HomeMy WebLinkAboutC81-072 CDPHE'4 fPE
Form 6•AC•02A 1,%W� \✓ —Ditog4ENT OR AGENCY NUMBER
UP 11981 CONTRACT ROUTING NUMBER
CONTRACT
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THIS CONTRACT, made this 1 s t day of _ July t9* 81 by and between the
State of Colorado for the use and benefit of the Department of '' HEALTH
4210. E. llth Avenue, Denver, Colorado 80220
hereinafter referred to as the State, and .2 BOARD nF COUNTY COMMISSIONERS, EAGLE COUNTY
Eagle, Colorado 81631
hereinafter referred to as the contractor.
WHEREAS, authority exists in the law and Funds have been budgeted, appropriated and otherwise made
available and a sufficient unencumbered balance thereof remains available for payment in Fund Numbed 001
G/L Account Number 6�7, Contract Encumbrance Number ?QAn ,S . and
WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate
agencies: and
WHEREAS. '3 the State, i.n order to carry out i.ts lawful powers., duties
and responsibi.li;ties pursuant to Article-1 of Title 25, Colorado Revised
Statutes 1973, and the provisions of legislative appropriations made and
provided therefore, in coordination with like powers, duties and responsibilities
of the Contractor, has determined that public health nursing services are
desirable in - EAGLE- County(_s); and
Nft./ WHEREAS, the State and the Contractor mutually agree that employment of
public health nurse(s), under the administrative control of the Contractor, is
the most efficient and effective way of providing the desired services.
NOW THEREFORE. it is hereby agreed that for and in consideration of their mutual
promises to each other, hereinafter stated, the parties hereto agree as follows:
1. .4 The Contractor shall provide, through public health nurses,
community nursing services, including maternal and child health services and
,*mop, services -to handicapped chi l d ren . Said services shall include:
a) Identifying health needs of individuals, families
and communities;
b) Developing and implementing programs to meet the
identified needs;
c) Providing health promotion services and care of the
sick at home;
d) Providing health education which will assist in
disease prevention as well as enhance the client's
ability to deal with health problems;
e) Assisting patients in obtaining health care services
and coordinating those services; and
f) Assuring quality of services.
395-53-01-C 0 i 0
Page 1 of 5 pages
*(See instructions on reverse of last page.)
tic
1a.01�
2. The Contractor will, on or after the date of this
contract, employ only individuals who meet the minimum qualifications as set up
by the State Community Nursing Section for each position, with review and ap-
proval by the State prior to employment.
3. The State will, in consideration of the services
provided by the Contractor, cause to be paid to the Contractor a sum not to
exceed EIGHTEEN THOUSAND,_ SIX HUNDRED AND NINE AND N0/100--------- Dollars
($ 18,609.00 ) as follows:
a) The amount as set .forth above is based on the
employment of 3.5 Full Time Equivalent
(FTE) registered nurses. Reimbursement will
be made monthly by the State based on a sum
equal to one -twelfth (1/12) of the contract
amount, upon receipt of a signed statement,
submitted in duplicate, submitted by the Con-
tractor on forms supplied by the State.
Should a vacancy occur there will be a pro-
portionate reduction in the reimbursement amount.
b) In no event will these funds be used to cover
the cost of those services to patients for whom
third party payment is available.
c) Sufficient monies to carry out the intent of this
program are currently available for only 7 1/2
months of services ($ 11,630.63 ). Funding
for the balance of the contract is contingent
upon receiving approval of a supplemental
appropriation.
4. The State will continue payment for nursing personnel
only so long as the Contractor renders acceptable services as determined by
the State. The Nursing'Supervisor assigned by the State Nursing Section shall
have the authority for periodic evaluation of the quality and quantity of
services based on minimum standards for Community Nursing Services. Contractor
agrees to cooperate in any evaluation conducted by the State.
5. The term of this contract is beginning July 1, 1981
and continuing through June 30, 1982.
6. The Contractor and the State agree, due to federal
programs and funding being on a fiscal period beginning October 1, that the
following time periods and dollar amounts shall be followed for expenditures,
reporting and reimbursement:
a) $ 6,6,52,25 for the period 7/l/81--9/30/81.
b) $ 6,978.38 for the period 10/l/81--2/15/82.
Funds listed under b) are contingent upon federal
approval.
Page 2 of 5 pages
COLORADO DEPARTMENT OF HEALTH - hereinafter, -under the General Provisions,
referred to as "Health".
GENERAL PROVISIONS
The parties of this Contract intend that the relationship between
them contemplated by this Contract is that of employer -independent contractor.
