HomeMy WebLinkAbout980347.tiff RESOLUTION
RE: APPROVE CONTRACT FOR ABSTINENCE EDUCATION AND AUTHORIZE CHAIR
TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Contract for Abstinence Education
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Weld County Health Department, and the
Colorado Department of Public Health and Environment, commencing March 1, 1998, and
ending February 29, 1999, with further terms and conditions being as stated in said contract,
and
WHEREAS, after review, the Board deems it advisable to approve said contract, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Contract for Abstinence Education between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,
on behalf of the Weld County Health Department, and the Colorado Department of Public
Health and Environment be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said contract,
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 4th day of March, A.D., 1998, nunc pro tunc March 1, 1998.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO/
ATr3.T: . "�1 ��► !r! ( ��izs�_�.L�� ��//
Constance L. Harbert, Chair
W `N;`Iu1t#a* oard
, tk W. H. bster, ro
Dep.�+�. �ystr a Board
GeorgtE. Baxter
AP V AS TO EXCUSED
Dale K. Hall
ty Attor 4A AALLIc:oti
Barbara J. Kirkmeye /J
980347
HL0024
a `, I-1L , 57'
DEPARTMENT OR AGENCY NAME
PUBLIC HEALTH AND ENVIRONMENT
DEPARTMENT OR AGENCY NUMBER
FM
ROUTING NUMBER
9808251
• CONTRACT
THIS CONTRACT, Made this 1st day of March 1998, by and between the State of Colorado for the use
and benefit of the Department of Public Health and Environment, 4300 Cherry Creek Drive South, Denver,
Colorado 80246-1530 hereinafter referred to as"the State", and The 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 uncommitted balance thereof remains available for encumbering and subsequent
payment of this contract under Encumbrance Number ADL9808251 , in Fund Number 100,Appropriation Account
591 and Organization 6035.
WHEREAS, required approval, clearance and coordination has been accomplished from and with
appropriate agencies; and
WHEREAS,the State, pursuant to the Federal Abstinence Education provisions of Title V of the Social
Security Act, administered through the Federal Maternal and Child Health Bureau has allocated funds to
enable the State to provide abstinence education, through local abstinence education programs, and where
appropriate, mentoring, counseling, and adult supervision; and
WHEREAS, according to the 1995 Colorado Youth Risk Behavior Survey, 47 percent of surveyed
students, in grade 9 - 12 reported they had engaged in sexual intercourse. Because sexual intercourse can
result in an unplanned pregnancy and sexually transmitted disease, sexual abstinence is a healthier choice
for teens. With prevalent sexual messages in society and peer pressure to become sexually involved at
younger ages, little consistent support exists for teens to remain abstinent until marriage; and
WHEREAS, the need exists and interest has been expressed, by school districts, local health
agencies and community based organizations, for abstinence education for youth, to be implemented
through local programs; and
WHEREAS, the Contractor is considered by the State to be an appropriate agency to provide these
abstinence education services as herein set forth in accordance with the terms and conditions of the Request
For Proposal#CDPHE-RO-ADL980001; incorporated herein by reference as Attachment A and
WHEREAS, as of the date of this Contract, the State has a currently effective Group II purchasing
delegation agreement with the Division of Purchasing within the Colorado Department of Personnel; and
WHEREAS,this procurement is exempt from the Colorado Procurement Code and rules because the
Contractor is a governmental agency; and,
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 shall implement abstinence education for youth ages 10-17 in two communities of
Weld County, in accordance with the work plan, goals and objectives of the contractor's abstinence
education proposal, incorporated herein by reference as Attachment B.
Page 1 of 10 Pages
2. The Contractor shall cooperate with the State Abstinence Education Program in assuring that program
planning, evaluation and monitoring requirements are met including participation in mutually agreed upon site
visits to and meetings with the Contractor. Site visits may include program observation, materials review,
participant and staff interviews.
