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Home My WebLink About992272.tiff RESOLUTION RE: APPROVE CONTRACT FOR TOBACCO USE AND PREVENTION AND CONTROL PROGRAM AND AUTHORIZE CHAIR TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Contract for the Tobacco Use and Prevention and Control Program 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 September 29, 1999, and ending May 31, 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 Tobacco Use and Prevention and Control Program 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 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 13th day of September, A.D., 1999. BOARD OF COUNTY COMMISSIONERS COUNTY, C ORADO ATTES : p ) / Dale K. Hall, Chair d e rA �3 fit• the Board g :•, EXCUSED . 1861 / '�;• � ' Barbargn J. Kirkmeyer, Pro-Tem u I e Board f f . #1). #1) �, ,; George E. xter APPROVEVAS YO FORM: // W r. M. J. Geile C ty Attorney EXCUSED ✓ Glenn Vaad 992272 f/L— HL0025 0025 C. J COLORADO MEMORANDUM TO: Dale K. Hall, Chairman, Board of County Commissioners FROM: John S. Pickle, Director, Department of Public Health and Environment ..D ej DATE: September 2, 1999 SUBJECT: ASSIST Project Contract Enclosed for Board review and approval is a contract between the Colorado Department of Public Health and Environment and Weld County Department of Public Health and Environment (WCDPHE) for implementation of the local Tobacco-Free Weld County Project. According to the scope of work for the contract, WCDPHE will provide the following services: 1. Initiate the development of a local five-year tobacco control plan. 2. Enhance the ability of the local coalition to assure leadership in local tobacco control activities. 3. Reduce exposure to environmental tobacco smoke by increasing the number of smoke- free restaurants and assuring compliance with the Tobacco Free Schools law. 4. Promote tobacco cessation among adults and youth. 5. Identify unmet needs in tobacco prevention/reduction within the Hispanic population. For these services, the Health Department will be paid a sum not to exceed $23,999.70. The term of this contract is from September 29, 1999 through May 31, 2000. I recommend your approval of this contract. Enc. 992272 COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT Department or Agency Number FLA Contract Routing Number 00-00118 CONTRACT This CONTRACT is made this 29'" day of September, 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 HEALTH DEPARTMENT,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 Number 7370,under Encumbrance Number FLA PPG0000118; and WHEREAS,tobacco use is the leading cause of premature death and disability in Colorado;and WHEREAS,the State of Colorado and the Division of EMS and Prevention Programs,Tobacco Use Prevention and Reduction Program,Colorado Department of Public Health and Environment has received funding from the Centers for Disease Control to implement a comprehensive state-based tobacco use and prevention and control program;and WHEREAS, as of the made 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; and WHEREAS, section 29-1-201, 8 C.R.S.,as amended, encourages governments to make the most efficient and effective use of their powers and responsibilities by cooperating and contracting with each other to the fullest extent possible to provide any function, service, or facility lawfully authorized to each of the cooperating or contracting entities,and to this end all State contracts with its political subdivisions are exempt from the State's personnel rules and the State procurement code; and Page 1 of 16 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, stated below,the parties hereto agree as follows: A. EFFECTIVE DATE AND TERM. The effective date of this Contract is September 29, 1999 or on the date the State Controller approves this Contract,whichever is later. The initial term of this Contract shall commence on September 29,1999 and continue through and including May 31,2000,unless sooner terminated by the parties pursuant to the terms and conditions of this Contract. The total term of this Contract, including any extensions or renewals hereof,may not exceed five(5)years. B. DUTIES AND OBLIGATIONS OF THE CONTRACTOR. The Contractor agrees to: 1. Provide the services set forth in the Workplan which is incorporated herein by this reference, made a part hereof,and attached hereto as"Attachment A": 2. Within 15 days following the month during which services were rendered, submit monthly reports describing the progress accomplished. A copy of the reporting format will be developed by the State and provided to Contractors no later than October 15, 1999. Copies of documentation described in the Progress Measures section of the Workplan shall be maintained by the Contractor and be submitted or made available to the State upon request. 3. Participate in monthly conference calls and two meetings/trainings in Denver of Field Coordinators conducting these activities throughout Colorado. 4. Notify the State in writing within 15 days of the Contractor's notification of changes in the Field Coordinator position. The State Program Manager shall be provided a copy of the proposed candidate's resume prior to any Contractor filling a vacant Field Coordinator's position. C. DUTIES AND OBLIGATIONS OF THE STATE 1. Schedule and originate monthly conference call for the Field Coordinators. Convene and schedule two meetings/training in Denver of the Tobacco Use prevention and Reduction Field Coordinators. 