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RESOLUTION
RE: APPROVE CONTRACT FOR HEALTH EDUCATION STANDARDS GRANT 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 Health Education
Standards Grant 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 March 1, 1998, and
ending February 28, 1999, 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 Health Education Standards Grant 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 4th day of March, A.D., 1998, nunc pro tunc March 1, 1998.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST -,42a--7/...09
Constance L. Harbert, Chair
Weld Co my ,l to.The- &) & L?
W. t11c1
b , Pro-Tem
BY:
eputy rd
-Geor E. Baxter
APP AST M: EXCUSED
DaIe7K. Hall
unty Attor ey ik-4Kirkmr4r
980349
HL0024
d c 1-I I-- ,-Cr
DEPARTMENT OR AGENCY NUMBER
FAA-260000
CONTRACT ROUTING NUMBER
9808186
CONTRACT
This CONTRACT is made this 1ST day of MARCH,1998,by and between the State of Colorado for the
use and benefit of the DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT,whose address
or principal place of business is 4300 Cherry Creek Drive South,Denver,Colorado 80246 hereinafter
referred to as"the State", and Weld County Health Department,whose address or principal place of
business is 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 uncommitted balance thereof remains available for encumbering and subsequent
payment of this Contract under Contract Encumbrance Number ADM9808186 in Fund Number 100,
Appropriation Code F86,and Organization Code 0020;
WHEREAS, as of the date of this Contract,the State has a currently effective Group II purchasing
delegation agreement with the Division of Purchasing within the Colorado Department of Personnel;
WHEREAS,the State has received Preventive Health and Health Services Block Grant(PHHSBG) funds for
federal Fiscal Year 1997-98 (March I, 1998 -February 28, 1999)from the United States Department of
Health and Human Services (USDHHS);
WHEREAS,the Contractor is considered by the State to be an appropriate agency to provide those services
set forth in the attached Scope of Work;
WHEREAS,this procurement is exempt from the Colorado Procurement Code and Rules because the
Contractor is a governmental agency; and,
WHEREAS, all required approvals,clearances and coordination have been accomplished from and with all
appropriate agencies.
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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:
A. EFFECTIVE DATE AND TERM. The effective date of this Contract is March 1,1998. The
initial term of this Contract shall commence on March 1, 1998, and continue through and including
February 28, 1999.
B. DUTIES AND OBLIGATIONS.
1. The Contractor shall provide the services outlined in the Scope of Work,which is
incorporated herein by this reference,made a part hereof, and attached hereto as
"Attachment A".
2. The Contractor shall submit to the State a bi-annual summary report detailing the
achievements of the Contractor for the previous six month period. The first bi-annual report
is due on or before August 15, 1998. The second bi-annual report is due on or before April
15, 1999. The bi-annual reports shall contain data from which objective measurements may
be made to determine the Contractor's progress toward those goals identified in Attachment
A.
3. The Contractor shall permit the State,at the State's option,to perform a comprehensive
evaluation of those projects identified in Attachment A,including but not limited to an on-
site review.
C. COMPENSATION,CHANGE,AND RENEWAL PROCEDURES.
1. The State shall, in consideration of the services satisfactorily performed by the Contractor
under this Contract,cause to be paid to the Contractor a sum not to exceed TWENTY-
FIVE THOUSAND DOLLARS ($25,000.00)for the initial term of this Contract-March
1, 1998,through February 28, 1999. Of the total financial obligation of the State referenced
above, ($25,000.00)are identified as attributable to a funding source of the United States
government and, ($0) are identified as attributable to a funding source of the State of
Colorado.
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2. To receive compensation under this Contract,the Contractor shall submit a signed quarterly
billing statement,an example of which is incorporated herein by reference,made a part
hereof,and attached hereto as"Attachment B,"within thirty(30)calendar days of the end
of the quarter for which services were rendered. For purposes of this Contract,quarters are
based on the federal fiscal year- October 1 through September 30. Accordingly,quarterly
billing statements are due on or after May 31, 1998,August 31, 1998,November 30, 1998
and February 28, 1999. Expenditures shall be in accordance with those items identified in
Attachment A. These items may include,but are not limited to: the Contractor's salaries,
fringe benefits,supplies,travel, operating, and indirect costs which are allowable and
allocable expenses related to this Contract.
