HomeMy WebLinkAbout981110.tiff RESOLUTION
RE: APPROVE CONTRACT FOR DIABETES CONTROL ACTIVITIES 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 diabetes control activities
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 July 1, 1998, and ending
June 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 diabetes control activities 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 29th day of June, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WEL9 COUNTY, COLORADO.
ATTEST: ��� ` 1e /tl�i ��
•` `� Constance L. Harbert, Chair
Weld County Cler.i I r6 lik2, }9,47
1 ! /
/ rl W. H. W ster, Pro-Tem�
�r 1wVI
Deputy Clerk to th �=,..�:.;,�,�
orge . axer
APP D A ORM:
Dale . Hall
ounty Att rney /teGr/L._
/Barbara J. Kirkmeyer
981110
CC /?/; Ste- HL0024
Form 6-AC-02A(R 5/91) Department or Agency Name
Public Health & Environment
Department or Agency Number
FLA
Contract Routing Number
9900174
CONTRACT •
THIS CONTRACT, made this 1st day of July 1998, 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 80246-1530 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 PPG9900174 in Fund Number 1O0 Agency FLA ,
Appropriation Account 777, and Organization 7350 .
WHEREAS,required approval, clearance and coordination has been accomplished from and with appropriate
agencies; and
WHEREAS, the State of Colorado and the Colorado Department of Public Health and Environment,
Emergency Medical Services and Prevention Division, has received funding from the Centers for Disease
Control and Prevention to reduce the morbidity and mortality due to diabetes; and
WHEREAS, there is a need to organize a community coalition to plan, conduct and implement community-
based interventions to reduce diabetes morbidity and mortality 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. Organize and coordinate the activities of a community-based diabetes coalition in the county. This
includes identifying coalition members, scheduling meetings, convening meetings, and writing and
distributing minutes.
b. Develop and maintain large print English and Spanish books and audio tapes in the two local libraries,
the Senior Center and the Rodarte Center.
c. Participate in at least 2 local health fairs, coordinating activities with local hospitals, physicians, and
other interested groups.
d. Coordinate at least one diabetes training for home health, doctors offices and public health nurses
to educate them on diabetes at McKee Medical Center in Loveland.
e. Perform approximately 15-20 glucose screenings at senior nutrition sites in Weld county.
f. Coordinate the local diabetes support group by locating speakers and obtaining pharmaceutical
support.
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2. The Contractor will provide to the State Diabetes Control Program copies of all diabetes coalition meeting
minutes and newspaper articles published.
3. The State will, in consideration of said services by the Contractor, cause to be paid to the Contractor a
sum not to exceed FIVE THOUSAND DOLLARS ($5,000.00) for the period beginning July 1, 1998
ending June 30, 1999, in accordance with the following budget:
Personnel/Fringe $4,000
Operating expenses 1 000
Total $5.000
The Contractor has the authority to cumulatively transfer no more than 10% of the total funds between
these line items without prior approval by the State. Cumulative transfers exceeding 10% of the total
funds require written approval by the State.
4. Payment shall be requested as follows:
a. By submission of signed monthly statements submitted in duplicate within 30 days following the end
of the month during which services were rendered, requesting reimbursement for hourly wages,fringe •
benefits, and indirect costs. Said statements shall set forth dates, names of payees, brief description
of expenditures, amounts and total requested.
b. Said statements should be sent to the Emergency Medical Services and Prevention Division,
Diabetes Control Program, EMSPD-DC-A5, 4300 Cherry Creek Drive South, Denver, Colorado
80246-1530.
Payment shall be conditioned upon affirmation by the State Diabetes Control Program that services were
rendered in accordance with this contract.
5. Changes in the amount of funding available for any budget period in consideration of increased or
decreased levels of service utilization from the levels funded in the original contract shall be made by
Contract Change Order Letter in the form attached hereto as Exhibit A, signed by the Contractor, the
Colorado Department of Public Health and Environment, and the State Controller or his authorized
designee. It is further understood that said Contract Change Order Letter shall not be deemed valid until
it is signed by the State Controller or his designee.