2. Provide training and technical assistance to the Contractor's personnel in conducting these activities. 3. The State shall,in consideration of those services satisfactorily and timely performed by the Contractor under this Contract,cause to be paid to the Contractor a sum not to exceed TWENTY- THREE THOUSAND NINE HUNDRED NINETY-NINE DOLLARS AND SEVENTY CENTS,($23,999.70)for the initial term of this Contract. Of the total financial obligation of the State referenced above, $23,999.70 are identified as attributable to a funding source of the United States government and, $0 are identified as attributable to a funding source of the State of Colorado. Page 2 of 16 4. To receive compensation under this Contract,the Contractor shall submit a signed monthly billing statement, an example of which is incorporated herein by reference,made a part hereof,and attached hereto as"Attachment B",within sixty(60)calendar days of the end of the billing period for which services were rendered. Expenditures shall be in accordance with those items identified in Attachment A. Billing statements shall: reference this Contract by its contract number,which number is located on page one of this document;state the applicable performance dates,the names of payees; a brief description of the services performed during the relevant performance dates; actual expenditures incurred by line item; and,the total reimbursement requested. Reimbursement during the initial, and any renewal term of this Contract shall be conditioned upon affirmation by the State that all services were rendered by the Contractor in accordance with the terms of this Contract. Billing statements shall be sent to: Karen DeLeeuw,Program Manager Tobacco Use Prevention and Reduction Program EMSP-ASSIS-A5 Colorado Department of Public Health and Environment 4300 Cherry Creek Drive South,Denver,CO 80246 5. The budget included with Workplan Attachment A shall govern the expenditure of funds by the contractor as well as the subsequent reimbursement by the State. The Contractor has the authority to transfer funds between specific line items within the Program Supplies and Expenses category without prior approval. Up to 10%of the total funds originally budgeted in the Personnel, Program Supplies and Expenses, and Travel categories may be rebudgeted into other categories without prior approval by the State. Transfers exceeding 10%of the funds in that category require prior written approval by the State. In all instances, a revised budget showing the original amounts,modifications made and new amounts must be submitted within 30 days of the modification(s). 6. The State may prospectively increase or decrease the amount payable under this Contract through a"Change Order Letter",a sample of which is incorporated herein by this reference,made a part hereof, and attached hereto as"Attachment C". To be effective,the Change Order Letter must be: signed by the State and the Contractor;and, approved by the State Controller or an authorized designee thereof. Additionally,the Change Order Letter shall include the following information: A. Identification of this Contract by its contract number and affected paragraph number(s); B. The type(s)of service(s)or program(s)increased or decreased and the new level of each service or program; C. The amount of the increase or decrease in the level of funding for each service or program and the new total financial obligation; D. The intended effective date of the funding change;and, E. A provision stating that the Change Order Letter shall not be valid until approved by the State Controller or such assistant as he may designate. Page 3 of 16 Upon proper execution and approval,the Change Order Letter shall become an amendment to this Contract. Except for the General and Special Provisions of this Contract,the Change Order Letter shall supersede this Contract in the event of a conflict between the two. It is expressly understood and agreed to by the parties that the change order letter process may be used only for increased or decreased levels of funding, corresponding adjustments to service or program levels,and any related budget line items. Any other changes to this Contract,other than those authorized by the contract renewal letter process described below, shall be made by a formal amendment to this Contract executed in accordance with the Fiscal Rules of the State of Colorado. If the Contractor agrees to and accepts the proposed change,then the Contractor shall execute and return the Change Order Letter to the State by the date indicated in the Change Order Letter. If the Contractor does not agree to and accept the proposed change, or fails to timely return the partially executed Change Order Letter by the date indicated in the Change Order Letter,then the State may,upon written notice to the Contractor,terminate this Contract twenty(20)calendar days after the return date indicated in the Change Order Letter has passed. Such written notice shall specify the effective date of termination of this Contract. In the event of termination under this clause,the parties shall not be relieved of their respective duties and obligations under this Contract until the effective date of termination has occurred. Increases or decreases in the level of contractual funding made through this change order letter process during the initial or renewal terms of this Contract may be made under the following circumstances: F. If necessary to fully utilize appropriations of the State of Colorado and/or non- appropriated federal grant awards; G. Adjustments to reflect current year expenditures; H. Supplemental appropriations,or non-appropriated federal funding changes resulting in an increase or decrease in the amounts originally budgeted and available for the purposes of this Contract; I. Closure of programs and/or termination of related contracts; J. Delay or difficulty in implementing new programs or services; and, K. Other special circumstances as deemed appropriate by the State. 