The quarterly billing statements shall: reference this Contract by its contract number,which
number is located on page one of this document; state the applicable performance dates,the
names of payees, and a brief description of the services performed,expenditures incurred,
and the total reimbursement requested. Reimbursement during the initial, and any renewal
term of this Contract shall be conditioned upon affirmation by the State that all services were
rendered by the Contractor in accordance with the terms of this Contract. Quarterly billing
statements shall be sent to:
Julie Akin
Colorado Department of Public Health and Environment
4300 Cherry Creek Drive South,Denver,CO 80246
CPD-ADM-B2
3. The State may prospectively increase or decrease the amount payable under this Contract
through a"Change Order Letter",a sample of which is incorporated herein by this reference,
made a part hereof, and attached hereto as"Attachment C."To be effective,the Change
Order Letter must be: signed by the State and the Contractor; and,approved by the State
Controller or an authorized designee thereof Additionally,the Change Order Letter shall
include the following information:
A. Identification of this Contract by its contract number and affected paragraph
number(s);
B. The types of services or programs increased or decreased and the new level of each
service or program;
C. The amount of the increase or decrease in the level of funding for each service or
program and the new total financial obligation;
D. The intended effective date of the funding change; and,
E. A provision stating that the Change Order Letter shall not be valid until approved
by the State Controller or such assistant as he may designate.
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4. Upon proper execution and approval,the Change Order Letter shall become an amendment
to this Contract. Except for the General and Special Provisions of this Contract,the Change
Order Letter shall supersede this Contract in the event of a conflict between the two. It is
expressly understood and agreed to by the parties that the change order letter process may be
used only for increased or decreased levels of funding,corresponding adjustments to service
or program levels, and any related budget line items. Any other changes to this Contract,
other than those authorized by the contract renewal letter process described below, shall be
made by a formal amendment to this Contract executed in accordance with the Fiscal Rules
of the State of Colorado.
5. If the Contractor agrees to and accepts the proposed change,then the Contractor shall
execute and return the Change Order Letter to the State by the date indicated in the Change
Order Letter. If the Contractor does not agree to and accept the proposed change,or fails to
timely return the partially executed Change Order Letter by the date indicated in the Change
Order Letter,then the State may,upon written notice to the Contractor,terminate this
Contract twenty(20)calendar days after the return date indicated in the Change Order Letter
has passed. Such written notice shall specify the effective date of termination of this
Contract. In the event of termination under this clause,the parties shall not be relieved of
their respective duties and obligations under this Contract until the effective date of
termination has occurred.
6. Increases or decreases in the level of contractual funding made through this change order
letter process during the initial or renewal terms of this Contract may be made under the
following circumstances:
A. If necessary to fully utilize appropriations of the State of Colorado and/or non-
appropriated federal grant awards;
B. Adjustments to reflect current year expenditures;
C. Supplemental appropriations,or non-appropriated federal funding changes resulting
in an increase or decrease in the amounts originally budgeted and available for the
purposes of this Contract;
D. Closure of programs and/or termination of related contracts;
E. Delay or difficulty in implementing new programs or services; and,
F. Other special circumstances as deemed appropriate by the State.
7. The State may renew this Contract through a"Contract Renewal Letter",a sample of which
is incorporated herein by this reference, made a part hereof, and attached hereto as
Attachment D. To be effective,the Contract Renewal Letter must be: signed by the State
and the Contractor; and, approved by the State Controller or an authorized designee thereof.
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9M0349
Additionally,the Contract Renewal Letter shall include the following information:
A. Identification of this Contract by its contract number and affected paragraph
number(s);
B. The types of services or programs,if any,increased or decreased and the new level
of each service or program for the renewal term;
C. The amount of the increase or decrease, if any,in the level of funding for each
service or program and the new total financial obligation;
D. The intended effective date of the renewal; and,
E. A provision stating that the Contract Renewal Letter shall not be valid until
approved by the State Controller or such assistant as he may designate.
