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HomeMy WebLinkAboutC02-231 CDPHEc, C/ P, - Z, -s r -- Z.Z. DEPARTMENT OR AGENCY NAME t� COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT DEPARTMENT OR AGENCY NUMBER FAA CONTRACT ROUTING NUMBER 03-00363 CONTRACT This CONTRACT is made this 22nd day of July, 2002, by and between: the State of Colorado, acting by and through the DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT, whose address or principal place ofbusiness is 4300 Cherry Creek Drive South, Denver, Colorado 80246-1530, hereinafter referred to as "the State"; and, BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY. fa political subdivsion of the State of Colorado), whose address or principal place of business is 500 Broadway, Eaele, CO 81631, hereinafter referred to as "the Contractor". WHEREAS, the State has formulated a comprehensive statewide Plan relative to the Special Supplemental Nutrition Program for Women, Infants, and Children as authorized by Section 17 of the Federal Nutrition Act of 1966, as amended, and known as the WIC Program, which is funded through the United States Department of Agriculture (USDA); WHEREAS, this comprehensive statewide Plan and federal budget set forth the amounts to be allocated to provide these services to the people of the State of Colorado in terms of services, personnel, supplies, and facilities; 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.R.S., 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 of this Contract in Fund Number 100, Appropriation Account 651, and Organizational Number 6420, under Contract Encumbrance Number PO FAA WIC0300363; and, 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 other, stated below, the parties hereto agree as follows: A. EFFECTIVE DATE AND TERM. The proposed effective date of this Contract is October 1, 2002. However, in accordance with section 24-30-202(1), C.R.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 financial obligation to th�ntractor whatsoever for any work or services o�ny 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 September 30, 2003 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. The Contractor shall conduct and administer a component of the Special Supplemental Nutrition Program for Women, Infants, and Children, hereinafter referred to as "the WIC Program". Applicable regulations are contained at 7 C.F.R., Part 246, and have been made available to the Contractor as of the effective date of this Contract. 2. The Contractor fully understands that the WIC Program is a project to supply specified nutritious foods and nutrition education to pregnant, lactating, and postpartum women and children under five (5) years of age who fall below those levels of income established by the United States Department of Health and Hunan Services (USDHHS) income poverty guidelines and, who have an identifiable nutrition risk factor as described in the applicable regulations and the State WIC Procedure Manual. 3. The Contractor shall utilize the State's food delivery system, which system has been approved by the USDA's Food and Nutritional Service. 4. The Contractor shall insure the availability of those health services identified in the applicable Federal Regulations to participants up to the income level specified for the WIC Program by providing those services in on -site clinics; or, by referring participants to State of Colorado licensed physicians or public or nonprofit agencies which will provide those services. 5. The Contractor shall protect the confidentiality of a recipient's identity by limiting access to the recipient's records to: the USDA, the General Accounting Office (GAO), State officials, local WIC employees, the recipient's health care provider, programs with a formal information sharing agreement with the State's WIC Office and listed on the Participant's Rights and Obligations form, agencies with overlapping service areas, counties with Commodity Supplemental Food Programs to prevent dual participation, and auditors representing a federal, state, or local government. Access to records by other third parties must be accompanied by a release of information signed by the recipient. 6. The Contractor shall not discriminate on the basis of race, color, national origin, sex, age, or disability in rendering services to Program applicants or recipients as described at 7 C.F.R., Part 246.8, and the State WIC Procedure Manual. 7. The Contractor shall operate its WIC Program in accordance with Food and Nutritional Service Instruction 113-2, "Title VI Civil Rights Compliance and Enforcement in the Special Supplemental Food Program for Women, Infants, and Children and the Commodity Supplemental Food Program", issued March 14, 1980, which has been made available to the Contractor as of the effective date of this Contract. 8. The Contractor shall train and monitor those local retailers assigned by the State's WIC Program, and document in local agency files its activities with those local retailers as specified in the State WIC Procedure Manual. 9. The Contractor shall conduct and document nutrition education services as described in the applicable WIC Regulations, the State WIC Procedure Manual, and shall cooperate with the State's WIC Nutrition Consultant relative to the delivery of these services. The Contractor shall abide by the State's nutrition education plan or submit an annual nutrition education plan to the State's WIC Program which shall outline its objectives, activities, and methods of evaluation. 