HomeMy WebLinkAbout20100093 RESOLUTION
RE: APPROVE CONTRACT AMENDMENT#5 TO SINGLE ENTRY POINT CONTRACT FOR
OPTIONS FOR LONG TERM CARE AND AUTHORIZE CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,the Board has been presented with Contract Amendment#5 to the Single Entry
Point Contract for Options for Long Term Care between the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County, on behalf of the Department of
Human Services, Area Agency on Aging, and the Colorado Department of Health Care Policy and
Financing, commencing upon full execution, with further terms and conditions being as stated in
said amendment, and
WHEREAS,after review,the Board deems it advisable to approve said amendment,a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that Contract Amendment#5 to the Single Entry Point Contract for Options for
Long Term Care, between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, on behalf of the Department of Human Services, Area
Agency on Aging, and the Colorado Department of Health Care Policy and Financing be, and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said amendment.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 13th day of January, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
/4 ELat ELD COUNTY, COLORADO
ATTEST: rr. . � ._gin, �'1/�
i is. t ,��. 4 ) D . .l�s Radem her, C air
1V-7; ),
Weld County Clerk to the Bo�•�,. ' ' `
i I/ 6 t�u:�ACJ2c
� " l I \`\ arbara Kirkmeyer, ro-Tem
Bl^, /L i 1Li'1 I/17 te.l-( h� ,i
Deputj Clerk to the Board
Sean P. C a
APP DAST • D�_��
ill F. Garcia
un orney \ EJ YYY
David E. Long �/
Date of signature: iii,C/1C
LC. its . -0141
2010-0093
00 h� S Lao C) inA HR0081
MEMORANDUM
DATE: January 7, 2010
1119 TO: Douglas Rademacher, Chair, Board of County Corn sinners
FROM: Judy A. Griego, Director, Human Se )ices D artm l `t "
COLORADO
RE: Amendment#5 to the Weld County Department of Human
Services' Area Agency on Aging's Options for Long Term
Care Contract with the State of Colorado
Enclosed for Board approval is an Amendment #5 to the Department's Area Agency on
Aging's Options for Long Term Care Contract (also known as SEP). This Contract
Amendment was presented at the Board's January 6, 2010. Work Session.
This Contract Amendment is for FY 09-10. Amended changes in the Compensation
Maximum Payable are due to the implementation of
a. Executive Order D 0I 7 09, Declaring Insufficient Revenues Available for
Expenditures and Ordering Suspension of Certain State Programs and Services in
order to Meet a Revenue Shortfall in Fiscal Year 2009-10;
b. Executive Order D 026 09, Continuing the Declaring Insufficient Revenues
Available for Expenditures and Ordering Suspension of Certain State Programs and
Services in order to Meet a Revenue Shortfall in Fiscal Year 2009-10; and
c. Recalculations of forecasts based on reported client activity numbers for July,
August and September 2009.
If you have questions, please give me a call at extension 6510.
2010-0093
CMS 1/st-a
Department of Health Care Policy and Financing
Contract Routing Number
3010-9151
CONTRACT AMENDMENT NO. 5
Original Contract Routing Number 2306-1319, dated June 1, 2005
Amendment No. 1, Contract Routing Number 2307-9068, dated May 1, 2006
Amendment No. 2, Contract Routing Number 2308-9122, CLIN 08 UHA 00110, dated
May 1, 2007
Option Letter No. 2, Contract Routing Number 2307-9169, dated May 25, 2007
Option Letter No. 3, Contract Routing Number 2307-9192, dated May 25, 2007
Option Letter No. 4, Contract Routing Number 2308-9178, CLIN 08 UHA 00173, dated
April 30, 2008
Amendment No. 3, Contract Routing Number 3009-9140, CLIN 09 UHA 00174, June
26, 2008
Amendment No. 4, Contract Routing Number 3010-9070, CL1N 10 UHA 00049
1. PARTIES
This Amendment to the above-referenced Original Contract (hereinafter called the
Contract) is entered into by and between Weld County Department of Human Services by
and through the Weld County Board of Commissioners, 281 Sawyer Drive, P O Box 140,
Durango, Colorado 81302-0140 (hereinafter called "Contractor"), and the STATE OF
COLORADO, acting by and through the Department of Health Care Policy and
Financing, 1570 Grant Street, Denver, Colorado 80203 (hereinafter called
"Department").
