HomeMy WebLinkAbout952111.tiffRESOLUTION
RE: APPROVE AMENDMENT #3 TO AIDS EDUCATION CONTRACT BETWEEN HEALTH
DEPARTMENT AND COLORADO DEPARTMENT OF PUBLIC HEALTH AND
ENVIRONMENT AND AUTHORIZE CHAIRMAN TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with Amendment #3 to the AIDS Education
Contract between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Weld County Health Department, and the
Colorado Department of Public Health and Environment, for the fourth quarter of 1995, with further
terms and conditions being as stated in said amendment, and
WHEREAS, after review, the Board deems it advisable to approve said amendment, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Amendment #3 to the AIDS Education Contract between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on
behalf of the Weld County Health Department, and the Colorado Department of Public Health and
Environment be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized
to sign said amendment.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 11th day of October, A.D., 1995.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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VIM lwg1!y Clerk to the Board
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BY:
Deputy Clerfcko the Board
APP ! • D AS TO FOR
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Dale K. Hall, Chairman
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Barbar J. Kirkmeyer„Pro-Tem
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-Georrget. Baxter
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Constance L. Harbert
W. H. Webster
952111
HL0021
Form 6 -AC -202A 1R 1/88)
DEPARTMENT OR AGENCY NUMBER
26000 --FHA
CONTRACT ROUTING NUMBER
96-1505
AMENDMENT #3
CONTRACT
THIS CONTRACT, made this 15th day of September, 1995 by and between the State of Colorado for
the use and benefit of the Department of Public Health and Environment. 4300 Cherry Creek Drive
South. Denver. Colorado 80222-1530 hereinafter referred to as the State, and Weld County Health
Department, 1517 16th Avenue Ct. Greeley, CO 80631 hereinafter referred to as the Contractor.
WHEREAS, authority exists in the Law and funds have been budgeted, appropriated and otherwise made
available and a sufficient unencumbered balance thereof remains available for payment in Fund number
100, APPR code 365 Contract Encumbrance Number SET920804; and
WHEREAS, required approval, clearance and coordination has been accomplished from and with
appropriate agencies and;
WHEREAS, the State has entered into an agreement with the Contractor to provide HIV education
services; and
WHEREAS, it is the intention of the parties to amend and increase the original contract SET920804, as
amended, by Nine Thousand Six Hundred Seventy Seven Dollars and Sixty Four Cents ($9.677.64) to
a new total of Ninety Thousand Four Hundred Sixty Five Dollars and Fourteen Cents ($90,465.14) to
provide additional services and to extend the term of the contract.
NOW THEREFORE, it is hereby agreed that for and in consideration of their mutual promises to each
other, hereinafter stated, the parties hereto agree as follows:
1) Consideration for this amendment to the original agreement consists of the payments which shall
be made pursuant to this agreement and the promises and agreements herein set forth.
2) It is expressly agreed by the parties that this contract is supplemental to the original routing
number 92-0857 of contract SET920804 dated January 1, 1992 for the amount of $21,030, routing
number 93-1779 of Letter #1 increasing the amount by $21,030, routing number 94-1558 of Letter #2
increasing the amount by $22,130, routing number 95-1507 of Amendment #1 increasing the amount by
$11,065, and routing number 96-1329 of Amendment'#2 increasing the amount by $5,532.50, (copies
attached and by this reference made a part hereof as Attachment 1). All terms, conditions and provisions
thereof, unless specifically modified herein, are to apply to this contract as though they were expressly
re -written, incorporated and included herein.
Page 1 of 4 Pages
3) It is agreed that the original contract SET920804, as amended, between the State of Colorado and
Weld County Health Department shall be, and is hereby modified, altered, and changed in the following
respects only:
A. By eliminating and striking out the words and figures in paragraph 8, as amended,
"Eighty Thousand Seven Hundred Eighty Seven Dollars and Fifty Cents ($80,787.50) for
the period between January 1. 1992 and September 30. 1995", and replacing instead the
words and figures "Ninety Thousand Four Hundred Si'cty Five Dollars and Fourteen
Cents ($90.465.14) for the period between January 1. 1992 and December 31, 1995".
B. By eliminating and striking out from paragraph 10 of the original contract SET920804,
as amended, the words' and figures "January 1, 1992, and continuing through December
31. 1994" and substituting instead the words and figures "January 1. 1992, and
continuing through December 31, 1995".
4) The effective date of this amendment is September 30, 1995.
5) In the event of any conflict, inconsistency, or incongruity between the provisions of this
amendment and any of the provisions of the original contract SET920804, the provisions of this
amendment shall in all respects govern and control.
6) These additional funds are awarded for the provision of additional services during the period
between October 1, 1995 and December 31, 1995.
Page 2 of 4 Pages
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SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
1. This contract shall not be deemed valid until it shall have been approved by the Controller of Colorado or such assistant as he may designate. This provision is
applicable to any contract involving the payment of money by the State.
FUND AVAILABILITY
2. Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available.
