HomeMy WebLinkAbout950096.tiffRESOLUTION
RE: APPROVE AMENDMENT #1 TO AIDS EDUCATION CONTRACT BETWEEN THE WELD
COUNTY HEALTH DEPARTMENT AND THE 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 Amendment #1 to the AIDS Education
Contract 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 January 1, 1992, and ending
June 30, 1995, with further terms and conditions being as stated in said amendment, and
WHEREAS, after review, the Board deems it advisable to approve said amendment, 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 Amendment #1 to the AIDS Education Contract 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 amendment.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 18th day of January, A.D., 1995, nunc pro tunc January 1, 1992.
ATTEST:
Weld County Clerk to the Board
BY: t�x)/ta&.._ k•. fl t
Deputy Clerk`'to the Board
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CQLOO
Dale,K. Hall, Chairman
BarbaraJ. Kirkmeyer, Pr
-Tem
•
-6eorge E.Baxter
4/1/ ,e C ,
Constance L. Harbert
' 0
W. H. Welst-r
; /IL (0
950096
HL0021
Fan. 6 -AC -202A a UN)
DEPARTMENT OR AGENCY NUMBER
26000 --FHA
CONTRACT ROUTING NUMBER
95-1507
AMENDMENT #1
CONTRACT
THIS CONTRACT, made this 5,.1 day of December. 1994 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, 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 55 Contract Encumbrance Number SET920804. and
WHEREAS, required approval, clearance and coordination has been accomplished from and with
appropriate agencies and;
WHEREAS, the State has entered into an agreement with the Contractor to provide HIV education
services; and
WHEREAS, it is the intention of the parties to amend and increase the original contract SET920804 as
amended by Eleven Thousand Sixty Five Dollars ($11.065) to a new total of Seventy Five Thousand Two
Hundred Fifty Five Dollars ($75.255) for the period between January 1, 1992 and June 30, 1995, for the
provision of additional services and to extend the term of the contract.
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) Consideration for this amendment to the original agreement consists of the payments which shall
be made pursuant to this agreement and the promises and agreements herein set forth.
2) It is expressly agreed by the parties that this contract is supplemental to the original contract
SET920804, routing number 92-0857, dated January 1, 1992, routing number 93-1779 of Letter #1 and
routing number 94-1558 of Letter #2, which are by this reference made a part hereof as Attachment B
and all terms, conditions and provisions thereof, unless specifically modified herein, are to apply to this
contract as though they were expressly re -written, incorporated and included herein.
3) It is agreed that the original contract SET920795, as amended, between the State of Colorado and
Weld County Health Department shall be, and is hereby modified, altered, and changed in the following
respects only:
Page I of 4 Pages
T•.oiJ }8
A. By eliminating and striking out from paragraph 8 of the original contract SET920804, as
amended, the words and figures "Twenty One Thousand Thirty Dollars (21.030) for
calendar year 1992" and substituting instead the words and figures "Seventy Five
Thousand Two Hundred Fifty Five Dollars ($75.255) for the period between January 1,
1992 and June 30. 1995".
B. By eliminating and striking out from paragraph 10 of the original contract SET920804,
as amended, the words and figures "January 1. 1992. and continuing through December
31. 1994" and substituting instead the words and figures "January 1. 1992. and
continuing through June 30. 1995".
4) The effective date of this amendment is December 30, 1994.
5) In the event of any conflict, inconsistency, or incongruity between the provisions of this
amendment and any of the provisions of the original contract SET920804, the provisions of this
amendment shall in all respects govern and control.
6) These additional funds are awarded for the provision of additional services during the period
between January 1, 1995 and June 30, 1995.
Page 2 or 4 Pages
950995
SPECIAL PROVISIONS
[7cINTROLLER'S APPROVAL
I. This contract shall not he deemed valid until h shall have been approved by the Controller of the State of Colorado or such assistant as he may designate. Thts
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 (or 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. drily 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 vied 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 terns 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. Parsuanr thereto. the following provision shall he contained in all Slate contracts or subcontracts.
During the performance of this contract, the contractor agrees as follows:
(al 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 arc employed, and that
employees arc 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 advetisings; lay-offs or tenminatian h 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.
(el 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.
