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HomeMy WebLinkAboutC05-160 CDPHE (>O.1'.I<"t1'L~ -~ DEPARTMENT OR AGENCY NAME COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT Tuberculosis Program DEPARTMENT OR AGENCY NUMBER l t;F~t:i1;,.:: m < FHA iyl,t L ,,' '.'! , " '. ":' i.'<',: e,' ':' ~" t t~ .; l:-lL;;?} CONTRACT ROUTING NUMBER ! !,\~, U "- " 05-00304 i/ ~J ,1:.1"1 ) I "'I ., , , 'I ;~i'; "hf:'~. .' '. j LIMITED AMENDMENT #1 /:4 ~... ~..<~....~... .....~ ..~,... ',' ,. I "'~ --- , :,:-,;';;' -~"c";;1~,_,,;,_~ This Limited Amendment is made this 2nd day ofMav. 2005, by and between the St\!~,()ir:Cot6.iad~:~cilnfbya'n(r:~""'~ .,.~i~; through the DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, whf.{~~!;~~sSOFprinciga1.j,;l~~~i.C,",::';'::;,"~': of business is 4300 <::herrv Creek Drive South, Denver, Colorado 80246, hereinafterreferred to ~as the "State"; .. ,';'.' . ~. and, BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY, (a political subdivision of the State of Colorado) whose address or principal place of business is 500 Broadwav, Ea!!:le, Colorado, 81631, hereinafter referred to as the "Contractor". FACTUAL RECITALS The parties entered into a contract dated Julv 1, 2004, with contract encumbrance number PO FHA EPI0500019, and contract routing number 05 FHA 00019. whereby the Contractor was to provide to the State the following: The Contractor will assist in supporting tuberculosis prevention and control activities within Eagle County. The State promises to increase the amount of funds to be paid to the Contractor by NINE HUNDRED FIFTY DOLLARS, ($950.00) during the current term of the Original Contract in exchange for the promise of the Contractor to perform the increased work under the Original Contract. NOW THEREFORE, in consideration of their mutual promises to each other, stated below, the parties hereto agree as follows: 1. Consideration for this Limited Amendment to the Original Contract consists of the payments and services that shall be made pursuant to this Limited Amendment, and promises and agreements herein set forth. 2, It is expressly agreed to by the parties that this Limited Amendment is supplemental to the original contra-ct;"contract routing number 05 FHA 00019, collectively referred to herein as the Original' Contract, which is by this reference incorporated herein. All terms, conditions, and provisions thereof, unless specifically modified herein, are to apply to this Limited Amendment as though they were expressly rewritten, incorporated, and included herein. 3. It is expressly agreed to by the parties that the Original Contract is and shall be modified, altered, and changed in the following respects only: A. This Limited Amendment is issued pursuant to paragraph C.4.of the Original Contract identified by contract routing number 05 FHA 00019. This Limited Amendment is for the current term of Julv 1, 2004. through and including June 30,2005. The maximum amount payable by the State for the work to be performed by the Contractor during this current term is increased by NINE HUNDRED FIFTY DOLLARS, ($950.00) for an amended total fmancial obligation of the State of FIVE THOUSAND EIGHT HUNDRED FIFTY SEVEN DOLLARS, ($5,857.00). The revised specifications to the Budget, if any, are incorporated herein by this reference and identified as "Attachment I", The first sentence in paragraph C.1. of the Original Contract is modified accordingly. All other terms and conditions of the Original Contract are reaffIrmed. Page lof3 -~ 4. The effective date of this Amendment is Mav 23, 2005, or upon approval of the State Controller, or an authorized delegate thereof, whichever is later. 5. Except fO'fllie'Gerieial Provisions and Special Provisions of the Original Contract, in the event of any conflict, inconsistency, variance, or contradiction between the terms and provisions of this Amendment and any of the terms and provisions of the Original Contract, the terms and provisions of this Amendment shall in all respects supersede, govern, and control. The Special Provisions shall always control over other provisions of the Original Contract or any subsequent amendments thereto. The representations in the Special Provisions to the Original Contract concerning the absence of personal interest of state of Colorado employees is presently reaffIrmed. 6. -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, ~ ...j' ,*.,;.;.~ f'.. ' ->,,~,!. J;,' ~i" .:w..;-,..'~ > . , -.'~~'" Page 2 of3 - IN WITNESS WHEREOF, the parties hereto have executed this Form Amendment on the day fIrst above written, " CONTRACTOR: STATE: BOARD OF COUNTY COMMISIONERS OF STATE OF COLORADO EAGL NY BUI Ow'~2J' (a politi al b I . on of the State of Colorado) By: By: Name: For the Exec tive Director Title: DEPARTMENT OF PUBLIC HEALTH FEIN: 846000762 AND ENVIRONMENT , ATTEST: PROGRAM APPROVAL: If the<::ontra.ct~risa corporation or goV:er~'illerlia"e~titY~ therl an attestation By: is required. By: Special District, or Town Clerk or Equivalent ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS 24-30-202 requires that the State Controller approve all state contracts. This limited amendment is not valid until the State Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to begin performance until the contract is signed and dated below. If performance begins prior to the date below, the State of Colorado may not be obligated to pay for goods and/or services provided. By: .J0 ,> Date: Form: LA T 7 -I-04GN Page 3 of3 -, Attachment I Eagl~CQulJ.txHC(a1th &: Hum~ Services Limited Amendment #1,05 FHA 00304 Original Contract #EPI05000 19 May 2005-June 2005 Budget ($950.00) TB Activities $950.00 T&'F-AL $950200 ;,;< DEPARTMENT OR AGENCY NAME COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT DEPARTMENT OR AGENCY NUMBER FHA CONTRACT ROUTING NUMBER 05-00019 mTERGOVERNMENTALCONTRACT Tuberculosis Program 1bis Contract is made this 21st day of April, 2004, by and between: the state of Colorado, acting by and through the DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, whose address or principal place of business is 4300 Cherry Creek Drive South. Denver. Colorado 80246, hereinafter referred to as "the State"; and, BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY, (a political subdivision ofthe State of Colorado). whose address or principal place of business is 500 Broadwav. Eal!le. CO. 81631. hereinafter referred to as "the Contractor" . WHEREAS, pursuant to 25-4-501, 8 C.RS., as amended, the General Assembly has declared that tuberculosis is an infectious and connnunicable disease, that it endangers the population of this state, and that the treatment and control of said disease is a state responsibility; WHEREAS, pursuant to 25-4-511,8 C.RS., assistance under section 25-4-501 shall be given to any applicant who is suffering from tuberculosis in any form requiring treatment and is without sufficient means to obtain such treatment; WHEREAS, the General Assembly of the State of Colorado has, for the fiscal year beginning July 1, 2004, (SFY05-06 Long Appropriations Bill) appropriated funding for Tuberculosis control; WHEREAS, as of the made date of this Contract, the State has a currently valid Group II purchasing delegation agreement with the division of finance and procurement within the Colorado Department of Personnel and Administration; WHEREAS, section 29-1-201, C.RS., as amended, encourages governments to make the most efficient and effective use of their powers and responsibilities by cooperating and contracting with each other to the fullest extent possible to provide any function. service, or facility lawfully authorized to each of the cooperating or contracting entities, and to this end all state of Colorado contracts with its political subdivisions are exempt from the state of Colorado's personnel rules and procurement code; WHEREAS, as to the State, authority exists in the Law and Funds have been budgeted, appropriated, and otherwise made available, and a sufficient uncommitted balance thereof remains available for subsequent encumbering and payment in Fund Number(s) 100, Organizational Unit Code(s) 4644, 4648, and 4645, Appropriation Code(s) 386 Program Code(s) 9012, and Object Code(s) 5420, 2710, under Contract Encumbrance Number PO FHA EPI05000001, PO FHA EPI05000002; and PO FHA EPI0500019. Page 1 of 16 WHEREAS, all required approvals, clearances, and coordination have been accomplished from and with all appropriate agencies. NOW THEREFORE, in consideration of their mutual promises to each, stated below, the parties hereto agree as follows: A. EFFECTIVE DATE AND TERM. The proposed effective date of this Contract is Julv 1. 