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HomeMy WebLinkAbout950102.tiffRESOLUTION RE: APPROVE CONTRACT FOR IMMUNIZATION PROGRAM 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 a Contract for the Immunization 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 January 1, 1995, and ending December 31, 1995, 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 Immunization 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 Chairman 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 23rd day of January, A.D., 1995, nunc pro tuns January 1, 1995. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Weld County Clerk to the Board Co�1 BY: c.J{1..LOL le V_ Q O� Deputy Clew to the Board APP D AS TO FOR oun�ttorney Dale Hall, Chairman 1.2 arbae'J.. Kirkmeykr, Pyo-Tgfn ,. eorge EBaxter Constance L. Harbert 1 6,7 W. H. Webs er 950102 H L0020 Foul 6 -AC -02A (R 1/88) DEPARTMENT OR AGENCY NUMBER 26000 --FHA CONTRACT ROUTING NUMBER 95-0706 CONTRACT THIS CONTRACT, made this al day of December, 1994 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 Commissioners on behalf of the Weld County Health Department. 1517 16th Avenue Court. Greeley. Colorado 80631 hereinafter referred to as the Contractor. WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment in Fund Number 1QQ, APPR code 351, Contract Encumbrance Number FHA EPI950706; and WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, the State and Disease Control and Environmental Epidemiology Division of the Colorado Department of Public Health and Environment (CDPHE) has received funding from the U.S. Department of Health and Human Services, Centers for DiSPacr Control and Prevention (CDC) for an Immunization Action Plan to increase and enhance availability of age -appropriate immunizations for children; and WHEREAS, in order to implement said comprehensive plan, the State has established provisions by which to provide supplementary support to various public health agencies; and WHEREAS, the Contractor is considered by the State to be an appropriate organization to provide these services as herein stated. 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. In cooperation with CDPHE, the Contractor will coordinate and collaborate with other local Immunization Action Plan (IAP) contractors and with Women, Infants and Children (WIC) clinics to the extent possible, to provide services as outlined in this contract in order to increase the immunization levels in children aged two and under. 2. The Contractor will improve access to immunization services at the Greeley clinic through extended hours, including evening, lunch hour and Saturday services. 3. The Contractor will continue providing two clinic sites in low socioeconomic areas in Greeley. 4. The Contractor will continue to refine and implement a county -wide tracking, recall and reminder system in Weld County. Page 1 of 7 Pages 950102 5. By January 31, 1995, the Contractor will invite members from child health care services, including WIC and AID to Families with Dependent Children, to join the Weld County Immunization Coalition and develop strategies to best serve clients. 6. By March 1, 1995, the Contractor will establish a quality assurance process which will include annual patient record audits, a vaccine management system at each site, up-to-date protocols, a specified nurse to process and report adverse vaccine reactions, education and training for all immunization staff and a plan for regular ongoing inservice education. 7. By December 31, 1995, the Contractor will transfer responsibility for providing immunization to Weld County Health Department rural staff in six rural sites. 8. The Contractor will designate Rosemary Spence to provide statewide Colorado School Immunization Law training to day care home providers seeking licensing and agencies who train day care home providers ($1,000 in travel provided). 9. The Contractor will continue to coordinate the Weld County Immunization Coalition whose membership includes public and private vaccine providers, members of federally funded programs, licensed day care organizations, and community -based organizations to develop strategies to increase immunization levels in target populations. 10. The Contractor will designate at least one person working directly with the Immunization Action Plan to attend the annual IAP Coordinator's Meeting to be held in October, 1995. 11. The Contractor agrees to design interventions to improve coverage by implementing recommendations from the Standards for Pediatric Immunization Practices. 12. Using the CDC Foxelin/Clinic Assessment Software Application and the CDC Guidelines for Assessing Vaccination Levels of the two -year -old population in a clinic setting, the Contractor agrees to conduct a survey beginning April 1, 1995 in order to measure progress toward reaching the 90% goal of immunization levels in children aged two -and -under. 13. The Contractor agrees to maintain internal medical and administrative records in a manner which ensures confidentiality and security and is consistent with procedures for clinical services. 14. The Contractor will provide to the State a quarterly narrative progress report which is due within fifteen days after the end of the quarter. This report shall document progress toward the goals of ensuring that 90% or more of Colorado two -year -olds receive all recommended immunizations. Monthly billings will not be reimbursed until such time as delinquent progress reports have been received. Time frames to be addressed are as follows: Progress Period January - March April - June July - September October - December Page 2 of 7 Pages Due Date April 15 July 15 October 15 January 15 950102 15. The Contractor agrees that any data collection and analysis done as a result of this study will be done in collaboration with CDPHE and CDC, and that no data shall be published prior to approval by these agencies. 