HomeMy WebLinkAboutC87-095 Dept. of Health - WICForm F \GQ2A (R 5/95) 5L -_.F _ Oft ACLNCY NU fI3L K
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C87-95-22 CUNTAROU'CIN N-
RC'T �
CONTRACT
THIS CONTRACT, made this 1 st day of March 198 7 , by and between the
Slate of Colorado for the use and beoefil of liic Department of'
4210 E. 11th Avenue, Denver, Colorado 80220 _
hereinafter referred to as (lie State, :md 'Z BOARD OF COUNTY COMMI SS I ONERS, EAGLE COUNTY
P. 0. Box 850, Eagle, Colorado 1 31 -- —
hereinafter referred to as the conlraclor,
4VIIEREAS, authority exis(s in the Law and funds have been budgeted, appropriated and otherwise made
available and a sufficient unencumbered balance (hereof remains available for payment in rand Number 1001
C/L Account Number, Contrncl Eticumbrance Number C375579 :and
WHEREAS, required approval, cle:inoiee and coordination has been accomplished from and with appropriate
agencies: and
WHEREAS,'athe State has formulaL-ed a comprehensive State Plan relative
to the Special Supplemental Food Program for Women, Infants, and Children
as authorized by Section 17 of the Federal Nutrition Act of 1966 as amended,
and known as the WIC Program, funded through the United States Department
of Agriculture (USDA); and
WHEREAS, said comprehensive SLate Plan and federal budget set forth
amounts to be allocated Lo provide these services to the people of Colorado
in terms of services, personnel, supplies, and facilities; and
WHEREAS, the Contractor is considered by Che State to be an appropriate
agency to provide these services as 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 hereto
agree as follows:
1. The Contractor will conduct and administer a component of the
Special Supplemental Food Program for Women, Infants, and Children, known
as the WIC Program. Applicable regulations are contained in the Federal
Register of February 13, 1985, Vol. 50, No..30, Part 246, and have been
made available to the Contractor.
2. The Contractor fully understands that the WIC Program is a project
to supply specified nutritious foods and nutrition education to pregnant,
lactating, and postpartum women and children under five years of age who
fall below levels of income and have an identifiable nutrition risk factor
as described in said regulations and the State WIC Procedure Manual.
3. The Contractor shall utilize the food delivery system which has
been implemented by the State Agency and approved by USDA's Food and Nutrition
Service.
M
4. The Contractor shall assure the availability of health services
as defined in said Federal Regulations to participants up to the income
level specified for the Program by providing those services in on-site clinics
or by referring participants to Slate -licensed physicians or public or non-
profit- agencies which will provide those services.
5. The Contractor agrees to safeguard the confidentiality of recipients'
identity by limiting access to the patients' records to USDA, General Ac-
counting Office (GAO), State officials, local WIC employees, local agency
medically trained health officials, and auditors representing the federal,
state, and/or local government. Access of records by others must be accompanied
by a release of information signed by the participant/endorser.
6. The Contractor agrees that no discrimination shall be made upon
the basis of race, national origin, sex, age, or handicap in rendering services
to program applicants or registrants as described in said Federal Regulations,
Part 246.22 and the State WIC Procedure Manual.
7. The Contractor shall operate the WIC Program in accordance with
FNS Instruction 113-2, "Title VI Civil Rights Compliance and Enforcement
in the Special Supplemental Food Program for Women, Infants, and Children
and the Commodity Supplemental Food Program," issued March 14, 1980, which
has been made available to the Contractor.
395-53-01-1014 Page 1 of 7 pages
*(See instructions on reverse of last page.)
A. The Contractor agrees to monitor local retailers as assigned by the
State WIC Program.
9. The Contractor shall be responsible for conducting nutrition educa-
tion as described in the WIC Regulations, State WIC Procedure Manual and in
cooperation with the State WIC Nutrition Consultant. The Contractor shall
abide by the State's nutrition education plan or submit an annual nutrition
education plan to the State WIC Program which shall outline objectives,
activities and methods of evaluation.
10. The Contractor shall maintain staff to administer the Program in-
cluding a competent, professional authority as defined by federal Regulations
Part 246.2, with the capability to counsel high risk clients, plan nutrition
services, and oversee WIC certification procedures.
11. The Contractor agrees that the qualifications of personnel assigned
by the Contractor to perform the services covered by this contract shall be
available for review by the State WIC Program.
12. The Contractor shall assure that one staff person involved in the WIC
Program attends regularly scheduled workshops sponsored by the State WIC
Program on administrative policies, procedures, and nutrition. Other person-
nel deemed appropriate by the agency may attend subject to availability of
funding from the State.
1.3. The Contractor agrees to operate the WIC Program in the manner
described by the current State WIC Procedure Manual as revised August 1.985,
and updated thereafter, which has been made available to the Contractor.