2. EFFECTIVE DATE AND ENFORCEABILITY
This Amendment shall not be effective or enforceable until it is approved and signed by
the Colorado State Controller or designee (hereinafter called the "Effective Date"), but
shall be effective and enforceable thereafter in accordance with its provisions. The
Department shall not be liable to pay or reimburse Contractor for any performance
hereunder, including, but not limited to, costs or expenses incurred, or be bound by any
provision hereof prior to the Effective Date.
3. FACTUAL RECITALS
The parties entered into a Contract for the performance of Single Entry Point Agency
functions as defined by sections 25.5-6-104 and 25.5-6-106, C.R.S. (2007) and the
regulations applicable to the Department and the Single Entry Point system at 10 C.C.R.
2505-10, Section 8.390 et seq.
The purpose of this Amendment is to change the Compensation/Maximum Payable
language for SFY 09-10 funding and to revise the not to exceed amount based on
implementation of Executive Order D 017 09, Declaring Insufficient Revenues Available
for Expenditures and Ordering Suspension of Certain State Programs and Services in
Page 1 of 3
&D/6 -ae9,.
order to Meet a Revenue Shortfall in Fiscal Year 2009-10, Executive Order D 026 09,
Continuing the Declaring Insufficient Revenues Available for Expenditures and Ordering
Suspension of Certain State Programs and Services in order to Meet a Revenue Shortfall
in Fiscal Year 2009-10 and on revised calculations derived from total client and activity
counts reported for July, August and September 2009.
4. CONSIDERATION
Consideration for this Amendment consists of the payments to be made hereunder and
the obligations, promises, and agreements herein set forth.
5. LIMITS OF EFFECT
This Amendment is incorporated by reference into the Contract, and the Contract and all
prior amendments thereto, if any, remain in full force and effect except as specifically
modified herein.
6. MODIFICATIONS
The Contract and all prior amendments thereto, if any, are modified as follows:
a. Section IIl.C.1. shall be amended by decreasing the SFY 2009-10 not to
exceed amount by $2,026.71 to a revised amount of$1,048,883.40 for a total
contract not to exceed amount of$4,139,425.75.
7. EFFECTIVE DATE OF AMENDMENT
The effective date hereof is upon approval of the State Controller or their delegate, or
December 1, 2009,whichever is later.
8. ORDER OF PRECEDENCE
Except for the Special Provisions, in the event of any conflict, inconsistency, variance, or
contradiction between the provisions of this Amendment and any of the provisions of the
Contract, the provisions of this Amendment shall in all respects supersede, govern, and
control. The most recent version of the Special Provisions incorporated into the Contract
or any amendment shall always control other provisions in the Contract or any
amendments.
9. AVAILABLE FUNDS
Financial obligations of the state payable after the current fiscal year are contingent upon
funds for that purpose being appropriated, budgeted, or otherwise made available to the
Department by the federal government, state government and/or grantor.
Page 2 of 3
• Contract Routing Number 3010-9151
THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT
Persons signing for Contractor hereby swear and affirm that they are authorized to act on
Contractor's behalf and acknowledge that the State is relying on their representations to that
effect.
CONTRACTOR: STATE OF COLORADO:
Weld County Department of Human
Services by and through the Weld
County Board of Commissioners Bill Ritter, Jr., Governor
Legal Name of Contracting Entity
By: By: D �
Sign ire o Authorized Officer Joan Henneberry, Executive Director
Department of Health Care Policy and
Financing 2
Date: 01/13/2010 Date: I 23I \-
Douglas Rademacher LEGAL REVIEW:
Printed Name of Authorized Officer John W. Suthers, Attorney General
Chair. Board of Weld County Commissioners
Printed Title of Authorized Officer By: A4 i
Date:
ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State Contracts. This Contract is
not valid until signed and dated below by the State Controller or delegate. Contractor is not
authorized to begin performance until such time. If Contractor begins performing prior thereto,
the State of Colorado is not obligated to pay Contractor for such performance or for any goods
and/or services provided hereunder.
STATE CONTROLLER:
D vid J . IccDermott, CPA
By: ( 1
Date: 011U
Page 3 of 3
aO/1) -pU'.
Hello