2004. However, in accordance with section 24-30-202(1), eR.S., as amended, this Contract is not valid until it has been approved by the State Controller, or an authorized designee thereof. The Contractor is not authorized to, and shall not, commence performance under this Contract until this Contract has been approved by the State Controller. The State shall have no fmancial obligation to the Contractor whatsoever for any work or services or, any costs or expenses, incurred by the Contractor prior to the effective date of this Contract. If the State Controller approves this Contract on or before its proposed effective date, then the Contractor shall commence performance under this Contract on the proposed effective date. If the State Controller approves this Contract after its proposed effective date, then the Contractor shall only commence performance under this Contract on that later date. The initial term of this Contract shall commence on the effective date of this Contract and continue through and including June 30.2005. unless sooner terminated by the parties pursuant to the terms and conditions of this Contract. In accordance with section 24-103- 503, C.R.S., as amended, and Colorado Procurement Rule R-24-103-503, the total term of this Contract, including any renewals or extensions hereof, may not exceed five (5) years. B. DUTIES AND OBLIGATIONS OF THE CONTRACTOR. 1. Funds provided under this Contract are to assist in supporting tuberculosis (TB) prevention and control activities as stated in section 25-4~501, et seq., eR.S., as amended, and "Rules and Regulations Pertaining to Epidemic and Communicable Disease Control" (6-CCR-I009-1, Regulation 4). The Contractor shall provide or coordinate the following services for all individuals within its service area according to the statutes and regulations listed above and the CDPHE's Tuberculosis Manual. In no event, however, shall the Contractor provide less duties than those required by the above~referenced statutes and regulations. The Contractor's use of funds under this Contract shall be prioritized as follows: priority 1) fmd all people with active TB in its service area and ensure the completion of appropriate therapy for those people; priority 2) fmd and evaluate the contacts ofTB patients and ensure the completion of appropriate therapy, if needed; priority 3) targeted testing of high-risk persons and ensure the completion of therapy for latent TB infection (L TBI), if needed. If a patient has medical insurance, then the Contractor shall utilize that patient's medical insurance as the primary payment source before using funds provided under this Contract. a. Suspected or Confirmed Active TB 1. The Contractor shall provide, or arrange for, chest x~rays and interpretations. 2. The Contractor shall collect, or arrange for the collection of, specimens for mycobacteriology testing on all persons suspected of having tuberculosis. Assure appropriate testing is performed, e.g., smears for acid-fast bacilli, (using concentrated fluorescent method), isolation of mycobacteria (using rapid methods), identification ofMTB (using rapid methods), and susceptibility testing (isoniazid, rifampin, ethambutol, and pyrazinamide) on isolates of MTB. The CDPHE Laboratory will, at no charge to the Contractor, supply specimen containers and perform the above testing for the Contractor. The Contractor shall arrange for the transportation of the specimens to the CDPHE Laboratory for testing. Page 2 of16 3. The Contractor shall provide, or arrange for, the placement of patients who require isolation. The Contractor shall contact CDPHE TB Program for assistance, if needed, and to request reimbursement from CDPHE for those costs incurred by the Contractor in isolating a patient. 4. The Contractor shall provide, or arrange for, all other necessary laboratory testing and medical evaluation services. 5. The Contractor shall order TB medications through the CDPHE TB Program. 6. The Contractor shall provide the CDPHE with the medical insurance information for those patients who have medical insurance. 7. The Contract shall provide, or arrange for, the treatment of patients with suspected or confirmed active TB, including directly observed therapy, and ensure that all patients with suspected or active TB complete therapy for all reported cases. 8. The Contractor shall provide, or arrange for, a HN antibody test for all persons diagnosed with TB disease, regardless of their age or the apparent absence of risk factors for HIV infection. In accordance with section 25-4-1401, gJ. seq.. C.R.S., as amended, the Contractor shall report all known HIV antibody test results to the CDPHE. The Contractor shall inform those individuals whom refuse testing of the risks associated with HIV!fB co-infection. 9. At least monthly, the Contractor shall monitor and evaluate those persons with suspected or confirmed active TB. 10. The Contractor shall provide culturally appropriate patient education and information pertaining to TB treatment and/or follow-up plan. 11. All reports of suspected or confirmed active TB shall include the: reason for initiating, patient name, date of birth, country of birth, demographics, locating information, provider information, TB risk factors, results of diagnostic testing, results of mycobacteriology including susceptibility results, dates of infectious period, treatment information, changes in patients' status, diagnosis, or any other information as appropriate. The Contractor shall report to CDPHE when a TB patient compietes treatment, moves, or transfers out of the Contractor's service area. Information may be reported via web-based TB case/contact management system (TBdb) or via "Tuberculosis Surveillance and Case Management Report" (TB 17), which is incoIporated herein by this reference, made a part hereof, and attached hereto as "Attachment A". Confirmed cases ofTB shall include all data elements identified in the "Report of Verified Case of Tuberculosis (RVCf)", which is incoIporated herein by this reference, made a part hereof, and attached hereto as "Attachment B"). The CDPHE shall provide the format and instructions for any additional information requests. b. Contacts to Newly Identified Infectious TB (smear and/or culture positive pulmonary oflarvneeal) 1. The Contractor shall ensure that all contacts to newly identified infectious TB cases are identified, investigated, and receive appropriate evaluation. Contact investigation and any follow-up needed as a result of an occupational exposure shall be conducted by the employer. 2. When indicated, the Contractor shall provide, or arrange for, chest x-rays and inteIpretations. 3. When indicated, the Contractor shall provide, or arrange for, other laboratory testing, and other necessary medical evaluation services. Page 3 of 16 4. The Contractor shall provide, or arrange for, the treatment (including directly observed preventive therapy when appropriate), and ensure the completion of therapy for infected contacts. 5. The Contractor shall order TB medications through the CDPHE TB Program 6. The Contractor shall provide CDPHE with the medical insurance information for those patients that have medical insurance. 