HomeMy WebLinkAbout981552 RESOLUTION
RE: APPROVE CONTRACT FOR COLORADO WOMEN'S CANCER CONTROL INITIATIVE
AND AUTHORIZE CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute 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 Colorado Women's
Cancer Control Initiative between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, on behalf of the Weld County Health
Department, and the Colorado Department of Public Health and Environment, commencing
August 15, 1998, and ending August 14, 1999, with further terms and conditions being as stated
in said contract, and
WHEREAS, after review, the Board deems it advisable to approve said contract, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Contract for the Colorado Women's Cancer Control Initiative between
the County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, on behalf of the Weld County Health Department, and the Colorado Department
of Public Health and Environment be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said contract.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 24th day of August, A.D., 1998, nunc pro tunc August 15, 1998.
BOARD OF COUNTY COMMISSIONERS
7 COUNTY, COLORADO
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e L. HarbeChair
Weld County Clerk •i.oV, "I ; -;I �� 21 .
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�� _ , W. H. W bster, Pr -T m
BY: ca. i•'tl� •' '
Deputy Clerk t d' /
rge . Baxter
AP ED AST FORM:
K________P-R7
Dale K. Hall
ttor y EXCUSED i..„. led Barbara J. Kirkmeyer
981552
HL0024
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•
APPROVED WAIVER FORM CONTRACT Department or Agency Name
Colorado Women's Cancer Control Initiative COLORADO DEPARTMENT OF
PUBLIC HEALTH AND ENVIRONMENT
Department or Agency Number
FAA
Contract Routing Number
9900254
CONTRACT
This CONTRACT is made this 15TH day of JULY, 1998, by and between: the State of Colorado, for the use and
benefit of the DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, whose address or principal
place of business is 4300 Cherry Creek Drive South.Denver, Colorado 80246, hereinafter referred to as "the
State"; and, WELD COUNTY DEPARTMENT OF HEALTH, whose address or principal place of business is
1517 16th Avenue Ct.,Greeley,CO 80631, hereinafter referred to as "the Contractor".
WHEREAS, as to the State, authority exists in the Law and Funds have been budgeted, appropriated and
otherwise made available and a sufficient uncommitted balance thereof remains available for subsequent
encumbering and payment of this Contract in Fund Number 100,Appropriation Account 773, and Organization
Code 7340, under Contract Encumbrance Number FLA PPG9900254;
WHEREAS,the State has entered into a Cooperative Agreement with the Centers for Disease Control and
Prevention(CDCP) for a project entitled the "Colorado Women's Cancer Control Initiative" (CWCCI)to provide
breast cancer screening, cervical cancer screening, and diagnostic services;
WHEREAS, the intent of the Cooperative Agreement is to increase screening and diagnosis among low income
older women who are uninsured and under insured including those who are racial, ethnic, and cultural minorities,
such as American Indians, African Americans,Hispanics,Asian/Pacific Islanders,Lesbians,women with
disabilities, and women who live in hard to reach communities in urban and rural areas;
WHEREAS, as of the effective date of this Contract, the State has a currently valid Group II purchasing
delegation agreement with the Division of Purchasing within the Colorado Department of Personnel;
WHEREAS, this procurement is exempt from the Colorado Procurement Code and Rules because the Contractor
is a governmental entity or,this procurement is a Sole Source Procurement made in accordance with the
provisions of section 24-103-205, 10 C.R.S., as amended, and Procurement Rule
R-24-103-205-01;
WHEREAS,the State deems the Contractor to be an appropriate entity to satisfactorily and timely perform the
requirements of the CWCCI as more fully described below; and,
WHEREAS, all required approvals, clearances, and coordination have been accomplished from and with all
appropriate agencies.
NOW THEREFORE, in consideration of their mutual promises to each other, hereinafter stated,the parties
hereto agree as follows:
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A. EFFECTIVE DATE AND TERM. The effective date of this Contract is August 15, 1998, or on the
date this Contract is approved by the State Controller,whichever is later. The initial term of this
Contract shall commence on August 15, 1998, and continue through and including August 14, 1999.