3. If any copyrightable material (e.g., audiovisuals, software, publication, curricula and training materials,
etc.) is developed under this grant, the State, and the Department of Health and Human Services(HHS) shall
have a royalty free nonexclusive and irrevocable right to reproduce, publish or otherwise use, and authorize
others to use the work, for purposes which further the objective of the Maternal and Child Health (MCH)
Bureau. All contractors shall provide three copies of all such copyrightable material upon the request of the
Abstinence Education Program. For printed materials, the following wording, is required:
"... supported in part by the Abstinence Education Grant Program from the Department of Health and Human
Services, Health Resources and Services Administration, Maternal and Child Health Bureau, made available
through the Colorado Department of Public Health and Environment."
4. All funding awarded for activities performed under this contract is provided by the U.S. Department
of Health and Human Services Maternal and Child Health Bureau and are governed by administrative
standards reflected in Title 45 of the Code of Federal Regulations (CFR). The regulations that apply to all
work performed and the associated reporting requirement, under the RFP are 45 CFR Part 92 and 45 CFR
part 74 (copies available upon request). The contractor shall comply with these requirements for all activities
performed pursuant to this contract.
5. If a contractor will require reimbursement of indirect costs, the contractor must submit and have
obtained review and approval for an indirect cost proposal to the Colorado Department of Public Health and
Environment prior to any such costs being reimbursed. Such indirect rate shall be subject to the current
indirect rate reimbursement cap limits as set by the Family and Community Health Services Division. Any
indirect costs not reimbursed by the State may be used as matching funds from the Contractor.
6. The Contractor shall not charge for services those individuals of families at or below the official
poverty line as defined by the Office of Management and Budget in accordance with Title V, Section 501 (B)(2)
and Section 505 (2)(d). The 100% of poverty income guideline for farm or non-farm families is currently at
$7,890 for an individual; $10,610 for a family of 2; $13,330 for a family of 3; $16,050 for a family of 4; $18,770
for a family of 5; $21,490 for a family of 6; $24,210 for a family of 7; $26,930 for a family of 8. For families of
more than eight, add $2,720 for each additional member. These guidelines will change during the contract
year. When the new poverty income guidelines are received by the State from the Office of Management and
Budget, they will be forwarded to the Contractor and should be used upon receipt.
7. If any charges are imposed for services to clients who are above the 100% of poverty level, such
charges must be on a sliding scale which takes into account the client's family size, income and resources.
These charges and the sliding fee scale must be made available to the general public and to all clients and
must be based on the agency's usual and customary cost for the service.
8. Title V funds may not be used to pay for any item or service(other than an emergency item or service)
furnished by an individual or entity convicted of a criminal offense under the Medicare or any State health care
program (i.e., Medicaid, Abstinence Education, Maternal and Child Health, or Social Services Block Grant
programs).
9. The Contractor shall protect the confidentiality of all applicant/recipient records and other materials
that are maintained in accordance with this contract. Except for purposes directly connected with the
administration of this Program/Project, no information about or obtained from any applicant/recipient shall be
disclosed in a form identifiable with the applicant/recipient without the prior written consent of the
applicant/recipient or a minor's parent or guardian or as otherwise properly ordered by a court of competent
jurisdiction. The contractor shall have written policies governing access to duplication and dissemination of
all such information. The Contractor shall advise its employees, agents, servants, and subcontractors, if any,
that they are subject to these confidentialities.
Page 2 of 10 Pages
10. If the Contractor is a"public entity"within the meaning of the Colorado Governmental Immunity Act
("CGIA"), section 24-10-101, et seq., C.R.S., as amended,then the Contractor shall at all times during
the term of this Contract maintain such liability insurance, by either commercial policy or self-
insurance, as is necessary to meet its liabilities under the CGIA. Upon request by the State, the
Contractor shall show proof of such insurance to the State.
11. Contractor agrees to provide services to all program participants and employees in a smoke-free
environment. In accordance with PL 103-227, also known as the Pro-Children Act of 1994, smoke-free shall
mean that smoking is not permitted in any portion of any indoor facility owned or leased or contracted for by
the contractor if said facility is routinely or regularly used for the provision of child care or health services to
any child under the age of 18 when those services are funded all or in part with Federal funds
12. For any subcontracts other than those subcontracts included in the contractor's proposal in response
to the aforementioned RFP; the Contractor shall provide to the State, for its prior written approval, a copy of
any proposed subcontract between the Contractor and any potential provider of services to fulfill any
requirements of this contract.