No agent, employee, or servant of Contractor shall be or shall be deemed to
be an employee, agent, or servant of Health. Contractor will be solely and
entirely responsible for its acts and the acts of its agents, employees,
servants, and subcontractors during the performance of this Contract.
At all times during the performance of this Contract, the Contractor
shall strictly adhere to all applicable federal and state laws that have been
or may hereafter be established.
Contractor authorizes Health to perform audits and to make inspections
for the purpose of, evaluating performance under this Contract.
Contractor shall indemnify Health against all liability and loss,
and against all claims and actions based upon or arising out of damage or
injury, including death, to persons or property caused by or sustained in
connection with the performance of the Contract or by conditions created
thereby, or based upon any violation of any statute, ordinance, or regula-
tion and the defense of any such claims or actions.
Either party shall have the right to terminate this agreement by
giving the other party thirty days notice by registered mail, return receipt
requested. If notice is so given, this agreement shall terminate on the
expiration of the thirty days, and the liability of the parties hereunder
for the further performance of the terms of this agreement shall thereupon
cease, but the parties shall not be relieved of the duty to perform their.
obligations up to the date of termination.
This agreement is intended as the complete integration of all
understandings between the parties. No prior or contemporaneous addition
deletion, or other amendment hereto shall have any force or effect whatso-
ever, unless embodied herein in writing. No subsequent novation, renewal,
addition, deletion, or other amendment hereto shall have any force or effect
unless embodied in a written contract executed and approved pursuant to the
State Fiscal Rules.
If this contract involves the expenditure of federal funds, this
contract is contingent upon continued availability of federal funds for
payment pursuant to the terms of this agreement.
If this contract includes reimbursement for personal services,
payrolls must be supported by time and attendance or equivalent records for
individual employees. Salaries and wages of employees chargeable to more
than one grant program or other cost objective will be supported by appro-
priate time distribution records. Copies of time certifications shall ac-
company billings for the period to which they apply.
To be considered for payment, billings for reimbursement pursuant to
this contract must be received within 60 days after the period for which
reimbursement is being requested and final billings on the contract must be
received by the State Health Department within 60 days after the end of the
contract term.
Page 3 of 5 pages
Form6-AC-02B . SPECiAL PROVISIONS
CONTROLLER'S AI'PROVAL
1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of
Colorado or such assistant as he may designate. This provision is applicable to any contract involving the payment of
money by the State.
FUND AVAILABILITY
2. Financial obligations of the State payable after the current fiscal year are contingent upon funds for that
purpose being appropriated, budgeted and otherwise made available.
BOND REQUIREMENT
3. if this contract involves the payment of more than ten thousand dollars for the construction, erection, repair,
maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public work for this
State, the contractor shall, before entering upon the performance of any such work included in this contract, duly
execute and deliver to and file with the official whose signature appears below for the State, a good and 'sufficient
bond or other acceptable surety to be approved by said official in a penal sum not less than one-half of the total
amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate surety,
conditioned for the due and faithful performance of the contract, and in addition, shall provide that if the contractor or
his subcontractors fail to duly pay for any labor, materials, team hire, sustenance, provisions, provender or other
supplies used or consumed by such contractor or his subcontractor in peformance of the work contracted to be done,
the surety will pay the same in an amount not exceeding the sum specified in the bond, together with interest at the
rate of eight per cent per annum. Unless such bond, when so required, is executed, delivered and filed, no claim in
favor of the contractor arising under this contract shall be audited, allowed or paid. A certified or cashier's check or a
bank money order made payable to the Treasurer of the State of Colorado may be accepted in leiu of a bond.
MINIMUM WAGE
4. Except as otherwise provided by law, if this contract provides for the payment of more than five thousand
dollars and requires or involves the employment of laborers or mechanics in the construction, alteration or repair of
,.■r/ any building or other public work, (except highways, highway bridges, underpasses and highway structures of all
kinds) within the geographical limits of the State, the rate of wage for all laborers and mechanics employed by the
contractor or any subcontractor on the building or public work covered by this contract shall be not less than the
prevailing rate of wages for work of a similar nature in the city, town, village or other civil subdivision of the State in
which thg building or other public work is located. Disputes respecting prevailing rates will be resolved as provided in
8-16-101. CRS 1973, as amended.
DISCRIMINATION AND AFFIRMATIVE ACTION
S. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957,
as amended, and other applicable law respecting discrimination and unfair employment practices (24-34-301, CRS
1973, as amended), and as required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16,
1975. Pursuant thereto, the following provisions shall be contained in all .State contracts or sub -contracts
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of
race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age.
