HomeMy WebLinkAbout981172.tiff RESOLUTION
RE: APPROVE CONTRACT FOR FAMILY PLANNING PROGRAM 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 the Family Planning
Program 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 July 1, 1998, and ending
June 30, 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 the Family Planning Program 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 6th day of July, A.D., 1998, nunc pro tunc July 1, 1998.
-1 --1' BOARD OF COUNTY COMMISSIONERS
Ai` ��'-_l'�„/,� LLD COUNTY, COLORADO
i
A ES 4 °' a
Constance L. ar ert, Chair
Wild County Clerk`o Board ��� /l
AS;
/ • 'I`\ . W. H. ebs er, Pro-Tem
BY: • Ixr-
!tylerktotLdJ
org Baxter
O D AS TO RM:
Dale K. Hall /
//
ey <AA ,-:-- , Tx?Ir___
arbara J. Ciikrreyer
// 981172
LG,' /L; 31-a t HL0024
DEPARTMENT OR AGENCY NUMBER
FAA
CONTRACT ROUTING NUMBER
9900204
CONTRACT
THIS CONTRACT, Made this 1st day of July 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, 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,the 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 625, Contract Encumbrance Number FAA FPP9900204;
WHEREAS, the State has received federal funds under Title X of the Public Health Service Act and funds
from the general fund of the State of Colorado to develop and deliver a comprehensive statewide plan directed
at family planning services;
WHEREAS, the State has formulated a comprehensive State Plan relative to the Family Planning Program
(FPP);
WHEREAS,this comprehensive State Plan allocates funds to be utilized to implement the Family Planning
Program in order to provide these health care services to the people of Colorado;
WHEREAS,this procurement is exempt from the Colorado Procurement Code and Rules because Contractor
is a government entity;
WHEREAS,the Contractor is considered by the State to be an appropriate entity to satisfactorily and timely
perform the requirements of the FPP as more fully described below; and,
WHEREAS, all required approvals, clearances and coordination have been accomplished from appropriate
agencies.
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:
A. EFFECTIVE DATE AND TERM. The effective date of this Contract is July 1, 1998 or on the date
this Contract is approved by the State Controller, whichever is later. The term of this Contract shall
commence on July 1, 1998 and continue through and including June 30, 1999.
B. DUTIES AND OBLIGATIONS OF THE CONTRACTOR
I. The Contractor shall conduct a comprehensive family planning program in Weld County
which will comply with all applicable regulations and subsequent amendments as described
in Title X(42CFR, subpart A,Part 59)as authorized under Section 1001 of the Public Health
Service Act,published in the Federal Register on June 30, 1980. The Contractor will make
1 of 10
this family planning program available to men and women in their reproductive years and
will offer the following services as applicable:
A) Outreach services and/or other program effort for client recruitment.
B) Nursing and medical services which shall include a comprehensive health and social
history and physical examination, in accordance with Title X regulations and the
Nursing-Medical Policy and Procedures established by the Colorado Department of
Health Women's Health Section.
C) Contraceptive information, education, and supplies regarding all family planning
methods.
D Education and counseling services regarding family planning, family planning
methods, child spacing, infertility, sterilization, nutrition, sexually transmitted
diseases, HIV/AIDS and related health issues.
E) Follow-up and/or referrals, as appropriate.
2. The Contractor shall render acceptable services as determined by the Women's Health
Section (WHS). The rendering of acceptable services includes, but is not limited to,
compliance with applicable Nursing-Medical Policies and Procedures, Title X regulations,
and all fiscal and administrative policies of the FPP. All Nursing-Medical Policies and
Procedures,Title X regulations and Administrative/Fiscal Policies have been provided to the
Contractor by the state.
3. The Contractor shall permit the Nursing Consultant and Administrators assigned by WHS
reasonable access to its operations to conduct periodic evaluation of the Contractor's family
planning program based on established standards and policies. The Contractor agrees to
cooperate in any evaluation and program recommendations directed by the State.
4. The Contractor shall comply with recommendations made by the Nursing Consultant and/or
Administrators to bring its program in compliance with all state and federal policies and
regulations following these periodic site visits or data reviews. Recommendations must be
met within a three-month period or evidence must be shown that progress is being made
toward meeting said recommendations.
5. The Contractor shall collect, and provide to the state on a monthly basis, by the 15th of the
following month, data regarding clients and services of its family planning program.
