HomeMy WebLinkAbout991705.tiff RESOLUTION
RE: APPROVE CONTRACT FOR CANCER PREVENTION 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 Cancer Prevention
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 Department of Public Health and
Environment, and the Colorado Department of Public Health and Environment, commencing
August 15, 1999, and ending August 14, 2000, 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 Cancer Prevention 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 Department of Public Health and Environment, 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 26th day of July, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
ILI/ COUNTY, COLO'ADO
ATTEST: /j� � A,
al K. Hall, Chair
Weld County Clerk to the r I; '� —4�
IOC ,
i `"'-, fir"' arbara . Kirkmeye', Pr -Te /
BY: - .. •
.A
Deputy Clerk to the Boar
/' eorge . xter 2 7A-PPRO [5 S TO FORM: 2?Ce
�o ty Attorney Atediog
Glenn VaJT
991705
cc: ik. HL0025
Department or Agency Name
COLORADO DEPARTMENT OF
PUBLIC HEALTH AND ENVIRONMENT
Department or Agency Number
FLA
Contract Routing Number
0000076
CONTRACT
This CONTRACT is made this 30th day of July„ 1999,by and between: the State of Colorado,for the use and
benefit of the DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT whose address or principal place
of business is 4300 Cherry Creek Drive South,Denver,Colorado 80246,hereinafter referred to as"the State";
and,Weld County Health Department, whose address or principal place of business is 1551 North 17'"Ave.
Greeley,Colorado 80631,hereinafter referred to as"the Contractor".
WHEREAS,as to the State,authority exists in the Law and Funds have been budgeted,appropriated,and otherwise
made available,and a sufficient uncommitted balance thereof remains available for subsequent encumbering and
payment of this Contract in Fund Number 100,Appropriation Account 773, and Organization Number 7340,under
Encumbrance Number PPG0000076;
WHEREAS,the State has received funding through a grant from the Centers for Disease Control and Prevention
(CDC)to implement a comprehensive breast and cervical cancer control project,titled the Colorado Women's
Cancer Control Initiative(CWCCI);and
WHEREAS,the CDC grant requires the State to facilitate the design,implementation and evaluation of outreach
activities directed toward women who are eligible for screening and diagnostic services through the project;and
WHEREAS,a need exists in the state of Colorado for CWCCI public education and outreach services in Weld
County; and
WHEREAS, as of the made date of this Contract,the State has a currently valid Group II purchasing de gation
agreement with the Division of Purchasing within the Colorado Department of Personnel;
WHEREAS,section 29-1-201, 8 C.R.S., as amended, encourages governments to make the most efficient and
effective use of their powers and responsibilities by cooperating and contracting with each other to the fullest extent
possible to provide any function, service, or facility lawfully authorized to each of the cooperating or contracting
entities, and to this end all State contracts with its political subdivisions are exempt from the State's personnel rules
and the State procurement code;and,
WHEREAS, all required approvals,clearances,and coordination have been accomplished from and with all
appropriate agencies.
Page 1 of 15
NOW THEREFORE, in consideration of their mutual promises to each,stated below,the parties hereto agree as
follows:
A. EFFECTIVE DATE AND TERM. The effective date of this Contract is August 15, 1999 or on the date
the State Controller approves this Contract,whichever is later. The initial term of this Contract shall
commence on August 15, 1999,and continue through and including August 14,2000,unless sooner
terminated by the parties pursuant to the terms and conditions of this Contract. The total term of this
Contract,including any extensions or renewals hereof, may not exceed five(5)years.
B. DUTIES AND OBLIGATIONS OF THE CONTRACTOR.
The Contractor agrees to provide the following community coordinator services:
1) Conduct public education and outreach activities to recruit women for breast and cervical cancer
screening services who are age 40 years and older,whose household income is less than or equal
to 200%of the federal poverty level,who are uninsured or under insured, and who have not been
screened in the past year. Special efforts will be made to reach priority populations who are
racial, ethnic,and cultural minorities , i.e.,American Indians,African Americans,Asian/Pacific
Islanders and Hispanics;lesbians;women with disabilities; and women who live in hard to reach
urban and rural areas. These activities shall include,but are not limited to: coordinating
community-based media education and coordinating and conducting educational presentations.
2) Provide one to one(individual)recruitment and counseling of women eligible for screening
services for a minimum of fifty(50%)of the Contractor's time. These activities shall include,but
are not limited to: arranging transportation and making appointments for screening exams,
answering questions about services and eligibility,and providing support at community screening
sites.