The contractor will take affirmative action to insure that applicants are employed, and that employees are
treated during employment, without regard to the above mentioned characteristics. Such action shall include,
but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or
recruitment advertising,; lay-offs or terminations; rates of pay or ether forms of compensation; and selection
for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to
�a.►� employees and applicants for employment, notices to be provided by the contracting officer setting forth
provisions of this non-discrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
contractor, state that all qualified applicants will receive consideration for employment without regard to
race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age.
(3) The contractor will send to each labor union or representative of workers with which lie has collective
bargaining agreement or other contract or understanding, notice to be provided by the contracting officer,
advising the labor union or workers' representative of the contractor's committment under the Executive
Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the rules, regulations, and
relevant Orders of the Governor.
(4) The contractor and labor unions will furnish all information and reports required by Executive Order,
Equal Opportunity and Affirmative Action of April 16, 1975, and by the rules, regulations and Orders of the
Governor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting
agency and (lie office of the Governor or his designee for purposes of investigation to ascertain compliance
with such rules, regulations and orders.
(5) A labor organization will no't exclude any individual otherwise qualified from full membership rights in
such labor organization, or expel any such individual from membership in such labor organization or
discriminate against any of its members in the full enjoyment of work opportunity, because of race, creed,
color, sex, national origin, or ancestry.
(6) A labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce
the doing of any act defined in this contract to be discriminatory or obstruct or prevent any person from
complying with the provisions of this contract or any order issued thereunder; or attempt, either directly or
indirectly, to commit any act defined in this contract to be discriminatory.
395.53-0 t -C 028 page 4 of _ 5 pages
For; 6-AC-02C_
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• (7) In the event of I contractor's non-compliance with the non-discrimination clauses of this contract or
with any of such rules, regulations, or orders• this conlract ivav be cancelled, terminated or suspended in
whole or in part and the contractor may be declared ineligible for further State contracts in accordance with
procedures, authorized in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975 and
the roles, regulations, or orders,promulgated in accordance therewith, and such other sanctions as may be
imposed and remedies as may be invoked as provided in Executive Order, Equal Opportunity and Affirmative
Action of April 16, 1975, or by ndes, regulations, or orders promulgated in accordance therewith, or as
otherwise provided by law.
s\I'
(8) The contractor will include the provisions of paragraphs (1) through (8) in every sub -contract and
subcontractor purchase order unless exempted by rules, regulations• or orders issued pursuant to Executive
Order, Equal. Opportunity and Affirmative Action of April 16, 1975, so that such provisions will be binding
upon each sub -contractor or vendor. The contractor will take such action with respect to any subcontracting
or purchase order as the contracting agency may direct, as a means of enforcing such provisions, including
sanctions for non-compliance;.provided, however. that in the cvcn( the contractor becomes involved in, or is
threatened with, litigation with (lie subcontractor or vendor ;is a result of such direction by the contracting
agency, the contractor may request the State of Colorado to enter into such litigation In protect the interest
of the State of Colorado.
COLORADO LABOR PREFERENCE
6. Provisions of 8-17-101. & 102, CRS 1973 for preference of Colorado labor are applicable to this contract if
Public works within the State are undertaken hereunder:rod are financed in whole or in part by State funds.
GENERAL
7. The laws of the Slate of Colorado and rules and regulations issued pursuant thereto shall be applied in
the interpretation, execution and enforcement of this contract. Anv provision of this contract whether or not
incorporated herein by reference which provides for arbitration by anv extrajudicial body or person or which is
otherwise in conflict with said laws, rules and regulations shall be considered null and void. Nothing contained in
,Vr 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 mailable in any action a( law whether by way of complaint,
defense or otherwise. Anv provision rendered null :uul void by the operation of this provision will not invalidate
the remainder of this contract to the extent that the contract is capable of execution.
S. The signatories hereto aver thal they are I'ouiliai with I,S-S-301, ct seq., (Bribery and Corrupt Influences)
and I8-8-401, et seq.. (Abuse of Puhlic 011icel. (.R& 1973. as amended, and that no violation of such provisions is
present.
9. The signatories aver that to their knussledge. no stale employee has an.v personal or beneficial interest
whalsuerer in the service or properiv described herein.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on (he day first above written.
S'I'AH OP COI OR ADO
BOARD OF COUNTY COMMISSIONERS HICIIAl D. !,ANIM. GOVERNOR
EAGLE CO
Contractor Bv
r ._for tH&xr(tAivE DIRE( -TOR.
Chairman DEPART\1ENT
r
nsitiun Ol __ iEALTH
HButrITAM�y
A'I'hORNEIGENERA
t Soli tor General
Leg a Services
Page 5 which is the last of 5 ---pages
*See insoo,kons on reverse side.
395-53.02-CO35
