HomeMy WebLinkAbout950631.tiffRESOLUTION
RE: APPROVE AMENDMENT #1 TO CONTRACT FOR RYAN WHITE HIV BETWEEN
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AND WELD
COUNTY HEALTH DEPARTMENT AND AUTHORIZE CHAIRMAN TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with Amendment #1 to Contract for Ryan White
HIV between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Weld County Health Department, and the
Colorado Department of Public Health and Environment, commencing April 1, 1995, and ending
April 30, 1995, with further terms and conditions being as stated in said amendment, and
WHEREAS, after review, the Board deems it advisable to approve said amendment, 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 Amendment #1 to Contract for Ryan White HIV between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on
behalf of the Weld County Health Department, and the Colorado Department of Public Health and
Environment be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized
to sign said amendment.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 3rd day of April, A.D., 1995, nunc pro tunc April 1, 1995.
ATTE
G'LL
Weld County Clerk to the Bard
BY.
Deputy Clerk to the Board
APPRS D AS TO FOR
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CQLO9ADO
Dale K. Hall, Chairman
George4. Baxter
,61
a J. Kirkmeyepc 9ro-Tem
‘onstance L. Harbert
W. H. Webster
/IL; s7/97E' )
22% ,A
950631
H L0021
Form 6 -Ac -r?' (Rill)
DEPARTMENT OR AGENCY NUMBER
26000 --FHA
CONTRACT ROUTING NUMBER
95-1607
AMENDMENT #1
CONTRACT
THIS CON TRACT, made this 2nd day of March 1995 by and between the State of Colorado for the use and
benefit of the Department of Public Health and Environment, 4300 Cherry Creek Drive South, Denver,
Colorado 80222-1530 hereinafter referred to as the State, and Weld County Health Department, 1517 16th
Avenue Court, Greeley, Colorado 80631 hereinafter referred to as the Contractor.
WHEREAS, authority exists in the Law and funds have been budgeted, appropriated and otherwise
made available and a sufficient unencumbered balance thereof remains available for payment in Fund number
100, APPR code 383 Contract Encumbrance Number FHA SOD941010; and
WHEREAS, required approval, clearance and coordination has been accomplished from and with
appropriate agencies and;
WHEREAS the State has entered into an agreement with the Contractor for the development and
operation of an Human Immunodeficiency Virus (HIV) care consortia and;
WHEREAS it is the intention of the parties to amend and increase the original contract SOD941010 by
$7,801.00 (Seven Thousand Eight Hundred One Dollars) to a new total of $101,416.00 (One Hundred One
Thousand Four Hundred Sixteen Dollars) for the provision of additional services.
NOW THEREFORE, it is hereby agreed that for and in consideration of their mutual promises to each other,
hereinafter stated, the parties hereto agree as follows:
1) Consideration for this amendment to the original agreement consists of the payments which shall be
made pursuant to this agreement and the promises and agreements herein set forth.
2) It is expressly agreed by the parties that this contract is supplemental to the original contract
SOD941010, routing number 94-1010 dated March 21, 1994, which is by this reference made a part hereof
as Attachment D and all terms, conditions and provisions thereof, unless specifically modified herein, are to
apply to this contract as though they were expressly re -written, incorporated and included herein.
3) It is agreed that the original contract SOD941010 between the State of Colorado and Weld County
Health Department, shall be, and is hereby modified, altered, and changed in the following respects only:
A. By eliminating and striking out from paragraph 6 of the original contract SOD941010 the words
and figures "$93,615 (Ninety Three Thousand Six Hundred Fifteen Dollars) for the period beginning April 1,
1994 and continuing through March 31, 1995" and replacing instead the words and figures "$101,416.00 (One
Hundred One Thousand Four Hundred Sixteen Dollars) for the period beginning April 1, 1994 and continuing
through April 30, 1995".
Page 1 of 4 Pages
950631
B. By amending the budget in paragraph 7 to read:
Personnel
Fringe
Travel
Supplies
Contractual
Other
Audit
Indirect
$ 21,218
$ 2,859
$ 1,300
$ 812
$ 44,443
$ 16,353
$ 1,754
$ 12,677
TOTAL $101,416
C. By eliminating and striking out from paragraph 9 the words and figures "March 31, 1995" and
replacing instead the words and figures "April 30, 1995".
4) The effective date of this amendment is March 30, 1995.
5) In the event of any conflict, inconsistency, or incongruity between the provisions of this amendment and
any of the provisions of the original contract SOD941010 the provisions of this amendment shall in all respects
govern and control.
6) These additional funds are awarded for the provision of additional services and to extend the term of
the contract.
Page 2 of 4 Pages
950631
Form 6-AC-G2B
SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
1. This contract shall not be deemed valid until it shall have been approved by the Controller 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 payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise ma&
available.
BOND REQUIREMENT
3. If this contract involves the payment of more than fifty thousand dollars for the construction, erection, repair, maintenance, or improvement of any building, road.
bridge, viaduct, tunnel, excavation or other public works for this State, the contractor shall, before entering the performance of any such work included in this contract, dui*"
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 nix
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 le
audited, allowed or paid. A certified or cashiers 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, 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, respectins
discrimination and unfair employment practices (CARS 24-34-402), and as required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975.
Pursuant thereto, the following provision 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 all applicants are employed, and that employee±
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 advertising; lay-offs or terminations; rates of pay or other forms of compensation and selection foe
training, including apprenticeship. The contract agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided
by the contracting officer setting forth provision 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 wait
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 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 he provisions of this contract or any order issued thereunder, or attempt, either directly
or indirectly, to commit any act defined in this contact to be discriminatory.
Fpm 6 -AC -02B
P.voed 1193
595-53-0122
Pate I of 4 Pale
950631
(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 pan and the contractor may be declared ineligible for further State contracts in accordance with
p.ocedutre , 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 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
6 a. Provisions of CARS 8-17-101 & 102 for preference of Colorado labor are applicable to this contract if public works within the State are undertaken
hereunder and are financed in whole or in part by State funds.
b. When a construction contract for a public project is to be awarded to 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 county 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 (CARS 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, defence, 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. The signatories aver that they are familiar with CARS 18-8-301, et seq., (Bribery and Corrupt Influences) and CARS 18-8-401, et seq., (Abuse of Public Office),
and that no violation of such provisions is present.
10. The signatories aver that to their knowledge, no state employee has any personal or beneficial interest whatsoever in the service or property described herein:
IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day first above written.
Contractor:
(Full Legal Name) Weld County Department of Health STATE OF COLORADO
Weld Coun Board . t ommissioners ROY ROMER, GOVERNOR
Social
Chairma
846000813 B
eAtirity Number or Federal D. Number
S
If Corporation:
Attest (Seal)
By
ATTORNEY GENERAL
oard
i
By /
Executive Dir$etor
for
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
APPROVALS
CONTROLLER
By By
Fenn 6ac 02C
Revised 1/93
395-53-01.1030
ori,inat and Wie CO ,13 C t
have been signed by al SI is C
i‘iguifed by law p{ v rontlactt .
PROGRAM APPROVAL
By
WELD CDUf�V ELT DEPARTMENT
B �
JOHN S. P CKIE, M.S.E.u.
DIRECTOR
950c 91.
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