7. The Contractor shall provide, or arrange for, an HIV antibody test to all persons with LTBI with HIV risk factors or from an HIV endemic area. In accordance with section 25-4-1401, f;1 seq., C.R.S., as amended, the Contractor shall report all known HIV antibody test results to the State. The Contractor shall inform all Individuals whom refuse testing of the risks associated with HIV!TB co-infection. 8. At least monthly, the Contractor shall monitor and evaluate persons with LTBI during treatment. 9. The Contractor shall provide culturally appropriate patient education and information pertaining to LTBI treatment and/or follow~up plan. 10. The Contractor shall submit a preliminary Contact Investigation Report, which is incorporated herein by this reference, made a part hereof, and attached hereto as "Attachment C") to the CDPHE TB Program after initiation of each contact investigation. The Contractor shall submit a final report to CDPHE when a contact investigation is completed. 11. Reports for those persons identified, as part of a contact investigation, with latent TB infection, or those with suspected latent TB infection requiring treatment recommendations from the CDPHE shall include: reason for initiating, patient name, date of birth, country of birth, demographics, locating information, provider information, TB risk factors, results of diagnostic testing, treatment information, or any other information as appropriate. The Contractor report to CDPHE when a LTBI patient completes treatment, moves, or transfers out of the Contractor's service area. Information may be reported via web-based TB case/contact management system (TBdb) or via "Tuberculosis Surveillance and Case Management Reporf' (TB 17). The CDPHE shall provide format and instructions for any additional information requests. c. High-Risk Persons with L TBI 1. When indicated, the Contractor shall provide, or arrange for, chest x-rays and interpretations. 2. When indicated, the Contractor shall provide, or arrange for, all other necessary laboratory testing and medical evaluation services. 3. The Contractor shall provide, or arrange for, the treatment (including directly observed preventive therapy when appropriate), and ensure the completion of therapy. 4. The Contractor shall order TB medications through the CDPHE TB Program 5. The Contractor shall provide the CDPHE with the medical insurance information for those patients that have medical insurance. Page 4 of 16 6. The Contractor shall provide, or arrange for, a HIV antibody test to all persons with L TBI with HIV risk factors or from an HIV endemic area. In accordance with section 25-4-l40l,!}1 seq., c.R.S., as amended, the Contractor shall report all known HIV antibody test results to the CDPHE. The Contractor shall inform those individuals whom refuse testing of the risks associated with HIV ffB co-infection. 7. At least monthly, the Contractor shall monitor and evaluate persons with L TBI during treatment. 8. The Contractor shall provide culturally appropriate patient education and infonnation pertaining to LTBI treatment and/or follow-up plan. 9. Reports of persons with L TBI shall include the: reason for initiating, patient name, date of birth, country of birth, demographics, locating infonnation, provider infonnation, TB risk factors, results of diagnostic testing, treatment infonnation, or any other infonnation as appropriate. Contractor shall report when a L TBI patient completes treatment, moves, or transfers out of the jurisdiction. Infonnation may be reported via web-based TB case/contact management system (TBdb) or via "Tuberculosis Surveillance and Case Management Report" (TB 17). The CDPHE shall provide fonnat and instructions for any additional infonnation requests. 10. Tuberculin skin testing, chest x-rays, and chest x-ray interpretations are not eligible for reimbursement under this Contract for the following: i. Correctional facility inmates; ii. Persons, other than Class A or B TB immigrants, undergoing immigration medical examinations; iii. Paid or volunteer employees of health care facilities, long-term care facilities, drug treatment centers, correctional facilities, shelters, schools, or child care facilities who undergo skin testing as part of a routine employment skin testing program. d. Class A or B TB Immigrants The CDPHE TB Program shall immediately notifY the Contractor of all newly arrived Class A or B TB immigrants to the county via a CDC 75.17 form, which is incorporated herein by this reference, made a part hereof, and attached hereto as "Attachment D". Within thirty (30) calendar days of the Contractor's receipt of written notification from the CDPHE of the arrival of a Class A or B immigrant, the Contractor shall contact that immigrant and conduct a TB screening including a tuberculin skin test, provide or arrange for, sputum collection and testing for acid-fast bacilli x 3, and chest x-ray. The Contractor shall provide appropriate follow-up for an identified immigrant and, complete and retum the CDC 75.17 form for an identified immigrant to the CDPHE. Page 5 of 16 e. TB Education and Consultation As needed, the Contractor shall provide consultation services to providers in its service area regarding TB reporting, screening, treatment, and follow~up. f. Reports for contract monitoring The Contractor shall provide the CDPHE with a semi-annual report on TB activities in its service area. A sample of the semi-annual report is incorporated herein by this reference, made part hereof, and attached hereto as "Attachment E". 1. July 1, 2004, through December 31, 2004 - due January 31, 2005; and, 2. January 1,2005, through June 30, 2005 - due July 31,2005. g. Tuberculosis Response Plan The CDPHE TB Program shall implement a Tuberculosis Response Plan in the event a county experiences an exceptional1B circumstance (which is descnbed in the Tuberculosis ResponsePlan, which is incorporated herein by this reference, made a part hereof, and attached hereto as "Attachment F". The Tuberculosis Response Plan provides for the assessment of additional TB response activities, in collaboration with local public health authorities, to ensure comprehensive and prompt response to the situation. h. Confidentiality The Contractor shall maintain internal medical and administrative records in a manner which ensures the confidentiality and security of those records in accordance with all applicable statutes including, but not limited to, 25-1-107, C.R.S., as amended. C. DUTIES AND OBLIGATIONS OF THE STATE. 1. In consideration of those services satisfactorily and timely performed by the Contractor under this Contract, the State shall cause to be paid to the Contractor a sum not to exceed FOUR mOUSAND NINE HUNDRED SEVEN DOLLARS, ($4.907.00) for the initial term of this Contract. Of the total financial obligation of the State referenced above, $4.907.00 are identified as attributable to a funding source of the state of Colorado. Payment pursuant to this contract shall be made as earned, in whole or in part, from available State funds encumbered in an arnount not to exceed TWENTY THOUSAND DOLLARS ($20.000.00) Statewide for Tuberculosis Direct Observed Therapy for State Fiscal Year 2005. Of the total financial obligation of the State referenced above, one hundred percent is derived from the State General Fund. The liability of the State, at any time, for such payments shall be limited to the unencumbered remaining balance of such funds. If there is a reduction in the total funds appropriated for the purposes of this Contract, then the State, in its sole discretion, may proportionately reduce the funding for this Contract or terminate this Contract in its entirety. Page 6 of 16 Payment pursuant to this contract shall be made as earned, in whole or in part, from available State funds encumbered in an amount not to exceed EIGHT THOUSAND NINE HUNDRED DOLLARS ($8.900.00) Statewide for Tuberculosis Dia!!nostic Services for State Fiscal Year 2005. Of the total fmandal obligation of the State referenced above, one hundred percent is derived from the State General Fund. The liability of the State, at any time, for such