HomeMy WebLinkAboutC84-015 Colorado Department of Healthi
Firm 6-AC••02A
DLPARTNiENT OR AGL.NCY N NIBER
` t
CONTRACT ROUTi\GNl:MBER
I
CONTRACT
THIS CONTRACT, made this 1 s t day of July 198, by and between the
State of Colorado for the use and benefit of the Department of '' HEA>_Ty
E. llrh Avenue, Denver, Colorado 80220
hereinafter referred to as the State, and '2 BOARD Oi COUNTY CO-XjSSIONERS, EALLyE' COTS -TZ
P.O. Box 537, Eagle, CO 81631
hereinafter referred to as the contractor, .
WHEREAS. authority exists in the Law and Funds have been budgeted, appropriated and otherwise made
a%ailable and a sufficient unencumbered balance thereof remains a%ailable for payment in Fund ,Number 1 QO l
GfL Account Number_55807_, Contract Encumbrance lumber r2n1 1 ti;n , and
WHEREAS, required approval. clearance and coordination has been accomplished from and with appropriate
agencies: and
WHEREAS, .3 the State, in order to carry out its la,::tul pol:/ers, duties
and responsibilities pursuant to Article 1 of Title 25, Colorado Revised
Statutes 1g7;, and the provisions of legislative appropriations made and
provided t�-:erefore, 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
the State and the Contractor- mutual
ly agree that employr-ent
of public :ealth nurse(s), under the adrninistrative control of the Contractor,
is the most efficient and effective {ray of providing the desired services.
NOW THEREFORE, it is hereby agreed that for and i n consideration of their mutual
promises to each other, hereinafter stated, the parties hereto acree.as follo�:rs:
1• s the Contractor shall provide, through public health nurses,
community nursing services, including maternal and child health services and
services to handicapped children. Said services shall include:
a) Identifyina health needs of individuals, families,
and commun i t i es ;
b) Develcpi:-c a--nd im,iemer�irg arogra:as to meet the
i dent i i i ed needs:
c) = roe. i d i nc: 1.A-=? *_h err•^lct ; services and care of the
s ic'� at -ore:
d) Providing health c&jcation ::hich will assist in
disease prevent i<-�r as -.•:e: 1 as enhance the client's
abi 1 i ty to deal wi t:7 health Problems;
e) Assisting patients in obtain,*:,ry health care services
and coordinating those servic-=•s; and
f) Assuring quality or services.
395.53-01-Co l o
Page 1 of 5 pages
'(See instructions on reverse of last
Mil
2• The Contractor will, on or after the date of this contract,
employ only individuals who meet the minimum qualifications as set up by the
State Community Nursing Section for each position, with review and approval by
the State prior to employment.
3• The State will, in consideration of said services by the.
Contractor, cause to be paid to the Contractor a sum not to exceed
Eighteen thousand one hundred Dollars
S 18,100.00 ) 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
one -twelfth of a sum equal to 20.5;, actual salary or total
hours worked by FTE, whichever is less, upon receipt of a
signed statement, submitted in duplicate on forms supplied
by the*State. Should a vacancy occur there will be a
proportionate reduction in the reimbursement amount.
b) In no event will these funds be used to cover the cost of
those services to patients for whom third party payment
is available.
c) Total reimbursement will not exceed 20.5 actual salary
or total hours worked by FTE, whichever is less.
4• The State will continue payment for nursing personnel only
so long as the Contractor renders acceptable services as determined by the State.
The Nursing Supervisor assigned by the State Nursing Section shall have the
authority for supervision and periodic evaluation of the duality and quantity
of services based on minimum standards for Community Nursing Services. The
Contractor agrees to cooperate in any evaluation conducted by the State.
5. The term of this contract is beginninq July 1, 1984 and
continuing through June 30, 1985.
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) S 4,525.00
b) S 13,575.00
for the period 7 /1 /84 - 9 /30 /34
for the period 10/1/84 - 6/30/85
Funds listed under b) are contingent upon federal approval.
7• The Contractor agre_,s to furnish to the State, two (2 copies)
of the audit report as outiined in Office of V!-)nagement and Budget Circular A-102
Attachment P within 30 days after comcletion of said audit.''
Page 2 of 5 pages
COLORAOO 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, scent, or servant of Health. Contractor will be solely and
entirely responsible fcr its acts and the acts of its agents, employees
the performance of this Contract.
servants, and subcontractors during
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 rake inscec-ions
for the purpose of evaluating performance under this Contract.
