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RESOLUTION
RE: APPROVE CONTRACT FOR ASSIST PROJECT 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 the ASSIST (American
Stop Smoking Intervention Study) Project 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 October 1, 1996, and ending September 30, 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 the ASSIST Project 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 July, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
-opos,,, 4W D COUNTY, COLO 0
.4 ./(44., ,,/:
<Pi r . , , ' /��2'v�^ / Barbara J. Kirkmeyer Chair
• _ ; . y ty Clerk to the Board I/')
,of A, I E. Baxter, Pro e
l eputy CI-r to the Board
a> Hall
APP ED AS FXCI ismr)ATF OF SIfNINf; (AVE
)4ltorneyConstance L. Harbert / (�iir f�liC
W. H. ester
961293
ee ; ;sricire HL0022
STATE OF COLORADO
Roy Romer,Governor of Co-
Patti Shwayder,Executive Director ;DOE
Dedicated to protecting and improving the health and environment of the people of Colorado �c
4300 Cherry Creek Dr.S. Laboratory Building ,s .,,,;;•� •i
Denver,Colorado 80222-1530 4210 E.11th Avenue \IS7G
Phone(303)692-2000 Denver,Colorado 802 2 0-3 71 6
(303)691-4700 Colorado Department
of Public Health
and Environment
September 26, 1996
Judy Nero
Weld County Health Department
1517 16th Avenue Court
Greeley, CO 80631
Reference: American Stop Smoking Intervention Study (ASSIST)
Contract PPG9705034
Dear Ms.Nero:
Enclosed for your records is the fully-signed, executed original contract referenced above. If you
have programmatic questions regarding this contract,please contact Nancy Salas at 692-2515.
If you have fiscal or billing questions, please contact me at 692-2502.
We look forward to working with your agency again this year to reduce the prevalence of
tobacco use in your community and statewide. Thank you.
Sincerely,
Juli errick
• cal Officer
Division of Prevention Programs
Form 6-AG02A (R 5/91) Department or Agency Name
Health&Environment
Department or Agency Number
Contract Routing Number
9705034
CONTRACT
THIS CONTRACT,made this 3rd day of,lypg 1996,by and between the State of Colorado for the use and benefit of the
Department of PUBLIC HEALTH&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..80631 hereinafter referred to as the contractor.
WHEREAS,authority exists in the Law and Funds have been budgeted,appropriated and otherwise made available and a
sufficient uncommitted balance thereof remains available for encumbering and subsequent payment of this contract under Encumbrance
Number FLA FPG9705034,in Fund Number 199_,Appropriation Account 7 ,and Organization 7370
WHEREAS,required approval,clearance and coordination has been accomplished from and with appropriate agencies; and
WHEREAS,tobacco use is the leading preventable cause of death and disability in Colorado; and
WHEREAS,the State of Colorado and the Division of Prevention Programs, Colorado Department of
Public Health& Environment has received funding from the National Cancer Institute (NCI)to conduct an
American Stop Smoking Intervention Study (ASSIST)to reduce the prevalence of smoking by the year 2000; and
WHEREAS,the National Cancer Institute has approved the Colorado ASSIST 1996-97 Annual Action Plan
and Channel deliverables; and
WHEREAS, the Contractor is considered by the State to have the necessary expertise and personnel to
assist with implementation of the 1996-97 Annual Action Plan and the services herein set forth.
NOW THEREFORE, it is hereby agreed that for and in consideration of their mutual promises to each other,
hereinafter stated, the parties agree as follows:
1. The Contractor agrees to provide the following services:
a. By 1997, demonstrate participation in efforts to promote comprehensive school health education.
b. Develop partnerships with other community groups to promote action on tobacco issues within
their organizations after ASSIST funding ends.
c. Train health care providers.
d. Develop partnerships with unions, business organizations, chambers and minority businesses that
will promote and support smokefree policies.
e. Develop partnerships to advocate for the general public's protection from secondhand smoke.
