HomeMy WebLinkAbout920685.tiff RESOLUTION
RE: APPROVE STATE PER CAPITA MASTER CONTRACT 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 State Per Capita Master
Contract between the Weld County Health Department and the Colorado Department
of Health, commencing July 1, 1992, and ending June 30, 1997, 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 State Per Capita Master 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 27th day of July, A.D. , 1992, nunc pro tunc
July 1, 1992.
BOARD OF COUNTY COMMISSIONERS
ATTEST: hieDal ���'' e %� WELD COUNTY, COLORADO
/{ lii�oard tyt
Weld County Clerk to the Board
George Kennedy, Chairman
BY: (3-tau
Deputy Cle to the Board Constance L. Harbert, Pro-Tem
APPROVED A TO FORM:
C. W. Kir
County Attorney Gord
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'K1L Y'
W. H. Webste
920685
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•Frvsn 6-AC-02A IR i/881 DEPART' IT OR AGENCY NUMBER
FAA
CONTRACT ROUTING NUMBER
930242
CONTRACT
•
THIS CONTRACT, Made this 1st _day of_ July 199 2
the State of Colorado for the use and benefit of the Department of•' HEALTH -- •by and between
4210 East 11th Avenue, Denver, Colorado 80220
hereinafter referred to as the State, and '2 Weld County Health Dept
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 pgencumbered balance thereof remains available for payment in Fund Number . inn
APPR U254 Contract Encumbrance Number FAA ADtt 930242 ; and
WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate
agencies; and
WHEREAS, 'Section 25-1-516, Colorado Revised Statutes 1973, provides for
allocation of money by the State to each county or district health department
organized pursuant to part 5 Article 1 of Title 25, C.R.S. 1973 for local health
services; and
WHEREAS, it is the intent and mutual desire of the parties hereto that there be
established or continued in Weld County a local public health service, which
shall be administered by the Contractor under the laws, rules and regulations of
the State; and
WHEREAS, the State shall provide support on a per capita basis of which no more
than 85% shall be for supporting local health services and not less than an
additional 15% for supporting regional health services; and
WHEREAS, Section 25-1-516, C.R.S. 1973 requires that regional health services
shall be construed to mean two or more local county or district health
departments or county boards of health providing joint services; and
WHEREAS, the State Board of Health shall have review power over the formation,
establishment and support of regional health services; and
WHEREAS, in order to qualify for State assistance, each county, and city and
county shall contribute a minimum of one dollar and fifty cents ($1.50) per
capita for its local health services, and contribute such additional amounts as
it may determine to be necessary to meet their local health needs.
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. The Contractor will pay the salary and travel of local public health
employees and other expenses of the local department.
Jvs-S J-of-lol� Page I of 2.._ pages
'I sec instructions on revere of las, page;
92068.5
2. The Contractor will maintain such records as may be necessary to provide
the information herein required by the State and submit to such reasonable
audits and evaluations as may be necessary.
3. The Contractor will, on or after the date of this contract, employ only
individuals who meet the minimum standards as set up by the State for each
full time position as set forth in the local department budget. If there
is any reason to question whether or not an applicant may meet these
minimum qualifications (for education or experience) it is necessary to
submit the application to the State for review and approval prior to
employment.
4. The Contractor will administer and enforce the laws pertaining to public
health and orders, rules and regulations and standards of the State Board
of Health, Commissions and other State Regulatory bodies.
5. The Contractor will provide to the State the following information as soon
as possible after the end of the calendar year and before June 1. The
quarterly advance of funds for the period April, May and June of the
current fiscal year will be withheld until all reports are received by the
State.
A. Copy of Local Health Department Operating Budget;
B. Staffing Pattern for current year;
C. Annual salary and benefit survey;
D. Report of Program Activities for last calendar year completed;
E. Organizational chart of local health department.
6. The State Board of Health shall have review power over the formation,
establishment and support of regional health services.
