HomeMy WebLinkAbout951758.tiff RESOLUTION
RE: APPROVE AMENDMENT#1 TO CONTRACT FOR COLORADO ACTION FOR HEALTHY
PEOPLE BETWEEN HEALTH DEPARTMENT AND COLORADO DEPARTMENT OF
PUBLIC HEALTH AND ENVIRONMENT AND AUTHORIZE CHAIRMAN 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 Contract for
Colorado Action for Healthy People 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
June 30, 1995, and ending December 31, 1995, 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 Contract for Colorado Action for Healthy People
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 Chairman 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 23rd day of August, A.D., 1995, nunc pro tunc June 30, 1995.
BOARD OF COUNTY COMMISSIONERS
J -) s '; : Men
COUNTY, C LORADO
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w a�'
DahK. Hall, Chairman
Clerk to the Board c
c arb . Kirkmeyer, P -Tem
BY: (4-d-C( it. « 1/4._,
Deputy CleS to the Board y
Geo e?E. Baxter
2
A ED AS TO FOR ' (-16 -.c�---,,:e r
Constance L. Harbert
Count r or el el:b
fir")Z,� '`�-W. H ' sst
951758
ee ! HL HL0021
Form 6-AC-02A(R 5/91) Department or Agency Name
Public Health &Environment
Department or Agency Number
260000-FLA
Contract Routing Number
96-1395
Amendment #1
CONTRACT
THIS CONTRACT,made this 28th day of June 1995,by and between the State of Colorado for the use and benefit of the Colorado
pepanment of Public Health and Environment.4300 Cherry Creek Drive South.Denver.Colorado 80222-1530 hereinafter referred to as the
State and Weld County Health Department, 1517 16th Avenue Court.Greeley.Colorado 80631 hereinafter referred to as the contractor.
WHEREAS,authority exists in the Law and Funds have been budgeted,appropriated and otherwise made available and a sufficient
uncommitted balance thereof remains available for encumbering and subsequent payment of this contract under Encumbrance Number F[A,
PPG950282 in Fund Number 100,Appropriation Account 731,and Organization 7320.
WHEREAS,required approval,clearance and coordination has been accomplished from and with appropriate agencies;and
WHEREAS, the State, Colorado Action for Healthy People (CARP), has been funded to initiate and
support community-based health promotion activity throughout Colorado; and
WHEREAS, the State has entered into an agreement with the Contractor to conduct a community needs
assessment, and
WHEREAS, it is the intention of the parties to amend and extend the
contract to September 30, 1995, with no increase in funding, to allow additional
time to complete activities for the community needs assessment.
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. Consideration for this amendment to the original agreement
consists of the payments which shall be made pursuant to the original 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 agreement PPG950282, contract routing #95-0282,
dated June 29, 1994, hereinafter referred to as the original contract, which is
by this reference made part hereof, as Attachment B, and all the terms,
conditions, and provisions thereof, unless specifically modified herein, are to
apply to this contract and are made part of this contract as though they were
expressly rewritten, and incorporated herein.
3. It is agreed that the original contract PPG950282, 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 eliminating and striking out from the original
contract paragraph 6 the words and figures "June 30, 1995" and replacing it with
"December 31, 1995".
Page 6 of 6 Pages
951758
4. In the event of any conflict, inconsistency, or incongruity
between the provisions of this amendment and any of the provisions of the
original contract PPG950282, the provisions of this amendment shall in all
respects govern and control.
5. The effective date of this amendment is June 30, 1995.
Page 2 of 6 Pages
951758
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 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 j.n 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 lest 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
951758
GENERAL PROVI510NS--Page2 of 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.
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
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 thr e
years after the= date of issuance of the audit report. This contract 6R5 JUS
730
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 requirementsunless approved in writing by the appropriate federal agency.
•
Page 4 of 6 Pages
Rev. 06/01/92 951758
SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
I.This contract shall not be deemed valid untilit 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 and sufficient bond or other acceptable surety to be approved by
said official in a penal soot 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,toots,or equipment in the prosecution of the work the y 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 maybe 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 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 roles,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.
(O 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 -
Revised 1/93
395-53.01-1022
page 5 of 6 pages
951758
ITORNEY GENER t:Alt:.. CONTROhiBRr Y D VV. L a t
By BY:
rated 1/93 C page 6 which lithe last of 6 pages
wed IN3
5-53.0I.1030 ',See instructions ore reverse side 424,01
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PROGRAM APPROVAL: L l(J� �Y
951758
(g)In the event-of the contractor's non-compliance with the non-discrimination clauses of this contact 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 contacts in
accordance with procedures.authorized in Executive Order,EqualOpportunity.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 subcontract 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.
OLORADO 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
e financed in whole or in pan 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
nate 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
e officer responsible for awarding the bid that compliance withthis subsection.06 may cause denial of federal fonds which would otherwise be available or would
nerwise 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
madam the inconsistency with Federal requirements(CRS 8-19-101 and 102)
ENERAL
1.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
newt.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
otherwise le conflict with said laws,rules,and regulations shall be considered null and void.Nothing contained in any provision incorporated herein by reference
rich purports to negate this or any other special provision in whole or in put Wall be valid orenforeeabk or available in any action at law whether by way of complaint.
fence,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
muact is capable of execution.
8.At all times during the performance of this contract,the Contractor Wall strictly adhere to all applicable federal and state laws,rules.and regulations that have
en or may hereafter be established.
9.The sigatories ever that they an familiar with CRS 18-8-301.et.seq..(Bribery and Corrupt Influences)and CRS 18-8-401,et,seq..(Abuse of Public Office).
d 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:
WITNESS WHEREOF,the parties hereto have executed this Contract on the day first above written.
mmwtor: Weld County Health Department
tan Legal • ` ount C.mmi -ioner . STATE OF COLORADO
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APPROVALSATE CONTROLLER
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PROGRAM APPROVAL:
951758
mEmoRAnDum
WI�'��• Dale Hall, Chairman
TO Board of County Commissioners Date August 21, 1995
COLORADO AA
From John Pickle, Director, Health Department J P
Subject:
Amendment to Colorado Action For Healthy People Contract
Enclosed for your review and approval is an amendment to the contract Weld County Health
Department has with Colorado Action for Healthy People to advance community driven
adolescent health promotion projects in Windsor. The purpose of this amendment is to extend the
contract through December 31, 1995 to allow additional time to complete activities for the
community needs assessment. Previously the contract was to end on June 30, 1995.
I recommend your approval of this amendment.
Enclosures
c5175i3
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