HomeMy WebLinkAbout952401.tiffRESOLUTION
RE: APPROVE CONTRACT FOR HEALTH EDUCATION STANDARDS IMPLEMENTATION
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 use of Preventive Health and
Health Services Block Grant funds for Health Education Standards Implementation 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 October 1, 1995, and ending September 30, 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 use of Preventive Health and Health Services Block Grant
funds for Health Education Standards Implementation 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 6th day of December, A.D., 1995, nunc pro tunc October 1, 1995.
BOARD OF COUNTY COMMISSIONERS
ATTEST°
an" .�
Weld Coui ty Clerk to the Board
BY:
APP
Deputy Clerk'td the Board
cic . FkL
LD COUNTY. COLORADO
Dale K. Hall, Chairman
`2"/ •
--er e
"George E4axter
952401
HL0021
Form 6 -AC -02A (R 5/85)
DEPARTMENT OR AGENCY NAME
Public Health and Environment
DEPARTMENT OR AGENCY NUMBER
FAA
ROUTING NUMBER 960540
CONTRACT
THIS CONTRACT, Made this 1st day of October 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, CO
80222-1530 hereinafter referred to as the State, and Weld County Health Department hereinafter referred to
as the contractor,
WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made
available and sufficient uncommitted balance thereof remains available for encumbering and subsequent
payment of this contract under Encumbrance Number ADM960540 FAA in Fund Number 100, Appropriation
Account Number F86 and Organization Number 0020.
WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate
agencies; and
WHEREAS, the Contractor is considered by the State to be an appropriate agency to provide the services as
set forth in the attached scope of work for use of Preventive Health and Health Services Block Grant funds for
federal fiscal year 1995-96.
NOW THEREFORE, it is hereby agreed that for and in consideration of their mutual promises to each other,
hereinafter stated, the parties hereto agree as follows:
1. The contractor will provide the services outlined in the Scope of Work (Attachment A) which is by
reference made part hereof.
2. The Contractor will submit to the State, a six-month summary report detailing the achievements of the
program by April 15, 1996, and a twelve-month report by October 15, 1996.
3. The Contractor will submit to the State as a part of the report in item 2 above, data measuring
movement toward the goals listed.
4. The Contractor agrees that the State will, at the State's option, perform a comprehensive evaluation
of these projects including an on -site review.
5. The State will, in consideration of said services by the Contractor, cause to be paid to the Contractor
a sum not to exceed $22,800.00 as follows:
a, Reimbursement will be made upon receipt of signed statements, submitted quarterly, stating
dates of services, brief description of services, amounts and total requested. Statements shall
also include the name of the program, the contract number and the time period being billed.
Quarters shall be based on the federal fiscal year beginning 1/1, 4/1, 7/1 and 10/1.
Reimbursement shall be conditioned upon affirmation by the State of full and satisfactory
compliance with the terms of this contract.
95241
b. Expenditures shall be in accordance with the items reflected in Attachment A.
c. Said contract reimbursement invoices shall be sent to , Roger Donahue.
6. The term of this contract is beginning October 1, 1995 and continuing through September 30, 1996.
Page 2
9524,91
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
)seep 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 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 ad444tion, 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 37_ of Pages
Rev. 06/01/92
952NA 1
GENERAL PROV.t$ ION$--Page..2 .of 2 pages
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 Stat. 246 - 256);
g) when applicable, the contractor is in compliance with the provisions of the
*Uniform Administrative Requirements for Grants and Cooperative Agreements to State and
Local Governments (Common Rule).
6. By signing and submitting this contract the contractor states that:
a) the contractor is in compliance with the requirements of the 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 Il dE s
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
952491
SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate. This
provision is applicable to any contract involving the payment of money by.the State.
FUND AVAILABILITY
2. Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated. budgeted,
and otherwise made available.
BOND REQUIREMENT
3. If this contract involves the payment of more than fifty thousand dollars for the construction, erection, repair, maintenance, or improvement of any building.
road, bridge. viaduct, tunnel, excavation or other public work for this State, the contractor shall, before entering upon the performance of any such work included
in this contract, duly execute and deliver to the State official who will sign the contract, a good and sufficient bond or other acceptable surety to be approved by
said official in a penal sum not less than one-half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate
surety conditioned upon the faithful performance of the contract and in addition, shall provide that if the contractor or his subcontractors fail to duly pay for any
labor, materials, team hire, sustenance, provisions, provendor or other supplies used or consumed by such contractor or his subcontractor in 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 instil State contractroPairbbcontracts.
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 advenisings; 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; noticeto he provided by the contracting officer, advising the labor union or workers' representative of the contractor's commitment under the
Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975. and of the rules, regulations, and relevant Orders of the Governor.
(d) The contractor and labor unions will furnish all information and reports required by Executive Order, Equal Opportunity and Affirmative Action of April
16. 1975. and by the rules, regulations'and Orders of the Governor, or pursuant thereto, and will permit access to his books, records, and accounts by the
contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules, regulations and orders.
(e) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization. or expel any such individual
from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity because of race, creed, color.
sex, national origin. or ancestry.
(f) A labororganization, 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 contractor any order issued thereunder; or attempt. either directly
or indirectly, to commit any act defined in this contract to be discriminatory.
Form 6 -AC -02B
Revised 1/93
395-53-01-1022
5 6
page_ _ of pages
9521.91.