16. The State will, in consideration of said services by the Contractor, cause to be paid to the Contractor a sum not to exceed Ninety Seven Thousand Two Hundred Fifty Eighty Dollars ($97.258) for the period between January 1, 1995 and December 31, 1995. Reimbursement shall be conditioned upon affirmation by the State Immunization Program that services were rendered in accordance with this contract, as follows: a. Upon receipt of signed monthly statements requesting reimbursement, submitted in duplicate within sixty days following the end of the month during which services were rendered. Said statements shall set forth dates, names of payees, brief description of expenditures, amounts, and total requested. Reimbursement shall be conditioned upon affirmation by the State Immunization Program, that all services were rendered in accordance with the terms of this contract. 17. The following budget shall govern the expenditure of funds for the period between January 1, 1995 and December 31, 1995 by the Contractor as well as the subsequent reimbursement by the State. Transfer of funds from one line item to another must have written approval by the State: Personnel/Fringe Printing Postage Travel Annual IAP Meeting Supplies Indirect $ 77,758 $ 3,000 $ 3,500 $ 1,300 $ 500 $ 1,000 $ 10,200 TOTAL $ 97,258 18. Changes in reimbursement amounts for any of the budget periods for the above -named services in consideration of increased or decreased levels of utilization from the levels funded in the original contract, shall be made with approval of the Contractor, the State Immunization Program, and the State Controller or an approved designee as evidenced by a mutually signed Change Order Letter, sample attached and by this reference made a part hereof as Attachment A, which shall include the following: a. Identification of contract by contract number and number of the affected paragraph; b. Type of services increased, decreased, or extended; c. Amount of increase or decrease in funding and new total for current year; d. Effective date of the funding change; e. Authorized signatures of the State, the Immunization Program, the Contractor, and the State Controller or an approved designee. It is understood that no change except in utilization shall be made through the Change Order Letter. 19. The term of this contract is beginning January 1, 1995 and continuing through December 31, 1995. Pau“ 3 of 7 Pages 950102 COLORADO DEPARTMENT OF HEALTH - hereinafter, under the General Provisions referred to as "Health". GENERAL PROVISIONS -- page 1 of 2 pages 1. The contractor shall perform its duties hereunder as an independent contractor and not as an employee, Neither the contractor nor any agent or employee of the ofnthecconcontractor shall shall be or shall be deemed to be an agent or employee of the state. ontl ctorids -all pay when due all required employment taxes and income tax withholding_ keep in force workers' compensation (and show proof of such insurance) and unemployment compensation insurance in the amounts required by law. Contractor will be solely responsible for its acts and the acts of its agents, employees, servants and subcontractors during the performance, of this contract. 2. Contractor authorizes Health,': or its agents, to perform_ audits and to make inspections for the purpose of evaluating performance under this contract. 3. Either party shall have the right to terminate this agreement by giving the other party thirty days notice by .registered mail, return receipt requested. If notice is so given, this agreement shall terminate on the expiration of the thirty days, and the liability of the parties hereunder for the further performance of the terms of this agreement shall thereupon cease, but the parties shall not be relieved of the duty to perform their obligations up to the date of termination. 4. This agreement is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a written contract executed and approved pursuant to the State Fiscal Rules. 5. If this contract involves the expenditure of federal funds, this contract is contingent upon continued availability of federal funds for payment pursuant to the terms of this agreement. Contractor also agrees to fulfill the requirements of: a) Office of Management and Budget Circulars A-87, A-21 or A-122," and A-102 or A-110, whichever is applicable; b) the Hatch Act (5 USC 1501-1508) and Public Law 95-454 Section 4728. These statutes state that federal funds cannot be used for partisan political purposes of any kind by any person or organization involved in the administration of federally -assisted programs; c) the Davis -Bacon Act (40 Stat. 1494, Mar. 3, 1921, Chap. 411, 40 USC 276A -276A-5). This act requires that all laborers and 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 USC 6101 et seq, 42 USC 2000d, 29 USC 794. These acts require that no person shall, on the grounds of race, color, national origin, age, or handdicap, ram be excluded from participation in or be subjected to discrimination in any pro g activity funded, in whole or in part, by federal funds; and Rev. 06/01/92 4 Page of Pages 950102 GENERAL. PR01T3SION5--Page 2 of 2 pages e) the Americans with Disabilities Act (Public Law 101-336; 42 USC 12101, 12102, 12111 - 12117, 12131 - 12134, 12141 - 12150, 12161 - 12165, 12181 - 12189,-12201 - 12213 and 47 USC 225 and 47 USC 611. ) f) if the contractor is acquiring real property and displacing households or businesses in the performance of this contract, the contractor is in compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act, as amended (Public Law 91-646, as amended and Public Law 100-17, 101 Stat. 246 - 256); g) when applicable, the contractor.is in compliance with the provisions of the "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (Common Rule). 