Contractor shall indemnify Health against'al1 liability and loss,
and acainst 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 per; ormance 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 Trail, return receipt
requested. - notice is so given, this agreement shall t� g r,:iinate on one
expiration of the thirty days, and the liability of the parties hereunder
for the further performance of the terms of this agree..ment 'shall thereupon
cease, but the parties shall not be relieved or the duty to �
a � Y per`or.m t�.ei r.
obligations up to the date of termination.
This acreement is intended as the complete integration of all
understandings between the parties. No prior or conte^poranecus addition
deletion, or other amendment hereto shall have an fort.. or effect
�t 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 P Ta r • a.. .,
State Fiscal Rules.
p. � pursuant to the
1,' this contract involves the expenditure of feceral funds, this
contract is contingent upon continued availability of federci funds -
payment pursuant tU _h� terms or :h i s acree:^ent. or
.If this contract includes reimbursement `or personal services
payrolls must be supported b v - -te '
� i r„e and a_�rda►n
0. ce or eeu i va l en t records for
individual employees. Salaries and -wages of employees chargea 1e to r:-cre
than one crant program or other cost oajectiye will be supported by apP ro-
priate ti,i.e distribution records.
To be considered for payment, billings for re i mb, r se:�►en
this C^ntraC- .^Let 5e received bG+ a � �^L Ii:r�L.cfz� _�
'within i n days a `ter the Period for
reimbursement is being requested and final billings on the contract .
pus � Le
received by the Stare Hezlt`. Oepart,,,ent within '00 days after t`;e end of the
contract ter.�i.
If applicable, Local Match is to be submitted on the monthly
reimbursement statements, in the column provided, as required by the "undi^
source. a
3 5
t- rIn 6-AC-021t SPECIAL PROVISIONS
('O\'TRUI,I,I•:It'S :1PPRO�':1I,
l . This contract shall not deemed valid until it •hall have been approved by the Controller of the State of Colorado or -such
assistant as he mad designate. This pro►, i.: ►i: e, app!icable to any contract invol•: ing the payment of tnonev by the State.
FUND AVAILABILITY
2. Financial obligations of the State payable after the current t;•cal year are contingent upon funds for that purpose being appropriated,
budgeted and otherwise made available.
BONi) REQUIREMENT
3. If this contract involves the payment of store than fifty thousand dollars fir the; construction, erection, repair. maintenance.
or improvement ofany buildirtg, read, brid._e. tunnel, excavation or other public work for this State, the contractor shall.
before entering upon the performance ofany such %cork included in this contract. duly execute and deliver to.and file with the official
whose sienature appears below for the Stale, a gtx)d and sufficient bond or other acceptable surety to be approval 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
it• the contractor or leis subcontractor~ fail to duly pay for any labor, materials, team hire, sustenance. provisions, proyendo' r or other
supplies used or consurtted by such contractor or his subcontractor in performance of the work contracted to be done, the surety will
pa}• tite ;,:tne in an amount not exceedin�Ll the sum specified in the bond, together with interest at the rate of eight per cent per annum.
Unless such bond. Mien so required, is executed, delivered and tiled, 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 n1'ay be accepted in leiu of a bond.
MINI lU11 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 ertiplovtnent of laborers or mechanics in the construction, alteration or repair of
any building or other public work. (except highways. highway bridges, underpasses and highway structures of all
kinds) within tite geographical limits of the State, the rate of wage for all laborers and mechanics employed by the
contractor or am• 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 the building or other public work is located. Disputes respecting prevailing rates will be resolved a.,, provided in
16-h-101, CRS 197 3, as amended.
DISCRIMINATION AND AFFIRMATiVE• ACTION
5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957. as amended
an.l other applicable law respecting discrimination and unfair employment practices (24-34-401. CRS 197 9 supplement), and as
required by Executive Order. Equal Opportunity and Affirmative Action, dated April 16, 1975. Pursuant thereto, the folk)iving provi-
:,n +rt.. shall be contained in all State contracts or sub -contracts.
During the performance of this contract, the contractor agrees as follows:
( I) The contractor will not discriminate against any employee or applicant for employment becatt,�e of
race, creed, color, Rational origin, sex, marital status, religion, ancestry, mental or physical handicap, or age.