payments shall be limited to the unencumbered remaining balance of such funds. If there is a reduction in the total funds appropriated for the purposes of this Contract, then the State, in its sole discretion, may proportionately reduce the funding for this Contract or tenninate this Contract in its entirety. Description Fundin!! Source Amount Tuberculosis Control and Outreach State $ 4,907.00 Diagnostic Services State As Administered Direct Observed Therapy State As Administered ($12.50 per onsite visit) ($25.00 per field visit) TOTAL $ 4,907.00 2. To receive compensation under this Contract, the Contractor shall submit a signed monthly "Cost Reimbursement Statement". A sample Cost Reimbursement Statement is incorporated herein by this reference, made a part hereof, and attached hereto as "Attachment G". A Cost Reimbursement Statement must be submitted within thirty (30) calendar days of the end of the billing period for which services were rendered. Expenditures shall be in accordance with those items identified above. These items may include, but are not limited to: the Contractor's salaries, fringe benefits, supplies, travel, operating, and indirect costs which are allowable and allocable expenses related to its performance under this Contract. 3. Cost Reimbursement Statements shall: reference this Contract by its contract routing number, which number is located on page one of this Contract; state the applicable performance dates, the names of payees; a brief description of the services performed during the relevant performance dates; the incurred expenditures; and, the total requested reimbursement. Reimbursement during the initial, and any renewal or extension, term of this Contract shall be conditioned upon affrrmation by the State that all services were rendered by the Contractor in accordance with the tenus of this Contract. Cost Reimbursement Statements shall be sent to: Barb Stone Tuberculosis Program Colorado Department ofPubJic Health and Environment DCEED-A3 4300 Cherry Creek Drive South Denver, CO 80246 Page 7 of 16 4. Contract Renewal, Extension, and Modification. The State, with the concurrence of the Contractor, may prospectively renew or extend the term of this Contract, or increase or decrease the amount payable under this Contract through a "Limited Amendment" that is substantially similar to the sample form Limited Amendment that is incorporated herein by this reference and identified as "Attachment H". To be effective, this Limited Amendment must be signed by the State and the Contractor, and be approved by the State Controller or an authorized delegate thereof. The parties understand that this Limited Amendment shall be used only for the following: A. To increase or decrease the level of funding during the current term of the Original Contract due to an increase or decrease in the amount of goods and/or level of services being provided based upon the existing Scope of Work and/or established pricing and/or established Budget/pricing; B. To revise specifications within the current Scope of Work and/or Budget that increase/decrease the level of funding during the current term of the Original Contract; C. To renew or extend the term of the contract with appropriate changes in the amount of funding that results in a new total financial obligation of the State based upon: a. the same Scope of Work and pricing, or b. revised specifications to the previously defined Scope of Work. D. To make changes to the specifications to the original Scope of Work, project management/manager identification, notice address or notification personnel, or the period of performance, that result in "no cost" changes to the Budget. Upon proper execution and approval, this Limited Amendment shall become a formal amendment to this Contract. 5. Other Contract Modifications. If either the State or the Contractor desires to modify the terms and conditions of this Contract other than as provided for in paragraph C. 4. above, then the parties shall execute a standard written amendment to this Contract initiated by the State. The standard written amendment must be executed and approved in accordance with all applicable laws and rules by all necessary parties including the State Controller or delegate. D. GENERAL PROVISIONS. 1. Because this Contract involves the expenditure of federal, state, or private funds, this Contract is subject to, and contingent upon, the continued availability of those funds for payment pursuant to the terms and conditions of this Contract. If those funds, or any part thereof, become unavailable as determined by the State, then the State may immediately terminate this Contract. 2. The parties warrant that each possesses actual, legal authority to enter into this Contract. The parties further warrant that each has taken all actions required by its applicable law, procedures, rules, or bylaw to exercise that authority, and to lawfully authorize its undersigned signatory to execute this Contract and bind that party to its terms. The person or persons signing this Contract, or any attachments or amendments hereto, also warrant( s) that such person( s) possess( es) actual, legal authority to execute this Contract, and any attachments or amendments hereto, on behalf of that party. Page 8 ofl6 3. The Contractor is a "public entity" within the meaning of the Colorado Governmental Immunity Act (CGIA), section 24-10-10 I, gJ. seq., C.R.S., as amended. Therefore, at all times during the initial term of this Contract, and any renewals or extensions hereof, the Contractor shall maintain such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the CGIA. If requested by the State, the Contractor shall provide the State with written proof of such insurance coverage. 4. The Contractor certifies that, as of the effective date of this Contract, it has currently in effect all required licenses, certifications, approvals, insurance, permits, etc., if any, that are necessary to properly perform the services and/or deliver the products specified in this Contract. The Contractor also warrants that it shall maintain all required licenses, certifications, approvals, insurance, permits, etc., if any, that are necessary to properly perform this Contract, without reimbursement by the State or other adjustment in the Contract price. Additionally, all employees or subcontractors of the Contractor performing services under this Contract shall hold, and maintain in effect, all required licenses, certifications, approvals, insurance, permits, etc., if any, that are necessary to perform their duties and obligations under this Contract. Any revocation, withdrawal or nomenewal of any required licenses, certifications, approvals, insurance, permits, etc., if any, that are necessary for the Contractor, or its employees and subcontractors, to properly perform its duties and obligations under this Contract shall be grounds for termination of this Contract by the State for default without further liability to the State. 5. To be considered for payment, billings for payments pursuant to this Contract must be received within a reasonable time after the period for which payment is requested; but in no event no later than sixty (60) calendar days after the relevant performance period has passed. Final billings under this Contract must be received by the State within a reasonable time after the expiration or termination of this Contract; but in no event no later than sixty (60) calendar days from the effective expiration or termination date of this Contract. 6. Unless otherwise provided for in this Contract, "Local Match" shall be included on all billing statements, in the column provided therefore, as required by the funding source. 7. The Contractor shall grant to the State, or its authorized agents, access to the records and financial statements of the Contractor that directly relate to its performance under this Contract. The Contractor shall retain all such records and financial statements for a period of six (6) years after the date of issuance of a fmal audit report. This requirement is in addition to any other audit requirements contained in other paragraphs of this Contract. 