HomeMy WebLinkAbout950231.tiffRESOLUTION
RE: APPROVE RENEWAL LETTER NO. 1 BETWEEN HEALTH DEPARTMENT AND THE
COLORADO DEPARTMENT OF HEALTH AND ENVIRONMENT AND AUTHORIZE
CHAIRMAN TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with Renewal Letter No. 1 for the Tuberculosis
Outreach Contract between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, on behalf of the Health Department, and the Colorado
Department of Health and Environment, Disease Control and Environmental Epidemiology Division,
commencing February 1, 1995, and ending January 31, 1996, with further terms and conditions
being as stated in said letter, and
WHEREAS, after review, the Board deems it advisable to approve said letter, 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 Renewal Letter No. 1 for the Tuberculosis Outreach Contract between
the County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, on behalf of the Health Department, and the Colorado Department of Health and
Environment, Disease Control and Environmental Epidemiology Division, be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized
to sign said letter.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 15th day of February, A.D., 1995, nunc pro tunc February 1, 1995.
Weld County Clerk to the Board
BY: ( izi4
Deputy Clerk to the Board
APPROVED AS TO FORM:
Cs : f1G
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
FXCI ISFIl
Dale K. Hall, Chairman
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Barbara J. Kirkmeye7,
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FXCI ISFf) IlATF C)F SIANINf
Constance L. Harbert
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950231
HL0021
f'onn 6 -AC -02A (R I/$$)
DEPARTMENT OR AGENCY NUMBER
FAA
CONTRACT ROUTING NUMBER
94-0889
CONTRACT
THIS CONTRACT, made this 1st day of January 1994 by and between the State of Colorado for the use
and benefit of the Department of Health, 4300 Cherry Creek Drive South, Denver, Colorado 80222-1530
hereinafter referred to as the State, and the Weld County Health Department, 1517 16th Street, Greeley,
Colorado, 80631 hereinafter referred to as the Contractor.
WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and
otherwise made available and a sufficient unencumbered balance thereof remains available for payment
in Fund Number 100, APPR code 363, Contract Encumbrance Number FAA EPI940889; and
WHEREAS, required approval, clearance and coordination has been accomplished from and with
appropriate agencies; and
WHEREAS, the State of Colorado and the Disease Control and Environmental Epidemiology
Division of the Colorado Department of Health (CDH) has received funding from the Department of
Health and Human Services, Centers for Disease Control and Prevention (CDC), to conduct a
Tuberculosis Outreach Program in the Weld County area in order to reduce reported tuberculosis (TB)
cases; and
WHEREAS, the Contractor is considered by the State to have the necessary expertise, facilities
and personnel to provide the services as herein set forth; and
NOW THEREFORE, it is hereby agreed that for and in consideration of their mutual promises
to each other, hereinafter stated, the parties agree as follows:
1. The Contractor will, through the services of one balf-time outreach worker to conduct an outreach
program to contact TB patients to ensure that the patients receive the information and education needed
to facilitate their own care. The half-time outreach worker shall be bilingual and will follow-up TB
patients and those on preventive treatment, treated in the Contractor's TB clinic and by other area
facilities to ensure that patients complete their chemotherapy and all follow-up examinations. The
outreach worker shall follow the CDC guidelines, and the TB Protocol Manual.
2. Quarterly reports shall be filed with the TB Program of the CDH relating to skin testing, active
TB cases treated, persons placed on preventive treatment and populations served, as required by CDC
and narrative report of the outreach worker's time and activities must be submitted semi-annually and
shall include:
a. A statement of progress in meeting the agreement objectives.
b. A statement of any difficulties or special problems encountered in meeting the agreement
objectives.
c. A statement of action plans designed to overcome or address difficulties and problems.
d.. A statement of populations served and the special needs of those populations which have
Page I of 6 Pages
950231
been met through the agreement, non -compliant patients, children, foreign -born, etc.
e. A statement of time spent by the outreach workers in TB prevention and follow-up
activities.
3. The State will, in consideration of said services by the Contractor cause to be paid to the
Contractor a sum not to exceed Twenty Thousand Eight Hundred Twenty -Three Dollars ($20,823.00)
for the period between February 1, 1994 and January 31, 1995. Funding for subsequent funding periods
will be set forth at the State's option in a Letter of Approval, sample attached and by this reference made
a part hereof as Attachment A, to be signed by the State and the Contractor and approved by the State
Controller or an approved designee. The dollar amount is subject to change based on differences between
estimated and actual funding appropriations and legislative approval. Reimbursement shall be conditioned
upon affirmation by the State TB Control Program that services were rendered in accordance with this
contract, as follows:
a. Upon receipt of signed monthly statements, submitted in duplicate, requesting
reimbursement for salaries at a rate of approximately 1/12 of the total contract amount per
month. Said statements shall list names of payees, dates amounts and a brief description
of payment. Reimbursement shall be contingent upon affirmation by the State TB Program
of full and satisfactory compliance with the terms of this contract.