Page 1 of 6 Pages
2. The Contractor will provide monthly progress reports towards accomplishment of activities stated above
for the Weld Primary Intervention Community(PIC). The Contractor is required to attend the Colorado
ASSIST Alliance State meetings, training and other meetings required by the Colorado ASSIST Project
Manager.
3. The Contractor will acknowledge Colorado ASSIST Alliance and its co-sponsors, the Colorado
Department of Public Health and Environment and the American Cancer Society, Colorado Division, on
any materials developed under this contract.
4. The State will,in consideration of said services by the Contractor,cause to be paid to the contractor a sum
not to exceed FIFTY-ONE THOUSAND SEVEN HUNDRED THREE DOLLARS, [$51,703.00
($48,703.00 for services detailed above and a maximum of$3,000.00 for training and professional
developmen)]. Prior approval by the ASSIST Project Manager for acceptable qand allowable training and
professional develolpment is required.Payment for training and professional development will be made
based on actual costs incurred. Reimbursement shall be conditioned upon affirmation by the ASSIST
Project that services were rendered in accordance with this contract as follows:
a. Upon receipt of signed monthly statements submitted in duplicate requesting reimbursement for
services rendered at the rate of$4.058.00 per month for eleven months(October, 1996-August,
1997)and$4.065,00 for one month(September, 1997)plus the amount requested for training and
professional development. Statements shall reference the contract number, list dates,dollar
amount requested,detailed and itemized expenses for training and professional development,brief
description of activities,and total amount requested.
b. Final statement shall be submitted not later than 60 days after completion of the contract term.
c. Said statements shall be sent to the Division of Prevention Programs, ASSIST Project,
PPD-ASSIST-A5, 4300 Cherry Creek Drive South, Denver, CO 80222-1530.
5. The term of this contract is beginning October 1. 1996 and continuing through September 30. 1997.
Page 2 of 6 Pages
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
pav when due all required employment taxes and income tax withholding. shall provide and
keep in force worker's 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-110, 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 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 •
Page 3 of 6 Pages
Rev. 06/01/92
GENERAL PROVISIONS--Page 2 2 pages
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, 101 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) .
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; and
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, Local 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-
aggre,gate 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 (1001)
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 4 of 6 Pages
Rev. 06701/92
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.Fmeeial obligations of the State of Colorado payable after the anent fiscal year are contingent upon funds for that purpose being appropriated,budgeted,and
otherwise made available.
BOND REQUIREMENT
3. If this contact 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 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 piety conditioned upon the faithful performance of the contract and in addition,shall provide that if the contractor or his subcontractors fad to duly pay
for any labor,materials,team hue,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 on amount not exceeding the sum specified in the bond,together with Serest at the rate of eight per ant per minim. Unless such bond is executed,
delivered and filed,no 'aim in favor of the contractor arising under such contract shall be audited,allowed or paid. A certified or cashier's dhedc or a bank money
order payable to the Measurer 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 count awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the contractor, or its employees, agents,
subcontractors,or assignees pursuant to the terms of this contract
DISCRIMINATION AND AFFIRMATIVE ACTION
5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as emended, 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 provision shall be conjoined In oil State contracts or sorb-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,aped,color,national origin,sex,marital status,religion,
ancesy,mental or physical handicap,or age. The contractor will take affirmative action to insure that applicants are employed, and that employees me 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,reauiinetht 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,regulations,and relevant Orders of the Governor.
(d)The contractor and labor unions will furnish all information and reports required by Executive Order,Equal Opportunity and Affirmative Action of April 16,
1975,and by the odes,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 ordas.
(e)A labor organization will not exclude any individual otherwise qualified horn 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 wait opportunity because of race,aced,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 contact 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-0213(GEN070595)
Revised 1/93
395-53-01-1022
page 5 of 6 pages
(g) In the event of the contractor's non-compliance with the non-discrimination douses of this contract a with any of such rules,regulations,or orders,this contract
may be canceled,terminated or suspended in whole a in pat and the contractor may be declared ineligible for further State connate in accordance with procedures,
aphorized in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975 and the rules, regulations, a 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 riles,regulations,or orders promulgated in accordance t eetwit,a as otherwise provided by law.
