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HomeMy WebLinkAbout961506.tiff RESOLUTION RE: APPROVE CONTRACT FOR CANCER PREVENTION BETWEEN HEALTH DEPARTMENT AND COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AND AUTHORIZE CHAIR 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 Cancer Prevention 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, commencing July 16, 1996, and ending July 15, 1997, with 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 Cancer Prevention 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 Chair 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 26th day of August, A.D., 1996, nunc pro tunc July 16, 1996. BOARD OF COUNTY COMMISSIONERS � Axid4L4``, LKithmr, r COUNTY, COLORAD 1861 I �my Clerk to the Board -1 41 FXCl1SFf) flATF nF SIf;NINP tt 8 It/ L� I George E. Baxter Pro- em CU1 , - Deputy Cle to the Board i Dale K. Hall APPR ED AS TO F Constance L. Harbert my Attorn iLS �£O4VW. Nz . 7� 961506 c HL0022 Approved Waiver Form Department or Agency Name Public Health and Environment Department or Agency Number 260000 —FLA Contract Routing Number 9705295 CONTRACT THIS CONTRACT, made this 16th day of/it, 1996, 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 Department of Health. 1517-16 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 available and a sufficient uncommitted balance thereof remains available for encumbering and subsequent payment of this contract under Encumbrance Number FLA PPG9705295, in Fund Number 100, Appropriation Account 773, and Organization 7340. WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies: and WHEREAS, the State has entered into a Cooperative Agreement with the Centers for Disease Control and Prevention (CDC) to provide breast and cervical cancer screening and diagnostic services; and WHEREAS, the intent of the Cooperative Agreement is to increase screening and diagnosis among all groups of women in the state, with special efforts to reach those women who are of low income, uninsured, underinsured, minority, Native American and/or served by Health Resources and Services Administration primary care centers and/or Title X Family Planning fund recipients; and WHEREAS, the Contractor is considered by the State to be an appropriate agency which has the facilities, personnel and capability to provide the services as herein set forth. 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 provide breast and cervical cancer screening and diagnostic services for women aged 40 and above as per the Schedule of Services, a copy of which is attached and by reference made part hereof as Exhibit A. 2. The Contractor agrees to utilize nationally accepted guidelines for women as the standard for breast and cervical cancer screening as follows: Page 1 of 10 Pages 9615% Uterine Cervix An annual Pap smear with a pelvic examination. After three or more consecutively satisfactory normal annual examinations, the Pap smear may be performed less frequently at the physicians discretion. Breast An annual physical breast examination. A mammogram every 1 - 2 years between the ages of 40 and 49; yearly at age 50 and older. Women aged 50 and over should represent 75% of the women screened over the term of the contract. Women under 40 can receive a physical breast exam and / or mammogram if they have symptoms of breast cancer or have had a first degree family history of breast cancer. 3. The Contractor agrees that only qualified personnel who are licensed or certified professionals will conduct medical examinations, operate the equipment, conduct the tests and interpret results. Medical personnel performing the physical breast examinations must be at least Certified Nurse Practitioners or submit documentation to the Cancer Prevention and Control Program (CPCP) certifying completion of a formal training to perform the clinical services included for this program. Cytology laboratories must be in compliance with the federal Clinical Laboratory Improvement Act of 1988 (CLIA-88). Mammography centers must be certified by the Food and Drug Administration (FDA) certified in accordance with the Mammography Quality Standards Act of 1992, which took effect October 1, 1994. A mammography facility who is American College of Radiology (ACR) accredited is automatically certified by the FDA. A mammography facility who has applied for ACR accreditation is given a 6-month provisional certificate by the FDA. 4. The Contractor agrees to receive prior approval from the CPCP to enter into agreements with, or to change providers of mammography and cytology laboratory services. 