3) Collaborate with case managers and other appropriate staff at agencies providing CWCCI breast
and cervical cancer screening services to direct women eligible for services into those agencies.
4) Recruit volunteer members and,regularly convene and maintain at least one community coalition
to assist with the planning and implementing public education and outreach activities.
5) Within 15 days following the end of the month during which services were rendered:
• Submit to the State on a monthly basis, CWCCI Community Coordinator Co act Logs,
a copy of which is incorporated herein by this reference,made a part herspf, d attached
as"Attachment A". These monthly logs shall describe all outreach activitie including
the dates,the types of activities,the location,the number of women reached,the hours
spent on one to one contact and the total hours. Copies of print and,when feasible,
electronic media will also be submitted to the state.
Submit to the State the minutes and attendance records of all community coalition
•
meetings, and a statement of the number of hours volunteered by members while
attending meetings and conducting outreach activities.
Provide documentation of in-kind or cash contributions received by the Contractor while
•
conducting public education and outreach activities. These contributions may be used as
"local match"for the federal dollars received for this project. The State shall request this
information not less than two(2)times per year.
6) Acknowledge the CWCCI on any material developed and distributed through these activities.
Page 2 of 15
7) Participate in two(2)conference calls and two meetings or trainings in Denver, Colorado of
CWCCI Community Coordinators conducting these activities statewide.
C. DUTIES AND OBLIGATIONS OF THE STATE.
1. The State shall, in consideration of those services satisfactorily and timely performed by the
Contractor under this Contract,cause to be paid to the Contractor a sum not to exceed Twenty-
two thousand one hundred twenty-two dollars for the initial term of this Contract. Of the total
financial obligation of the State referenced above, $22,122 are identified as attributable to a
funding source of the United States government and$0.00 are attributable to a funding source of
the state of Colorado.
The following budget shall govern the expenditure of funds by the Contractor as well as the
subsequent reimbursement by the State.
a. Personnel/Fringe $17,925
b. Operating Expenses 2,580
c. Administrative Costs 1,617
TOTAL $22,122
The Contractor has the authority to cumulatively transfer no more than ten percent(10%)of the
total funds between line items without prior,express,written consent by the State. If cumulative
transfers exceed ten percent(10%)of the total funds,then the Contractor shall obtain the prior,
express written consent of the State before transferring funds in excess of ten percent(10%).
2. To receive compensation under this Contract,the Contractor shall submit a signed monthly
Contract Reimbursement Statement, an example of which is incorporated herein by reference,
made a part hereof,and attached hereto as"Attachment B",within thirty(30)calendar days of
the end of the billing period for which services were rendered requesting reimbursement for
personnel,operating expenses and administrative costs.Billing statements shall:reference this
Contract by its contract number,which number is located on page one of this document;state the
applicable performance dates,the names of payees;a brief description of the services performed
during the relevant performance dates;expenditures incurred;and,the total reimbursement
requested. Reimbursement during the initial,and any renewal term of this Contract shall be
conditioned upon affirmation by the State that all services were rendered by the Contror in
accordance with the terms of this Contract. Billing statements shall be sent to:
Colorado Women's Cancer Control Initiative
EMSPD-CPCP-A5
Colorado Department of Public Health and Environment
4300 Cherry Creek Drive South,Denver,CO 80246-1530
3. The State shall produce marketing materials for the Contractor's use in outreach activities. The
Contractor is encouraged to develop and utilize specific materials and strategies that are targeted
for women in their community. The State shall provide the Contractor with templates for its use
during media events.
4. The State shall schedule and originate two conference calls for the CWCCI Community
Coordinators. The State shall schedule and convene and, reimburse the Contractor for its
Page 3 of 15
G. Adjustments to reflect current year expenditures;
H. 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;
I. Closure of programs and/or termination of related contracts;
J. Delay or difficulty in implementing new programs or services;and,
K. Other special circumstances as deemed appropriate by the State.
7. 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 thanewal;
make corresponding adjustments to service or program levels, and, adjust any related dget line
items. Any other changes to this Contract,other than those authorized by the change der 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.
Page 5of15
D. GENERAL PROVISIONS.
1. The parties warrant that each possesses actual, legal authority to enter into this Contract. The
parties further warrant that each has taken all actions required by its applicable law,procedures,
rules, or by-laws to exercise that authority,and to lawfully authorize its undersigned signatory to
execute this Contract and bind that party to its terms. The person or persons signing this Contract,
or any attachments or amendments hereto, also warrant(s)that such person(s)possesses actual,
legal authority to execute this Contract,and any attachments or amendments hereto, on behalf of
that party.