6. The Contractor shall submit Nursing-medical chart audits to the Women's Health Nursing
Consultant upon request.
7. The Contractor shall use program income generated from client fee collections and donations
only for family planning purposes which further the objectives of the legislation under which
this contract is made. In accordance with Title X guidelines,the Contractor shall not charge
for any Title X required services provided to clients who are at or below 100%of the official
poverty line as defined by the Office of Management and Budget, a copy of which has been
provided to the contractor by the State. When the State receives new poverty guidelines
from the OMB, then the State shall forward these new guidelines to the Contractor. The
Contractor shall utilize these new guidelines upon receipt. Charges for services to clients
who are above 100%of poverty level, must be on a sliding scale which takes into account the
client's family size and/or individual income. These charges and the sliding fee scale must
be made available to the general public,to all clients the State. Charges must be based on the
Contractor's costs of providing the services, which shall be reviewed annually by the
2 of 10
Contractor and the State. The Contractor shall insure that all clients understand they will not
be denied services because of an inability to pay any of the sliding fee charges.
8. The Contractor shall use the cytology laboratory chosen by the State or a laboratory approved
by the State.
9. During the initial term of this Contract and any renewal term thereof, the Contractor agrees
to provide to the state quarterly expenditure/revenue reports a sample copy of which is
incorporated herein by this reference, made part hereof, and attached hereto as
"Attachment A". The quarterly expenditure/revenue report is due not later than forty-five
(45) calendar days after the end of the quarter for which the report is submitted. The
quarterly expenditure/revenue report shall contain, but is not limited to, the following
information; the total actual costs incurred by the Contractor to provide FPP during the
quarter, and sources and amounts of funding which pay for the services. The July-September
report shall also include the results of a time study which gives the percentages of time
allocated to Medical and Non-medical cost centers.
10. The Contractor shall protect the confidentiality of all client records and other materials that
are created or maintained under this contract. Except for purposes directly connected with
the administration of this Contract, no information about or obtained from any client shall
be disclosed in a form identifiable with the client without the prior written consent of the
client. 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.
11. The Contractor shall provide services to all program participants and employees in a
smoke-free environment. Smoking may not be permitted in waiting areas, examination
rooms, formal sessions providing education, therapy, or similar services. Designated
smoking areas may be established for staff, program participants, family members, and
visitors. These designated areas should be well ventilated in order that the waiting area and
the service delivery environment remain smoke free.
C. DUTIES AND OBLIGATIONS OF THE STATE
1. In consideration of those services satisfactorily and timely performed by the Contractor, the
State shall cause to be paid to the Contractor an amount not to exceed Eighty-six thousand
ninety-six dollars($86.096). Of this total financial obligation of the State to the Contractor
under this Contract, $52,450 are identified as attributable to a federal funding source(Title
X) and $33,646 are identified as attributable to a funding source of the state of Colorado
(general fund).
Of the total financial obligation of the State to the Contractor under this Contract, the
Contractor shall use Eighty-four thousand five hundred ninety-six dollars($84,596)to provide
contraceptive services to approximately]604 family planning clients and One thousand five
hundred ($1500) (State general fund dollars) to provide cryosurgery and/or pap smear
screening services to 20 clients.
2. Upon affirmation by the WHS that the Contractor has satisfactorily and timely provided the
described services under this Contract,the State shall pay the Contractor as follows:
3 of 10
A. For the months of July through December inclusive, the Contractor shall bill for
1/6th of the $52,450 Title X contraceptive service amount($3.741.59/month). For
the months of January through June inclusive, the Contractor shall bill 1/6th of the
$32,146 State general fund contraceptive service amount ($5,357.75/month).
Payments of monthly reimbursement requests, submitted on a signed "Contract
Reimbursement Statement"which is incorporated herein by this reference, made a
part hereof and attached hereto as "Attachment B", are contingent upon the
Contractor's compliance with all the terms and conditions of this Contract.
B. The State shall reimburse the Contractor$75.00 for cryosurgery/pap smear screening
services as expended. Monthly billings for these services shall be included on the
Contract Reimbursement Statement and must include total numbers of services
provided.
3. 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 C". 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 Chang Order Letter shall
include the following information:
A. Identification of this Contract by its contract number and affected paragraph
number(s);
B. The type(s)of service(s) increased or decreased and the new level of each service;
C. The amount of the increase or decrease in the level of funding for each service and
the new total financial obligation;
D. The intended effective date of the funding change;
E. A provision stating that the Change Order Letter shall not be valid until approved the
State Controller or such assistant as he may designate.