Tile contractor will take affirmative action to insure that applicants are emploved, and that employees are
treated during emplotvmettt. without regard to the above mentioned characteristics. Such action shall include,
but not be limited to lite followin<ty: employment, upgrading, demotion, or transfer, recntitn:��nt or
recruitnte nt adyertisings; lay-off• or tenninations: rates of pay or other forms of compensation, and selection
for training. including apprenticeship. The contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the contracting officer setting forth
provisions of this non-discrimination clause. -
(2) The contractor %%ill, in all solicitations or a:lvertisemettt: for employees placed by or on beliaff of the
contractor, state that all qualified applicants will re:•ceke• co)nNideration for employment without regard to
race, creed, color, national o=riuin. wxwarital status. religion, ancestry, mental or physical handicap, or age:.
(3) The •_ontractor will seml ti, r,r:lt lall-)r mtvm or repre .--entatiye of workers «ith which he has collective
bargaining, a__reement or oth^r C,mtr:t(:t rir undcr,�tatiding. rl►A":e to be provided by the contracting officer,
advising the lah,)r union or wo)rl:c•)%' r�i:r:;_ntati:e• of rite cointractor's committntent under the Executive
Order, Equal Opportunity and :Affirmative _%ctinn. dated :April 16, 1975. and of the rules, regulations, and
relevant Orders of the Governor.
(4) -bite coatractor and labor tinio)n-s rill ftrrrri,l! all infor:rtatio)n and reports required by Executive Order,
Equal Opportunity and .Aff7rnwti%v '►c•tio)n of rApr;! 16. 1975, an;l by the rules, regulations and Orders of the
Governor, or pursuant thereto. and '.vill permit access to his book.: , records, and accounts by the cotitracttnst
agency and tilt: office of the G(nernor or his desipee for purpuw• of investigation to ascertain compliance
kith tiu;ln rules, red, nations and orders.
(5) A labor organization will not exclude any individual otherN�i,ce qualified from fill[ mentber..ttii, ri,:, sin
such labor organization, or expel ally such individual from membership in such labor orgarli/mimi o)r
discriminate against any of its members in the full enjoyment of wwork opportunity, because of race cic�ed,
color, sex, natwnal 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 disc:riminatoi)- or obstruct or prevent any per1:1,t1 from
complying with the provisions of this contract or any order issue.) thereunder; or attempt, either directly or
indirectly, to commit any act defined in this contract to be discriminatory.
T)S-5? n1-1022 IM Lie
IF 5
• Form 6-AC-0R'
(7) in the event of she cmitractor's non-compkince with the ;ton -discrimination clauses of this contract or
' with any of such rules. regulations, or orders, this contract may he cancelled, terutinated or suspended in
whole or in part and the contractor may be declared ineli-ihle f,)r further State contracts in accordance with
procedures, authorized in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975 and
the rules, regulations, or orders promulgated in accordance therewith, and such other sanctions as may be
imposed and remedies as may be invoked as provided in E-xecuti%e Order, Equal Opportunity and Affirmative
Action of April 16, 19 7 j, or by riles, regulations, or orders promulgated in accordance' therewith, or as
otherwise provided by law.
(8) The contractor will include the provisions of paragraphs (1) through CS) in even, sub -contract and
sub -contractor purchase order unless exempted by rules, regulations, or orders issued pursuant to Executive
Order, Equal Opportunity and Affirmative Action of April 16, 197 S, so that such provisions will be binding
upon each sub -contractor or vendor. The contractor will take such action with respect to any sub -contracting
or purchase order as the contracting agency may direct, as a means of enforcing such provisions, including
sanctions for non-compliance; provided, however, that in the event the contractor becomes involved in, or is
threatened with, litigation with the subcontractor or vendor as a result of such direction by the contracting
agency, the contractor may request the State of Colorado to enter into such litigation to protect the interest
of the State of Colorado.
COLORADO LABOR PREFERENCE
6. Provisions of 5-17-101. & 102. CRS 1973 for preference of Colorado labor are applicable to this contract if
public works within the Stare are undertaken hereunder and are financed in whole or in part by State funds.
GENERAL
7. The law-` 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 pro%ision of this contract whether or not
incorporated herein by reference which provides for arbitration by anv extra -judicial body or person or which is
otherwise in conflict with said 13ws, rule% and regulations shall he considered null and void. Nothing contained in
any pro\ision incorporated herein by reference which purport% to negate this or any other special prosision 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 pro%ision will not invalidate
the remainder of this contract to the extent that the contract is capable of execution.
