HomeMy WebLinkAbout20091467.tiffRESOLUTION
RE: APPROVE CONTRACT AMENDMENT #4 FOR SINGLE ENTRY POINT AGENCY 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 #4 for a Single Entry
Point Agency 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
July 1, 2009, and ending June 30, 2010, 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 #4 for a Single Entry Point Agency, 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 24th day of June, A.D., 2009.
BOARD OF COUNTY COMMISSIONERS
WELD COUNT 7COLORADO
ATTEST: gbial
Wel• - aunty Clerk to the Bo
BY \
Depu y Cler to the Board
APPROVE
Attorney
Date of signature 1� 3toti
arcia Chair
ougla• Radema• er, Pro -Tern
Sean P. Conway
EXCUSED
(-C: its(;pe-u5)
2009-1467
HR0080
076y(c9
MEMORANDUM
DATE: June 22, 2009
TO: William F. Garcia, Chair, Board of County Commissioners
WIlDCFROM: Judy A. Griego, Director, Human Services Depa4ment
COLORADO RE:
Contract Amendment #4 to the Area Agency on Aging Single
Entry Point Contract between the Weld County Department
of Human Services and the Department of Health Care Policy
and Financing
Enclosed for Board Approval is the Contract Amendment #4 to the Area Agency on Aging
Single Entry Point Contract between the Department and the Department of Health Care
Policy and Financing.
The contract amount for State FY 2010 will be $1,050,910.11. These dollars are used to fund
the administrative functions of the Single Entry Point. The Weld Single Entry point provides
services such as case management and other related services to clients who are eligible to
receive community based long term care services funded through Medicaid and State General
Funds.
The term of this Contract is July 1, 2009 through June 30, 2010.
If you have any questions, give me a call at extension 6510.
2009-1467
CLIN JO UHA oeoW
Department of Health Care Policy and Financing
Contract Routing Number
3010-9070
CONTRACT AMENDMENT NO.4
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
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 name of the Contractor as it appears in
the Contract, to extend the performance period, revise the Compensation/Maximum
Payable language to add SFY 09-10 funding, add an indemnification provision and
replace the Special Provisions.
Page 1 of 4
Dog-/// i
The Contractor changed its name from "Weld County Division of Human Services, Area
Agency on Aging by and through the Weld County Board of Commissioners" to "Weld
County Department of Human Services by and through the Weld County Board of
Commissioners" as reflected in the Resolution No. 2008-1533 of the Board of County
Commissioners of Weld County, attached hereto as Attachment 1.
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. The name "Weld County Department of Human Services by and through the
Weld County Board of Commissioners" shall be substituted for the name
"Weld County Division of Human Services, Area Agency on Aging by and
through the Weld County Board of Commissioners" wherever it appears in the
contract. Except with respect to the change of the Contractor's name, or other
modifications identified in this amendment, no other terms or conditions of
the original contract are changed, and the rights and obligations of the
Department and Contractor are unaffected by this change.
b. Section III.B. shall be amended to extend the performance period through
June 30, 2010.
c. Section III.C.1. shall be amended by adding a not to exceed amount of
$1,050,910.11 for SFY 2009-10 for a total not to exceed amount of
$4,141,452.46.
d. Add Section III.KK:
KK. Indemnification
The Contractor shall indemnify, save, and hold harmless the State, its
employees and agents, against any and all claims, damages, liability
and court awards including costs, expenses, and attorney fees and
related costs, incurred as a result of any act or omission by Contractor,
or its employees, agents, subcontractors, or assignees pursuant to the
terms of this contract.
[Applicable Only to Intergovernmental Contracts] 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,
Page 2 ot'4
protection, or other provisions, 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.
e. Special Provisions, pages 20a and 20b of 21 are replaced with Special
Provisions, pages 20a and 20b of 21, dated January 1, 2009, which are
attached hereto and incorporated herein.
7. EFFECTIVE DATE OF AMENDMENT
The effective date hereof is upon approval of the State Controller or their delegate, or
July 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 3 of 4
Contract Routing Number 3010-9070
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.