7. The State may renew this Contract through a"Contract Renewal Letter",a sample of which is incorporated herein by this reference,made a part hereof,and attached hereto as"Attachment D". To be effective,the Contract Renewal Letter must be: signed by the State and the Contractor; and, approved by the State Controller or an authorized designee thereof. Additionally,the Contract Renewal Letter shall include the following information: A. Identification of this Contract by its contract number and affected paragraph number(s); Page 4 of 16 B. The type(s)of service(s)or program(s),if any, increased or decreased and the new level of each service or program for the renewal term; C. The amount of the increase or decrease,if any, in the level of funding for each service or program and the new total financial obligation; D. The intended effective date of the renewal; and, E. A provision stating that the Contract Renewal Letter shall not be valid until approved by the State Controller or such assistant as he may designate. Upon proper execution and approval,the Contract Renewal Letter shall become an amendment to this Contract. Except for the General and Special Provisions of this Contract, the Contract Renewal Letter shall supersede this Contract in the event of a conflict between the two. It is expressly understood and agreed to by the parties that the contract renewal letter process may be used only to: renew this Contract;increase or decrease levels of funding related to that renewal; make corresponding adjustments to service or program levels,and adjust any related budget line items. Any other changes to this Contract,other than those authorized by the change order letter process described above,shall be made by a formal amendment to this Contract executed in accordance with the Fiscal Rules of the State of Colorado. If the Contractor agrees to and accepts the proposed renewal term,then the Contractor shall execute and return the Contract Renewal Letter to the State by the date indicated in the Contract Renewal Letter. If the Contractor does not agree to and accept the proposed renewal term, or fails to timely return the partially executed Contract Renewal Letter by the date indicated in the Contract Renewal Letter,then the State may,upon written notice to the Contractor,terminate this Contract twenty(20)calendar days after the return date indicated in the Contract Renewal Letter has passed. Such written notice shall specify the effective date of termination of this Contract. In the event of termination under this clause,the parties shall not be relieved of their respective duties and obligations under this Contract until the effective date of termination has occurred. 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 PAID PURSUANT TO THIS CONTRACT. THE CONTRACTOR Page 5of16 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 personallpurchased 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 unfmished 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. Page 6 of 16 5. The State may,when the interests of the State so require,terminate this Contract in whole or in part,for the convenience of the State. The State shall give written notice of such termination to the other party specifying the part(s)of the Contract terminated. Such written notice shall be given to the other party at least thirty(30)calendar days before the effective date of termination. If this Contract is terminated for convenience,then all finished or unfinished data,documents, drawings,evaluations,hardware,maps,models,negatives,photographs,reports, software,studies, surveys,or any other material,medium or information,however constituted,which has been or is to be produced or prepared by the Contractor under this Contract shall, at the option of the State, become the property of the State. The Contractor shall be entitled to receive just and equitable compensation for any services or supplies delivered to, and accepted by,the State. If applicable, the Contractor shall return any unearned advance payment it received under this Contract to the State. This paragraph in no way implies that a party has breached this Contract by the exercise of this paragraph. If this Contract is terminated by the State as provided for herein,then the Contractor shall be paid an amount equal to the percentage of services actually performed for,or goods actually delivered to,the State, less any payments already made by the State to the Contractor for those services or goods. 