HomeMy WebLinkAbout20083071.tiff RESOLUTION
RE: APPROVE RESCINDING RESOLUTION #2008-2440, DATED SEPTEMBER 10, 2008,
AND APPROVE REVISED CONTRACT AMENDMENT#3 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, by Resolution #2008-2440, dated September 10, 2008, the Board approved
Contract Amendment #3 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, and
WHEREAS, after review, the Board deems it advisable to rescind Resolution#2008-2440,
dated September 10, 2008, and
WHEREAS, the Board has been presented with a revised Contract Amendment #3 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 September 1, 2008, with further terms and conditions being as stated in said
amendment, and
WHEREAS,after review,the Board deems it advisable to approve said revised 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 Resolution #2008-2440, dated September 10, 2008, for Contract
Amendment#3 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and Financing, be, and hereby is, rescinded.
BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County,
Colorado, that the revised Contract Amendment#3 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.
2008-3071
n ; //(X.� c-u.S ) HR0O7 ) /—G
RE: RESCIND RESOLUTION #2008-2440, DATED SEPTEMBER 10, 2008, AND APPROVE
REVISED CONTRACT AMENDMENT#3 FOR SINGLE ENTRY POINT AGENCY
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded,adopted by
the following vote on the 19th day of November, A.D., 2008, nunc pro tunc September 1, 2008.
BOARD OF COUNTY COMMISSIONERS
A f1 WELD COUNTY, COLORADO
ATTEST:
m H. Jerke, Chair
Wel County Clerk to the Board`' -:
.154: �--ham 'V/
c° \,amt Robert D. Mas e , Pro-Tem
BY: t ,i d l C?i 'j771711(
Depu Cle to the Board —
William F. Garcia
APP D AS T • EXCUSED
avid E. Long
c
ounty Attorney ( ‘ilaAlAr
ougOs Rademac e
Date of signature: )1C icc
2008-3071
HR0079
MEMORANDUM
("Tk7 "s\
ifali DATE: November 17, 2008 sv TO: William H. Jerke, Chair, Board of County Commi io s
WI I'D
C FROM: Judy A. Griego, Director, Human Sere' s e e
COLORADO RE: Weld County Department of Human ervices' Area Agency
on Aging Single Entry Point Contract Amendment No. 3
With the State of Colorado Department of Health Care Policy
and Financing
Enclosed for Board approval is the Weld County Department of Human Services' Area
Agency on Aging Contract Amendment No. 3 with the State of Colorado Department of
Health Care Policy and Financing. This Contract was presented at the Board's September
10, 2008, Board meeting.
The major provisions of this Contract Amendment are:
1. AAA entered into a Contract dated June 1,2005,to perform the functions of a Single Entry
Point Agency. The purpose of the Contract Amendment is to Paragragh 3.b.-language has
been modified to include the full annual value of the amendment.
2. The effective date of this Amendment is September 1, 2008.
If you have questions, please give me a call at extension 6510.
2008-3071
Uhl ( . 0-4A cvi7y
Agency or Department Name
�✓ 1.0D Health Care Policy and Financing
a
Agency or Department Number
UHA
Contract Routing Number
3009-9140
CONTRACT AMENDMENT NO.3
THIS AMENDMENT, made this 26th day of June 2008, by and between the State of Colorado
for the use and benefit of the Department of Health Care Policy and Financing, 1570 Grant St.,
Denver, CO 80203 hereinafter referred to as the"Department", and Weld County Department of
Human Services' Area Agency on Aging by and through the Weld County Board of
Commissioners,hereinafter referred to as the"Contractor".
FACTUAL RECITALS
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; and
Required approval, clearance, and coordination has been accomplished from and with
appropriate agencies;and
The parties entered into a contract dated June 1, 2005, to perform the functions of a Single Entry
Point Agency. The purpose for this amendment is to extend the performance period and to
increase the not to exceed amount, to add a new contract provision, Debarment and Suspension,
and to replace the previous Special Provisions with the new Special Provisions.