It is further understood that no change except in the amount of total funding related to changes in
utilization of services shall be made through the Contract Change Order Letter.
6. The term of this contract is beginning July 1. 1998 and continuing through June 30, 1999.
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GENERAL PROVISIONS'
1. 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
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. 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 CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE WORKERS'COMPENSATION(AND
SHOW PROOF OF SUCH INSURANCE)AND UNEMPLOYMENT COMPENSATION INSURANCE IN AMOUNTS REOUIRED BY LAW,AND
SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR,ITS EMPLOYEES AND AGENTS.
3. If this Contract is in the nature of personal 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.
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. 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 parties may,when the interests of the parties so require,terminate this Contract in whole or in part,for the convenience of the terminating party.
The terminating party 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. The Contractor shall retum 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. 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
(Rev. 04/08/98):GENERAL PROVISIONS
page 3 of 8 pages
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 authorizes the State,or its authorized agents,to perform audits and to make inspections for the purpose of evaluating the
Contractor's performance under this Contract.
7. If this Contract involves the expenditure of federal funds,then this Contract is contingent upon the continued availability of those federal funds for
payment pursuant to the terms of this Contract.The 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,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).
8. 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,
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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.
9. To be considered for payment,billings for payments pursuant to this Contract must be received within thirty(30)calendar days after the period for
which payment is requested. Final billings under this Contract must be received by the State within sixty(60)calendar days of the end of this Contract's
initial or successive terms.
10. - In accordance with Office of Management and Budget(OMB)Circular A-133 (Audits of 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),per federal fiscal year(October 1 through September 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 Contract DOES/DOES NOT(strike inapplicable language)
contain federal funds as of the date it is signed. This requirement is in addition to any other audit requirements contained in other paragraphs of this Contract.
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11. If applicable,"Local Match"shall be included on all monthly payment statements,in the column provided therefor,as required by the funding
source.
12. The Contractor shall not use federal funds to satisfy federal cost sharing and matching requirements unless approved in writing by the appropriate
federal agency.
13. 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 riot have been prevented by the affected party.
14. 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 €sea..C.B.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.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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.
20. 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.
21. 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.
22. 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,etsea.,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 et sea..C.B.S.,as now or hereafter amended.
23. The captions and headings used in this Contract are for identification only,and shall be disregarded in any construction of the terms,provisions,and
5 8
page of pages
conditions of this Contract.
24. The parties hereto agree that venue for any action related to this Contract shall be in the City and County of Denver,Colorado.
25. 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.
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SPECIAL PROVISIONS
:ONTROLLER'S APPROVAL
.This contact 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.
his provision is applicable to any contract involving the payment of money by the State.
'UND AVAILABILITY
.Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated,budgeted,
nd otherwise made available.
OND REQUIREMENT
.If this contract involves the payment of more than fifty thousand dollars for the construction,erection,repair,maintenance,or improvement of any building,
.ad.Midge,viaduct,tunnel,excavation or other public work for this State,the contractor shall,before entering upon the performance of any such work included
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
y 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
xporate surety conditioned upon the faithful performance of the contract and in addition,shall provide that if the contractor or his subcontractors fail to duly
ry for any labor,materials,team hire,sustenance,provisions,provendor or other supplies used or consumed by such contractor or his subcontractor in
sformance of the work contracted to be done or faits to pay any person who supplies rental machinery,tools,or equipment in the prosecution of the work the
usty 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
xtd is rxmar l delivered and filed,no claim in favor of the contractor arising under such contract shall be audited,allowed or paid. A certified or cashiefs
led(a 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
1-26-106.
iDEMNIFICATION
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,
gaga,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,
ems,subcontractors,or assignees pursuant to the terms of this contract.
lSCRIMINATION AND AFFIRMATIVE ACTION
The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957,as amended,and other applicable law respecting
;avoination and unfair employment practices(CRS 24-34-402),and as required by Executive Order,Equal Opportunity and Affirmative Action,dated April
, 1975.Pursuant thereto, the following provisions shall be contained in all State contracts or sub-contracts.
wing the performance of this contract,the contractor agrees as follows:
The contractor will not discriminate against any employee or applicant for employment because of race,creed,color,national origin,sex,marital status,
igion,ant-itchy,mental or physical handicap,or age.The contractor will take affirmative action to insure that applicants are employed,and that employees
treated during employment,without regard to the above mentioned characteristics.Such action shall include,but not be limited to the following:employment
grading,demotion,or transfer,recruitment or recruitment advertisings;layoffs 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
provided by the contracting officer setting forth provisions of this non-discrimination clause.