8. Upon proper execution and approval,the Contract Renewal Letter shall become an
amendment to this Contract. Except for the General and Special Provisions of this Contract,
the Contract Renewal Letter shall supersede this Contract in the event of a conflict between
the two. It is expressly understood and agreed to by the parties that the contract renewal
letter process may be used only to: renew this Contract; increase or decrease levels of
funding related to that renewal;make corresponding adjustments to service or program
levels,and, adjust any related budget line items. Any other changes to this Contract,other
than those authorized by the change order letter process described above,shall be made by a
formal amendment to this Contract executed in accordance with the Fiscal Rules of the State
of Colorado.
9. If the Contractor agrees to and accepts the proposed renewal term,then the Contractor shall
execute and return the Contract Renewal Letter to the State by the date indicated in the
Contract Renewal Letter. If the Contractor does not agree to and accept the proposed
renewal term,or fails to timely return the partially executed Contract Renewal Letter by the
date indicated in the Contract Renewal Letter,then the State may,upon written notice to the
Contractor,terminate this Contract twenty(20)calendar days after the return date indicated
in the Contract Renewal Letter has passed. Such written notice shall specify the effective
date of termination of this Contract. In the event of termination under this clause,the parties
shall not be relieved of their respective duties and obligations under this Contract until the
effective date of termination has occurred.
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D. GENERAL PROVISIONS'
1. The parties warrant that each possesses actual,legal authority to enter into this Contract.
The parties further warrant that each has taken all actions required by its applicable law,
procedures,rules,or by-laws to exercise that authority,and to lawfully authorize its
undersigned signatory to execute this Contract and bind that party to its terms. The person or
persons signing this Contract,or any attachments or amendments hereto,also warrant(s)that
such person(s)possesses actual, legal authority to execute this Contract,and any
attachments or amendments hereto,on behalf of that party.
2. THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN
INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE OF THE STATE.
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. THE CONTRACTOR SHALL PAY WHEN DUE ALL
REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX
ON ANY MONIES PAID PURSUANT TO THIS CONTRACT. THE CONTRACTOR
ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES ARE NOT
ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE
CONTRACTOR OR A THIRD PARTY PROVIDES SUCH COVERAGE AND THAT
THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE.
THE CONTRACTOR SHALL HAVE NO AUTHORIZATION,EXPRESS OR IMPLIED
TO BIND THE STATE TO ANY AGREEMENTS,LIABILITY,OR UNDERSTANDING
EXCEPT AS EXPRESSLY SET FORTH HEREIN. THE CONTRACTOR SHALL
PROVIDE AND KEEP IN FORCE WORKERS'COMPENSATION(AND SHOW
PROOF OF SUCH INSURANCE)AND UNEMPLOYMENT COMPENSATION
INSURANCE IN AMOUNTS REQUIRED BY LAW,AND SHALL BE SOLELY
RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR.ITS EMPLOYEES AND
AGENTS.
3. The State reserves the right to inspect services provided under this Contract at all reasonable
times and places during the term of this Contract. "Services",as used in this clause, includes
services performed or written work performed in the performance of services. If any of the
services do not conform with the terms of this Contract,then the State may require the
Contractor to perform the services again in conformity with the terms of this Contract,with
no additional compensation to the Contractor for the reperformed services.
When defects in the quality or quantity of the services cannot be corrected by reperformance,
then the State may: 1. require the Contractor to take all necessary action(s) to ensure that the
future performance conforms to the terms of the Contract; and,2. equitably reduce the
Rev. 02/03/98): GENERAL PROVISIONS
Page 6 of 14
980349
payments due to the Contractor under this Contract to reflect the reduced value of the
services performed by the Contractor. These remedies in no way limit the other remedies
available to the State as set forth in this Contract.