0.11 11w contractor and labor unions will furnish all information and reports required by Executive Order. Equal Opportunity and Affirmative Action of April
In, 1975, and by the rules, regulations and Orden 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.
ter 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 sect, creed, color.
sex, national origin. or ancestry.
(O 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.
paint mAC.O'_0
Revised Vol
395-53.01-1022
page 3 of 4 pages
950996
!;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 pan 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 spch 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 worts 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 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 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 heroin 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 m part 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 contract to the extent that the
contract is capable of execution.
8. At all times during the performance of this contract, the Contractor shall strictly adhere to all applicable federal and state laws, rules, and regulations that have
been or may hereafter be established.
9. The signatories aver that they am familiar with CRS 18-8.301, et. seq., (Bribery and Corrupt Influences) and CRS 18-8-401, et. seq., (Abuse of Public Office).
and that no violation of such provisions is present.
10. The signatories aver that to their knowledge, no state employee has any personal or beneficial interest whatsoever in the service or property described herein:
IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day first above written.
Contractor:
;Full Legal Name) Weld County Health Department
Dale K. Hall
Chairman,
Position(Title) Board of County Commissioners
8460008j3 B . 01/23/95
Sam secrtr Nyp,ber t ederat t.i. h.m
If Corporation:)
Attest (Seal)
By
my C
LALE A. NORTON
ATTORN Y GENERALPNEY GENE
By Z '
Form 6 -AC -02C
Revised 1N3
1f5-53-01-1070
` ''N E. "ASSE URG
Assistant Attorney General
-Jo
STATE OF COLORADO
ROY ROMER, GOVERNOR
By -' i I�tt.L
•3 E( 91TtVE D RECTOR
DEPARTMENT
OF PUBLIC HEALTH b ENVIRONMENT
APPROVALS
CONTROLLER
By
nef3! Legal Services 4 4
Page which is the list of
'Sec instructions on reverse side.
pages
WELD COUNT
for
PARTM T
HN S. PICKL , M.S.E,H.
DIRECTOR
PCVALS:
t'-slECONIROLLER
OLIF 9RjD V!!n FIA .-"t.
PROGRAM APPROVAL:
OtzlificArZ
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. I Laboratory Building
Denver, Colorado 80222.1530 4210 E. 11th Avenue
Phone: (3031 692-2000 I Denver. Colorado 80220-3716
(3031 691-4700
LETTER 1
December 10, 1992
Randy Gordan, M.D.
Weld County Health Dept
1517 16th Ave Ct
Greeley, CO 80631
Dear Dr. Gordan:
Roy Romer
Governor
Patricia A. Nolan, MD, MPH
Executive Director
Routing Number 931779
This is to notify you that pursuant to Paragraph 8 of Contract
SET 920804, Routing Number 92-857, the allocation of funds for the
period beginning January 1, 1993, and.continuing through December
31, 1993, is $21,030.00.
Please sign all four copies of this notification and return all
four copies to:
Jean Finn
Colorado Department of Health
STD/AIDS Section, A-3
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. Thank you for your continued support of the
STD/AIDS Program. This letter of award shall not be deemed valid until it shall
have been approved by the Controller of the State of Colorado or his designee.
Sincerely,
Jean Finn
STD/AIDS Program
APPROVED:
Lee Thielen
Assistant Director
DEPARTMENT OF HEALTH
sOARD OF COUNTY COMMISSIONERS
CID COUNTY. COLORADO
nstance L. Harbert. Chairman
ATTEST
contractl flED INFORMATION COPY
The originai and two copies of this
contract have been signed by all state
officials required bylaw to approve
contracts.
State Controller
WELD COUNTY CLERK TO
///-lP
TEE BOARD
950996
WELD COUNTY HEALTH DEPARTMENT
BY417 VAti-
Randolph Gordon, M.D., M.P.H.
ATTACHMENT B
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. Laboratory Building
Denver, Colorado 80222-1530 4210 E. 11th Avenue
Phone: (303) 692-2000 Denver, Colorado 80220-3716
(303) 691-4700
December 15, 1993
State Fiscal Year 1994-95
Change Order Letter No. 2
Roy Romer
Governor
Patricia A. Nolan, MD, MPH
Executive Director
Routing Number 94-1558
In accordance with Paragraph 8 of routing number 92-0857, SET920804, and routing number 93-1779,
Letter 1 (copies attached and by this reference made a part hereof as Attachment A) between the State
of Colorado Department of Health (Disease Control and Environmental Epidemiology Division,
Communicable Disease Section) and Weld County Health Department covering the period of January 1,
1994 through December 31, 1994 the undersigned agree that the maximum amount payable by the State
for eligible HIV prevention and education services is $22,130. The terms and conditions of the original
contract shall remain the same.