2. THE CONTRACTOR SHALL PERFORM ITS DUTIES 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 SHALL BE DEEMED TO BE,AN AGENT OR
EMPLOYEE OF THE STATE. THE CONTRACTOR SHALL PAY WHEN DUE ALL
REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON
ANY 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 PARTY PROVIDES SUCH COVERAGE AND THAT THE
STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. THE
CONTRACTOR SHALL HAVE NO AUTHORIZATION,EXPRESS OR IMPLIED,TO
BIND THE STATE TO ANY AGREEMENTS,LIABILITY,OR UNDERSTANDING
EXCEPT AS EXPRESSLY SET FORTH HEREIN. THE 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.
3. If this Contract is in the nature of personal/purchased 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 of 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 reperformed services. When defects in the quality or quantity of the services cannbe
corrected by reperformance,then the State may:require the Contractor to take all pece ary
action(s)to ensure that the future performance conforms to the terms of the Contract; nd,
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(10)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,
Page 6 of 15
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. If applicable,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 State may,when the interests of the State so require,terminate this Contract in whole or in
part, for the convenience of the State. The State 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 shall be entitled to receive just and equitable
compensation for any services or supplies delivered to, and accepted by,the State. If applicable,
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 th otal
financial obligation of the State to the Contractor under this Contract. If this Contact
terminated for default because of the Contractor's breach of this Contract,then the pro isions of
paragraph 4 above shall apply.
6. If this Contract involves federal funds,or compliance is otherwise federally mandated,then the
Contractor shall comply with the requirements of the following:
A. Office of Management and Budget Circulars A-87,A-21, or A-122,and A-102 or A-110,
as applicable;
B. the"Hatch Act"(5 U.S.C. 1501-1508)and Public Law 95-454, Section 4728. These
federal statutes declare 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;
Page 7 of 15
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,
12111 - 12117, 12131 - 12134, 12141 - 12150, 12161 - 12165, 12181 - 12189, 12201 -
12213 and 47 U.S.C.225 and 47 U.S.C. 611);
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).
H. Section 2101 of the Federal Acquisition Streamlining Act of 1994,Public Law 103-
355, which prohibits the use of federal money to lobby the legislative body of a political
subdivision of the State. ,
7. If this Contract involves federal funds,or compliance is otherwise federally mandated,then 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 hereby certifies that it is not presently debarred,suspended,proposed for
debarment,declared ineligible,or voluntarily excluded from covered transact s by any
federal department or agency. The Contractor agrees to comply with all ypph ble
regulations pursuant to Executive Order 12549, including,Debarment and Su pension
and Participants'Responsibilities,29 C.F.R. 98.510(1990).
C. the Contractor agrees to comply with all applicable regulations pursuant to Section 319
of Public Law 101-121, Guidance for New Restrictions on Lobbying, including,
Certification and Disclosure,29 C.F.R. 93.110(1990).
8. If this Contract involves the expenditure of federal or state funds,then this Contract is subject to,
and contingent upon,the continued availability of those funds for payment pursuant to the terms
of this Contract. If those funds,or any part thereof,become unavailable as determined by the
State, then the State may immediately terminate this Contract.
Page 8 of 15
9. To be considered for payment,billings for payments pursuant to this Contract must be received
within a reasonable time after the period for which payment is requested;but in no event no later
than ninety(90)calendar days after the relevant performance period has passed. Final billings
under this Contract must be received by the State within a reasonable time after the expiration or
termination of this Contract;but in no event no later than ninety(90)calendar days from the
effective expiration or termination date of this Contract.
10. Unless otherwise provided for in this Contract, "Local Match"shall be included on all billing
statements, in the column provided therefor,as required by the funding source.
11. The Contractor shall not use federal funds to satisfy federal cost sharing and matching
requirements unless approved in writing by the appropriate federal agency.
12. 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), in a State fiscal year(July I through June 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(1)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
Contractor's 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).
13. The Contractor shall grant to 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 six(6)years after the date of issuance of a final audit report.
This requirement is in addition to any other audit requirements contained in other paragraphs of
this Contract.
