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Home My WebLink About951236.tiffRESOLUTION RE: APPROVE AMENDMENT #2 TO AIDS EDUCATION CONTRACT 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 #2 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, for the period January 1, 1995, through September 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 #2 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 19th day of June, A.D., 1995, nunc pro tunc January 1, 1995. BOARD OF COUNTY COMMISSIONERS COUNTY, COL QRA ATTES itidt Weld County Cleric -to the Bo rd BY. �� ; Deputy Clerktc APP' % a' D AS TO FOR o my Attorney Barbarp J. Kirkmey, Pro-Te fiord / L - /George -E. Baxter .ue-.r.c--)�15 G��_f Constance L. Harbert i• W. H. Webster 51117-0 (#) 951236 HL0021 1Fotm 6 -AC -202A ;R WA) DEPARTMENT OR AGENCY NUMBER 26000 --FHA CONTRACT ROUTING NUMBER 95-1607 AMENDMENT CONTRACT #2 THIS CONTRACT, made this 15th day of April 1991 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 1�( , APPR code 383 Contract Encumbrance Number FHA SOD941010; 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 for the development and operation of an Human Immunodeficiency Virus (HIV) care consortia and; WHEREAS, it is the intention of the parties to amend and increase the original contract SOD941010 by $99.512.00 (Ninety Nine Thousand Five Hundred Twelve Dollars) to a new total of $200.928.00 (Two Hundred Thousand Nine Hundred Twenty Eight Dollars) 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 SOD941010, routing number 94-1010 dated March 21, 1994 and Amendment #1 routing number 95-1607 which are by this reference made a part hereof as Attachment E 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 SOD941010 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: A. By eliminating and striking out from paragraph 6 of the original contract SOD941010, as amended, the words and figures "$101.416.00 (One Hundred One Thousand Four Hundred Sixteen Dollars) for the period beginning April 1, 1994 and continuing through April 30, 1995" and replacing instead the words and figures "$200.928 (Two Hundred Thousand Nine Hundred Twenty Eight Dollars) for the period beginning April 1, 1994 and continuing through March 31, 1996". Page 1 of 4 Pages 951236 B. By amending the budget in paragraph 7 to read: April 1, 1994- March 31, 1995 Personnel Fringe Travel Supplies Contractual Other Audit Indirect $ 19,586.00 $ 2,639.00 $ 1,200.00 $ 750.00 $ 41,024.00 $ 15,095.00 $ 1,619.00 $ 11.702.00 SUB -TOTAL $ 93,615.00 April 1, 1995- April 30, 1995 Personnel Fringe Travel Supplies Contractual Other Indirect $ 1,632.00 $ 220.00 $ 159.75 $ 29.16 $ 3,508.10 $ 120.00 $ 975.00 SUB -TOTAL $ 6,644.01 May 1, 1995- March 31, 1996 Personnel Fringe Travel Supplies Contractual Other Indirect $ 23,586.00 $ 3,802.00 $ 1,340.25 $ 1,170.84 $ 46,786.90 $ 11,005.00 $ 12.978.00 SUB -TOTAL $100,668.99 CONTRACT TOTAL $200,928 C. By eliminating and striking out from paragraph 9 the words and figures "April 30, 1995" and replacing instead the words and figures "March 31, 1996". 4) The effective date of this amendment is April 29, 1995. 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 SOD941010 the provisions of this amendment shall in all respects govern and control. 6) These additional funds are awarded for the provision of additional services and to extend the term of the contract. Page 2 of 4 Pages 951.236 SPECIAL PROVISIONS • .%INTROI.LER'S APPROVAI. 1. This contract shall not he 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 parorm caof ny a c be work approved d is this contract, duly execute and deliver to the State official who will sign the contract, a good and sufficient bond or other acceptable surety apP 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. pmveadoror other supplies used or consumed by such coatractoror his subcontractor in performance of the work eootracted to bedoneor fails to pay any person who supplies rental machinery. tools. or equipment in the prosecution of the work &efurcty 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 employed. agents. subcontractors. or assignees pursuant to the terms of this contract. DISCRIMINATION AND AFFIRMATIVE ACTION 5. The contractor agrees -to comply with the letter sad spirit of die Colorado Antidiscrimination Act of 1957. as amended, and other applicable law respecting discrimination and unfair employment practices (CRS 24-34-4021. and as required by Executive Order. Equal Opportunity and Affirmative Action. dated April 16. 1975. Pursuant thereto* the fallowing provisions shall be contained in all State contracts or sub -contracts. 