B. DUTIES AND OBLIGATIONS OF THE CONTRACTOR.
1. The Contractor shall provide, in a timely and satisfactory manner,the services described in the
attached Statement of Work(SoW),which is incorporated herein by this reference, made a part
hereof, and attached hereto as "Attachment A".
2. The Contractor shall provide all matching funds information which is required to maintain the
covenants of the federal grant from the CDC. The CWCCI shall request this information not less
than twice per year. The matching funds shall normally be of an in-kind nature.
3. The administrators of the CWCCI shall have the authority to conduct annual program
performance reviews or audits of all services provided by the Contractor under this Contract.
Administrative and clinical records of patients receiving services from the Contractor under this
Contract shall be made available to the State's reviewers for this purpose.
4. By this Contract,the Contractor hereby acknowledges,to the best of its knowledge and belief,
that:
A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
Contractor,to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any Federal
contract,the making of any Federal grant,the making of any Federal loan,the entering
into of any cooperative agreement, and the extension, continuation,renewal, amendment,
or modification of any Federal contract,grant, loan,or cooperative agreement.
B. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress,an officer or employee of Congress, or an employee of a Member
of Congress in connection with a Federal contract, grant, loan,or cooperative agreement,
then the Contractor shall complete and submit Standard Form-LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions.
C. The Contractor shall require that the language of this certification be included in the
award documents for all subawards at all tiers(including subcontracts, subgrants, and
contracts under grants, loans and cooperative agreements)and that all subrecipients shall
certify and disclose accordingly.
C. DUTIES AND OBLIGATIONS OF THE STATE.
1. Payment pursuant to this Contract shall be made as earned, in whole or in part, from available
federal funds encumbered for the purchase of eligible health services from Service Providers
under this Contract.
2. It is further understood and agreed that the maximum amount of funds available for the period of
15 August 1998 through 14 August 1999 for the purchase of breast and cervical cancer
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screening and diagnostic services is One-Million.Eight-Hundred Sixty-Six Thousand,
Three-Hundred.Seventy-Six Dollars and 00/100th,($1,866.376.00),. The liability of the
State, at any time, for such payments shall be limited to the remaining unencumbered amount of
such funds.
3. Reimbursement rates for those services provided by the Contractor under this Contract are listed
in: the Schedule of Services (SoS), which is incorporated herein by this reference, made a part
hereof, and attached hereto as "Attachment B"; and,the attached SoW. Payment shall be made
by the State based on the Contractor's submission of the required CWCCI forms indicating that
services were rendered with the necessary results indicated. Monthly reports shall be generated
from the Fiscal Management System. The first report shall indicate the total amount of services
rendered by procedure. The second report shall provide specific details on the women served
and the procedures performed. The State shall monitor statewide activity to ensure that the total
funding available is not exceeded and that the Contractor shall receive full payment for all
services timely and satisfactorily rendered by the Contractor which are reimbursable under this
Contract. Additional covenants covering payments made under this Contract are as follows:
A. In accordance with Public Law 101-354,patient charges for services provided by the
Contractor shall be made according to a schedule of charges that is made available to the
public, and is adjusted to reflect the income of the women involved. No patient charges
shall be imposed on any woman who has an income of 200%or less of the federal
poverty line as shown in the "Poverty Guidelines",which is incorporated herein by this
reference, made a part hereof, and attached hereto as "Attachment C".
B. Any income generated or received by the Contractor,e.g., donations, shall be used by the
Contractor for cancer prevention and control purposes which further the objectives of the
legislation under which this Contract is made.
C. Medicare rates,which are changed on an annual basis, shall be used to establish the
reimbursement rates for breast and cervical cancer screening and diagnostic services.
The current year's rates are the rates which are contained in the attached SoS.