14. Unless otherwise provided for in this Contract, for all contracts with terms longer than three(3)
months,the Contractor shall submit a written progress report,if required by this Contr
specifying the progress made for each activity identified in this Contract. These p ogr s reports
shall be in accordance with the procedures developed and prescribed by the State. Th
preparation of progress reports in a timely manner is the responsibility of the Contractor. If the
Contractor fails to comply with this provision,then such failure;may result in a delay of payment
of funds;or,termination of this Contract. Progress reports shall be submitted to the State no later
than the end of each calendar quarter,or at such other time as may otherwise be specified.
15. The Contractor shall maintain a complete file of all records, documents, communications,and
other materials which pertain to this Contract. Such materials shall be sufficient to properly
reflect all direct and indirect costs of labor,materials,equipment,supplies, and services,and other
costs of whatever nature for which a contract payment was made. These records shall be
maintained according to generally accepted accounting principles and shall be easily separable
from other records of the Contractor. Copies of all such records,documents,communications,
and other materials shall be the property of the State and shall be maintained by the Contractor,in
Page 9 of 15
a central location as custodian for the State,on behalf of the State,for a period of six(6)years
from the date of final payment under this Contract, or for such further period as may be necessary
to resolve any pending matters, including, but not limited to,audits performed by the federal
government.
16. The Contractor authorizes the State,or its authorized agents or designees,to perform audits or
make inspections of its records for the purpose of evaluating its performance under this Contract
at any reasonable time during the term of this Contract and for a period of three(3)years
following the termination of this Contract. As such, the Contractor shall permit the State, any
appropriate federal agency or agencies,or any other duly authorized governmental agent or
agency, to monitor all activities conducted by the Contractor pursuant to the terms of this
Contract. Such monitoring may include, but is not limited to: internal evaluation procedures,
examination of program data, special analyses,on-site checks, formal audit examinations,or any
other reasonable procedures. All monitoring shall be performed by the State in such a manner that
it shall not unduly interfere with the work of the Contractor.
17. If the Contractor obtains access to any records, files, or information of the State in connection
with, or during the performance of, this Contract,then the Contractor shall keep all such records,
files, or information confidential and shall comply with all laws and regulations concerning the
confidentiality of all such records, files,or information to the same extent as such laws and
regulations apply to the State. Any breach of confidentiality by the Contractor or third party
agents of the Contractor shall constitute good cause for the State to cancel this Contract,without
liability to the State. Any State waiver of an alleged breach of confidentiality by the Contractor,
or third party agents of the Contractor, does not constitute a waiver of any subsequent breach by
the Contractor,or third party agents of the Contractor.
18. Unless otherwise agreed to in this Contract,or in a written amendment executed and approved
pursuant to Fiscal Rules of the State of Colorado,the parties agree that all material,information,
data, computer software,documentation,studies, and evaluations produced in the performance of
this Contract for which the State has made a payment under this Contract are the sole property of
the State.
19. If any copyrightable material is produced under this Contract,then the State,and any applicable
federal funding entity, shall have a paid in full,irrevocable,royalty free, and non-exclusive
license to reproduce,publish,or otherwise use, and authorize others to use,the copyrightable
material for any purpose authorized by the Copyright Law of the United States as now or
hereinafter enacted. Upon the written request of the Contractor shall provide the State ith three
(3)copies of all such copyrightable material.
20. If required by the terms and conditions of a federal or state grant,the Contractor shall obtain the
prior approval of the State and all necessary third parties prior to publishing any materials
produced under this Contract. If required by the terms and conditions of a federal or state grant,
the Contractor shall also credit the State and all necessary third parties with assisting in the
publication of any materials produced under this Contract.
21. Neither the Contractor nor the State shall be liable to the other for any delay in,or failure of
performance of,any covenant or promise contained in this Contract;nor shall any delay or failure
constitute default or give rise to any liability for damages if, and only to the extent that, such delay
or failure is caused by a supervening cause. As used in this Contract, "supervening cause" is
defined to mean: an act of God,fire,explosion, action of the elements,strike,interruption of
transportation, rationing,court action,illegality,unusually severe weather,war,or any other cause
Page 10 of 15
which is beyond the control of the affected party and which,by the exercise of reasonable
diligence, could not have been prevented by the affected party.
22. 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 be strictly
reserved to the State and the named Contractor. Nothing contained in this Contract shall give or
allow 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 24-10-101 et seq.,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.
23. 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.
24. The waiver of a breach of a term or provision of this 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.
25. 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.
26. 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. ,
27. 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.