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
ssideration for employment without regard to race,creed,color,national origin,sex,marital status,religion,ancestry,mental or physical handicap,or age.
The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or
lastanding,notice to be provided by the contracting officer,advising the labor union or workers'representative of the contractor's commitment under the
ecutive Order,Equal Opportunity and Affirmative Action,dated April 16,1975,and of the rules,regulations,and relevant Orders of the Governor.
The contractor and labor unions will furnish all information and reports required by Executive Order,Equal Opportunity and Affirmative Action of April
1975,and by the rules,regulations and Orders of the Governor,or pursuant thereto,and will permit at..cab to his books,records,and accounts by the
nracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules,regulations and orders.
A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization,or expel any such individual
at membership in suds labor organization or discriminate against any of its members in the full enjoyment of work opportunity because of race,creed,color,
,national origin,or ancestry.
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 contact to be
ziminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder,or attempt,either directly
adirectly,to commit any act defined in this contract to be discriminatory.
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
tract may be canceled,terminated or suspended in whole or in part and the contractor may be declared ineligible for further State contracts in accordance
r procedures,authorized in Executive Order,Equal Opportunity and Affumatve Action of April 16, 1975 and the rules,regulations,or orders promulgated
6-AC-02B(CrENN060197) Revised 06/01/97 Page 7 of 8 pages
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
AYT'umative Action of April 16, 1975,or by rules,regulations,or orders promulgated in accordance therewith,or as otherwise provided by law.
(h) The contractor will include the provisions of paragraphs(a)through(h)in every sub-contract and subcontractor purchase order unless exempted by rules,
regulations,or orders issued pursuant to Executive Order,Equal Opportunity and Affirmative Action of April 16, 1975,so that such provisions will be binding
upon each subcontractor or vendor. The contractor will take such action with respect to any sub-contracting or purchase order as the contracting agency may
direct,as a means of enforcing such provisions,including sanctions for non-compliance;provided,however,that in the event the contractor becomes involved
in,or is threatened with,litigation,with the subcontractor or vendor as a result of such direction by the contracting agency,the contractor may request the State
of Colorado to enter into such litigation to protect the interest of the State of Colorado.
COLORADO LABOR PREFERENCE
6a. Provisions of CRS 8-17-101&102 for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereunder
and are financed in whole or in part by State funds.
b. When a construction contract for a public project is to be awarded to a bidder,a resident bidder shall be allowed a preference against a non-resident bidder
from a state or foreign country equal to the preference given or required by the state or foreign country in which the non-resident bidder is a resident. If it is
determined by the officer responsible for awarding the bid that compliance with the subsection.06 may cause denial of federal funds which would otherwise
be available or would otherwise be inconsistent with requirements of Federal law,this subsection shall be suspended,but only to the extent necessary to prevent
denial of the moneys or to eliminate the inconsistency with Federal requirements(CRS 8-19-101 and 102).
GENERAL
7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation,execution,and enforcement of this
contract Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extra judicial body or person
or which is otherwise in conflict with said laws,rules,and regulations shall be considered null and void. Nothing contained in any provision incorporated herein
by refarnce 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. 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.
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 debt or 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 18-8401,et seq.,(Abuse of Public Office),
and that no violation of such provisions is present.
II. 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. WELD CO A TH DEPARTM T
Contractor:Weld County Health Department State of Colorado
•
(FullLegalN ;,,,,ers ROY ROMER,GOVERNO JOHN S. PICKLE, M.S.E.H.
