HomeMy WebLinkAbout970240.tiffRESOLUTION
RE: APPROVE MODIFICATION TO CONTRACT FOR 1997 HIV COUNSELING AND
TESTING BETWEEN HEALTH DEPARTMENT AND COLORADO DEPARTMENT OF
PUBLIC HEALTH AND ENVIRONMENT 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 Modification to Contract for 1997 HIV
Counseling and Testing 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, 1997, and ending December 31, 1997, with further terms and conditions being as
stated in said modification, and
WHEREAS, after review, the Board deems it advisable to approve said modification, 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 Modification to Contract for 1997 HIV Counseling and Testing
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Weld County Health Department, and the
Colorado Department of Public Health and Environment be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said modification.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 5th day of February, A.D., 1997, nunc pro tunc January 1, 1997.
Deputy Clerk to the Board
APPROVED AS TO FORM:
minty Aitorn
isT
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CO ORADDDO
yz _
George
EXCUSED
Baxter, Chair
nstance L. Harbert, P o-Tem
Dale K. Hall
FXCI ISM
Barbara J. Kirkmeyer
W. H. Webster
✓�1>22,c, 9}
970240
HL0023
rem6-AoouM1 1/•31
DEPARTMENT OR AGENCY NUMBER
FHA
CONTRACT ROUTING NUMBER
9706181
CONTRACT
THIS CONTRACT, made this 1st day of January, 1997, by and between the State of
Colorado for the use and benefit of the Department of Public Health and Environment, 4300
Cherry Creek Drive South, Denver, Colorado 80222-1530 hereinafter referred to as the State,
and Weld County Health Department, 1517 16th Avenue Court, Greeley, 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 FHA
SOD9706181 • and
WHEREAS, the State has formulated comprehensive plans relative to the statewide
control of Sexually Transmitted Disease (STD) and Human Immunodeficiency Virus (HIV)
Infection; and
WHEREAS, in order to implement said comprehensive plan, the State has established
provisions by which to provide supplementary support to various local health departments and
community based service organizations; and
WHEREAS, the Colorado General Assembly has recognized the provision of confidential
counseling and testing services as the preferred screening service for the detection of HIV
infection; and
WHEREAS, the State has established an anonymous counseling and testing program at
select contracted local county health departments' Counseling and Testing Sites (CTS) for
persons considered to be at high risk for HIV infection; and
WHEREAS, the Contractor has chosen to provide confidential and anonymous
counseling and testing services for antibody to HIV.
WHEREAS, the Contractor, a County Health Department (CHD), is considered by the
State to be an appropriate agency to provide the services as herein set forth,
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:
Page I or 10 racer
970240
1. The Contractor agrees to provide HIV risk -reduction counseling and antibody testing
services according to the terms outlined in this contract;
a. Funds will support two basic types of testing programs; Provider Initiated testing
and Patient Initiated testing. Provider Initiated testing will consist of testing at facilities that
provide routine risk assessment and ongoing medical care (family planning clinics, sexually
transmitted disease (STD) clinics, substance abuse treatment centers (SATC)). Patient Initiated
testing consists of testing at Counseling and Testing Sites (CTS) and CTS outreach where clients
go to receive HIV testing services only;
2. The Contractor agrees that counseling and testing services for each individual will include
the following: a) the administration of a Colorado Department of Public Health and Environment
(CDPHE) specified informed consent form (sample attached and by this reference made part
hereof as Attachments A and B), or approved equivalent , b) a risk assessment, c) a discussion
and development of a risk -reduction plan for the client, d) drawing blood sample for laboratory
processing, e) transportation of blood to laboratory, f) informing clients of test results, g)
explaining the significance of both positive and negative test results to the client, h) making
every effort to ensure that all clients who test HIV antibody positive receive posttest counseling,
i) referring clients who test positive for follow-up medical and counseling services as
appropriate, j) referring clients who test negative and are engaging in high risk behaviors for
follow-up counseling services as appropriate, k) ensuring that those positive clients who do not
return for results are referred to the CDPHE Disease Intervention Specialists for posttest
counseling and sex and needle -share partner referral;
a. The Contractor agrees that screening services for each individual will include the
following: a) the administration of Colorado Department of Public Health and
Environment (CDPHE) specified informed consent forms (samples attached and by this
reference made part hereof as Attachments A and B, respectively), or approved
equivalent, b) a risk assessment, c) drawing blood sample for laboratory processing, d)
transportation of blood to laboratory, e) informing clients of test results, f) making every
effort to ensure that all clients who test HIV antibody positive receive posttest
counseling, g) ensuring that those positive clients who do not return for results or are lost
for follow-up are referred to the CDPHE, and h) ensuring that all positive clients are
referred to CDPHE Disease Control Specialists for sex and needle -share partner referral.