28. 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 f eral or
state law. Any such required modification shall be automatically incorporated intq,an be made a
part of,this Contract as of the effective date of such change as if that change was full et 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.
29. 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.
30. 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
Page 11 of 15
immunities,rights,benefits,protections,or other provisions of the Colorado Governmental
Immunity Act(CGIA), section 24-10-101, et seq., 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 et seq.,
C.R.S., as now or hereafter amended.
31. 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.
32. The parties hereto agree that venue for any action related to this Contract shall be in the City and
County of Denver, Colorado.
33. All attachments to this Contract are incorporated herein by this reference and made a part hereof
as if fully set forth herein. In the event of any conflict or inconsistency between the terms of this
Contract and those of any attachment to this Contract,the terms and conditions of this Contract
shall control.
34. 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.
E. SPECIAL PROVISIONS.
CONTROLLER'S APPROVAL
I. This contract shall not be deemed valid until it shall have been approved by the Controller of the
State of Colorado or such assistant as he may designate.This provision is applicable to any contract
involving the payment of money by the State.
FUND AVAILABILITY
2. Financial obligations of the State 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
Page 12 of 15
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 advertisements;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 1R 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
Page 13 of 15
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.
(1) 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 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 are applicable to this contract
if public works within the State are undertaken hereunder and are fmanced 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 resident. If
it is determined by the officer responsible for awarding the bid that compliance with the sul�}sec n.06 may
cause denial of federal funds which would otherwise be available or would otherwise be incons tent 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,defense, or otherwise. Any provision rendered null and void by the operation
Page 14 of 15
of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of
execution.
8. At all times during the performance of this contract,the Contractor shall strictly adhere to all
applicable federal and state laws, rules,and regulations that have been or may hereafter be established.
9. 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 of child support
arrearages; (b)unpaid balance of tax,accrued interest, or other charges specified in Article 21, 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.
11. 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 Le me) Weld County ealth Department BILL OWENS, GOVERNOR
By: . a , i 99
Position(Title)Board of County Commissioners By: - r `
$'•'' a i,_ Department of
Social .eZ�SederalI.D.Number PUBLIC HEALTH AND ENVIRONMENT
itiPA
If! ;SG. . ( •' �; >" 'nty, Equivalent:
PROGRAM APPROVAL: '
ttest(Affix Seal)
By:
EtegaratitecSetustwauxEcpinalemparaviathisly iga Blcriot
Deputy Clerk to the Board
APPROVALS:
ATTORNEY GENERRA�TI. `S•
KEN SA LEl G ST c T A 6 TROLLER
TTORNEY GENERAL AR H L. BAR AR
By: � > By: •
NT ATTORNEY GENERAL ur L. Barnhart
ASSTS
STATE SERVICES SECTION
WELD COUNTY D ART
Page 15 of 15
BY:
JOHN S. PICKLE
DIRECTcR
ATTACHMENT A
fi
tii
CJ Rr
w =
Y
QC = Y
O _ fi
N
Zvi uj E
cc v z d
Y ,a
< N
H H 2 N
N
0H —I 0U H
A
L
a
2
J
w0
H W
taw
O ii I- LL
CD 0
—j >. Z w
= U f
w
o 0
Z r- Z
Q U ww
I". J '1
R.
Z 7 et
0 Or
O
J
U Z 8z
Ce
Z N
fro
0 _Z
O °2 '
O w .
U Z JI
H J
Z w
> ? wa
P cc O gr <w
U WZ
2 cc •
a
U .
U 2 N 1
ZZ
W°
a
z
0
t-
U
0
N
n
H
tii
< < 4.3
z 0 r
-- _ .\ 1te1.11aII IN C
u
tom.
_ u
u
J
T.-•
C
C
O
F
H
a
H
v
O
c
c C
X e,
t
c u a
oa
V.,�y u mot.
,Z_' o
G C
V N
V
E-+ C E E.
F
H V A a
y Vin
U
E-4 O 2 th°
Ze., O
E
L• rC. GV ii `
0 Ot_i
< C j =V o g
Q
C O Kro
0,2
S'
y W
gel }. C.
X V.
U u
f- u
E-g •U C
g 44m g
,E4
o
C
z
o 1 it
u
tl v V
u
U CI
Ls
�_ C
n
eo o u u 4 n
O y k o, u 0
L4 4 V Olel O 1.1
V U N
C a Q
ia
U U U U y U O
.a > ` O a u :i O
o U °J •u u Q ± G
- ^ o ij `o
O
z o -o Z'OU a c < o $
o U U u u "�' — u
t O Z Q o O T
1/ ~ U
- c0
o
in rr � j ,,, c.