This amendment to the contract is intended to be effective as of 01/01/94, 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 December 25, 1993 to:
Audrey Christensen
Colorado Department of Health
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:
WELD COUNTY BOARD OF COMMISSIONERS
By: � '/'.%&A.I),27Q _ 12/29/93
Name W. . WEBSTER
Title CHAIRMAN PRO—TEM
APPROVALS:
Vets Coleski, Fiscal Ohicer
Disease Control and Environmental
Epidemiology Division
State of Colorado:
Roy Romer, Governor
By: ��te-CGle2 /64/
Lee Thielen, Assistant Director
For the Executive Director
Colorado Department of Health
By:
State Controlll r or
Authorized esignee
CLIFFORD% HAt C. 930996
® Primed on Reryr led Paper
Form 6_AC-O?A IR I: MS)
DEPARTI. -IT OR AGENCY NUMBER
CONTRACT
FAA
CONTRACT ROUTING NUMBER
THIS CONTRACT. Made this 1 _ _ day of January 199 2 . by and between
the State of Colorado for the use and benefit of the Department of ' HE_A_lTH_
4210 East 11th AvenueDenver, Colorado 80220
hereinafter referred to as the State, and '2 Weld -_County Health_fepartment__._—..__
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 unencumbered balance thereof remains available for payment in Fund Number , 100
APPR 365 Contract Encumbrance Number FAA cFT920R04 ; and
WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate
agencies: and
WHEREAS."
the State has formulated a comprehensive State
plan relative to Human Immunodeficiency Virus Education; and
WHEREAS: in order to implement said comprehensive State
plan, the State has established provision by which to provide
educational services to the people of Colorado; and
WHEREAS: the Contractor is considered by the State to be
an appropriate agency to provide these services as herein
stated.
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 necessary manpower
to provide HIV prevention education services within the
Contractor's jurisdiction. The Contractor will distribute HIV
education materials within the Contractor's jurisdiction.
2. The Contractor will submit an annual plan describing
HIV prevention education services within its jurisdiction. The
plan will include a description of target audiences, objectives,
education activities, evaluation methods, a budget, and budget
justification.
3. The Contractor will describe in the annual HIV
prevention education workplan the specific target population(s) to
be reached with HIV- educational interventions within its
jurisdiction.
)ya 53-UI-IJl4
Page I of 6 pages
950995
4. The Contractor will collaborate with community based
organizations within the Contractor's jurisdiction. Collaboration
will be evidenced by conducting at least one major HIV education
activity together.
5. The Contractor will provide to the State quarterly
narrative progress reports describing and evaluating activities.
6. The Contractor will submit to the State copies of
materials developed or purchased by funds from this contract for
approval by the State's Material Review Panel.
7. The Contractor will be a member of the AIDS
rnalition for Education. The Contractor will establish or
participate in a local network of AIDS education services to avoid
duplication of services.
8. The State will, in consideration of said services by
the Contractor, cause to be paid to the Contractor a sum for direct
costs not to exceed Twenty One Thousand Thirty DOLLARS ($21,030)
for calendar year 1992. Funds for calendar years 1993 and 1994
will be set forth in a letter to be signed by the State and the
Contractor and approved by the State Controller. 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
STD/AIDS Section that services were rendered in accordance with
this contract, as follows:
a. Upon receipt of signed monthly statements submitted
in duplicate on forms to be supplied by the State
(copy attached, by this reference made part hereof
as Attachment A), requesting reimbursement for
salaries, fringe benefits, educational supplies,
and travel. Said statements shall set forth dates,
names of payees, check numbers, brief description
of expenditures, amounts, and total requested.
Copies of invoices shall be submitted for all
equipment items purchased and costing over $1,000.
Reimbursement shall be conditioned upon affirmation
by the State STD/AIDS Section, that all services
were rendered in accordance. with the terms of this
contract.
b. The Contractor will return equipment purchased
through this contract if so requested by the State.