8. Unless otherwise provided for in this Contract, for all contracts with terms longer than three (3) months, the Contractor shall submit a written progress report specifYing the progress made for each activity identified in this Contract. These progress reports shall be submitted in accordance with any applicable procedures developed and prescribed by the State. The preparation of progress reports in a timely manner is the responsibility of the Contractor. If the Contractor fails to comply with this provision, then the failure: may result in a delay of payment of funds; or, termination of this Contract. Page 9 of 16 9. The Contractor shall maintain a complete file of all records, documents, communications, and other materials that directly relate to this Contract. These materials shall be sufficient to properly reflect all direct and indirect costs oflabor, materials, equipment, supplies, and services, and other costs of whatever nature for which a contract payment was made. These records shall be maintained according to generally accepted accounting principles and shall be easily separable from other records of the Contractor. Copies of all such records, documents, communications, and other materials shall be the property of the State and shall be maintained by the Contractor, in a central location as custodian for the State, on behalf of the State, for a period of six (6) years from the date of final payment under this Contract, or for such further period as may be necessary to resolve any pending matters, including, but not limited to, audits performed by the federal government. 10. The Contractor authorizes the State, or its authorized agents or designees, to perform audits or make inspections of those records that directly relate to its performance under this Contract. Audits and inspections may be made at any reasonable time during the term of this Contract and for a period of three (3) years after the termination or expiration date of this Contract. The Contractor shall permit the State, or any other duly authorized governmental agent or agency, to monitor all activities conducted by the Contractor pursuant to the terms of this Contract. Monitoring may include, but is not limited to: internal evaluation procedures, examination of program data, special analyses, on-site checks, formal audit examinations, or any other reasonable procedures. All monitoring shall be performed by the State in a manner that does not unduly interfere with the work of the Contractor. 11. Subject to the Public (Open) Records Act, section 24-72-101, et seq.. C.R.S., as amended, if the Contractor obtains access to any records, files, or other information of the State in connection with, or during the performance of, this Contract, then the Contractor shall keep all such records, files, or other information confidential and shall comply with all laws and regulations concerning the confidentiality of all such records, files, or information to the same extent as such laws and regulations apply to the State. Any breach of confidentiality by the Contractor, or third party agents of the Contractor, shall constitute good cause for the State to cancel this Contract, without liability to the State. Any State waiver of an alleged breach of confidentiality by the Contractor, or third party agents of the Contractor, does not constitute a waiver of any subsequent breach by the Contractor, or third party agents of the Contractor. 12. Unless otherwise provided for in this Contract, or in a written amendment executed and approved pursuant to the Fiscal Rules of the state of Colorado, all material, information, data, computer software, documentation, studies, and evaluations produced in the performance of this Contract for which the State has made a payment under this Contract are the sole property ofthe State. 13. If any copyrightable material is produced under this Contract, then the State shall have a paid in full, irrevocable, royalty free, and non-exclusive license to reproduce, publish, or otherwise use, and authorize others to use, the copyrightable material for any purpose authorized by the Copyright Law of the United States as now or hereinafter enacted. Upon the written request of the State, the Contractor shall provide the State with three (3) copies of all such copyrightable material. Page 10 of 16 14. If required by the tenns and conditions of a state grant, the Contractor shall obtain the prior approval of the State and all necessary third parties prior to publishing any materials produced under this Contract. If required by the tenns and conditions of a state grant, the Contractor shall also credit the State and all necessary third parties with assisting in the publication of any materials produced under this Contract. 15. If this Contract is in the nature of personaVpurchased services, then the State reserves the right to inspect services provided under this Contract at all reasonable times and places during the term of this Contract. "Services", as used in this clause, includes services performed or written work performed in the performance of services. If any of the services do not conform with the tenns of this Contract, then the State may require the Contractor to perform the services again in confonnity with the tenns of this Contract, with no additional compensation to the Contractor for the reperformed services. When defects in the quality or quantity of the services cannot be corrected by reperformance, then the State may: require the Contractor to take all necessary action(s) to ensure that the future performance confonns to the tenns of the Contract; and, equitably reduce the payments due to the Contractor under this Contract to reflect the reduced value of the services performed by the Contractor. These remedies in no way limit the other remedies available to the State as set forth in this Contract. 16. If, through any cause attributable to the action( s) or inaction( s) of the Contractor, the Contractor: fails to fulfill, in a timely and proper manner, its duties and obligations under this Contract; or, violates any of the agreements, covenants, provisions, stipulations, or tenns of this Contract, then, the State shall thereupon have the right to cancel this Contract, in whole or in part, for cause by giving written notice thereof to the Contractor. The written notice shall be given to the Contractor no less than thirty (30) calendar days before the proposed cancellation date and shall afford the Contractor the opportunity to cure the default or state why cancellation is otherwise inappropriate. If this Contract is cancelled for default, then all finished or unfInished data, documents, drawings, evaluations, hardware, maps, models, negatives, photographs, reports, software, studies, surveys, or any other material, medium or information, however constituted, which has been or is to be produced or prepared by the Contractor under this Contract shall, at the option of the State, become the property of the State. The Contractor shall be entitled to receive just and equitable compensation for any services or supplies delivered to, and accepted by, the State. If applicable, the Contractor shall return any unearned advance payment it received under this Contract to the State. Notwithstanding the above, the Contractor is not relieved of liability to the State for any damages sustained by the State because of the breach of this Contract by the Contractor. The State may withhold any payment due to the Contractor under this Contract to mitigate the damages of the State until such time as the exact amount of those damages is determined. If, after canceling this Contract for default, it is determined for any reason that the Contractor was not in default, or that the action(s) or inaction(s) of the Contractor was excusable, then such cancellation shall be treated as a termination for convenience, and the respective rights and obligations of the parties shall be the same as if this Contract had been terminated for convenience as described below. 