HomeMy WebLinkAbout951240.tiff RESOLUTION
RE: APPROVE AMENDMENT #2 TO RYAN WHITE HIV CONTRACT 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 #2 to the Ryan White HIV
Contract 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, for the period beginning May 1, 1995, and
ending March 31, 1996, 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 #2 to the Ryan White HIV Contract 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 19th day of June, A.D., 1995, nunc pro tunc, May 1, 1995.
BOARD OF COUNTY COMMISSIONERS
COUNTY, CO ORADO
ATTES i / MIA
Dale K. Hall, Chairman
Weld County Clerk to the Board
AlitId V ,a_ yX__>
r J. Kirkmeye i ..Z.2
, Pro-T Deputy Cler051h` oard
,� ,Cr, George Baxter
APPROV D,AS TQ b . G .er- r_et///7 c'��e2. i-/e—
___----" Constance L. Harbert
()Linty Attorne' e t It'/ / 24 ��.9
W. H. Webster
951240
HL0021
ac : Ht-ismreci4)
'Form 6-AC-202A(a vas)
DEPARTMENT OR AGENCY NUMBER
26000--FHA
CONTRACT ROUTING NUMBER
95-1607
AMENDMENT k2 -
CONTRACT
THIS CONTRACT, made this 5th day of May 1995 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.
Cglorado 80222-1530 hereinafter referred to as the State, and Weld County Health Department. 151/16th
• Avenue Court. Greeley, Colorado 8063I 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 383 Contract Encumbrance Number FHA SOD941010; and
WHEREAS. required approval, clearance and coordination has been accomplished from and with
appropriate agencies and;
WHEREAS, the State has entered into an agreement with the Contractor for the development and
operation of an Human Immunodeficiency Virus (HIV) care consortia and;
WHEREAS, it is the intention of the parties to amend and increase the original contract SOD941010
by $99.512.00 (Ninety Nine Thousand Five Hundred Twelve Dollars) to a new total of $200,928.00 (Two
Hundred Thousand Nine Hundred Twenty Eight Dollars) for the provision of additional services and to extend
the term of the contract.
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 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
SOD941010, routing number 94-1010 dated March 21, 1994 and Amendment#1 routing number 95-1607 which
are by this reference made a pan hereof as Attachment B and all terms, conditions and provisions thereof,
unless specifically modified herein, are to apply to this contract as though they were expressly re-written,
incorporated and included herein.
3) It is agreed that the original contract SOD941010 as amended 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 paragraph 6 of the original contract SOD941010, as
amended, the words and figures "$101,416.00 (One Hundred One Thousand Four Hundred Sixteen Dollars)
for the period beginning April 1, 1994 and continuing through April 30, 1995" and replacing instead the words
• and figures "$200.928 (Two Hundred Thousand Nine Hundred Twenty Eight Dollars) for the period beginning
, April 1. 1994 and continuing through March 31, 1996".
Page of 4 Pages
B. By amending the budget in paragraph I to read:
April 1, 1994- March 31, 1995
Personnel . $ 19,586.00
Fringe $ 2,639.00
Travel $ 1,200.00
Supplies $ 750.00
Contractual $ 41,024.00 -
Other $ 15,095.00
Audit $ 1,619.00
Indirect $ 11.702.00
SUB-TOTAL $ 93,615.00
April 1, 1995- April 30, 1995
Personnel $ 1,632.00
Fringe $ 220.00
Travel $ 159.75
Supplies $ 29.16
Contractual $ 3,508.10
Other $ 120.00
Indirect $ 975,00
SUB-TOTAL $ 6,644.01
May 1, 1995- March 31, 1996
Personnel $ 23,586.00
Fringe $ 3,802.00
Travel $ 1,340.25
Supplies $ 1,170.84
Contractual $ 46,786.90
Other $ 11,005.00
Indirect $ 12,978.00
SUB-TOTAL $100,668.99
CONTRACT.TOTAL $200,928
C, By eliminating and striking out from paragraph 9 the words and figures "April 30, 1995" and
replacing instead the words and figures "March 31, 1996".
4) The effective date of this amendment is March 30, 1995.
5) In the event of any conflict, inconsistency, or incongruity between the provisions of this amendment and
'any of the provisions of the original contract SOA941010 the provisions of this amendment shall in all icspe<.ts
govern and control.
6) These additional funds are awarded for the provision of additional services and to extend the term of
the contract.
F,ye r of rw
SPECIAL YROVISICNS
!7ONTR(ILLER'S APPROVAL.
I.This contract shall not he 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 invntving 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(or 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.
read,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 tan-ideal toad or other acceptable surely to be approved by
said official in a penal tom not less than one-half of the total amount payable by the terms Millis contract.Such bond shall be duly executed by a qualified corporate
safety 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.proveador or other supplies used or consumed by such contractor or his subcontractor in performance of the
work
incontracted to be done or fails to pay any person who supplies rental machinery.tools.or equipment in the prosecution of the wart the.ute(y pay
as amount not exceeding the sum specified in the bond.together with interest at the rate of eight per cent per annum.Unless suck hood is executed,delivered and
filed-no claim in favor of the contractor arising under such contact 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 3S-26-106.