8. The signatories hereto aver that they are familiar with 1 ,"�-S-301, et seq.. (Briber- and Corrupt Influences)
and 1 K-S--t01, et seq., ( Abuse of Public Office ), C.R.S. 1973, as amended, and that no violation of such provisions is
present.
9. The sienatories aver that to their kno%%ledge. no state employee has anv personal or heneficial interest
whatsoever in the ,ervice or property described herein.
IN WITNESS k'I'HEREOF, the parties hereto have executed this Agreentent on the day first above written.
BOARD OF COUNTY COMMISSIONERS STATE OF COLORADO
EAGLE COUNTY I(1( HARD U. I, -ANVIL (A)VERNt)R
Contractor-- -- — _�._ — L4/"" - — -- fo1" th6mc t nv i utKl:.rot:. -- - -----
Chairman DE 1)ARTNIE:NT
Position — —_-! OF HEALTH
Social Set -wit-, Number
or
Federal I.D. Number
- - - ( I IN t 11 • i " ( i :
By--
t
PROGRAMAPPROVAL: Jr ) -_ -----`--___
395--53-01-1030 Page 5 which i, the last of_5_..l%aE;es
*See instructions on revere side.
I T•
STATE 01ftvCOLORADO
Department of Local Affairs o�.0-
N� O
DIVISION OF LOCAL GOVERNMENT
Pat Ratliff, Director1876
87*
March 20, 1985 Richard D. Lamm
Governor
Margie L. Gates 1AR 2 5 1985 !
Eagle County
P.O. Box 86 ' '
Eagle, CO $1631
Enclosed please find a fully signed copy of your continuing CSBG
contract.
Your 1985 CSBG Project Plan has been reviewed and accepted by the
Division of Local Government. Receipt of this letter of acceptance
authorizes you to expend your $ 11,233.00 1985 allocation of CSBG
funds in accordance with that plan. Written notification of changes in
your project activities or budget shall be submitted, in advance, to the
Division of Local Government.
Your 1985 CSBG funds will be av-ai 1 abl a for draw down on March 1 when
your current project period concludes. Any unspent funds remaining at
the end of your 1984 CSBG contract may be carried over -into your 1985"
project. To do so, a carryover request must be submitted in conjunction
with your final financial status report on 1984 fund expenditures. The
amount of your carryover request must correspond with the Unobligated
Balance of Funds shown in that final report. Carryover requests should
include a revised ;985 program budget combining the 1984 carryover funds
with the 1985 allocation and a description of resulting program activity
changes, if applicable. Any 1984 funds for which a carryover request is
not submitted will be returned to the state and added to the overall -
share of funds distributed to counties at the next annual allocation.
If you have any questions, please give me a r all.
Sincerely,
n-A
David Edwardson
Division of Local Government
DE/ck
11
0W. f
1313 Sherman Street, Roo 20, enver, 6 oca o 203 (303) 866-2156
b+AC-tit A
DEI's..,MENT OR AGENCY NUMSER
CONTRACT Ot TING I� MBER
i vR-17
CONTRACT
THIS CONTRACT, made this 1st day of _ July 1984, by and between the
State of Colorado for the use and benefit of the Department of '' HEALTH
_-4910 F- Ilth Avenue, Denver, Colorado 80220 _
hereinafter referred to as the State, and '2 BOARD OF COUNTY COMISSIONERS, EAGLE COUTI'Y
_ P.O. Box 537, Eagle, CO 81631
hereinafter referred to as the contractor,
WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made
available and a sufficient unencumbered balance thereof remains available for payment in Fund Number 1001
G/L Account Number_5-.807_, Contract Encumbrance Number r In 1 1 AD • and
. WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate
agencies; and
WHEREAS,*3 the State, in order to carryout its lawful
powers, duties
and responsibilities pursuant to Article I of Title 25, Colorado Revised
Statutes 1973, and the provisions of legislative appropriations made and
provided therefore, in coordination with like powers, duties and responsibilities
of the Contractor, has determined that public health nursing services are
desirable in EAGLE County (s) ; and
WHEREAS, the State and the Contractor mutually agree that employment
of public health nurse(s), under the administrative control of the Contractor,
is the most efficient and effective way of providing the desired services.