5. The Contractor agrees to seek reimbursement for services only for those women who meet the following eligibility criteria: • Be a resident of Colorado as defined by the Colorado Resident Discount Program; • Have family income at or below 200% of the federal poverty level and receive appropriate documentation from the women to assure her income qualifies her for the program; • Not have health insurance that would cover these services; • Not have had a mammogram or Pap in the past 12 months; • Meet the Clinical Eligibility Criteria established by the program. Page 2 of 10 Pages 9615% 6. The Contractor agrees to provide data on the program designated forms to the CPCP including total number of women screened for breast and cervical cancer, clinical results of all exams, and results from tracking and follow-up for symptomatic women or those with a screen deserted abnormality. This data will be integrated into the Service Delivery System, Tracking and Follow-up System, Case Compliance Summary system, and the Fiscal Management System that are maintained by the CPCP. 7. The Contractor agrees to refer all women with abnormal findings who require treatment services not covered by the program to appropriate medical practitioners for prompt diagnosis, evaluation and treatment. The Contractor agrees to perform the necessary tracking of women with abnormal findings, and report all diagnostic and treatment services provided to such women to the CPCP unless the women are lost to follow-up. Adequate tracking includes evidence of a certified letter sent and received by the woman in need of further care, or returned due to lack of a forwarding address. 8. The Contractor agrees to provide matching funds information that is required to maintain the covenants of the grant from the CDC. The CPCP will request this information not less than twice per year. The matching funds will normally be of in-kind nature. 9. The administrators of the CPCP shall have the authority to conduct annual program performance reviews of services provided through this project. Administrative and clinical records of patients receiving services through this project shall be made available to the reviewers for this purpose. 10. Payment pursuant to this contract will be made as earned, in whole or in part, from available funds encumbered in an amount not to exceed $ ONE MILLION NINE HUNDRED SEVENTY-SEVEN THOUSAND FIVE HUNDRED SIXTEEN Dollars($1,977,516.00) for the purchase of eligible health services. It is further understood and agreed that the maximum amount of funds available for the period of July 16, 1996 to July 15, 1997 for the purchase of breast and cervical cancer screening and diagnostic services is $ ONE MILLION NINE HUNDRED SEVENTY-SEVEN THOUSAND FIVE HUNDRED SIXTEEN Dollars ($1,977,516.00). The liability of the State, at any time, for such payments shall be limited to the unencumbered amount remaining of such funds. The reimbursement rates for services under this Program are listed on the Schedule of Services (Exhibit A). Payment will be made by the State based on submission of the required CPCP forms indicating that services were rendered with the necessary results indicated. Monthly reports will be generated from the Fiscal Management System; one to indicate the total amount of services rendered by procedure, and a second one giving specific details on the women served and the procedures performed. The State will monitor statewide activity to ensure that the total funding available is not exceeded and that the Contractor will receive full payment for all services rendered that are reimbursable through this program. A second report, Procedure Done/Planned by Cagency (Contract Agency), will be generated monthly showing all screening services provided to women from the starting date of the fiscal year to the current date to aid in reconciliation of service activity. Additional covenants covering payments made under this contract are as follows: Page 3 of 10 Pages 9615O6 a) In accordance with P.L. 101-345, patient charges for services provided will be made according to a schedule of charges that is made available to the public, and that is adjusted to reflect the income of the women involved. No patient charges will be imposed on any woman with an income of 200% or less of the federal poverty line. b) Any program income generated such as donations shall be used by the program for cancer prevention and control purposes which further the objectives of the legislation under which this contract is made. c) The Contractor agrees that Medicare rates, which are changed on an annual basis, will be used for establishing the reimbursement rates for breast and cervical cancer screening and diagnostic services. The current year's rates are those contained on the Schedule of Services (Exhibit A). 11. Funding for a Case Manager is being provided in the Schedule of Services (Exhibit A). This funding is to facilitate case enrollment, data completion, and data submission to the CPCP. This funding is based on $50 per case. and consistent adherence to the following standards of performance. Failure to accept funding for the Case Manager does not exempt the Contractor from meeting these compliance standards. • Case enrollment forms must be submitted to the program for 90% or more of the cases within 60 days of the dates of the most recent service performed. • Case enrollment forms must be submitted with essential information properly completed in 90% or more of the cases. • Mammogram results must be submitted to the CPCP in 90% or more of the cases within 60 days of the service being provided. This information must be submitted on the CPCP designated form completed by mammography centers which include all required data elements. • Mammogram results