HomeMy WebLinkAbout20011233.tiff RESOLUTION
RE: APPROVE CONTRACT FOR INSPECTION AND INVESTIGATION OF CHILD CARE
HOMES 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 a Contract for the Inspection and
Investigation of Child Care Homes between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, on behalf of the Weld County
Department of Public Health and Environment, and the Colorado Department of Human
Services, Division of Child Care, commencing July 1, 2001, and ending June 30, 2002, with
further terms and conditions being as stated in said contract, and
WHEREAS, after review, the Board deems it advisable to approve said contract, 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 the Contract for the Inspection and Investigation of Child Care
Homes between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Weld County Department of Public Health and
Environment, and the Colorado Department of Human Services, Division of Child Care be, and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said contract.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 9th day of May, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ataki'/ �,%'� 4 � EXCUSED
M. J. Geile, Ch it
Weld County Clerk to th 1'�`i �f( IO� _
:;a,� 1juu ll�
Glenn VaatP
BY: _ :!/i_ . •
Deputy Clerk to the Boat k ' l ' //7 Ley
W"' m H. Jerk(e?
mong
ou ty orney •
Robert D. Masden
2001-1233
HL0028
Memorandum
(it Fit " C;
TO: Mike Geile, Chairman, Boaf(-pfCounty
' Commissioners
C. DATE: May 2, 2001
COLORADO FROM: Mark E. Wallace, MD, MPH, Department
of Public Health and Environment
SUBJECT: Contract with Colorado Department of
Human Resources Concerning the Inspection
and Investigation of Child Care Homes
Enclosed for Board review and approval is a contract between the Department of Public
Health and Environment and the Colorado Department of Human Services.
Under the provisions of this contract, our staff will inspect and investigate child care
homes for licensure in State Fiscal Year 2001-02 (July 1, 2001 through June 30, 2001).
For these services, the Department will receive an amount not to exceed $81,971. This
is a $2,387 increase from last years contract.
I recommend your approval of this contact.
Enclosure
2001-1233
•
, .- '
p y
DEPARTMENT OR AGENCY NAME
HUMAN SERVICES
DEPARTMENT OR AGENCY NUMBER
IHA
ROUTING NUMBER
02-IHA- O O15 $�
CONTRACT
THIS CONTRACT,made this 27th day of February 2001,by and between the State of Colorado for the use and benefit
of the Department of Human Services, Division of Child Care, 1575 Sherman Street, Denver, Colorado, hereinafter
referred to as the State, and Weld County dba Weld County Public Health & Environment 1555 North 17th Avenue,
Greeley,Colorado, 80631,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 uncommitted balance thereof remains available for encumbering and subsequent payment of this contract
under Encumbrance Number POCCLC02O+15 g' in Fund Number 100 ,Appropriation Account
024,and Organization 4320;and
WHEREAS,required approval,clearance and coordination has been accomplished from and with appropriate agencies;
and
WHEREAS,the State is the single Colorado agency responsible for the licensing of child care facilities;and
WHEREAS, the State has the authority to contract for the inspection and investigation of facilities applying for an
original or permanent license pursuant to Section 26-6-107(2),C.R.S.;and
WHEREAS, the said Section 26-6-107(2), C.R.S., provides that the contractor for such services may be a county
department of health or county department of social services or any other publicly or privately operated organization
that has a declared interest in children and experience working with children or on behalf of children;and
WHEREAS,the State desires to enter into this Contract with the Contractor herein for the inspection and investigation
of family child care homes,as defined in 12 Code of Colorado Regulations(CCR)2509-8, at 7.707.1 et seq., located in
Weld County,as set forth in greater detail below;and
WHEREAS,the Contractor has been selected in accordance with the Colorado Procurement Code;and
WHEREAS,as of the date of the execution of this Contract,the Contractor meets all statutory requirements for entering
into this Contract,
NOW THEREFORE,it is hereby agreed that:
Page 1 of 16 pages
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4
A. Statement of Work Provisions
1. The Contractor shall perform the following functions regarding the original licensure of facilities
located in Weld County:
a. Dissemination of information regarding the licensing process,the rules governing facilities
and the legal requirement to be licensed; including dissemination of the original application
packet for family care homes.