NOW THEREFORE, it is hereby agreed that for and in consideration of their mutual
promises 1. to each other, hereinafter stated, the parties hereto agree -as follows:
the Contractor shall provide, through public health nurses,
community nursing services, including maternal and child health services and
services to handicapped children. Said services shall include:
395-53-01-C 010
a) Identifying health needs of individuals, families,
and communities;
b) Deve 1 ors i ng and i r,•i, 1 omen t i ng o rog rams to meet the
identified needs;
c) T'rov i d i !•ea l th p�-omof i f)n services and care of the
> i ck at ho-e ;
d) Providing he-ilth Jjcatio^ ieh ti•ji l? assist in
disease orevunt i til as :le l ' a ; enhance the cl i ent's
ability to deal with health problems;
e) Assisting patients in obtainlrig health care services
and coordinating those services; and
f) Assuring quality of services.
Page 1 of 5 pages
"(See instructions on reverse of last page.)
i
2. % Contractor will, on or after date of this contract,
• employ only individuals who meet the minimum qualifications as set up by the
State Community Nursing Section for each position, with review and approval by
the State prior to employment.
3. The State will, in consideration of said services by the
Contractor,' -cause to be paid to the Contractor a sum not to exceed
Eighteen thousand one hundred Dollars
$ 18,100.00 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
one -twelfth of a sum equal to 20,•5% actual salary or total
hours worked by FTE, whichever is less, upon receipt of a
signed statement, submitted in duplicate on forms supplied
by the State. Should a vacancy occur there will be a
proportionate reduction in the reimbursement amount.
b) In no event will these funds be used to cover the cost of
those services to patients for whom third party payment
is available.
c) Total reimbursement will not exceed 20.5% actual salary
or total hours worked by FTE, whichever is less.
4. The State will continue payment for nursing personnel only
so long as the Contractor renders acceptable services as determined by the State.
The Nursing Supervisor assigned by the State Nursing Section shall have the
authority for supervision and periodic evaluation of the quality and quantity
of services based on minimum standards for Community Nursing Services. The
Contractor agrees to cooperate in any evaluation conducted by the State.
5. The term of this contract is beginning July 1, 1984 and
continuing through June 30, 1985.
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 ) $ 4,525.00 for the period 7 /l /84 - 9 /30 /84
b) $ 13,575.00 for the period 10/1/84 - 6/30/85
Funds listed under b) are contingent upon federal approval.
7• The Contractor agrees to furnish to the State, two (2 copies)
of the audit report as outlined in Office of Management and Budget Circular A-102
Attachment P within 30 days after completion of said audit."
8. Payment pursuant to this Contract will be made as earned,
in'whole or in part, from available State funds encumbered in an amount not
to exceed THREE HUNDRED AND FOUR THOUSAND DOLLARS ($304,000.00) for the
purchase of County Nursing.Services. It is further understood and agreed
that the maximum amount of State funds available for fiscal year 1985 for
the purchase of Nursing Services is in the amount of $304,000.00. The
liability of the State, at any time, for such payments shall be limited
to the unencumbered amount remai-ning of such funds.
9. Changes in total reimbursement amounts for the above named
services as a result of an increase or decrease of salary and/or full-time
equivalent staff (FTE) in the original contract shall be made by a mutually
signed letter of approval which shall include the•following:
a) Identification of Contract by contract encumbrance
number and number of affected paragraph.
b) Amount of increase or decrease in funding.
c) Effective date of funding change.
d) Authorized signatures of the Contractor, the State and
the State Controller. It is understood that no change
except funding amounts and resulting FTE shall be made
through the letter of approval.
Page 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 con tractor.
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 or the duty to perform their.
obligations up to the date of termination.
This agreement is intended as the complete integration of al_1
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 s contincent upon continued availability of federal funds f
ior
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 tomore
than one grant program or other cost objective will be supported by appro-
priate time distribution records.
To be considered for payment, billings far reimbursement pursuant to
this contract must be received within 60 r days artethe Y period for �,;� i c
reimbursement is being requested and final billings on the contract gust be
received by the Stare Health Department within 4-0 days aster the end of the
contract term.
If applicable, Local Match is to be submitted on the monthly
reimbursement statements, in the column provided, as required by the f'��,di^a
source.
v
Form 6-AC-02B SPECIAL. PROVISIONS
CONTROLLER'S APPROVAL
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,
hudoeted and otherwise made available.