7. The State will, in consideration of said services by the Contractor and in
consideration of the qualifying per capita matching funds, cause to be
paid to the Contractor a sum not to exceed ONE HUNDRED AND THIRTY-NINE
THOUSAND AND SIX HUNDRED AND SIXTY-NINE dollars ($139,669) for fiscal year
1993; and for each subsequent fiscal year as set forth in a letter to be
signed by the State and the Contractor and approved by the State
Controller, as follows:
Payment equal to three fourth of 85% of the total allocation
may be advanced when this contract is fully executed and, in
subsequent years when the notification letter has been signed
by all parties. Payment of the final one fourth of 85% of the
total allocation shall be conditioned upon receipt by the
State of reports on forms and in the detail prescribed and
within the time schedule as set forth in paragraph 5 of this
contract.
Page 2 of 7
9ZCCs;
Regional services as defined in Title 25-1-516, C.R.S. 1973
shall be reimbursed monthly upon receipt of a signed statement
listing actual cost of regional services rendered. The total
reimbursed for regional services shall not exceed 15% of the
total annual allocation of funds.
8. Payment pursuant to this contract will be made as earned, in whole or in
part, from available State funds encumbered in an amount not to exceed the
annual appropriation for the purchase of Local Health Services. It is
further understood and agreed that the maximum amount of State funds
available for the purchase of Local Health Services is to be set forth in
a letter to be signed by the State and the Contractor each year, and
approved by the State Controller, or such lesser amount as may be mandated
by executive order or legislative action. The liability of the State, at
any time, shall be limited to the unencumbered amount remaining in such
funds.
9. Changes in total reimbursement amounts for the above named services in
consideration of increased or decreased levels of funding in the original
contract shall be made by a mutually signed letter of approval which shall
include the following:
A. Identification of contract by contract number and number of affected
paragraph;
B. Amount of increase or decrease in funding and reason for such
change;
C. Effective date of the change;
D. Authorized signatures of the State, the Contractor and the State
Controller. It is understood that no change except funding amounts
shall be made through the letter of approval.
10. Because the appropriation of funds is a legislative function, funding
availability after State fiscal year 1993 is contingent upon an annual
appropriation of per capita funds by the legislature, and in the event no
appropriation is made, this contract may be cancelled and terminated with
no penalty to the State.
11. The term of this contract shall be beginning July 1, 1992 and continuing
through June 30, 1997.
Page 3 of 7
920685
•
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 co es
's mpnation (and sho P
w roof of such assurance) and un mvlovmenr
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 4 of 7 Pages
Rev. 06/01/92 920685
GENERAL PROVISIONS--Page 2 of 2 pages
e) the Americans with Disabilities Act (Public Law s01-336; 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 Drag-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 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 co 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 5 of 7 Pages
Rev. 06/01/92 3 -.7.85
�L
,
i
on 6-AC-028
SPECIAL PROVISIONS
:ONTROLLER'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
envision is applicable to any contract involving the payment of money by the State.
FUND AVAILABILITY
2. Financial obligations of the State payable atter the current fiscal year are contingent upon funds for that purpose being appropriated budgeted and otherwise
nade available. 5
BOND REQUIREMENT
3. Ifthis contract involves the payment of more than fifty thousand dollars for the construction.erection.repair.maintenance,or improvement of any building, I
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 signal re appears below for the Stalin 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
1.
fail to duly pay for any labor,materials.team hire,sustenance,provisions.provendor oradher supplies usedor 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 It
rate of eight per cent per annum.Unless such bond,when so required.is executed,delivered and filed.no claim in favor of the tvmractor arising under this contract
shall be audited,allowed or arid.A certified or cashier's check or a bank money order payable to the Treasurer artist State of Colorado may be accepted in lieu of a
bond.This provision is in compliance with 38-26-106 CRS. as amended
r
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 apps cable• Opportunity wa d respecting
pediscrimination and unfair employment practices(24-34-402.CRS 1982 Replacement Vol.),ol.),and as required by Executive Order.Equal
Affirma-
tive Action,dated April 16. 1975. Pursuant thereto, the following provisions shall be contained in all State contracts or sub-contracts. i
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 action shad include,but not be limited to the following:employment.
upgrading,demotion,or transfer,recruitment or recruitment advertising;lay-offs or terminations:rates of pay or other forms f comr pensation:
and
n dteslec beselection
for
training,including apprenticeship.The contractor agrees to post in conspicuous places.available to employees and applicants
pro-
vided by the contracting officer setting forth provisions of this non-dismminatmn 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-
(3) The contractor will send to each labor union or representative of workers with which he has collective bargaining agreement or other contractor 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 I6. 1975, and of the mks, regulations. and relevant Orders of the Governor.
