HomeMy WebLinkAbout961976.tiff RESOLUTION
RE: APPROVE CONTRACT FOR DIABETES CONTROL PROGRAM BETWEEN HEALTH
DEPARTMENT AND COLORADO DEPARTMENT OF PUBLIC HEALTH AND
ENVIRONMENT AND AUTHORIZE CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Contract for Diabetes 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 Health Department, and the
Colorado Department of Public Health and Environment, commencing November 1, 1996, and
ending June 30, 1997, with further terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a
copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Contract for Diabetes Control 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 Health Department, and the Colorado Department of Public
Health and Environment, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
• The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 4th day of November, A.D., 1996, nunc pro tunc November 1,
1996.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORAEL O%� ► per . 'Barbar J. Kirkmeyer, Chair
("°'.
cQQ�4, e8 o ty Clerk to the Board
lvd1 / �� or . axer P -T
eputy Cle o the Board
Dale K. Hall
APP D AS TO F ��� ��
Constance ��
oun Attorney � i / / �2_� - �� �
W. H. Webster
961976
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Form 6-AC-02A (R 5/91) Department or Agency
Colorado Department
Public Health &
Environment
Department or Agency
Number
260000 - FLA
Contract Routing
Number
9705860
CONTRACT
THIS CONTRACT, made this 1st day of November 1996, by and between the State
of Colorado for the use and benefit of the Department of PUBLIC HEALTH AND
ENVIRONMENT, 4300 Cherry Creek Drive South, Denver, Colorado 80222-1530
hereinafter referred to as the State and Weld County Health Department, 1517 16th
Avenue Court, Greeley, Colorado 80631 hereinafter referred to as the contractor.
WHEREAS, authority exists in the Law and Funds have been budgeted,
appropriated and otherwise made available and a sufficient uncommitted balance
thereof remains available for encumbering and subsequent payment of this contract
under Encumbrance Number FAA PPG9705860, in Fund Number 100, Appropriation
Account 771, and Organization 7350.
WHEREAS, required approval, clearance and coordination has been
accomplished from and with appropriate agencies; and
WHEREAS, the State of Colorado and the Division of
Prevention Programs, Colorado Department of Public Health and
Environment has received funding from the Centers for Disease
Control and Prevention for implementing projects to reduce
morbidity and mortality due to diabetes; and
WHEREAS, there is a need to organize a community coalition
to plan, conduct and implement community-based interventions to
reduce diabetes morbidity and mortality in Weld county; and
WHEREAS, the Contractor is considered by the State to be an
appropriate party to provide the services herein set forth.
NOW THEREFORE, it is hereby agreed that for and in consideration
of their mutual promises to each other, hereinafter stated, the
parties agree as follows :
1 . The Contractor agrees to provide the following services :
a . Organize and coordinate the activities of a community-
based diabetes coalition in the county. This includes
identifying coalition members, scheduling meetings,
convening meetings, and writing and distributing
minutes .
Page 1 of 7 Pages
961976
b. Assess community needs and produce a work plan in
collaboration with the diabetes coalition that will
address the identified needs in the community for the
prevention of diabetes and its complications .
2 . The Contractor will provide to the State Diabetes Control
Program copies of all diabetes coalition meeting minutes,
the workplan, and any materials developed by the diabetes
coalition.
3 . The State will, in consideration of said services by the
Contractor, cause to be paid to the Contractor a sum not to
exceed Five Thousand Dollars ($5, 000) . Reimbursement shall
be conditioned upon affirmation by the State Diabetes
Control Program that services were rendered in accordance
with this contract, as follows :
a. Upon receipt of signed monthly statements submitted in
duplicate and within 30 days following the end of the
month during which services were rendered, requesting
reimbursement for personnel and operating expenses .
Said statements shall set forth dates, names of payees,
brief description of expenditures, amounts and total
requested. Reimbursement shall be conditioned upon
affirmation by the State Diabetes Control Program, that
all services were rendered in accordance with the
contract .
b. Said Statements should be sent to the Division of
Prevention Programs, Diabetes Control Program, PPD-DC-
A5, 4300 Cherry Creek Drive South, Denver, CO 80222-
1530 .