BOND REQUIREMENT
3. If this contact involves the payment of more than fifty thousand dollars for the construction, erection, repair, maintenance, or improvement of any building, road,
bridge, viaduct, tunnel, excavation or other public works for this State, the contractor shall, before entering the performance of any such work included in this contract, duly
execute and deliver to the State official who will sign the contract, a good and sufficient bond or other acceptable nutty to be approved by said official in a penal aim 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 subcontncton fail to duly pay for any labor, materials, team hire, sustenance, provisions,
provender or other supplies used or consumed by such contractor or his subcontractor in performance of the work contracted to be done or fails to pay any person who supplies
rental machinery, tools, or equipment in the prosecution of the work the surety will pay the same in an amount not exceeding the sum specified in the bond, together with
interest at the rate of eight per cent per annum. Unless such bond is executed, delivered and filed, no claim in favor of the contractor arising under such contract shall be
audited, allowed or paid. A certified or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This
provision is in compliance with CRS 38-26-106.
INDEMNIFICATION
4. To the extent authorized by law, the contractor shall indemnify, save, and hold harmless the State, against any and all claims, damages, liability and cant 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 (CARS 24-34-402), and as required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975.
Pursuant thereto, the following provision 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 all applicants are employed, and that employees
are treated during employment, without regard to the above mentioned characteristics. Such action shall include, but not be limited to the following: employment
upgrading, demotion, or transfer, recruitment or recruitment advertising; layoffs or terminations; rates of pay or other forms of compensation and selection for
training, including apprenticeship. The contract agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided
by the contracting officer setting forth provision 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 sates, 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 Orden of the Governor.
(d) The contractor and labor unions will famish all information and reports required by Executive Order, Equal Opportunity and Affirmative Action of April
16, 1975, and by 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 orgudzation, 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.
(t) 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 he provisions of this contract or any order issued thereunder, or attempt, either directly
or indirectly, to commit any act defined in this contact to be discriminatory.
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Page 3 of 4 Pages
(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
accordancewith 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 includethe provisions of paragraphs (a) through (h) in every sub -contract and subcontractor purchase order unless exempted by rules,
regulations, or orders issued pursuant to Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, so that such provisions will be
binding upon each subcontractor or vendor. The contractor will take such action with respect to any sub -contracting or purchase order as the contracting
agency may direct, as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event the contractor
becomes involved in, or is threatened with, litigation, with the subcontractor or vendor as a result of such direction by the contracting agency, the contractor
may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado.
COLORADO LABOR PREFERENCE
6a. Provisions of CRS 8-17-101 & 102 for preference of Colorado labor are applicable to this contract if public works within the State are undertaken
hereunder and are financed in whole or in part by State funds.
b. When a construction contract for a public project is to be awarded to a bidder, a resident bidder shall be allowed a preference against a non-resident
bidder from a state or foreign country equal to the preference given or required by the state or foreign country in which the non-resident bidder is a resident.
If it is determined by the officer responsible for awarding the bid that compliance with the subsection .06 may cause denial of federal funds which would
otherwise be available or would otherwise be inconsistent with requirements of Federal law, this subsection shall be suspended, but only to the extent
necessary to prevent denial of the moneys or to eliminate the inconsistency with Federal requirements (CRS 8-19-101 and 102).
GENERAL
7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution, and enforcement
of this contract. Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extra -judicial body
or person or which is otherwise in conflict with said laws, rules, and regulations shall be considered null and void. Nothing contained in any provision
incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available
in any action at law whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision will not
invalidate the remainder of this contract to the extent that the contract is capable of execution.
8. At all times during the performance of this contract, the Contractor shall strictly adhere to all applicable federal and state laws, rules, and regulations
that have been or may hereafter be established.
9. The signatories aver that they are familiar with CRS 18-8-301, a seq., (Bribery and Corrupt Influences) and CRS 18-8-401, a seq., (Abuse of Public
Office), and that no violation of such provisions is present.
10. The signatories aver that to their knowledge, no state employee has any personal or beneficial interest whatsoever in the service or property described
herein:
IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day first above written.
Weld County Board of
Commissioners for
Weld County Health Department
Contractor:
(Full Legal
BY
Position (Thief _ . - •s an
If Corpo
Attest
By
ATTORNEY GENERAL
BY
11/(6'
-97
State of Colorado
ROY ROMER, GOVERNOR
(By _
Department
of
PUBLIC HEALTH AND ENVIRONMENT
putv APPROVALS °PP okW `7: .
• c" to Board � 77 ,
sisters CONTROLLER, /�'T
: l .111 _
Gale A. Norton
Form 6 -AC -02C (GEN 070595)
Revised 1/93
395-53-01-1030
BY
. Richard nnington
ASSiat¢fll waellAral pages
State Services Section
Clifford W. Hall
PROGRAM APPROVAL;
mEmoRanuum
COLORADO
Dale Hall, Chairman
To Board of County Commissioners
From
Subject:
Date October 6, 1995
John Pickle, Director, Health Department
Amendment #3 to AIDS Education Contract
Enclosed for Board approval is Amendment #3 to the contract between the Colorado
Department of Public Health and Environment and the Weld County Health Department.
The amendment provides additional funding of $9,677.64 to extend the contract for another
three months. This brings the total amount of the contract to $26,275.14 for the time period
January 1, 1995 through December 31, 1995. It increases the total amount of the contract for the
period January 1, 1992 through December 31, 1995 to $90,465.14.
This amendment will allow Health Promotion to provide community education for HIV
prevention for the fourth quarter of 1995. Our Health Promotion staff will focus on women at
risk, youth at risk and community awareness.
I recommend approval of this amendment
Enclosures
952 111
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