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HomeMy WebLinkAboutC09-406 Tobacco, Ed, Prevention and Cessation Grant ProgramDEPARTMENT OR AGENCY NAME COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT PSD-STEPP DEPARTMENT OR AGENCY NUMBER FLA CONTRACT ROUTING NUMBER 10-5218 AMENDMENT FOR TASK ORDERS #1 This Amendment is made this 23rd day of September, 2009, 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 of the State of Colorado), 500 Broadway, Eagle, Colorado 81631-0850, for the use and benefit of EAGLE COUNTY PUBLIC HEALTH AGENCY, whose address or principal place of business is 551 Broadway, Eagle, Colorado 81631, hereinafter referred to as the "Contractor". FACTUAL RECITALS The parties entered into a Master Contract, dated January 23, 2007 with contract routing number 08 FAA 00016 Pursuant to the terms and conditions of the Master Contract, the parties entered into a Task Order Contract, dated May 21, 2009, with contract encumbrance number PO FLA PPG1000142, and contract routing number 10 FLA 00142 collectively referred to herein as the "Original Task Order Contract, whereby the Contractor was to provide to the State the following: The Contractor will conduct activities under the project Tobacco Free Eagle County to prevent youth from using tobacco, reduce tobacco use, help people who use tobacco to quit, assist in the reduction of exposure to secondhand smoke and reduce tobacco use among groups that are disproportionately affected and/or at high risk for disease. This Amendment to the Original Task Order Contract is in response to Colorado Governor's Executive Order, D 017 09, issued August 29, 2009 regarding suspension of the expenditure of seven million dollars in the Tobacco Education Programs Fund, and the Tobacco Education, Prevention and Cessation Grant Program Review Committee's recommendation on September 11, 2009 to reduce the budget. The State promises to decrease the amount of funds to be paid to the Contractor by Eleven Thousand Five Hundred Sixty Eight Dollars, ($11,568.00) during the current term of the Original Task Order Contract in exchange for the promise of the Contractor to perform the decreased work under the Original Task Order Contract. The State promises to provide revised specifications to Exhibit A of the Original Task Order Contract regarding quarterly reports. NOW THEREFORE, in consideration of their muhial promises to each other, stated below, the parties hereto agree as follows: Consideration for this Amendment to the Original Task Order Contract consists of the payments and services that shall be made pursuant to this Amendment, and promises and agreements herein set forth. It is expressly agreed to by the parties that this Amendment is supplemental to the Original Task Order Contract, contract routing number 10 FLA 00142, collectively referred to herein as the Original Contract, which is by this reference incorporated herein. All terms, conditions, and provisions thereof, Lmless Pa e 1 of 3 Rev 6/25/09 , g ~, r,-~.~1 j+~, specifically modified herein, are to apply to this Amendment as though they were expressly rewritten, incorporated, and included herein. It is expressly agreed to by the parties that the Original Task Order Contract is and shall be modified, altered, and changed in the following respects only: A. This Amendment is issued pursuant to paragraph 16.b. of the Original Task Order Contract identified by contract routing number 10 FLA 00142. This Amendment is for the current term of July 1, 2009 through and including June 30, 2010. The maximum amount payable by the State for the work to be performed by the Contractor during this current term is decreased by Eleven Thousand Five Hundred Sixty Eight Dollars, ($11,568.00) for an amended total financial obligation of the State of FORTY ONE THOUSAND TWELVE DOLLARS, ($41,012.00). The revised Statement of Work is incorporated herein by this reference and identified as "Attachment B-1 ". The revised Budget is incorporated herein by this reference and identified as "Exhibit D." B. This Amendment is issued pursuant to paragraph 16.b. of the Original Task Order Contract identified by contract routing number 10 FLA 00142. This Amendment is only applicable to the current term of July 1, 2009 through and including June 30, 2010. The following section in Exhibit A, Additional Provisions is hereby revised as a-nended in the subsequent paragraphs. The revised Exhibit A is hereby incorporated herein by this reference. Section 13, Paragraph I. The Contractor shall participate in state-level evaluation efforts as requested by the State to include but not be limited to quarterly reports on the implementation and accomplislunents of its approved Work Plan, to be due 15 days after the each calendar quarter. Calendar quarters shall be July-September, October-December, January-March, April-June, as applicable. Amended Section 13, Paragraph 1. The Contractor shall participate in state-level evaluation efforts as requested by the State to include but not be limited to quarterly reports on the implementation and accomplishments of its approved Work Plan. Progress reports shall be due January 15, 2010, April 16, 2010, and July 16, 2010, respectively. The Original Task Order Contract is modified accordingly. All other terms and conditions of the Original Task Order Contract are reaffirmed. The effective date of this Amendment is October 1, 2009, or upon approval of the State Controller, or an authorized delegate thereof, whichever is later. Except for the Special Provisions and other terms and conditions of the Master Contract and the General Provisions of the Original Task Order 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 Task Order Contract, the terms and provisions of this Amendment shall in all respects supersede, govern, and control. The Special Provisions and other teens and conditions of the Master Contract shall always control over other provisions of the Original Task Order Contract or any subsequent amendments thereto. The representations in the Special Provisions to the Master Contract concerning the absence of personal interest of state of Colorado employees and the certifications in the Special Provisions relating to illegal aliens are presently reaffirmed. 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. Page 2 of 3 Rev 6/25/09 IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the day first above written. * Persons signing for Contractor hereby swear and affirm that they are authorized to act on Contractor's behalf and acknowledge that the State is relying on their representations to that effect. CONTRACTOR: BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY (a political subdivision of the State of Colorado) for the use and benefit of EAGLE COUNTY PUBLIC HEALTH AGENCY STATE: STATE OF COLORADO Bill Ritter, Jr. Governor Signature of Authorized Officer Print Name of Authorized Officer ~ f ~ I~ . Print Title of Aut rued Officer C;~~,~~~ ~y~ By: For the Executive Director DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT PROGRAM APPROVAL: By: ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS ยง24-30-202 requires the State Controller to approve all State Contracts. This Contract is not valid until signed and dated below by the State Controller or delegate. Contractor is not authorized to begin performance until such time. If Contractor begins performing prior thereto, the State of Colorado is not obligated to pay Contractor for such performance or for any goods and/or services provided hereunder. STATE CONTROLLER David J. McDermott, CPA By: Date: Page 3 of 3 Rev 6/25/09