10. The Contractor shall maintain appropriate staff, as defined in the "Local Staffing" section of the State WIC Procedure Manual to administer its WIC Program. 11. The Contractor shall insure that the qualifications of personnel assigned by the Contractor to perform the services covered by this Contract shall be available for review and approval by the State's WIC Program. 12. The Contractor shall insure that all of its WIC staff will complete: all required training by attending new employee training; and the WIC Certification Program within the time lines specified in the "Local Staffing" section of the State WIC Procedure Manual. 13. Subject to available funding from the State, the Contractor shall insure that all appropriate personnel involved in its WIC Program attend regularly scheduled workshops sponsored by the State's WIC Program on administrative policies, procedures, and nutrition. 14. The Contractor shall operate its WIC Program in the manner described by the current version of the State WIC Procedure Manual, as amended, including but not limited to the Clinic Users Procedures, which manual has been made available to the Contractor as of the effective date of this Contract. 15. The Contractor shall be responsible for the security and accountability of negotiable food instruments and shall reimburse the State for any WIC Program funds which are misused or otherwise diverted due to negligence, fraud, theft, embezzlement, or any other loss caused by the Contractor, its employees, or agents. 16. The Contractor shall retain all financial records, supporting documents, statistical records, and all other records documenting the services provided by the Contractor under this Contract for a period of six (6) years after the expiration or termination of this Contract. The records described herein shall be available to the State at all reasonable times at the Contractor's general offices. If any litigation, claim, or audit is started before the expiration of the six (6) year period, then the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 17. The Contractor shall obtain the prior written approval of the State before, and as a condition of, purchasing any equipment with WIC funds which costs One Hundred Dollars ($100.00) or more. If such approval is given by the State, and the equipment is purchased by the Contractor, then that equipment shall be the property of the State's WIC Program A copy of the invoice for any equipment purchased under this Contract which costs One Hundred Dollars ($100.00) or more shall be submitted to the State by the Contractor with a request for reimbursement. No equipment purchased with WIC funds may be disposed by the Contractor without the prior written approval of the State and the USDA. If requested by the State, the Contractor shall deliver all equipment purchased through this Contract to the State. The Contractor shall maintain an inventory of all equipment purchased under this Contract and shall verify that inventory on an annual basis. 18. The Contractor's claims for the reimbursement of all administrative costs shall be made in accordance with all applicable requirements imposed by the USDA, including but not limited to 7 C.F.R., Part 246, as amended, all applicable Office of Management and Budget (OMB) circulars, and the State's WIC policies, as amended. 19. The Contractor shall keep on file and have available for review, audit, and evaluation: A. a copy of this Contract; B. information on the service area and financial eligibility standards used by the Contractor; C. complete and accurate participant records documenting nutrition risk, certification information of applicants, foods prescribed, nutrition care, counseling, and referrals provided under its WIC Program; D. a complete, accurate, and current accounting which documents all funds received and expended pursuant to this Contract; E. detaileS4*1�entory records including purchase date, acquis� cost, location, inventory number, and disposition information; F. complete and accurate retail records documenting training, monitoring, and those problems, if any, with each retailer; G. racial/ethnic participation data; H. fair hearing information; and participant abuse records. 20. The Contractor shall insure that no claim is submitted to the State for the reimbursement of those services which are already funded by other state or federal programs, or for costs which are not allowable. 21. The Contractor shall provide services to all WIC Program participants and employees in a smoke -free environment. In accordance with Public Law 103-227, also known as the Pro -Children Act of 1994, "smoke - free" shall mean that smoking is not permitted in any portion of any indoor facility owned, leased, or otherwise contracted for by the Contractor if that facility is routinely or regularly used for the provision of child care or health services to any child under the age of eighteen (18) when those services are funded in whole or in part with Federal finds. 22. The Contractor shall be responsible for the security of all WIC equipment in its control or possession and shall immediately report any loss or damage to that equipment to the State's WIC Office. The Contractor shall be liable for any loss or damage to that equipment which is caused by the negligence, abuse, or misuse of the equipment by the Contractor. 