HomeMy WebLinkAbout962215.tiff RESOLUTION
RE: APPROVE CONTRACT FOR CANCER PREVENTION 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 Contract for Cancer Prevention
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 July 15, 1997, 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 Cancer Prevention 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 11th day of December, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
� WELD COUNTY, COLORADO
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6 �r; f Barbar J. Kirkmeyer Chair v/'
18G L'O itel o ty Clerk to the Board
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Dale,K. Hall
AP D AS TO FOR •
Con tance L Harbert
o ntyG Attorney
W. H. Webster
962215
5�'Sj HL0022
Form 6-AC-02A (R 5/91) Department or Agency Name
Public Health and Environment
Department or Agency Number
260000 - FLA
Contract Routing Number
9706161
CONTRACT
THIS CONTRACT, made this 15th day of November 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, 1517 16th Avenue Court,Greeley,Colorado 80631 hereinafter referred to as
the contractor.
WHEREAS, authority exists in the Law and Funds have been budgeted,appropriated and otherwise made available and a
sufficient uncommitted balance thereof remains available for encumbering and subsequent payment of this contract under Encumbrance
Number FAA PPG9706161,in Fund Number 100,Appropriation Account 773,and Organization 7340.
WHEREAS,required approval,clearance and coordination has been accomplished from and with appropriate agencies;and
WHEREAS, the State of Colorado and the Division of Prevention Programs, Cancer Prevention and
Control Program, Colorado Department of Public Health and Environment has received funding to implement a
comprehensive breast and cervical cancer control project, titled the Colorado Women's Cancer Control Initiative
(CWCCI); and
WHEREAS, the State is required to facilitate the design, implementation and evaluation of outreach
activities directed toward women who are eligible for screening and diagnostic services through the project; and
WHEREAS, there is a need for outreach services in Weld county; and
WHEREAS, the Contractor is considered by the State to be an appropriate party to provide 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. Conduct outreach activities to recruit women age 50 and over whose household income is less than
or equal to 200% of the federal poverty level for breast and cervical cancer screening services.
Activities will include but are not limited to coordinating and conducting educational presentations,
coordinating and distributing marketing materials regarding the screening project, and coordinating
community-based media education.
b. Collaborate with case managers and other appropriate staff at agencies providing breast and cervical
cancer screening and diagnostic services in Weld county to direct women eligible for services into these
agencies. Activities will include but are not limited to arranging transportation and making
appointments for screening exams.
Page 1 of 6 Pages
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c. Recruit members and coordinate regular meetings of a community coalition for planning and
providing public education and outreach activities in Weld county.
d. Submit to the State minutes with attendance records of all community coalition meetings.
e. Submit monthly reports to the State on a form developed by the State describing outreach activities
including type of activity, location, date and time of event, materials used, and the number of women
impacted. Copies of print and, when feasible, electronic media will also be submitted to the State.
f. Provide documentation of in-kind or cash contributions used in the conduct of the public education
and outreach activities to be used for match for the federal dollars received for this project.
g. Send a representative to a meeting in Denver of persons conducting these activities statewide.
h. Identify the Colorado Woman's Cancer Control Initiative on any material developed and distributed
through these activities.
2. The State will provide the following services to the Contractor:
a. Produce marketing materials to be used in outreach activities.
b. Provide templates for use in media events.
c. Convene and support travel to a meeting in Denver of persons responsible for these activities
statewide.
d. Provide training and technical assistance to the Contractor's personnel in conducting these activities.
3. The State will in consideration of said services by the Contractor, cause to be paid to the Contractor a sum
not to exceed TEN THOUSAND TWO HUNDRED AND SEVENTY NINE DOLLARS ($10,279.00).
Reimbursement shall be conditioned upon affirmation by the State that services were rendered in accordance
with this contract as follows:
a. Upon receipt of signed statements every month submitted in duplicate and within 30 days following
the end of the month during which the services were rendered, requesting reimbursement for personnel,
operating expenses and indirect costs. Said statements shall set forth dates, names of payees, brief
description of expenditures, amounts and total requested. Reimbursement shall be conditioned upon
affirmation by the Division of Prevention Programs, Cancer Prevention and Control Program, that all
services were rendered in accordance with the contract.
b. Said Statements shall be sent to the Division of Prevention Programs, Cancer Prevention and
Control Program, PPD-CC-A5, 4300 Cherry Creek Drive South, Denver, CO 80222-1530.
4. The following budget shall govern the expenditure of funds by the Contractor as well as the subsequent
reimbursement by the state. The Contractor has the authority to cumulatively transfer no more than 10% of the
total funds between line items without prior approval by the State. Cumulative transfers exrePding 10% of the
total funds require written approval by the State:
a. Personnel/Fringe $ 8,142.00
b. Operating Expenses $ 1,000.00
c. Indirect Costs $ 1,137.00
Total $10,279.00
5. The term of this contract is beginning January 1, 1997 and continuing through July 15, 1997.
Page 2 of 6 Pages
COLORADO DEPARTMENT OF HEALTH-hereinafter,under the General Provisions referred to as "Health".
GENERAL PROVISIONS —page 1 of 2 pages
1. The contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither the
contractor nor any agent or employee of the 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 orovide and keep in force
workers'comoensation(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 thither performance of the terms of this agreement shall thereupon cease,but the parties shall
not be relieved of the duty to perform their obligations up to the date of termination.
4. This agreement is intended as the complete integration of all understandings between the parties. No prior or
contemporaneous addition,deletion,or other amendment hereto shall have any force or effect whatsoever,unless embodied
herein in writing. No subsequent novation,renewal,addition,deletion,or other amendment hereto shall have any force or effect
unless embodied in a written contract executed and approved pursuant to the State Fiscal Rules.