4. The Contractor authorizes the State,or its authorized agents,to perform audits and to make
inspections for the purpose of evaluating the Contractor's performance under this Contract.
5. Either party shall have the right to terminate this Contract by giving the other party thirty
(30)calendar days notice by certified mail,return receipt requested. If notice is so given,
this Contract shall terminate upon the expiration of the thirty(30)calendar days, and the
liability of the parties hereunder for the further performance of the terms of this Contract
shall thereupon cease,but the parties shall not be relieved of the duty to perform their
obligations up to the date of termination.
6. If this Contract involves the expenditure of federal funds,then this Contract is contingent
upon the continued availability of those federal funds for payment pursuant to the terms of
this Contract. The 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,as applicable;
B. the"Hatch Act"(5 U.S.C. 1501-1508) and Public Law 95-454,Section 4728.
These federal statutes declare 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 U.S.C.
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 U.S.C. 6101 et seq,42 U.S.C. 2000d,29 U.S.C. 794. These Acts mandate 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;
E. the"Americans with Disabilities Act"(Public Law 101-336; 42 U.S.C. 12101,
12102, 12111 - 12117, 12131 - 12134, 12141 - 12150, 12161 - 12165, 12181 -
12189, 12201 - 12213 and 47 U.S.C. 225 and 47 U.S.C. 611);
F. if the Contractor is acquiring an interest in real property and displacing households
or businesses in the performance of this Contract,then the Contractor is in
compliance with the"Uniform Relocation Assistance and Real Property Acquisition
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980349
Policies Act", as amended(Public Law 91-646,as amended and Public Law
100-17, 101 Stat. 246 -256); and,
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).
7. By signing and submitting this Contract, the Contractor affirmatively avers 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 U.S.C. 701 et seq.); and,
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.
8. To be considered for payment, billings for payments pursuant to this Contract must be
received within sixty(60)calendar days after the period for which payment is being
requested. Final billings under this Contract must be received by the State within sixty(60)
calendar days of the end of this Contract's initial or successive terms.
9. If applicable,"Local Match"shall be included on all monthly payment statements,in the
column provided therefor, as required by the funding source.
10. If the Contractor receives federal funds in an aggregate amount per year from the State
which exceeds the applicable threshold dollar amount specified in Office of Management
and Budget Circulars A-128 or A-133,whichever is applicable,then the Contractor shall
conduct an annual audit,by an independent certified public accountant,which meets the
requirements of Office of Management and Budget Circulars A-128 or A-133,whichever is
applicable. If the Contractor is required to submit an annual indirect cost proposal to the
State for review and approval,then the Contractor's auditor shall audit the proposal in
accordance with the requirements of Office of Management and Budget Circulars A-87,
A-21,or A-122,whichever is applicable. The Contractor shall furnish one(1)copy of the
audit report(s)to the State's Accounting Office within thirty(30)calendar days of issuance;
but in no event later than nine(9)months after the end of the Contractor's fiscal year.
If(an)instance(s)of noncompliance with federal laws and regulations occurs,then the
Contractor shall take all appropriate corrective action(s)within six(6)months of the
issuance of(a)report(s). The Contractor shall grant the State,or its authorized agents,
access to the Contractor's relevant records and financial statements. The Contractor shall
retain all such records and financial statements for a period of three(3)years after the date
of issuance of a final audit report. This Contract(DOES/DOES NOT)contain federal
funds as of the date it is signed. This requirement is in addition to any other audit
requirements contained in other paragraphs of this Contract.
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11. The Contractor shall not use federal funds to satisfy federal cost sharing and matching
requirements unless approved in writing by the appropriate federal agency.
12. Neither the Contractor nor the State shall be liable to the other for any delay in,or failure of
performance of,any covenant or promise contained in this Contract;nor shall any delay or
failure constitute default or give rise to any liability for damages if, and only to the extent
that,such delay or failure is caused by a supervening cause. As used in this Contract,
"supervening cause"is defined to mean: an act of God,fire,explosion, action of the
elements,strike,interruption of transportation,rationing,court action, illegality,unusually
severe weather,war,or any other cause which is beyond the control of the affected party and
which, by the exercise of reasonable diligence,could not have been prevented by the affected
PAY.