b. Compilation of all documentation for licensure required by the State;
c. Prescheduled inspection of the entire premises of prospective facilities within 60 days of
provider's application being received in the State office.
d. Investigation of the applicant and all residents and employees of the applicant's facility
including any investigation required by the State to determine the suitability of the applicant
and the facility for licensure;and
e. Completion and submission of a typed report of inspection in a manner prescribed by the
State within two weeks of completing the inspection and receiving a response from the
provider. The report of inspection must indicate the licensing recommendation for those
licenses that are approved, information about the license type, capacity, age of children for
whom the facility is to be licensed, and any restrictions or exhibits that apply to the license;
and.
f. Completion and submission of all other reports and referrals required by the State and in a
manner prescribed by the State within two weeks of completing the inspection and
investigation and receiving a response from the provider,as required.
2. The Contractor shall perform the following functions regarding the renewal licensure of facilities
located in Weld County:
a. Dissemination of information regarding the renewal licensing process including the rules
governing facilities and the legal requirement to be licensed;
b. Compilation of all documentation for renewal licensure required by the State;
c. Initiation of the renewal process by an unannounced inspection of the entire premises of
facilities including review of all records required to be maintained by the facility;and
d. Investigation of the applicant and all residents and employees of the applicant's facility
including any investigation required by the State to determine the suitability of the applicant
and the facility for licensure;and
e. Completion of a typed report of inspection in a manner prescribed by the State within two
weeks of completing the inspection and receiving a response from the provider.
f. Completion and timely submission of all other reports and referrals required by the State
and in a manner prescribed by the State within two weeks of completing the inspection and
investigation and receiving a response from the provider,as required.
Page 2 of 16 pages
.
3. The Contractor shall perform those functions regarding the continuation of permanent licensure of
facilities located in Weld County:
a. Unannounced visitation of facilities on a permanent license to perform a review of the
facility's operation to monitor compliance with applicable laws, rules and regulations at
least once every two years or according to the time frame associated with the facility's
Department assigned risk factor outlined in Exhibit A;and
b. Completion of a typed report of inspection in a manner prescribed by the State within two
weeks of completing the inspection and receiving a response from the provider.
c. Completion and timely submission of all reports and referrals required by the State and in a
manner prescribed by the State within two weeks of completing the inspection and
investigation and receiving a response from the provider,as required.
4. The Contractor shall perform the following functions related to the supervision of licensed facilities
located in Weld County:
a. Unannounced visitation of facilities on probationary licenses at least monthly as required by
the State or as required by the probationary license;and
b. Completion of a typed report of inspection in a manner prescribed by the State within two
weeks of completing the inspection and receiving a response from the provider.
c. Completion and timely submission of all reports and referrals required by the State and in a
manner prescribed by the State within two weeks of completing the inspections and
receiving a response from the provider,as required.
5. The Contractor shall perform the following functions related to the investigation of complaints
concerning licensed facilities in Weld County:
a. Investigation of each and every complaint alleging or involving licensing violations
regarding any licensed facility for which the Contractor is responsible for inspecting under
the terms of this Contract in accordance with the time frames outlined in Exhibit B. Such
investigations may include an unannounced visit to the facility and conducting sufficient
interviews necessary to determine if a violation has occurred. Any visit to the facility to
investigate a complaint shall be unannounced and conducted as a supervisory visit as set
forth in paragraph 3 of this section. The supervisory visit shall be conducted as a general
walk through of the facility to check staff:child ratios and check for general health and
safety items.
b. Identifying information related to those persons making complaints regarding licensed
facilities shall be kept confidential according to C.R.S.,26-6-107.
c. Completion of a typed report of inspection in a manner prescribed by the State within two
weeks of completing the investigation and receiving a response from the provider, as
required.
d. Completion and timely submission of all reports and referrals required by the State and in a
manner prescribed by the State within two weeks of completing the investigation and
receiving a response from the provider,as required.