23. The Contractor shall not make any changes, additions, or otherwise alter in any way, the WIC computer software or its equipment without the prior written approval of the State's WIC Office. This clause also prohibits the Contractor from adding any unapproved software or, attaching any WIC computer equipment to any local area network system, or any Internet system. 24. The Contractor shall abide by all security requirements which are specified in the State WIC Procedure Manual. 25. The Contractor certifies that it is in compliance with those regulations implementing Executive Order 12549, Debarment and Suspension, 7 C.F.R., Part 3017, Section 3017.510. The Contractor hereby certifies, by execution of this Contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 26. 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 consistent with United States copyright laws or applicable licensing restrictions. 27. The Contractor may receive or create certain health or medical information ("Protected Health Information" or "PHI," as defined below) in connection with the performance of this Contract. This PHI is subject to protection under state and federal law, including the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 ("HIPAA") and regulations, as amended, promulgated thereunder by the U.S. Department of Health and Human Services (the "Regulations"). Unless otherwise defined herein, all capitalized terms shall have the meaning given to them under HIPAA and its implementing Regulations, as may be amended from time -to -time. �Wv 1RWO1 The State may be a "Covered Entity" under the Regulations, and Contractor's receipt or creation of PHI from or on behalf of the State in connection with this Contract means that Contractor may be a "Business Associate" of the State under the Regulations. Contractor represents and warrants that it has in place policies and procedures that will adequately safeguard any PHI it receives or creates, and Contractor specifically agrees, on behalf of its subcontractors and agents, to safeguard and protect the confidentiality of PHI consistent with applicable law, including currently effective provisions of HIPAA and the Regulations. The parties acknowledge that state and federal laws relating to electronic data security and privacy for PHI are rapidly evolving and that modification of this Contract may be required to provide for procedures to insure compliance with such developments. Contractor specifically agrees that such compliance is within the scope of this contract and is a cost of doing Contractor's business. The parties specifically agree that they will take such action as is necessary to implement the requirements of HIPAA, the Regulations, and other applicable laws relating to the security or confidentiality of PHI by any compliance date that may be established therein. The parties understand and agree that the State must receive satisfactory written assurance from Contractor that it will adequately safeguard all PHI that it receives from the State or that it creates or receives on behalf of the State. Upon the State's written request, Contractor agrees promptly to enter into negotiations with the State concerning the terms of an addendum to this contract embodying written assurances consistent with the requirements of HIPAA and the Regulations. Notwithstanding any other provision of this Contract, the State may, in its sole discretion, terminate this Contract upon thirty (30) days' notice in the event: (a) Contractor does not promptly enter into negotiations to modify this Contract when requested by the State; or (b) Contractor does not execute and deliver to the State an addendum to this Contract providing assurances and other covenants regarding the safeguarding of PHI that the State, in its sole judgement, deems reasonably necessary or appropriate to meet the requirements and standards of HIPAA and the Regulations ("HIPAA Addendum"). In the event the parties cannot agree on the terms of the required HIPAA Addendum within a reasonable period, but in any event not less than ninety (90) days prior to the applicable compliance dates, the State reserves the right, in lieu of terminating the Contract, to unilaterally change this Contract to include such reasonable HIPAA Addendum terms and conditions as are acceptable to the State. Contractor agrees that such unilateral change will not invalidate this Contract, and that Contractor shall not be entitled to any additional compensation from the State in order to comply with applicable provisions of HIPAA, the Regulations, or any HIPAA Addendum Notwithstanding any other provision of this Contract, the State may immediately terminate this Contract in the event: (a) Contractor, or any of its subcontractors or agents, uses or discloses PHI in a manner that is not authorized by the State or by applicable law; (b) Contractor breaches any of the provisions of this section; or (c) Contractor or any of its subcontractors or agents engages in any other act or omission that is contrary to the obligations of a Business Associate or Covered Entity under any currently effective applicable provision of HIPAA or the Regulations, or that otherwise prevents either party from meeting the requirements of HIPAA, the HIPAA Regulations or other applicable law concerning the security or confidentiality of PHI. Upon termination of this Contract for any reason, Contractor shall return or destroy all PHI received from the State (or created or received by Contractor on behalf of the State) that Contractor still