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.
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 date of termination
has occurred.
4 of 10
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
4. The State may renew this Contract through a"Contract Renewal Letter", a sample of which
is incorporated herein by this reference, made a part hereof, and attached hereto as
"Attachment D". 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 type(s) of service(s)or program(s), 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.
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 described above, shall be made by a formal
amendment to this Contract executed in accordance with the Fiscal Rules of the State of
Colorado.
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.
5 of 10
C IIN I(R.AI. PROVISIONS'
Hie parties n.uruit that each po. iCtni fur form to rtter into Ihis t uiti ;a. I lie parties liu'Itr ti arrant hat each has oaken .dl action.
required bs its:Ipplictble law. procedures. ale or \c-la));la e\relsc that authority. and to l,t hill). author ,'e is ands si t agnator to execute Iles
i_onu.ict and hind that party to its terms. [lie person or persons aning this Contract.nr an attachments or amendments hereto. also waratulsi that such
person( t possesses auual. legal authority to execute rte«ontract. and inn attachments or amendments hereto. on hehulfoi:hat parts.
THE CONTRACTOR SHALL PERFORM ITS DI TIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN
EMPLOYEE OF THE. STATE. NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE, OR
SHALT. BE DEEMED 1'O BE, AN AGENT OR E>IPLOY EL, OF THE. STATE. THE CONTRACTOR SHALL PAN WHEN DUE ALL
REQUIRED ENIPLO\'TENT T\XES 1ND INCOME TAX \ND LOCAL HE.\D TAX ON 1NY MONIES PAID PURSUANT TO THIS
CONTRACT. THE CONTRACTOR.ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO
UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR A THIRD P.1 RTY PROVIDES SUCH COVERAGE AND
THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. THE CONTRACTOR SHALL HAVE NO
\UTHORIZATION, EXPRESS OR IMPLIED.TO BIND THE STATE TO ANY AGREEMENTS. LIABILITY. OR UNDERSTANDING EXCEPT
\S EXPRESSLY SET FORTH HEREIN. THE CONTRACTOR SHALL PROVIDE \ND 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.
3. If this Contract is in the nature of personal services. then the State reserves the right to inspect services provided under this Contract at all reasonable
times and places during the term of this Contract. "Services".as used in this clause. includes services performed or written work performed in the
performance of services. If any or'the services do not conform with the terms of this Contract,then the State may require the Contractor to perform the
services again in conformity with the terms of this Contract,with no additional compensation to the Contractor for the repertirmed services. When defects in
the quality or quantity of the services cannot he corrected by reperformance. then the State may: require the Contractor to take all necessary action(s)to ensure
that the future performance conforms to the terms of the Contract: and. equitably reduce the payments due to the Contractor under this Contract to reflect the
reduced value of the services performed by the Contractor. These remedies in no way limit the other remedies available to the State as set forth in this
Contract.
4. If, through any cause attributable to the Contractor's action(s)or inaction(s).the Contractor: fails to fulfill. in a timely and proper manner. its duties
and obligations under this Contract:or. violates any of the agreements,covenants. provisions. stipulations,or terms of this Contract-then the State shall
thereupon have the right to terminate this Contract for cause by giving written notice thereof to the Contractor. Such written notice shall be given at least ten
(I 0 calendar days before the proposed termination date and shall afford the Contractor the opportunity to cure the default or state why termination is
otherwise inappropriate. If this Contract is terminated for default.then all finished or unfinished data,documents.drawings.evaluations.hardware,maps.
models. negatives. photographs,reports.software.studies,surveys.or any other material,medium or information,however constituted,which has been or is to
be produced or prepared by the Contractor under this Contract shall,at the option of the State,become the property of the State. The Contractor shall be
entitled to receive just and equitable compensation for any services or supplies delivered to.and accepted by.the State. The Contractor shall return any
unearned advance payment it received under this Contract to the State. Notwithstanding the above. the Contractor is not relieved of liability to the State for
any damages sustained by the State because of the Contractor's breach of this Contract. The State may withhold any payment due to the Contractor under this
Contract to mitigate the State's damages until such time as the exact amount of the State's damages from the Contractor's breach of this Contract is
determined. If,after terminating this Contract for default, it is determined for any reason that the Contractor was not in default,or that the Contractor's action
or inaction was excusable,then such termination shall be treated as a termination for convenience.and the rights and obligations of the parties shall be the
same as if this Contract had been terminated for convenience,as described herein.