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D. GENERAL PROVISIONS
•
I. 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 REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND
LOCAL HEAD TAX ON ANY MONIES PAID PURSUANT TO THIS CONTRACT. THE CONTRACTOR
ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT
INSURANCE BENEFITS UNLESS THE CONTRACTOR OR A THIRD PARTY PROVIDES SUCH COVERAGE AND
THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. THE CONTRACTOR
SHALL HAVE NO AUTHORIZATION.EXPRESS OR IMPLIED.TO BIND THE STATE TO ANY AGREEMENTS
LIABILITY,OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. THE CONTRACTOR SHALL
PROVIDE AND KEEP IN FORCE WORKERS'COMPENSATION(AND SHOW PROOF OF SUCH INSURANCE)AND
UNEMPLOYMENT COMPENSATION INSURANCE IN AMOUNTS REQUIRED BY LAW,AND SHALL BE SOLELY
RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR,ITS EMPLOYEES AND AGENTS.
3. If this Contract is in the nature of personal/purchased services,then the State reserves the right to inspect services provided under
this Contract at all reasonable times and places during the term of this Contract. "Services",as used in this clause,includes services
performed or written work performed in the performance of services. If any of the services do not conform with the terms of this
Contract,then the State may require the Contractor to perform the services again in conformity with the terms of this Contract,with
no additional compensation to the Contractor for the reperformed services. When defects in the quality or quantity of the services
cannot be corrected by reperformance,then the State may:require the Contractor to take all necessary action(s)to ensure that the
future performance conforms to the terms of the Contract;and,equitably reduce the payments due to the Contractor under this
Contract to reflect the reduced value of the services performed by the Contractor. These remedies in no way limit the other remedies
available to the State as set forth in this Contract.
4. It;through any cause attributable to the Contractor's action(s)or inaction(s),the Contractor:fails to fulfill,in a timely and proper
manner,its duties and obligations under this Contract;or,violates any of the agreements,covenants,provisions,stipulations,or
terms of this Contract,then the State shall thereupon have the right to terminate this Contract for cause by giving written notice
thereof to the Contractor. Such written notice shall be given at least ten(10)calendar days before the proposed termination date and
shall afford the Contractor the opportunity to cure the default or state why termination is otherwise inappropriate.
If this Contract is terminated for default,then all finished or unfinished data,documents,drawings,evaluations,hardware,maps,
models,negatives,photographs,reports,software,studies,surveys,or any other material,medium or information,however
constituted,which has been or is to be produced or prepared by the Contractor under this Contract shall,at the option of the State,
become the property of the State. The Contractor shall be entitled to receive just and equitable compensation for any services or
supplies delivered to,and accepted by,the State. If applicable,the Contractor shall return any unearned advance payment it
received under this Contract to the State. Notwithstanding the above,the Contractor is not relieved of liability to the State for any
damages sustained by the State because of the Contractor's breach of this Contract. The State may withhold any payment due to the
Contractor under this Contract to mitigate the State's damages until such time as the exact amount of the State's damages from the
Contractor's breach of this Contract is determined. If,after terminating this Contract for default,it is determined for any reason that
the Contractor was not in default,or that the Contractor's action or inaction was excusable,then such termination shall be treated as
a termination for convenience,and the rights and obligations of the parties shall be the same as if this Contract had been terminated
for convenience,as described herein.
5. The State may,when the interests of the State so require,terminate this Contract in whole or in part,for the convenience of the
State. The State shall give written notice of such termination to the other party specifying the part(s)of the Contract 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
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the services.or the undelivered portion of the goods,covered by this Contract. In no event shall reimbursement under this clause
exceed the total financial obligation of the State to the Contractor under this Contract. If this Contract is terminated for default
because of the Contractor's breach of this Contract,then the provisions of paragraph 4 above shall apply.