13. Documentation must be appended to billings of fees for consultant/trainers listing dates, specific hours
spent in training sessions and in preparation for such sessions, and type of consultation or training performed.
14. Billings which include reimbursement for payroll expenses must be supported by time and effort
certifications for individual employees. Salaries and wages of employees chargeable to more than one grant
program or other cost objective shall be supported by appropriate time distribution records.
15. Funds reported as match for this contract may not also be reported as match for any other contract
funded by the State or by Federal funds.
16. Invoices (billings) may be submitted on a monthly or quarterly basis, but shall be submitted no less
often than on a quarterly basis. All invoices shall include the Contractor's matching funds contribution for the
time periods invoiced. Invoices must indicate the entire expense for a given activity for which billing is made
in whole or in part.
17. The State will, in consideration of said services cause to be paid to the contractor in a sum not to
exceed THIRTY THOUSAND FIVE HUNDRED AND SEVENTY-THREE DOLLARS 1$30,573):upon receipt
of signed monthly or quarterly reimbursement statements, Attachment C, incorporated herein by this
reference, submitted in duplicate, to the FAMILY AND COMMUNITY HEALTH SERVICES DIVISION,
ADMINISTRATIVE SECTION requesting reimbursement in accordance with the categories and line items of
the budget, Attachment D, incorporated herein by this reference, and conditioned upon affirmation by the
State Family and Community Health Services Division that services and reports were rendered in accordance
with this contract. This contract contains $30,573 in federal monies and $0 in state monies. The amounts
of federal and state dollars in this contract may change, but the State shall inform the contractor in writing if
any such change occurs.
18. There is a required match of three (3) non-federal dollars for every four(4) federal dollars awarded
in this contract. The non-federal match must be used solely for the activities enumerated in this contract and
may be State dollars, local dollars, private or foundation dollars, or in-kind support. The Contractor is
responsible for documenting a minimum match of 75% of the actual dollars billed against this contract by the
end of each contract budget period. The match must be able to withstand an audit by using an accounting
system that follows generally accepted accounting principles, including record keeping and completion of final
expenditure reports.
19. The Contractor shall submit to the Family and Community Health Services Division a final accounting
of actual program expenditures report for the period March 1, 1998 through February 28, 1999 , provided by
May 31, 1999. The final report shall contain an accounting of actual expenditures for this project on
standardized forms, Attachment E,which by this reference is made a part hereof, or similar format. Because
Page 3 of 10 Pages
this information may be used in part to match Federal funds, the source of"Applicant and Other"funding must
be detailed in the space provided on the form and noted as to whether these funds are used to match any
other funding, and signed by a certified official.
20. The Contractor shall submit to the State, a six-month summary report detailing the achievements of
the first six months of the program by October 15, 1998, and a twelve-month report by May 31, 1999. The
reports shall include federally required data of at least the following:
1. An unduplicated count of males and females served by the program by age groups <10,10-
14, 15-17, years of age, by race and ethnicity.
2. Total encounters by age group, by race and ethnicity.
3. Reporting progress toward meeting the program goals and objectives.
4. Customer satisfaction, including cultural competency of the organization, number of clients
who have either completed the program or dropped out, by age group, by race and ethnicity.
5. An update on the independent evaluation, including data.
21. Because of the variability possible in Title V Abstinence Education funding,
the State may prospectively increase or decrease the amount payable under this Contract through
a "Change Order Letter", a sample of which is incorporated herein by this reference, made a part
hereof, and attached hereto as Attachment F. To be effective, the Change Order Letter must be:
signed by the State and the Contractor; and, approved by the State Controller or an authorized
designee thereof. Additionally, the Change Order Letter shall include the following information:
A. Identification of this Contract by its contract number and affected paragraph
number(s);
B. The types of services or programs increased or decreased and the new level of each
service or program;
C. The amount of the increase or decrease in the level of funding for each service or
program and the new total financial obligation;
D. The intended effective date of the funding change; and,
E. A provision stating that the Change Order Letter shall not be valid until approved by
the State Controller or such assistant as he may designate.