3. The Contractor further agrees that this contract amount will be based on client risk.
"High/increased risk" clients have a history since 1978 of one or more of the following: 1)
injection drug use, 2) sex with a person with HIV/Acquired Immune Deficiency Syndrome
(AIDS), 3) sex with a man who has sex with men, 4) sex with an injection drug user, 5) an
STD; 6) receiving money or drugs for sex. All other persons would be considered low/no risk;
4. The Contractor agrees to abide by the current policy regarding the retention of HIV
testing records as outlined in the "Colorado Department of Public Health and Environment
Retention of HIV Negative and Positive Tests Results" and the "Rules and Regulations
Page 2 of 10 Pages
970240
Pertaining to the Reporting, Prevention, and Control of AIDS, HIV Related Illness, and HIV
Infection" (sample attached and by this reference made part hereof as Attachment C and D,
respectively).
5. Contractors may (but are not required to) charge clients. Contractors choosing to collect
fees may do so by the method they find most appropriate (sliding scale, flat administrative fee,
donation, etc.). A fee waiver is left to the Contractor's discretion. Clients who are referred by
the CDPHE as sex/needle-share partners of HIV infected persons or persons who are at
high/increased risk for HIV infection, as described in paragraph three of this contract, will not
be denied services because of inability to pay;
6. All counselors providing counseling and testing services must have successfully completed
the Centers for. Disease Control and Prevention (CDC) course "HIV Prevention Counseling" or
an approved equivalent. All counselors providing ten or more pre or posttest counseling sessions
per calendar quarter (every 3 months) are required to attend one State approved HIV counselor
update per year. Those Contractors which do not have any counselors providing ten or more
pre or posttest counseling sessions per calendar quarter are required to have a minimum of one
counselor per year attend a State approved HIV counselor update;
a. Any counselor providing HIV screening services through the family planning
clinic or SATC only is not required to attend the training outlined in paragraph
six of this contract.
b. Any counselor providing HIV posttest counseling must have successfully
completed the training outlined in paragraph six of this contract.
7. The Contractor agrees to maintain internal medical and administrative records (labslips,
counseling session notes) in a manner which ensures confidentiality and security and is consistent
with procedures for clinical services;
8. Contractors shall designate an HIV Counseling and Testing Coordinator and provide the
name of this person, as well as the name of all employees providing counseling and testing
services, to the State within thirty days of the effective date of this contract. The Coordinator
will serve as the contact person with State staff to resolve operational issues. Such issues will
include but not be limited to: laboratory report form completion, billing and reimbursement,
counselor training, evaluation and modification of counseling services;
9. All counselors providing counseling and testing must be evaluated annually by the HIV
Coordinator, his/her designee, and/or State staff with an evaluation instrument provided by the
State. Copies of completed evaluations will be submitted to the State;
10. The Contractor agrees to fully and legibly complete the HIV 1 Serology lab slip for each
person tested. All lab slips must specify the source of the client services (where they were
tested) along with the provider. Specific codes used to indicate the source of the client services
Page 3 of 10 Pages
970240
are as follows:
Source
CTS
STD
FP
Code
0214
0114
1213
11. The Contractor further agrees, for each client posttest counseled, to fully and legibly
complete the Counseling Follow-up form on the reverse side of the HIV 1 Serology lab slip
provided by the State. The completed Counseling Follow-up forms shall be submitted to the
State within forty-five days after the date of pretest counseling. The State shall provide to the
Contractor a quarterly Testing Site Activity Report within sixty days following the end Df the
quarter;
12. The State shall provide free laboratory services for all persons accepting HIV antibody
testing who report having participated in high/increased risk behavior as defined in paragraph
three of this contract;
13. The Contractor agrees that the contract amount for testing services will be based on
testing volume at this agency during the previous year and the following budgetary criteria;
a. Pretest counseling for all persons with high/increased risk accepting HIV
antibody testing at the CTS, at twenty dollars ($20.00) per client.
b. Pretest counseling for all persons with high/increased risk accepting HIV
antibody testing at the STD Clinic, at sixteen dollars ($16.00) per client.
c. Posttest counseling for all persons with high/increased risk accepting HIV
antibody testing at the CTS or STD Clinic, at six dollars ($6.00) per client.
d. HIV screening sessions for all persons with high/increased risk accepting HIV
antibody testing at the family planning clinic or SATC, at ten dollars ($10.00)
per client.
e. Posttest counseling for all persons testing HIV antibody positive at the family
planning clinic or SATC at seventeen dollars ($17.00) per client.
f. Second posttest counseling for all persons testing HIV antibody positive at the
family planning clinic, CTS, STD Clinic, or SATC, at twenty dollars ($20.00)
per client.
