HomeMy WebLinkAbout791001.tiff RESOLUTION
RE: APPROVAL OF CONTRACT BETWEEN WELD COUNTY DEPARTMENT OF SOCIAL
SERVICES AND THE COLORADO DEPARTMENT OF HEALTH.
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, a contract between the Weld County Department of
Social Services and the Colorado Department of Health has been
presented to the Board of County Commissioners , and
WHEREAS, said contract concerns the continuation of the
Old Age Pension dental program for Weld County, and
WHEREAS, the Board of County Commissioners deems it advisable
to approve said contract.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the contract between
the Weld County Department of Social Services and the Colorado
Department of Health be, and hereby is, approved.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 22nd day of
August, A.D. , 1979.
1/41107 �• `F' e BOARD OF COUNTY COMMISSIONERS
ATTEST: `^' ELD COUNTY, COLORADO
Weld County Clerk and Recorder (Aye)
and Clerk to the Norman Carlson, Chairman
/0� .� 1/ (Aye)
Deputy County Clerk Iyd' Dunbar
AkPROVED � TO FORM:.. �', �; c.f�/ (Aye)
C. W. Kirby /
_ - ALL/Ji' ` /' ✓
County Attorney 4eti£ (Aye)
Leonard L. Roe
wrnad (Aye)
J e K. Stinmark
DATE PRESENTED: AUGUST 22, 1979
791001
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MI5 l'ON1 RM.f. wade this.__._Ft day of .luI,v by and between the
State of Colorado tot the use and benefit of the Department of •a I{gAj.T11.
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hereinafter referred to e the Seale ,ml •2 Wt=1d_County_.Department 0fS0CIdl--$eY'V1C25
315 Eleventh...Auenue,. P.0___Bnx A>..fr_eeley, Colorado 80631
hereinafter referred to as the contractor.
NHEREAS_ :ortho,it} exists in the l.ay. and Funds have been budgeted. appropriated and 'otherwise made
availahle and a sotfici..pit unencumbered balance thereof terrains ;nailable for pa\'ment ill Fund Nunher_ 1..On1
co Account Nunlber_5167.7_, Contract Encumbrance Number C25616S_; and
WHEREAS. required :giprosal, clearance and coordination has been accomplished from and with appropriate
agencies. and
WIIERI_ AS. •a tl Stat,-, pursuant to Se rate Bill 378 (Colnrsdo Old Age
Pensioners Dental i'roriam) has author' zed dental rare for State old age pension
recipients; and
WHEREAS, tin State tequlrc , assistance in all _areas of the State to re-
ceive and process app I tent tons and ti, determine etigibila_ty cf recipients; and
WHEREAS, the Cantracter is consitier'ed by the State to have the necessary
expertise to provide the services as hr-rein set forth.
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NO1N. It):FORE. it is hrrcb> Segued that for and in cons lderntion of their mutual
promises to car h other, hereinafter stated, the parties hereto agree as follows:
i. '° The Contractor shall provid^ services which shall include but
not be limileed to the tot lowing •
a) b,_•. ivc s-pptientl :,ns itort 'prosper[lye patients.
h) Determine el •,f.1,1 y of applicants.
c) Assist old age pensioners in making dental appointments
with a dentist who is ceotr+ rating in the program. '
d) A:_.>i .et old ale pens icners in of ta [rilip transportation to
Olt d, ntal oft Ice when ncca an .
e) Deterr.iino the :amount cf co-payment to be made by the patient.
f) Assist old ii e ptnsi:,ncrs in obtaining funds for the
es-ja , scot when indicated.
g) Maintain record:: of patients, ,c_rvices provided, and funds
encumbered and spent .
h) I', ovide tiguLar reports of p•:crsons served, services rendered
and funds encumbered and spent.
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I'agc I of_'._ pages
• •ISee inslruc lions on r,.,'rse of Iasi page.)
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2. The State will , in of said services by the
Contractor, cause to he paid to the Contractor a sum not to exceed
One Thousand Eighty—Eight Dollars ($ I ,UHS.UU )
in the following manner:
a) Upon receipt of a signed quarterly statement submitted in
triplicate, requesting reimbursement as set forth in
paragraph 2 b) of this contract; and conditioned upon
affirmation by the Dental Health Section that services
were performed in accordance with the terms of this
contract and that mandatory SB 37ppuarterly reports
(September 30 and December 31, 1979 and March 31 and
June 30, 1980) have been received by the Colorado
Department of Health.
b) The Contractor (Local implementing Agency) shall be
paid $16 per processed form. A claim shall be con-
sidered to be processed upon receipt of a properly
authorized form by the Colorado Department of Health.
In the event that the patient is required to be
referred to additional dentists for consultation
and/or treatment, only the original claim processing
will be considered for payment.
3. The term of this contract is beginning July 1, 1979 and
ending June 30, 1980 .
4. To be considered for payment, billings for reimbursement
pursuant to this contract must be received within 90 days after the period
for which reimbursement is being requested and final billings on the
contract must be received by the State Health Department within 6 0 days
after the end of the contract term.
Page 2 of 5 pages
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COLORADO DEPARTMENT OF HEALTH - herei.nditer, rider the General Provisions,
referred to a "Health".
GENERAL PROVISIONS
The parties of this Contract intend that the relationship between
them contemplated by this Contract is that of employer-independent contractor.
No agent, employee, or servant of Contractor shall be or shall be deemed to
be an employee, agent, or servant of Health. Contractor will be solely and
entirely responsible for its acts and the acts of its agents, employees,
servants and subcontractors during the performance of this Contract.
