HomeMy WebLinkAbout980092.tiff RESOLUTION
RE: APPROVE AMENDMENT#1 TO CHLAMYDIA TESTING CONTRACT 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 Amendment#1 to the Chlamydia
Testing Contract between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, on behalf of the Health Department, and the Colorado
Department of Public Health and Environment, commencing January 1, 1998, and ending
December 31, 1998, with further terms and conditions being as stated in said amendment, and
WHEREAS, after review, the Board deems it advisable to approve said amendment, a
copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that Amendment#1 to the Chlamydia Testing Contract between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, on behalf of the 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 amendment.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 21st day of January, A.D., 1998, nunc pro tunc January 1, 1998.
BOARD OF COUNTY COMMISSIONERS
vew,
WE� COUNTY, COLORA'
ATTEST: l ��i 1,N,�4 4/ (/�/e< ram.
• f•f
/� e Constance L. -Harb�,art, Chairh 0
WeldCou y °: ey�r�`, //�/ �( ���1/)- q.
i 44i W. H. ebster, Pro-T m
1�frl,� 7r7 e a
Deputy � . Ni
Georg et. Baxter
APPROV AS TO ORM: EXCUSED
Dale K. Hall //
y Attor ey f lh'G// i_e_ �1./2 j/7, �c ,ZA
Barbara J. Kirkmeyer O
980092
I /, : NGI5/ HL0024
Form 6-AC-02A (R 1/88)
DEPARTMENT OR AGENCY
NUMBER
26000--FHA
CONTRACT ROUTING NUMBER
98-07899
AMENDMENT#1
CONTRACT
THIS CONTRACT,made this 11th day of December, 1997, by and between the State of Colorado
for the use and benefit of the Department of Health, 4300 Cherry Creek Drive South, Denver,
Colorado 80222-1530 hereinafter referred to as the State, and Weld County Health Department
1517 16th Avenue Court. Greeley. Colorado. 80631 hereinafter referred to as the Contractor.
WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and
otherwise made available and a sufficient unencumbered balance thereof remains available for
payment in Fund Number 100 , APPR code 367, Contract Encumbrance Number FHA
EPI970627 ; and
WHEREAS, required approvals, clearances and coordinations have been accomplished from and
with the appropriate agencies and;
'WHEREAS, the parties entered into a contract dated January 1, 1997, Contract Encumbrance
Number EPI9706275, Contract Routing Number 97-06275; hereinafter referred to as "original
contract", whereby Contractor was to provide certain services to the State; and
WHEREAS, the State and the Disease Control and Environmental Epidemiology Division of the
Colorado Department of Public Health and Environment (CDPHE) has received funding to
provide chlamydia testing services to the people of Colorado; and
WHEREAS,the State has entered into an agreement with the Contractor to provide said services;
and
WHEREAS, it is the intention of the parties to renew and amend the original contract
EPI9706275 by Three Thousand One Hundred Fifty Dollars ($3.1501 for the period of January
1, 1998 through December 31, 1998 to provide for additional services.
NOW THEREFORE, it is hereby agreed that for and in consideration of their mutual promises
to each other, hereinafter stated, the parties hereto agree as follows:
Page 1 of 5 Pages
980092
1. Consideration for this amendment to the original contract, contract encumbrance number
EPI9706275, contract routing number 97-06275, dated January 1, 1997, consists of
payments which shall be made pursuant to this agreement and the promises and agreements
herein set forth.
2. It is expressly agreed by the parties that this contract is supplemental to the original
contract, EPI9706275,contract routing number 97-06275, dated January 1, 1997 for the
amount of$3,600, which is by this reference made a part hereof as Exhibit 1. All terms,
conditions and provisions thereof,unless specifically modified herein, are to apply to this
contract as though they were expressly rewritten, incorporated and included herein.
3. It is agreed that the original contract EPI9706275,between the State of Colorado and Weld
County Health Department shall be, and is hereby modified, altered and changed in the
following respects only:
A. By amending the first sentence of paragraph 2 of the original contract EPI9706275
as follows:
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 One Hundred Fifty
Dollars ($3.150)for the period beginning January 1, 1998 through December 31,
1998.
B. By amending paragraph 3 to read:
The following budget shall govern the expenditures 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 and STD Clinics
January 1. 1998- December 31. 1998
a. Family Planing Clinic Chlamydia tests
(250 tests Q $7.50 each) $1,875
b. STD Clinic Chlamydia tests
Females and Male contacts
(170 0 $7.50 each) $1.275
TOTAL $3,150
C. By adding paragraph 7 to the original contract EPI9706275 as follows:
7. The Contractor will assure the quality of chlamydia control activities
(screening, treatment, and partner management) through a chart review
process to be agreed upon in conjunction with the State.
Page 2 of 5 Pages
980092
4. The effective date of this amendment is January 1, 1998.
5. Except for the "General Provisions" and "Special Provisions", in the event of any
conflict, inconsistency, variance or contradiction between the provisions of this
amendment and any of the provisions of the original contract, the provisions of this
amendment shall in all respects supersede, govern and control. The "Special Provisions"
shall always be controlling over other provisions in the contracts or amendments. The
representations in the Special Provisions concerning the absence of bribery or corrupt
influences and personal interest of State employees are presently reaffirmed.
6. FINANCIAL OBLIGATIONS OF THE STATE PAYABLE AFTER THE CURRENT
FISCAL YEAR ARE CONTINGENT UPON FUNDS FOR THAT PURPOSE BEING
APPROPRIATED, BUDGETED AND OTHERWISE MADE AVAILABLE.
7. THIS AMENDMENT 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.
Page 3 of 5 Pages
9800n?
SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
1 .This contract shall not be deemed valid until it shall have been approved by the Controllerof 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 obligationsof the State of Colorado payable after the current fiscal year are contingentupon 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 contractorshall,before entering upon the performance of any such
work included in this contract,duly execute and deliver to the State official who will sign the contract,a good and sufficient bond or other acceptable surety
to be approved by said official in a penal sum not less than one-half of the total amount payable by the terms of this contract. Such bond shall be duly
executed by a qualified corporate surety conditioned upon the faithful performance of the contract and in addition,shall provide that if the contractor or
his subcontractors fail to duly pay for any labor, materials,team hire, sustenance, provisions,provender or other supplies used or consumed by such
contractor or his subcontractor in performance of the work contracted to be done or fails to pay any person who supplies rental machinery,tools,or
equipment in the prosecution of the work the surety will pay the same in an amount not exceeding the sum specified in the bond,together with interest at
the rate of eight per cent per annum. Unless such bond is executed,delivered and filed,no claim in favor of the contractor arising under such contract shall
be audited,allowed or paid. A certified or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu
of a bond. This provision is in compliance with CRS 38-26-106.
INDEMNIFICATION
4.To the extent authorized by law,the contractor shall indemnify,save,and hold harmless the State,its employees and agents,against any and all claims,
damages,liability and court awards including costs,expenses,and attorney fees incurred as a result of any 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 contractoragrees to comply with the letter and spirit of the Colorado AntidiscriminationAct of 1957,as amended,and other applicable law respecting
discriminationand 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 contractorwill not discriminateagainst any employee or applicant for employmentbecause of race,creed,color,national origin,sex,marital status,
religion,ancestry,mental or physical handicap,or age.The contractorwill take affirmativeaction 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,recruitmentor recruitmentadvertising;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 contractorwill,in all solicitations or advertisements for employees placed by or on behalf of the contractor,state that all qualified applicants will
receive considerationfor employmentwithout regard to race,creed,color,national origin,sex,marital status,religion,ancestry,mental or physical handicap,
or age.
(c)The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or
understanding,notice to be provided by the contracting officer,advising the labor union or workers'representative of the contractor's commitment under
the Executive Order,Equal Opportunity and Affirmative Action,dated April 16, 1975,and of the rules,regulations,and relevant Orders of the Governor.
(d)The contractorand labor unions will furnish all informationand 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 discriminatoryor obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder;or attempt,either
directly or indirectly,to commit any act defined in this contract to be discriminatory.
(g) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules,regulations,or orders,
this contract may be canceled,terminated or suspended in whole or in part and the contractor may be declared ineligible for further State contracts in
accordance with procedures,authorized in Executive Order,Equal Opportunityand Affirmative Action of April 16,1975 and the rules,regulations,or orders
promulgated
Form 6-AC-02C(GEN06O197)Revised 06/01/97 Page 4 of 5 Pages
980092
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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 subcontractoror vendor. The contractorwill 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 subcontractoror 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 preferencegiven 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
incorporatedherein 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 whetherby 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. Pursuantto CRS 24-30-202.4(as amended),the state controllermay withhold debts owed to state agencies under the vendor offset intercept system for:
(a)unpaid child support debt of child supportarrearages;(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.
11. The signatories aver that to their knowledge,no state employee has any personal or beneficial interest whatsoever in the service or property described
herein.
IN WITNESS WHEREOF,the parties hereto have executed this Contract on the day first above written.
Contractor: State of Colorado
(Full Legal Name) WELD COUNTY BOARD 00 6COM�MIIlSSIONERS ROY ROMER,GOV:' aR
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By Cii,74-7?-tceZ-c
gel
Position(Title) Constance L. Harbert, Chair By S St l 'VA
(01/21/98)
840600813 B
Social Security Number or Federal I.D.Number Department
'-11•11GJ6j� of PUBLIC HEALTH AND ENVIRONMENT
If Corporation,Town/ • /!�� r f 0
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PROGRAM APPROVAL: ")
Attest(Affix Seal) ► r i� ''' L t'"0
`� L.A.Koleski,Jr.,Fiscal Officer
By 4 e„ Eth COON ALTH DEPARTMF<NT
es� - De.ut
6atl4tattz8eaenycaa. : Kerb: -..r'"�. . i, .,Clerk to the Board '
`' ` ilM APPROVALS EB •
u S. PI KEE, M.S.E.H.
ATTORNEY GENERAL Att0(ne -neral CONTROLLER DIRECTOR
By ,Gkm.— APP OVALS:
By TE CONTROLLER
eeTT
Gale A.Norton Clifford vv.n I y
C. Pilchard F ning�torl CL! F d'. 1-
Form �Ift qqq [ '
6-AC-02C(GEN060197)Revised 06/9$st&tant tOrDeY g 5 wfhich is the last of 5 pages /� I /�/���-,]f� ' 'qt /'.o
memoRAnDum �r { COL,,.;T
WIID€ Constance L. Harbert, Chair 19 ' �t Fii �: 40
To Board of County Commissioners Date January 1
COLORADO
From John Pickle, Director, Health Depart HE EC ?,
Subject: Amendment #1 to Chlamydia Testing C tract
Enclosed for Board review and approval is Amendment #1 to the Chlamydia Testing Contract
between the Colorado Department of Public Health and Environment and Weld County Health
Department(WCHD).
This amendment provides for reimbursement to WCHD for chlamydia tests done in our sexually
transmitted disease and family planning clinics. The amount of this amendment is not to exceed
$3,150 for the time period January 1, 1998 through December 31, 1998.
I recommend your approval of this amendment.
980052
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