NOW THEREFORE, it is hereby agreed that:
1. Consideration for this amendment to the original Contract, Contract Routing Number
2306-1319 dated June 1,2005 consists of the payments which shall be made pursuant to
this amendment and the promises and agreements herein set forth.
2. It is expressly agreed by the parties that this amendment is supplemental to the original
Contract,2306-1319, dated June 1, 2005, as amended by Contract Amendment 1,
Contract Routing Number 2307-9068, dated May 1,2006,Contract Amendment 2,
Contract Routing Number 2308-9122, CLIN 08 UHA 00110, dated May 1,2007, Option
Letter 2, Contract Routing Number 2307-9169, dated May 25, 2007, Option Letter 3,
Contract Routing Number 2307-9192, dated May 25, 2007,and Option Letter 4,Contract
Routing Number 2308-9178, CLIN 08 UHA 00173,dated April 30,2008, collectively
referred to as the"original contract," which is,by this reference, incorporated herein, that
all terms, conditions, and provisions thereof,unless specifically modified herein, are to
apply to this amendment as though they were expressly rewritten, incorporated, and
included herein.
3. It is agreed the original contract is and shall be modified, altered, and changed in the
following respects only:
Page 1 of 4
a. Section 1II.B. shall be amended by extending the performance period through
June 30,2009.
b. Section 1II.C.1. shall be amended by adding a not to exceed amount of
$967,360.00 for SFY 2008-09 for a total cumulative not to exceed amount of
$3,090,542.35.
c. Add Section III. JJ, Debarment and Suspension.
1) If this is a covered transaction or the contract amount exceeds $100,000,
the Contractor certifies to the best of its knowledge and belief that it and
its principals and subcontractors are not presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded by
any Federal department or agency.
2) This certification is a material representation of fact upon which reliance
was placed when the Department determined to enter into this transaction.
•
If it is later determined that the Contractor knowingly rendered an
erroneous certification, in addition to other remedies available at law or by
contract,the Department may terminate this Contract for default.
3) The Contractor shall provide immediate written notice to the Department
if it has been debarred, suspended, proposed for debarment, declared
ineligible or voluntarily excluded by any Federal department or agency.
4) The terms "covered transaction," "debarment," "suspension," "ineligible,"
"lower tier covered transaction," "covered transaction," "principal," and
""voluntarily excluded," as used in this paragraph have the meanings set
out in 45 CFR Part 76.
5) The Contractor agrees that it will include this certification in all lower tier
covered transactions and subcontracts that exceed$100,000.
d. Special Provisions page 20a and 20b of 21 shall be deleted and replaced with
Special Provisions pages 20a and 20b of 21,attached hereto and incorporated
herein by reference.
4. The effective date of this amendment is September 1,2008.
5. 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 original contract,the provisions of this amendment shall in all respects supersede,
govern, and control. The Special Provisions shall always be controlling over other
provisions in the contract or amendments. The representations in the Special Provisions
concerning the absence of bribery or corrupt influences and personal interest of State
employees are presently reaffirmed.
Page 2 of 4
6. 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.
•
Page 3 of 4
Contract Routing Number 3009-9140
IN WITNESS WHEREOF, the parties hereto have executed this amendment on the day first
above written.
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:
Bill Ritter,Jr..,, Governor
By: / B
�L. y
Signature of Authorized Officer 3;g4n Henneberry,Executive Director
Department of Health Care Policy and Financing
w Date: NOV 1 9 2008 Date: /7'1 f 7 62(K
LEGAL REVIEW:
William H.Jerke,Weld County Board of
Commissioners,Chair John W. Suthers, Attorney General
Printed Name&Title of Authorized Officer
By: /V..4..
Weld County Department of Human Services'
Area Agency on Aging by and through the
Weld County Board of Commissioners
Legal Name of Contracting Entity Date:
ALL CONTRACTS REOUIRE 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 Contactor for such
performance or for any goods and/or services provided hereunder.
STATE CONTROLLER:
DkAsid J.plcDe mott,CPA
By: �z
OT
Date: / Z - I L
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(I).This contract shall not be deemed 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. INDEMNIFICATION.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,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.