An inventory number will be assigned by the State
and shall be affixed to this equipment by the
Contractor who will confirm this in a letter to the
State. The equipment inventory is required to be
verified annually.
Page 2 of 6 pages
950996
9. 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 STD/AIDS Section, and the State
Controller as evidenced by a mutually signed Letter of Approval
which shall include the following:
t
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;
4. Authorized signatures of the State, the STD/AIDS
Section, the Contractor, and the State Controller.
It is understood that no change in utilization
shall be made through the Letter of Approval.
10. The term of this contract is beginning January 1,
1992, and continuing through December 31, 1994.
11. Payment pursuant to this contract will be made as
earned, in whole or in part, from State funds encumbered in an
amount not to exceed two million eight hundred sixty-eight thousand
four hundred eighty-four dollars ($2,868,484) for the purchase of
HIV prevention services. It is further understood and agreed that
the maximum amount.of State funds available for fiscal year 1992
for the purchase of HIV prevention services is in the amount of two
million eight hundred sixty-eight thousand four hundred eighty-four
dollars ($2,868,484) or such lesser amount as may be mandated by
Executive Order or legislative section. The liability of the
State, at any time, shall be limited to the unencumbered amount
remaining in such funds.
12. Because the appropriation of funds is a legislative
function, funding availability after Fiscal Year 1992 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.
Page 3 of 6 pages
950)95
COLORADO DEPARTMENT OF F'ALTH — hereinafter, under the G' ral Provisions referred to as
"Health".
GENERAL PROVISIONS
1. The parties of this contract intend that the relationship between them contemplated
by this contract is that of employer -independent contractor. No agent, employee or
servant of Contractor shall be or shall be deemed to be an employee, agent or servant 'of
Health. Contractor will be solely and entirely responsible for its acts and the acts of
its agents, employees, servants and subcontractors during the performance of this
contract.
2. At all times during the performance of this contract, the Contractor shall strictly
adhere to all applicable federal and state laws that have been or may hereafter be
established.
3. Contractor authorizes Health to perform audits and to make inspections for the
purpose of evaluating performance under this contract.
4. 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.
5. 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. "c
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.
6. 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 Office
of Management and Budget Circulars A-87 and A-102 or A-110, whichever is applicable.
7. To be cpnsidered for payment, billings for reimbursement pursuant to this contract
must be received within 60 days after the period for which reimbursement is being
requested and final billings on the contract must be received by the State Health
Department within 60 days after the end of the contract term.
8. If applicable, Local Match is to be submitted on the monthly reimbursement
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. 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. 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 suchrecords ancc
financial statements for a period of three years after the date of issuance of the audit
report. This contract does 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. If applicable, 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 — of 6 Pages
Rev. 06/06/88
9500%
Form 6-AC.02B
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 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 works for this State, the contractor shall, before entering the performance of any such work included in this
contract, duly execute and deliver to and file with the official whose signature appears below for the State, 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 for the due and faithful performance of the contract, and in addition, shall provide that ifthe 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 i:.
performance of the work contracted to be done, 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, when so required, is executed, delivered and filed, no claim in favor of the contractor arising under this contract
shall be audited allowed or p: id. 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 38-26-106 CRS. as amended.
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 (24-34-402. CRS 1982 Replacement Vol.), and as required by Executive Order, Equal Opportunity and Affirma-
tive 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:
(1) The contractor will not discriminate against any employee or applicant for employment because of race, creedcolor, 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 layoffs 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 pro-
vided by the contracting officer setting forth provisions of this non-discrimination clause.
12) The contractor will, in all solicitations or advertisements for employees placed by or cm 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.
(3) The contractor will send to each labor union or representative of workers with which he has collective bargaining agreement or other contract or understand-
ing, 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.
(4) The contractor and labor unions will furnish all information and reports required by Executive Order. Equal Opportunity and Affirmative Action of Apnl 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.
15) 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.
(6) 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 dis-
criminatory 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.
395-53-01-1022
Revised 1:88
5 6
.page OE paces
:30s
Form 6 -AC -02C
(7) In the event of the contractor's non-compliance with the non-discrimination clauses of this contractor or with any of such rules, regulations, or orders. this
contract may be cancelled, 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.