4 . The following budget shall govern the expenditure of funds
by the Contractor as well as the subsequent reimbursement by
the state :
a. Personnel/Fringe $4 , 000
b. Operating Expenses $1, 000
Total $5, 000
5 . Changes in the reimbursement amounts for the above named
services inconsideration of increased or decreased levels of
utilization from the levels funded in the original contract
shall be made with the approval of the Contractor, the State
Diabetes Control Program, and the State Controller (or
authorized designee) as evidenced by a mutually signed
Change Order Letter (sample attached and by this reference
made a part hereof as Attachment A) which shall include the
following:
Page 2 of 7 Pages
961976
a. Identification of contract by contract number and
number of the affected paragraph;
b. Type of services increased, decreased, or extended;
c . Amount of increase or decrease in funding and new total
for the current year.
d. Effective date of the funding change;
e . Authorized signatures of the State Diabetes Control
Program, the Contractor, and the State Controller (or an
authorized designee) .
It is understood that no change except in utilization of
funds shall be made through the Change Order Letter.
6 . The term of this contract is beginning November 1 , 1996 and
continuing through June 30, 1997 .
Page 3 of 7 Pages
961276
COLORADO DEPARTMENT OF HEALTH-hereinafter,under the General Provisions referred to as"Health".
GENERAL PROVISIONS --page 1 of 2 pages
1. The contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither the
contractor nor any agent or employee of the contractor shall be or shall be deemed to be an agent or employee of the state.
Contractor shall pay when due all required employment taxes and income tax withholding, shall provide and keep in force
workers'compensation(and show proof of such insurance)and unemployment compensation insurance in the amounts required
by law. Contractor will be solely responsible for its acts and the acts of its agents, employees, servants and subcontractors
during the performance of this contract.
2. Contractor authorizes Health, or its agents, to perform audits and to make inspections for the purpose of evaluating
performance under this contract.
3. Either party shall have the right to terminate this agreement by giving the other party thirty days notice by registered
mail, return receipt requested. If notice is so given,this agreement shall terminate on the expiration of the thirty days, and the
liability of the parties hereunder for the further performance of the terms of this agreement shall thereupon cease,but the parties
shall not be relieved of the duty to perform their obligations up to the date of termination.
4. This agreement is intended as the complete integration of all understandings between the parties. No prior or
contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied
herein in writing. No subsequent novation,renewal, addition,deletion,or other amendment hereto shall have any force or effect
unless embodied in a written contract executed and approved pursuant to the State Fiscal Rules.
5. If this contract involves the expenditure of federal funds,this contract is contingent upon continued availability of federal
funds for payment pursuant to the terms of this agreement. Contractor also agrees to fulfill the requirements of:
a) Office of Management and Budget Circulars A-87,A-21 or A-122, and A-102 or A-11O,whichever is applicable;
b) the Hatch Act(5 USC 1501-1508)and Public Law 95-454 Section 4728. These statutes state that federal funds cannot
be used for partisan political purposes of any kind by any person or organization involved in the administration of
federally-assisted programs;
c) the Davis-Bacon Act (40 Stat. 1494, Mar. 3, 1921, Chap. 411, 40 USC 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 USC 6101 et seq, 42 USC 2000d,29 USC 794. These acts require that no person shall,on the grounds of race,
color, national origin, age, or handicap, be excluded from participation in or be subjected to discrimination in any program or
activity funded,in whole or in part,by federal funds;and
e) the Americans with Disabilities Act(Public Law 101-336; 42 USC 12101, 12102, 12111 - 12117, 12131 - 12134,
12141 - 12150, 12161 - 12165, 12181 - 12189, 12201 - 12213 and 47 USC 225 and 47 USC 611.