5. The parties may.when the interests of the parties so require,terminate this Contract in whole or in part,for the convenience of the terminating party.
The terminating party shall give written notice of such termination to the other party specifying the part(s)of the Contract terminated. Such written notice
shall be given to the other party at least thirty(30)calendar days before the effective date of termination. If this Contract is terminated for convenience,then
all finished or unfinished data,documents,drawings,evaluations,hardware.maps. models,negatives. photographs, reports,software,studies,surveys,or any
other material,medium or information, however constituted,which has been or is to be produced or prepared by the Contractor under this Contract shall,at the
option of the State,become the property of the State. The Contractor shalt be entitled to receive just and equitable compensation for any services or supplies
delivered to,and accepted by.the State. The Contractor shall return any unearned advance payment it received under this Contract to the State. This
paragraph in no way implies that a party has breached this Contract by the exercise of this paragraph. If this Contract is terminated by the State as provided
for herein,then the Contractor shall be paid an amount equal to the percentage of services actually performed for,or goods actually delivered to. the State. less
any payments already made by the State to the Contractor for those services or goods. However, if less than sixty percent(60%)of the services or goods
covered by this Contract have been performed or delivered as of the effective date of termination.then the Contractor shall also be reimbursed(in addition to
the above payment) for that portion of those actual"out-of-pocket-expenses(not otherwise reimbursed under this Contract) incurred by the Contractor during
the term of this Contract which are directly attributable to the uncompleted portion of the services.or the undelivered portion of the goods.covered by this
Contract. In no event shall reimbursement under this clause exceed the total financial obligation of the State to the Contractor under this Contract. If this
Contract is terminated for default because of the Contractor's breach of this Contract, then the provisions of paragraph 4 above shall apply.
I Rev. 04/03/9S): GENERAL PROVISIONS
•
pace 6 of 10 na'•s
t, I he Contractor authorizes the State. or lb.unbar i red agents. a,perform audits and In make inspections ;Or the purpa>e of cy:d oat I it ti the
lomractor.S perinrmance under this Contract.
7. lithis Contract invokes the expenditure of federal hinds, then this Contract is contingent upon the continued availability of those federal funds for
payment pursuant to the terms of this Contract. rite Contractor also agrees to fulfill the requirements ot:
A. Office of Management and Budget Circulars A-87.A-21.or A-122-and A-102 or A-110.as applicable:
B. the"Batch Act'(3 J.S.C.1 1501-I SUS)and Public Law 95.454. Section 4728. These federal statutes declare that federal kinds 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 mandate 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. 1211 I - 12117. 12_131 - 12134. 12141 • 12150.
12161 - 12165. 12181 - 12189, 12201 - 12213 and 47 U.S.C. 225 and 47 U.S.C.61 I):
F. if the Contractor is acquiring an interest in real property and displacing households or businesses in the performance of this Contract.then
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).
8. By signing and submitting this Contract,the Contractor affirmatively avers 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.);and.
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.
9. To be considered for payment,billings for payments pursuant to this Contract must be received within thirty(30)calendar days after the period for
which payment is requested. Final billings under this Contract must be received by the State within sixty(60)calendar days of the end of this Contract's
initial or successive terms.
10. In accordance with Office of Management and Budget(OMB)Circular A-133(Audits of States,Local Governments,and Non-Profit Organizations),
if the Contractor receives federal funds from any source, including State pass through money,in an aggregate amount in excess of $300,000.00(June 24,
1997),per federal fiscal year(October 1 through September 30),then the Contractor shall have an annual audit performed by an independent certified public
accountant which meets the requirements of OMB Circular A-133. If the Contractor is required to submit an annual indirect cost proposal to the State for
review and approval,then the Contractor's auditor shall audit the proposal in accordance with the requirements of OMB Circulars A-21 (Cost Principles for
Educational Institutions),A-87(Cost Principles for State,Local and Tribal Governments),or A-122(Cost Principles For Non-Profit Organizations),whichever
is applicable. The Contractor shall furnish one(I)copy of the audit report(s)to the State's Accounting Office within thirty(30)calendar days of issuance:but
in no event later than nine(9)months after the end of the Contractors fiscal year. If(an)instance(s)of noncompliance with federal laws and regulations
occurs. then the Contractor shall take all appropriate corrective action(s)within six(6)months of the issuance of(a)report(s). The Contractor shall grant the
State.or its authorized agents, access to the Contractor's relevant records and financial statements. The Contractor shall retain all such records and financial
statements for a period of three(3)years after the date of issuance of a final audit report. This Contract DOES/DOES NOT(strike inapplicable language)
contain federal funds as of the date it is signed. This requirement is in addition to any other audit requirements contained in other paragraphs of this Contract.