By:
CONTRACTOR:
Weld County Department of
Human Services by and through
the Weld County Board of
Commissioners
Legal Name of ContFae!}ng Entity
ignature of Authorized Officer
By:
Date: JUN 24 2009 Date:
William F. Garcia
Printed Name of Authorized Officer
Chair
Printed Title of Authorized Officer
By:
Date:
STATE OF COLORADO:
Bill Ritter, Jr., Governor
C;k-
Joan Henneberry, Executive
Director
Department of Health Care Policy
and Financing
Q4-22\ le\
LEGAL REVIEW:
John W. Suthers, Attorney General
il/A.
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.
By:
Date:
TATE CONT' S LLER:
avid J. I ermott, CPA
30 0�
Page 4 of 4
SPECIAL PROVISIONS
(The Special Provisions apply to all contracts except where noted in italics.)
1. CONTROLLER'S APPROVAL. CRS §24-30-202(1). This contract shall not be valid until it has been approved by the
Colorado State Controller or designee.
2. FUND AVAILABILITY. CRS §24-30-202(5.5). 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.
3. GOVERNMENTAL IMMUNITY. 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, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C. §§1346(b) and 2671 et seq., as applicable
now or hereafter amended.
4. INDEPENDENT CONTRACTOR Contractor shall perform its duties hereunder as an independent contractor and not as
an employee. Neither Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee of the
State. Contractor and its employees and agents are not entitled to unemployment insurance or workers compensation
benefits through the State and the State shall not pay for or otherwise provide such coverage for Contractor or any of its
agents or employees. Unemployment insurance benefits will be available to Contractor and its employees and agents only if
such coverage is made available by Contractor or a third party. Contractor shall pay when due all applicable employment
taxes and income taxes and local head taxes incurred pursuant to this contract. Contractor shall not have authorization,
express or implied, to bind the State to any agreement, liability or understanding, except as expressly set forth herein.
Contractor shall (a) provide and keep in force workers' compensation and unemployment compensation insurance in the
amounts required by law, (b) provide proof thereof when requested by the State, and (c) be solely responsible for its acts and
those of its employees and agents.
5. COMPLIANCE WITH LAW. Contractor shall strictly comply with all applicable federal and State laws, rules, and
regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair
employment practices.
6. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation,
execution, and enforcement of this contract. Any provision included or incorporated herein by reference which conflicts
with said laws, rules, and regulations shall be null and void. Any provision incorporated herein by reference which purports
to negate this or any other Special Provision in whole or in part shall not 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 shall not invalidate the remainder of this contract, to the extent capable of execution.
7. BINDING ARBITRATION PROHIBITED. The State of Colorado does not agree to binding arbitration by any extra-
judicial body or person. Any provision to the contrary in this contact or incorporated herein by reference shall be null and
void.
8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. State or other public funds payable
under this contract shall not be used for the acquisition, operation, or maintenance of computer software in violation of
federal copyright laws or applicable licensing restrictions. Contractor hereby certifies and warrants that, during the term of
this contract and any extensions, Contractor has and shall maintain in place appropriate systems and controls to prevent such
improper use of public funds. If the State determines that Contractor is in violation of this provision, the State may exercise
any remedy available at law or in equity or under this contract, including, without limitation, immediate termination of this
contract and any remedy consistent with federal copyright laws or applicable licensing restrictions.
9. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. CRS §§24-18-201 and 24-50-507. The
signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the
service or property described in this contract. Contractor has no interest and shall not acquire any interest, direct or indirect,
that would conflict in any manner or degree with the performance of Contractor's services and Contractor shall not employ
any person having such known interests.
10. VENDOR OFFSET. CRS §§24-30-202 (1) and 24-30-202.4. [Not Applicable to inlergovernunental agreements] Subject
to CRS §24-30--202.4 (3.5), the State Controller may withhold payment under the State's vendor offset intercept system for
debts owed to State agencies for: (a) unpaid child support debts or child support arrearages; (b) unpaid balances of tax,
accrued interest, or other charges specified in CRS §39-21-101, et seq.; (c) unpaid loans due to the Student Loan Division of
the Department of Higher Education; (d) amounts required to be paid to the Unemployment Compensation Fund; and (e)
other unpaid debts owing to the State as a result of final agency determination or judicial action.
Issued by the Office of the Slate Controller Date Issued: 7/1/74
Rule 3-I
Page 20a of 21 Date Revised: 1/1109
SPECIAL PROVISIONS
(The Special Provisions apply to all contracts except where noted in italics.)