22. Upon proper execution and approval, the Change Order Letter shall become an amendment to this
Contract. Except for the General and Special Provisions of this Contract, the Change Order Letter
shall supersede this Contract in the event of a conflict between the two. It is expressly understood
and agreed to by the parties that the change order letter process may be used only for increased or
decreased levels of funding, corresponding adjustments to service or program levels, and any related
budget line items. Any other changes to this Contract, other than those authorized by the contract
renewal letter process described below, shall be made by a formal amendment to this Contract
executed in accordance with the Fiscal Rules of the State of Colorado.
23. If the Contractor agrees to and accepts the proposed change, then the Contractor shall execute and
return the Change Order Letter to the State by the date indicated in the Change Order Letter. If the
Contractor does not agree to and accept the proposed change, or fails to timely return the partially
executed Change Order Letter by the date indicated in the Change Order Letter, then the State may,
upon written notice to the Contractor, terminate this Contract twenty (20) calendar days after the
return date indicated in the Change Order Letter has passed. Such written notice shall specify the
effective date of termination of this Contract. In the event of termination under this clause, the parties
shall not be relieved of their respective duties and obligations under this Contract until the effective
Page 4 of 10 Pages
date of termination has occurred.
24. Increases or decreases in the level of contractual funding made through this change order letter
process during the initial or renewal terms of this Contract may be made under the following
circumstances:
A. If necessary to fully utilize appropriations of the State of Colorado and/or non-
appropriated federal grant awards;
B. Adjustments to reflect current year expenditures;
C. Supplemental appropriations, or non-appropriated federal funding changes resulting
in an increase or decrease in the amounts originally budgeted and available for the
purposes of this Contract;
D. Closure of programs and/or termination of related contracts;
E. Delay or difficulty in implementing new programs or services; and,
F. Other special circumstances as deemed appropriate by the State.
25. The term of this contract is March 1, 1998 through February 28, 1999 and is renewable for an
additional one year period of March 1, 1999 through February 29, 2000 through a "Contract Renewal
Letter"a sample of which is incorporated herein by this reference, made a part hereof, and attached hereto
as Attachment G. The State and the Contractor shall negotiate the renewal period dollar budget amounts,
and scope of work. The Contractor shall submit the renewal year line item budget, including justification, and
work plan to State Abstinence Education Program by January 15, 1999. An amended Attachment B
(including these Program Requirements) and an amended Attachment D (Budget) will accompany each
Contract Renewal Letter.
To be effective, the Contract Renewal Letter must be: signed by the State and the Contractor; and, approved
by the State Controller or an authorized designee thereof Additionally, the Contract Renewal Letter shall
include the following information:
A. Identification of this Contract by its contract number and affected paragraph
number(s);
B. The types of services or programs, if any, increased or decreased and the new level
of each service or program for the renewal term;
C. The amount of the increase or decrease, if any, in the level of funding for each
service or program and the new total financial obligation;
D. The intended effective date of the renewal; and,
E. A provision stating that the Contract Renewal Letter shall not be valid until approved
by the State Controller or such assistant as he may designate.
26. Upon proper execution and approval, the Contract Renewal Letter shall become an amendment to
this Contract. Except for the General and Special Provisions of this Contract, the Contract Renewal
Letter shall supersede this Contract in the event of a conflict between the two. It is expressly
understood and agreed to by the parties that the contract renewal letter process may be used only
to: renew this Contract; increase or decrease levels of funding related to that renewal; make
corresponding adjustments to service or program levels, and, adjust any related budget line items.
Any other changes to this Contract, other than those authorized by the change order letter process
Page 5 of 10 Pages
described above, shall be made by a formal amendment to this Contract executed in accordance with
the Fiscal Rules of the State of Colorado.
