HomeMy WebLinkAbout991193.tiff RESOLUTION
RE: APPROVE CONTRACT FOR COLORADO WOMEN'S CANCER CONTROL
INITIATIVE AND AUTHORIZE CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute arid 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 Colorado VVomen's
Cancer Control Initiative 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 Department of
Public Health and Environment, and the Colorado Department of Public Health and
Environment, commencing August 15, 1999, and ending August 14, 2000, 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 Colorado Women's Cancer Control Initiative
between the Count'/ of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Weld County Department of Public Health and
Environment, 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 7th day of July, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
WEED OUNTY,`A7 COLORADO
ATTEST: /Or
Dale K. Hall, Chair
Weld County Clerk to li 88 :5)) 0 !-///
4J�ilv/P .1 / 4l.L /
, Barbara J. Kirkmeyer, Pro-Tem ,
BY: -:/ •
�I Deputy Clerk to the B•=� EXCUSED
George E. ter
APPRO D SX TC) FORM: 7&9 /Liz/
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M. J. Ci e
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991193
CI : HL HL0025
APPROVED WAIVER FORM CONTRACT Department or Agency Name
Colorado Women's Cancer Control Initiative COLORADO DEPARTMENT OF
PUBLIC HEALTH AND ENVIRONMENT
Department or Agency Number
FLA
Contract Routing Number
0000062
CONTRACT
This CONTRACT is made this 30TH day of JULY, 1999,by and between: the State of Colorado, for
the use and benefit of the DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT,whose
address or principal place of business is 4300 Cherry Creek Drive South,Denver, Colorado 80246,
hereinafter referred to as "the State"; and,WELD COUNTY DEPARTMENT OF HEALTH,whose
address or principal place of business is 1555 N. 17th Avenue, Greeley, CO 80631, hereinafter
referred to as "the Contractor".
WHEREAS, as to the State,authority exists in the Law and Funds have been budgeted, appropriated and
otherwise made available and a sufficient uncommitted balance thereof remains available for subsequent
encumbering and payment of this Contract in Fund Number 100, Appropriation Account 773, and
Organization Code 7340,under Contract Encumbrance Number FLA PPG0000062;
WHEREAS, the State has entered into a Cooperative Agreement with the Centers for Disease Control
and Prevention (CDC P) for a project entitled the "Colorado Women's Cancer Control Initiative"
(CWCCI)to provide breast cancer screening, cervical cancer screening,and diagnostic services;
WHEREAS, the intent of the Cooperative Agreement is to increase screening and diagnosis among low
income older women who are uninsured and under insured including those who are racial, ethnic,and
cultural minorities, such as American Indians, African Americans,Hispanics,Asian/Pacific Islanders,
Lesbians,women with disabilities, and women who live in hard to reach communities in urban and rural
areas;
WI FREAS, as of the effective date of this Contract,the State has a currently valid Group II purchasing
delegation agreement with the Division of Purchasing within the Colorado Department of Personnel;
WHEREAS, this procurement is exempt from the Colorado Procurement Code and Rules because the
Contractor is a governmental entity or,this procurement is a Sole Source Procurement made in
accordance with the provisions of section 24-103-205, 10 C.R.S., as amended, and Procurement Rule
R-24-103-205-01;
WHEREAS,the State deems the Contractor to be an appropriate entity to satisfactorily and timely
perform the requirements of the CWCCI as more fully described below; and,
•
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WHEREAS, all required approvals, clearances, and coordination have been accomplished from and with
all appropriate agencies.
NOW THEREFORE, in consideration of their mutual promises to each other,hereinafter stated,the
parties hereto agree as follows:
A. EFFECTIVE DATE AND TERM. The effective date of this Contract is August 15 1999,or
on the date this Contract is approved by the State Controller, whichever is later. The initial term
of this Contract shall commence on August 15. 1999, and continue through and including
August 14,2000.
B„ DUTIES AND OBLIGATIONS OF THE CONTRACTOR.
1. The Contractor shall provide, in a timely and satisfactory manner, the services described
in the attached Statement of Work(SoW), which is incorporated herein by this reference,
made a part hereof, and attached hereto as "Attachment A".