14. The Contractor shall assume responsibility for the safe storage of -
negotiable food vouchers and reimburse the State for any WIC Program funds
misused or otherwise diverted due to negligence, fraud, theft, embezzlement,
or other loss caused by the Contractor, its employees, or agents.
15. The Contractor agrees that financial records, supporting documents,
statistical records, and all other records documenting the services provided
by the Contractor under this Agreement will be retained for a period of 3 1/2
years following the end of the applicable fiscal year. The records described
herein will be available at all reasonable times at the Contractor's general
offices. If any litigation, claim, or audit is started before the expiration
of the 3 1/2 year period, the records must be retained until all litigation,
claims, or audit findings involving the records have been resolved.
16. The Contractor shall obtain written prior approval from the State
before, and as a condition of, purchasing equipment costing more than $100.00
with WIC funds. If such approval is given by the State,and the equipment is
purchased, it is the property of the WIC Program. No equipment may be dis-
posed of without State and USDA approval. The Contractor will return equip-
ment purchased through this contract if so requested. An inventory number
will be assigned to this equipment by the State and the Contractor shall affix
the number to the equipment items and confirm this in a letter to the State:
Equipment inventory is required to be verified annually. A copy of the
invoice for all equipment items costing $100.00 and over shall be submitted to
the State with the request for reimbursement.
1.7. The Contractor shall comply with all requirements imposed by the U.S.
Department of Agriculture concerning administrative requirements approved in
accordance with appropriate Office of Management and Budget Circulars
including No. A-90 and 7CFR 3015, those relating to procurement of supplies,
equipment and other services, as well as the utilization and disposition of
property purchased in whole or in part- with WIC funds.
1.8. The Contractor shall keep on file and available for review, audit and
evaluation:
(a) a copy of this Agreement;
(b) information on the service area and financial eligibility
standards used;
(c) complete and accurate participant written records documenting
nutrition risk, certification information of applicants, foods
prescribed, nutrition care, counseling, and referrals provided under
the WIC Program;
(d) complete, accurate, documented and current accounting of all
funds received and expended pursuant to this Agreement;
(e) detailed inventory control records.
Page 2 of 7 pages
19. The Contractor shall ensure that no claim is submitted for
reimbursement of services already funded by other state or federal programs,
or for costs which are not allowable.
20. The Contractor shall be an independent contractor, and, as such,
shall have no authorization, express or implied, to bind the State of
Colorado or the State agency to any agreement, settlement, liability or
understanding whatsoever; and agrees not to perform any acts as agent for.
the State of Colorado, except as herein expressly set forth.
21. The term of this Contract is beginning 24arch 1, 1987 and continuing
through September 30, 1987.
22. The State will, in consideration of said services by the Contractor,
cause to be paid to the Contractor a sum not to exceed
ETVE THOUSAND SEVEN HUNDRED TWENTY_EIVE--------- Dollars (-15,725.00 ) in
the following manner:
Upon receipt of signed monthly itemized expenditure reports completed
as required by the State WIC Procedure Manual., Fiscal Section, requesting
reimbursement in accordance with the provisions of the budget as set forth
in clause twenty three (23) of this Contract.
The agency shall submit these reports to the State by the 20th of the
month following the report month. Any adjustment to an expenditure report
will be eligible for reimbursement only if it is received by the State prior
to the end of the calendar month following the month for which the adjusted
expenditure report is claimed. Indirect: costs will not be reimbursed until
such time as the proposed rate is approved by the State WIC Program.
Reimbursement shall be conditioned upon affirmation by the State WIG
Program that all services were rendered and reports submitted in accordance
with the terms of this Contract.
23. The following budget shall govern the expenditure of funds by the
Contractor as well as subsequent reimbursement by the State. The budget may
be modified only by the prior written consent of the State.
WIC BUDGET
ADMINISTRATIVE COSTS MAXIMUM $5,725.00
Allowable administrative costs will be reimbursed upon the basis of actual documented
expenditures or a maximum of $875.00 for the period of March and April for start-up
personnel time, whichever is less; and actual documented expenditures or a maximum of
$2,325.00 per quarter, whichever is less, for the period April 1987 -September 1987;
plus $200.00 for equipment and supplies to include 1 two -drawer file cabinet, 2 metal
tape measures and hematocrit supplies.
Administrative costs include allowable operational and administrative costs as
specified in the Federal Register of February 13, 1985, Vol. 50, No. 30, Part
246, applicable Office of Management and Budget (OMB) circulars, and State
rules and regulations.
24. Continued State financial reimbursement under this Contract depends
upon the continued operation of the Program as outlined in this Contract,
submittal of all reports, data and documentation required.
25. The participant level to be served by the Contractor will be nego-
tiated between the State and Contractor based on the availability of: food
dollars and the average food package costs for the local agency.