14. The State will, in consideration of all services outlined in this contract, cause to be paid
to the Contractor a sum not to exceed Four Thousand Two Hundred Sixty Dollars ($4,260.00)
for the period beginning January 1, 1997, and continuing through December 31, 1997, subject
Page 4 of I0 rages
970240
to change based upon differences between estimated and actual funding appropriation and
legislative approval, and conditioned upon affirmation by the State that services were rendered
in accordance with this contract as follows:
a. The State will provide via facsimile quarterly statements by the eleventh working
day of the end of the quarter for which reimbursement is to be provided. These
quarterly statements will reflect the number of pretest and posttest counseling sessions,
return rates, referral rates, and a hierarchical risk report for that quarter. The Contractor
will have 21 days following receipt of the statements in which to review and verify these
statements by signature or inform the State of any discrepancies. Failure to notify the
State of any discrepancies or to verify these statements by signature within 21 days
following receipt of the statement will result in a forfeit of reimbursement eligibility for
that quarter;
15. The following budget shall govern the expenditure of funds by the Contractor, as well
as subsequent reimbursement by the State:
a. Reimbursement will be made in four equal payments of One Thousand Sixty Five
Dollars ($1,065.00) minus laboratory processing fees described in part (b) below
and following receipt of the verified quarterly statements described in paragraph
14 (a) of this contract.
b. The State shall reduce quarterly reimbursement rates by a rate not to exceed
seven dollars ($7.00) for each individual who does not report having participated
in high/increased risk behavior (no/low risk client) as defined in paragraph three
of this contract. The total amount of the reduction will be transferred to a
Laboratory to cover the laboratory processing services for no/low risk clients;
c. The contractor may choose to charge clients as outlined in paragraph five of this
contract.
16. Changes in total reimbursement amounts for above named services in consideration of
increased or decreased levels of utilization in the original contract shall be made by a mutually
signed Change Order Letter approved by the State Controller or his designee in the form
attached hereto as Attachment E, subject to the following conditions:
a. Identification of contract by contract number and number of affected paragraph;
b. Amount of increase or decrease in funding and amount of change in number of
clients served;
c. Intended effective date of funding change;
Pace 5 of 10 Rues
970240
d. Authorized signatures of the Contractor, the Program, the Health Department and
the State Controller or an approved designee. It is understood that no change
except funding amounts and the resulting change in client numbers, may be made
through the Change Order Letter. Any other changes will be made by an
amendment to this contract;
e. A provision stating that the change shall not be deemed valid until approved by
the State Controller or such assistant as he may designate. Upon proper
execution and approval, such Letter shall become an amendment to this Contract
and, except for the General and Special Provisions in the Contract, the Letter
shall supersede the Contract in the event of a conflict between the two.
17. The State and Contractor agree that additional funds may be awarded to expand or extend
activities. Should such funds become available, they will be awarded by an amendment to this
contract;
18. The term of this contract is beginning January I, 1997, and continuing through December
31, 1997.
Page 6 of 10 Pages
970240
COLORADO DEPARTMENT OF HEALTH - hereinafter, under the General Provisions referred to as "Health".
GENERAL PROVISIONS -- page I 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 contractor shall be or shall be deemed to be an agent
or employee of the state. Contractor shall pay when due all required employment taxes and income tax
withholding, shall provide and 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-IIO, 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 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 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; and
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.
Rev. 06/01/92 (GEN070595)
Page 7 or to Pug..
970240
GENERAL PROVISIONS -- Page 2 of 2 pages
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, 1O1 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 (does/does-riot) 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.
Rev. 06/01/92 (GEN070595)
Pugs N of 10 P:gcn
970240
SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
1 . 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 fitly thousand dollars for the construction, erection, repair, maintenance, or improvement of any building, road.
bridge, viaduct, tunnel, excavation or other public work for this State, the contractor shall, before entering upon the performance of any such work included in this
contract, duly execute and deliver to the State official who will sign the contract, a good and sufficient bond or other acceptable surety to be approved by said official
in a penal sum not less than one-half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate surety
conditioned upon the faithful performance of the contract and in addition, shall provide that if the contractor or his subcontractors fail to duly pay for any labor,
materials, team hire, sustenance, provisions, provendor or other supplies used or consumed by such contractor or his subcontractor in performance of the work
contracted to be done or fails to pay any person who supplies rental machinery, tools, or equipment in the prosecution of the work the surety will pay the same in
an amount not exceeding the sum specified in the bond, together with interest at the rate of eight per cent per annum. Unless such bond is executed, delivered and
filed, no claim in favor 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 arc 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 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. ancesty, mental or physical handicap, or age.
