HomeMy WebLinkAbout951455.tiffRESOLUTION
RE: APPROVE CONTRACT FOR ASSIST PROJECT CONTINUATION FUNDS BETWEEN
HEALTH DEPARTMENT AND COLORADO DEPARTMENT OF PUBLIC HEALTH AND
ENVIRONMENT AND AUTHORIZE CHAIRMAN TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Contract for the ASSIST Project
Continuation Funds 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, for October 1995, through September
1996, 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 the ASSIST Project Continuation Funds between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, on behalf of the Weld County Health Department and the Colorado Department of Public
Health and Environment be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized
to sign said contract.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 26th day of July, A.D., 1995.
BOARD OF COUNTY COMMISSIONERS
WFL,D COUNTY, COLORADO
ATTEST:
Weld County CJck{e�tfZe Beard
t
BY. (1'
eputy Clerk to he Board -
APP
D AS TO FO
ounty Attorn:y
Cc : Ham; Slr)Jjf
r
Dale
ara J. Kirkmeyer, Pro-
FXCIISFn
George E. Baxter
Fxrl isPn
Constance L. Harbert
i
!\y/ (,7
/f /1
W. H. Webster
951455
HL0021
Form 6 -AC -02A (R 5/91)
CONTRACT
Department or Agency Name
Health
Department or Agency Number
260000 — FLA
Contract Routing Number
960041
THIS CONTRACT, made this 1st day of August, 1995, by and between the State of Colorado for the use and benefit of
the Department of Public Health and Environment, 4300 Cherry Creek Drive South. Denver. Colorado 80222-1530 hereinafter
referred to as the State and Weld County Health Department. 1517 16th Avenue Court, Greeley, 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 PPG960041, in Fund Number 100, Appropriation Account 773, and Organization 7370; and
WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and
WHEREAS, tobacco use is the leading preventable cause of death and disability in Colorado; and
WHEREAS, the State of Colorado, Department of Public Health and Environment has received
funding from the National Cancer Institute (NCI) to conduct an American Stop Smoking Intervention
Study (ASSIST) to reduce the prevalence of smoking by the year 2000; and
WHEREAS, the National Cancer Institute has approved the Colorado ASSIST 1995-96 Annual
Action Plan and Channel deliverables; and
WHEREAS, the Contractor is considered by the State to have the necessary expertise and personnel
to assist with implementation of the 1995-96 Annual Action Plan and their services 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 agree as follows:
1. The Contractor will provide to the State the following services:
a. Facilitate local youth coalitions that develop and present information in support of any of the
five Community Environment state channel objectives (Youth Access, Price, Advertising,
Public Smoking, Cues and messages).
b. Improve merchant practices regarding tobacco sales to youth.
c. Implement a comprehensive marketing and communications plan to enlist businesses and
business organizations in tobacco prevention/reduction activities.
Page 1 of 6 pages
951455
d. Develop partnerships with other community groups with emphasis on diverse groups, to
promote action on tobacco issues within their organizations after ASSIST funding ends.
e. Train health care providers.
f. Promote comprehensive school health.
2. The Contractor will provide monthly progress reports towards accomplishment of the activities
stated above for the Weld County Primary Intervention Community. The Contractor is required
to attend the Colorado ASSIST Alliance Board meetings and other meetings required by the
Colorado ASSIST Project Manager.
3. The Contractor will acknowledge Colorado ASSIST Alliance and its co-sponsors, the Colorado
Department of Public Health and Environment and the American Cancer Society, Colorado
Division, on any materials developed under this contract.
4. The State will, in consideration of said services by the Contractor, cause to be paid to the
Contractor a sum not to exceed FORTY-EIGHT THOUSAND SEVEN HUNDRED THREE
DOLLARS ($48.703.00) in the following manner:
a. Upon receipt of signed monthly statements, submitted in duplicate requesting reimbursement
for services rendered at the rate of $4.055.00 per month for eleven months (October, 1995 -
August, 1996) and $4,098.00 for one month (September, 1996). Statements shall reference the
contract number, list dates, amounts, brief description of activities and total requested.
Reimbursement shall be conditioned upon affirmation by the State of full and satisfactory
compliance with the terms of this contract.
b. Final statement shall be submitted not later than 60 days after completion of the contract term.
c. Said statements shall be sent to the Division of Prevention Programs, ASSIST Project, PPD-
ASSIST-A5, 4300 Cherry Creek Drive South, Denver, Co. 80222-1530.
5. The term of this contract is beginning October 1. 1995 and continuing through September 30,
1996.
Page 2 of 6 pages
951455
COLORADO DEPARTMENT OF HEALTH - hereinafter, under the General Provisions referred to as -
"Health".
GENERAL PROVISIONS --.page 1 o 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. reouired.emplovment.taxes.and income tax:withho'ldinz.'shall'provide and'. -
keep in force worker' s' compensation (and.show proof -of such insurance)" and 'unemplovmen't•
compensation insurance in the amounts 'required by law: • Contractor will be solely
responsible for its acts and the acts of its agents, employees, servants and
subcontractors during the performance of this contract.