BOND REQL.ZRE:IIENT .
3. If this contract involves the payment of more than fifty. thousand dollars for the construction, erection, repair, maintenance.
or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public 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, provendor or other
supplies used or consumed by such contractor or his subcontractor in performance of the work contracted to be done, the surety will
pay the same in an amount not exceeding the sum specified in the bond, together with interest at the rate of eight per cent per arrnum.
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
ally 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 the building or other public work is located. Disputes respecting prevailing rates will be resolved as provided in
5-16-101, CRS 1973, as amended.
DISCRIMINATION AND AFFIRMATIVE ACTION
5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended
and other applicable law respecting discrimination and unfair employment practices (24-34-402, CRS 197*9 st,pplenient), and as
required by Execuiive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975. Pursuant thereto, the following provi-
sions •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 advertisin&N; lay-offs or terminations: rates of pay or other forms of compensation; and selection
for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to
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. I'mr•it:rl status. religion, ancestry, mental or physical handicap, or age.
(3) The contractor will send vi c:r.h I;ih-,r union or representative of workers \kith which he has collective
n
bargaining agreement or other cntract or undrrstandiMl. 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 Affirrnalke Action, dated April 16, 1975, and of the rules, regulations, and
relevant Orders of the Governor.
(4) The contractor and labor unions will furnish ail inf(;rmation and reports required by Executive Order,
Equal Opportunity and Affirmative :lclioll of April 16, 1975, itrld l,v the rules, regulations and Orders- of the
Governor, or pursuant thereto, and will permit access to his book, records, and accounts by the contacting
agency and the office of the Governor or his designee for purpose, of investigation to ascertain compliance
with such rules, regulations and orders.
(5) A labor organization will not 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, : reed,
color, sex, national origin, or ancestry.
(6) A labor organization, or the employees or members thereof rill not aid, abet, incite, compci or coerce
the doing of any act defined in this contract to be discriminatory or obstruct or prevent any per-mi from
complying with the provisions of this contract. or any order issued (hereunder; or attempt, either directly or
indirectly, to commit any act defined in this contract to be discriminatory.
?M5.51 r)1-1022 j�,r c �� 5 . 1lle%
•4:orm F AC-02C
(7) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or
with any of such rules, regulations, or orders, this contract may 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 rules. 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 rules, regulations, or orders promulgated in accordance therewith, or as
otherwise provided by law.
(8) The contractor will include the provisions of paragraphs (1) through (8) in every sub -contract and
sub -contractor 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 sub -contracting
or purchase order.as the contracting agency may direct, as a means of enforcing such provisions, including
sanctions for non-compliance; provided, however, that in the event the contractor becomes involved in, or is
threatened with, litigation with the subcontractor or vendor as a result of such direction by the contracting
agency, the contractor may request the State of Colorado to enter into such litigation to protect the interest
of the State of Colorado.
COLORADO LABOR PREFERENCE
6. 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 and are financed in whole or in part by State funds.
GENERAL
7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in
the interpretation, execution and enforcement of this contract. Any provision of this contract whether or not
incorporated herein by reference which provides for arbitration by any extra -judicial body or person or which is
otherwise in conflict with said laws, rules and regulations shall be considered null and void. Nothing contained in
any provision incorporated herein by reference which purports to negate this or any other special provision in
whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint,
defense or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate
the remainder of this contract to the extent that the contract is capable of execution.
S. The signatories hereto aver that they are familiar with 18.8-301. et seq.. (Bribery and Corrupt Influences)
and 18-8-401. et seq.. (Abuse of Public Office). C.R.S. 1973. as amended. and that no violation of such provisions is
present.
9. The signatories aver that to their knowledge, no state employee has any personal or beneficial interest
whatsoever in 0P, .enice or prnpert} de,crihed herein. ,
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day first above written.
BOARD OF COUNTY COMMISSIONERS
EAGLE COUNTY J Jp[
Contractor-k..
Position--- Chairman
STATE: OF COLORADO
RICIIARD 1). I.AUNT. GOVERNOR
f I.('t'TI ,. DIRI`CTOR.
DEPARTMENT
OF HEALTH
Sm-ial Seeurite Number
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Federal 1-1). Number
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ATTORNI v GI x P R xI _D ANE WOODARD
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By
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PROGRAM APPROVAL:
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395-53-01-1030 Page 5 which is the last of_ 5 _.pages
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