2. The Contractor shall provide all matching funds information which is required to
maintain the covenants of the federal grant from the CDC. The CWCCI shall request
this information not less than twice per year. The matching funds shall normally be of
an in-kind nature.
3. The administrators of the CWCCI shall have the authority to conduct annual program
performance reviews or audits of all services provided by the Contractor under this
Contract. Administrative and clinical records of patients receiving services from the
Contractor under this Contract shall be made available to the State's reviewers for this
purpose.
4. By this Contract,the Contractor hereby acknowledges, to the best of its knowledge and
belief, that:
A. No Federal appropriated funds have been paid or will be paid,by or on behalf of
the Contractor,to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract,the making of any Federal grant,the
making of any Federal loan,the entering into of any cooperative agreement, and
the extension, continuation,renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.
B. If any funds other than Federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with a Federal contract, grant,
loan, or cooperative agreement,then the Contractor shall complete and submit
Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with
its instructions.
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C. The Contractor shall require that the language of this certification be included in
the award documents for all subawards at all tiers(including subcontracts,
subgrants, and contracts under grants, loans and cooperative agreements) and
that all subrecipients shall certify and disclose accordingly.
C. DUTIES AN])OBLIGATIONS OF THE STATE.
1. Payment pursuant to this Contract shall be made as earned, in whole or in part, from
available federal funds encumbered for the purchase of eligible health services from
Service Providers under this Contract.
2. It is further understood and agreed that the maximum amount of funds available for the
period of 15 August, 1999 through 14 August.2000 for the purchase of breast and
cervical cancer screening and diagnostic services is One Million Eight-Hundred
Twenty-Eight Thousand,Three Dollars($1,828,0031. The liability of the State, at any
time, for such payments shall be limited to the remaining unencumbered amount of such
funds.
3. Reimbursement rates for those services provided by the Contractor under this Contract
are listed in: the Schedule of Services (SoS), which is incorporated herein by this
reference,made a part hereof, and attached hereto as "Attachment B"; and, the attached
SoW. Payment shall be made by the State based on the Contractor's submission of the
required CWCCI forms indicating that services were rendered with the necessary results
indicated. Monthly reports shall be generated from the Fiscal Management System. The
first report shall indicate the total amount of services rendered by procedure. The second
repor:shall provide specific details on the women served and the procedures performed.
The State shall monitor statewide activity to ensure that the total funding available is not
exceeded and that the Contractor shall receive full payment for all services timely and
satisfactorily rendered by the Contractor which are reimbursable under this Contract.
Additional covenants covering payments made under this Contract are as follows:
A. In accordance with Public Law 101-354,patient charges for services provided by
the Contractor shall be made according to a schedule of charges that is made
available to the public,and is adjusted to reflect the income of the women
involved. No patient charges shall be imposed on any woman who has an income
of 200%or less of the federal poverty line as shown in the "Poverty Guidelines",
which is incorporated herein by this reference,made a part hereof, and attached
hereto as "Attachment C".
B. Any income generated or received by the Contractor, e.g., donations, shall be
used by the Contractor for cancer prevention and control purposes which further
the objectives of the legislation under which this Contract is made.
C. Medicare rates, which are changed on an annual basis, shall be used to establish
the reimbursement rates for breast and cervical cancer screening and diagnostic
services. The current year's rates are the rates which are contained in the attached
SoS.
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D. 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 PAIL/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/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.
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
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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. 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-I02 or A-t 10,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-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).
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 1254.9,including,
Debarment and Suspension and Participants'Responsibilities,29 C.F.R.98.510(1990).
C. The Contractor agrees to 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).
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S. 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.he 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.
I L 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-I33(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),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-I 22(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).
13. The Contractor shall grant to 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.
14. 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.
15. 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
propery 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 necessary to resolve any pending matters,including,but not limited to,audits performed by the federal
government.
16. The Contractor authorizes the State,or its authorized agents or designees,to perform audits or make inspections of its
record;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
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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. -
17. 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 a.;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.
18. 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.