6. By signing and submitting this contract the contractor states that: a) the contractor is in compliance -with the. requirements: of the. Drug -Free Workplace Act (Public Law 100-690 Title V, Subtitle D, 41 USC 701 et seq.); b) the contractor is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency. 7. To be considered for payment, billings for payment pursuant to this contract must be received within 60 days after the period for which payment is being requested and final billings on the contract must be received by Health within 60 days after the end of the contract term. 8. If applicable, Local Match is to be submitted on the monthly payment statements, in the column provided, as required by the funding source. 9. If Contractor receives $25,000.00 or more per year in federal funds in the aggregate from Health. Contractor agrees to have an annual audit, by an independent certified public accountant, which meets the requirements of Office of Management and Budget Circular A-128 or A-133, whichever applies. If Contractor is required to submit an annual indirect cost proposal to Health for review and approval, Contractor's auditor will audit the proposal in accordance with the requirements of OMB Circular. A-87, A-21 or A-122. Contractor agrees to furnish one copy of the audit reports'to the Health Department Accounting Office within 30 days of their issuance, but not later than nine months after the end of Contractor's fiscal year. Contractor agrees to take appropriate corrective action within six months of the report's issuance in instances of noncompliance with federal laws and regulations. Contractor agrees to permit Health or its agents to have access to its records and financial statements as necessary, and further agrees to retain such records and financial statements for a period of three years after the date of issuance of the audit report. This contract contain federal funds as of the date it is signed. This requirement is in addition to any other audit requirements contained in other paragraphs within this contract. 10. Contractor agrees to not use federal funds to satisfy federal cost sharing and matching requirements unless approved in writing by the appropriate federal agency. Page 5 Rev. 06/01/92 of 7 Pages 950102 SPECIAL PROVISIONS :ONTROLLEK'S APPROVAL. I. This contract shall not he deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate. This provision is applicable to any contract involving the payment of money by the State. FUND AVAILABILITY 2. Financial obligations of the State of Colorado payable after the current fiscal year arc 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 tams of this contract. Such bond shall be duly executed by a qualified corporate surety conditioned upon the faithful performance of the contract and in addition, shall provide that if the contractor or his subcontractors fail to duly pay for any labor, materials, team hire, sustenance, provisions, provendor or other supplies used or consumed by such contractor or his subcontractor in performance of the work contracted to be done or fails to pay any person who supplies rental machinery, tools, or equipment in the prosecution of the work the surety will pay the same in an amount not exceeding the sum specified in the bond, together with interest at the rate of eight per cent per annum. Unless such bond is executed, delivered and filed, no claim in favor of the contractor arising under such contract shall be audited. allowed or paid. A certified or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance with CRS 38-26-106. INDEMNIFICATION 4. To the extent authorized by law, the contractor shall indemnify. save, and hold harmless the State. its employees and agents. against any and all claims. damages. liability and court awards including costs. expenses. and attorney fees incurred as a result of any act or omission by the contractor, or its employees. agents, subcontractors, or assignees pursuant to the terms of this contract, DISCRIMINATION AND AFFIRMATIVE ACTION 5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957. as amended, and other applicable law respecting discrimination and unfair employment practices (CRS 24-34-402). and as required by Executive Order. Equal Opportunity and Affirmative Action. dated April 16. 1975. Pursuant thereto, the following provisions shall he contained in all State contracts or sub -contracts. During the performance of this contract, the contractor agrees as follows: • (a) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex. marital status, religion, ancestry. mental or physical handicap. or age. The contractor will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to the above mentioned characteristics. Such action shall include, but not be limited to the following: employment upgrading. demotion, or transfer, recruitment or recruitment advertisings; lay-offs or terminations; rates of pay or other forms of compensation: and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment. notices to be provided by the contracting officer setting fonh 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 ell qualified i h applicants handicap. il ancestry. receive consideration for employment without regard to race, creed, color, national origin, sex, marital status. religion, P Ya or age. tee 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 ofteer, advising the labor union or workers' representative of the contractor's commitment undet the Executive Order, Equal Opponunity and Affirmative Action. dated April 16. 