maintains in any from and shall retain no copies of such PHI. If return or destruction is not feasible, Contractor shall notify the State, continue to extend the protections of this agreement and applicable law to such information and limit further use of such PHI to those purposes that make the return or destruction of PHI infeasible. For purposes of this section, "Protected Health Information" means any information, whether oral or recorded in any form or medium: (a) that relates to the past, present or future physical or mental health or condition of an individual, the provision of health care to an individual, or the past, present or future payment for the provision of health care to an individual; and (b) that identifies the individual or with respect to which there is a reasonable basis to believe the information can be use to identify the individual. This section shiwav� interpreted in a manner consistent with HIPA&W the Regulations and other state or federal laws applicable to PHI. Nothing in this section is intended to create any third party rights or third party beneficiary status. In the event of any conflict or inconsistency between the terms and conditions of this section on HIPAA Compliance and any other provision of this Contract (with the exception of the Colorado Special Provisions), the terms and conditions of this section shall control. C. DUTIES AND OBLIGATIONS OF THE STATE. 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 ONE HUNDRED THOUSAND, TWO HUNDRED SIXTY TWO DOLLARS, ($100,262.00) for the initial term of this Contract. Of the total financial obligation of the State referenced above, $100,262.00 are identified as attributable to a funding source of the United States government and, $0.00 are identified as attributable to a funding source of the State of Colorado. 2. To receive compensation under this Contract, the Contractor shall submit signed monthly itemized expenditure reports for administrative costs in accordance with the State WIC Procedure Manual's Fiscal Section. Administrative costs include allowable operational and administrative costs as specified in the 7 C.F.R., Part 246, as amended, applicable OMB circulars, and applicable rules and regulations of the State of Colorado. The Contractor shall submit these monthly expenditure reports to the State by the 20s' calendar day of the month following the expenditure report month. A request for an adjustment to an expenditure report shall be accepted only if that request is received by the State prior to the end of the calendar month following the month for which the adjustment to the expenditure report is requested. The Contractor's indirect costs shall not be reimbursed until such time as the proposed rate is approved by the State. 3. Expenditure reports 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 affirmation by the State that all services were rendered by the Contractor in accordance with the teens of this Contract. Expenditure reports shall be sent to: Colorado Department of Public Health and Environment Mail Code PSD-NS-A4 4300 Cherry Creek Drive South, Denver, CO 80246 4. If this Contract is terminated prior to its expiration date, then the final payment to the Contractor may be withheld, at the discretion of the State, until a final audit has been completed. 5. Incorrect payments to the Contractor due to omission, error, fraud, defalcation, of for any other reason, shall be recovered from the Contractor by the State: by deduction from subsequent payments under this Contract or other contracts between the State and the Contractor; or, by the State as a debt due to the State. The State and the Federal government reserve the right to audit the Contractor's books and records for a period of six (6) years after this Contract expires or terminates in order to validate the allowableness of costs paid under this Contract. Any costs not allowable under the State of Colorado Procurement Code and Rules or, the State's WIC Program regulations shall be reimbursed by the Contractor, or offset against current obligations of the State to the Contractor, at the State's election. 6. Continued State financial reimbursement under this Contract is contingent upon the continued operation of the WIC Program as described in this Contract, and the Contractor's timely submission of all reports, data, or other documentation required under this Contract. 7. The participant level shall be negotiated between the State and Contractor based on the availability of food dollars and the average food package costs and shall be approved and documented in writing, and amended as needed. 8. The State may ectively increase or decrease the amount pay under this Contract through a "Contract Change Order Letter." A sample Contract Change Order Letter is incorporated herein by this reference, made a part hereof, and attached hereto as "Attachment A". To be effective, the Contract Change Order Letter must be: signed by the State and the Contractor; and, approved by the State Controller or an authorized designee thereof. Additionally, the Contract Change Order Letter shall include the following information: a. Identification of this Contract by its contract routing number and affected paragraph number(s); b. The type(s) of service(s) or program(s) increased or decreased and the new level of each service or program; C. The amount of the increase or decrease in the level of funding for each service or program and the new total financial obligation