19. 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
authorise others to use,the copyrightable material for any purpose authorized by the Copyright Law of the United States
as now DT hereinafter enacted. Upon the written request of the Contractor shall provide the State with three(3)copies of
all such copyrightable material.
20. 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 parties with assisting
in the publication of any materials produced under this Contract.
21. 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.
22. 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
Goverr mental Immunity Act,section 24-10-101 et sue,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.
23. 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.
24. 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 o-provision of this Contract or,as a waiver of a breach of the same term or provision upon subsequent breach.
25. 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.
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26. 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.
27. 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.
28. 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.
29. 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.
30. 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,tights,benefits,protections,or other
provisions of the Colorado Govemmental Immunity Act(CGIA),section 24-10-101,et seg_,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 sue,C.R.S.,as now or hereafter amended.
31. 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.
32. The parties hereto agree that venue for any action related to this Contract shall be in the City and County of Denver,
Colorado.
33. 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 terns and conditions of this Contract shall control. The list of attachments to this Contract are as follows:
Attachment A-Scope of Work
Attachment B-Schedule of Services
Attachment C-United States Department of Health and Human Services Poverty Guidelines
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 8 of 11
E. SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
I. This cor tract 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. Financiz.l 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 constriction,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 Oppertunity 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 advertisements;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 origim,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.
Page 9 of 11
(d) The contractor and labor unions will furnish all information and reports required by Executive Order,Equal Opportunity
and Affirmative Action of April 16,1975,and by the rules,regulations and Orders of the Governor,or pursuant thereto,and will
permit access to his books,records,and accounts by the contracting agency and the office of the Governor or his designee for
purposes of investigation to ascertain compliance with such rules,regulations and orders. -
(e) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor
organization,or expel any such individual from membership in such labor organization or discriminate against any of its members in
the full enjoyment of work opportunity because of race,creed,color,sex,national origin,or ancestry.
(f) A labor organization,or the employees or members thereof will not aid,abet,incite,compel or coerce the doing of any act
defined in this contract to be discriminatory or obstruct or prevent any person from complying with the provisions of this contract or
any order issued thereunder;or attempt,either directly or indirectly,to commit any act defined in this contract to be discriminatory.
(g) In the event of the contractor's non-compliance with the non-discrimination clauses of this 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 O pportunity and
Affirmative Action of April 16,1975 and the rules,regulations,or orders promulgated in accordance therewith,and such other
sanctions as may be imposed and remedies as may be invoked as provided in Executive Order,Equal Opportunity and Affirmative
Action of April 16, 1975,or by rules,regulations,or orders promulgated in accordance therewith,or as otherwise provided by law.
(h) The contractor will include the provisions of paragraphs(a)through(h)in every sub-contract and subcontractor purchase
order unless exempted by rules,regulations,or orders issued pursuant to Executive Order,Equal Opportunity and Affirmative Action
of April 16,1975,so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action
with respect to any sub-contracting or purchase order as the contracting agency may direct,as a means of enforcing such provisions,
including sanctions for non-compliance;provided,however,that in the event the contractor becomes involved in,or is threatened
with,litigation,with the subcontractor or vendor as a result of such direction by the contracting agency,the contractor may request
the State of Colorado to enter into such litigation to protect the interest of the State of Colorado.
COLORADO LABOR PREFERENCE
6a. Provisions of CRS 8-17-I01 & 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 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 debt of 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.
Page 10 of 11
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: Weld Count Board of Commissioners State of Colorado
(Full L al e) O TY EPARTMENT OF HEALTH BILL OWENS, GOVERNOR
By
Dale K. Hall (07/ 7/99)
Position(Title) Chair By c —
846000813
Social Security Number or Federal I.D.Number Department of
PUBLIC HEALTH AND ENVIRONMENT
If oratio , ' wn/ ty/ qugty,or Equivalent: /�/
�' t fL° C37 PROGRAM APPROVAL: 1/// d'Y"—
P,[test(Affix eal � � �`V' l.Ca(�
By O_: r:A _ � - ,.
Irirmlvaln[t;Cl4rem,.��1"'�S�•r a I
eputy clerk to the Boar' '
P':/ALS:
ATTORNEY GENERAL ®CU 14J CONTROLLER
By By
WELD COUN T EPA if
BY:
N . ICKLE, M.S.E.H.