5. If this contract involves the expenditure of federal funds,this contract is contingent upon continued availability of federal
funds for payment pursuant to the terms of this agreement Contractor also agrees to fulfill the requirements of:
a) Office of Management and Budget Circulars A-87,A-21 or A-122,and A-102 or A-110,whichever is applicable;
b) the Hatch Act(5 USC 1501-1508)and Public Law 95-454 Section 4728.These statutes state that federal funds cannot
be used for partisan political purposes of any kind by any person or organization involved in the administration of
federally-assisted programs;
— c) the-Davis-BacorrAct(40 Stat 1494; Marl, 1921, Chap. 411,40 USC 276-A-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.
t) 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).
Page 3 of 6 Pages Q
Rev. 06/01/92(GEN070595) 96;221 5
GENERAL PROVISIONS—Page 2 of 2 pages
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 1004 contain federal funds as of the date it is signed.This requirement is in addition to any other audit
requirements contained in other paragraphs within this contract.
10. Contractor agrees to not use federal funds to satisfy federal cost sharing and matching requirements unless approved in
writing by the appropriate federal agency.
Page 4 of 6 Pages ,�
3ev. 06/01/92(GEN070595) �fJti ,J
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
3.1f this contract involves the payment of more than fifty thousand dollars for the construction,erection,repair,maintenance,or improvement of any building,
mad.bridge,viaduct,Amnel,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 thaw:me-half of the gVel amount payable by the terms of this contract Such bond shall be duly executed by a qualified
caimans wety 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,provender 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. Thisprovision 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 uofairemployment 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 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 am 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 _ _
-upg-raftimcdrmaansfer,recruitment or recruitment adverstngs;lay-a or terminations,rates of pay or other forms of compensation;and selection
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. -
(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.
Form 6-AC-cm(GEN070595)
Revised 1/93
395-53-01-1022 6
Page 5 of Pages
962215
(g) Isi the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules,regulations,orondas,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 ofAprr716,1975 and the rules,regulations,orordas 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,orotders issued pursuant to Executive Order,Equal Opportunity and Affirmative Action of April 16,1975,so that such provisions will be binding
woo each subcontractor or vendor. The contractor will take such action with respect to any subcontracting or purchase order as the contracting agency may
direct,a a means of enforcing such provisions,including sanctions for ran-compliance provided,however,that in the event the contractor becomes involved
in,ors thrntcaed 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
6s. Provision of CRS 8-17-101 R 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
froth a stale or foreign'oountry equal to the preference given or required by the state or foreign country in which the non-resident bidder is a resident=Hfit is _
determined by the officer responsible for awarding the bid that compliance with the su&oction.06 may cause denial of Said funds which would otherwise
beavaiabler would ot emise be inconsistent with requirements of Federal law,this subsection shall be suspended,but only to the extent necessary to prevent
denial of the moneys orb eliminate the inconsistency with Federal requirement(CRS 8-19-101 and 102}
GENERAL
•
7.The Ins of the Stab ofColorado and rules and regulations issued pursuant thereto shall be applied in the interpretation,execution.and enforcement of this
comet[.Agprovsionofthis contract whether not incorporated herein by reference which provides for arbitration by any etmayodiad body or onion or
which is olhawse inconflict with said laws.rules,and regulations shell be considered null and void. Nothing contained in any provision incorporated herein
by reference which purports to negate this r any otherspecial provision in whole or in per shall be valid or enforceable or available in any action at law whether
by way of complaint,defense,or otherwise. My 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.
a., ma times during the performance of this contract,the Contractor shall strictly adhere to all applicable federal and state laws,rules,and regulation that
have been or may hereafter be established.
9.The sign ioria aver that they arc 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 stele employee has any personal or beneficial interest whatsoever in the service or property described herein:
IN WITNESS WHEREOF,the patties hereto have executed this Contract on the day first above written.
Weld County Health Department
Contractor: olorado
) WELD COUNTY, COLORADO State of
ct) un
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BARB RA J. a:e!( irate G12/11/96
Prition(7ido) ,aft- +, ".E i r_TY COMMISSIONERS By
iier460)10g--(e s-�`1
.-- nrigr Number Department
of PUBLIC HEALTH AND ENVIRONMENT
If Corporation,'1; e
Attest(Affix -�
By _ i. % --1.6." DEPUTY I hereby certify this to be
a'•„•.,:r e;, i x '`. �':. ... .unry Clerk TO BOARD a true end exact copy of the
APPROVALOripinel.
_ r
ATTORNEY GENERAL CONTROLLER By By?* C 1n Gale A.Norton Clifford W.Hall
6
F. 6-AC-02C(Gt2wta595) Page 6 which is the last of Pages
Revised 1/93
3953-01_x03e c ►Y l
PROGRAM APPROVAL:
Af'i mEmoRAnDum
Barbara Kirkmeyer, Chair
To Board of County Commissioners Date December 9, 1996
COLORADO
From John Pickle, Director, Health Department
Subject:
Cancer Prevention Outreach Contract
Enclosed for Board approval is a contract between the Weld County Health Department and
Colorado Department of Public Health and Environment for the Cancer Prevention Program.
Under the provisions of this agreement, the Health Department will provide outreach activities to
recruit low income women age 50 and over for breast and cervical cancer screening services.
This activities will include coordinating and conducting educational presentations, coordinating
and distributing marketing materials about the screening project, and coordinating community-
based media education. For these services, the Health Department will be reimbursed a sum not
to exceed $10,279 for the time period January 1, 1997 through July 15, 1997.
I recommend your approval of this contract.
Enclosures
962215
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