must have the essential information reported properly and accurately in 90% or more of the cases submitted. • Cases involving screening breast or cervical abnormalities must have diagnostic follow-up information including planned follow-up procedures provided to the CPCP in 90% or more of the cases within 60 days from the date of detection of the abnormality. This includes women who are referred to outside health care providers for diagnostic procedures. • Breast and Cervical Diagnostic Follow-up Reports must be submitted with essential information properly completed in 90% or more of the cases. Page 4 of 10 Pages 961.5°6 • Women with screening abnormalities will be required to have either completed diagnostic follow-up or have documentation of lost to follow-up submitted to the CPCP on every case (100%). A copy of the documented follow-up efforts must be submitted to the CPCP with the appropriate diagnostic follow-up form. The minimum follow-up effort accepted will be one registered/certified letter, but also could include telephone and regular mail contacts. • Planned diagnostic follow-up procedures must be completed and submitted to the CPCP in 90% of the cases within 60 days of the planned date. The completed procedure does not have to be the same as the one planned, but follow-up must be completed in the recommended timeframe to allow for continuity of care. • Women with cervical abnormalities of CIN II or more severe, or a breast malignancy must have completed or initiated treatment information submitted to the program in 90% of the cases within 60 days following the date of diagnosis. • Women with cervical abnormalities of CIN II or more severe, or a breast malignancy will be considered lost to follow-up in 10% or less of cases. A copy of the documented follow-up efforts must be submitted to the CPCP with the appropriate diagnostic follow-up/treatment form. The minimum follow-up effort accepted will be one certified letter with patient receipt, but also could include telephone and regular mail contacts which will be documented and submitted to the CPCP on the follow-up form. • The CPCP computer generated breast and cervical follow-up forms must be accurately completed and submitted for 90% or more of the cases within 60 days of the date of form production. The funding for the Case Manager will be paid out with an initial three month advance based on actual total number of cases screened for the previous fiscal year or reasonable estimate thereof. This advance must be cleared before any further payments will be made. The advance will be cleared on the basis of$50.00 per screening case. All subsequent payments will be based on a$50.00 per screening case. Payments for each case screened subsequent to the initial advance will appear on the computerized monthly reporting system as described in Paragraph 10 above. Payment of the Case Manager fee is predicated on the Contractor's continued compliance with the above standards. Any of the above standards on which there has been non-compliance will require the Contractor to develop, submit and adhere to a remediation plan and bring the standard(s) into compliance within thirty days. More than two breaches of compliance regardless of remediation, or any one without an approved remediation plan within thirty days during the term of this amendment will result in cessation of funding for the Case Manager. 12. The State may prospectively increase or decrease the total reimbursement amount payable under this contract for the services covered by this contract as a result of an increase or decrease of funding from the CDC through a Change Order Letter, a copy of which is attached and by reference made part hereof as Exhibit B. The Change Order Letter shall include the following: Page 5 of 10 Pages 961526 • identification of the original contract by encumbrance number and the number of the affected paragraph; • original amount granted, the amount of the increase or decrease in funding for the program and the new total amount for the contract; • intended effective date of change; • a provision stating that the change shall not be valid until approved by the State controller or such assistant as he may designate; and • authorized signatures of the State, the Contractor and the State Controller or his designee. 13. The Contractor agrees, to the best of his or her knowledge and belief, that: a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the contractor to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Contractor shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. c) The Contractor shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 14. The term of this contract is beginning July 16, 1996, and continuing through July 15, 1997. Page 6 of 10 Pages 9615% 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 p.y when due all required employment taxes and income tax withholding, shall provide and keep in force workers'compensation(and show proof of such insuran&gland 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-HO,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 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 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 100-17,1O1 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). Page 7 of 10 Pages Rev. 06/01/92(GEN070595) 9515% GENERAL PROVISIONS -- Page 2 of 2 pages 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. 