2. Contractor authorizes Health, or its agents, to perform audits and to make
inspections for the purpose of evaluating performance under this contract.
3. Either party shall have the right to terminate this agreement by giving the other
party thirty days notice by registered mail, return receipt requested. If notice is so
given, this agreement shall terminate on the expiration of the thirty days, and the
liability of the parties hereunder for the further performance of the terms of this
agreement shall thereupon cease, but the parties shall not be relieved of the duty to
perform their obligations up to the date of termination.
4. This agreement is intended as the complete integration of all understandings
between the parties:. No prior or contemporaneous addition, deletion, or other amendment
hereto shall have any force or:effect whatsoever, unless embodied herein in writing. No
subsequent novation, renewal, addition, deletion, or other amendment hereto shall have
any force or effect unless embodied in a written contract executed and approved pursuant
to the State Fiscal Rules.
5. If, this contract involves the expenditure of federal funds, this contract is
contingent upon continued availability of federal funds for payment pursuant to the
terms of this agreement. Contractor also agrees to fulfill the requirements of:
a) Office of Management and Budget Circulars A-87, A-21 or A-122, and A-102 or
A-110, whichever is applicable;
b) the Hatch Act (5 USC 1501-1508) and Public Law 95-454 Section 4728. These
statutes state that federal funds cannot be used for partisan political purposes of any
kind by any person or organization involved in the administration of•federally-assisted
programs;
c) the Davis -Bacon Act (40 Stat. 1494, Mar. 3, 1921, Chap. 411, 40 USC
276A -276A-5). This act requires that all laborers and and mechanics employed by
contractors or sub -contractors to work on construction projects financed by federal
assistance must be paid wages not less than those established for the locality of the
project by the Secretary of labor;
d) 42 USC 6101 et seq, 42 USC 2000d, 29 USC 794. These acts require that no
person shall, on the grounds of race, color, national origin, age, or handicap, be'
excluded from participation in or be subjected to discrimination in any program or
activity funded, in whole or in part, by federal funds; and
Page _ 3 of 6 Pages
Rev. 06/01/92
951455
GENERAL PROVISIONS --Page 2 of 2 pages
e) the Americans "with Disabilities Act (Public Law 101-336; 42 USG 12101, 12102,
12111 - 12117, 12131 - 12134, 12141 - 12150, 12161 - 12165, 12181 - 12189, 12201.- 12213
and 47 USC 225 and 47 USC 611.
f) if the contractor is acquiring .real property and displacing households or
businesses in the performance of this contract, the contractor is in compliance with the
Uniform Relocation Assistance and Real Property Acquisition Policies Act, as amended
(Public Law 91-646, as amended and Public Law 100-17, 101 Stat, 246 -.256);. .
•
g)' when. applicable, the contractor is in•compliance with the provisions of -the'
"UniformT-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; and
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,
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. IfContractoris 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 (1002)
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.
•
Rev. 06%01/92
Page 4 of 6 Pages
951455
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 arc 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, provender or other supplies used orconsumed 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 thesurety will pay the same in
r 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, allotied 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 lien 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 advertising= lay-offs or terminations: rates of pay or other forms of compensatior1 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 lo race, weed, color, national origin, sex. marital status, religion; ancestry, mental or physical handicap,
or age.
(e) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other corset 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 Governoror 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 sire, 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 orprevent 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 -029
Rcviscd 1/93
395-53-01-1022
5 6
Page— of __ pages
951455
(g) In the event of the contractor's non-compliance with the non-discrimination clauses of this contact or with any of such rules, regulations, or orders.
this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further State contracts in
accordance with procedures. authorized in Executive Order. Equal Opportunity and Affirmative Action of April 16. 1975 and the rules. regulations. or
orders promulgated in accordance therewith, and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order.
Equal Opportunity and Affirmative Action of April 16. 1975, or by rules, regulations, or orders promulgated in accordance therewith, or as otherwise
provided by law.
(h) The contractor will include the provisions of paragraphs (a) through (h) in every sub -contract and subcontractor purchase order unless exempted by
rules, regulations, or orders issued pursuant to Executive Order. Equal Opportunity and Affirmative Action of April 16, 1975. so that such provisions will
be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontracting or purchase order as the contracting
agency may direct. as a means of enforcing such provisions, including sanctions for noncompliance: provided. however. that in the event the contractor
becomes involved in. or is threatened with, litigation, with the subcontractor or vendor as a result of 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.
