HomeMy WebLinkAbout981551 RESOLUTION
RE: APPROVE CONTRACT FOR AMERICAN STOP SMOKING INTERVENTION STUDY
AND AUTHORIZE CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Contract for the American Stop
Smoking Intervention Study 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
October 1, 1998, and ending September 30, 1999, 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 American Stop Smoking Intervention Study 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 contract.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 24th day of August, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WE COUNTY, COLORADO
ATTEST:
1, }? Constapce L. Harb rt, Chair
Weld County Clerk ' .l. I IQ/
� J �C
4 W. W bster, o-Tem
BY: )
Deputy Clerk to the ;_ �r►I�
t9exter ;
. Ba
APR S T ORM:
all
unty ttorni EXCUSED
Barbara J. Kirkmeyer
981551
HL0024
CC. f/4; 54-6.
Form 6-AC-02A(R 5/91) Department or Agency Name
Public Health & Environment
Department or Agency Number '
260000 - FAA
Contract Routing Number
9900018
CONTRACT
THIS CONTRACT, made this 15th day of June 1998, by and between the State of Colorado for
the use and benefit of the Department of PUBLIC HEALTH & 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 uncommitted balance thereof remains available for encumbering
and subsequent payment of this contract under Encumbrance Number FLA PPG9900018, in Fund
Number 100,Appropriation Account 773, and Organization 7370.
WHEREAS, required approval, clearance and coordination has been accomplished from and with
appropriate agencies; and
WHEREAS,tobacco use is the leading preventable cause of death and disability in Colorado; and
WHEREAS, the State of Colorado and the Division of Prevention Programs, Colorado Department
of Public Health & Environment has received funding from the National Cancer Institute (NCI)to conduct
an American Stop Smoking Intervention Study (ASSIST)to reduce the prevalence of smoking by the year
2000; and
WHEREAS, the National Cancer Institute has approved the Colorado ASSIST 1998-99 Annual
Action Plan and Channel deliverables; and
WHEREAS, the Contractor is considered by the State to have the necessary expertise and
personnel to assist with implementation of the 1998-99 Annual Action Plan and the services 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 agree as follows:
1. The Contractor agrees to provide the following services:
a. Increase the number of schools grades K-12 that will offer health education on tobacco
use prevention.
b. Increase non-smoking cues and messages; decrease pro-smoking cues and messages.
c. Increase public support for state and local policies that eliminate youth access to tobacco.
d. Increase and strengthen public support that protect public from secondhand smoke.
Page 1 of 13 Pages
e. Implementation of future activities.
2. The Contractor will provide monthly progress reports towards accomplishment of activities stated
above for the Weld Primary Intervention Community (PIC). The Contractor is required to attend
the Colorado ASSIST Alliance State meetings, training and other meetings required by the
Colorado ASSIST Project Manager.
3. The Contractor will acknowledge Colorado ASSIST Alliance and its co-sponsors, the Colorado
Department of Public Health and Environment and the American Cancer Society, Colorado
Division, on any materials developed under this contract.
4. The State will, in consideration of said services by the Contractor, cause to be paid to the
contractor a sum not to exceed FIFTY-NINE THOUSAND AND SIXTY-EIGHT DOLLARS
($59,068.00 ($57,568.00 for services detailed above and a maximum of$1,500.00 for training
and professional development)]. Prior approval by the ASSIST Project Manager for acceptable
and allowable training and professional development is required. Payment for training and
professional development will be made based on actual costs incurred. Reimbursement shall be
conditioned upon affirmation by the ASSIST Project that services were rendered in accordance
with this contract as follows:
a. Upon receipt of signed monthly statements submitted in duplicate requesting _
reimbursement for services rendered at the rate of$4.797.00 per month for eleven
months(October, 1998-August, 1999)and $4.801.00 for one month (September, 1999)
plus the amount requested for training and professional development. Statements shall
reference the contract number, list dates, dollar amount requested, brief description of
activities, and total amount requested.
b. Final statement shall be submitted not later than 60 days after completion of the contract
term.
c. Said statements shall be sent to the Emergency Medical Services and Prevention
Division, ASSIST Project, PPD-ASSIST-A5, 4300 Cherry Creek Drive South, Denver, CO
80246-1530.