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-I28 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 1004 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 8 of 10 Pages Rev. 06/01/92(GEN070595) 9615'16 SPECIAL PROVISIONS CONTROLLER'S APPROVAL 1 .This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate. This provision is applicable to any contract involving the payment of money by the State. FUND AVAILABILITY 2.Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated,budgeted, and otherwise made available. BOND REQUIREMENT 3.If this contract involves the payment of more than fifty thousand dollars for the construction,erection,repair,maintenance,or improvement of any building, road bridge,viaduct,tunnel,excavation or other public work for this State,the contractor shall,before entering upon the performance of any such work included in this contract,duly execute and deliver to the State official who will sign the contract,a good 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 perfomwwe of the work contracted to be done or fails to pay any person who supplies rental machinery,tools,or equipment in the prosecution of the work the surety will pay the same in an amount not exceeding the sum specified in the bond,together with interest at the rate of eight per cent per annum. Unless such bond is executed,delivered and filed,no claim in favor of the contractor arising under such contract shall be audited,allowed or paid. A certified or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance with CRS 38-26-106. INDEMNIFICATION 4.To the extent authorized by law,the contractor shall indemnify,save,and hold harmless the State,its employees and agents,against any and all claims, damages,liability and court awards including costs,expenses,and attorney fees incurred as a result of any act or omission by the contractor,or its employees, agents,subcontractors,or assignees pursuant to the terms of this contract. DISCRIMINATION AND AFFIRMATIVE ACTION 5.The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957,as amended,and other applicable law respecting discrimination and unfair employment practices(CRS 24-34-402),and as required by Executive Order,Equal Opportunity and Affirmative Action,dated April 16,1975.Pursuant thereto,the following provisions shall be contained in all State contracts or sub-contracts. During the performance of this contract,the contractor agrees as follows: (a)The contractor will not discriminate against any employee or applicant for employment because of race,creed,color,national origin,sex,marital status, religion,ancestry,mental or physical handicap,or age.The contractor will take affirmative action to insure that applicants are employed,and that employees are treated during employment,without regard to the above mentioned characteristics.Such action shall include,but not be limited to the following:employment upgrading,demotion,or transfer,recruitment or recruitment 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. (b)The contractor will,in all solicitations or advertisements for employees placed by or on behalf of the contractor,state that all qualified applicants will receive consideration for employment without regard to race,creed,color,national origin,sex,marital status,religion,ancestry,mental or physical handicap,or age. (c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding,notice to be provided by the contracting officer,advising the labor union or workers'representative of the contractor's commitment under the Executive Order,Equal Opportunity and Affirmative Action,dated April 16,1975,and of the rules,regulations,and relevant Orders of the Governor. (d)The contractor and labor unions will furnish all information and reports required by Executive Order,Equal Opportunity and Affirmative Action of April 16, 1975,and by the rules,regulations and Orders of the Governor,or pursuant thereto,and will permit access to his books,records,and accounts by the contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules,regulations and orders. (e)A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization,or expel any such individual from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity because of race,creed,color, sex,national origin,or ancestry. (0 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. Form 6-AC-02B(GEN070595) Revised 1/93 395-53-01-1022 page 9 of 10 pages 961516 (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 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 contactor 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 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 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 to this contract if public works within the State are undertaken hereunder and are financed in whole or in part by State funds. b. When a 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 resident. If it is determined by the officer responsible for awarding the bid that compliance with the subsection.06 may cause denial of federal funds which would otherwise be available or would otherwise be inconsistent with requirements of Federal law,this subsection shall be suspended,but only to the extent necessary to prevent denial of the moneys or to eliminate the inconsistency with Federal requirements(CRS 8-19-101 and 102). GENERAL 7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation,execution,and enforcement of this contract. My 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,defense,or otherwise. My 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. 