17. The State may, when the interests of the State so require, terminate this Contract, in whole or in part, for the convenience of the State. The State shall give written notice of termination to the Contractor. The written notice shall specify the partes) of the Contract terminated. The written notice shall be given to the Contractor no less than thirty (30) calendar days before the effective date of termination. If this Contract is terminated for convenience, then all finished or unfinished data, documents, drawings, evaluations, hardware, maps, models, negatives, photographs, reports, software, studies, surveys, or any other material, medium or information, however constituted, which has been or is to be produced or prepared by the Contractor under this Contract shall, at the Page 11 of 16 option of the State, become the property of the State. The Contractor shall be entitled to receive just and equitable compensation for any services or supplies delivered to, and accepted by, the State. If applicable, the Contractor shall return any unearned advance payment it received under this Contract to the State. This paragraph in no way implies that a party has breached this Contract by the exercise of this paragraph. If this Contract is terminated by the State as provided for herein, then the Contractor shall be paid an amount equal to the percentage of services actually performed for, or goods actually delivered to, the State, less any payments already made by the State to the Contractor for those services or goods. However, ifless than sixty percent (60%) of the services or goods covered by this Contract have been performed or delivered as of the effective date oftermination, then the Contractor shall also be reimbursed (in addition to the above payment) for that portion of those actual "out~of-pocket" expenses (not otherwise reimbursed under this Contract) incurred by the Contractor during the term of this Contract that are directly attributable to the uncompleted portion of the services, or the undelivered portion of the goods, covered by this Contract. In no event shall reimbursement under this clause exceed the total financial obligation of the State to the Contractor under this Contract. If this Contract is canceled for default because of a material breach of this Contract by the Contractor, then the above provisions for cancellation for default shall apply. 18. Neither the Contractor nor the State shall be liable to the other for any delay in, or failure of performance of, any covenant or promise contained in this Contract to the extent that the delay or failure is caused by a supervening cause. As used in this Contract, "supervening cause" is defined to mean: an act of God, fire, explosion, action of the elements, strike, interruption of transportation, rationing, court action, illegality, unusually severe weather, war, or any other cause which is beyond the control of the affected party and which, by the exercise of reasonable diligence, could not have been prevented by the affected party. A delay or failure to perform that is caused by a supervening cause shall not constitute a material breach of this Contract or give rise to any liability for damages therefor under this Contract. 19. The enforcement of the terms and conditions of this Contract, and all rights of action related to that enforcement, shall be strictly reserved to the State and the Contractor. Nothing contained in this Contract shall give rise to, or allow, any claim or right of actj.on whatsoever to or by any third person. Nothing contained in this Contract shall be construed as a waiver of any provision of the Colorado Governmental Immunity Act, section 24-10-101 g1seq.. C.R.S., as amended. Any person or entity, other than the State or the Contractor, who may receive services or benefits under this Contract shall be deemed an incidental beneficiary only. 20. To the extent that this Contract may be executed and performance of the obligations of the parties may be accomplished within the intent of this Contract, the terms of this Contract are severable. If any term or provision of this Contract is declared invalid by a court of competent jurisdiction, or becomes inoperative for any other reason, then that invalidity or failure shall not affect the validity of any other term or provision of this Contract. 21. The waiver of a breach of a term or provision of this Contract shall not be construed as a waiver of a breach of any other term or provision of this Contract or, as a waiver of a breach of the same term or provision upon subsequent breach. Page 12 ofl6 22. If this Contract is in the nature of person aI/purchased services, then, except for accounts receivable, the rights, duties, and obligations of the Contractor shall not be assigned, delegated, or otherwise transferred, except with the prior, express, written consent of the State. " 23. Unless otherwise provided for in this Contract, this Contract shall inure to the benefit of, and be binding upon, the parties hereto and their respective successors and assigns. 24. Unless otherwise provided for in this Contract, the Contractor shall notifY the State, within five (5) working days after being served with a summons, complaint, or other pleading in any case that involves any services provided under this Contract and which has been filed in any federal or state court or administrative agency. The Contractor shall deliver copies of any documents that it was served with to the State within five working (5) days of the date of service. 25. This Contract is subject to such modifications as may be required by changes in applicable law, or the implementing rules, regulations, or procedures of that law. Any required modification(s) shall be automatically incorporated into, and be made a part of, this Contract as of the effective date of the change as if that change was fully set forth herein. Except as provided above, no modification of this Contract shall be effective unless that modification is agreed to in writing by both parties in the form of a written amendment to this Contract that has been previously executed and approved in accordance with the Fiscal Rules of the state of Colorado. 26. Unless otherwise provided for in this Contract, all terms and conditions of this Contract, and the attachments or exhibits hereto, that may require continued performance or compliance beyond the termination or expiration date of this Contract shall survive that termination or expiration date and shall be enforceable as provided for herein. 27. Unless otherwise provided for in this Contract, no term or condition of this Contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions of the Colorado Governmental Immunity Act (CGIA), section 24- 10-101, et seq,. C.R.S., as amended. Liability for claims for injuries to persons or property arising out of the alleged negligence of the State or the Contractor, their departments, institutions, agencies, boards, officials, and employees is controlled and limited by the provisions of section 24-10-101 et seq.. C.R.S., as amended. 28. The captions and headings used in this Contract are for identification only, and shall be disregarded in any construction of the terms, provisions, and conditions of this Contract. 29. The exclusive venue for any action related to this Contract shall be in the City and County of Denver, Colorado. 30. All attachments or exhibits to this Contract are incorporated herein by this reference and made a part hereof as if fully set forth herein. In the event of any conflict or inconsistency between the terms of this Contract and those of any attachment or exhibit to this Contract, the terms and conditions of this Contract shall control. Page 13 of 16 31. This Contract is 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 amendment to this Contract executed and approved in accordance with applicable law. E. SPECIAL PROVISIONS. 