1) if the contractor is acquiring real property and displacing households or businesses in the performance of this contract,
the contractor is in compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act,as amended
(Public Law 91-646,as amended and Public Law 100-17,1O1 Stat. 246-256);
g) when applicable, the contractor is in compliance with the provisions of the "Uniform Administrative Requirements
for Grants and Cooperative Agreements to State and Local Governments(Common Rule).
Page 4 of 7 Pages 96-1.976
Rev. 06/01/92 (GEN070595)
GENERAL PROVISIONS —Page 2 of 2 pages
6. By signing and submitting this contract the contractor states that:
a) the contractor is in compliance with the requirements of the Drug-Free Workplace Act (Public Law 100-690 Title
V,Subtitle D,41 USC 701 et seq.);
b) the contractor is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any federal department or agency.
7. To be considered for payment,billings for payment pursuant to this contract must be received within 60 days after the
period for which payment is being requested and final billings on the contract must be received by Health within 60 days after
the end of the contract term.
8. If applicable, I oral Match is to be submitted on the monthly payment statements, in the column provided, as required
by the funding source.
9. If Contractor receives $25,000.00 or more per year in federal funds in the aggregate from Health, Contractor agrees to
have an annual audit, by an independent certified public accountant, which meets the requirements of Office of Management
and Budget Circular A-128 or A-133, whichever applies. If Contractor is required to submit an annual indirect cost proposal
to Health for review and approval, Contractor's auditor will audit the proposal in accordance with the requirements of OMB
Circular A-87,A-21 or A-122. Contractor agrees to firmish one copy of the audit reports to the Health Department Accounting
Office within 30 days of their issuance,but not later than nine months after the end of Contractor's fiscal year. Contractor agrees
to take appropriate corrective action within six months of the report's issuance in instances of noncompliance with federal laws
and regulations. Contractor agrees to permit Health or its agents to have access to its records and financial statements as
necessary,and further agrees to retain such records and financial statements for a period of three years after the date of issuance
of the audit report. This contract does (100%)contain federal funds as of the date it is signed. This requirement is in addition
to any other audit requirements contained in other paragraphs within this contract.
10. Contractor agrees to not use federal funds to satisfy federal cost sharing and matching requirements unless approved in
writing by the appropriate federal agency.
Page 5 of 7 Pages .36 52,174._,C
&ev. 06/01/92 (GEN070595)
SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
1 .This contract shall not be deemed valid until it shall have been approval 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 arc 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 thc 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,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 thc 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 arc 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 advertisings;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 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 contactors commitment under the Executive Order,
Equal Opportunity and Affirmative Action,dated April 16, 1975,and of the rules,regulations,and relevant Orders of the Governor.
(d)The contractor and labor unions will furnish all information and reports required by Executive Order,Equal Opportunity and Affirmative Action of April 16,
1975,and by the rules,regulations and Orders of the Governor,or pursuant thereto,and will permit access to his books,records,and accounts by the contracting
agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules,regulations and orders.
(e)A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization,or expel any such individual
from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity because of race,creed,color,
sex,national origin,or ancestry.
(f) A labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce the doing of any act defined in this contract to be
discriminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder,or attempt,either directly or
indirectly,to commit any act defined in this contract to be discriminatory.
Form 6-AC-02B(GBN070595) -
Revised 1/93 ! �f
[A
395-53-01-1022 6 ®V� 6
page -�of pages aVJ
(g) In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules,regulations,or orders,this contract
may be ancelcd,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 provisions,including sanctions for non-compliance;provided,however,that in the event the contractor becomes involved in,or is
threatened with,litigation,with the subcontractor or vendor as a result of such direction by the contracting agency,the contractor may request the State of Colorado
to enter into such litigation to protect the interest of the State of Colorado.
COLORADO LABOR PREFERENCE
6a Provisions of CRS 8-17-101 & 102 for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereunder
and are financed in whole or in part by State funds.
b. When a construction contract fora public project is to be awarded to a bidder,a resident bidder shall be allowed a preference against a non-resident bidder from
■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. Mall 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 arc familiar with CRS 18-8-301,et seq.,(Bribery and Corrupt Influences)and CRS 18-8-401,et seq.,(Abuse of Public Office),
and that no violation of such provisions is present.