Page 3 of 16 pages
6. The Contractor shall perform the following functions related to Stage II investigations (a child care
licensing investigation following a child abuse investigation) concerning licensed facilities Located in
Weld County:
a. Review of each and every child abuse/neglect investigation involving any licensed facility
for which the Contractor is responsible for inspecting under the terms of this Contract.
b. A Stage II investigation is necessary to conclude if licensing violations have occurred.
c. Completion of the Stage II investigation in accordance with the time frames outlined in
Exhibit C.
d. Completion of a typed report of inspection in a manner prescribed by the State within two
weeks of completing the investigation and receiving a response from the provider, as
required.
e. Completion and timely submission of the entire Stage II packet required by the State and in
a manner prescribed by the State within two weeks of completing the investigation.
7. The Contractor shall perform the following functions related to the investigation of allegations of
illegally-operating,unlicensed facilities Located in Weld County:
a. Investigation of each and every complaint alleging or involving the operation of unlicensed
facilities which,if licensed,the Contractor would have the responsibility of inspecting under
the terms of this Contract. Such investigation shall include an unannounced visit to the
facility, interviews necessary to determine whether the operation is such that a license is
required under the Child Care Act, Section 26-6-101 et seq., C.R.S. and the rules of the
State, and issuance of a cease and desist order to those facilities found in violation of the
law along with a copy of an order form to obtain an application package and information
about licensing orientations available from the Colorado State Forms and Publication
Center.4200 Garfield Street,Denver,Colorado 80216-6517.
b. Investigation into each and every facility issued a cease and desist order to insure
compliance which may include other unannounced visits to the facility, interviews and
surveillance if an application is not received within forty-five days of issuance of the order
as required by the State;and
c. Completion and timely submission of all reports and referrals required by the State and in a
manner prescribed by the State.
8. The Contractor shall perform the following functions regarding the submission of negative licensing
referrals for facilities located in Weld County.
a. Compilation of all necessary documentation for a recommendation for negative licensing;
b. Initiation of the negative licensing process by completing and submitting in a timely manner
a negative licensing referral as required by the State and in a manner prescribed by the
State;
c. Unannounced visitation to facilities for which a negative licensing recommendation has
been made for suspension, revocation, or probation at least one time a month or one time
every other month;
d. Completion and submission of a typed report of inspection, in a manner prescribed by the
State,to the licensing supervisor assigned responsibility for the case immediately following
the negative licensing monitoring visit;
Page 4 of 16 pages
.
9. The Contractor shall submit all original reports,records and documentation regarding facilities to the
State in a timely manner.
10. The Contractor shall use those forms required by the State in carrying out the functions set forth in
this Contract including, but not limited to, the Report of Inspection (CWS-47), the Core Indicator
Inspection Report(DCH-CORE).
11. The Contractor shall provide the licensees a copy of any reports prepared by the Contractor or its
employees as a result of any inspection or investigation done under the terms of this Contract. The
Contractor further shall inform licensees of theft right to request a waiver of any rule which works an
undue hardship on the licensee or which s/he believes has been too stringently applied by the
Contractor or the State as provided in 12 CCR 2509-8, at 7.701.13. The Contractor further shall
provide the licensees a copy of the current State Waiver/Appeal form and to instruct the licensees to
send the form directly to the State.
12. The Contractor shall perform its obligations hereunder in conformity with the Child Care Act, other
relevant state laws and all regulations promulgated pursuant thereto; including, without limitation,
the Colorado Social Services Code, Sections 26-1-101, et seq., C.R.S., as all the foregoing are in
effect as of the date of execution of this Contract,and as they may later be amended.
13. The Contractor shall assure that licensees and persons interested in licensure have appropriate and
timely access to services. The Contractor will facilitate the application process for interested parties
and respond in a timely manner to all inquiries regarding licensure.
14. The Contractor shall process paperwork in a timely and accurate manner to promote timely service to
providers and parents. The Contractor shall submit signed reports and assure adequate
documentation to support all referrals.
15. The Contractor must employ a minimum of 1.5 full time licensing specialist or equivalent part time
licensing specialist to fulfill the requirements of this contract.
16. The Contractor agrees that any employee acting under the terms of this Contract or his/her supervisor
shall be available to testify in any legal proceeding brought for the purposes of enforcing the Child
Care Licensing Act.
