HomeMy WebLinkAbout941294 RESOLUTION
RE: APPROVE AMENDMENT NO. 1 TO HIV COUNSELING AND TESTING SERVICE
CONTRACT BETWEEN HEALTH DEPARTMENT AND COLORADO DEPARTMENT OF
PUBLIC HEALTH AND ENVIRONMENT 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 No. 1 to the HIV Counseling and
Testing Service 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 Public Health and Environment, effective January 1, 1995, and ending
June 30, 1995, 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 No. 1 to the HIV Counseling and Testing Service 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
Public Health and Environment 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 21st day of December, A.D., 1994.
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BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
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Weld County Clerk to the Board i�4 7 (!-� / ��
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W. Webster, Chai man
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BY:41,./fr ,t Ga r-1-r-cr
Deputy Clerk to the Board.--- ' Dale Hall, Pro-T�
APPROVED AS TO FORM: ,/�- r /Z,
/George Baxter
ounty Attorney nstance L. Harbert /
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;i . t /LL{l!- J// - ; J`JJL
Barbara J. Kirkmeyei' -
941294
HL0020
Pam 6-AC-CM a 1/88)
DEPARTMENT OR AGENCY NUMBER
26000--FHA
CONTRACT ROUTING NUMBER
95-1470
AMENDMENT #1
CONTRACT
THIS CONTRACT, made this lit day of November, 1994, by and between the State of
Colorado for the use and benefit of the Department of Public Health and Environment, 4300
Cherry Creek Drive South, Denver, Colorado 80222-1530 hereinafter referred to as the State,
and Weld County Health Department. 1517 16th Avenue Court. Greeley. Colorado 80631
hereinafter referred to as the Contractor.
WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated
and otherwise made available and a sufficient unencumbered balance thereof remains available
for payment in Fund Number 100 , APPR code 365 , Contract Encumbrance Number FHA
5OD940819; and
WHEREAS, the State has formulated comprehensive plans relative to the statewide
control of Sexually Transmitted Disease (STD) and Human Immunodeficiency Virus (HIV)
Infection; and
WHEREAS, the State has entered into an agreement with the Contractor to provide HIV
counseling and testing services to the people of Colorado; and
WHEREAS, it is the intention of the parties to amend and increase the original contract
SOD940819 by Two Thousand One Hundred Sixty-Three Dollars ($2.1631 to a new total of
Seven Thousand Nineteen Dollars ($7.019) to provide for additional services and to extend the
term of the contract through June 30, 1994.
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.
Page 1 of Pages
9271/i-QY
f/L_✓'L'J-D
2. It is expressly agreed by the parties that this contract is supplemental to the original
contract SOD940819, routing number 94-0819, dated January 1, 1994,which is by this reference
made a part hereof as Attachment F, and all terms, conditions and provisions thereof, unless
specifically modified herein, are to apply to this contract as though they were expressly re-
written, incorporated and included herein.
3. It is agreed that the original contract SOD940819 between the State of Colorado and
Weld County Health Department, shall be, and is hereby modified, altered, and changed in the
following respects only:
A. By eliminating and striking out the words and figures in paragraph 16 "Four
Thousand Eight Hundred Fifty-Six Dollars ($4.856) for the period between
January 1, 1994 and continuing through December 31, 1994" and replacing
instead the words and figures "Seven Thousand Nineteen Dollars ($7.0191 for the
period beginning January 1, 1994 and continuing through June 30, 1995".
B. By eliminating and striking out the words in paragraph 17c, as amended, and
replacing instead the following words and figures:
17c. A base amount of $800 will be provided for testing site operation at the
following rate:
January - December 1994 $400
January - June 1995 $400
C. By eliminating and striking out the words in paragraph 18 " December 31. 1994"
and replacing instead the words "June 30. 1995".
4. The effective date of this amendment is November 10, 1994, but in no event shall be
deemed valid until approved by the State Controller or such assistant as he may designate.
5. In the event of any conflict, inconsistency, or incongruity between the provisions of this
amendment and any of the provisions of the original contract SOD940819, the provisions of this
amendment shall in all respects govern and control.