INDEMNIFICATION
a,To the talent aulhtrised by law.the contractor shall indemnify,save,and hold harmless the State.its employees and agents,against any and all claims.
damage..liability and court awards including costa,expenses,and attorney fees incurred as a result of any act or omission by the contractor.or its employees.
agents,subcontractors.or asstgneea p 1 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 24-34-4021.and as required by Executive Order.Equal Opportunity and Affirmative Action.dated April 16.
1975.Pursuant thereto.the follenving provisions shall be contained in a!!Stare contracts err subcontracts.
During the performance of this contract.[be eamtaaor agrees as follows: -
(a)The contractor will-not discriminate against any employee or applicant for employment because of race-creed.color.national rig n.
maritalandthat
status.religion.ancestry.mental or physical hm4iap.or set The contractor will take affumadve action to Sure that applicants employed,
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 masinne t advatisingc lay-offs or•--cnations•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 fonh provisions of this non-discrimination clause.
(bl 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.aced,color,national origin.sex,marital status,religion.ancestry.mental or physical handicap,
or age.
tel The contractor will send to each labor union or representative of workers with which he has a collective bargainingegragreementtor's co other t contractt ndertorr
understanding.notice to be provided by the contracting officer.advising the labor union or workers'represet Yb
of theExecutive Order.Equal Opportunity and Affirmative Action,dated April 16, 1975.and of the roles,regulations.and relevant Orders of the Governor.
(all The contractor and labor unions will furnish all information and reports required by Executive Order,Equal Opportunity and Affirmative Action of April
Ib. 1975.and by the rules.regulations and Orders of the Governor,or pursuant therm,and will permit access to his books.records.and accounts by the
contacting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules.regulations and orders.
(c)A labor organization will not exclude any individual otherwise qualified from full membership rights in such labororganuanon.or expel any such individual
from membership in such labor organization or discriminate against any of its members in the full enjoyment of watt opportunity because of ski.aced,color.
sea,national origin,or ancestry. .
(D A labor organization.or the employees'or members thereof will not aid.abet-incite.compel or coerce the doing of any act defined in attempt.this either ct to be
ry discriminato or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder'
ec
or idiroctly,to commit any act defined in this contact to be discriminatory.
f+mm o-ACA2R
Revised IN]
395-53-01.1e22
rage 3 of 4 pages
(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 pan and the contractor may he 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 I6. 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 radar as a result of such direction by the contracting agency,the contractor
may request the State of Colorado to enter into such litigation to ptorect the interest of the State of Colorado.
COLORADO LABOR PREFERENCE
6a.Previsions of CRS 8.17-101&102 for preference of Colorado labor are applicable to this conduct if public works within the State am undertaken betetmder and
are financed in whole or in pan by State funds.
b.When a construction contract(or 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 a foreign country equal to the preference given or requited by the state or foreign country in which the natnesident bidder is a resident.If it is detennhted by
the officer responsible for awarding the bid that compliance with this 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 she 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 toles and regulations issued pursuant thereto shall be applied in the interpretation.execution,and enforcement of this
contact.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 pan shall be valid or enforceable or available in any action at law whether by way of complaint.
defence.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
convect is capable of execution.
8.At all times during the performance of this contract,the Contractor shall strictly adhere to all applicable federal and slate Ian.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 18-8101.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 panics beret*have executed this Contact on the day fiat above written.
Contractor:
(Full Legal Name) • STATE OF COLORADO
•
DALE K. HALL (6/19/95) ROY ROMER,GOVERNOR
WELD COUNTY BOARD OF COMMISSIONERS By for
OSECI 1VE DIRECTOR
Position(Title) CHAIRMAN '%n •
4',-,4
6000813 B , -."`� t
•
•
r ;7f Corporation:) ) OF�ARTMENT PURL IC HEALTH E ENVIRONMENT a
Attest(Sea) / l f
t WELD COU DEP RTMENT
By ig _.r• — -C . •
osaaruexatRditc Aoitaaa• Cay.p tier »';•and BY •
. PICKLE, M.S.E.H.
DIRECTOR
• AP OVALS
ATTORNEY GENERAL CONTROLLER
By By
Form 6-AC-02C 4 4
Revised 1/93 Page�- which is the last of pages
315-534140M •Son instructions on reverse side.
PROGRAM APPROVAL •
mEMORAnDum
Dale Hall, Chairman
To Board of County Commissioners Date June 15, 1995
COLORADO
From John Pickle, Director, Health Department
Subject:
Amendment#2 to the Ryan White HIV Contract
Enclosed for Board approval is Amendment #2 to the Ryan White Contract between Weld
County Health Department and the Colorado Department of Public Health and Environment.
The first amendment extended the 1994-1995 contract year by one month and increased the
funding by $7,801 to cover services for this time period. This second amendment changes the
term of the contract to read April 1, 1994 through March 31, 1996.
For this additional time period (May 1, 1995 through March 31, 1996) the Health Department
will be reimbursed up to $100,688.99. Under the provisions of the contract, the Health
Department will provide case management services for HIV affected clients in Weld and Morgan
counties. We will also process pass through funding to pay for case management services for
clients in Larimer County and to pay for clients' health care visits through a voucher system.
I recommend approval of this amendment.
Enclosure
951240
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