HomeMy WebLinkAbout970107.tiffRESOLUTION
RE: APPROVE CONTRACT FOR CHLAMYDIA TESTING 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 Chlamydia Testing
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 January 1, 1997, and
ending December 31, 1997, 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 Chlamydia Testing 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 20th day of January, A.D., 1997, nunc pro tunc January 1, 1997.
ATTEST:
Weld C
BY.
V
ray Clerk to the Bear
eputy
BOARD OF COUNTY COMMISSIONERS
WELg COUNTY,CLORADO
George E. Baxter, Chair
Y.719-cZecf
nce L. Harbert, Pro -T; m
Dale K. Hall
tf tLt {A_
Barbara J. Kirkmeyer
W. H(. -Webster
(
970107
HL0023
11oa 6 -AC -02A (R 1/68)
DEPARTMENT OR AGENCY
NUMBER
26000 —FAA
CONTRACT ROUTING NUMBER
97-06275
CONTRACT
THIS CONTRACT, made this 1st day of January, 1992, 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, CO R0611 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 167 , Contract Encumbrance Number FAA
F1319706275; and
WHEREAS, the State has formulated comprehensive plans relative to the statewide control
of Sexually Transmitted Disease (STD); and
WHEREAS, in order to implement said comprehensive plan, the State has established
provisions by which to provide supplementary support to various local health departments and
community based service organizations; and
WHEREAS, the Contractor is considered by the State to be an appropriate agency to
provide the services as 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 hereto agree as follows:
1. The Contractor will be responsible for submitting acceptable data as determined by the
Colorado Department of Public Health and Environment, Disease Control and Environmental
Epidemiology Division on all persons tested for chlamydia in the Family Planning and STD
clinics.
2. The State will, in consideration of said services by the Contractor, cause to be paid to the
Contractor a total sum not to exceed Three Thousand Six Hundred Dollars (11 ,1100) for the period
between January 1, 1997 and December 31, 1997. Funding for subsequent funding periods will
be set forth in a Renewal Letter to be signed by the State and the Contractor and approved by the
State Controller or an authorized designee (copy attached and by this reference made a part hereof
Page 1 of 7 Pages
970197
as Attachment A). The dollar amount is subject to change based on differences between estimated
and actual funding appropriations and legislative approval. Reimbursement shall be conditioned
upon affirmation by the State STD/AIDS Program that services were rendered in accordance with
this contract, as follows:
a. Upon receipt of signed monthly statements submitted in duplicate within sixty days
following the end of the month during which services were rendered, requesting
reimbursement. Said statements shall set forth dates, names of payees, brief
description of expenditures, amounts, and total requested. Copies of invoices shall
be submitted for any equipment items purchased and costing over $1,000.
Reimbursement shall be conditioned upon affirmation by the State STD/AIDS
Program, that all services were rendered in accordance with the terms of this
contract.
b. The Contractor will return equipment purchased through this contract if so
requested by the State. An inventory number will be assigned by the State and
shall be affixed to this equipment by the Contractor who will confirm this in a
letter to the State. The equipment inventory is required to be verified annually;
3. The following budget shall govern the expenditure of funds by the Contractor as well as
subsequent reimbursement by the State. Transfer of funds from one line item to another must
have prior written approval of the State:
Chlamydia Testing in Family Planning/STD Clinics
January 1, 1997 - December 31,1997
Family Planning Clinic chlamydia tests
(235 @ $7.50 each)
STD Clinic chlamydia tests (women & male contacts)
(245 @ $7.50 each)
TOTAL BUDGET
$1,762.50
$1,817 50
$3,600.00
4. Changes in total reimbursement amounts for above named services in consideration of
increased or decreased levels of utilization in the original contract shall be made by a mutually
signed Change Order Letter approved by the State Controller or his designee in the form attached
hereto as Attachment B, subject to the following conditions:
a. Identification of contract by contract number and number of affected paragraph;
b. Amount of increase or decreay. in funding and amount of change in number of
clients to be served;
c. Intended effective date of funding change;
d. Authorized signatures of the Contractor, the Program, the Health Department and
the State Controller or an approved designee. It is understood that no change
except funding amounts and the resulting change in client numbers, may be made
Page 2 of 7 Pages
970197
through the Triter of Approval. Any other changes will be made by an amendment
to this contract;
e. A provision stating that the change shall not be deemed valid until approved by the
State Controller or such assistant as he may designate. Upon proper execution and
approval, such Letter shall become an amendment to this Contract and, except for
the General and Special Provisions in the Contract, the Letter shall supersede the
Contract in the event of a conflict between the two.