1!. PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.-101. [Not Applicable to agreements relating to the offer,
issuance, or sale of securities, investment advisory, services or fund management services, sponsored projects,
intergovernmental agreements, or information technology services or products and services] Contractor certifies,
warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this
contract and will confirm the employment eligibility of all employees who are newly hired for employment in the United
States to perform work under this contract, through participation in the E -Verify Program or the Department program
established pursuant to CRS §8-17.5- I 02(5Xc). Contractor shall not knowingly employ or contract with an illegal alien to
perform work under this contract or enter into a contract with a subcontractor that fails to certify to Contractor that the
subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. Contractor
(a) shall not use E -Verify Program or Department program procedures to undertake pre -employment screening of job
applicants while this contract is being performed, (b) shall notify the subcontractor and the contracting State agency within
three days if Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien for work
under this contract, (c) shall terminate the subcontract if a subcontractor does not stop employing or contracting with the
illegal alien within three days of receiving the notice, and (d) shall comply with reasonable requests made in the course of an
investigation, undertaken pursuant to CRS *8-17.5-102(5), by the Colorado Department of Labor and Employment. if
Contractor participates in the Department program, Contractor shall deliver to the contracting State agency, Institution of
Higher Education or political subdivision a written, notarized atiirmation, affirming that Contractor has examined the legal
work status of such employee, and shall comply with all of the other requirements of the Department program. If Contractor
fails to comply with any requirement of this provision or CRS §8-17.5-10I et seq., the contracting State agency, institution
of higher education or political subdivision may terminate this contract for breach and, if so terminated Contractor shall be
liable for damages.
12. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76.-101. Contractor, if a natural person eighteen (18)
years of age or older, hereby swears and affirms under penalty of perjury that he or she (a) is a citizen or otherwise lawfully
present in the United States pursuant to federal law, (b) shall comply with the provisions of CRS §24-76.5-101 et seq., and
(c) has produced one form of identification required by CRS §24-76.5-103 prior to the effective date of this contract.
Issued by the Office of the State Controller Date issued: 7/1/74
Rule 3-1 Page 20b of 21 Date Revised: 1/1/09
Attachment 1
RESOLUTION.
RE: APPROVE REORGANIZATION OF HUMAN SERVICES AND SOCIAL SERVICES
DEPARTMENTS
WHEREAS, the Board of County Commissioners f Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Ch rter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of Weld County Commissi ners has conducted an organizational
evaluation of the Departments of Human Services and So ial Services, and as a result has made
the management and legislative decision to combine the Weld County Departments of Human
Services and Social Services Into one department. The merger of the two departments will be
effective June .1, 2008, and the combined department will de named the Weld County Department
of Human Services, and,•
WHEREAS, as a result of the study, the Board of W ld CountyCommissioners has decided
that the Human ServiceslAdministrativeUnit will beeilmina , and the current Directors of Human
Service and Social Services positions will be ellmirrated a t d combined into' one position titled the
Director of Human Services, and
WHEREAS, as a result of the study the Board of eld County Commissioners has further
decided to appoint Judy Griego as the Director of the De artment of Human Services.
NOW THEREFORE BE RESOLVED by the BoardIhat the-Directorof Human Services and
the Director Of Social Services positions should be eliminated, effective June 1, 2008.
BE IT FURTHER RESOLVED by the Board that the fiscal functions of the Department of
Human Services shall be combined with the Social Se'Geis Business Office and will become
known as the Departmenit of Human Services Fiscal Unit
BE IT FURTHER RESOLVED by:the Board. tha4.Judy .Griego will be appointed as the
Director of the Weld County Department of Human S@rvi
BE IT FURTHER RESOLVED by the: Board hat the Transportation Unit, formally
associated with the Department of Huniam:Services, U. be; placed under the Department of
Finance and Administration, and will be.. under Ihe, direct on•.of Monica Daniels -Mika, Director of
Administrative Services' effective June 1; 2008. • -
2008-1533
SS0035
REORGANIZATION OF HUMAN SERVICES AND SOCIA SERVICES DEPARTMENTS
PAGE2
The above and foregoing Resolution was, on motto duly made and seconded, adopted by
the following vote on the 28th day of May, A.D., 2008.
BOARD F COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Weld County Clerk t
BY:
lam H Jerke, Chair
Robert D. asden, Pro -Tern
William Garcia
EXCUSE'
David E. �ong
EXCUSED
Hello