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. If this Contract involves federal funds,or compliance is otherwise federally mandated,then the Contractor shall comply with the requirements of the following: A. Office of Management and Budget Circulars A-87,A-21,or A-122, and A-102 or A-110, as applicable; B. the"Hatch Act"(5 U.S.C. 1501-1508)and Public Law 95-454, Section 4728. These federal statutes declare that federal funds cannot be used for partisan political purposes of any kind by any person or organization involved in the administration of federally-assisted programs; C. the"Davis-Bacon Act"(40 Stat. 1494,Mar. 3, 1921,Chap.411,40 U.S.C. 276A-276A-5). This Act requires that all laborers and mechanics employed by contractors or sub-contractors to work on construction projects financed by federal assistance must be paid wages not less than those established for the locality of the project by the Secretary of Labor; D. 42 U.S.C. 6101 et seq,42 U.S.C. 2000d,29 U.S.C. 794. These Acts mandate that no person shall,on the grounds of race, color,national origin,age,or handicap,be excluded from participation in or be subjected to discrimination in any program or activity funded, in whole or in part,by federal funds; Page 7of16 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). H. Section 2101 of the Federal Acquisition Streamlining Act of 1994,Public Law 103- 355,which prohibits the use of federal money to lobby the legislative body of a political subdivision of the State. 7. If this Contract involves federal funds,or compliance is otherwise federally mandated,then by signing and submitting this Contract,the Contractor affirmatively avers that: A. the Contractor is in compliance with the requirements of the"Drug-Free Workplace Act" (Public Law 100-690 Title V, Subtitle D,41 U.S.C. 701 et seq.); and, B. the Contractor hereby certifies that it is not presently debarred, suspended,proposed for debarment,declared ineligible,or voluntarily excluded from covered transactions by any federal department or agency. The Contractor agrees to comply with all applicable regulations pursuant to Executive Order 12549, including,Debarment and Suspension and Participants'Responsibilities, 29 C.F.R. 98.510(1990). C. the Contractor shall comply with all applicable regulations pursuant to Section 319 of Public Law 101-121, Guidance for New Restrictions on Lobbying,including, Certification and Disclosure,29 C.F.R.93.110(1990). 8. If this Contract involves the expenditure of federal or state funds,then this Contract is subject to, and contingent upon,the continued availability of those funds for payment pursuant to the terms of this Contract. If those funds,or any part thereof,become unavailable as determined by the State,then the State may immediately terminate this Contract. 9. To be considered for payment,billings for payments pursuant to this Contract must be received within a reasonable time after the period for which payment is requested;but in no event no later than ninety(90)calendar days after the relevant performance period has passed. Final billings under this Contract must be received by the State within a reasonable time after the expiration or termination of this Contract;but in no event no later than ninety(90)calendar days from the effective expiration or termination date of this Contract. 10. Unless otherwise provided for in this Contract, "Local Match"shall be included on all billing statements, in the column provided therefor,as required by the funding source. Page 8of16 11. The Contractor shall not use federal funds to satisfy federal cost sharing and matching requirements unless approved in writing by the appropriate federal agency. 12. In accordance with Office of Management and Budget(OMB)Circular A-133 (Audits of States, Local Governments,and Non-Profit Organizations), if the Contractor receives federal funds from any source,including State pass through money,in an aggregate amount in excess of $300,000.00(June 24, 1997), in a State fiscal year(July 1 through June 30),then the Contractor shall have an annual audit performed by an independent certified public accountant which meets the requirements of OMB Circular A-133. If the Contractor is required to submit an annual indirect cost proposal to the State for review and approval,then the Contractor's auditor shall audit the proposal in accordance with the requirements of OMB Circulars A-21 (Cost Principles for Educational Institutions),A-87(Cost Principles for State,Local and Tribal Governments), or A-122(Cost Principles for Non-Profit Organizations),whichever is applicable. The Contractor shall furnish one(1)copy of the audit report(s)to the State's Accounting Office within thirty(30) calendar days of issuance;but in no event later than nine(9)months after the end of the Contractor's fiscal year. If(an)instance(s)of noncompliance with federal laws and regulations occurs,then the Contractor shall take all appropriate corrective action(s)within six(6)months of the issuance of(a)report(s). The Contractor shall grant the State, or its authorized agents, access to the Contractor's relevant records and financial statements. The Contractor shall retain all such records and financial statements for a period of three(3)years after the date of issuance of a final audit report. This requirement is in addition to any other audit requirements contained in other paragraphs of this Contract. 13. 