6. The Contractor shall comply with the requirements of the following:
A. Office of Management and Budget Circulars A-87,A-21,or A-122,and A-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-5). This Act requires that all laborers
and mechanics employed by contractors or sub-contractors to work on construction projects financed by federal
assistance must be paid wages not less than those established for the locality of the project by the Secretary of Labor;
D. 42 U.S.C.6101 et seq,42 U.S.C.2000d,29 U.S.C.794. These Acts mandate that no person shall,on the grounds of race,
color,national origin,age,or handicap,be excluded from participation in or be subjected to discrimination in any
program or activity funded,in whole or in part,by federal funds;
E. the"Americans with Disabilities Act"(Public Law 101-336;42 U.S.C. 12101, 12102, 12111 -12117, 12131 -12134,
12141 -12150, 12161 - 12165, 12181 - 12189, 12201 -12213 and 47 U.S.C.225 and 47 U.S.C.611);
F. if the Contractor is acquiring an interest in real property and displacing households or businesses in the performance of
this Contract,then the Contractor is in compliance with the"Uniform Relocation Assistance and Real Property
Acquisition Policies Act",as amended(Public Law 91-646,as amended and Public Law 100-17, 101 Stat.246-256);
and,
G. when applicable,the Contractor is in compliance with the provisions of the"Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments"(Common Rule).
7. By signing and submitting this Contract,the Contractor affirmatively avers that:
A. the Contractor is in compliance with the requirements of the"Drug-Free Workplace Act"(Public Law 100-690 Title V,
Subtitle D,41 U.S.C.701 et seq.);and,
B. The Contractor hereby certifies that it is not presently debarred,suspended,proposed for debarment,declared ineligible,
or voluntarily excluded from covered transactions by any federal department or agency. The Contractor agrees to comply
with all applicable regulations pursuant to Executive Order 12549,including,Debarment and Suspension and
Participants'Responsibilities,29 C.F.R.98.510(1990).
C. The Contractor agrees to comply with all applicable regulations pursuant to Section 319 of Public Law 101-121,
Guidance for New Restrictions on Lobbying,including,Certification and Disclosure,29 C.F.R.93.110(1990). •
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.
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.
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12. In accordance with Office of Management and Budget(OMB)Circular A-133(Audits of States,Local Governments,and Non-Profit
Organizations),ifthe 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 I 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-I22(Cost Principles for Non-Profit Organizations),whichever
is applicable. The Contractor shall furnish one(I)copy of the audit report(s)to the State's Accounting Office within thirty(30)
calendar days of issuance;but in no event later than nine(9)months after the end of the Contractor's fiscal year. If(an)instance(s)
of noncompliance with federal laws and regulations occurs,then the Contractor shall take all appropriate corrective action(s)within
six(6)months of the issuance of(a)report(s).
13. The Contractor shall grant to the State,or its authorized agents,access to the Contractor's relevant records and financial statements.
The Contractor shall retain all such records and financial statements for a period of three(3)years after the date of issuance of a final
audit report. This requirement is in addition to any other audit requirements contained in other paragraphs of this Contract.
14. Unless otherwise provided for in this Contract.for all contracts with terms longer than three(3)months,the Contractor shall submit
a written progress report,if required by this Contract,specifying the progress made for each activity identified in this Contract.
These progress reports shall be in accordance with the procedures developed and prescribed by the State. The preparation of
progress reports in a timely manner is the responsibility of the Contractor. If the Contractor fails to comply with this provision,then
such failure:may result in a delay of payment of funds;or,termination of this Contract. Progress reports shall be submitted to the
State no later than the end of each calendar quarter,or at such other time as may otherwise be specified.
15. The Contractor shall maintain a complete file of all records,documents,communications,and other materials which pertain to this
Contract. Such materials shall be sufficient to properly reflect all direct and indirect costs of labor,materials,equipment supplies,
and services,and other costs of whatever nature for which a contract payment was made. These records shall be maintained
according to generally accepted accounting principles and shall be easily separable from other records of the Contractor. Copies of
all such records,documents,communications,and other materials shall be the 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.
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.
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20. If required by the terms and conditions of a federal or state grant,the Contractor shall obtain the prior approval of the State and all
necessary third parties prior to publishing any materials produced under this Contract. If required by the terms and conditions of a
federal or state grant,the Contractor shall also credit the State and all necessary third parties with assisting in the publication of any
materials produced under this Contract.
21. Neither the Contractor nor the State shall be liable to the other for any delay in,or failure of performance of,any covenant or
promise contained in this Contract;nor shall any delay or failure constitute default or give rise to any liability for damages if,and
only to the extent that,such delay or failure is caused by a supervening cause. As used in this Contract,"supervening cause"is
defined to mean:an act of God,fire,explosion,action of the elements,strike,interruption of transportation,rationing,court action,
illegality,unusually severe weather,war,or any other cause which is beyond the control of the affected party and which,by the
exercise of reasonable diligence,could not have been prevented by the affected party.
