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HomeMy WebLinkAbout952403.tiff RESOLUTION RE: APPROVE CONTRACT FOR COMMUNITY BASED APPROACH TO HEALTH NEEDS ASSESSMENT AND PROMOTION 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 a Contract for use of Preventive Health and Health Services Block Grant funds for Community Based Approach to Health Needs Assessment and Promotion 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, 1995, and ending September 30, 1996, 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 use of Preventive Health and Health Services Block Grant funds for Community Based Approach to Health Needs Assessment and Promotion 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 contract. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 6th day of December, A.D., 1995, nunc pro tunc October 1, 1995. BOARD OF COUNTY COMMISSIONERS W COUNTY C L0 0 /e� tig ' Dale K. Hall, Chairman ) 'Ceaity Clerk to the Board arbara / /L\� 0�t ) J. Kirkmeyer, Tem J y OVA Deputy Clerk the Board / ` ` George E!Baxter AP V AS TOFO Li9�?5 �,.iiYriic�i�� Constance L. Harbert my Attorn W. H. Webs er 952403 C� C HL HL0021 Form 6-AC-02A (R 5/85) DEPARTMENT OR AGENCY NAME Public Health and Environment DEPARTMENT OR AGENCY NUMBER FAA ROUTING NUMBER 960542 CONTRACT THIS CONTRACT,Made this 1st day of October 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, CO 80222-1530 hereinafter referred to as the State, and Weld County Health Department hereinafter referred to as the contractor, WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and sufficient uncommitted balance thereof remains available for encumbering and subsequent payment of this contract under Encumbrance Number ADM 960536 FAA in Fund Number 100,Appropriation Account Number F86 Organization Number 0020. WHEREAS,required approval,clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS,the Contractor is considered by the State to be an appropriate agency to provide the services as set forth in the attached scope of work for use of Preventive Health and Health Services Block Grant funds for federal fiscal year 1995-96. 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 provide the services outlined in the Scope of Work (Attachment A) which is by reference made part hereof. 2. The Contractor will submit to the State, a six-month summary report detailing the achievements of the program by April 15, 1996, and a twelve-month report by October 15, 1996. 3. The Contractor will submit to the State as a part of the report in item 2 above, data measuring movement toward the goals listed. 4. The Contractor agrees that the State will,at the State's option, perform a comprehensive evaluation of these projects including an on-site review. 5. The State will, in consideration of said services by the Contractor, cause to be paid to the Contractor a sum not to exceed $41,000.00 as follows: a, Reimbursement will be made upon receipt of signed statements,submitted quarterly,stating dates of services,brief description of services,amounts and total requested. Statements shall also include the name of the program,the contract number and the time period being billed. Quarters shall be based on the federal fiscal year beginning 1/1, 4/1, 7/1 and 10/1. Reimbursement shall be conditioned upon affirmation by the State of full and satisfactory compliance with the terms of this contract. b. Expenditures shall be in accordance with the items reflected in Attachment A. c. Said contract reimbursement invoices shall be sent to , Roger Donahue. 6. The term of this contract is beginning October 1, 1995 and continuing through September 30, 1996. Page 2 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-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 f' Pages Rev. 06/01/92 GENERAL PROVISIONS--Page 2 .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, 112201 - 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 three years after the date of issuance of the audit report. This contract 1l DE S 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. 2 Page 4 of 6 Pages Rev. 06/01/92 SPECIAL PROVISIONS CONTROLLER'S APPROVAL I.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 arc 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 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 CR8 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 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 he 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; 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 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 he 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 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. Fomi 6-AC-02B Revised 1/93 395-53-01.1022 5 6 page_ _ of pages (g)In the event'of the contractor's non-compliance with the nondiscrimination 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 farther State contracts in accordance with procedures.authorized in Executive Order,Equal Opponmityand Affirmative Aetion of April 16. 197$and the rules.reguhufons.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 a co dance therewith.or as otherwise provided by law. (b)The contractor will include the provisions of paragraphs(a)through(b)in every subcontract and subcontractor purchase order sinless exempted by mla,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 Cantata witl hike sped action with respect to any sub-contracting or purchase alder as the contracting agency may direct,as amens of enforcing such provisions,including sanctions for naneooplia oe: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 eater into such litigation to soma the ioterat of the State of Colorado. - COLORADO LABOR PREFERENCE 6a.Previsieas of CRS S-17-101&102 for pefereaee of Colorado labor are applicable so this contact if public werks within the Sore ere undertakes bereada and are framed to whole or in pan by State funds. b.When a essuaction contract for a public project is to be awarded so a bidder,a resider bidder shag be allowed a pretereeee against a sea-resident bidder from ■pate or foreign country equal to the preference given or required by the