I I. If applicable."Local Match-shall be included on all monthly payment statements, in the column provided therefor,as required by the funding
source.
12. The Contractor shall not use federal funds to satisfy federal cost sharing and matching requirements unless approved in writing by the appropriate
federal agency.
race 7 of IO„an,-.
13 Neither the Contractor nor the State.hall he liable to the other tin'amt delat in. or failure of perlbrmancc of.ens enen nt or promise contained di
this Contract: nor shail any delab or tailurc constitute default or,2ne rise to an liahiIti> for damages if.and only to the event that. such delay or[adore is
caused by a super'enin_cause. As used in this Contract."super enin cause.' is defined to mean. an act of God. tire. explosion.action Cl the elements.strtlke.
interruption of transportation. rationing. court action. dleea ir. unusually se'ere weather. tvar.nr env other cause a hich is heyond the control of the affected
party and which. be the exercise of reasonable diligence.could not have been presented by the affected party.
14. It is expressly understood and agreed to between the parties that the enforcement of the terms and conditions of this Contract.and all rights of action
related to such enforcement,shall he strictly reserved to the State:md the named Contractor. Nothing contained in this Contract shall give or a flow any claim
or right of action whatsoever to or by any third person. Nothing contained in this Contract shall be construed as a waiver of any provision of the Colorado
Governmental Immunity Act. section 24-I0.10I _r ea . C.R.S.. as amended. It is the express intent of the State and the named Contractor that any person or
entity. other than the State or the named Contractor. receiving services or benefits under this Contract shall be deemed an incidental beneficiary only.
15. To the extent that this Contract may be executed and performance of the obligations of the parties may be accomplished within the intent of this
Contract, the terms of this Contract are severable. If any term or provision of this Contract is declared invalid by a court of competent jurisdiction.or becomes
inoperative for any other reason,then such invalidity or failure shall not affect the validity of any other term or provision of this Contract.
•
Ib. The waiver of a breach of a term or provision ofthis Contract shall not be construed as a waiver of a breach of any other term or provision of this
Contract or, as a waiver of a breach of the same term or provision upon subsequent breach.
17. If this Contract is in the nature of personal/purchased services. then.except for accounts receivable. the rights.duties,and obligations of the
Contractor cannot be assigned.delegated,or otherwise transferred,except with the prior.express,written consent of the State.
18. Except as otherwise provided for herein,this Contract shall inure to the benefit of.and be binding upon.the parties hereto and their respective
successors and assigns.
19. Unless otherwise provided for in this Contract,the Contractor shall notify the State.within five(5)working days after being served with a summons.
complaint,or other pleading in a case which involves any services provided under this Contract and which has been filed in any federal or state court or
administrative agency.The Contractor shall immediately deliver copies of any such documents to the State.
20. This Contract is subject to such modifications as may be required by changes in applicable federal or state law,or federal or state implementing
rules, regulations,or procedures of that federal or state law. Any such required modification shall be automatically incorporated into,and be made a part of,
this Contract as of the effective date of such change as if that change was fully set forth herein. Except as provided above,no modification of this Contract
shall be effective unless such modification is agreed to in writing by both parties in an amendment to this Contract that has been previously executed and
approved in accordance with applicable law.
21. Notwithstanding anything herein to the contrary,the parties understand and agree that all terms and conditions of this Contract,and the exhibits and
attachments hereto,which may require continued performance or compliance beyond the termination date of this Contract shall survive such termination date
and shall be enforceable as provided herein in the event of a failure to perform or comply by a party to this Contract.
22. Notwithstanding any other provision of this Contract to the contrary,no term or condition of this Contract shall be construed or interpreted as a
waiver,express or implied,of any of the immunities,rights,benefits,protections,or other provisions of the Colorado Governmental Immunity Act(CGIA),
section 24-10-101,et reo..C.R.S.,as now or hereafter amended. The parties understand and agree that liability for claims for injuries to persons or property
arising out of the alleged negligence of the State of Colorado, its departments. institutions,agencies,boards,officials.and employees is controlled and limited
by the provisions of section 24-10.101 gr,ear.,C.R.S.,as now or hereafter amended.