27. If the Contractor agrees to and accepts the proposed renewal term, then the Contractor shall execute
and return the Contract Renewal Letter to the State by the date indicated in the Contract Renewal
Letter. If the Contractor does not agree to and accept the proposed renewal term, or fails to timely
return the partially executed Contract Renewal Letter by the date indicated in the Contract Renewal
Letter, then the State may, upon written notice to the Contractor, terminate this Contract twenty (20)
calendar days after the return date indicated in the Contract Renewal Letter has passed. Such written
notice shall specify the effective date of termination of this Contract. In the event of termination under
this clause, the parties shall not be relieved of their respective duties and obligations under this
Contract until the effective date of termination has occurred.
Page 6 of 10 Pages
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT- hereinafter, under the General Contract
Provisions,referred to as"CDPHE".
GENERAL CONTRACT PROVISIONS--page 1 of 2 pages
I. 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 BEAN AGENT OR EMPLOYEE OF THE STATE. CONTRACTOR SHALL PAY
WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES
PAID PURSUANT TO THIS CONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR AND ITS
EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR
A THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE
PROVIDE SUCH COVERAGE. CONTRACTOR SHALL HAVE NO AUTHORIZATION,EXPRESS OR IMPLIED,TO BIND
THE STATE TO ANY AGREEMENTS, LIABILITY, OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH
HEREIN. CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE WORKERS'COMPENSATION(AND SHOW PROOF
OF SUCH INSURANCE)AND UNEMPLOYMENT COMPENSATION INSURANCE IN AMOUNTS REQUIRED BY LAW,
AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR,ITS EMPLOYEES AND AGENTS.
2. Contractor authorizes CDPHE, 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 U.S.C. 1501-1508)and Public Law 95454 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 U.S.C. 276A-276A-5). This act requires that all
laborers and mechanics employed by contractors or sub-contractors to work on construction projects financed by federal assistance
must be paid wages not less than those established for the locality of the project by the Secretary of Labor;
d) 42 U.S.C. 6101 et seq,42 U.S.C.2000d,29 U.S.C.794. These acts 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;
e) the Americans with Disabilities Act(Public Law 101-336;42 U.S.C. 12101, 12102, 12111 - 12117, 12131 - 12134,
12141 - 12150, 12161 - 12165, 12181 - 12189, 12201 - 12213 and 47 U.S.C.225 and 47 U.S.C.611;
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GENERAL CONTRACT PROVISIONS--Page 2 of 2 pages
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);and
g) when applicable, the contractor is in compliance with the provisions of the "Uniform Administrative Requirements
for Grants and Cooperative Agreements to State and Local Governments"(Common Rule).
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 U.S.C.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 CDPHE 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 federal funds in an aggregate amount per year from CDPHE which exceeds the applicable threshold
dollar amount specified in the Office of Management and Budget Circulars A-128 or A-133,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 CDPHE for review and
approval,contractor's auditor will audit the proposal in accordance with the requirements of OMB Circular A-87,A-2I or A-122.
Contractor agrees to furnish one copy of the audit reports to the CDPHE 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 CDPHE 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 / DOES NOT) contain federal funds as of the date it is signed. This requirement is in addition to any other audit
requirements contained in other paragraphs 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.
11. Pursuant to CRS 24-30-202.4 (as amended), the state controller may withhold debts owed to state agencies under the
vendor offset intercept system for: (a)unpaid child support debt or child support arrearages;(b)unpaid balance of tax,accrued
interest,or other charges specified in Article 22,Title 39,CRS;(c)unpaid loans due to the student loan division of the department
of higher education;(d)owed amounts required to be paid to the unemployment compensation fund;and(e)other unpaid debts
owing to the state or any agency thereof, the amount of which is found to be owing as a result of final agency determination or
reduced to judgment as certified by the controller.
8
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Rev.06/01/97(GEN)
SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
l .This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate.
This provision is applicable to any contract involving the payment of money by the State.
FUND AVAILABILITY
2.Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated,budgeted,
and otherwise made available.