5. The term of this contract is beginning October 1. 1998 and continuing through Seotember 30.
1991
Page 2 of 13 Pages
GENERAL PROVISIONS
The parties warrant that each possesses actual, legal authority to enter into this Contract.
The parties further warrant that each has taken all actions required by its applicable law,
procedures, rules, or by-laws to exercise that authority, and to lawfully authorize its
undersigned signatory to execute this Contract and bind that party to its terms. The
person or persons signing this Contract,or any attachments or amendments hereto, also
warrant(s)that such person(s)possesses actual, legal authority to execute this Contract,
and any attachments or amendments hereto, on behalf of that party.
2. THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN
INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE OF THE
STATE. NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE
OF THE CONTRACTOR SHALL BE.OR SHALL BE DEEMED TO BE.AN
AGENT OR EMPLOYEE OF THE STATE THE CONTRACTOR SHALL PAY
WHEN DUE ALL REOUIRED EMPLOYMENT TAXES AND INCOME TAX
AND LOCAL HEAD TAX ON ANY MONIES PAID PURSUANT TO THIS
CONTRACT. THE CONTRACTOR ACKNOWLEDGES THAT THE
CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO
UNEMPLOYMENTINSIiRANCE BEFITS UNLESS THE CONTRACTOR OR
A THIRD PARTY_PROVIDES SUCH COVERAGE AND THAT THE STATE
DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. THE
CONTRACTOR SHALL_HAVE NO AUTHORIZATION.EXPRESS OR
IMPLIED.TO BIND THE STATE TO ANY AGREEMENTS.LIABILITY. OR
UNDERSTANDING EXCEPT__AS EXPRESSLY SET FORTH HEREIN. THE
CONTRACTORS AI AL_L PROVIDE AND KEEP IN FORCE WORKERS'
COMPENSATION(AND SHOW PROOF OF SUCH INSURANCE)AND
UNEMPLOYMENT COMPENSATION INSURANCE IN AMOUNTS REOUIRED
B r A W AND SHAT i BE SOLELY RESPONSIBLE FOR THE ACTS OF THE
CONTRACTOR ITS EMPi OYEES AND AGENTS
3. If this Contract is in the nature of personal/purchased services,then the State reserves the
right to inspect services provided under this Contract at all reasonable times and places
during the term of this Contract. "Services", as used in this clause, includes services
performed or written work performed in the performance of services. If any of the
services do not conform with the terms of this Contract,then the State may require the
Contractor to perform the services again in conformity with the terms of this Contract,
with no additional compensation to the Contractor for the reperformed services. When
defects in the quality or quantity of the services cannot be corrected by reperformance,
then the State may: require the Contractor to take all necessary action(s)to ensure that
the future performance conforms to the terms of the Contract; and,equitably reduce the
payments due to the Contractor under this Contract to reflect the reduced value of the
services performed by the Contractor. These remedies in no way limit the other
remedies available to the State as set forth in this Contract.
page 3 of 13 pages
4. If,through any cause attributable to the Contractor's action(s) or inaction(s), the
Contractor: fails to fulfill, in a timely and proper manner, its duties and obligations under
this Contract; or,violates any of the agreements,covenants, provisions, stipulations, or
terms of this Contract,then the State shall thereupon have the right to terminate this
Contract for cause by giving written notice thereof to the Contractor. Such written
notice shall be given at least ten(10)calendar days before the proposed termination date
and shall afford the Contractor the opportunity to cure the default or state why
termination is otherwise inappropriate. If this Contract is terminated for default, then all
finished or unfinished data, documents, drawings, evaluations, hardware, maps, models,
negatives, photographs,reports, software, studies, surveys, or any other material,
medium or information, however constituted, which has been or is to be produced or
prepared by the Contractor under this Contract shall, at the option of the State, become
the property of the State. The Contractor shall be entitled to receive just and equitable
compensation for any services or supplies delivered to, and accepted by, the State. If
applicable,the Contractor shall return any unearned advance payment it received under
this Contract to the State. Notwithstanding the above, the Contractor is not relieved of
liability to the State for any damages sustained by the State because of the Contractor's
breach of this Contract The State may withhold any payment due to the Contractor
under this Contract to mitigate the State's damages until such time as the exact amount
of the State's damages from the Contractor's breach of this Contract is determined. If,
after terminating this Contract for default, it is determined for any reason that the
Contractor was not in default, or that the Contractor's action or inaction was excusable,
then such termination shall be treated as a termination for convenience, and the rights
and obligations of the parties shall be the same as if this Contract had been terminated
for convenience, as described herein.