of the State; d. The proposed effective date of the Contract Change Order Letter; and, e. A provision stating that the Contract Change Order Letter shall not be deemed valid until it has been approved by the State Controller or such assistant as he may designate. Upon proper execution and approval, the Contract Change Order Letter shall become an amendment to this Contract. Except for the General and Special Provisions of this Contract, the Contract Change Order Letter shall supersede this Contract in the event of a conflict between the two. It is expressly understood and agreed to by the parties that the contract change order letter process may be used only for increased or decreased levels of funding, corresponding adjustments to service or program levels, and any related budget line items. Any other changes to this Contract, other than those authorized by the contract renewal letter process described below, shall be made by a formal amendment to this Contract executed in accordance with the Fiscal Rules of the State of Colorado. If the Contractor agrees to and accepts the proposed Contract Change Order Letter, then the Contractor shall execute and return the Contract Change Order Letter to the State by the date indicated in the Contract Change Order Letter. If the Contractor does not agree to and accept the proposed Contract Change Order Letter, or fails to timely return the partially executed Contract Change Order Letter by the date indicated in the Contract Change Order Letter, then the State may, upon written notice to the Contractor, terminate this Contract thirty (30) calendar days after the return date indicated in the Contract Change Order Letter has passed. The written notice shall specify the effective date of termination of this Contract. In the event of termination under this clause, the parties shall not be relieved of their respective duties and obligations under this Contract until the effective date of termination has occurred. Increases or decreases in the level of contractual funding made through this contract change order letter process during the initial, renewal, or extension terms of this Contract may be made under the following circumstances: f. If necessary to fully utilize appropriations of the State of Colorado and/or non -appropriated federal grant awards; g. Adjustments to reflect current year expenditures; h. Supplemental appropriations, or non -appropriated federal funding changes resulting in an increase or decrease in the amounts originally budgeted and available for the purposes of this Contract; i. Closure of programs and/or termination of related contracts; j. Delay or difficulty in implementing new programs or services; and, k. Other special circumstances as deemed appropriate by the State. 1%� 14M/ 9. The State may renew this Contract through a "Contract Renewal Letter". A sample Contract Renewal Letter is incorporated herein by this reference, made a part hereof, and attached hereto as "Attachment B". To be effective, the Contract Renewal Letter must be: signed by the State and the Contractor; and, approved by the State Controller or an authorized designee thereof. Additionally, the Contract Renewal Letter shall include the following information: a. Identification of this Contract by its contract routing number and affected paragraph number(s); b. The type(s) of service(s) or program(s), to be renewed and the new level of each service or program for the renewal term; C. The amount of the increase or decrease, if any, in the level of funding for each renewed service or program and the new total financial obligation of the State; d. The proposed effective date of the Contract Renewal Letter; and, e. A provision stating that the Contract Renewal Letter shall not be deemed valid until it has been approved by the State Controller or such assistant as he may designate. Upon proper execution and approval, the Contract Renewal Letter shall become an amendment to this Contract. Except for the General and Special Provisions of this Contract, the Contract Renewal Letter shall supersede this Contract in the event of a conflict between the two. It is expressly understood and agreed to by the parties that the contract renewal letter process may be used only to: renew this Contract; increase or decrease levels of funding related to that renewal; make corresponding adjustments to service or program levels, and, adjust any related budget line items. Any other changes to this Contract, other than those authorized by the contract change order letter process described above, shall be made by a formal amendment to this Contract executed in accordance with the Fiscal Rules of the State of Colorado. If the Contractor agrees to and accepts the proposed Contract Renewal Letter, then the Contractor shall execute and return the Contract Renewal Letter to the State by the date indicated in the Contract Renewal Letter. If the Contractor does not agree to and accept the proposed Contract Renewal Letter, or fails to timely return the partially executed Contract Renewal Letter by the date indicated in the Contract Renewal Letter, then the State may, upon written notice to the Contractor, terminate this Contract thirty (30) calendar days after the return date indicated in the Contract Renewal Letter has passed. The written notice shall specify the effective date of termination of this Contract. In the event of termination under this clause, the parties shall not be relieved of their respective duties and obligations under this Contract until the effective date of termination has occurred. D. GENERAL PROVISIONS. 