22. It is expressly understood and agreed to between.the parties that the enforcement of the terms and conditions of this Contract,and all
rights of action related to such enforcement,shall be strictly reserved to the State and the named Contractor. Nothing contained in
this Contract shall give or allow any claim or right of action whatsoever to or by any third person. Nothing contained in this
Contract shall be construed as a waiver of any provision of the Colorado Governmental Immunity Act,section 24-10-101 et seq..
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 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
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Colorado,its departments,institutions,agencies,boards,officials,and employees is controlled and limited by the provisions of
section 24-I0-10 Let.seq.,C.R.S.,as now or hereafter amended.
31. The captions and headings used in this Contract are for identification only,and shall be disregarded in any construction of the terms,
provisions,and conditions of this Contract.
32. The parties hereto agree that venue for any action related to this Contract shall be in the City and County of Denver,Colorado.
33. All attachments to this Contract are incorporated herein by this reference and made a part hereof as if fully set forth herein. In the
event of any conflict or inconsistency between the terms of this Contract and those of any attachment to this Contract,the terms and
conditions of this Contract shall control. The list of attachments to this Contract are as follows:
Attachment A-Scope of Work
Attachment B-Schedule of Services
Attachment C-United States Department of Health and Human Services Poverty Guidelines
33. This Contract is the complete integration of all understandings between the parties. No prior or contemporaneous addition,deletion,
or other amendment hereto shall have any force or effect whatsoever,unless embodied herein in writing. No subsequent novation,
renewal,addition,deletion,or other amendment hereto shall have any force or effect unless embodied in a written contract executed
and approved pursuant to the Fiscal Rules of the State of Colorado.
•
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F. SPECIAL PROVISIONS
•
CONTROLLER'S APPROVAL
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.
BOND REQUIREMENT •
3. If this contract involves the payment of more than tiny 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,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 actor 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.
(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.
Page 9 of 11
(d) The contractor and labor unions will furnish all information and reports required by Executive Order,Equal Opportunity and
Affirmative Action of April 16,_1975,and-by the rules,regulations and Orders of the Governor,or pursuant thereto,and will permit access to
his books,records,and accounts by the contracting agency and the office of the Governor or his designee for purposes of investigation to
ascertain compliance with such rules,regulations and orders.
(c) 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 obstructor prevent my 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 provisions,including sanctions for non-
compliance;provided,however,that in the event the contractor becomes involved in,or is threatened with,litigation,with the subcontractor or
vendor as a result of such direction by the contracting agency,the contractor may request the State of Colorado to enter into such litigation to
protect the interest of the State of Colorado.
COLORADO LABOR PREFERENCE
6a. Provisions of CRS 8-17-101& 102 for preference of Colorado labor are applicable to this contract if public works within the State
are undertaken hereunder and are financed in whole or in part by State funds.
b. When a construction contract for a public project is to be awarded to a bidder,a resident bidder shall be allowed a preference against
a non-resident bidder from a state or foreign country equal to the preference given or required by the state or foreign country in which the non-
resident bidder is a resident. If it is determined by the officer responsible for awarding the bid that compliance with the subsection.06 may
cause denial of federal funds which would otherwise be available or would otherwise be inconsistent with requirements of Federal law,this
subsection shall be suspended,but only to the extent necessary to prevent denial of the moneys or to eliminate the inconsistency with Federal
requirements(CRS 8-19-101 and 102).
GENERAL
7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation;execution,
and enforcement of this contract. Any provision of this contract whether or not incorporated herein by reference which provides for arbitration
by any extra-judicial body or person or which is otherwise in conflict with said laws,rules,and regulations shall be considered null and void.
Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in
part shall be valid or enforceable or available in any action at law whether by way of complaint,defense,or otherwise. Any provision rendered
null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of
execution.