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 six(6)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 property of the State and shall be maintained by the Contractor, in a central location as custodian for the State,on behalf of the State, for a period of three(3)years from the date of final payment under this Contract,or for such further period as may be necessary to resolve any pending matters,including,but not limited to, audits performed by the federal government. Page 9 of 16 16. The Contractor authorizes the State,or its authorized agents or designees,to perform audits or make inspections of its records for the purpose of evaluating its performance under this Contract at any reasonable time during the term of this Contract and for a period of three(3)years following the termination of this Contract. As such,the Contractor shall permit the State,any appropriate federal agency or agencies, or any other duly authorized governmental agent or agency,to monitor all activities conducted by the Contractor pursuant to the terms of this Contract. Such monitoring may include,but is not limited to: internal evaluation procedures, examination of program data, special analyses, on-site checks, formal audit examinations,or any other reasonable procedures. All monitoring shall be performed by the State in such a manner that it shall not unduly interfere with the work of the Contractor. 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 as such laws and regulations apply to the State. Any breach of confidentiality by the Contractor or third party agents of the Contractor shall constitute good cause for the State to cancel this Contract,without liability to the State. Any State waiver of an alleged breach of confidentiality by the Contractor, or third party agents of the Contractor,does not constitute a waiver of any subsequent breach by the Contractor, or third party agents of the Contractor. 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 authorize others to use,the copyrightable material for any purpose authorized by the Copyright Law of the United States as now or hereinafter enacted. Upon the written request of the Contractor shall provide the State with three (3)copies of all such copyrightable material. 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. Page 10 of 16 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 Governmental Immunity Act, section 24-10-101 et seg., 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 or 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. 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,rights,benefits,protections,or other provisions of the Colorado Governmental Page 11 of 16 Immunity Act(CGIA), section 24-10-101,et seq.,C.R.S.,as now or hereafter amended. The parties understand and agree that liability for claims for injuries to persons or property arising out of the alleged negligence of the State of Colorado, its departments, institutions, agencies,boards, officials,and employees is controlled and limited by the provisions of section 24-10-101 et seq., C.R.S.,as now or hereafter amended. 31. Except for"public entities",which are described below, during the term of this Master Contract, and any renewal or extension thereof,the Contractor shall keep in force and effect a policy or policies of comprehensive general liability insurance,issued by a company authorized to do business in Colorado in an amount not less than$500,000 combined single limit for total injuries or damages arising from any one incident(for bodily injuries or damages). The Contractor shall provide the State with a certificate of insurance as evidence that such insurance coverage is in effect as of the effective date of this Contract. If the Contractor is a"public entity"within the meaning of the Colorado Governmental Immunity Act,C.R.S.24-10-101,et seq.,7 C.R.S.,as amended("Act"),then the Contractor shall at all times during the term of this Master Contract maintain such liability insurance,by commercial policy or self-insurance, as is necessary to meet its liabilities under the Act. The Contractor must provide the State with proof of such insurance. 32. 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. 33. The parties hereto agree that venue for any action related to this Contract shall be in the City and County of Denver,Colorado. 34. All attachments to this Contract are incorporated herein by this reference and made a part hereof as if fully set forth herein. In the event of any conflict or inconsistency between the terms of this Contract and those of any attachment to this Contract,the terms and conditions of this Contract shall control. 35. 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. E. SPECIAL PROVISIONS CONTROLLER'S APPROVAL 1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate. This provision is applicable to any contract involving the payment of money by the State. FUND AVAILABILITY 2. Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated,budgeted,and otherwise made available. Page 12 of 16 BOND REQUIREMENT 3. If this contract involves the payment of more than fifty thousand dollars for the construction, erection,repair,maintenance,or improvement of any building,road,bridge,viaduct,tunnel, excavation or other public work for this State,the contractor shall,before entering upon the performance of any such work included in this contract,duly execute and deliver to the State official who will sign the contract,a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one-half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate surety conditioned upon the faithful performance of the contract and in addition, shall provide that if the contractor or his subcontractors fail to duly pay for any labor,materials, team hire,sustenance, provisions,provender or other supplies used or consumed by such contractor or his subcontractor in performance of the work contracted to be done or fails to pay any person who supplies rental machinery,tools, or equipment in the prosecution of the work the surety will pay the same in an amount not exceeding the sum specified in the bond,together with interest at the rate of eight per cent per annum. Unless such bond is executed, delivered and filed,no claim in favor of the contractor arising under such contract shall be audited, allowed or paid. A certified or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance with CRS 38-26-106. INDEMNIFICATION 4. To the extent authorized by law,the contractor shall indemnify, save,and hold harmless the State, its employees and agents,against any and all claims, damages, liability and court awards including costs, expenses,and attorney fees incurred as a result of any act or omission by the contractor,or its employees, agents,subcontractors,or assignees pursuant to the terms of this contract. DISCRIMINATION AND AFFIRMATIVE ACTION 5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended,and other applicable law respecting discrimination and unfair employment practices(CRS 24-34-402),and as required by Executive Order,Equal Opportunity and Affirmative Action,dated April 16, 1975. Pursuant thereto, the following provisions shall be contained in all State contracts 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. Page 13 of 16 (b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race,creed,color,national origin, sex,marital status, religion,ancestry,mental or physical handicap,or age. (c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding,notice to be provided by the contracting officer,advising the labor union or workers'representative of the contractor's commitment under the Executive Order,Equal Opportunity and Affirmative Action,dated April 16, 1975,and of the rules,regulations, and relevant Orders of the Governor. (d) The contractor and labor unions will furnish all information and reports required by Executive Order,Equal Opportunity and Affirmative Action of April 16, 1975, and by the rules,regulations and Orders of the Governor, or pursuant thereto,and will permit access to his books,records, and accounts by the contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules,regulations and orders. (e) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization,or expel any such individual from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity because of race,creed,color, sex,national origin,or ancestry. (f) A labor organization, or the employees or members thereof will not aid, abet,incite, compel or coerce the doing of any act defined in this contract to be discriminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder;or attempt, either directly or indirectly,to commit any act defined in this contract to be discriminatory. (g) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules,regulations,or orders,this contract may be canceled,terminated or suspended in whole or in part and the contractor may be declared ineligible for further State contracts in accordance with procedures, authorized in Executive Order,Equal Opportunity and Affirmative Action of April 16, 1975 and the rules,regulations, or orders promulgated 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 Page 14 of 16 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 fmanced 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 21,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 15 of 16 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: State of Colorado (Full Legal Name)Weld County Health Department BILL OWENS,GOVERNOR By: Position(Title) By: 84600813 B Department of Social Security Number or Federal I.D.Number PUBLIC HEALTH AND ENVIRONMENT If Corporation,Town/City/County,or Equivalent: PROGRAM APPROVAL: it: /2e Attest(Affix Seal) WELD COUNTY �EPAR� NT By: BY: Corporate Secretary,or Equivalent,Town/City/County Clerk IN S. PICKLE, M.S.E.H. DIRECTOR APPROVALS: ATTORNEY GENERAL CONTROLLER By: By: Ken Salazar Arthur L. 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O1) en -O ' 00¢ = .7 0 b ep 0 o •-! ; zy a>q - a o o v q O S cC E a G U N Ca a J OO o o b 0es O 0 a a d •.-. •cV r• U° V' °U in °V ,O ti r oo a; b ,-• 2 bp ) b ` / en � ) \ \ *§ \ E2 / 5 •/ © 4 \ } \ k a v \ / . j \ \ 2 ± & \ 602 n § ) L.) ° \ \ ) § ( ( k ( § ) j / ; * u \ \ e 2a e .- ^ $ ° co \ ) ) ) / V cm e) .2 % \ � 'q § & ± en ( 7 0as 0 f'( ) 3 / : ` = e = \ § •` a o § & \ \ � § § Li § � ici .,?a? 42 c ` H � . \ \ / i \ ® 0 ; F § 0 t + 0 k /\ 43 ~ § wm ( -0 & ° ® ) ^ctz az ) ° ) ° \ § 3 J2 I0 ® § ! � � � � V eft ) \ , 40 q ; ] 3 ' E d � ) t o •t ` k §& f 2 . § ; f ° { a \® $ . 