10. The signatories aver that to their knowledge,no state employee has any personal or beneficial interest whatsoever in the service or property described herein: IN WITNESS WHEREOF,the parties hereto have executed this Contract on the day first above written. Contractor.Weld County Department of Health State of Colorado (Full al Name) Weld Count Colorado ROY ROMER,GOVERNOR 08/26/96 Po By � •ard of Commissioners 1051 i bit;yf._.,' ,nib■ %� 4 ri` Se r:yw��umber or Federal LD. umber Department ail of PUBLIC HEALTH AND ENVIRONMENT lCou or i l t ►l WELD CO T DEP 114 de rut BY, w;b•r ri�t• nutah i363f$1lb/County Clerk to Board JOHN S. PICKLE APPROVALS DIRECTOR ATTORNEY GENERAL CONTROLLER By By e—U—"-leA�� Gale A.Norton Clifford W.Hall D Form 6-AC-02C(GEN07o595) Page 10 which is the last of 10 pages Revised 1/93 395-53-01-1030 PROGRAM APPROV : 9615% EXHIBIT A SCHEDULE OF SERVICES Fiscal Year 1997 REIMBURSEMENT SCREENING RATE Clinical Breast Exam $29.60 Pelvic Exam 29.60 Pap Lab(by Cytotech) 7.12 Mammogram 62.10 DIAGNOSTIC Repeat Clinical Breast Exam 32.94 Surgical/Medical Consultation 85.15 Diagnostic Mammogram 63.96 Repeat Mammogram 63.96 Breast Ultrasound 62.81 Fine Needle Aspiration (FNA) 164.73 Repeat Pelvic Exam 32.94 Repeat Pap Lab(by Pathologist) 26.07 Colposcopy 69.89 Colposcopy with Biopsy 168.86 Tracking and Follow-up at 15% of the total services provided monthly Travel Allowances at 1% of the total services provided monthly Case Manager at $50.00 per each new screen 9615°6 EXHIBIT B STATE OF COLORADO Roy Romer,Governor �;oF,eon Patti Shwayder,Acting Executive Director titA NQ9� .5 '+ Dedicated to protecting end improving the health and environment of the people of Colorado * r 476 Main Building Laboratory Building Colorado Department 4300 Cherry Creek Or.S. 4210 E.11th Avenue of Public Health Denver,Colorado 80222-1530 Denver,Colorado 80220-3716 Phone 13031 692-2000 13031 6914700 and Environment , 1996 State Fiscal Year 19_ - Contract Routing Number Change Order Letter No. In accordance with Paragraph _ of the contract with routing number and contract number , (as amended by Change Order Letter routing number , and/or Renewal Letter routing number ), hereinafter referred to as the Original Contract (copy attached and by this reference made a part hereof) between the State of Colorado, Department of Public Health and Environment ( Division) and , covering the period of , 199 through , 199_, the parties agree that the maximum amount payable by the State for the eligible services in Paragraph _ of the Original Contract is being increased/decreased by DOLLARS ($ ) to a new total of DOLLARS ($ ) in accordance with the revised work plan attached hereto as Attachment A and revised budget attached hereto as Attachment B, both incorporated herein. The first sentence in Paragraph_of the Original Contract is hereby modified accordingly. All other terms of conditions of the Original Contract are hereby reaffirmed. This amendment to the Original Contract is intended to be effective as of , 199_, but in no event shall it be deemed valid until it shall have been approved by the State Controller or such assistant as he may designate. Please sign, date and return all _originals of this letter as soon as possible to: Colorado Department of Public Health and Environment Division Mail Code: 4300 Cherry Creek Drive South Denver, Colorado 80222-1530 One original of this letter will be returned to you when fully approved. Contractor: State of Colorado: Full Contractor Name Roy Romer, Governor By: Signature Print Name: By: For the Executive Director Title: Colorado Department of Public Health and Environment APPROVALS: PROGRAM APPROVALS: CONTROLLER By: By: 961.595 Clifford W. Hall mEmoRAnDum W���P�• Barbara Kirkmeyer, Chair To Board of County Commissioners Date August 22, 1935 COLORADO ,' /� From • John Pickle, Director, Health Department VA-#4'" Subject: Cancer Prevention for Women Over Aged 40 Enclosed for Board approval is a contract between the Colorado Department of Public Health and Environment for breast and cervical cancer screening and diagnostic services for women aged 40 and over. The State has had an excess amount of funds for this program in the past few years. Therefore, there is no limit to the amount of screenings we may perform and be reimbursed for. The schedule of reimbursable expenses meets or exceeds Weld County Health Department's expenses to provide these services. The term of the contract is from July 16, 1996 through July 15, 1997. I recommend your approval of this contract. Enclosures 961506 Hello