BOND REQUIREMENT
3.If this contract involves the payment of more than fifty thousand dollars for the construction,erection,repair,maintenance,or improvement of any building,
road.bridge,viaduct,tunnel,excavation or other public work for this State,the contractor shall,before entering upon the performance of any such work included
in this contract,duly execute and deliver to the State official who will sign the contract,a good and sufficient bond or other acceptable surety to be approved
by said official in a penal sum not less than one-half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a qualified
corporate surety conditioned upon the faithful performance of the contract and in addition,shall provide that if the contractor or his subcontractors fail to duly
pay for any labor,materials, team hire,sustenance,provisions,provendor or other supplies used or consumed by such contractor or his subcontractor in
performance of the work contracted to be done or fails to pay any person who supplies rental machinery,tools,or equipment in the prosecution of the work the
surety will pay the same in an amount not exceeding the sum specified in the bond,together with interest at the rate of eight per cent per annum. Unless such
bond is executed,delivered and filed,no claim in favor of the contractor arising under such contract shall be audited,allowed or paid. A certified or cashier's
check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance with CRS
38-26-106.
INDEMNIFICATION
4.To the extent authorized by law,the contractor shall indemnify,save,and hold harmless the State,its employees and agents,against any and all claims,
damages,liability and court awards including costs,expenses,and attorney fees incurred as a result of any act or omission by the contractor,or its employees,
agents,subcontractors,or assignees pursuant to the terms of this contract.
DISCRIMINATION AND AFFIRMATIVE ACTION
5.The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957,as amended,and other applicable law respecting
discrimination and unfair employment practices(CRS 24-34-402),and as required by Executive Order,Equal Opportunity and Affirmative Action,dated April
16, 1975.Pursuant thereto, the following provisions shall be contained in all State contracts or sub-contracts.
During the performance of this contract,the contractor agrees as follows:
(a)The contractor will not discriminate against any employee or applicant for employment because of race,creed,color,national origin,sex,marital status,
religion,ancestry,mental or physical handicap,or age.The contractor will take affirmative action to insure that applicants are employed,and that employees
are treated during employment,without regard to the above mentioned characteristics.Such action shall include,but not be limited to the following:employment
upgrading,demotion,or transfer,recruitment or recruitment advertisings;lay-offs or terminations;rates of pay or other forms of compensation;and selection
for training,including apprenticeship.The contractor agrees to post in conspicuous places,available to employees and applicants for employment,notices to
be provided by the contracting officer setting forth provisions of this non-discrimination clause.
(b)The contractor will,in all solicitations or advertisements for employees placed by or on behalf of the contractor,state that all qualified applicants will receive
consideration for employment without regard to race,creed,color,national origin,sex,marital status,religion,ancestry,mental or physical handicap,or age.
(c)The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or
understanding,notice to be provided by the contracting officer,advising the labor union or workers'representative of the contractor's commitment under the
Executive Order,Equal Opportunity and Affirmative Action,dated April 16, 1975,and of the rules,regulations,and relevant Orders of the Governor.
(d)The contractor and labor unions will furnish all information and reports required by Executive Order,Equal Opportunity and Affirmative Action of April
16, 1975,and by the rules,regulations and Orders of the Governor,or pursuant thereto,and will permit access to his books,records,and accounts by the
contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules,regulations and orders.
(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.
(0 A labor organization,or the employees or members thereof will not aid,abet,incite,compel or coerce the doing of any act defined in this contract to be
discriminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder;or attempt,either directly
or indirectly,to commit any act defined in this contract to be discriminatory.
(g) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules,regulations,or orders,this
contract may be canceled,terminated or suspended in whole or in part and the contractor may be declared ineligible for further State contracts in accordance
with procedures,authorized in Executive Order,Equal Opportunity and Affirmative Action of April 16, 1975 and the rules,regulations,or orders promulgated
Foray 6-AC-02B(GEN060197) Revised06/01/97 Page 9 of 10 pages
'n at-con.ance 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 sub-contracting or purchase order as the contracting agency may
direct,as a means of enforcing such provisions,including sanctions for non-compliance;provided,however,that in the event the contractor becomes involved
in,or is threatened with,litigation,with the subcontractor or vendor as a result of such direction by the contracting agency,the contractor may request the State
of Colorado to enter into such litigation to protect the interest of the State of Colorado.