5. The State may,when the interests of the State so require,terminate this Contract in
whole or in part, for the convenience of the State. The State shall give written notice of
such termination to the other party specifying the part(s)of the Contract terminated.
Such written notice shall be given to the other party at least thirty(30)calendar days
before the effective date of termination. If this Contract is terminated for convenience,
then all finished or unfinished data,documents,drawings,evaluations,hardware,maps,
models,negatives,photographs,reports, software,studies, surveys,or any other
material, medium or information,however constituted,which has been or is to be
produced or prepared by.the Contractor under this Contract shall,at the option of the
State,become the property of the State. The Contractor shall be entitled to receive just
and equitable compensation for any services or supplies delivered to,and accepted by,
the State. If applicable,the Contractor shall return any unearned advance payment it
received under this Contract to the State. This paragraph in no way implies that a party
has breached this Contract by the exercise of this paragraph. If this Contract is
terminated by the State as provided for herein,then the Contractor shall be paid an
amount equal to the percentage of services actually performed for, or goods actually
delivered to,the State, less any payments already made by the State to the Contractor for
those services or goods.
page 4 of 13 pages
However, if less than sixty percent(60%)of the services or goods covered by this
Contract have been performed or delivered as of the effective date of termination, then
the Contractor shall also be reimbursed(in addition to the above payment)for that
portion of those actual "out-of-pocket"expenses(not otherwise reimbursed under this
Contract) incurred by the Contractor during the term of this Contract which are directly
attributable to the uncompleted portion of the services, or the undelivered portion of the
goods, covered by this Contract. In no event shall reimbursement under this clause
exceed the total financial obligation of the State to the Contractor under this Contract. If
this Contract is terminated for default because of the Contractor's breach of this
Contract, then the provisions of paragraph 4 above shall apply.
6. The Contractor shall comply with the requirements of the following:
A. Office of Management and Budget Circulars A-87, A-21, or A-122, and A-102
or A-110, as applicable;
B. the"Hatch Act"(5 U.S.C. 1501-1508)and Public Law 95-454, Section 4728.
These federal statutes declare that federal funds cannot be used for partisan
political purposes of any kind by any person or organization involved in the
administration of federally-assisted programs;
C. the"Davis-Bacon Act"(40 Stat. 1494,Mar.3, 1921,Chap.411,40 U.S.C.
276A-276A-5). This Act requires that all laborers and mechanics employed by
contractors or sub-contractors to work on construction projects financed by
federal assistance must be paid wages not less than those established for the
locality of the project by the Secretary of Labor;
D. 42 U.S.C. 6101 et seq,42 U.S.C.2000d,29 U.S.C. 794. These Acts mandate
that no person shall,on the grounds of race,color,national origin,age,or
handicap,be excluded from participation in or be subjected to discrimination in
any program or activity funded, in whole or in part,by federal funds;
E. the"Americans with Disabilities Act"(Public Law 101-336;42 U.S.C. 12101,
12102, 12111 - 12117, 12131 - 12134, 12141 - 12150, 12161 - 12165, 12181 -
12189, 12201 - 12213 and 47 U.S.C.225 and 47 U.S.C. 611);
F. if the Contractor is acquiring an interest in real property and displacing
households or businesses in the performance of this Contract,then the
Contractor is in compliance with the"Uniform Relocation Assistance and Real
Property Acquisition Policies Act",as amended(Public Law 91-646,as
amended and Public Law 100-17, 101 Stat. 246-256); and,
G. when applicable,the Contractor is in compliance with the provisions of the
"Uniform Administrative Requirements for Grants and Cooperative Agreements
to State and Local Governments"(Common Rule).
page 5 of 13 pages
H. Section 2101 of the Federal Acquisition Streamlining Act of 1994, Public Law
103-355, which prohibits the use of federal money to lobby the legislative body
of a political subdivision of the State.