8. At all times during the performance of this contract,the Contractor shall strictly adhere to all applicable federal and state laws,rules,
and regulations that have been or may hereafter be established.
9. Pursuant to CRS 24-30-202.4(as amended),the state controller may withhold debts owed to state agencies under the vendor offset
intercept system for:(a)unpaid child support debt of child support arrearages;(b)unpaid balance of tax,accrued interest,or other charges
specified in Article 22,Title 39,CRS;(c)unpaid loans due to the student loan division of the department of higher education;(d)owed
amounts required to be paid to the unemployment compensation fund;and(e) other unpaid debts owing to the state or any agency thereof,the
amount of which is found to be owing as a result of final agency determination or reduced to judgment as certified by the controller.
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.
Page 10 of 11
I I. The signatories aver that to their knowledge,no state employee has any personal or beneficial interest whatsoever in the service or
property described herein.
IN WITNESS WHEREOF,the parties hereto have executed this Contract on the day first above written.
Contractor: Weld County Board of Commissioners State of Colorado
(Full Leg me) WELD CCOODUNTTYY DEPARTMENT O EALTH ROY ROMER,GOVERNOR
By Lo ' nc .,a rberD 0 /
Position(Title) Chair By
846000813
Social Security Number or Federal I.D.Number Department of
PUBLIC HEALTH AND ENVIRONMENT
If Corporation,Town/Ci /County,or E . a
1. r\ PROGRAM APPROVAL: Li L 1. -471.2
Attest(Affix Seal)
Ry
CtdepONWYSetJax a a'
Deputy Clerk toy g Oa ; cl r
( ���,��, -Cl,t APPROVALS:
ATTORNEY GENERAL CONTROLLER ( �{�/��
By By � `-'Lr�- re at Gale A.Norton
Clifford W.Hal u
WELD COUNTY DEP RTMENT `
BY:
HN S. PICKLE, M.S.E.H.
DIRECTOR
Page 11 of 11
ATTACHMENT A
STATEMENT OF WORK
Contract dated August 8, 1998, between the Department of Public Health and Environment,
hereinafter referred to as State,
and WELD COUNTY DEPARTMENT OF HEALTH, hereinafter referred to as Contractor
1. The Contractor will provide breast and cervical cancer screening and diagnostic
services for women aged 40 and above as per the Schedule of Services, which is attached hereto
as Attachment B and incorporated herein by this reference.
2. The Contractor agrees to utilize the following guidelines as the standard for
screening women for breast and cervical cancer:
Uterine Cervix
Women aged 40 and older can receive an annual Pap smear with a pelvic examination.
After three or more consecutively satisfactory normal annual examinations, the Pap smear
may be performed less frequently at the physicians discretion.
Contractors who provide services under the CWCCI are required to use the ACOG Technical
Bulletin#183, August 1993, "Cervical Cytology: Evaluation and Management of Abnormalities"
and JAMA "Interim Guidelines for the Management of Abnormal Cervical Cytology" (JAMA
1994; 271; 1866-9) as a guide for following women with cervical abnormalities.
Breast
An annual physical breast examination for women aged 40 and older.
Mammography screening should be targeted to women aged 50 and older. At least
75% of the women enrolled for mammography in the CWCCI must be 50 years and
older. For women aged 40-49, priority for enrollment in the CWCCI should given be
those women who have symptoms of breast cancer. Women aged 40-49 must not
exceed 25% of the women enrolled for mammography.
Contractors who provide services under the CWCCI are required to use the Assessment and
Management of Breast Complaints and the Breast Imaging Algorithm as guidelines for
following women with breast abnormalities. These guidelines are attached hereto as Attachments
Aland A2 and incorporated herein by this reference. Also, CWCCI Contractors are required to
use the "Evaluation of Common Breast Problems: A Primer for Primary Care Providers" as a
guide for following women with breast abnormalities.
The Contractor agrees that only qualified personnel who are licensed or certified professionals will
conduct medical examinations, operate the equipment, conduct the tests and interpret results.
Medical personnel performing the physical breast examinations must be Physicians, Nurse
Page 1 of 4
Practitioners, Physicians Assistants or Nurse Midwives or be deemed qualified by the Contractor's
Medical Director and have received formal training to perform the clinical services.