DIRECTOR
Page 11 of 11
ATTACHMENT A
STATEMENT OF WORK
Contract dated July 30, 1999, between the Department of Public Health and Environment,
hereinafter referred to as State,
and WELD COUNTY DEPARTMENT OF HEALTH, herein after referred to as Contractor
1. The Contractor shall provide breast and cervical cancer screening and diagnostic services
for all identified eligible women age 40 years and older as per the Schedule of Services, which
is attached hereto as Attachment B and incorporated herein by this reference.
2. The Contractor agrees to seek reimbursement for all allowable screening and diagnostic
services only for those women who meet the following eligibility criteria:
A. Live in Colorado; or, live in a state bordering Colorado and receive breast/cervical
health care in Colorado;
B. Have family income at or below 200% of the federal poverty guidelines as per the
1999-2000 U.S. Dept. Of Health&Human Services Poverty Guidelines,which is attached
hereto as Attachment C and incorporated herein by this reference; and, as verified by
appropriate documentation from the woman to assure her income qualifies her for the
program;
C. Not have health insurance that would cover these services (women with Medicare-Part
B coverage are not eligible for these services); and
D. Not have had a mammogram or Pap test in the past 12 months.
3. The Contractor agrees to utilize the following guidelines as the standard for breast and
cervical cancer screening, rescreening and diagnostic services:
A. Breast Cancer Screening
An annual clinical breast examination for women age 40 years and older.
Annual screening mammograms shall be targeted to women age 50 years and older.
At least 75% of the women enrolled for mammography in the CWCCI shall be age
50 years and older. Women age 40-49 years shall not exceed 25% of the women
enrolled for mammography.
For women. age 40-49 years, priority for mammography shall be given to those
women who have any of the following risk factors:
Page 1 of 5
1) A first degree relative (mother, sister, daughter) who developed breast
cancer prior to age 50 years.
2) Two or more first degree relatives(mother,sister,daughter) who developed
breast cancer at any age.
3) A personal history of breast cancer.
4) A clinical breast examination symptomatic for cancer.
Contractors are required to use the Assessment and Management of Breast Complaints
and the CWCCI Breast Imaging Algorithm as guidelines for following women with
breast abnormalities. These guidelines are attached hereto as Attachments Al and A2 and
incorporated herein by this reference. Also, CWCCI Contractors are required to use the
"Evaluation of Common Breast Problems: A Primer for Primary Care Providers" as a
guide for following women with breast abnormalities.
B. Cervical Cancer Screening
An annual Pap test and pelvic examination for women with an intact cervix who are age
40 years and older. After three or more consecutive annual satisfactory normal Pap tests,
the interval can be increased to every three years at the discretion of the provider.
Contractors are required to use the American College of Obstetricians and Gynecologists
(ACOG) Technical Bulletin #183, August 1993, "Cervical Cytology: Evaluation and
Management of Abnormalities" and the Journal of the American Medical Association
(JAMA 1994; 271; 1866-9) article "Interim Guidelines for the Management of Abnormal
Cervical Cytology" as a guide for following women with cervical abnormalities.
C. Rescreening Services
Contractors are required to counsel all women about the purpose of breast and cervical
cancer screening and the recommended rescreen intervals when they enter the program.
The counseling shall emphasize that rescreening can lead to reduced mortality.
Contractors are required to establish and maintain a system for notifying women when they
are eligible for a breast and cervical cancer rescreen examination.
Priority for breast and cervical cancer screening shall be given to women previously
screened through the CWCCI.
D. Diagnostic Services Reimbursed through CWCCI
Contractors are required to provide all reimbursable diagnostic services directly or
develop agreements with other providers to offer these services.
Page 2 of 5
Only women screened through the CWCCI shall be eligible for reimbursable diagnostic
services.
All reimbursed diagnostic services shall be performed in an out-patient setting.
E. Diagnostic and Treatment Services Not Reimbursable through CWCCI
The Contractor agrees to identify available sources of diagnostic and treatment services
not reimbursed through this Contract and to refer all women with abnormal findings who
require these services to appropriate medical practitioners for prompt diagnosis, evaluation
and treatment.