6. These additional funds are awarded for the provision of additional services and to extend
the term of the contract.
Page 2 of 4 Pages
SPECIAL PROVISIONS
j'ONTROLLER'% 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 Stale.
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,dilly execute and deliver to the State official who will sign the contract,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 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 authorited 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 24-34-4021-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 Stare contracts or sub-contracts.
•
During the performance of this contract,the contractor agrees as follows:
(al 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 advertisings;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.
(bl 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.
Icl 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.
td)The contractor and labor unions will furnish all information and reports required by Executive Order,Equal Opportunity and Affirmative Action of April
It., 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.
(el A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization,or expel any such individual
from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity because of race.creed,color,
sex,national origin-or ancestry.
(O 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 contract or any order issued thereunder,or attempt,either directly
or indirectly,to commit any act defined in this contract to be discriminatory.
porn
Re'sed I/sea
395-53-01-1022
4
page 3 Of pages
(gi in shy 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 part and the contractor may be declared ineligible for further State contracts in
accordance with procedures,authorized in Executive Order, Equal Opportunity and Affirmative Action of April 16. 1975 and the rules-regulations.or
orders 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 Action of April 16,1975,so that such provisions will
be binding upon each subcontractor or vendor.The contractor will take spch action with respect to any sub-contracting or purchase order as the contracting
agency may direct,as a means of enforcing such provisions,including sanctions for non-compliance;provided,however,that in the event the contractor
becomes 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 are applicable so this contract if public works within the State ere undertaken hereunder and
are financed in whole or in part 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 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 lesident,If it ii determined by
the officer responsible for awarding the bid that compliance with this subsection.06 may came denial of federal foods 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 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 as law whether by way of complaint.
defence.Cr otherwise.Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the
contract is capable of execution.
8.At all times 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.
to.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.
Contractor:
(Full Legal Name) WELD COUNTY
Y BOARD OF COMMISSIONERS STATE OF COLORADO •
/ / �/ f' {;, -i ROY ROMRR,GOVER R
W.H. WEBSTER (12/28/94) By for
Position(Title) CHAIRMAN -s OaFcroa_Fx
846000813
a scanty .ranee Tr Fmk?' D.hum DEPARTMENT
Lf Coryoratioo:) // 7/ OF PUBLIC HEALTH & ENVIRONMENT
Attest(Scat) r4Lj %b`'l/� WELD COUNTY H TH DE ARTME T
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By •//)�% X . a--f...-6f-‘-o-::Si
aftetnfc 1mraomlimibavco.gtoe Board BY;
t S. PICKLE, M.S.E.H.
DIRECTOR
GALE A. NORTON APPROVALS
ATTOR/NEE//��Y��GeN MEY GENERAL. CONTROLLER
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By �� `bfy`" 5/ ff`. �.lr/-Gc✓ .,t�r... By R1FIf'f'k4J%Mf'CLS.:_�.
:-, VIaN E. MASSENSU CIA"TE CONTROLLER
Assistant Attorney General rr lr , (e f
Form 6-AC-02C' 4 4 D IA f 1, n
Revised 153 • neral Legal Services Page_ which is the last of pages
395-53-01-1030 'See inttnt-twos on reverse side r ' .
PROGRAM APPROVAL: ����r
mEmoRAnDum _ Prisgt e ,
' r:,r i C r l 09
Wok. W.H. Webster, Chairman
ro Board of County Commissioners Date Decem -R;(
COLORADO John S. Pickle, Director, Health Departure t!E BOAT.BOIT.n
From
Subject: Amendment to the HIV Counseling and Testing Service Contract
Enclosed for Board approval and signature is an amendment to the calendar year 1994 HIV
Counseling and Testing Services Contract between the Weld County Health Department and the
Colorado Department of Public Health and Environment.
This amendment extends the contract to June 30, 1995 with additional funding of$2,163 to bring
the total amended contract amount to $7,109.
I feel this is a critical public health service and recommend your approval of the amendment.
Enclosures
941294
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