HomeMy WebLinkAbout971498.tiffRESOLUTION
RE: APPROVE CONTRACT FOR ASSIST PROJECT WITH THE COLORADO
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AND AUTHORIZE
CHAIRMAN TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Contract for the ASSIST Project
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, 1997, and
ending September 30, 1998, 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 ASSIST Project 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 28th day of July, A.D., 1997.
BOARD OF COUNTY COMMISSIONERS
WEL COUNTYt-zt%
ORADO
, ,
E. Baxter, Chair
arbara J. Kirkmeye
W. H. Webster
&t bit; sr
971498
HL0023
Form 6 -AC -02A (R 5/91)
CONTRACT
Department or Agency Name
Public Health & Environment
Department or Agency Number
260000 - FAA
Contract Routing Number
9807056
THIS CONTRACT, made this 3rd day of June 1997, 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 PPG9807056 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 1997-98 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 1997-98 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 nonsmoking cues and messages.
b. Develop and support state and local youth access policies.
c. Decrease exemptions and increase compliance with schools laws.
d. Train primary providers to advise cessation: Provide follow-up.
e. Implementation of future activities.
Page 1 of 6 Pages
971498
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-FIVE THOUSAND FIVE HUNDRED TWO DOLLARS
[$55,502.00 ($52,502.00 for services detailed above and a maximum of $3,000.00 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 $4.375.00 per month for eleven
months (October, 1997 - August, 1998) and $4.377.00 for one month (September, 1998)
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 Division of Prevention Programs, ASSIST Project,
PPD-ASSIST-A5, 4300 Cherry Creek Drive South, Denver, CO 80222-1530.
5. The term of this contract is beginning October 1. 1997 and continuing through September 30,
1998.
Page 2 of 6 Pages
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COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT- hereinafter, under the General Contract
Provisions, referred to as "CDPHE".
GENERAL CONTRACT PROVISIONS -- page I of 2 pages
I. 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 AND LOCAL HEAD TAX ON ANY MONIES
PAID PURSUANT TO THIS CONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR AND ITS
EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR
A THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE
PROVIDE SUCH COVERAGE. CONTRACTOR SHALL HAVE NO AUTHORIZATION, EXPRESS OR IMPLIED, TO BIND
THE STATE TO ANY AGREEMENTS, LIABILITY, OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH
HEREIN. CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE WORKERS' COMPENSATION (AND SHOW PROOF
OF SUCH INSURANCE) AND UNEMPLOYMENT COMPENSATION INSURANCE IN AMOUNTS REQUIRED BY LAW,
AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR, ITS EMPLOYEES AND AGENTS.
2. Contractor authorizes CDPHE, or its agents, to perform audits and to make inspections for the purpose of evaluating
performance under this contract.
3. Either party shall have the right to terminate this agreement by giving the other party thirty days notice by registered mail,
return receipt requested. If notice is so given, this agreement shall terminate on the expiration of the thirty days, and the liability
of the parties hereunder for the further performance of the terms of this agreement shall thereupon cease, but the parties shall
not be relieved of the duty to perform their obligations up to the date of termination.
4. This agreement is intended as the complete integration of all understandings between the parties. No prior or
contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied
herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect
unless embodied in a written contract executed and approved pursuant to the State Fiscal Rules.
5. If this contract involves the expenditure of federal funds, this contract is contingent upon continued availability of federal
funds for payment pursuant to the terms of this agreement. Contractor also agrees to fulfill the requirements of:
a) Office of Management and Budget Circulars A-87, A-21 or A-122, and A-102 or A-110, whichever is applicable;
b) the Hatch Act (5 U.S.C. 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 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 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;
Page 3 of 6 Pages
Rev. 05/07/97 (GEN)
971498
GENERAL CONTRACT PROVISIONS -- Page 2 of 2 pages
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;
1) if the contractor is acquiring real property and displacing households or businesses in the performance of this contract,
the contractor is in compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act, as amended
(Public Law 91-646, as amended and Public Law 100-17, 101 Stat. 246 - 256); 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).
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, 4I U.S.C. 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 CDPHE 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 federal funds in an aggregate amount per year from CDPHE which exceeds the applicable threshold
dollar amount specified in the Office of Management and Budget Circulars A-128 or A-133, 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 CDPHE 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 famish one copy of the audit reports to the CDPHE 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 CDPHE 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 / 9O6&tkQ) 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. 05/07/97 (GEN)
Page _4_ of 6 Pages
971498 1
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 •yenned 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
cheek 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 actor 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
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 adveriisings; 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 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.
(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 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 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
Form 6 -AC -028 (GEN060197) Revised 06/01/97 Page 5 of 6 pages
971498
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, a 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
61. 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 Slate of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution, and enforcement of this
contract. My provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extra -judicial body or person
awbicb is otherwise in conflict with said laws, rules, and regulations shall be considered mill 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 ofmay 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 debt or child support arrearages; (b) unpaid balance of tax, accrued interest, or other charges specified in Article 22, Title 39, CRS;
(e) 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. -
11. 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 N
Weld Count Health Department
By
.GEORGE E. BAXTER CHAIR. WELD
Position (Title) COUNTY BOARD OF COMMISSIONERS
Social
If Corporati
Attest (Affi
By
ATTORNEY GENERAL
By
Gale A. Norton
Form 6 -AC -02C (GEN060197)
(07/28/97)
Board
C. "ichard ennington
Assistan • ttorney General
State of Colorado
ROY ROMER, GOVERNOR
By
Department
of PUBLIC HEALTH AND ENVIRONMENT
PROGRAM APPROVA
WELD COUNTY Ng
BY:
APPROVALS
CONTROLLER
By
JOHN S. PICKLE, M.S.E.H.
DIRE%QI3PROVALS.
STATE CONTtSOLLER
CLIFF''! W..H
BY:
Clifford W. Hall
Revised °"t'"7State S • rgritlft 4 gAthbdt is the last of —6— pages
971498
mEmoRAnDum
'liRe.
COLORADO
George Baxter, Chairman
To Board of County Commissioners
From
Subject:
Date
July 24, 1997
John Pickle, Director, Health Department
ASSIST Project Contract
Enclosed for Board approval and signature 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 nonsmoking cues and messages
2. Develop and support state and local youth access policies
3. Decrease exemptions and increase compliance with school laws
4. Train primary providers to advise cessation and provide follow-up
5. Implementation of future activities
For these services, the Health Department will be paid a sum not to exceed $55,502 plus a
maximum of $3,000 for training and professional development. The term of this contract
if from October 1, 1997 through September 30, 1998.
I recommend your approval of this contract.
Enclosures
971498
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