Cytology laboratories must be in compliance with the federal Clinical Laboratory Improvement
Act of 1988 (CLIA-88).
Mammography centers must be certified by the Food and Drug Administration (FDA) and in
compliance with the Mammography Quality Standards Act of 1992.
3. The Contractor is required to notify the CWCCI to enter into agreements with, or
to change providers of mammography and cytology laboratory services.
4. The Contractor agrees to send at least one agency representative to a mandatory
annual Service Provider meeting.
5. The Contractor agrees to provide culturally sensitive services to the target priority
populations as defined by the program: uninsured and under-insured older women who are racial,
ethnic and cultural minorities, such as American Indians, African-Americans, Hispanics,
Asian/Pacific Islanders, Lesbians, and women with disabilities, and women who live in hard to
reach communities in urban and rural areas.
6. The Contractor agrees to seek reimbursement for services only for those women
who meet the following eligibility criteria:
a) Live in Colorado; or, live in a state bordering Colorado and receive breast /
cervical health care in Colorado;
b) Have family income at or below 200% of the federal poverty level and receive
appropriate documentation from the women to assure her income qualifies her for
the program;
c) Not have health insurance that would cover these services; women with Medicare-
Part B coverage are not eligible for these services;
d) Not have had a mammogram or Pap in the past 12 months; and
e) Meet the Clinical Eligibility Criteria established by the program.
7. The Contractor agrees to provide data on the program designated forms to the
CWCCI including total number of women screened for breast and cervical cancer, clinical results
of all exams, and results from tracking and follow-up for symptomatic women or those with a
screen detected abnormality. This data will be integrated into the Service Delivery System,
Tracking and Follow-up System, Case Compliance Summary system, and the Fiscal Management
System that are maintained by the CWCCI.
Page 2 of 4
8. The Contractor agrees to identify available sources of diagnosis and treatment and
to refer all women with abnormal findings who require diagnostic and treatment services to
appropriate medical practitioners for prompt diagnosis, evaluation and treatment. The Contractor
will assure that women receive appropriate diagnosis and treatment for abnormal findings. The
Contractor agrees to perform the necessary tracking of women with abnormal findings, and report
all diagnostic and treatment services provided to such women to the CWCCI unless the women
are lost to follow-up. Adequate tracking includes evidence of a certified letter sent and received
by the woman in need of further care, or returned due to lack of a forwarding address.
9. Funding for a Case Manager is being provided in the Schedule of Services (see
Exhibit B). This funding is to facilitate case enrollment, data completion, and data submission to
the CWCCI. This funding is based on $50 per case annually and consistent adherence to the
following standards of performance. Failure to accept funding for the Case Manager does not
exempt the Contractor from meeting these compliance standards.
a) Case enrollment forms must be submitted to the program for 90% or more of the
cases within 60 days of the dates of the most recent service performed.
b) Case enrollment forms must be submitted with essential information properly
completed in 90% or more of the cases.
c) Mammogram results must be submitted to the CWCCI in 90% or more of the cases
within 60 days of the service being provided. This information must be submitted on the
CWCCI designated form completed by mammography centers which include all required
data elements.
d) Mammogram results must have the essential information reported properly and
accurately in 90% or more of the cases submitted.
e) Cases involving screening breast or cervical abnormalities must have diagnostic
follow-up information including planned follow-up procedures provided to the CWCCI in
90% or more of the cases within 60 days from the date of detection of the abnormality.
This includes women who are referred to outside health care providers for diagnostic
procedures.
f) Breast and Cervical Diagnostic Follow-up Reports must be submitted with essential
information properly completed in 90% or more of the cases.
g) Women with screening abnormalities will be required to have either completed
diagnostic follow-up or have documentation of lost to follow-up submitted to the CWCCI
on every case (100%). A copy of the documented follow-up efforts must be submitted to
the CWCCI with the appropriate diagnostic follow-up form. The minimum follow-up
effort accepted will be one registered/certified letter, but also could include telephone and
regular mail contacts.