sore or foreign arormtry in which the non-resident bidder is a resident.If it ii determined by the officer responsible for awarding the bid that compliance with this subssctlee.06 may came deaid of federal fads which would othenvre be available or would otherwise be iaoondaent with requirements of Federal law,this subsection shell be ssspenMd.but only to the extent seeessary to prevent denial of the moseys or to thinnest the inonsuteney with Federal requirements(CRS 6-19-101 and 102) GENERAL 7.The laws of the State of Colorado and roles and regulations awed pursuant thereto shall be applied S We interpretation.eaecarioe.and enforcement of this connect.Any province of this contract whether or not inesrpoenad herein by reference which provides for arbitration by any atm-judicial body or person or which is otherwise is conflict with said laws.rules.and regulations shall be considered all and void.Nothing contained in any provision incorporated herein by reference which import to negate this or any other special prevision in whole or in part shall be valid oredorseable oravailable 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 nor invalidate the remainder of this contract to the tercet that the contract is capable of execution. yW�ys S.Nag times during the performance of this contract,the Cesuncter shall strictly adhere to all applicable federal and state laws,mks.and regulations that have been or any hereafter be established. . 9.The signatories aver that they are familiar wed CRS 111-8.301.et.seq.,(Bribery and Corrupt Influences)and CRS IS-II01.et.seq..(Abuse of Public Office). and that no violation of seek provisions is present. 10.The signatories aver that to their knowledge.no ante employee has any personal or beneficial interest whatsoever it the service or property described herein: IN writes&WHEREOF.the panics hereto have excited this Contact on the day rust above written. Contractor: (Fell,k'llj!S `Weld County Health Department STATE OF COLORADO - OY ROMER,GOVERNOR Ca' E and of om/�/m/ sinners .y /l • • _.t f Csy �/ cee� for +' • 12/06/95 n peak"rra)e) :'llie man 84 "6000813 Ito o lam Nisbet or t.o. - �T�OF PTUBL I C HEALTH & ENVIRONMENT Nteat( nn /�Y /(/a4e1.7 3D77P %By QILC( c , Qf deputy«, -DIRCTOR APALT ATTORNEY GENIM1S , N - r CONTROLLER e ---7 A rn e ra By j By CC is and t sr , • -�?�r FoI -(RC Assistant Attorney tionerc: 6 wbrcb it test of Revised 1.1 State Services SPrtian Page ypaste + 3 ,�. ..!3 sl-a1.1030 son inmvcuoos the l reverie ride. PROGRAM APPROVAL: I q • • 'INSTRUCTIONS (I) Insert official Department designations.e.g..Administrat ion, Local Allan,etc.as appropriate, (2) Set forth company(ies)or individuaf(s)name(s)and address(es). • I)1 Insert a brief statement indicating reasons for contract.e.g..•The contractor having special knowledge.expertise and skill in diagnosing and testing diseases affecting cattle;and."Use as many^Whereas's`as required.If additional space is required continue to above words"NOW.THEREFORE:-and state"con- tinued on page 2". On page 2.state"Whereas continued from page 1"if required. (4) Specify dearly the goods or services contracted for,she consideration moving from one party to the other.the time within the contract is to be executed. limitations on assignments,if any,and special provisions desired,or required.Seek legal assistance when in doubt.Separate each principal item and number con- secutively using as many pages as necessary. (5) If a delegee signs for the Executive Director place the words**FOR THE"before she word"EXECUTIVE" Autographic.as distinguished from stamped,signatures should,as a minimum,be affixed to the original,which will be filed by the Division of Accounts and Control,and two counterparts,one of which shall be transmitted to the contractor.If there is more than one contractor a copy so signed will be sent to each,thus requiring additional autographic signatures. ATTACHMENT A Community Based Approach to Health Needs Assessment and Promotion $41,000 1. Lead Agency: Weld and North Eastern Colorado Health Departments contact Person: Leslie Banged; (970)353-0586 2. Target Population: Communities served by Weld and North Eastern Colorado Health Departments. 3. Outcome Objective: Utilize community, personal, and environm health assessment,to build community level capacity for health promotion and heal related behavior change. 4. Annual Objectives ' a. Coordinate the community assessment project in 3 to 4 Weld County s communities each year. b. Weld County Health Department will work with the North Eastern 4 olorado Health Department to replicate the project to reduce the conseq ces of Adolescent health risk taking behavior by providing technical assist ce, materials and support in the performance of the assessment and develo ment of a community task force. c. Coordinate the entry of new and existing community based health promotion programs and new materials developed into the CDPHE Communitir Health Education Section's CINCH data base. 3521 +3 ist(111 mEmoRAnDum Dale Hall, Chairman To Board of County Commissioners Date December 1, 1995 COLORADO From John Pickle, Director, Health Department . ,%Z I Subject: Community Needs Assessment Contract Enclosed for Board approval is a contract between the Weld County Health Department and the Colorado Department of Public Health and Environment for use of Preventive Health and Health Services Block Grant funds for community assessment. This grant will fund a full-time health education specialist to perform community assessments and continue to provide support and implementation assistance in the communities of Windsor and Hudson. This person will also initiate an additional two to three community assessments over the next three years in other Weld County communities. Through this grant, we will provide additional training to other organized health departments within Colorado for the development of a community assessment model. For these services, the Health Department will receive a sum not to exceed$41,000 for the time period October 1, 1995 through September 30, 1996. I recommend your approval of this contract. Enclosure 952403 Hello