7. By signing and submitting this Contract,the Contractor affirmatively avers that:
A. the Contractor is in compliance with the requirements of the "Drug-Free
Workplace Act"(Public Law 100-690 Title V, Subtitle D, 41 U.S.C. 701 et
seq.); and,
B. the Contractor hereby certifies that it is not presently debarred, suspended,
proposed for debarment,declared ineligible, or voluntarily excluded from
covered transactions by any federal department or agency. The Contractor
agrees to comply with all applicable regulations pursuant to Executive Order
12549, including, Debarment and Suspension and Participants'Responsibilities,
29 C.F.R. 98.510(1990).
C. the Contractor shall comply with all applicable regulations pursuant to Section
319 of Public Law 101-121,Guidance for New Restrictions on Lobbying,
including,Certification and Disclosure,29 C.F.R. 93.110 (1990).
8. If this Contract involves the expenditure of federal or state funds,then this Contract is
subject to, and contingent upon,the continued availability of those funds for payment
pursuant to the terms of this Contract. If those funds,or any part thereof,become
unavailable as determined by the State,then the State may immediately terminate this
Contract.
9. To be considered for payment,billings for payments pursuant to this Contract must be
received within a reasonable time after the period for which payment is requested;but in
no event no later than ninety(90)calendar days after the relevant performance period
has passed. Final billings under this Contract must be received by the State within a
reasonable time after the expiration or termination of this Contract;but in no event no
later than ninety(90)calendar days from the effective expiration or termination date of
this Contract.
10. Unless otherwise provided for in this Contract, "Local Match"shall be included on all
billing statements, in the column provided therefor, as required by the funding source.
11. The Contractor shall not use federal funds to satisfy federal cost sharing and matching
requirements unless approved in writing by the appropriate federal agency.
12. In accordance with Office of Management and Budget(OMB)Circular A-133 (Audits of
page 6 of 13 pages
States, Local Governments, and Non-Profit Organizations), if the Contractor receives
federal funds from any source, including State pass through money, in an aggregate
amount in excess of $300,000.00 (June 24, 1997), in a State fiscal year(July 1 through
June 30), then the Contractor shall have an annual audit performed by an independent
certified public accountant which meets the requirements of OMB Circular A-133.
If the Contractor is required to submit an annual indirect cost proposal to the State for
review and approval, then the Contractor's auditor shall audit the proposal in accordance
with the requirements of OMB Circulars A-21 (Cost Principles for Educational
Institutions), A-87(Cost Principles for State, Local and Tribal Governments),or A-122
(Cost Principles for Non-Profit Organizations),whichever is applicable. The Contractor
shall furnish one(1) copy of the audit report(s)to the State's Accounting Office within
thirty(30)calendar days of issuance; but in no event later than nine (9)months after the
end of the Contractor's fiscal year. If(an)instance(s)of noncompliance with federal
laws and regulations occurs,then the Contractor shall take all appropriate corrective
action(s)within six(6)months of the issuance of(a)report(s). The Contractor shall
grant the State, or its authorized agents, access to the Contractor's relevant records and
financial statements. The Contractor shall retain all such records and financial
statements for a period of three (3)years after the date of issuance of a final audit report.
This requirement is in addition to any other audit requirements contained in other
paragraphs of this Contract.
13. Unless otherwise provided for in this Contract,for all contracts with terms longer than
three(3)months,the Contractor shall submit a written progress report, if required by this
Contract,specifying the progress made for each activity identified in this Contract.