(c) The contractor will send to each labor union or representative of workers with which lie 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 othenvise qualified from full membership rights in such labor organization, or expel any such individual from
membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity because of race, creed, color, sex,
national origin, or ancestry.
(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 anemia, either directly or
indirectly, to commit any act defined in this contract to be discriminatory.
Form 6 -AC -02B (GEN070595)
5 of 6 pages
Revised 1/93
395-53-01.1022
Page 9 or 10 Pages
970240
(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 Attirnmtive 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).
GENERA I,
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 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 tins 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 parties hereto have executed this Contract on the day first above written.
Contractor (Full Legal Name) :
Weld Couq}y Health Departure,
By
Chef, Weld County 02/05/97
Board of Conn' 'oners
Social Security/'Num b4r
Wel' Counffl
Town/City/s runty, or quivalegy
Position ( r
84-6000813 B/'
-1).
Attest (ABix S
13
Form 6 -AC -020 (GEN070595)
Revised I/93
395-53-01-1030
WELD CO
BY:
ru
Deputy
inty Clerk to Board CONTROLLEPr`R°VA Il.. .
FATE CCstlf 's OLL
CaIF DVV.
State of Colorado
OY ROMER, GOVERNOR
y1,ct.��
Executi were r
For: The Colo do Department of Public Health & Environment
Gale APNeit'®tis
Attorney General
A GENERAL
din
State §fvtagt'ection
PA
JI N , PICKLE
DIRECTOR
NT
13v
PROGRAM APPROVAL
Page 10 which is the last of 10 Pages
.A. Kole. i, Jr., Fiscal Officer
STATE OF COLORADO
Roy Romer, Governor
Patti Shwayder, Executive Director
Dedicated to protecting and improving the health and environment of the people of Colorado
Main Building
4300 Cherry Creek Dr. S.
Denver, Colorado 80222-1530
Phone (3b3) 692-2000
January 29, 1997
Laboratory Building
P O. Box 17123
Denver, Colorado 80217
(303) 691-4700
Weld County Health Department
Grants and Contracts
1517 16th Avenue Court
Greeley CO 80631
RE: 1997 HIV COUNSELING AND TESTING CONTRACT
Dear Contractor:
Colorado Department
of Public Health
and Environment
Due to a word processing error during the compilation of your 1997 HIV counseling and testing services contract with the
Colorado Department of Public Health and Environment (CDPHE) the special provisions pages and signature page were
incorrectly printed. State of Colorado Fiscal Rules, Rule 3-1, State Contract Form and Provisions, .02,A., specifies that all
State contracts must contain the Special Provisions set forth in the State Fiscal Rules. Inadvertently, the incorrect format was
used for the special provisions pages attached to your contract. This error is such that the State Attorney General's Office will
not accept contracts unless the correct Special Provisions pages are attached.
Please sign the attached original and copies of your 1997 HIV counseling and testing services contract and return to:
Dan Weiss
Colorado Department of Public Health and Environment
DCEED-STD-A3
4300 Cherry Creek Drive, South
Denver, CO 80222-1530.
The attached contract is identical in contract content to the erroneous 1997 contract that you have already signed and
returned to CDPHE. The only change that has been made is the replacement of the correct Special Provision pages.
We apologize for any inconvenience that this may cause you or your agency. If you have any questions or would like to speak
with Dan Weiss at 692-2682, or Rebecca Jordan at 692-2709, please do not hesitate to call. Thank you for your time and
attention to this matter. We appreciate your understanding and cooperation.
Sincerely,
Rebecca Jordan, Supervisor Dan Weiss, Admin. Program Specialist
STD/AIDS Operations & Development Disease Control and Environment Division
I:\CONT97\ SPPRO V.LTR
970240
COLORADO
mEmoRAnuum
To George Baxter, Chair Date February 3, 1997
Board of Commissioners
From John Pickle, Director, Health Department j .
Subject: Contract Modification - HIV Counseling & T sting Contract
Enclosed for Board review and approval is a contract modification to the 1997 HIV Counseling
and Testing contract between Weld County Health Department and the Colorado Department of
Public Health and Environment. The modification is due to Colorado Department of Public
Health and Environment word processing errors in the previously signed contract. The special
provisions pages and signature page were incorrectly printed. The contract modification has no
fiscal or program impact relative to the previous contract and I recommend approval of the
contract.
The contract period is for January 1, 1997 through December 31, 1997.
Enclosures
970240
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