23. The captions and headings used in this Contract are for identification only,and shall be disregarded in any construction of the terms,provisions,and
conditions of this Contract.
24. The parties hereto agree that venue for any action related to this Contract shall be in the City and County of Denver.Colorado.
25. This Contract is 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 Fiscal Rules of the State of
Colorado.
„„ 8 „r 10,...,.....
SP FC 1.\I.PROVISIONS
CONTROLLER'S,APPROVA L.
This contract shall not he deemed valid until it shall have been approved t' the Controller of the State of Colorado nr such assistant as he may designate.
FUND.\V.\ILABILITV
_. Financial obligations ul the State pas able alter 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 fitly 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 f-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 33-26-106.
INDEMNIFICATION.
1. To the extent authorized by law,the contractor shall indemnity,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 actor 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 24-31-30?),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 and subcontracts.
During the performance of this contract,the contractor agrees as follows:
(a) The contractor will not discriminate against any employee or applicant for employment because of race,creed,color,national origin,sex,marital status,religion,ancestry,
mental or physical handicap,or age. The contractor will take affirmative action to insure that applicants are employed,and that employees are treated during employment,without
regard to the above mentioned characteristics. Such action shall include,but not be limited to the following:employment upgrading,demotion,or transfer,recruitment or recruitment
advertising;lay-offs or terminations;rates of pay or other forms of 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,dated April 16,1975,and
by the rules,regulations and Orders of the Governor,or pursuant thereto,and will permit access to his books,records,and accounts by the contracting agency and the office of the
Governor or his designee for purposes of investigation to ascertain compliance with such rules,regulations and orders.
(e) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization,or expel any such individual from
membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity because of race,creed,color,sex,national origin,or
ancestry.
(f) A 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,dated 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,dated April 16,1975,or by rules,regulations,or orders
promulgated in accordance therewith,or as otherwise provided by law.
Ih) The contractor will include the provisions of paragraphs(a)through(h)in every subcontract and subcontractor purchase order unless exempted by rules,regulations,or
orders issued pursuant to Executive Order,Equal Opportunity and Affirmative Action,dated 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.
page 9 of II) pages
CO LOR.A DO LABOR PREFERENCE.
„a. Provisions of CRS 8-17-1111 111:for Colorado Nor ire.rpplicahle to this contract it public works etilun the State ore undertaken hereunder.ind are financed in%shoie
or in part by State funds.
h 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
Iireign 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 hid that comp Nance with this subsection 06 may cause denial or federal funds which would otherwise he available or would otherwise he inconsistent with requirements
of Federal law.this subsection shall be suspended,hut only to the extent necessary to prevent denial of the moneys or to eliminate the mconsistenco with federal requirements.t CRS
8-19-1111 and 10'_1
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 a'actable in any action at law whether by way of complaint.defense.or othencise. Any provision rendered null
and void by the operation of:his provision will nut rats al idate the remainder of this contract to the extent that the contract is apable 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 Pursuant to CRS 24-30-2021(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 an-earages:(bl 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:Id)owed amounts required to be paid to the unemployment compensation fund:and(c)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 I8-8.301,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 as of the date and year tint above written.
CONTRACTOR: STATE:
Weld County Board
(Full Legal Name) of Commissioners STATE OF COLORADO
�_,,,'� �� Roy Romer,Governor, /fin
By: 1":"v-[/.v»rl„2c i�Cll�fi/ , By: e / -C'�t—�i-•-
onstance L. Harbert (07/06/98)
DEPARTMENf OF
Position(Title) Chair PU IC HEALTH AND ENVIR NMENT
84-6000-813 ..e..4./....
Social Security Number or Federal L t NuL, Program Approval _ a
If Corporation,Town/ Conn , rE, '•�•'. s 1 �`
a
Attest(Affix Seal) ►� �', .r;;; �� .WELD C00N1,117") PARTMENT
,, :fa,
r� - I BY:
By: •�/� �� ! l: JO N S. PICKLE, M,S.E.H.