13. It is expressly understood and agreed to between the parties that the enforcement of the
terms and conditions of this Contract,and all rights of action related to such enforcement,
shall be strictly reserved to the State and the named Contractor. Nothing contained in this
Contract shall give or allow any claim or right of action whatsoever to or by any third
person. Nothing contained in this Contract shall be construed as a waiver of any provision
of the Colorado Governmental Ammunity Act,section 24-10-101 et seq.,C.R.S.,as
amended. It is the express intent of the State and the named Contractor that any person or
entity,other than the State or the named Contractor,receiving services or benefits under this
Contract shall be deemed an incidental beneficiary only.
14. To the extent that this Contract may be executed and performance of the obligations of the
parties may be accomplished within the intent of this Contract,the terms of this Contract are
severable. If any term or provision of this Contract is declared invalid by a court of
competent jurisdiction,or becomes inoperative for any other reason,then such invalidity or
failure shall not affect the validity of any other term or provision of this Contract.
15. The waiver of a breach of a term or provision of this Contract shall not be construed as a
waiver of a breach of any other term or provision of this Contract or, as a waiver of a breach
of the same term or provision upon subsequent breach.
16. This Contract is in the nature of personal/purchased services. Therefore,except for accounts
receivable,the rights,duties, and obligations of the Contractor cannot be assigned,
delegated,or otherwise transferred,except with the prior,express,written consent of the
State.
17. Except as otherwise provided for herein,this Contract shall inure to the benefit of, and be
binding upon,the parties hereto and their respective successors and assigns.
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18. Unless otherwise provided for in this Contract,the Contractor shall notify the State,within
five(5)working days after being served with a summons,complaint,or other pleading in a
case which involves any services provided under this Contract and which has been filed in
any federal or state court or administrative agency. The Contractor shall immediately deliver
copies of any such documents to the State.
19. This Contract is subject to such modifications as may be required by changes in applicable
federal or state law,or federal or state implementing rules,regulations,or procedures of that
federal or state law. Any such required modification shall be automatically incorporated
into, and be made a part of,this Contract as of the effective date of such change as if that
change was fully set forth herein. Except as provided above,no modification of this
Contract shall be effective unless such modification is agreed to in writing by both parties in
an amendment to this Contract that has been previously executed and approved in
accordance with applicable law.
20. Notwithstanding anything herein to the contrary,the parties understand and agree that all
terms and conditions of this Contract, and the exhibits and attachments hereto,which may
require continued performance or compliance beyond the termination date of this Contract
shall survive such termination date and shall be enforceable as provided herein in the event
of a failure to perform or comply by a party to this Contract.
21. The captions and headings used in this Contract are for identification only, and shall be
disregarded in any construction of the terms,provisions, and conditions of this Contract.
22. The parties hereto agree that venue for any action related to this Contract shall be in the City
and County of Denver,Colorado.
23. This Contract is 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 Fiscal Rules of the State of
Colorado.
E. SPECIAL PROVISIONS'
CONTROLLER'S APPROVAL
2 Form 6-AC-02C (GEN060197) Revised 06/01/97
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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
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 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
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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
advertisements; 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.
(c) 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.
(f) 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.
(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 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
Page 12 of 14
980349
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. Any provision of this contract whether or
not incorporated herein by reference which provides for arbitration by any extra-judicial body or person or
which is otherwise in conflict with said laws,rules, and regulations shall be considered null and void.
Nothing contained in any provision incorporated herein by reference which purports to negate this or any
other special provision in whole or in part shall be valid or enforceable or available in any action at law
whether by way of complaint,defense,or 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. Pursuant to CRS 24-30-202.4 (as amended),the state controller may withhold debts owed to state
agencies under the vendor offset intercept system for: (a)unpaid child support debt of child support
arrearages; (b)unpaid balance of tax,accrued interest,or other charges specified in Article 22,Title 39, CRS;
(c)unpaid loans due to the student loan division of the department of higher education; (d)owed amounts
required to be paid to the unemployment compensation fund ; and(e) other unpaid debts owing to the state
or any agency thereof, the amount of which is found to be owing as a result of final agency determination or
reduced to judgement as certified by the controller.