These progress reports shall be in accordance with the procedures developed and
prescribed by the State. The preparation of progress reports in a timely manner is the
responsibility of the Contractor. If the Contractor fails to comply with this provision,
then such failure: may result in a delay of payment of funds; or,termination of this
Contract. Progress reports shall be submitted to the State no later than the end of each
calendar quarter, or at such other time as may otherwise be specified.
•
14. The Contractor shall maintain a complete file of all records, documents,
communications, and other materials which pertain to this Contract. Such materials
shall be sufficient to properly reflect all direct and indirect costs of labor,materials,
equipment, supplies, and services, and other costs of whatever nature for which a
contract payment was made. These records shall be maintained according to generally
accepted accounting principles and shall be easily separable from other records of the
Contractor. Copies of all such records, documents, communications, and other materials
shall be the property of the State and shall be maintained by the Contractor, in a central
location as custodian for the State, on behalf of the State, for a period of three(3)years
from the date of final payment under this Contract, or for such further period as may be
page 7 of 13 pages
necessary to resolve any pending matters, including, but not limited to, audits performed
by the federal government.
15. The Contractor authorizes the State, or its authorized agents or designees, to perform
audits or make inspections of its records for the purpose of evaluating its performance
under this Contract at any reasonable time during the term of this Contract and for a
period of three (3) years following the termination of this Contract. As such, the
Contractor shall permit the State, any appropriate federal agency or agencies, or any
other duly authorized governmental agent or agency,to monitor all activities conducted
by the Contractor pursuant to the terms of this Contract. Such monitoring may include,
but is not limited to: internal evaluation procedures, examination of program data,
special analyses, on-site checks, formal audit examinations, or any other reasonable
procedures. All monitoring shall be performed by the State in such a manner that it shall
not unduly interfere with the work of the Contractor.
16. If the Contractor obtains access to any records, files, or information of the State in
connection with,or during the performance of,this Contract,then the Contractor shall
keep all such records, files, or information confidential and shall comply with all laws
and regulations concerning the confidentiality of all such records, files,or information to
the same extent as such laws and regulations apply to the State. Any breach of
confidentiality by the Contractor or third party agents of the Contractor shall constitute
good cause for the State to cancel this Contract,without liability to the State. Any State
waiver of an alleged breach of confidentiality by the Contractor, or third party agents of
the Contractor,does not constitute a waiver of any subsequent breach by the Contractor,
or third party agents of the Contractor.
•
17. Unless otherwise agreed to in this Contract, or in a written amendment executed and
approved pursuant to Fiscal Rules of the State of Colorado,the parties agree that all
material, information, data,computer software,documentation,studies,and evaluations
produced in the performance of this Contract for which the State has made a payment
under this Contract are the sole property of the State.
18. If any copyrightable material is produced under this Contract,then the State,and any
applicable federal funding entity, shall have a paid in full, irrevocable,royalty free,and
non-exclusive license to reproduce,publish, or otherwise use, and authorize others to
use,the copyrightable material for any purpose authorized by the Copyright Law of the
United States as now or hereinafter enacted. Upon the written request of the Contractor
shall provide the State with three(3)copies of all such copyrightable material.
19. If required by the terms and conditions of a federal or state grant,the Contractor shall
obtain the prior approval of the State and all necessary third parties prior to publishing
any materials produced under this Contract. If required by the terms and conditions of a
federal or state grant,the Contractor shall also credit the State and all necessary third
page 8 of 13 pages
parties with assisting in the publication of any materials produced under this Contract.
20. Neither the Contractor nor the State shall be liable to the other for any delay in, or failure
of performance of, any covenant or promise contained in this Contract; nor shall any
delay or failure constitute default or give rise to any liability for damages if, and only to
the extent that, such delay or failure is caused by a supervening cause. As used in this
Contract,"supervening cause" is defined to mean: an act of God, fire, explosion,action
of the elements, strike, interruption of transportation, rationing, court action, illegality,
unusually severe weather,war, or any other cause which is beyond the control of the
affected party and which, by the exercise of reasonable diligence, could not have been
prevented by the affected party.