5. The State and Contractor agree that additional funds may be awarded to expand or extend
activities. Should such funds become available, they will be awarded by an amendment to this
contract.
6. The term of this contract is beginning January 1, 1997, and continuing through December
31, 1997 with the option to renew the contract for two additional one year periods.
Page 3 of 7 Pages
9701.97
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.
f) 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
Rev. 06/01/92 (GEN070595)
w
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 nal 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 furnish 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/does-not) 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
Rev. 06/01/92 (GEN070595)
SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
1 . This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate. This
provision is applicable to any contract involving the payment of money by the State.
FUND AVAILABILITY
2. Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and
otherwise made available.
BOND REQUIREMENT
3. If this contract involves the payment of more than fifty thousand dollars for the construction, erection, repair, maintenance, or improvement of any building, road.
bridge, viaduct, tunnel, excavation or other public work for this State, the contractor shall, before entering upon the performance of any such work included in this
contract, duly execute and deliver to the State official who will sign the contract, a good sad 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, expense; and attorney fees incurred as a result of any act or omission by the contractor, or its employees, agents,
subcontractors, or assignees pursuant to the terms of this contract
DISCRIMINATION AND AFFIRMATIVE ACTION
5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law respecting
discrimination and unfair employment practices (CRS 24-34-402), and as required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16,
1975. Pursuant thereto, the following provisions shall be contained in all State contracts or sub -contracts.
During the performance of this contract, the contractor agrees as follows:
(a) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, marital status, religion,
ancestry, mental or physical handicap, or age. The contractor will take affirmative action to insure that applicants are employed, and that employees are treated during
employment, without regard to the above mentioned characteristics. Such action shall include, but not be limited to the following: employment upgrading, demotion,
or transfer, recruitment or recruitment advertisings, layoffs 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, regulation; 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 (GENo7o595)
5 of 6 pages
Revised 1/93
395-53-01-1022
Page 6 of 7 Pages
S701..97
(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
• 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 contact fix 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 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 nr s-e<=ry 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 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.
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 Lega ame) WELD COUNTY, COLORADO
By / - �
ChYAIR, �4ELD COUNTY
BOARD OF COMMTSSIONERS
Position (Title)
84-6000813
Social Security Number or Federal I.D. Numb
Form 6 -AC -02C (GEN070595)
Revised 1/93
395-53-01-1030
0/4270,47
JOHN S. PICKLE
DIRECTOR
aBy
Page 7 of 7 Pages
State of Colorado
ROY ROMER, QOVERNOR
Executive Director
For: The Colorado Department of Public Health &
Environment
APPROVALS
ATTORNEY GENERAL
By
CONTROLLER
Gale
C. Richard ' ennington
Assistant Attorney Genera,
state Services Section
Clifford W. Hall
k--�- 'Hal% HALL
L.IA. K s Jr, Fiscal Officer
?4L/2 (/1 • _sYiLLI
970107
ATTACHMENT A
STATE OF COLORADO
COLORADO DEPARTMENT OF HEALTH
Dedicated to protecting and improving the health and
environment of the people of Colorado
4300 Cherry Creek Dr. S. Laboratory Building
Denver, Colorado 80222-1530 4210 E. 11th Avenue
Phone: (303) 692-2000 Denver, Colorado 80220-3716
(303) 691-4700
Date
State Fiscal Year 19_-_
Contract Renewal Letter No. _
Roy Romer
Governor
Patricia A. Nolan, MO, MPI I
Executive Director
Routing Number=
In accordance with Paragraph _ of contract routing number - of contract number
(copy attached and by this reference made a part hereof) between the State of Colorado Department of
Health (Disease Control and Environmental Epidemiology Division) and
covering the period of , 19_ through , 19 the undersigned agree that
the maximum amount payable by the State for eligible services is $ . The terms and conditions
of the original contract shall remain the same.