F. The Contractor agrees to accept CWCCI reimbursement for allowable screening and
diagnostic services (as per the Schedule of Services)as payment in full for those services.
The Contractor shall not bill a woman for the difference between their normal billing
charge and the CWCCI reimbursement rate.
G. The Contractor agrees that only qualified personnel who are licensed or certified
professionals shall conduct medical examinations,operate the equipment, conduct the tests
and interpret the results. Medical personnel performing the clinical breast examinations
shall be physicians, nurse practitioners, physician assistants or nurse midwives or be
deemed qualified by the Contractor's Medical Director and have received formal training
to perform the clinical services.
H. Cytology laboratories shall comply with the federal Clinical Laboratory Improvement
Act of 1988 (CLIA-88).
I. Mammography centers shall be certified by the Food and Drug Administration (FDA)
and comply with the Mammography Quality Standards Act of 1992.
4. The Contractor shall notify the CWCCI when it enters into agreements with or changes
providers of mammography and cytology laboratory services.
5. The Contractor agrees to provide culturally sensitive services to the target priority
populations as defined by the program: uninsured and under-insured older women who are racial,
ethnic and cultural minorities, such as American Indians, African Americans, Hispanics,
Asian/Pacific Islanders; and Lesbians; and women with disabilities; and women who live in hard
to reach communities in urban and rural areas.
6. The Contractor agrees to provide data on the program designated forms to the CWCCI
including total number of women screened for breast and cervical cancer, clinical results of all
exams, and results from tracking and follow-up for symptomatic women or those with a screen
detected abnormality. This data shall be integrated into the Service Delivery System, Tracking
Page 3 of 5
and Follow-up System, Case Compliance Summary system, and the Fiscal Management System
that are maintained by the CWCCI.
7. Funding for a Case Manager is provided in the Schedule of Services. This funding is to
facilitate case enrollment, data completion, and data submission to the CWCCI. This funding is
$50 per case annually and is based upon consistent adherence to the following standards of
performance by the Contractor. Failure to accept funding for the Case Manager does not exempt
the Contractor from meeting these compliance standards.
A. Case Enrollment Forms (Personal History Form and Consent and Release of
Medical Information) shall be submitted to the CWCCI for 90% or more of the cases
within 60 days of the date of the most recent service performed and shall be submitted
with essential information properly completed in 90% or more of the cases.
B. Mammogram results shall be submitted to the CWCCI in 90% or more of the cases
within 60 days of the service being provided and shall have the essential information
reported properly and accurately in 90% or more of the cases submitted. This information
shall be submitted on the CWCCI designated form completed by mammography centers
which includes all required data elements.
C. Cases involving screen-detected breast or cervical abnormalities shall have
diagnostic follow-up information including planned follow-up procedures provided on the
Breast and Cervical Diagnostic Follow-up Report forms to the CWCCI in 90% or more
of the cases within 60 days from the date of detection of the abnormality and shall be
submitted with essential information properly completed in 90% or more of the cases. This
follow-up includes women who are referred to outside health care providers for diagnostic
procedures.
D. Women with screening abnormalities shall be required to have either completed
diagnostic follow-up or have documentation of lost to follow-up submitted to the CWCCI
on every case (100%). A copy of the documented follow-up efforts shall be submitted to
the CWCCI with the appropriate diagnostic follow-up form. The minimum follow-up
effort accepted shall be one certified letter, but also could include telephone and
regular mail contacts.
E. Planned diagnostic follow-up procedures shall be completed and submitted to the
CWCCI in 90% of the cases within 60 days of the planned date. The completed procedure
does not have to be the same as the one planned, but follow-up shall be completed in the
recommended time frame to allow for continuity of care.