21. It is expressly understood and agreed to between the parties that the enforcement of the
terms and conditions of this Contract,and all rights of action related to such
enforcement, shall be strictly reserved to the State and the named Contractor. Nothing
contained in this Contract shall give or allow any claim or right of action whatsoever to
or by any third person. Nothing contained in this Contract shall be construed as a waiver
of any provision of the Colorado Governmental Immunity Act, section 24-10-101 a Seq.
C.R.S.,as amended. It is the express intent of the State and the named Contractor that
any person or entity, other than the State or the named Contractor,receiving services or
benefits under this Contract shall be deemed an incidental beneficiary only.
22. To the extent that this Contract may be executed and performance of the obligations of
the parties may be accomplished within the intent of this Contract,the terms of this
Contract are severable. If any term or provision of this Contract is declared invalid by a
court of competent jurisdiction,or becomes inoperative for any other reason,then such
invalidity or failure shall not affect the validity of any other term or provision of this
Contract.
23. The waiver of a breach of a term or provision of this Contract shall not be construed as a
waiver of a breach of any other term or provision of this Contract or,as a waiver of a
breach of the same term or provision upon subsequent breach.
24. If this Contract is in the nature of personal/purchased services,then, except for accounts
receivable,the rights,duties, and obligations of the Contractor cannot be assigned,
delegated,or otherwise transferred, except with the prior,express,written consent of the
State.
page 9 of 13 pages
25. Except as otherwise provided for herein,this Contract shall inure to the benefit of,and
be binding upon, the parties hereto and their respective successors and assigns.
26. Unless otherwise provided for in this Contract,the Contractor shall notify the State,
within five (5)working days after being served with a summons, complaint, or other
pleading in a case which involves any services provided under this Contract and which
has been filed in any federal or state court or administrative agency. The Contractor shall
immediately deliver copies of any such documents to the State.
27. This Contract is subject to such modifications as may be required by changes in
applicable federal or state law, or federal or state implementing rules, regulations, or
procedures of that federal or state law. Any such required modification shall be
automatically incorporated into, and be made a part of,this Contract as of the effective
date of such change as if that change was fully set forth herein. Except as provided
above,no modification of this Contract shall be effective unless such modification is
agreed to in writing by both parties in an amendment to this Contract that has been
previously executed and approved in accordance with applicable law.
28. Notwithstanding anything herein to the contrary,the parties understand and agree that all
terms and conditions of this Contract,and the exhibits and attachments hereto,which
may require continued performance or compliance beyond the termination date of this
Contract shall survive such termination date and shall be enforceable as provided herein
in the event of a failure to perform or comply by a party to this Contract.
29. Notwithstanding any other provision of this Contract to the contrary,no term or
condition of this Contract shall be construed or interpreted as a waiver,express or
implied,of any of the immunities,rights,benefits,protections,or other provisions of the
Colorado Governmental Immunity Act(CGIA),section 24-10-101,et seq. C.R.S.,as
now or hereafter amended. The parties understand and agree that liability for claims for
injuries to persons or property arising out of the alleged negligence of the State of
Colorado, its departments, institutions,agencies,boards,officials,and employees is
controlled and limited by the provisions of section 24-10-101 g(seq. C.R.S.,as now or
hereafter amended.
30. The captions and headings used in this Contract are for identification only, and shall be
disregarded in any construction of the terms,provisions, and conditions of this Contract.
31. The parties hereto agree that venue for any action related to this Contract shall be in the
City and County of Denver,Colorado.
page 10 of 13 pages
32. All attachments to this Contract are incorporated herein by this reference and made a
part hereof as if fully set forth herein. In the event of any conflict or inconsistency
between the terms of this Contract and those of any attachment to this Contract, the
terms and conditions of this Contract shall control.
33. This Contract is the complete integration of all understandings between the parties. No
prior or contemporaneous addition, deletion,or other amendment hereto shall have any
force or effect whatsoever, unless embodied herein in writing. No subsequent novation,
renewal, addition, deletion, or other amendment hereto shall have any force or effect
unless embodied in a written contract executed and approved pursuant to the Fiscal
Rules of the State of Colorado.
•
•
page 11 of 13 pages
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.
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 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 and subcontracts.