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. 3. The Contractor is a "public entity" within the meaning of the Colorado Governmental Immunity Act (CGIA), section 24-10-101, et Igg,. C.R.S., as amended. Therefore, the Contractor shall at all times during the initiate* t of this Contract, and any renewals or extens hereof, maintain such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the CGIA. On or before the effective date of this Contract, the Contractor must 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 nonrenewal 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. If this Contract involves federal funds, or compliance is otherwise federally mandated, then the Contractor shall comply with the requirements of the following: A. Office of Management and Budget Circulars A-21, A-87, A-102, A-110, or A-122, as applicable; B. the "Hatch Act' (5 U.S.C. 1501-1508) and Public Law 95-454, Section 4728. These federal statutes declare that federal funds cannot be used for partisan political purposes of any kind by any person or organization involved in the administration of federally -assisted programs; C. the "Davis -Bacon Act' (40 U.S.C. 276A-276A-5). This federal Act requires that all laborers and mechanics employed by contractors or subcontractors to work on construction projects financed by federal assistance must be paid wages not less than those established for the locality of the project by the Secretary of Labor; D. 42 U.S.C. 6101 et sM., 42 U.S.C. 2000d, 29 U.S.C. 794. These federal Acts mandate that no person shall, on the grounds of race, color, national origin, age, or disability, be excluded from participation in or be subjected to discrimination in any program or activity funded, in whole or in part, by federal funds; E. the "Americans with Disabilities Act' (Public Law 101-336; 42 U.S.C. 12101, 12102, 12111 12117, 12131 - 12134, 12141 - 12150, 12161 - 12165, 12181 - 12189, 12201 - 12213 and 47 U.S.C. 225 and 47 U.S.C. 611); F. if the Contractor is acquiring an interest in real property and displacing households or businesses in the performance of this Contract, then the Contractor is in compliance with the "Uniform Relocation Assistance and Real Property Acquisition Policies Act", as amended, (Public Law 91- 646, as amended, and Public Law 100-17, 101 Stat. 246 - 256); G. when applicable, the Contractor shall comply with the provisions of the "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments" (Common Rule); and, H. Section 2101 of the Federal Acquisition Streamlining Act of 1994, Public Law 103-355, which prohibits the use of federal money to lobby the legislative body of a political subdivision of a State. • 6. If this Contract 6Vdives federal funds, or compliance is otherwise rally mandated, then by signing and submitting this Contract, the Contractor affirmatively avers that: A. the Contractor is in compliance with the requirements of the "Drug -Free Workplace Act" (Public Law 100-690 Title V, Subtitle D, 41 U.S.C. 701 et seq.); B. the Contractor is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; the Contractor shall to comply with all applicable regulations pursuant to Executive Order 12549, including, Debarment and Suspension and Participants' Responsibilities, 29 C.F.R. 98.510 (1990); and, C. the Contractor shall comply with all applicable regulations pursuant to Section 319 of Public Law 101-121, Guidance for New Restrictions on Lobbying, including, Certification and Disclosure, 29 C.F.R. 93.110 (1990). 7. 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. 8. 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. 9. The Contractor shall not use federal funds to satisfy federal cost sharing and matching requirements unless approved in writing by the appropriate federal agency. 10. In accordance with Office of Management and Budget (OMB) Circular A-133 (Audits of States, Local Governments, and Non -Profit Organizations), if the Contractor receives federal funds from any source, including State pass through monies, in an aggregate amount in excess of $300,000.00 (June 24, 1997), in a State fiscal year (July 1 through June 30), then the Contractor shall have an annual audit performed by an independent certified public accountant which meets the requirements of OMB Circular A-133. If the Contractor is required to submit an annual indirect cost proposal to the State for review and approval, then the Contractor's auditor shall audit the proposal in accordance with the requirements of OMB Circulars A- 21 (Cost Principles for Educational Institutions), A-87 (Cost Principles for State, Local and Tribal Governments), or A-122 (Cost Principles for Non -Profit Organizations), whichever is applicable. The Contractor shall fiunish one (1) copy of the audit report(s) to the State=s Accounting Office within thirty (30) calendar days of issuance; but in no event later than nine (9) months after the end of the Contractor's fiscal year. If (an) instance(s) of noncompliance with federal laws and regulations occurs, then the Contractor shall take all appropriate corrective action(s) within six (6) months of the issuance of (a) report(s). 11. 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 final audit report. This requirement is in addition to any other audit requirements contained in other paragraphs of this Contract. 