This amendment to the contract is intended to be effective as of / / , but in no event shall it be
deemed valid until it shall have been approved by the State Controller or such assistant as he may
designate.
Please sign, date, and return all copies of this letter on or before , 19 to:
Audrey Christensen
Colorado Department of Health
DCEED-ADM-A3
4300 Cherry Creek Drive South
Denver, Colorado 80222-1530.
A verified copy of this letter will be returned to you when it is fully approved.
(Contractor)
State of Colorado:
Roy Romer, Governor
By: By:
Name Lee Thielen, Assistant Director
Title For the Executive Director
Colorado Department of Health
APPROVALS:
By:
Lee Koleski, Fiscal Officer
Disease Control and Environmental
Epidemiology Division
By:
State Controller or
Authorized Designee
2701.0'7
TACHNEU V
STATE OF COLORADO
COLORADO DEPARTMENT OF HEALTH
Dedicated to protecting and improving the health and
environment of the people of Colorado -
4300 Cherry Creek Dr. S. Laboratory Building
Denver, Colorado 80222-1530 4210 E. 11th Avenue
Phone: (303) 692-2000 Denver, Colorado 80220-3716
(303) 691-4700
Date
State Fiscal Year 19_-_
Change Order Letter No.
Routing Number -
Roy Romer
Governor
Patricia A. Nolan, MD, MPH
Executive Director
In accordance with Paragraph _ of contract routing number - , , (copy attached and
by this reference made a part hereof) between the State of Colorado Department of Health (Disease
Control and Environmental Epidemiology Division) and
covering the period of , 19_ through , 19 the undersigned agree that the
maximum amount payable by the State for eligible services in Paragraph _ is being increased by
$ to a new total of $ . The first sentence in Paragraph _ is hereby modified
accordingly. The terms and conditions of the original contract shall remain the same.
This amendment to the contract is intended to be effective as of / / , but in no event shall it be
deemed valid until it shall have been approved by the State Controller or such assistant as he may
designate.
Please sign, date, and return all copies of this letter on or before , 19 to:
Audrey Christensen
Colorado Department of Health
DCEED-ADM-A3
4300 Cherry Creek Drive South
Denver, Colorado 80222-1530.
A verified copy of this letter will be returned to you when it is fully approved.
(Contractor)
State of Colorado:
Roy Romer, Governor
By: By:
Name Lee Thielen, Assistant Director
Title For the Executive Director
Colorado Department of Health
APPROVALS:
By:
Let Koleski, Fiscal Officer
Disease Control and Environmental
Epidemiology Division
By:
State Controller or
Authorized Designee
("04 7
® Printed on Receded Pape,
COLORADO
‘1111'r.gi
mEmoRAnDum
To George Baxter, Chair Date
Board of Commissioners
From John Pickle, Director, Health Department
Subject: Chlamydia Testing Contract
January 15, 1977
Enclosed for Board review and approval is a contract between the Colorado Department of
Public Health and Environment and Weld County Health Department for Chlamydia Testing in
Family Planning and STD Clinics for the period January 1, 1997 through December 31, 1977.
The amount of the contract is for $3600.00.
I recommend approval of this contract
Enclosures
970107
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