4. Changes in reimbursement amounts for any of the budget periods for the above -named services
in consideration of increased or decreased levels of utilization from the levels funded in the original
contract, shall be made with approval of the Contractor, the State, the TB Program, and the State
Controller or an approved designee as evidenced by a mutually signed Letter of Approval, sample
attached and by this reference made a part hereof as Attachment B, to be signed by the State and the
Contractor and approved by the State Controller or an approved designee. which shall include the
following:
a. Identification of contract by contract number and number of the affected paragraph;
b. Type of services increased, decreased, or extended;
c. Amount of increase or decrease in funding and new total for current year;
d. Effective date of the funding change;
e. Authorized signatures of the State, the TB Program, the Contractor, and the State
Controller or an approved designee. It is understood that no change except in
utilization shall be made through the Letter of Approval.
5. Because the appropriation of funds is a legislative function, funding availability after Fiscal Year
1994 is contingent upon an annual appropriation of funds by the legislature, and in the event no
appropriation is made, this contract may be canceled and terminated with no penalty to the State.
6. The term of this contract is beginning February 1, 1994 and continuing through January 31, 1997.
Page 2 of 6 Pages
950231
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 workers.' compensation (and show proof of such insurance) and unemployment
compensation insurance in the amounts required by law. Contractor will be solely
responsible for its acts and the acts of its agents, employees, servants and
subcontractors during the performance of this contract. •
2. Contractor authorizes Health, or its agents, to perform audits and to make
inspections for the purpose of evaluating performance under this contract.
3. Either party shall have the right to terminate this agreement by giving the other
party thirty days notice by registered mail, return receipt requested. If notice is so
given, this agreement shall terminate on the expiration of the thirty days, and the
liability of the parties hereunder for the further performance of the terms of this
agreement shall thereupon cease, 'but the parties shall not be relieved of the duty co
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 ocher 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 Scat. 1494, Mar. 3, 1921, Chap. 411, 40 USC
276A -276A-5). This act requires that all laborers and and mechanics employed by
contractors or sub -contractors to work on construction projects financed by federal
assistance must be paid wages not less than those established for the locality of the
project by the Secretary of Labor;
d) 42 USC 6101 et seq, 42 USC 2000d, 29 USC 794. These acts require that no,
person shall, on the grounds of race, color, national origin, age, or handicap, be
excluded from participation in or be subjected to discrimination in any program or.
activity funded, in whole or in part, by federal funds; and
Page 3 of 6 Pages
Rev, 06/01/92
950231 1
GENERAL PROVISIONS--Page2 of 2 ; es
e) the Americans with Disabilities Act (Public Law 101-336; 42 USC 12101, 12102,
12111 - 12117, 12131 - 12134, 12141 - 12150, 12161 - 12165, 12181 - 12189,-12201 - 12213
and 47 USC 225 and 47 USC 611.
f) if the contractor is acquiring real property and displacing households or
businesses in the performance of this contract, the contractor is in compliance with the
Uniform Relocation Assistance and Real Property Acquisition Policies Act, as amended
(Public Law 91-646, as amended and Public Law 100-17, 101 Scat. 246 - 256);
g) when applicable, the contractor is in compliance with the provisions of the
"Uniform Administrative Requirements for Grants and Cooperative Agreements to State and
Local Governments (Common Rule).
6. By signing and submitting this contract the contractor states that:
a) the contractor is in compliance with the requirements of the Drug -Free
Workplace Act (Public Law 100-690 Title V, Subtitle D, 41 USC 701 et seq.);
b) the contractor is not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from covered transactions by any federal
department or agency.
7. To be considered for payment, billings for payment pursuant to this contract must
be received within 60 days after the period for which payment is being requested and
final billings on the contract must be received by Health within 60 days after the end
of the contract term.
8. If applicable, Local Match is to be submitted on the monthly payment statements, in
the column provided, as required by the funding source.
9. If Contractor receives $25,000.00 or more per year in federal funds in the
aggregate from Health, Contractor agrees to have an annual audit, by an independent
certified public accountant, which meets the requirements of Office of Management and
Budget Circular A-128 or A-133, whichever applies. If Contractor is required to submit
an annual indirect cost proposal to Health for review and approval, Contractor's auditor
will audit the proposal in accordance with the requirements of OMB Circular A-87, A-21
or A-122. Contractor agrees to furnish one copy of the audit reports to the Health
Department Accounting Office within 30 days of their issuance, but not later than nine
months after the end of Contractor's fiscal year. Contractor agrees to take appropriate
corrective action within six months of the report's issuance in instances of
noncompliance with federal laws and regulations. Contractor agrees to permit Health or
its agents to have access to its records and financial statements as necessary, and
further agrees to retain such records and financial statements for a period of three
years after the date of issuance of the audit report. This contract does (100%)
contain federal funds as of the date it is signed. This requirement is in addition to
any other audit requirements contained in other paragraphs within this contract.