(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 order:,
this contract may be canceled. terminated or suspended in whole or in put and the contractor may be declared ineligible for further State contracts in
accordance with procedures, authorized in Executive Order, Equal Opporttmity.ard Affirmative Action of April 16, 1975 and the rides. mutations. 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 like spa 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 aon.complanee: provided. however. that is the event the contractor
becomes involved is or is threatened with. litigation. with the subcontractor or vendor as a spilt of such direction by the contracting agency, the contractor
may ropiest the State of Colorado to enter into such litigmioa to proem the interest of the Stare of Colorado.
COLORADO LABOR PREFERENCE
6a Provisions OCRS S -17-101 & 102 for preference of Colorado labor me applicable to this contract if public works within the Stele are undertaken hereunder and
are fiaesced in whole or in part by State funds.
b. When a construction contact far a public project is le be awarded so a bidder. a resides bidder shell be allowed a preference against a non-resident bidder from
■ state or foreign country equal so the preference given or =aired by the cure or foreign country in which the non-resident bidder is a resideam If it is detesmbwd by
the officer reapoasibie for awarding the bid that compliance with this subsection A6 may came denial of federal (ands which would otherwise be available or would
otherwise be inconsistent with requirements of Federal law, this subsection shall be speeded. but only to the extent sccoasury 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 passant thereto shall be applied in the interpretation, execution, and enforcement of this
convect. Any provision of this contract whether or sot mrnrpmesed herein by reference which provides for arbitration by any extra -judicial body or person or which
is otherwise is conflict with said laws. rules. and regulation shall be considered null end void. Nothing contained in any provision incorporated herein by reference
which purports to negate this orany other special provision in whole or in pertWall 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 act invalidate the remainder of this contract to the extent that the
contact is capable of execution.
S. At all times during the performance of this contract, the Contractor Well strictly adhere to all applicable federal and suite laws, rule& and regulations that have
been or may hereafter be established.
9. The signatories aver that they an familiar with CRS 114-301. et. arq., (Bribery and Corrupt Influences) ad CRS 154-401. a. seq.. (Abuse of Public Office),
and that no violation of each provisions is present.
10. The signatories aver that to their knowledge, no state employee Ma any personal or beneficial interest whatsoever in the service or property described herein:
IN WITNESS WHEREOF, the panics hereto have executed this Contract on she day lint above written.
Contractor:
Weld County Health Department
(Full Legal Name)
Weld C
J r
rosstionIctitfir..`6bgcr/r-man
-'c;z 84—'`'90813
embw.
Attest (Sum
By
ATTORNEY GENla&
By
Form 6 -AC -02C
Revised 1A3
39533-61.1030
era:
C. hard PY, nningtor.
Assistant Attorney Genera Ng`6 which . dies cur ��
State, Son/!r'P9 ^'P T'r'rf'� —..see instuctioon reverse side.
DEPARTMENT
OF PUBLIC HEALTH & ENVIRONMENT
WELD COUNTY LTH IEP t' FAT
Zs,
P
S. P CKLE, M.S.E.H,
DIRECTOR
PROGRAM APPROVAL::q b`
*INSTRUCTIONS
III lnsen official Department designations. e.g.. Administration. Local Affraa, etc. as appropriate.
(2) Set forth company( les) or individuals) name(s) and address(es). (3) Insert i brief statement indicating reasons for contract, e.g.. "The contractor having special knowledge. expertise and skill in diagnosing and testing diseases
affecting cattle: and." Use as many "Whereas's'. as required. If additional space is required continue to above words "NOW. THEREFORE:" and state "con-
tinued on page 2". On page 2, state "Whereas continued from page I" if required.
(4) Specify clearly the goods or services contracted for, the consideration moving from one party to the other. the time within the contract is to be executed.
limitations on assignments, if any, and special provisions desired, or required. Seek legal assistance when in doubt. Separate each principal item and number con-
secutively using as many pages as necessary.
(5) If a delegee signs for the Executive Director place the words "FOR THE" before the word "EXECUTIVE"
Autographic. as distinguished from stamped. signatures should. as a minimum, be, affixed to the original, which will be filed by the Division of Accounts and
Control, and two counterparts. one of which shall be transmitted to the contractor. If there is more than one contractor a copy so signed will be sent to each, thus
requiring additional autographic signatures.
NVV cc Ua:54F9 I.VJJ Ht_44. H c.
ATTACHMENT A
Health Promotion/ Disease Prevention
A. Health Education Standards Implementation $22,800
1. Lead Agency: Health Education Council & Health Education Standards Task
Force Contact Person: Leslie Bangert; (970) 353-0586
2. Target Population: All Colorado citizens served by organized public health unit within
the state.
3. Outcome Objective: Coordinate and support efforts or multiple agencies and gimps to
enhance health education at state and local levels.
4. Annual Objectives:
a. Facilitate the completion of the agency assessment phase of implementation of
the Health Education Standards at local public health units. r
b. Assist local public health units in the development of a strategic plane for the
provision of health education services.
c. Coordinate activities with the CHES section of CDPHE and Colorado Action
for Healthy People to assure the provision of training needs while avoiding
duplication of services.
952491
isKez
Wipe.
COLORADO
mEmoRAnuum
Dale Hall, Chairman
To Board of County Commissioners
From
Subject:
Date
John Pickle, Director, Health Department
December 1, 1995
Health Education Standards Grant Contract
Enclosed for Board 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 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 $22,800 for thetime
period October 1, 1995 through September 30, 1996.
I recommend your approval of this contract.
Enclosure
952401
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