HomeMy WebLinkAbout970105.tiffRESOLUTION
RE: APPROVE AMENDMENT #1 TO CONTRACT FOR HIV COUNSELING AND TESTING
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 Amendment #1 to Contract for 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 Health Department, and the
Colorado Department of Public Health and Environment, said amendment to be effective
December 19, 1996, 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 Amendment #1 to Contract for 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 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 amendment.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 20th day of January, A.D., 1997, nunc pro tunc December 19,
1996.
ATTEST
Weld Co
BY.
Deputy Clerk o e Board
APP' z . e AS TO FPM:
my Attorn
66 ; NL)3T
BOARD OF COUNTY COMMISSIONERS
WELD, COUNTY, COLORADO
George E. Baxter, Chair
nce L. HarbertzPrQrTem
Dal, K. Hall
rbara J. Kirkmeyer O
W. H. Webster
970105
HL0023
Department or Agency Number
26000 - FHA
Contract Routing Number 97- 06243
ft- 6 -AC -02A (R 1/86)
AMENDMENT #1
CONTRACT
THIS CON TRACT, made this 19 day of December, 1996, 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. 1571 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 therefore available for payment in
Fund Number100, APPR code 365, Contract Encumbrance Number FHA SOD960643 • and
WHEREAS, required approval, clearance and coordination has been accomplished from and
with appropriate agencies; and
WHEREAS, the State has procured funding from the Centers of Disease Control and
Prevention (CDC) to implement a comprehensive plan relative to the statewide control of Sexually
Transmitted Disease (STD) and Human Immunodeficiency Virus (HIV) Infection; and
WHEREAS, the State has entered into an agreement with the Contractor to collaborate on
said plan; and
WHEREAS, it is the intention of the parties to amend the original contract to provide for
additional services. It is the State's intent to reallocate the current contract amount and not to
increase the total contract amount specified in the original 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 contract
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97010.5
thereof, unless specifically modified herein, are to apply to this contract as though they were
expressly re -written, incorporated and included herein.
3. It is agreed that the original contract SOD960643, 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 adding to paragraph 16 the following item , which reads:
J
HIV counseling and testing services infrastructure development not to exceed
One Thousand Three Hundred Dollars ($1,300.00) for this contract period.
4. Funding is contingent upon continued availability of federal funds for payment pursuant to the
terms of this agreement.
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 , the provisions of this amendment shall
in all respects govern and control.
6. The effective date of this amendment is December 19, 1996, but in no event shall be deemed
valid until proved by the State Controller or such assistant as he may designate.
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910:1.5
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 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 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) Thecontractor 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 forth provisions of this non-discrimination clause.
Revised 1/93
Form 6 -AC -02B (GEN070595)
395-53-01-1022
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970105
(b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that
all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, sex,
marital status, religion, ancestry, mental or physical handicap, or age.
(c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement
or other contract or understanding, notice to be provided by the contracting officer, advising the labor union or workers'
representative of the contractor's commitment under the Executive Order, Equal Opportunity and Affirmative Action, dated April
16, 1975, and of the rules, regulations, and relevant Orders of the Governor.
(d) The contractor and labor unions will furnish all information and reports required by Executive Order, Equal Opportunity
and Affirmative Action 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 rights in such labor
organization, or expel any such individual from membership in such labor organization or discriminate against any of its
members in the full enjoyment of work opportunity because of race, creed, color, sex, national origin, or ancestry.
(f) A labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce the doing of any act
defined in this contract to be discriminatory or obstruct or prevent any person from complying with the provisions of this
contract or any order issued thereunder; or attempt, either directly or indirectly, to commit any act defined in this contract to
be discriminatory.
(g) In the event of the contractor's non-compliance with the non-discrimination clauses of this contractor 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 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
Page 4 of 5 pages
970195
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, 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: State of Colorado
(Full Legaame) Weld Co tv Health Department ROY ROMER, GOVERNOR
By
f
Position (Title) CHAIR
WELD 0
84-6
Social Securi
If Corporation, Town
By
Corporate S retary, 'r Equiv
01/ao/97
mber
By
Department
of PUBLIC HEALTH AND ENVIRONMENT
APPROVALS
ty/County t Jerk CONTROLLER
ATTORNEY GENERAL
By
Gale A. Norton
FIN 846000813 B
Fonn 6 -AC -02C (GEN070595)
Revised 1/93
395-53-01-1030
Page 5 which is the last of 5 pages
By
Clifford W. Hall
Proram Approval:
WELD COU
BY;
T DyART
JOHN S. PICKLE
DIRECTOR
970105
ist
COLORADO
mEmoRAnuum
To George Baxter, Chair Date January 15, 1977
Board of Commissioners
From John Pickle, Director, Health Department J.
Subject Contract Modification - HIV Counseling and esting Contract
Enclosed is a modification to Contract SOD960643, the original HIV Counseling and Testing
Contract for the time period January 1, 1996 through December 1996. The contract modification
is effective December 19, 1996 and allows for the addition of HIV counseling and testing
infrastructure development services to be devoted to staff training, support of exsiting positions
or the purchase of equipment. The contract modication amount does not increase the amount of
the original contract but allows Weld County Health Department to spend the remaining balance
from the 1996 contract funds.
The amount of this contract modification is $1,300.00.
I recommend approval of this contract.
Enclosures
970105
HL0023
970105
CONTRACT VOIDED - STATE DID NOT APPROVE
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