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 advertising;lay-offs or terminations;rates of pay or other forms of compensation;and selection for training,including apprenticeship. The
contractor agrees to post in conspicuous places,available to employees and applicants for employment,notices to be provided by the contracting officer setting forth provisions
of this non-discrimination clause.
(b) The contractor will,in all solicitations or advertisements for employees placed by or on behalf of the contractor,state that all qualified applicants will receive
consideration for employment without regard to race,creed,color,national origin,sex,marital status,religion,ancestry,mental or physical handicap,or age.
(c) The contractor will send to each labor union or representative of workers with which 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,dated 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.
(0 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 contractor any order issued thereunder;or attempt,either directly or indirectly,to
commit any act defined in this contract to be discriminatory.
(g) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules,regulations,or orders,this contract may
be canceled,terminated or suspended in whole or in part and the contractor may be declared ineligible for further State contracts in accordance with procedures,authorized in
Executive Order,Equal Opportunity and Affirmative Action,dated 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,dated April 16,1975,or by rules,
regulations,or orders promulgated in accordance therewith,or as otherwise provided by law.
page 12 ofjj pages
(h) The contractor will include the provisions of paragraphs(a)through(h)in every subcontract and subcontractor purchase order unless exempted by rules,regulations,
or orders issued pursuant to Executive Order,Equal Opportunity and Affirmative Action,dated 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 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 hinds.
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 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. Pursuant to CRS 24-30-202.4(as amended),the state controller may withhold debts owed to state agencies under the vendor offset intercept system for:(a)unpaid
child support debtor child support arrearages;(b)unpaid balance of tax,accrued interest,or other charges specified in Article 22,Title 39,CRS;(c)unpaid loans due to the
student loan division of the department of higher education;(d)owed amounts required to be paid to the unemployment compensation fund;and(e)other unpaid debts owing to
the state or any agency thereof,the amount of which is found to be owing as a result of final agency determination or reduced to judgment as certified by the controller.
10. The signatories aver that they are familiar with CRS 18-8-301,et.seq.,(Bribery and Corrupt Influences),and CRS 18-8-401,et.seq.,(Abuse of Public Office),and
that no violation of such provisions is present.
I L 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 as of the date and year first above written.
CONTRACTOR:Weld County Board of Commissioners STATE:
(Full Legal Name)Weld County Health Department STATE OF COLORADO
/����� l / Roy Romer,Gover r
By: / /7/I/'�///®li'.f lXd...ale By:
Co stance L. Harbert (08/24/98) C.
DEPARTMENT OF
Position(Title) Chair PUBLIC HEALTH
4 B -
Social Security Number o Fret . r Pr�r Approval
If Corporation,Town/ Car, , r v WELD COUN LTH EPART NT
Attest(Affix Seal) • \
a BY. ICKLE, M.S.E.H.
By. Deputy tax
a Sasnc4�t� �� it I r ottaitI bl0000
aBet e
Clerk t. Egad a true and exact copy!> orginal
APPROVALS: • •
ATTORNEY GENERAL VATE CONTROL R
By: By:
Gale A.Norton Clifford W.Hall\
page which is the last of pages •
f '`'
VC Constance L. Harbert, Chair
To Board of County Commissioners Date August 20;!1998
COLORADO
From John Pickle, Director, Health Department l 1c,
Subject:
ASSIST Project Contract
Enclosed for Board review and approval is a contract between the Colorado Department of
Public Health and Environment and Weld County Health Department for the implementation of
the local Tobacco-Free Weld County Project.
Under the terms of this contract, Weld County Health Department will provide the following
services:
1. Increase the number of schools grades K-12 that will offer health education on tobacco
use prevention.
2. Increase non-smoking cues and messages; decrease pro-smoking cues and messages.
3. Increase public support for state and local policies that eliminate youth access to
tobacco.
4. Increase and strengthen public support for protecting the public from secondhand
smoke.
5. Implementation of future activities.
For these services, the Health Department will be paid a sum not to exceed $59,068. The term of
this contract is from October 1, 1998 through September 30, 1999.
I recommend your approval of this contract.
Enc.
981551
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