F. Women with cervical abnormalities of CIN II or more severe, or a breast
malignancy shall have completed or initiated treatment information submitted to the
program in 90% of the cases within 60 days following the date of diagnosis and shall be
Page 4 of 5
considered lost to follow-up in 10% or less of cases. A copy of the documented follow-
up efforts shall be submitted to the CWCCI with the appropriate diagnostic follow-
up/treatment. form. The minimum follow-up effort accepted shall be one certified letter
with documented patient receipt,but also could include telephone and regular mail contacts
which shall be documented and submitted to the CWCCI on the follow-up form.
G. The Contractor shall assure that women receive appropriate diagnosis and treatment
for abnormal findings. The Contractor agrees to perform all necessary tracking:of women
with abnormal findings, and report all diagnostic and treatment services provided to such
women to the CWCCI unless the women are lost to follow-up. Adequate tracking includes
documentation that a certified letter was sent and received by the woman in need of further
care, or returned due to lack of a forwarding address.
H. The CWCCI computer generated breast and cervical follow-up forms shall be
accurately completed and submitted for 90% or more of the cases within 60 days of the
date of form production.
Payment for the Case Manager fee is predicated on the Contractor's continued compliance with
the above standards. Any of the above standards on which there has been non-compliance shall
require the Contractor to develop, submit and adhere to a remediation plan and bring the
standard(s) into compliance within thirty days. More than two breaches of compliance regardless
of remediation, or any one without an approved remediation plan within thirty days during the
term of this Contract may result in cessation of funding for the Case Manager or termination of
the Contract for default without liability of any kind to the State.
8. The Contractor agrees to send at least one agency representative to the mandatory annual
Service Provider meeting.
•
Page 5 of 5
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Attachment B
SCHEDULE OF SERVICES
Fiscal Year 2000
SCREENING REIMBURSEMENT
RATE
Mammogram $ 66.22
Clinical Breast Exam $ 30.31
Pelvic Exam $ 30.31
Pap Lab (by Cytotech) $ 7.15
DIAGNOSTIC
Repeat Clinical Breast Exam $ 30.31
Surgical/Medical Consultation $ 82.06
Diagnostic Mammogram $ 77.91
Repeat Mammogram $ 66.22
Breast Ultrasound $ 65.36
Fine Needle Aspiration(FNA) $ 209.04
U/S Guided FNA, $ 335.90
Stereotactic Core Biopsy $631.09!
Ultrasound Guided Core Biopsy $ 357.86
Excisional Biopsy $ 553.44
Repeat Pelvic Exam $ 30.31
Repeat Pap Lab $ 7.15
Colposcopy $ 49.02
Colposcopy with Biopsy $ 132.60
Tracking and Follow-up @ 15% of total services provided monthly
Travel Allowances at 1% of the total services provided monthly
Case Manager at $50.00 per new screen
h:/sd/reimb99.tbl
Attachment C
1999 - 2000 U. S. DEPT. OF HEALTH & HUMAN SERVICES
POVERTY GUIDELINES
HOUSEHOLD 200% POVERTY
Size* Annual Monthly
1 $16,480 $1373
2 $22,120 $1843
3 $27,760 $2313
4 $33,400 $2783
5 $39,040 $3253
6 $44,680 $3723
7 $50,320 $4193
8 $55,960 $4663
* As defined by the Bureau of the Census for statistical purposes, a household consists of
all the persons who occupy a housing unit(house or apartment),whether they are related
to each other or not. If a family and an unrelated individual, or two unrelated individuals,
are living in the same housing unit, they would constitute two family units,but only one
household.
j:\sd\pov99.tbl
C:. � !
COLORADO MEMORANDUM
TO: Dale K. Hall, Chairman, Board of County Commissioners
FROM: John S. Pickle, Director, Department of Public Health and
Environment
DATE: July 1, 1999
SUBJECT: Colorado Women's Cancer Control Initiative Contract
Enclosed for Board review and approval is a contract between Weld County Department of
Public Health and Environment (WCDPHE) and the Colorado Department of Public Health and
Environment for breast and cervical cancer screening and diagnostic services for women aged 40
and over.
Again this year, the State has received excess funding for this program. Therefore, there is no
limit to the number of screenings we may perform and be reimbursed for as long as the women
meet the eligibility guidelines.
The term of this contract is from August 15, 1999 through August 14, 2000. I recommend your
approval.
Enc.
991193
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