1975, and of the rules, regulations. and relevant Orders of the Governor. (d) The cottractor 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 Orden of the Governor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules, regulations and orders. tel 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 lace, creed, color, sex, national origin. or ancestry. (I) A labor organization, or the employees or members thereof will nut 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. Form b-AC-tUB Revised 1/93 395-53-01-1022 6 page 7 of __ Pages 950102 (gl 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 subcontracting 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 ex 102 for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereunder and arc 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 this subsection .06 may cause denial of federal funds which would otherwise be available or would otherwise be inconsistent with requirements of Federal law, this subsection shall be suspended. but only to the extent necessary to prevent denial of the moneys or to eliminate the inconsistency with Federal requirements (CRS 8-19-101 and 102) GENERAL 7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution, and enforcement of this contract. Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extra -judicial body or person or which is otherwise in conflict with said laws. rules, and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in pan shall be valid or enforceable or available in any action at law whether by way of complaint. defence. or otherwise. Any provision rendered null and void by the operation of this provision will not 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, et. seq., (Bribery and Corrupt Influences) and CRS 18-8-401. et. seq., (Abuse of Public Office). and that no violation of such provisions is present. 10. The signatories aver that to their knowledge, no state employee has any personal or beneficial interest whatsoever in the service or property described herein: IN WITNESS WHEREOF, the panics hereto have executed this Contract on the day first above written. Contractor: WELD COUNTY BOARD OF COMMISSIONERS (Full Legal Name) DALE K. HALL oosirion (Title) :TTORNEY GENERAL ly CHAIRMAN 846000813 onn 6 -AC -02C sed I/9395-53-01-1030 Board STATE OF COLORADO ROY ROMER, By •5 EXECUTIVE DIRECTOR OR DEPARTMENT OF- PUBLIC HEALTH & ENVIRONMENT WELD COU B APPROVALS CONTROLLER By JOHN S. PICKLE, M.S.E.H. DIRECTOR fit,";ED .c,rh^ Iran,., The original and two c....` haul hwpn nigaed raquired by law Qfov ‘cooL,ALL, NE for Page which is the last of pages *Sec instructions on reverse side. PROGRAM APPROVAL: /���-� V 950102 ATTACHMENT A STATE OF COLORADO COLORADO DEPARTMENT OF HEALTH Dedicated to protecting and improving the health and environment o/ the people of Colorado 4300 Cherry Creek Dr. S. Tabora Cory Building Denver, Colorado 80222-1530 4210 E 11th Avenue Phone: (303) 692-2000 Denver, Colorado 80220-3716 (303) 691-4700 Date State Fiscal Year 19_-_ Change Order Letter No. Routing Number - Roy Romer Governor Patricia A. Nolan, MO, MPI I Executive Director In accordance with Paragraph 4 of routing number = , of contract number _, (copy attached and by this reference made a part hereof) between the State of Colorado Department of Public Health and Environment (Disease Control and Environmental Epidemiology Division) and covering the period of , 19 through , 19 the undersigned agree that the maximum amount payable by the State for eligible services in Paragraph _ is being increased by $ to a new total of $ , The first sentence in Paragraph _ is hereby modified accordingly. The terms and conditions of the original contract shall remain the same. This amendment to the contract is intended to be effective as of / / , but in no event shall it 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 copies of this letter on or before , 19 to: Audrey Christensen Colorado Department of Public Health and Environment DCEED-ADM-A3 4300 Cherry Creek Drive South Denver, Colorado 80222-1530. A verified copy of this letter will be returned to you when it is fully approved. State of Colorado: Roy Romer, Governor By: By: Name Lee Thielen, Assistant Director Title For the Executive Director Colorado Department of Health APPROVALS: By: Lee Koleski, Fiscal Officer Disease Control and Environmental Epidemiology Division By: State Controller or Authorized Designee ®,;9 ,Q,I2, COLORADO mEmoaAnuum Dale Hall, Chairman To Board of County Commissioners From Date January 19, 1995 ' '!O John Pickle, Director, Health Department Subject: Immunization Contract Renewal Enclosed for Board review and approval is a renewal contract between the Weld County Health Department (WCHD) and the Colorado Department of Public Health and Environment for the Immunization Program. WCHD will receive up to $97,258 for the period January 1, 1995 through December 31, 1995 for participating in a State comprehensive plan to increase and enhance the availability of "age appropriate" immunizations for children. The program focus is on a critical public health population, the two to four year old age group. I recommend your approval of this contract and the continuation of this program. Enclosure 950102 Hello