26. Payment pursuant to this Contract will be made as earned, in whole or.
in part, from available State funds encumbered in an amount not to exceed
$3;300,000.00 for the purchase of WIC Program services. It is further
understood and agreed that the maximum amount of State funds available for
fiscal year 1987 for the purchase of WIC Program services is in the amount of
$3,300,000.00. The liability of the State, at any time, for such payments
shall be limited to the unencumbered amount remaining of such funds.
27. Changes in total reimbursement amounts for the above named services
in consideration of increased or decreased levels of utilization in the
original contract shall be made by a mutually signed letter of approval which
shall include the following:
Page 3 of 7 pages
A. Identification of Contract by Contract number and number of
affected paragraph.;
B. Amount of increase or decrease in funding;
C. Effective date of the funding change;
D. Authorized signatures of the State, the Health Department, the
State WIC Program and the Contractor. It is understood that no
change except funding amounts shall be made through the letter of
approval.
Page 4 of 7 pages
e � ,
COLORADO DEPARTMENT OF HEALTH - hereinafter, under the General Provisions
referred to as "Health".
GENERAL PROVISIONS
(1) 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.
(2) 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.
(3) Contractor authorizes Health to perform audits and to make inspections for
the purpose of evaluating performance under this contract.
(4) 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.
(5) 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.
(6) 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 Office of Management and Budget Circulars A-87 and A-102 or A-110, whichever
is applicable.
(7) To be considered for payment, billings for reimbursement pursuant to this
contract must be received within 60 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 60 days after the end of the contract term.
(8) If applicable, Local Match is to be submitted on the monthly reimbursement
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 Office of Management and Budget
Circular A-110: Attachment F, whichever is applicable. Contractor agrees to
furnish one copy of the audit report to the Health Department Accounting Office
within 30 days of its issuance. 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 the 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 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) If applicable, 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 _hof 7 Pages
Rev. 01/13/87
W6712D
" Form 6 -AC -02B 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 pay-
ment of money by the State.
FUND AVAILABILITY
2. Financial obligations of the State 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
works for this State, the contractor shall, before entering the performance of any such work included in this con-
tract, duly execute and deliver to and file with the official whose signature appears below for 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 be 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 his subcontractors fail to duly pay for any labor, materials, team hire, sustenance, pro-
visions, provendor or other supplies used or consumed by such contractor or his subcontractor in performance 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 payable to the Treasurer of the State of
Colorado may be accepted in lieu of a bond. This provision is in compliance with 38-26-106 CRS, as
amended.
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, subcon-
tractors, 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 (24-34-402.
CRS 1982 Replacement Vol.), 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:
(1) 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 selec-
tion 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 under 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 con-
tracting 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 dis-
criminate against any of its members in the full enjoyment of work opportunity, because of race, creed,
color, sex, national origin, 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.
395-53-01-1022 page 6 of. 7 _ pages
Revised 11-85
eom-r 6 -AC -02C
(7) In the event of the contractor's non-compliance with the non-discrimination clauses of this con-
tract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or sus-
pended in whole or in part and the contractor may be 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.
(8) The.contractor will include the provisions of paragraph (1) through (8) 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 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 con-
tractor 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.
COLORADO LABOR PREFERENCE
6 a. Provisions of 8-17-101 & 102, CRS 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 a state 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 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 sub-
section shall be suspended, but only to the extend necessary to prevent denial of the moneys or to eliminate the
inconsistency with federal requirements (section 8-19-101 .and 102, CRS).
GENERAL
7. 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 contract. Any provision of this contract whether or not incor-
porated herein by reference which provides for arbitration by any extra -judicial body or person or which is other-
wise 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 part shall be valid or enforceable or available in any action at law whether by way of complaint, defense or other-
wise. 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.
8. 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 or may hereafter be established.
9. The signatories hereto aver that they are familiar with 18-8-301, et. seq., (Bribery and Corrupt Influences)
and 18-8-401, et. seq., (Abuse of Public Office), CRS 1978 Replacement Vol., and that no violation of such pro-
visions is present.
10. The signatories aver that to their knowledge, no state employee has a personal or beneficial interest what-
soever in the service or property described herein:
IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day first above
written.
Contracto . BOARD (IF COUNTY COMMISSIONERS,
(Full Vgal Namel_il EAGLE COUNTY
a
Position (Title)
Chair
Social Security Number or Federal I D. Number
A, i IC ou tv Clerk
WOODARD
JR.
Attorney Generao
STATE OF COLORADO
ROY ROMER,JGOVERNOR
By 1 for the
4'S E 1V DIRECTOR.
DEPARTMENT
OF HEALTH
PROGRAM APPROVAL:
Page 7 which is the last of 7 pages
39553-01-1030(Revised 3/86) •Sec instructions un reverse side. DC-IU.2194.86
