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HomeMy WebLinkAboutC88-085 Dept. of Health0 APPROVED COPY (COPIES) 260000 FUR YOUR FILES; U»T i .ri; •»FK C88 -85 -22 CONTRACT AUG 225 19�88 IIII THIS CONTRACT, made this 1st day of July 1988, * the State of Colorado for the use and benefit of the Department of .1 Health, 4210 East 11th Avenue Denver Colorado 80220 , hereinafter referred to as the State, and BOARD OF COUNTY COMMISSIONERS EAGLE COUNTY P 0. BOX 850, Eagle, CO 81631 , 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 1001 , G/L Account Number 55807 , Contract Encumbrance Number C377035 ; and WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, •3 the State, in order to carry out its lawful powers, duties and responsibilities pursuant to Article 1 of Title 25, Colorado Revised Statutes 1973, and the provisions of legislative appropriations made and provided therefore, in coordination with like powers, duties and responsibilities of the Contractor, has determined that public health nursing services are desirable in Eagle County(s); and WHEREAS, the State and the Contractor mutually agree that employment of public health nurse(s), under the administrative control of the Contractor, is the most efficient and effective way of providing the desired services. 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. .4 The Contractor shall provide, through public health nurses, community nursing services, including maternal and child health services and services to handicapped children. Said services shall include: a) Identifying health needs of individuals, families and communities; b) Developing and implementing programs to meet the identified needs; - -) Providing health promotion services and care of the sick at home; Providing health education which will assist in disease preven- as well as enhance the client's ability to deal with .health pro - is; Assisting patients in obtaining health care services and coordi- ing those services; and Assuring quality of services. Face 1 of 6 pages 2. The Contractor will, on or after the date of this contract, employ only individuals who meet the minimum qualifications as set up by the State Community Nursing Section for each position, with review and approval by the State prior to employment. 3. The State will, in consideration of said services by the Contractor, cause to be paid to the Contractor a sum not to exceed TWENTY -THREE THOUSAND SEVENTY -SEVEN AND No /100 Dollars ($23,077.00) as follows: a) The amount as set forth above is based on the employment of 3.74 Full Time Equivalent (FTE) registered nurses. Reimbursement will be made monthly by the State based on one - twelfth of the amount as set forth above upon receipt of a signed statement, submitted in duplicate on forms supplied by the State. Should a vacancy occur, or a reduction in FTE occur, there will be a proportionate reduction in the reimbursement amount. b) In no event will these funds be used to cover the cost of those services to patients for whom third party payment is available. 4. The State will continue payment for nursing personnel only so long as the Contractor renders acceptable services as determined by the State. The Nursing Supervisor assigned by the State Nursing Section shall have the authority for supervision and periodic evaluation of the quality and quantity of services based on minimum standards for Community Nursing Services. The Contractor agrees to cooperate in any evaluation conducted by the State. 5. The term of this contract is beginning July 1, 1988 and conti- nuing through June 30, 1989. 6. 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 FOUR HUNDRED SIXTY -SEVEN THOUSAND THIRTY -ONE DOLLARS AND NO CENTS ($467,031.00) for the purchase of County Nursing Services. It is further understood and agreed that the maximum amount of State funds available for fiscal year 1989 for the purchase of Nursing Services is in the amount of $467,031.00. The liability of the State, at any time, for such payments shall be limited to the unencumbered amount remaining of such funds. (Should there be a reduction in total funds appropriated, a proportionate reduction in this contract may be made.) 7. Changes in total reimbursement amounts for the above named services as a result of an increase or decrease of salary and /or full time equivalent staff (FTE) in the original contract shall be made by a mutually signed letter of approval which shall include the following: a) Identification of Contract by contract encumbrance number and number of affected paragraph. Page 2 of 6 pages b) Amount of increase or decrease in funding. c) Effective date of funding change. d) Authorized signatures of the Contractor, the State and the State Controller. It is understood that no change except funding amounts and resulting FTE shall be made through the letter of approval. Page 3 of 6 pages -COLORADO DEPARTMENT OF H T,,TH - hereinafter, under the Ce sl 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 agreemeny 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 of 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. 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. 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 Contractors' 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 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 4 of 6 Pages Rev. nZ/,) ,/QA SPEC;lAi. PIWVISIONS CONT'ROLLER'S r 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. Thus 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 trade 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, belore entering the performance of any such work included in this con- tract, duly execute and deliver to and rile with the o(licial 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 terns 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 pity 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 35 -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 attomey fees incurred as a result of tiny 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 1952 Replacement Vol.), and as required by Executive Order, Equal Opponunity and Afiiirmative 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 allinnative 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 1'or 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 A(linuative 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 ascenain compliance with such rules, regulations and orders. (5) A labor organization will not exclude :my 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 naec 5 nl' 6 I_. I .. n. '4 (7) In the ]I the contrrctor's non - compliance with the nun -discri ,)n clauses of this con- tract or with asuch rules. regulations. or orders, this contract may be cLfled. 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 to Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975 and the rules, regulations. or orders promulgated to accordance therewith, and such other sanctions as may be imposed ar.o 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 ( l ) 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 S 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 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 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 contracs. 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, riles 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, 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. S. 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 61riice), CRS 1978 Replacement Vol., and that no violation of such pro- visions is present. 10. The signatories over that to their knowledge. no state employee has a persona) 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. Contractor: CODN'I'Y OF EAGLE, STATE (Full Legal Name)(1F._(' ..OR_jjEO, By and STATE OF COLORADO Through its Board of CormLiSSlonerSROY ROMER, GOVERN .� B% for the By; '5 . CUTI E DIRECTOIL George N ales Position (Title)Chalrman -Eagle County, Board of County CommiSSionerS DEPARTMENT sNwS[tNrN >nnne N F.ur,lru.ANmaei OF HEALTH (If Corporation:) •v K e A 4(leBy te1. 1 1 tte PIil ips, Clerk to the Board Of County APPROVALS ATT OD D CON LL R { 1, .. By By lFiret General Legal Genftw PROGRAM APPROVAL: 6 - 6 Marie A. Swigert