is present.
10. The signatories aver that to their imovledge, no sate employee has a personal or beneadel interest whatsoever in the service or property
described herds
DV WITNESS WHEREOF,the parties hereto have executed this Contract on the day first above written.
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Contractor. Weld County Health Department
(Full Legal Name) WELD COUNTY BOARD OF STATE OF COLORADO
COMMISSIONERS ROY ROMER, GOVERNOR
BY for
/23/92 9EXECUTIVEDIREC00.
Position(Tide) CHAIRMAN
846OOO813 B
Seas s.:wnr N.e or Fein LD.Noe DEPARTMENT
atCorporanon.) OF HEALTH
l% ‘. •
Attest (Seal) /�-*lii); - , WELD COUNTY HEALTH DEPARTMENT
/ � LAt%i2ue ;� (a..(4(54
Carona"•Q„ Randolph Gordon. K.D., M.P.H.
Director
APPROVALS
ATTORNEY GENERAL CONTROLLER
BY
BY
PROGRAM APPROVAL: lek.gitdda
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rzal.. o SOLE SOURCE PURCHASE REQUEST
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# G7 * COLORADO DIVISION OF PURCHASING •
(FOR USE BY ALL AGENCIES '& INSTITUTIONS)
Sole Source Procurement is an option' if a purchase requirement is
reasonably available only from a single vendor or if it otherwise
qualifies under Code of Colorado ' Regulations, ICCR101-9 . See
reverse side of this form for text of this rule.
ATTACH THIS COMPLETED FORM TO YOUR PURCHASE REQUISITION WHEN
SUBMITTING A REQUEST FOR SOLE SOURCE PURCHASE BY PURCHASE ORDER.
IF PURCHASE IS TO BE MADE BY AN AGENCY CONTRACT, SUBMIT THIS FORM
FOR PRIOR APPROVAL BEFORE CONTRACT NEGOTIATIONS.
REQUESTING AGENCY: Department of Health, Division of Prevention
DESCRIBE SUPPLY(S) /SERVICE(S) TO BE PURCHASED:
Expand the High School Teen Driving Safety Education Program to other
high schools in Weld County.
APPROXIMATE COST: $ 5,000.00
RECOMMENDED VENDOR/CONTRACTOR: (Name & Address)
Weld County Health Department
1517 16th Avenue Court
Greeley, CO 80631
SOLE SOURCE STATUS IS DETERMINED AS FOLLOWS: (List all vendors /
contractors contacted and describe criteria used to determine sole
source status of the one recommended - - ATTACH ADDITIONAL PAGES IF
MORE SPACE IS NEEDED)
A study of motor vehicle injuries, particularly spinal cord injuries, showed
Weld County had one of the highest rates in the state, particularly among
young drivers. The Weld County Department of Health has formed a vital network
of agencies and businesses interested in injury prevention and is uniquely
able to mobilize the network into community actions. In response to concern
over the high injury rate, Weld County Health Department developed a project
to provide a comprehensive safe driving activity to a high school in Greeley. —
This contract would expand that highly successful program to other areas in the
county. Because of the community network that Weld County Health Department
has developed, they are the only agency that can accomplish the results with
the funding requested.
•
REQUESTED: APPROVED:
£l/by 'CifXt(- eO/ t\'i 1 by
Agency Signature Date State Purchasing Director Date
or Authorized Representative
DP-45-3/91 • 92118
CODE OF COLORADO REGULATIONS •
1CCR101-9 •
SOLE SOURCE PROCUREMENT
•
3-205 Conditions for Use of Sole Source Procurement
Sole source procurement is not permissible unless a requirement is
available from only a single supplier. A requirement for a
particular proprietary item does not justify a sole source
procurement if there is more than one potential bidder or offeror
for that item. The following are examples of circumstances which
could necessitate sole source procurement:
(a) where the compatibility of equipment, accessories, or
replacement parts is the paramount consideration;
(b) where a sole supplier's item is needed for trial use or
testing;
(c) where a sole supplier's item is to be procured for resale; or
(d) where public utility services are to be procured.
The Director, the head 'of a purchasing agency, or the designee of
such person, shall make a written determination that a procurement '
is sole source, setting forth the reasons. In cases of reasonable
doubt, competition should be solicited. Any request by a using
agency that a procurement be restricted to one potential contractor
shall be accompanied by an explanation as to why no other will be
suitable or acceptable to meet the need.
PLEASE NOTE: - -
Insufficient time for conducting a competitive procurement is not
a lawful reason for selecting the sole source procurement option.
92118'?
•
mEmoRAnDum
WilDe George Kennedy, Chairman
Board of County Commissioners December 14, 1992
To Date lotike/
COLORADO Jeannie K. Tacker, Business Manager, Weld County Health Dept
From
Contract with Colorado Department of Health
Subject:
Enclosed for Board approval and signature is a contract between the Weld County
Health Department and the Colorado Department of Health for a special injury
prevention project in Weld County.
The Health Department will target the teen population in three high schools in
Weld County with spinal cord injury and injury prevention educational activities.
The Health Department will be reimbursed $5,000 for the period November 1, 1992
through September 30, 1993 for the services rendered.
If you have any specific questions, please feel free to contact me.
921187
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