10 • 12. Unless otherwis*ovided for in this Contract, for all contracts w�erms 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. 13. 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 of labor, 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. 14. 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) 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. 15. Subject to the Public (Open) Records Act, section 24-72-101, et sue, 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. 16. Unless otherwise provided for in this Contract, or in a written amendment executed and approved pursuant to 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 of the State. 17. If any copyrightable material is produced under this Contract, then the State, and any applicable federal funding entity, 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. 11 • 18. If required by trms and conditions of a federal or state grant, 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 terms and conditions of a federal or 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. 19. If this Contract is in the nature of personal/purchased 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 terms of this Contract, then the State may require the Contractor to perform the services again in conformity with the terms 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 conforms to the terms 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. 20. 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 terms of this Contract, then the State shall thereupon have the right to terminate this Contract 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 termination date and shall afford the Contractor the opportunity to cure the default or state why termination is otherwise inappropriate. If this Contract is terminated 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 terminating 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 termination 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 in paragraph 21. below. 21. 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 part(s) 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 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 12 actually perform. br, or goods actually delivered to, the State, let y payments already made by the State to the Contractor for those services or goods. However, if less than sixty percent (60%) of the services or goods covered by this Contract have been performed or delivered as of the effective date of termination, 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 terminated for default because of this Contract by the Contractor, then the provisions of paragraph 20. above shall apply. 22. 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. 23. 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 action 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 et sea.• 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. 24. 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. 25. 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. 26. If this Contract is in the nature of personal/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. 27. 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. 28. 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. 13 • 29. This Contract islftl�ect to such modifications as may be required Epee anges in applicable federal or state law, or federal or state implementing rules, regulations, or procedures of that federal or state 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. 30. 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. 31. 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 sea., 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 sea.' C.R.S., as amended. 32. 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. 33. Venue for any action related to this Contract shall be in the City and County of Denver, Colorado. 34. 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. 35. No federal, state, or private 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 renewals or extensions hereof, 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, then the State may exercise any remedy available to the State at law, equity, or under this Contract, including, without limitation, immediate termination of this Contract and any other remedy consistent with United States copyright laws or applicable licensing restrictions. 36. 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. 14 E. ' SPECIAL PROVISIOA`8� llq■✓ 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. INDEMNIFICATION. 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 terms 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 CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE. NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE. CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID BY THE STATE PURSUANT TO THIS CONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. CONTRACTOR SHALL HAVE NO AUTHORIZATION, EXPRESS OR IMPLIED, TO BIND THE STATE TO ANY AGREEMENTS, LIABILITY, OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. CONTRACTOR 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 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 15 which is otherwhinot conflict with said laws, rules, and regulations 6wm17e 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. 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 described herein. 