S DISQFSit] f(74.�.:A'►��RS' DIRECTOR
Deputy Clerk to t•4 rI
Uwr,1 ' APPROVALS: APPROVALS:
ATTORNEY GENERAL -- CONTROLLER `j TAT CONTROLLER
Q• rton -I F CVf AL racy Genera9 ;'�Dy: Dy:
PH/
e A.No Clifford W.Ha
James E. Martin
Assistant Attorney General
State Services Section
Page 10 which is the last of 10 pages
A-7.7ACIT: A„
DELEGATE AGENCY CUARTERLY EXPENDITURE/REVENUE REPORT
FAMILY PLANNING PROGRAM
AGENCY NAME
PERIOD
COMPLETED BY
DATE
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIOIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII111111111111111111111111111111111111111111111111111111111111111IIfllllllllllll
EXPENDITURES
Personal Services
Salary
Fringe
Subtotal Personal Services
Contractual Services
Personnel
Lab
Other
Subtotal Contractual Services
Operating Expenses
Supplies
Training
Other
Subtotal Operating Expenses
Travel
•
Equipment
Subtotal Direct Costs
Indirect Costs
TOTAL EXPENDITURES
In Kind
TOTAL COSTS
H 111111IIIII II II IIII IIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIMIIIIIIIIIIIIIIIIIIII I
REVENUES
CDPHE-Women's Health
Patient Fees
Patient Donations •
Medicaid •
Local Support
InkGnd (Other Donations)
Other(explain)
TOTAL
• Unspent funds-This quarter
Unspent funds-Prior quarters
Balance Unspent funds
REV_3/96
L
C
a
N F
Z ro
w C a
xx" a)
C) E •
L al L
H C N U
H 0 l
6 E R u
11 E O
O A U
w al
Si m
17 '6
W C ro
it 21
w
L m
W
-I(.1 U
C C N 0
O U y
E 5.4 C v N
C # a) 0 L L
U
U ro C
E
m a) ' b Q °
>
W L 4..) ❑ v si v 1 7-1 C N
U U
C C C 0 C
U m
G E C) I W 4
a
ro al Ti 0 W L
L E ro rl I a
.Li 14 h a a L m
0 ro 0 a)
ro 1.i
h 0 > L
II C ° A° E
al C E
-.Ui m C , u m ro C
-.1 r ro uli ri N O rl L v v
A S a
❑ .-t 111 a 4
ap ro °
E a N 077
A N al v
WO '� 0 N U 1J N
CU III C :O
L C � 74 .°i v .vi >O .c
C. L E YC a) > O L %. CO
a) Ua
L it a' ❑ fa a) O pro. °' N
H W O 01 in a
L > N 3 N E
W U ro L > of m
CU
❑ F N 1r 7
i Cat 4 3 -.
N a
U C14 O v
Cl'
77 O H U w U 1.1
N MC 14 Cr) N U N o a U -)
C al U N 0 V a) - 11 3+ H
al X U N F1 m L C .m
E
U 0 v
1+ -.i .O-1 1v.1 -.OI 0 .C O
Ql 11 L ro 0. N u N U
O Cl -M L It }a N C ri
F 14 inL r' N
W in 4C .. O al ro N
v a) ca ,y
E
Cl) v N 44 0 0 L VI L L L N
it 0
C U om w U m' a w E aA) 1Li
m < .141 o y ra H
44 u 04 a° -
) 1~i m w
a. S CU U N U) 11 L 'd W
>. 3 .C • >
Y1 U a L U O 3+ a) 0.
0.
C 41 a) N ❑
-`11 u❑i o > C N E Li m a)) ° '1 U m
E S O C en
al U n a) KC N ro N ) a A A ` a.
p.
G. W d' CI L -.1 N L i
7 a L
0 L -.a C a) 1a w
L...,
0 E 0 .C al Cn •C N =
F in 1n in F F s1 vl H -.1 0
Q v)
STATE OF COLORADO
Roy Romer, (;osernnr
I'atti Shwavder, Executive Director �F^o�
43,(5 -trs
Dedicated to protecting and improving the health and CM'moment of the people of Colorado M37 '\
i
1300 Cherry Creek IJr.S. Laboratory and Radiation Services Division •1 C' �I•r
Denver. Colorado 8022.16-1530 8100 Lowry Blvd. •
® /•,,
Phone(3031(392-2000 Denver CO 80220-6928 /476,A
I ocated in Glendale,Colorado 60.11 692-3090 Colorado Department
httpZwwiv capne.state_co.us of Public Health
and Environment
Attachment
CONTRACT CHANCE LETTER k_
STATE FISCAL YEAR _
Date
TO
In accordance with Paragraph of the contract with routing number and
contract number — [as amended by Change Order Letter routing number
, and/or Renewal Letter routing number ] , hereinafter referred to as the
Original Contract (copy attached and by this re erence made a part hereof) between
the State of Colorado, Department of Public Health and Environment, Family Planning
Program and , covering the period , 199 to ,199 , the
the parties agree that the maximum amount payable by the State for the eligible
services in Paragraph _ of the Original Contract is being increased/decreased by
Dollars (5 ) to a new total of Dollars (5 ) .