Page 13 of 14
950349
10. 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.
11. 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 HEALTH DEPARTMENT State of Colorado
(Full Leal Name) WELD COUNTY B ART) OF ROY ROMER, GOVERNOR
l'! COMMISSIONER
By ___ ,�7__. - • " Lt i _
onstance L. Harber "-� _
(03/04/98) '. ��
Position(Title) Chair ByA.C / a'
846000813 B
Social Security Number or Federal I.D. Number Department of
PUBLIC HEALTH AND ENVIRONMENT
If Corporati..i', o 1,• , .
� ty :r vale
PROGRAM APPROVA :
Attest Affi, SEA '
( ) ' Julie Akin,Admin. Progra S ecialist
•
in
By lsci �_Z( � !>:'!�l I, Dc.uty
naptitttdalfabi #s)(tebItira8}XClerk to the Board
APPROVALS:
APPROVALS:
ATTORNEY GENERAVI e t‘' Nortort CONTROLM 1TE CONTR LLER \
.r Generau CLIF L
72/ �ifrL r)/ /0
By n By RV.
kale A.Norton lames E. � General Clifford . 14 11
`- assistant Attorney
State Services Section
WELD COUNTY DE RTME T.,
BY: •
N S. PICKLE, M.S.E.H,
DIRECTOR
Page 14 of 14
Attachment A t4
1998 Preventive Health and Health Sen ices Block Grant
Submitted by: Health Education Standards Task Force (Health Education Council and CPHA -
Health Education Section) Housed at the Weld County Health Department
Contact: Lesli Bangert (970-353-0586)
1. Health Education Standards (Agency Assessment and Training)
2. HP 2000 Objective- Objective 8.1 Increase years of healthy life to at least 65 years.
3. Problem - Health Promotion and Education activities are implemented at the local level
by a broad range of disciplines. The Health Education Needs Assessment (HENA)
performed throughout the state in 1992 by the Community Health Education Section of
CDPHE indicated a strong local interest in and need for health education competency
building on the part of the local County Nursing Services, Health Officers and local
County Health Departments. No other coordinated program exists to identify need and
provide accessible training for the proscribed set of skills associated with health education
as defined by the National Center for Health Education Credentialing. This is an
application for continued funding for the third year of a three year project.
4. Program summary - Year One (3/96 - 3/97). Agency capacity assessments were
performed at 13 of 14 organized health departments and at 17 county nursing services
requesting the assessment. Results were used to develop a regional training program
calendar for years two and three. Year Two (3/97 - 3/98). Assessments will be •
performed at other county nursing services as requested. Training based on identified
needs will be provided on local and regional levels to increase health education/health
promotion competencies among staff at local organized public health units. Training will
utilize existing resources in the state (Action for Healthy People, CDPHE Health
Education Section, the University of Northern Colorado, CU Health Sciences Center) and
expert resources employed at local public health units. Six regional training workshops
are scheduled for June, 1997 on Community Development. Connecting Colorado
Statewide Coalition (ADAD) is co-sponsoring these workshops and will collaborate on
future training efforts. Workshops have been scheduled with the Colorado Health
Information Dataset Project. This collaboration with another Preventive Health and Health
Services Block Grant Project has extended resources and minimized travel time. Thirty
people participated in the Ft. Collins training on June 5th and as of June 13, 1997, 70
individuals have registered for the remaining 5 workshops offered in June. The Health
Education Director at the local health agency assisted with organizing the regional
workshop. Three health departments are providing rooms for the training. In the
remainder of Year Two, we will provide training in six regions in Colorado on each of the
following topics: Advocacy, Incorporating Diverse Cultures in Program Planning, and
Community Assessment.