16 IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day first above written. CONTRACTOR: BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY (a political subdivision of the State of Col By: Name: Title: Chairman FEIN: 846000762L ATTEST (Affix Seal) By: COLORADO DEPARTMENT OF LAW OFFICE OF THE ATTORNEY GENERAL Ken Salazar, Attorney General STATE: STATE OF COLORADO Bill Owens, Governor By: �R For the Execu a Director DEPARTMEOF PUBLI HEALTH AND NVD2ONMENT PROGRAM APPROVAL: By: �" v 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: 17 \%Vi [Date] SAMPLE CONTRACT CHANGE ORDER LETTER Attachment A Contract Change Order Letter Number _, Contract Routing Number ** *** ***** State Fiscal Year 20** - 20**_, ****************** Program This Contract Change Order Letter is issued pursuant to paragraph *_*: of the Contract identified as contract routing number ** *** ***** and contract encumbrance number ** *** **********• This Contract Change Order Letter is between the COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT and [LEG _AL NAME OF CONTRACTOR]. The Contract has been amended by Contract Option to Renew Letter ** contract routing number . ** *** ***** and/or Contract Change Order Letter * ; contract routing number ** *** ****�`, if any. The Contract, as amended, if applicable, is referred to as, the "Original Contract". This Contract Change Order Letter is for the current term of ********* **. ****� through *** * **• ****• The maximum amount payable by the State for the work to be performed by the Contractor during this current term is increased/decreased by ********** Dollars *.** for an amended total financial obligation of the State of ********** DOLLARS, $*.** . The revised specifications to the original Scope of Work and the revised Budget are incorporated herein by this reference, made a part hereof, and attached hereto as "Attachment *" and "Attachment *". The first sentence in paragraph *. *. of the Original Contract is modified accordingly. All other terms and conditions of the Original Contract are reaffirmed. This change to the Original Contract shall be effective upon approval by the State controller, or designee, or on ********* **• ****• whichever is later. Please sign -date, and return all ** originals of this Contract Change Order Letter by ********* **. ****, to the attention of: ************ ************� Colorado Department of Public Health and Environment, 4300 Cherry Creek Drive South, Denver, Colorado 80246, Mail Code: ***** **_. One original of this Contract Change Order Letter will be returned to you when fully approved. [LEGAL NAME OF CONTRACTOR] STATE OF COLORADO (a political subdivision of the state of Colorado) Bill Owens, Governor By: Name: Title: FEIN: (Seal) ATTEST: By: By: For the Executive Director DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT PROGRAM APPROVAL: By: 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, his. iigned 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. By: Date: Revised: 08/30/02 STATE CONTROLLER: Arthur L. Barnhart [Date] SAMPLE CONTRACT O PTION TO RENEW LETTER Attachment.. Contract Renewal Letter Number **, Contract Routing Number , *************** Program State Fiscal Year 20** - 20** This Contract Option to Renew Letter is issued pursuant to paragraph,: of the oneidentified Thisen tri dbyact cunttion act routing number ** *** ***** and contract encumbrance number to Renew Letter is between the COLORAD0 DEPARTMENT OF PUBLIC HEALTH aANDct ENNVge ONME �,,�r_eT. weMF OF CONTI3ACTORI. The Contract has been amended y tter and ..GAL ** contract routing number ** *** ***** and/or Contract Option to Renew Letter * ; contract routing number _ if any. The Contract, as amended, if applicable, is referred to as the "Original Contract". This Contract Option to Renew Letter is for the renewal term of ********* ** **** through ********* ** ****. The amount payable by the e State for the work to be performed by the Contractor�during *this renewal torm is This ********** * ** for an amended total financial obligation of the State of = Dollars, . is an increase/decrease of ** of the amount payable from the previous term. The Budget for this renewal term * is incorporated herein by this reference, made a part hereof, and attached hereto ao�� "Attachment conditions of the sentence in paragraph *, . *. of the Original Contract is modified accordingly. All Letter is effective upon approval by the State Original Contract are reaffirmed. This Contract Option to Renew Controller, or designee, or on ********* **, ****, whichever is later. Please sign, date, and return all **, originals of this Contract Option to Renew Letter by ********* ** **** to the attention of: ************ ************ Colorado Department of Public Health and Environment, 4300 Code: *****_** One original of this Contract Cherry Creek Drive South, DenverColorado ou when fully approved. �r Option to Renew Letter will be return y [LEGAL NAME OF CONTRACTOR] (legal type of entity) By: Name: Title: FEIN: By: (Seal) ATTEST: STATE OF COLORADO Bill Owens, Governor By: For the Executive Director DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT PROGRAM APPROVAL: By: 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 r ci r ortto the date authorized to i begin performance until the contract s signed and dated below. If performancegins p below, the State of Colorado may not be obligated to pay for the goods and/or services provided. By: Date: Revised: 08/30102 STATE CONTROLLER: Arthur L. Barnhart V 00 l l 600� a Z 100 e (lbr