10. Contractor agrees to not use federal funds to satisfy federal cost sharing and
matching requirements unless approved in writing by the appropriate federal agency.
Page 4 of 6 Pages
Rev. 06/01/92
950231
SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
I. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate. This
provision is applicable to any contract involving the payment of money by the State.
FUND AVAILABILITY
2. Financial obligations of the State 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 lb.
1975. Pursuant thereto, the following provision 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 ocher 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 oron 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 setae, creed, color,
tax, 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.
Form 6 -AC -0213
Revised 1/93
395-53-01-1022
page 5 of 6 pages
950231
(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 pen 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 end 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.
(b) 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 Older. 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 a 102 for preference of Colorado labor are applicable to this contract if public works within the State am undertaken hereunder and
are financed in whole or in pan by State funds.
b. When a construction convect 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 requited 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 this 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 1-19-101 and 102)
GENERAL
7. The laws of the State of Colorado and rules and regulations issued minuses thereto shall be applied in the interpretation. exectitim and enforcement of this
contact 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 voidNothing contained in any provision incorporated herein by reference
which purports to negate this or any other special provision in whole or in pan shall be valid or enforceable or available in any action at law whether by way of complaint
defence. or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contact to the extent that the
contract is capable of execution.
S. 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 suck 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 panics hereto have executed this Contract on the day first above written.
Contractor.
•
4k
(Full Legal Name) Weld County Health Department
Weld County _Board of ommissioners
/V// i i bl/i- 11 A7
02/28/94
Position (Title) Chairman
846000813 B
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Attest (
By
ATTORNEY GENERAL
' tb7<t
i-a+w'to 3oard
By
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Revised 1/93
39543-01.1030
STATE OF COLORADO
ROY ROMER, GOVERNOR
•s iaECTtx
DEPARTMENT
OF
HEALTH
for
Weld County Health Department
By:
APPROVALS John S. Pickle
Director
cormtou,ERWRIFIED INFORMATION COPY
By This original and two copies of this
contract have Deen signet) fly au
Page 6 which is the last of 6
'See insouctions on reverse side.
pages
state ofticiela required by law to
approve col
PROGRAM APPROVAL:
Cry
950231
STATE OF COLORADO
COLORADO DEPARTMENT OF HEALTH
Dedicated to protecting and improving the health and
environment of the people of Colorado
4300 Cherry Creek Dr. S.
Denver, Colorado 80222-1530
Phone: (303) 692-2000
Laboratory Building
4210 E. 11th Avenue
Denver, Colorado 802 20-3 71 6
(303).691-4700
January 1, 1995
State Fiscal Year 95-96
Contract Renewal Letter No. 1
Roy Romer
Governor
Patricia A. Nolan, MD, MPH
Executive Director
Routing Number 95-1552
In accordance with Paragraph 3 of contract routing number 94-0889 of contract number EPI940889,
(copy attached and by this reference made a part hereof) between the State of Colorado Department of
Health (Disease Control and Environmental Epidemiology Division) and Weld County Health
Department covering the period of February 1, 1995 through January 31, 1996 the undersigned agree
that the maximum amount payable by the State for eligible services is $20,899. The terms and conditions
of the original contract shall remain the same.
This amendment to the contract is intended to be effective as of 02/01/95, 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 copies of this letter on or before January 15, 1995 to:
Audrey Christensen
Colorado Department of
Public Health and Environment
DCEED-ADM-A3
4300 Cherry Creek Drive South
Denver, Colorado 80222-1530.
A verified copy of this letter will be returned to you when it is fully approved.
Weld County Health Department: State of Colorado:
Roy Romer, Governor
&eBarbara . Kirkter
Title Chairman Pro-Tem
Weld County Board of
Commissioners (2/22/95)
APPROVALS:
By:
L }' Koles . / Fiscal Officer
D�ease Control and Environmental
Epidemiology Division
By:
Lee Thielen, Assistant Director
For the Executive Director
Colorado Department of
Public Health and Environment
By:
State Controller or
Authorized Designee
9002 p Primed on Recycled Paper
mEmoRAnuum
Dale Hall, Chairman
To Board of County Commissioners
From
Date
February 10, 1995
John Pickle, Director, Health Department
Subject: Renewal Letter for TB Outreach Contract
I
Enclosed for Board review is a renewal letter between the Weld County Health Department
(WCHD) and the Colorado Department of Public Health and Environment for the Tuberculosis
Outreach Contract.
The amount of finding for the time period February 1, 1995 through January 31, 1996 has
increased by $76 over last year's amount with no changes in the requirements for Weld County
Health Department and its staff.
This contact is necessary to help fund TB follow-up within the County. I recommend your
approval of this renewal letter.
Enclosure
950231
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