Page 3 of 4
h) Planned diagnostic follow-up procedures must be completed and submitted to the
CWCCI in 90% of the cases within 60 days of the planned date. The completed procedure
does not have to be the same as the one planned, but follow-up must be completed in the
recommended time frame to allow for continuity of care.
I) Women with cervical abnormalities of CIN II or more severe, or a breast
malignancy must have completed or initiated treatment information submitted to the
program in 90% of the cases within 60 days following the date of diagnosis.
j) Women with cervical abnormalities of CIN II or more severe, or a breast
malignancy will be considered lost to follow-up in 10% or less of cases. A copy of the
documented follow-up efforts must be submitted to the CWCCI with the appropriate
diagnostic follow-up/treatment form. The minimum follow-up effort accepted will be one
certified letter with patient receipt, but also could include telephone and regular mail
contacts which will be documented and submitted to the CWCCI on the follow-up form.
k) The CWCCI computer generated breast and cervical follow-up forms must be
accurately completed and submitted for 90% or more of the cases within 60 days of the
date of form production.
Payment for the Case Manager fee is predicated on the Contractor's continued compliance
with the above standards. Any of the above standards on which there has been non-compliance
will require the Contractor to develop, submit and adhere to a remediation plan and bring the
standard(s) into compliance within thirty days. More than two breaches of compliance regardless
of remediation, or any one without an approved remediation plan within thirty days during the
term of this amendment may result in cessation of funding for the Case Manager.
Page 4 of 4
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SCHEDULE OF SERVICES
Fiscal Year 1999
SCREENING REIMBURSEMENT
RATE
Mammogram $ 64.73
Clinical Breast Exam $ 27.75
Pelvic Exam $ 27.75
Pap Lab (by Cytotech) $ 7.15
DIAGNOSTIC
Repeat Clinical Breast Exam $ 27.75
Surgical/Medical Consultation $ 77.25
Diagnostic Mammogram $ 76.27
Repeat Mammogram $ 64.73
Breast Ultrasound $ 65.29
Fine Needle Aspiration(FNA) $204.61'
U/S Guided FNA $ 330.09
Stereotactic Core Biopsy $623.04
Ultrasound Guided Core Biopsy $ 353.99
Eiecisional Biopsy $543.10
Repeat Pelvic Exam $ 27.75
Repeat Pap Lab $ 7.15
Colposcopy $ 48.53
Colposcopy with Biopsy $ 134.90
Tracking and Follow-up @ 15% of total services provided monthly
Travel Allowances at 1% of the total services provided monthly
Case Manager at$50.00 per new screen
h:/sd/reimb99.tbl ATTACHMENT B
1999 UNITED. STATES DEPARTMENT OF HEALTH AND
HUMAN SERVICES POVERTY GUIDELINES
HOUSEHOLD 100% POVERTY 200% POVERTY
Size Annual Monthly Annual Monthly
I $ 8,500 $ 671 $16,100 $1342
2 $10,850 $ 904 $21,700 $1808
3 $13,650 $1138 $27,300 $2275
4 $16,450 $1371 $32,980 $2742
5 $19,250 $1604 $38,500 $3208
6 $22,050 $1838 $44,100 $3675
7 $24,850 $2071 $49,700 $4142
8 $27,650 $2304 $55,300 $4608
ATTACHMENT C
pov99.th1/04-23-98
mEmoRAnDum
V I o Constance L. Harbert, Chair
To Board of County Commissioners Dote August 20,1998'
COLORADO
From John Pickle, Director, Health Department itca
Subject
Cancer Prevention Contract
Enclosed for Board review and approval is a contract between the Colorado Department of
Public Health and Environment and Weld County Health Department for breast and cervical
cancer screening and diagnostic services for women aged 50 and over.
The State has received excess funding for this program in the past few years. Therefore, there is
no limit to the amount of screenings we may perform and be reimbursed for women who meet
the eligibility guidelines. The expenses meet or exceed Weld County Health Department's
expenses to provide these services.
The term of the contract is from August 15, 1998 through August 14, 1999. I recommend your
approval.
Enc.
981552
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