10. The signatories aver that to their knowledge,no 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.
Contract. State of Colorado
(Fu. County Health Department ROY ROMER,GOVERN
(pfr Qv/• 6 y �r WED COUN 11/04/96
0 1I I ,HMI STONER By.
•
ro) ally 1 ber or Fede I I.D. mber Department
� "'�. 1/ of PUBLIC HEALTH AND ENVIRONMENT
o 'o un', , !r i S _LAD li S) , _r WELD C � ,1
Attest(� y, Scat)
By . 0 4 /'-'D /�- - DEPUTY JOHN S. PICKLE
INOKrI001 $ui$f>Zdt`al1ii(N(15341fRC➢fjl[Co ty Clerk TO BOARD DIRECTOR
APPROVALS
ATTORNEY GENERAL _ Y�� tr, _ CONTROLLER p^��
e A. r'li�. '4o 4s' `a .,.'5.L4R By By Gale A.Norton f/4r f Clifford W Hall.
C. Flichard P nnington
re:
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Fomr 6-AC-02C(GENO]0595) Assistant ttarney Genera 7
e which is the last of pages
Revised 1/93 ("lilt() SergiCOS SP,CtlO
395-53-01-1030 l../ L
PROGRAM APPROVAL: ��//
ATTACHMENT A
STATE OF COLORADO
Roy Romer,Governor 3a4',Co\
Patti Shwayder, Executive Director �=
Dedicated to protecting and improving the hea/th and environment of the people of Colorado _ ,,�✓Q
Main Building laboratory Building �� ♦�
4300 Cherry Creek Dr.S. P O. Box 17123 976,
Denver,Colorado 80222-1530 Denver,Colorado 80217 Colorado Department
Phone(303)692-2000 (303)691-4700 of Public Health
and Environment
SAMPLE CHANGE ORDER LETTER
John Pickle
Director
Weld County Health Department
1517 16th Avenue Court
Greeley, Colorado 80631
Re : Contract Year , Change Order Letter #
Dear Mr. Pickle,
This is to notify you that pursuant to Paragraph 5 of Contract
PPG9705860 , Routing Number 9705860 , the allocation of funds for
the period beginning (date) , and continuing through
(date) is changed to provide services according to
the budget outlined below:
Personnel/Fringe $
Operating
Total $
Please sign the original and all three copies (four total) of
this notification and return all four copies to :
Sharon L. Michael
Diabetes Control Program
Colorado Department of Public Health & Environment
PPD-DC-A5
4300 Cherry Creek Drive South
Denver, Colorado 80222-1530
961'376
This letter is intended to be effective (date) but in no
event shall be deemed valid until it has been approved by the
State Controller or such assistant as he may designate . A
verified copy of this letter will be returned to you when it is
fully approved.
Sincerely,
Sharon L. Michael
Diabetes Control Program Contractor
APPROVED :
Lee Thielen for State Controller
Assistant Director
Department of Public Health &
Environment
✓61976
vsfri‘r, MEMORAnDU
Barbara Kirkmeyer, Chair
To Board of County Commissioners Date October 30, 1996
COLORADO
From John Pickle, Director, Health Department
17
Subject:
Diabetes Control Program Contract
Enclosed for Board approval is a contract between Weld County Health Department and the
Colorado Department of Public Health and Environment (CDPHE) for diabetes control activities.
Under this contract, a consortium of community members and care providers will perform a
community needs assessment and coordination of diabetes outreach services within Weld
County. The consortium has already been established, and we have been asked by the State to
assume leadership of this group since it is in Weld County. Weld County will be paid an amount
not to exceed $5,000 for these services.
The term of the contract is from November 1, 1996 through June 30, 1997. 1 encourage you to
approve this contract as additional service at no cost to the County.
Enclosure
961976
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