'OLORADO 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
re financed in whole or in pan by State funds.
b. When a construction contract for a public project is to be awarded to a bidder, a resident bidder shall be slowed a preference against a non-resident bidder from
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
n nffoes responsible for awarding the bid that compliance with this subsection .06 may cause denial of federal funds which would otherwise be available or would
thetwiss be Inconsistent with requirements of Federal law. this subsection shall be stipends& but only to the extent necessary to prevent denial of the moneys or to
'intimate the inconsistency with Federal requirements (CRS 1-19-101 and 102)
:ENERAL
7. The laws of the State of Colorado and roles and regulations issued pursuant thereto shall be applied in the interpretation. executiea and esdanemea of this
for arbitration by any extra -judicial body or person or which
coact. Any provision of this contract whethersor not o shall herein by reference whichd provides herein by reference
e otherwise o conflict with said laws. roles, and regulations shall be considered null and void. Nothing contained is any provision incorporated
thick purports to negate this or any other special provision in whole a6 put shall be valid orenfotwble oravailable in any action at law whether by way of complaint.
deuce, 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
attract is capable of execution.
8. M 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
eon or may hereafter be established.
9. The signatories aver that they are familiar with CRS 18-8.301. a. seq., (Bribery and Corrupt Influences) and CRS 18-8-401. a. seq., (Abuse of Public Office),
d 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:
N WITNESS WHEREOF, the panes hereto have executed this Contract on the day first above written.
:ontractor: Weld County, Colorad
Full Lc. /
Dal �y'(
Weiq
'ositioiiCtitle -.a .. atilrman
07 26 95
f Commissioners
( Corporation:)
utest (Sal)
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SalThilt JAJ, deputy
sditalt*LA3alRagl:san1YC1at to Board
k7TORNEY GENER
3y
'ono 6 -AC -02C
tcviscd 1/93
i95d}0I-t030
GALE A. NORTON
DEPARTMENT
OF
HEALTH
WELD COUNTY A TH DE RTM
B
APPROVALS
CONTROLLER
By
Page 6 which is the last of 6 pages
'Sec instructions on '<•M{ side
Et:
PI ^f'E, M.S.E.H.
DIRECTOR
ROYALS:
PTE CONTROLLE3
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PROGRAM APPROVAL; SS>-, -J0\-'-
951455
ASSIST Budget
Weld County
Personnel
1 FTE Field Coordinator - $29,643.00
($13.92/hour X 40 hours/week X 11 weeks =$ 6,125.00)
($14.34/hour X 40 hours/week X 41 weeks = $23,518.00)
18% Fringe Benefits - $5336
Community Environment Channel
Promotional Materials $ 345.00
Meetings 700.00
Printing 700.00
Stipends 400.00
Training 150.00
Media 200.00
Health Care Channel
Promotional Materials
Meetings
Trainer Fees
Media
Community Groups Channel
Meetings
Printing
Worksites Channel
Meetings
Printing
Materials
Mailing
Media
Schools
Promotional Materials
Meetings
Printing
Stipend
Media
$ 300.00
450.00
500.00
150.00
$ 150.00
50.00
$ 250.00
300.00
200.00
150.00
100.00
$ 200.00
100.00
300.00
200.00
400.00
$34,979.00
$ 2,495.00
$ 1,400.00
$ 200.00
$ 1,000.00
$ 1,200.00
Administrative Overhead $ 7,429.00
(18% of direct costs)
TOTAL AMOUNT REOUESTED $48.703.00
951.55
Ati've
COLORADO
mEmoRAnDum
To DALE HALL, BOCC CHAIR DateJULY 21, 1995
From
JOHN PICKLE, MSEH, HEALTH DEPARTIIJENT DIRECT
Subject CONTINUATION FUNDS FOR THE ASSIST PROJECT
CLEF:
ASSIST Project
Continuation Funds
October 1995 - September 1996
The Health Promotion Division receives funds from the Colorado Department of Health's
ASSIST Project to implement the local Weld County Lasso Tobacco Project. Attached is the
budget summary and four original contracts for the FY96 (October 1995 - September 1996).
The focus of the plan for FY1996 is to increase youth involvement in tobacco prevention. The
Coordinator of the project will work with a youth coordinator to recruit 8th and 9th graders to
participate on a tobacco -free youth coalition. The members of the coalition will be trained on all
aspects of tobacco use and prevention. Once trained, the youth will implement prevention
programs in the 4th and 6th grades. The youth will also work on other issues such as; youth
access to tobacco, anti -tobacco poster contests, and implementing or strengthening clean indoor
air policies.
In addition to the youth coalition, the ASSIST Project Coordinator will work with the Lasso
Tobacco Weld County Task Force on the following areas:
Coordination of training for health care providers on how to incorporate tobacco
cessation with regular patient visits.
• Work with the Hispanic population to increase awareness of how the tobacco industry
targets minorities and to encourage participation on the Weld County Lasso Tobacco
Task Force.
• Work with businesses in Greeley and surrounding areas to encourage implementation of
tobacco policies for their employees.
• Work with school administration in Weld County to provide technical assistance for the
maintenance and enforcement of the tobacco -free school policy.
If you approve the contract, signatures are needed on page 6 of the four originals. Please contact
me at extension 2205 if you have any questions.
951455
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