A _ DIRECTOR
By 6'�/7 ,r6/29/98) of
-
position(Title) Constance L. Harbert, Chair By
846000813 B aa�
Social Security Numbe s� ,`L ae u , Department
of PUBLIC HEALTH AND ENVIRONMENT
CI> n �
If Corporation,Town/a t,-Co 4t 7(t f' 0 � PROGRAM APPROVAL: /" —
Attest(A x Seal)
By
tincprortetkoretarzortcfrpi i ' jerk APPROVALS:
APPROVALS ...STA CONTROLLER
Gale A. Norton CLl'FO" W
ATTO El.:, E �,r y Generat CONTROLLER CL V 'L-I t
By By
e A.No E..,
James nt horn Clifford W.Hall
Assistant Attorney General
State Services Form 6-AC-02C(GEN060197) Revised 06/01/97 Page �eG
whicheaghi is the last of 8 pages
• EXHIBIT A
STATE OF COLORADO
Roy Romer,Governor
Patti Shwayder, Executive Director „4 3% �'z\
Dedicated to protecting and improving the health and environment of the people of Colorado h .w g
4300 Cherry Creek Dr.S. laboratory and Radiation Services Division �p .j
Denver, Colorado 80246-1530 8100 Lowry Blvd. t 1976.-
Phone(303)692-2000 Denver CO 80220-6928 "
Located in Glendale,Colorado (303)692-3090 Colorado Department
of Public Health
http://www.cdphe.state.co.us
and Environment
, 1998
State Fiscal Year 19 -_ Contract Routing Number
Change Order Letter No.
In accordance with Paragraph_of the contract with routing number and contract number , (as
amended by Change Order Letter routing number , and/or Renewal Letter routing number ),
hereinafter referred to as the Original Contract(copy attached and by this reference made a part hereof) between the
State of Colorado, Department of Public Health and Environment ( Division)and
, covering the period of , 199_through , 199 , the parties agree
that the maximum amount payable by the State for the eligible services in Paragraph _of the Original Contract is
being increased/decreased by DOLLARS ($ )to a new total of
DOLLARS ($ ). The first sentence in Paragraph 2. of the Original Contract is hereby
modified accordingly. All other terms of conditions of the Original Contract are hereby reaffirmed.
This amendment to the Original Contract is intended to be effective as of , 199_, but in no event shall
it be deemed valid until it shall have been approved by the State Controller or such assistant as he may designate.
Please sign, date and return all_originals of this letter as soon as possible to:
Sharon Michael, Diabetes Control Program
Colorado Department of Public Health and Environment
Mail Code: EMSPD-DC-A5
4300 Cherry Creek Drive South
Denver, Colorado 80246-1530
One original of this letter will be returned to you when fully approved.
Contractor: State of Colorado:
Full Contractor Name Roy Romer, Governor
By:
Signature
By:
Print Name: For the Executive Director
Colorado Department of Public Health
Title: and Environment
APPROVALS: APPROVALS:
PROGRAM CONTROLLER
By: By:
Clifford W. Hall
mEmoRAnDum
VI CConstance L. Harbert, Chair
To Board of County Commissioners Date June 25, 1
COLORADO
From John Pickle, Director, Health Depart nt
Subject:
Diabetes Control Program 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 diabetes control
activities.
Under the terms of this contract, the Health Department will provide the following services:
I. Coordinate the activities of a community-based coalition in the county.
2. Develop and maintain large print English and Spanish books and audio tapes in the
two local libraries.
3. Participate in at least two local health fairs.
4. Coordinate at least one diabetes training for home health, doctors offices, and public
health nurses to educate them on diabetes.
5. Perform approximately 15-20 glucose screenings at senior nutrition sites in Weld
County.
6. Coordinate the local diabetes support group by locating speakers and obtaining
pharmaceutical support.
For these services, the Health Department will be paid a sum not to exceed $5,000 for the time
period July 1, 1998 through June 30, 1999.
I recommend your approval.
Enc.
981110
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