At all times during the performance of this Contract, the Contractor
shall strictly adhere to all applicable federal and state laws that have been
or may hereafter be established.
Contractor authorizes Health to perform audits and to make inspect-
ions for the purpose of evaluating performance under this Contract.
Contractor shall indemnify Health against all liability and loss,
and against all claims and actions based upon or arising out of damage or
injury, including death, to persons or property caused by or sustained in
connection with the performance of the Contract or by conditions created
thereby, or based upon any violation of any statute, ordinance, or regula-
tion and the defense of any such claims or actions.
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.
This agreement is intended as the complete integration of all under-
standings 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.
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1/44 ' of 5 Pages.
' Farm6-AC•02B SPECIAL PROVISIONS•
° CONTROLLER'S APPROVAL
I. This contract shall not be deemed %alid-until it shall have been approved by the Controller of the State of
Colorado or such assistant as he may designate. This prm 'l m is applicable to any contract involving the payment of
money by the State.
FUND AVAILABILITY
2. Financial obligations of the State payable after the current tiscal 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 ten 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 and file with the official whose signature appears below fur the State, 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 he duly executed by a qualified corporate surety,
conditioned for the due and faithful performance of the contract, and in addition, shall provide that if the contractor or
phis subcontractors tail to duly pay for any labor, materials, team hire, sustenance, provisions, provender or other
supplies used or consumed by such contractor or his subcontractor in peformance of the work contracted to be done,
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, when so required, is executed, delivered and filed, no claim in
favor of the contractor arising under this contract shall be audited, allowed or paid. A certified or cashier's check or a
bank money order made payable to the Treasurer of the State of Colorado may be accepted in leiu of a bond.
MINIMUM WAGE
4. Except as otherwise provided by law, if this contract provides for the payment of more than five thousand
dollars and requires or involves the employment of laborers or mechanics in the construction, alteration or repair of
any building or other public work, (except highways, highway bridges, underpasses and highway structures of all
kinds) within the geographical limits of the State, the rate of wage for all laborers and mechanics employed by the
contractor or any subcontractor on the building or public work covered by this contract shall he not less than the
prevailing rate of wages for work of a similar nature in the city,town,village or other civil subdivision of the State in
which the building or other public work is located. Disputes respecting prevailing rates will be resolved as provided in
K-16-101, CRS 1973, as amended.
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 (24-34-301, CRS
1973, as amended), 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.
Poring the performance of this contract, the contractor agrees as follows:
(I) 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 advertising 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.
(2) 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.
(3) The contractor will send to each labor union or representative of workers with which he has 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 committment tinder the Executive
Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the rules, regulations, and
relevant Orders of the Governor.
(4) 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.
(5) 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 origrin,or ancestry.
(6) 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.
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page_ of pages
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(7) In the event of the cni...ac tor' no,i-compliance with the non-discrimination clauses of this contract or
with any of such rides. regulations. or orders. this content may be cancelled, terminated or suspended in
whole or in part and the contractor inay be dc,l red ineligible for further Slate contracts in accordance with
procedures, authoriicd in Executive Order. rind Opportunil\ 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 prod tied 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.
(Si The contractor will include the provisions of paragraphs (I) through (Si in every sub-contract and
sub-contractor purchase order unless exempted by odes, 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 sub-contractor or vendor. The contractor will lake 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 In enter into such litigation to protect the interest
of the Slate of Colorado.
COLORADO LABOR PREFERENCE ,
6. Provisions of S-17-101, A 102, CRS 1973 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 Slate funds.
GENERAL
7. The lams of the State of Colorado and rules and regulations issued pursuant thereto shall he applied in
the interpretation, execution aunt enforcement of this contract. Any provision of this contract whether or not
incorporated herein by reference which prnyides for arbitration by anv extra-judicial both' or person or which is
otherwise in conflict with said laws, rules and regulations shall be considered null ;Old void. Nothing contained in
any provision incorporated herein by reference which purports to negate this or anv other special provision in
• whole or in part shall be valid or enforceable or available in any action at law whether Iry slay of complaint,
defense or otherwise. Any provision rendered null and void by the operation of this provision dill not invalidate
the remainder of this contract to the extent that the contract is capable of execution.
5. the signatories hereto aver that they are Emiiliar with IS-S-2111. et seq., Iltribery and (orrupl Influences)
and 1S-S-401. et seq.. (Abuse of Public Office), C.R.S. 1973. :n amended. and that no violation of such provisions is
present. .
9. The signatories aver that to their knowledge, no state employee has any personal or beneficial interest
whatsoever ill the sea ice or property described herein.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in the tln first above written.
WELD COUNTY DEPARTMENT OF SOCIAL SrvII- OF COLORADO
SERVICES ItI(:IIARIl D. I,A,1I\I. GOVERNOR
Contractor_ lyttle_ l'r for the 1NI(•Cnvr rIHI c-tta(.
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DE.I'.AU I NI E 811
Position Director - - .__.._.- -- OF HEALTH
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Sucud Svcunls Number
APPROVALS
1„) A IIOHNI.Y (t \II(,\I
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li! liy .
Chairman, Board of County Commissioners
ATTEST: Q c� v� ,
WELD-COUNTY CLERK ANf} @CORDER
ANQ CLERK TO THE/ ARi.J
BY --C.A.:.s.a. ( -L , . 11.�a .P. .
/Deputy County Clerk ,, ,2,2 -7 "
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Program Approval b)�/�"��7Le
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Page _ 5_._which is the last of. 5 .pages
`Sec instructions on reverse side.
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