(h) The contractor will include the provisions of paragraphs(a)through gh(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 Apni 16, 1975,so that such provisions will be binding
aeon 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 ens into such litigation to protect the interest of the State of Colorado.
COLORADO LABOR PREFERENCE
62. 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
•state a foreign country equal to the preference given or required by the state a 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 cane 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 orto&m ornate the inconsistency with Federal requirements(CRS 8-19-101 ad 102).
GENERAL
7. The laws of the State of Colorado and it aid regulations issued pursuant thereto shall be applied in the interpretation,execution,and enforcement of this
contract. Any provision of this contract whether a not incorporated herein by reference which provides for arbitration by any extrajudicial body or person or
which is otherwisein conflict with said laws,nles,end regulations shall be considered null and void. Nothing contained in any provision ineorporaed herein by
reference which purports to negate this or any other special provision in whole a in par 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.
E. 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 a 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),
aid 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 a property described herein:
IN WITNESS WHEREOF,the parties hereto have executed this Contract on the day fast above written.
Contractor: Weld County Health Department State of Colorado
(pul(.i-_� ROY ROMER,GOVII2N0
�+yh�,r—w4rJ t 07/24/9 6
�� d o Commis: oners
� /thin yiil ��, Cha' By ni
( ` ri tit'►= 00813 B
� 1''^�'r tr T- or Federal LD.Number Department
it
s /�� of PUBLIC HEALTH AND ENVIRONMENT
'�'tsJ •+`�*+ ' WELD COUNTY HEA TH�D}EPARTMENfi
iri(•i+.t r� � r Q� 5ZotY��. ...t. 4...,
A� BY:
By a/1,/1 as . I r r� / 1 JOHN S. PICKLE
,:,P ,,:,.K-.r..��+, 7.i ,h : � ) ', .n "•., , a• to ktoard DIRECTOR
APPROVALS
-
.. In i .wn'I , 5
ATTORNEY GENERAL (a` A Wise, CONTROLLER -:7 �,'I; i�', ss r ' '54 • /�
B tiOfnPj neTat By ' ID l/t i'(We
Y / ✓/ �t ���
Gale A Norto� i / Clifford W.Hall
C. Richan "ennington
Ashistant Attorney Genera!
Fam6-AC-02C(GFN070595) State Services Section Page 6 which is the last of 6 pages
Revised 1ro3 a
395-530I-1030
PROGRAM APPROVAL:
MEMORAnDUM • � r.
VIED C Barbara Kirkmeyer, Chair F ;?
COLORADO To Board of County Commissioners oete July 19, 199�� i
From ✓ e
John Pickle, Director, Health Department y%,..,ac✓
Subject: ASSIST Project Contract
Enclosed for Board approval and signature is a contract between the Colorado Department of
Public Health and Environment and Weld County Health Department for the implementation of
the local Tobacco-Free Weld County Project.
The five objectives the project will be working on this year are as follows:
1. Promote tobacco prevention into the comprehensive school health curriculum.
2. Train health care providers on how to routinely advise cessation and provide
assistance and follow-up for all their patients who use tobacco products.
3. Promote the health and safety of the Colorado workforce by establishing and
maintaining positive reciprocal relationships with two workplaces and business
leaders, enlisting them in tobacco reduction activities.
4. Collaborate with two community groups to develop tobacco use reduction policies
within their organizations and to support activities that promote continuation of
community tobacco use reduction strategies.
5. Strengthen existing efforts by expanding and developing one partnership in
support of protecting the public from secondhand smoke.
The contract will award $48,703 for services and a maximum of$3,000 for training and
professional development over the time period October 1, 1996 through September 30, 1997.
This maintains the same level of funding as last year's contract.
I recommend your approval of this contract.
Enclosures
961293
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