The "Resource Rolodex", a statewide computerized resource to facilitate
Page 1 of 2 980349
•
identification of professionals with specific skills and expertise to assist other public health
agencies, staff and professionals with technical assistance needs was developed with the
assistance of the CoHID Data Specialist and a multi-agency workgroup. It is housed at the
Weld County Health Department and the data is currently available to local public health
agencies. Connecting Colorado is utilize this database as well
In Year Three, training will be provided on Program Evaluation, Strategic
Planning, Marketing, Media, and Financial Management. Efforts will focus on
institutionalizing health promotion capacity.- Through individual follow up with the local
public health units, an action plan will be developed to incorporate the skills learned
'during the trainings. The Health Education project coordinator will continue collaboration
with the CDPHE Health Education Section Regional Specialists to develop these action
plans. Collaborative efforts with Connecting Colorado to extend resources will be
continued. The "Resource Rolodex" data base will be expanded and Internet access to the
database developed. We will collaborate with Connecting Colorado to share the costs
associated with maintaining the database while developing the resources to permanently
maintain and house the "Resource Rolodex".
•
Page 2 of 2
•
980349
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980349
ATTACHMENT C
STATE OF COLORADO
Roy Romer,Governor
Patti Shwayder, Executive Director AF-Co43
Dedicated to protecting and improving the health and environment of people of Colorado
4300 Cherry Creek Dr.S. Laboratory and Radiation Services Division **t ' **/
Denver,Colorado 80222-1530 8100 Lowry Blvd. *1876 Phone(303)692-2000 Denver CO 80220-6928
(303)692-3090 Colorado Department
of Public Health
and Environment
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
By:
Print Name: For the Executive Director
Colorado Department of Public Health
Title: and Environment
APPROVALS: APPROVALS:
PROGRAM CONTROLLER
By:
By:
Clifford W. Hall
•
980349
ATTACHMENT D
STATE OF COLORADO
Roy Romer,Governor
Patti Shwayder, Executive Director key- o��
Dedicated to protecting and improving the health and environment of the people of Colorado „� g
4300 Cherry Creek Dr.S. Laboratory and Radiation Services Division * Gy
Denver,Colorado 80222-1530 8100 Lowry Blvd. '1876'
Phone(303)692-2000 Denver CO 80220-6928
(303)692-3090 Colorado Department
of Public Health
and Environment
State Fiscal Year 19_-_ Contract Routing Number
Contract Renewal 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 ,the parties hereby
agree the Original Contract is hereby renewed for the period of , 199_through , 199_The
parties agree that the maximum amount payable by the State for the eligible services during this renewal period is
DOLLARS ($ )according to the work plan attached hereto as Attachment A and the budget
attached hereto as Attachment B, both incorporated herein. The terms of conditions of the Original Contract are hereby
reaffirmed and shall continue in full force and effect throughout this renewal period unless otherwise stated.
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
By:
Print Name: For the Executive Director
Colorado Department of Public Health
Title: and Environment
APPROVALS: APPROVALS:
PROGRAM CONTROLLER
By: By:
Clifford W. Hall
980349
mEmoRAnDum ^tELD Ctl , T'.
rt Constance L. Harbert, Chair .
To Board of County Commissioners Date March 2, 1998 .,
COLORADO _ L_h:;,
From John Pickle, Director, Health Department
Subject: Health Education Standards Grant Cont
Enclosed for Board review and approval is a contract between the Weld County Health
Department and the Colorado Department of Public Health and Environment for use of
Preventive Health and Health Services Block Grant funds to coordinate and support efforts to
enhance health education at state and local levels.
This is renewal funding for the third year of the program. The grant will fund a half-time health
education specialist to help local health departments perform an agency assessment of capacities
to do health education functions. This person will also work with local health departments to
develop a health education strategic plan and to develop a training plan to build health education
competency for local health departments throughout the state.
For these services, the Health Department will receive a sum not to exceed $25,000. The term of
the contract is from March 1, 1998 through February 28, 1999.
I recommend your approval of this contract.
980349
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