4. INDEPENDENT CONTRACTOR.4 CCR 801-2.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 or shall be deemed to
be an agent or employee of the state. Contractor shall pay when due all required employment taxes and income taxes and
local head taxes on any monies paid by the state pursuant to this contract. Contractor acknowledges that contractor and its
employees arc not entitled to unemployment insurance benefits unless contractor or a 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 agreement.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 its acts and those
of its employees and agents.
5. NON-DISCRIMINATION.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 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 this
contract is capable of execution. At all times during the performance of this contract.Contractor shall strictly adhere to all
applicable federal and State laws,rules,and regulations that have been or may hereafter be established.
7. VENDOR OFFSET.CRS§§24-30-202(1)and 24-30-202.4.[Not Applicable to Intergovernmental Agreements(The
State Controller may withhold payment of certain debts owed to State agencies under the State's vendor offset intercept
system for:(a)unpaid child support debts or child support arrearages;(b)unpaid balances of tax,accrued interest,or other
charges specified in CRS§39--2_1-101,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
certified by the State Controller as owing to the State as a result of final agency determination or judicial action.
8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00.No State or other public funds payable
tinder this contract shall be used for the acquisition.operation,or maintenance of computer software in violation of federal
copyright laws or applicable licensing restrictions.Contractor hereby certifies that,for the term of this contract and any
extensions,Contractor has 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 paragraph,the State may exercise any remedy available at law or
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.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.
Revised May 13.2008 Page 20a of 21 HCPF LAN Version,June 4,2008
SPECIAL PROVISIONS
(The Special Provisions apply to all contracts except where noted in italics.)
10. PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101. [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 §8-17.5-102(5)(c), 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 affirmation.affirming that Contractor has examined the legal ,
work status of such employee,and comply with all of the other requirements of the Department program. If Contractor fails
to comply with any requirement of this provision or CRS §8-17.5-101 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.
11. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76.5-101.Contractor, if a
natural person eighteen(1 8) 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.
Revised May I I,11008 Page 20b of 21 HCPP LAN version,June 4.2008
RESOLUTION
RE: APPROVE CONTRACT AMENDMENT#3 FOR SINGLE ENTRY POINT AGE 'Y AND
AUTHORIZE CHAIR TO SIGN
WHEREAS,the Board of County Commissioners of Weld County, Co rado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested ith the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,the Board has been presented wit o ract : dment#3 for a Single Entry
Point Agency between the County of Weld,State of Co rado, a • through the Board of County
Commissioners of Weld County,on behalf of the Depa ent of man Services,Area Agency on
Aging, and the Colorado Department of Health licy a.• Financing, commencing July 1,
2008, with further terms and conditions being ass ted in s- d amendment, and
WHEREAS,after review,the Board db sit advi =ble to approve said amendment,a copy
of which is attached hereto and incor ate h ein b reference.
NOW,THEREFORE,BE IT S VED b the Board of County Commissioners of Weld
County, Colorado, that Contr ct Amendment for a Single Entry Point Agency, between the
County of Weld, State of Co ra y and th • gh the Board of County Commissioners of Weld
County,on behalf of the,Dep men f Huma' Services,Area Agency on Aging,and the Colorado
Department of Health a Policy and Fina cing be, and hereby is, approved.
BE IT FURTH IES LVED b he Board that the Chair be,and hereby is,authorized to
sign said amendment.
T e above and egoing R: olution was,on motion duly made and seconded,adopted by
2 the follow vote a 10th da of September, A.D., 2008, nunc pro tunc July 1, 2008.
N 4`1 IELa BOARD OF COUNTY COMMISSIONERS
,,.. WELD COUNTY, COLORADO
- r-
ATTEST: ' f♦j
` -- illiam H. Jerke, Chair
Weld County Clerk to e band ,-• * 4�
--pip\ EXCUSED
Robert.A. Masde ,-Pro-Tem
BY: �iv .i ►_I_ //- i / , / 7
Deputy Cle' . o the Board 1 ' L'
W • F. Garcia
J
APP'• . rye . M: c. ` r
David E. Long 1
tin y 'orney cna �
ug Radema er
Date of signature: y01
2008-2440
H, R0079
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