0 S - - •— B ] § G R \ & u ] old % , e ] @ � q c \ \ \ Q. /%\ j u /// } / <4 / / \ \ \ \ \ \ \ Weld County Department of Public Health and Environment Tobacco-Free Weld County Project Budget targets and narrative DIRECT COSTS TOTAL Personnel: Sheri L. Hannah-Ruh, Tobacco-Free Weld County Project Coordinator $10,619.60 Yearly salary of$31,704.40 X .5 FTE for 8 Months Fringe Benefits: Fringe benefits rate for part-time employees at Weld County Department of $1,414.53 Public Health and Environment is .1332 of total salary. Hourly rate 1999 $14.80(14.80 X 20=296 X 13 weeks=$3848 X .1332=512.55) Projected hourly rate 2000 $15.39 (15.39 X 20=307.80 X 22 weeks= $6,771.60 X .1332=$901.98) Benefits include life, disability, PERA and Medicare Travel: $2219.40 Equipment: Desk laser jet printer. $600.00 Program Supplies & Expenses: $6,775 Staff Development $285.00 TOTAL DIRECT COSTS $21,913.53 INDIRECT COSTS $2,086.17 Weld County's rate for indirect costs is 9.52 % of total contract request TOTAL CONTRACT REQUEST $23,999.70 Matching funds: John Pickle, Director $830.40 (16 hours + Benefits) Judy Nero, Business Manager $162.50 (8 hours + Benefits) Marcela Swain, Office Technician $205.40 (16 hours +Benefits) Health Promotion Supervisor $765.20 (32 hours + Benefits) Health Promotion Office Technician $657.00 (70 hours+ Benefits Indirect(lights, gas, ect.) $249.47 Total Matching Funds from WCDPHE: $2,869.97 Personnel Sheri L. Hannah-Ruh is the coordinator of the Tobacco-Free Weld County Project. Sheri's yearly salary is $31,704.40. She will be working .5FTE for the 8 month contract. Sheri's total salary is $10,619.60. Fringe Benefits Fringe benefits rate for part-time employees at Weld County Department of Public Health and Environment is .1332 of total salary. Hourly rate 1999 $14.80 (14.80 X 20=296 X 13 weeks=$3,848.00 X .1332= 512.55) Projected hourly rate 2000 $15.39 (15.39 X 20=307.80 X 22 weeks= $6,771.60 X .1332 = $901.98) Benefits include life,disability, PERA and Medicare The total for fringe benefits is$1,414.53. Travel Local travel includes reimbursements for staff and volunteers for youth presentations, compliance checks, coalition meetings, key informant meetings, etc.is 2600 miles at .27/mile=$702.00. Mileage to Denver for meetings 140 miles X 8 X .27=302.40 Travel for one out-of-state conference travel costs is a total of $1215 [Airfare- $600] [Hotel- $350 (5 nights @ $70)] [Per Diem- $190 (@$38 per day)] [Parking/Taxi/Shuttle- $75] Total for all travel is$2,219.40. Equipment Printer- desk laser jet printer. 50 people use one printer, plus the distance from the printer to my office is quite a distance. Total cost$600 Program Supplies and Expenses Training Two facilitators fees at $50/hour for cessation training, 2X50 = $100. Printing Flyers and/or bookmarks will be printed for the quit tips for health care provider trainings. ($50) Copy of needs assessment ($100), printing the results of the needs assessment ($75). Printing certificates for those retailers that didn't sell tobacco products to minors ($50). Printing quarterly reports of tobacco prevention activities in Weld County ($25). Media Purchase Media purchase is essential to tobacco prevention. Rear bus panels will be used to promote the 1-800-4-CANCER at $135/panels X 4 panels X 3 months= $1620.00. Production of panels is $600. Newspaper ads 2 ads at $400 = $800. Media will be used to publicize the result of the compliance checks. 2 ads in the paper at$400/ad is $800. Educational Materials Educational packets will be made for health care providers receiving trainings. 35 packets at $5 per packet is $175. The retailers educational packets will be $15/packet X 10 = $150. Meeting expenses Monthly coalition meetings at $30 X 8 months ($240). One training ($50) and two practices for the youth presentations ($40). Food for youth and adults during training and conducting the compliance checks ($100). Six volunteers, two nights of phone surveys for the needs assessment, at $15 for food is ($180). Work sessions and meetings with school districts folks ($120). Data Collection No more then 10% of our budget will be spent of data collection. Expenses including field coordinator time, implementing needs assessment, printing and postage for surveys. The estimated dollar amount is $ $1,500. Staff Development 2 Conference Registration estimated at$100.00 each. GASP Membership- $25.00 ANR Subscription- $60.00 Total for all Direct Cost is $21,913.53 Indirect cost: Weld County's rate for indirect costs is 9.52 % of total contract request which equals $2,086.17 The indirect cost covers lights, gas, electric, office space, phone, ect. Total amount requested: The total amount requested for Weld County for the eighth month period beginning on or about September 29, 1999 is $23,999.70 Matching Funds The Director of the health department will be instrumental in blazing the ground for activities with the County Commissioners and the Board of Health. ($830.40) The Business Manager will be facilitating the contract's paperwork($162.50). Office Technicians will be working with the billing process ($205.40) and helping to get mailings out and make contact phone calls ($657). The Supervisor will assist the field coordinator with activities and technical assistance ($765.20) Then you add the indirect cost for all the people listed above, the cost covers lights, gas, electric, office space, phone, ect. ($249.47) The total amount for matching funds is $2,869.97. m \ \ Q 2 \ §) ) LT �, GS EA ( \ CO/ j) 0 e ® O ) H 0 16 \ H y ® ) A � / ) \ / \ / \ @ L © § / ) \ \ \ II all a)P. y Z \ . \ 0 ) cu / ± O. d C-) ) \ / / ) 0 Cl, § z .5 / \ \ ] \ \ \ .0 .. § ) ) ) ) \ )) > a ` 2 / 4269 = C ( , 2 / J3 ) . a = » a ° ` ( ) E ) } \ ( 0 a : < 1-4 0 V4O 0 H la > ) / ( _ . \ ) \ ) \ \ ) } \ \ / / . ) 3 CO 6 / \ Di H / Ct ) 5 STATE OF COLORADO Bill Owens,Governor Jane E.Norton,Executive Director :by eo�� Dedicated to protecting and improving the health and environment of the people of Co/orado 4300 Cherry Creek Dr.S. Laboratory and Radiation Services Division Denver,Colorado 80246-1530 8100 Lowry Blvd. N186 j* Phone(303)692-2000 Denver CO 80220-6928 Located in Glendale,Colorado (303)692-3090 Colorado Department http://www.cdphestate.co.us of Public Health and Environment [Date] Sample Contract Change Order Letter Attachment C State Fiscal Year 19"- **, Contract Change Order Letter Number**, Contract Routing Number**-***** Pursuant to paragraph**of the contract with contract routing number**-***** and contract encumbrance number ***********,(as amended by Contract Renewal Letter**,contract routing number**-*****, and/or Contract Change Order Letter**,contract routing number**-*****,if any),hereinafter referred to as the"Original Contract"(a copy of which is attached hereto and by this reference incorporated herein and made a part hereof)between the State of Colorado, Department of Public Health and Environment and Contractor's Legal Name,for the term from********* **, ****, through********* **, ****,the parties agree that the maximum amount payable by the State for the eligible services referenced in paragraph** of the Original Contract is increased/decreased by dollar amount DOLLARS,($*.**)for a new total financial obligation of the State of dollar amount DOLLARS,($*.**). The revised work plan,which is attached hereto as"Attachment 1",and the revised budget,which is attached hereto as"Attachment 2", are incorporated herein by this reference and made a part hereof The first sentence in paragraph** of the Original Contract is hereby modified accordingly. All other terms and conditions of the Original Contract are hereby reaffirmed. This amendment to the Original Contract is intended to be effective as of********* **, ****. However, in no event shall this amendment 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 Contract Change Order Letter by ********* **, ****,to the attention of: ************ ************,Colorado Department of Public Health and Environment,4300 Cherry Creek Drive South,Denver,Colorado 80246,Mail Code: *****-**. One original of this Contract Renewal Letter will be returned to you when fully approved. Contractor's Legal Name STATE OF COLORADO (legal type of entity) Bill Owens, Governor By: By: For the Executive Director Print Name: DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT Title: FEIN: APPROVALS: CONTROLLER: PROGRAM: By: By: Arthur L.Barnhart STATE OF COLORADO Bill Owens,Governor 4-00Q\ Jane E.Norton, Executive Director rc/ Dedicated to protecting and improving the health and environment of the people of Colorado Iv' $'1 * * 4300 Cherry Creek Dr.S. Laboratory and Radiation Services Division ��,,,�;/* Denver,Colorado 80246-1530 8100 Lowry Blvd. 6• r 107 Phone(303)692-2000 Denver CO 80220-6928 Located in Glendale,Colorado (303)692-3090 Colorado Department http://www.cdphe.state.co.us of Public Health and Environment [Date] Sample Contract Renewal Letter Attachment D State Fiscal Year 19**- **, Contract Renewal Letter Number**, Contract Routing Number**-***** Pursuant to paragraph**of the contract with contract routing number**-***** and contract encumbrance number ***********,(as amended by Contract Change Order Letter**,contract routing number**-*****,and/or Contract Renewal Letter**,contract routing number**-*****,if any),hereinafter referred to as the"Original Contract"(a copy of which is attached hereto and by this reference incorporated herein and made a part hereof)between the State of Colorado, Department of Public Health and Environment and Contractor's Legal Name,for the renewal term from********* ** ****,through********* **, ****,the parties agree that the maximum amount payable by the State for the eligible services referenced in paragraph** of the Original Contract is increased/decreased by dollar amount DOLLARS,($*.**)for a new total financial obligation of the State of dollar amount DOLLARS, ($*.**). The revised work plan,which is attached hereto as"Attachment 1", and the revised budget,which is attached hereto as"Attachment 2", are incorporated herein by this reference and made a part hereof. The first sentence in paragraph** of the Original Contract is hereby modified accordingly. All other terms and conditions of the Original Contract are hereby reaffirmed. This amendment to the Original Contract is intended to be effective as of********* **,****. However,in no event shall this amendment 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 Contract Renewal Letter by********* **,****, to the attention of: ************ ************,Colorado Department of Public Health and Environment,4300 Cherry Creek Drive South,Denver,Colorado 80246,Mail Code: *****-**. One original of this Contract Renewal Letter will be returned to you when fully approved. Contractor's Legal Name STATE OF COLORADO (legal type of entity) Bill Owens,Governor By: By: For the Executive Director Print Name: DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT Title: FEIN: APPROVALS: CONTROLLER: PROGRAM: By: By: Arthur L. Barnhart Hello