1. CONTROLLER'S APPROVAL. CRS 24-30-202 (1) This contract shall not be deemed valid until it has been approved by the Controller of the State of Colorado or such assistant as he may designate. 2. FUND AVAILABILITY. CRS 24-30-202 (5.5) Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. 3. INDEMNIFlCATION. To the extent authorized by law, the contractor shall indemnify, save, and hold harmless the State 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 tenus of this contract No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions for the parties, of the Colorado Governmental Immunity Act, CRS 24-10-101, et seq., or the federal tort claims act, 28 U.S.C. 2671 et seq., as applicable as now or hereafter amended. 4. INDEPENDENT CONTRACTOR. 4 CCR 801-2 THE CONTRACfOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACfOR AND NOT AS AN EMPLOYEE. NEITHER THE CONTRACfOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACfOR SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE. CONTRACfOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID BY TIlE STATE PURSUANT TO TIllS CONTRACf. CONTRACfOR ACKNOWLEDGES THAT THE CONTRACfOR AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACfOR OR THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. CONTRACfOR SHALL HAVE NO AUTHORIZATION, EXPRESS OR IMPLIED, TO BIND THE STATE TO ANY AGREEMENTS, LIABILITY, OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTIl HEREIN. CONTRACfOR SHALL PROVIDE AND .KEEP IN FORCE WORKERS' COMPENSATION (AND PROVIDE PROOF OF SUCH INSURANCE WHEN REQUESTED BY THE STATE) AND UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY Page 14 of 16 IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day flIst above written. . CONTRACTOR: STATE: BOARD OF COUNTY COMMISIONERS OF STATE OF COLORADO EAGLE COUNTY Bill Owens, Governor (a political subdivision of the state of Colorado) By: ~.~ By: Name: ecutive Director Title: DEPAR NT OF PUBLIC REALm FEIN: 846000762 AND ENVIROrNT Date: Date: , .. fP-6 (Seal) ATTEST:: PROGRAM APPROVAL: By: A~ By: ~ ~ 1'/ .-- APPROVALS: COLORADO DEPARTMENT OF LAW OFFICE OF THE ATTORNEY GENERAL Ken Salazar, Attorney General By: r-- ( 0- Date: ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not valid until the State Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to begin performance until the contract is signed and dated below. If performance begins prior to the date below, the State of Colorado may not be obligated to pay for the goods and/or services provided. STATE CONTROLLER: Arthur L. Barnhart By: '- d'4:L~'--L o.,(~}O or---' Date: ~ '~D~ Page 16 of 16 LAW, AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR, ITS EMPLOYEES AND AGENTS. 5. NON-DISCRIMINATION. The contractor agrees to comply with the letter and the spirit of all applicable state and federal laws respecting discrimination and unfair employment practices. 6. CHOICE OF LAW. 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 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 part shall be valid or enforceable or available in any action at law whether by way of complaint, defense, 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 contract is capable of execution. 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. 7. SOFTWARE PIRACY PROHIBITION GOVERNOR'S EXECUTIVE ORDER. No State or other public funds payable under this Contract shall be used for the acquisition, operation or maintenance of computer software in violation of United States copyright laws or applicable licensing restrictions. The Contractor hereby certifies that, for the term of this Contract and any extensions, the Contractor has in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that the Contractor is in violation of this paragraph, the State may exercise any remedy available at law or equity or under this Contract, including, without limitation, immediate termination of the Contract and any remedy consi~tent with United States copyright laws or applicable licensing restrictions. 8. EMPLOYEE FINANCIAL INTEREST. CRS 24-18-201 & CRS 24-50-507 The signatories aver that to their knowledge, no employee of the State of Colorado has any personal or beneficial interest whatsoever in the service or property descnbed herein. Page 15 ofI6 ('<1.1".1<'..... z. ~ -" DEPARTMENT OR AGENCY NAME COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENTu, Tuberculosis Program DEPARTMENT OR AGENCY NUMBER FHA CONTRACT ROUTING NUMBER 05-00304 LIMITED AMENDMENT #1 '--~~ , "-,.. This Limited Amendment is made this h!!! day of May, ~> by and between the State of Colorado, acting by and through the DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, whose address or principal place ofbus.iness is4300 Cherry Creek Drive South, Denver, Colorado 80246, hereinafter referredto as t~e "State"; c, c. ,..... ,.."".. .... '-"" '" , , .... .. '...... '_".... , '...... and, BOARD OF COuNTY COMMISSIONERS OF EAGLE COUNTY a olitical subdivision of the State of Colorado) whose address or principal place of business is 500 Broadwav, Eal!le, Colorado, 81631, hereinafter referred to as the "Contractor". FACTUAL RECITALS The parties entered into a contract dated Julv 1, 2004, with contract encumbrance number PO FHA EPI0500019, and contract routing number 05 FHA 00019, whereby the Contractor was to provide to the State the following: The Contractor will assist in supporting tuberculosis prevention and control activities within Eagle County. The State promises to increase the amount of funds to be paid to the Contractor by NINE HUNDRED FIFTY DOLLARS, ($950.00) during the current term of the Original Contract in exchange for the promise of the Contractor to perform the increased work under the Original Contract. NOW THEREFORE, in consideration of their mutual promises to each other, stated below, the parties hereto agree as follows: 1. Consideration for this Limited Amendment to the Original Contract consists of the payments and services that shall be made pursuant to this Limited Amendment, and promises and agreements herein set forth. 2, It is expressly agreed to by the parties that this Limited Amendment is supplemental to the original Contrlfct;'contract routing number 05 FHA 00019, collectively referred to herein as the Original- Contract, which is by this reference incorporated herein, All terms, conditions, and provisions thereof, unless specifically modified herein, are to apply to this Limited Amendment as though they were expressly rewritten, incorporated, and included herein. 3, It is expressly agreed to by the parties that the Original Contract is and shall be modified, altered, and changed in the following respects only: A. This Limited Amendment is issued pursuant to paragraph C.4.ofthe Original Contract identified by contract routing number 05 FHA 00019. This Limited Amendment is for the current term of Julv 1, 2004, through and including June 30, 2005. The maximum amount payable by the State for the work to be performed by the Contractor during this current term is increased by l'imE. HUNDRED FIFTY DOLLARS, ($950.00} for an amended total fmancial obligation of the State of FIVE THOUSAND EIGHT HUNDRED FIFTY SEVEN DOLLARS, ($5,857.00), The revised specifications to the Budget, if any, are incorporated herein by this reference and identified as "Attachment 1". The first sentence in paragraph!2:L of the Original Contract is modified accordingly. All other terms and conditions of the Original Contract are reaffmned, Page I of3 ,-, - 4, The effective date of this Amendment is May 23,2005, or upon approval of the State Controller, or an authorized delegate thereof, whichever is later. 