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 oorigin. marital status. religion. ancestry, mental or physical handicap. or age. The ootmactor will take affirmative action to insure that applicants employed, and thatemployees 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 motional( advatisingz-layoffs or taminationr rates of pay or other forms of compeasatioa: and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment. notices to be prbvided by the contracting officer setting forth provisions of this non-discrimination clause. (b) The contractor will, in all solicitations or advertisements for employees placed by oron behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race. creed, color, national origin. tax, marital status, religion, ancestry, mental or physical handicap. or age. (Cl 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. tall The contractor and labor unions will furnish all information and reports required by Executive Order, Equal Opportunity and Affirmative Action of April lb. 1975. and by the mks, 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. (e1 A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization, or expel any such individual (nun membership in such labor organization ordiscriminate against any of its members in the full enjoyment of work opportunity because of race, aced, color. sex, national origin, or ancestry. n ntract (Il A labor organization, or the employees'or members thereof will llth t aid. d abet, eincite. of compel or oar any rce the ore ding r g of anytheradder or d tin this toner directly tto discriminatory or obstruct or prevent any person from complying provisions -or indirectly. to commit any act defined in this contract to be discriminatory. roan 0 -AC -ON Revised IN3 395-53-01-1022 page 3 of 4 pages 951236 sa..,,----- _,._.�-.:____ _... ._ ..-..�-- -... ..ta...a, ar u.:a 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 he declared ineligible for further State contracts in accordance with procedures, authorized in Executive Order. Equal Opportunity and Affirmative Action of April 16, 1975 and the rules. regulations, or orders promulgated in accordance therewith, and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order. Equal Opportunity and Affirmative Action of April 16. 1975. or by rules, regulations. or orders promulgated in accordance therewith, or as otherwise provided by law. . (h) The contractor will include the provisions of paragraphs (a) through (h) in every sub -contract and subcontractor purchase order unless exempted by rules, regulations. or orders issued pursuant to Executive Order: Equal Opportunity and Affirmative Action of April 16. 1975. so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any 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 arc applicable to this contract if public works within the State are undertaken hereimder 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 requited by the state or foreign eouotry 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 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, defence, or otherwise. Any provision rendered null and void by the operation of this provision will not invalidatethe 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 are familiar with CRS 18-8-30L 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) Cdia(ttg DALE K. HALL (6/19/95) WELD COUNTY BOARD OF C_ Position (Title) CHAIRMAN '�' :•1 IIt' Health s: If Corporation:) Attest (Seal) GALE A. NORTON ATTORNEY citailSNEY GENERAL 3 /ilef Z,4Ce,A By MSsi.T.tan d+:'...:i nett' GenOfr Form 6-AC-O2C General Legal sery is Revised I/93 395-53-0I-1030 STATE OF COLO ROY It for DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT WELD COU s/' E TH D ' A RENT BY: K S. PICKLE, M.S.E. DIRECTOR APPROVALAPPROVALS: coNTROLATATE ONTR9LLER By BY CLIFF � a lrf7A`F 4„ 4 ge _ which is the last of 'See instructions on reverse aide. pages PROGRAM APPROVAL: 951.235 1.4 COLORADO mEmoRAnuum Dale Hall, Chairman To Board of County Commissioners From Subject: Date June 15, 1995 John Pickle, Director, Health Department Amendment #2 to AIDS Education Contract 5 C r".'.( T-', �iL,c.eVV�J -a Enclosed for Board approval is Amendment #2 to the contract between the Colorado Department of Public Health and Environment and the Weld County Health Department. The amendment provides additional funding of $5,532.50 to extend the contract for another three months. This brings the total amount of the contract to $16, 597.50 for the period January 1, 1995 through September 30, 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 Health Department 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. Enclosure 951236 Hello