.. i O .. - ::.1L
G
`O O ` .ti U ,Q
A' v; - U
[Date] Sample Contract Change Order Letter Attachment C
State Fiscal Year 19**- **, Contract Change Order Letter Number**, Contract Routing Number**-*****
Pursuant to paragraph** of the contract with contract routing number**-***** and contract encumbrance number
***********, (as amended by Contract Renewal Letter**,contract routing number**-***** and/or Contract Change
Order Letter**, contract routing number*******,if any),hereinafter referred to as the"Original Contract"(a copy of
which is attached hereto and by this reference incorporated herein and made a part hereof)between the State of Colorado,
Department of Public Health and Environment and Contractor's Legal Name for the term from********* ** ****
through********* ** **** the parties agree that the maximum amount payable by the State for the eligible services
referenced in paragraph** of.the Original Contract is increased/decreased by dollar amount DOLLARS ($*.**)for a new
total financial obligation of the State of dollar amount DOLLARS ($*.**). The revised work plan,which is attached
hereto as"Attachment 1", and the revised budget,which is attached hereto as"Attachment 2",are incorporated herein by
this reference and made a part hereof. The first sentence in paragraph** of the Original Contract is hereby modified
accordingly. All other terms and conditions of the Original Contract are hereby reaffirmed. This amendment to the Original
Contract is intended to be effective as of********* **, ****. However,in no event shall this amendment be deemed valid
until it shall have been approved by the State Controller or such assistant as he may designate.
Please sign,date,and return all**originals of this Contract Change Order Letter by********* **,**** to the attention of:
************ ************ Colorado Department of Public Health and Environment,4300 Cherry Creels Drive
South,Denver,Colorado 80246,Mail Code: *****-**. One original of this Contract Renewal Letter will be returned to
you when fully approved.
Contractor's Legal Name STATE OF COLORADO
(legal type of entity) Bill Owens,Governor
By: By:
For the Executive Director
Print Name: DEPARTMENT OF PI'BLI HEALTH
AND ENVIRONMENT
Title:
FEIN:
APPROVALS:
CONTROLLER: PROGRAM:
By: By:
Arthur L.Barnhart
Page 16 of 15
[Date] Sample Contract Renewal Letter Attachment D
State Fiscal Year 19** -**, Contract Renewal Letter Number**, Contract Routing Number*******
Pursuant to paragraph**of the contract with contract routing number**-***** and contract encumbrance number
***********, (as amended by Contract Change Order Letter**,contract routing number**-***** and/or Contract
Renewal Letter" contract routing number**-*****, if any), hereinafter referred to as the"Original Contract"(a copy of
which is attached hereto and by this reference incorporated herein and made a part hereof)between the State of Colorado,
Department of Public Health and Environment and Contractor's Legal Name for the renewal term from********* **.
****,through********* **,****, the parties agree that the maximum amount payable by the State for the eligible services
referenced in paragraph**of the Original Contract is increased/decreased by dollar amount DOLLARS;(S*.**) for a new
total financial obligation of the State of dollar amount DOLLARS ($*.**). The revised work plan,which is attached
hereto as"Attachment 1",and the revised budget,which is attached hereto as"Attachment 2",are incorporated herein by
this reference and made a part hereof. The first sentence in paragraph** of the Original Contract is hereby modified
accordingly. All other terms and conditions of the Original Contract are hereby reaffirmed. This amendment to the Original
Contract is intended to be effective as of********* **, ****. However,in no event shall this amendment be deemed valid
until it shall have been approved by the State Controller or such assistant as he may designate.
Please sign,date, and return all** originals of this Contract Renewal Letter by********* **,**** to the attention of:
************ ************,Colorado Department of Public Health and Environment,4300 Cherry Creek Drive
South,Denver,Colorado 80246,Mail Code: *****-**. One original of this Contract Renewal Letter will be returned to
you when fully approved.
Contractor's Legal Name STATE OF COLORADO
(legal type of entity) Bill Owens,Governor
•
By: By:
For the Executive Director
Print Name: DEPARTMENT OF PAL HEALTH
AND ENVIRONMENT
Title:
FEIN:
APPROVALS:
CONTROLLER: PROGRAM:
By: By:
Arthur L. Barnhart -
Page 17 of 15
Hello