5. Except feWtIle'GerieT'al Provisions and Special Provisions of the Original Contract, in'the event ofany conflict, inconsistency, variance, or contradiction between the terms and provisions of this Amendment and any of the terms and provisions of the Original Contract, the terms and provisions of this Amendment shall in all respects supersede, govern, and control. The Special Provisions shall always control over other provisions of the Original Contract or any subsequent amendments thereto, The representations in the Special Provisions to the Original Contract concerning the absence of personal interest of state of Colorado employees is presently reaffirmed. 6. ,-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. . ,..... 'jl.y:~,.j" ,"."~'1f < ~.. ~,..~,.,' -..~~..; Page 2 of3 -~ IN WITNESS WHEREOF, the parties hereto have executed this Form Amendment on the day fIrst above written. ,/' --~ --~ CONTRACTOR: STATE: BOARD OF COUNTY COMMISIONERS OF STATE OF COLORADO EAGL Y Bill Owens, Governor (a politi al b I . . on ofthe State of Colorado) B~ By: Name: For the Executive Director Title: DEPARTMENT OF PUBLIC HEALTH FEIN: AND ENVIRONMENT , ATTEST: PROGRAM APPROVAL: !ftheJ=:o!!t!~SJt?~.J~~, ~~rpora.tion . )1 ~ ~ (~cc"''{lc,r;:\ I or governmental entIty, then an attestatIon By: "'''Oc:::.l'iA\.U{, _ i /\A.r}"\.., { ~ V'.....r-....... is required. ''''j"""", ',j J -""':t~l~ f</('i';; ,\ (Seal, if available.) (X ik,i~';:f \\ ~~ ~ __ .Pi "'~'& J I By:' . ~>~'~!~~~';~~'kl~ City, City and C unty, County,'h<:,/' Special District, or Town Clerk or Equivalent ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS 24-30-202 requires that the State Controller approve all state contracts. This limited amendment is not valid until the State Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to begin performance until the contract is signed and dated below. If performance begins prior to the date below, the State of Colorado may not be obligated to pay for goods and/or services provided. STATE CONTROLLER Leslie M. Shenefelt By: "-' . ;;;-:- ;;;'. ~,,-....>,~-~. '\!;<>;':',.-~ ',', ' .- ~"'." Date: Form: LA T 7 -1-04GN Page 3 of3 ,_. Attachment I Eagl~CqUJ1ty.HE;aIth &: Hum~n Services .....-,. ,--,- Limited Amendment #1,05 FHA 00304 Original Contract #EPI0500019 May 2005-June 2005 Budget ($950.00) TB Activities $950.00 T~ -$950~'OO :,.'- '';' .~. .~ r',,~' /lr t> ~'2.2- - DEPARTMENT OR AGENCY NAME COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT -_. Tuberculosis Program DEPARTMENT OR AGENCY NUMBER FHA CONTRACT ROUTING NUMBER 05-00304 LIMITED AMENDMENT #1 '---~ . ,-. This Limited Amendment is made this b!!! day of May. 2005, by and between the State of Colorado, acting by and through the DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, whose address or principal place ofbusine~s is 4~00 Cherry Creek Drive South, Denver, Colorado 80246, hereinafter referred to as the, "State"; and, BO.ARD OF' COUNTY COMMISSIONERS OF EAGLE COUNTY, (a politfcai subdivision ~f the State of Colorado) whose address or principal place of business is 500 Broadway, Eal!le, Colorado, 81631, hereinafter referred to as the "Contractor". FACTUAL RECITALS The parties entered into a contract dated July 1, 2004, with contract encumbrance number PO FHA EPI0500019, and contract routing number 05 FHA 00019, whereby the Contractor was to provide to the State the following: The Contractor will assist in supporting tuberculosis prevention and control activities within Eagle County. The State promises to increase the amount of funds to be paid to the Contractor by NINE HUNDRED FIFTY DOLLARS, ($950.00) during the current term of the Original Contract in exchange for the promise of the Contractor to perform the increased work under the Original Contract. NOW THEREFORE, in consideration of their mutual promises to each other, stated below, the parties hereto agree as follows: 1. Consideration for this Limited Amendment to the Original Contract consists of the payments and services that shall be made pursuant to this Limited Amendment, and promises and agreements herein set forth. 2. It is expressly agreed to by the parties that this Limited Amendment is supplemental to the original -' "'" contract;'contract routing number 05 FHA 00019, collectively referred to herein as.the Original-Contract, which is by this reference incorporated herein. All tenns, conditions, and provisions thereof, unless specifically modified herein, are to apply to this Limited Amendment as though they were expressly rewritten, incorporated, and included herein. 3. It is expressly agreed to by the parties that the Original Contract is and shall be modified, altered, and changed in the following respects only: A. This Limited Amendment is issued pursuant to paragraph C.4.ofthe Original Contract identified by contract routing number 05 FHA 00019. This Limited Amendment is for the current term of July 1, 2004. through and including June 30, 2005. The maximum amount payable by the State for the work to be performed by the Contractor during this current term is increased by ~ HUNDRED FIFTY DOLLARS, ($950.00) for an amended total financial obligation of the State of FIVE THOUSAND EIGHT HUNDRED FIFTY SEVEN DOLLARS, ($5,857.00). The revised specifications to the Budget, if any, are incorporated herein by this reference and identified as "Attachment 1". The :fIrst sentence in paragraph C.l. of the Original Contract is modified accordingly. All other tenns and conditions of the Original Contract are reaffmned. Page 1 of3 ,- 4. The effective date of this Amendment is Mav 23. 2005, or upon approval of the State Coiltroller, or an authorized delegate thereof, whichever is later. 5. ,., E'xceptfoHne'Gerieral Provisions and Special Provisions of the Original Contract, in'the event or any conflict, inconsistency, variance, or contradiction between the terms and provisions of this Amendment and any of the terms and provisions of the Original Contract, the terms and provisions of this Amendment shall in all respects supersede, govern, and control. The Special Provisions shall always control over other provisions of the Original Contract or any subsequent amendments thereto. The representations in the Special Provisions to the Original Contract concerning the absence of personal interest of state of Colorado employees is presently reaffIrmed. 6. ~-1llNANClAt OBLIGA nONS OF THE STATE PAYABLE AFTER THE CURRENT FISCAL YEAR ARE CONTINGENT UPON FUNDS FOR THAT PURPOSE BEING APPROPRIATED, BUDGETED, AND OTHERWISE MADE AVAILABLE. ~ ;:""', ,~,_~,,'~'\;_lt ;J",.!.~.~:",;., . ,,,'.\. '.->"'~"If! . ,"Ai' , , .~ ;.~, ~J1.;Y"ii'~fJi:';".1:_lfuil~"""'" . -.'~ . -.--'~#'" . .:"...... , , Page 2 of3 - IN WITNESS WHEREOF, the parties hereto have executed this Form Amendment on the day fIrst above written. ,/ -,- --~-'- CONTRACTOR: STATE: BOARD OF COUNTY COMMISIONERS OF STATE OF COLORADO EAGLE Bill Owens, Governor (a polit" al s Fo4.{8 By: , By: Name: Title: DEPARTMENT OF PUBLIC HEALTH FEIN : 846000762 AND ENVIRONMENT ......--. h_. __.~, , '-., ATTEST: PROGRAM APPROVAL, ~ . If theContr~ctor is a corporation J;1. ',-l:'>'!: ",..',........~~J:.-!'"~'tlLOl~_:....;..,:. . ''"' '-t . By, .!ittN.,tL & lp :.e k or governmental entity, then an attestation is required. ~, J /.....--', I\~ .' '\ '''1 (:. (Seal, if available.)".) i h1l., ~ By: ~~~~ - ., " \\ \. 0 '* City, City and Co nty, County, ' "G,v',\) Special District, or Town Clerk or Equivalent ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS 24-30-202 requires that the State Controller approve all state contracts. This limited amendment is not valid until the State Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to begin performance until the contract is signed and dated below. Ifperformance begins prior to the date below, the State of Colorado may not be obligated to pay for goods and/or services provided. By: '" ;.~~ ""'~~;~"""';">'f_~~.''''''<' ", I . , , Date: Form: LA T 7 -1-04GN Page 3 of3 ,- Attachment I Eagl~CQlll)t~H~a1th &;, Human Services ~.. .-,---...----' Limited Amendment #1,05 FHA 00304 Original Contract #EPI05000 19 May 200S-June 2005 Budget ($950.00) TB Activities $950.00 TG'fAL --, '$950:00 ._- "tr ~ "..;: . ~:,:- ,~" ...',1..;. ., , ' . .--~...>.. ,"p ;,",~.-. .;" ,-' '~'" .,,-.~-', . , , _..,_J......