The number of patients to be served is to be increased/decreased by patients
to a new total of patients;
This contract change letter is intended to be effective but in no event
sha] ] it be deemed va] id until it is approved by the Stare onrrn er nr his design?=.
Please sign, date, and return all copies of this notification as soon as possible to:
Gleneda Hayes
Colorado Department of Public Health & Environment
Family Planning Program
4300 Cherry Creek Drive South
Denver, Colorado 80222-1530
A fully executed copy will be returned to you when fully approved.
Contractor State of Colorado:
Full Contractor Name Roy Romer, Governor
By: Signature
• By:
Print Name: For the Executive Director
Colorado Department of Public Health
and Environment
Title
APPROVALS: APPROVALS:
PROGRAM CONTROLLER -
•
BY: BY:
Clifford W. Hall
STATE OF COLORADO
:uv Romer, Governor
Patti ,hwavrler, L.vecut,C Director 0a/an,.
Dedicated CO prctec;ing ana improving B the health and en vonmuu cr the people 01 Colorado /
;1.
1300 Cherry Creek IJr.S. I aboratory and Radiation Services Division '� /.^
Denver, Colorado1102-16-1330 17001 owry lied N—�o-t«/.'
Phone 13031 692-2000 Denver CO 110220-69211
6'U9 r8'I7a
Located in Glendale, Colorado 13011'02-30"0 Colorado Department
hop a tvwwcdp„c_state.c,u; of Public Health
and Environment
Attachment "D"
DATE
State Fiscal Year 19 Contract Routing Number
Contract Renewal Letter No.
In accordance with Paragraph _ of the contract with routing number And contract number
(as amended by renewal letter, routing number ), hereinafter referred to as the Original Contract
(copy attached and by this reference made a part hereof) between the state of Colorado, Department of Public
Health and Environment, Family Planning Program and the parties hereby agree
the Original Contract is hereby renewed for the period July I, 199_through June 30. 199_. The parties agree
that the maximum amount payable by the State for the eligible services during this renewal period is
Dollars ($ ). The state will pay Dollars ($ ) to provide family planing services to_
clients and for cryosurgery and/or pap smears screening services for clients. The terms and conditions of
the original contract are hereby reaffirmed and will continue in full force and effect throughout this renewal
period unless otherwise stated.
This amendment to the Original Contract is intended to be effective , but in no event will it be
deemed valid until it will have been aooroved by the State Controller or such assistant as he may designate.
Please sign, date and return all originals of this letter as soon as possible to:
Gleneda Hayes
Colorado Department of Public Health & Environment
Family Planning Program
4300 Cherry Creek Drive South
Denver, CO 80222-1530 •
•
One original of this letter will be returned to you when fully approved.
Contractor State of Colorado:
Full Contractor Name Roy Romer, Governor
By:
Signature
Print Name: By:
For the Executive Director
Title Colorado Department of Public
Health & Environment
APPROVALS: APPROVALS:
PROGRAM CONTROLLER
By: By:
Clifford W. Hall
( f, mEmoRAnDum
WE`�pCConstance Harbert, Chair
To Board of County Commissioners Date July 1, 1998
COLORADO
From John Pickle, Director, Health Department a/
Subject:
Family Planning Contract
Enclosed for Board review and approval is a contract between the Colorado Department of
Public Health and Environment and Weld County Health Department for the Family Planning
Program.
Under the terms of this contract, WCHD will be reimbursed an amount not to exceed $84,596 to
provide contraceptive services to approximately 1,600 family planning clients and $1,500 to
provide cryosurgery and/or pap smear screening services to 20 clients. This amounts to a total of
$86,096 for the period July 1, 1998 through June 30, 1999 which is an increase of$7,628 over
last year's contract.
This program continues to be one of the tools we use in working with the teen pregnancy issue. I
recommend your approval of this contract.
Enclosure
981172
Hello