(4) The contractor and labor unions will furnish all information and reports required by Executive Order,Equal Opportunity
ity 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.
(5) 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.
(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.
395-53-0[4022 u, w-:;ona...�
Revised 1/88 page 6 of __ pages
94%10585
Form 6-AC-02C
(7) In the event of the contractor's noncompliance with the non-discrimination clauses of this contractor or with any of such rules,regulations.or orders.this
contract may be cancelled.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 16.1973 and the rules.regulations,or orders promulgated
in accordance there.irh-and such aber sanctions as may be imposed and remedies as may be invoked as provided in Executive Order.Equal Opportunity and
Affirmative Action of April 16, 1973,or by rules, regulations.or orders promulgated in accordance therewith,a'as otherwise provided by law.
(8) The contractor will include the provisions afparataph(1)through(8)in every stab-contra=and subcontractorpumhese order unless exempted by rules.
regulations,or orders issued mama to Executive Order,Equal Opportunity and Affirmative Action of April 16,1973,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 mean of enforcing such provisions,including saoedons for noncompliance;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 luck direction by the connaing agency,the contraaor may request the State
of Colorado to enter into such litigation to protest the interest of the State of Colorado.
COLORADO LABOR PREFERENCE
6a. Provisions of 8-17-101&102,CRS for preference of Colorado labor are applicable to this contract if public warts within the State are undertaken hereun-
der and are financed in whole or in part by State funds.
b. When construction contract fora 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 deter-
mind by the officer responsible for awarding the bid that compliance with this subsection.06 may cause denial of federal funds which would otherwise be avail-
able or would otherwise be incl'uem 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 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 contact 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 ocher 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 portion wW 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 hereto aver that they are familiar with 18.8.301.et.seq.,(Bribery and Corrupt Infuencesland 184-401,et.seq..(Abuse of Public Office I.
CRS 1978 Replacement Vol„ and that no violation of such provisions is present.
- 10. The si natories aver that to their knowledge., no state employee has a personal or beneficial interim whatsoever in the service or property
described herein:
1N WITNESS WHEREOF,the parries hereto have executed this Contras on the day first above written.
Contractor
(Full Legal Name) Weld County Health Dept
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STATE OF COLORADO�� O ROY ROMER. GOVERNOR
* f o r
ERE E ERECTOR.
Position (The)
846000813 B
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07Ia9/9a DEPARTMENT
OF HEALTH
(1f Corporation:) WELD
_
Amest (Seal) CDEPARIMENT •
BY:
By Randolph Gordon, M.D. , M.P.H.
Comas s wary.or Es..r.a.To.uCeyiCaaey Cleat Director
APPROVALS
ATTORNEY GENE ;,T� R^' CONTROLLER
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PROGRAM APPROVAL: / li(�
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191134i-10M Mavis Kam,7 lay w tu
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George Kennedy, Chairman
To s+--
Board of County Commissioners oats July 23. 1992
COLORADO (f
From Jeannie K. Tacker Business U /
Subject State Per Capita Contract
Enclosed for Board approval and signature is the State Per Capita Master Contract
for the Weld County Health Department for the period July 1, 1992 through
June 30, 1997.
The Health Department will receive $139,669 for the period July 1, 1992 through
June 30, 1993. Of the $139,669, 15% or $20,950 must be used for regional
services. The remaining $118,719 is to be used for local public health efforts.
If you have any questions, please feel free to contact me.
920b85
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