COLORADO LABOR PREFERENCE
6a. Provisions of CRS 8-17.101& 102 for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereunder
and are financed in whole or in part by State funds.
b. When a construction contract for a public project is to be awarded to a bidder,a resident bidder shall be allowed a preference against a non-resident bidder
from a state or foreign country equal to the preference given or required by the state or foreign country in which the non-resident bidder is a resident. If it is
determined by the officer responsible for awarding the bid that compliance with the subsection.06 may cause denial of federal funds which would otherwise
be available or would otherwise be inconsistent with requirements of Federal law,this subsection shall be suspended,but only to the extent necessary to prevent
denial of the moneys or to eliminate the inconsistency with Federal requirements(CRS 8-19-101 and 102).
GENERAL
7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation,execution,and enforcement of this
contract. Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extrajudicial 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. My 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 limes during the performance of this contract,the Contractor shall strictly adhere to all applicable federal and state laws,rules,and regulations that
have been or may hereafter be established.
9. Pursuant to CRS 24-30-202.4(as amended),the state controller may withhold debts owed to state agencies under the vendor offset intercept system for:
(a)unpaid child support debt or child support arnearages;(b)unpaid balance of tax,accrued interest, or other charges specified in Article 22, Title 39, CRS;
(c)unpaid loans due to the student loan division of the department of higher education;(d)owed amounts required to be paid to the unemployment compensation
fund;and(e)other unpaid debts owing to the state or any agency thereof,the amount of which is found to be owing as a result of final agency determination
or reduced to judgment as certified by the controller.
10. The signatories aver that they are familiar with CRS 18-8-301,et seq.,(Bribery and Corrupt Influences)and CRS 18-8-401,et seq.,(Abuse of Public Office),
and that no violation of such provisions is present.
II. 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: State of Colorado
(Full Legal) WELD COUNTY BOARD OF OMMISSIONERS ROY ROMER,GOVE 0
��
By Constance L,. Aarbert• )3 oec-
Position(Title) Chair By
.2i-813
Social Se.�r;'Cflr t a.Number Department
of PUBLIC HEALTH AND ENV�MENT
If Corporation,T r • • lii 71 �, PROGRAM APPROVAL
Attest(Affix Seal , i�? ?)2ARTM
Oat{;aaxxeggt.: ,,.�a eti ^,;r. •.,,. .L�I6tta �Q�I PICKLE, M.S.E.
H.
Deputy Clerk v y,sfr rd APPROVALS APP OVRLS:DIRECTOR
A O' a '�adlf3 A. Norton CONTROLLER STAT CONTROLLER
mey General CLIP O
By CA/ By BY• �i .l LL
�
r.le A. erte1\ James E. Martin Clifford W.Hall - -
Assistant Attorney General
F. . AC-02C(GFN060197) Revised 06/0197 State SeIMg Sciggis the last of 10 pages
arthet 'TY
MEMORANDUM
' Cl
Q DATE: Februafy 27, 1998
COLORADO TO: Constance L. Harbert, Chair
Weld County Commissioners
FROM: John S. Pickle, Director
Weld County Health ment
RE: Abstinence Education Contract
Enclosed for Board review and approval is a contract between the Colorado Department of
Public Health and Environment and the Weld County Health Department for the provision of
local abstinence education
This contract will allow the health department to hire a .4 FTE health education specialist to
develop, implement and evaluate this program. The purpose of this program is to provide skills
and encourage youth to abstain from sexual involvement until marriage, thus reducing their risk
for unintended pregnancies and sexually transmitted diseases. This program will promote the
abstinence message and provide program services throughout Weld County.
For these services, the Weld County Health Department will receive a sum not to exceed
$30,573. The term of the contract is from March 1, 1998 through February 29, 1999.
I recommend your approval of this contract.
980347
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