(8) The contractor will include the provisions of paragraph (1) through(8)in every sub -contract and subcontractor purchase order unless exempted by rules.
regulations, or orders issued pursuant to Executive Order, Equal Opportunity and Affirmative Action of April 16. 1975, so that such provisions will be binding
upon each subcontractor or vendor. The contractor will take such action with respect to any sub -contracting or purchase order as the contracting agency may
direct, as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event the contractor becomes involved
in. or is threatened with, litigation with the subcontractor or vendor as a result of Such direction by the contracting agency, the contractor may request the State
of Colorado to enter into such litigation to protect the interest of the State of Colorado.
COLORADO LABOR PREFERENCE
6a. Provisions of 8.17-101 & 102, CRS for preference of Colorado labor are applicable to this contract if public works within the State arc undertaken hereun-
der and are financed in whole or in pan by State funds.
b. When 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 deter-
mined by the officer responsible for awarding the bid that compliance with this subsection .06 may cause denial of federal funds which would otherwise be avail-
able 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 (section 8-19-101 and 102, CRS).
GENERAL
7. The laws of the State of Colorado and roles and regulations issued pursuant thereto shall be applied in the interpretation, execution and enforcement of this
contract, Any provision of this contract whether or nor 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. The signatories hereto aver that they are familiar with 18-8-301, et seq., (Bribery and Corrupt Influences) and 18-8-401, et. seq., (Abuse of Public Oftice;.
CRS 1978 Replacement Vol., and that no violation of such provisions is present.
10. The signatories aver that to their knowledge, no state employee has a 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
(Full Legal Name)
Position (Title) Chairman, County Cot mis loners
(If Corporation:)
Attest (Seal)
By
4
l4 Y j /
Cprponle Secretary, & Equit TerarniCily/Cougg Clerk C.
ATTORNEY GENERAL
By
STATE OF COLORADO
ROY ROMER, GOVERNOR
BY
9 EXECUTIVE DIRE
DEPARTMENT
OF HEALTH
WELD COUNTY HEALTH DEPARTMENT
By:
for
RaAPPROVADire�,iFR1FIED INFORMATIO N-6 '
ol
Director
CONTROLLERThe Drloinal and two copiby es allof t
contract have been slotted to app(ove
By ticials required by n
contracts.
PROGRAM
)95- 51-01-1010Page 6 'Arch is the last W 6 papa
1 Renael i /881 *see O.OllialOOS On reverse side,
!C099
DC-lO-D05a-88
ATTACHMENT A CONTRACT REIMBURSEMENT STATEMENT
(submit in duplicate)
TO: Jesus Gonzalez, FROM:
STD/AIDS Education and Training
Colorado Department of Health
4210 E. 11th Avenue, Denver, CO 80220
ilPE OR NAME OF PROGRAM: HIV Education
Budget Item t
and Quantity
Description of Expenditure, (include Reimbursement
invoices for each item over $1,000) amount
TOTAL $
This is to certify that the above expenses were incurred per Contract
and we are requesting reimbursement for same.
SIGNATURE (CONTRACTOR):
DATE:
I hereby certify that all contract requirements have been met and the amounts are
correct. Payment is authorized.
AUTHORIZED DESIGNEE:
DATE:
(STATE DEPARTMENT OF HEALTH)
COFi5 COOING
LINE I
FUND I AGENCY
I ORG
I APPR
I FUNC
IGBJ CODEI
Gal*
IREPT C:1i AMOUNT FOR nil 5.
IFAA
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I
IFS
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TOTAL $
95099i
COLORADO
mEmoRMum
W.H. Webster, Chairman
To Board of County Commissioners Date
From
Subject:
John Pickle, Director, Health Departm
Amendment to AIDS Education Contract
tl C-PU TY
-'1 F.1 ?: 1'3
ber3Q, CIECIL
Yv$4
Enclosed for Board approval is an amendment to the contract between the Colorado Department
of Public Health and Environment and the Weld County Health Department. This amendment
provides $11,065 as funding for the first half of the calendar year 1995. A decision regarding
the award for the remainder of the year will be made later in 1995.
Under the terms of the contract, Weld County will provide AIDS public information services,
AIDS education services and serve as a local AIDS education resource for school districts in
Weld County during this time period.
I recommend your approval of this -amendment.
Enclosures
950096
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