17. The Contractor agrees that all employees of the Contractor acting under the terms of this Contract
will attend any required training sessions offered by the State and that the information provided at
those sessions will be incorporated into the procedures used to carry out the terms of this Contract
Page 5 of 16 pages
B. Payment/Price and Term Provisions
1. Compensation/Maximum Payable
In consideration for the services rendered in accordance with this Contract,the State shall pay the
Contractor EIGHTY ONE THOUSAND NINE HUNDRED SEVENTY ONE DOLLARS ($81,971.00)to
be paid to the Contractor in accordance with paragraph B.2.below. Payment pursuant to this Contract will
be made as earned, in whole or in part, from available state funds in an amount not to exceed$81,971.00
for the purchase of the within-described services. The liability of the State, at any time, for such payments
shall be limited to the encumbered amount remaining of such funds.
2. Billing/Payment Procedure
The State shall establish billing procedures for payment to Contractor of equal monthly payments in
consideration for Contractor providing during the term hereof services pursuant to this Contract, based
upon the submission of monthly statements, on forms prescribed by the State. The billing form prescribed
by the State is found in Exhibit D.
3. Term
The term of this contract shall be 7/1/2001 through 6/30/2002
C. Notice and Representatives
1. Representatives
For the purposes of this Contract,the individuals identified below are hereby designated representatives of
the respective parties. Either party may from time to time designate in writing a new or substitute
representative(s):
For the State: For the Contractor:
Oxana Golden,Acting Director Mark E.Wallace,MD,MPH
2. Notice
All notice required to be given by the parties hereunder shall be given by certified or registered
mail to the individuals at the addresses set forth below. Either party may from time to time
designate in writing a substitute person(s)or address to whom such notices shall be sent:
To the State: To the Contractor:
Marilyn Bernier Mark E. Wallace,MD,MPH
Deputy Licensing Administrator Director
Division of Child Care Weld County Department of Health
1575 Sherman Street 1517 16`"Avenue Court
Denver,Colorado 80203-1714 Greeley,Colorado 80631
Page6•aof 16 pages INITIALS ��
TERMINATION FOR CONVENIENCE:
A. The Contractor shall have the right to terminate this contract by giving the State at least thirty
(30) days prior written notice. If notice is so given, this contract shall terminate on the expiration
of the specified time period, and the liability of the parties hereunder for further performance of
the terms of this contract shall thereupon cease, but the parties shall not be released from the duty
to perform their obligations up to the date of termination.
Page 6.b. of 16 pages
INITIALS
•
GENERAL PROVISIONS
The following clauses apply to this contract. In some upon the continuing availability of federal funds
instances, these general clauses have been expanded for the purposes hereof. In the event that said
upon in other sections/exhibits of/to this contract. To funds, or any part thereof, become unavailable,
the extent that other provisions of the contract as determined by the State, the State may
provide more specificity than these general clauses, immediately terminate this contract or amend it
the more specific provision shall control. accordingly.
A. INDEPENDENT CONTRACTOR: THE C. Billing Procedures:The State shall establish billing
CONTRACTOR SHALL PERFORM ITS procedures and requirements for payment due the
DUTIES HEREUNDER AS AN Contractor in providing performance pursuant to
INDEPENDENT CONTRACTOR AND NOT this contact The Contractor shall comply with the
AS AN EMPLOYEE. NEITHER THE established billing procedures and requirements for
CONTRACTOR NOR ANY AGENT OR submission of billing statements. The State shall
EMPLOYEE OF THE CONTRACTOR SHALL comply with CRS 24-30-202(24) when paying •
BE OR SHALL BE DEEMED TO BE AN vendors upon receipt of a correct notice of the
AGENT OR EMPLOYEE OF THE STATE. amount due for goods or services provided
CONTRACTOR SHALL PAY WHEN DUE hereunder.
ALL REQUIRED EMPLOYMENT TAXES
AND INCOME TAX WITHHOLDING, D. Exhibits- Interpretation: Unless otherwise stated,
INCLUDING ALL FEDERAL AND STATE all referenced exhibits are incorporated herein and
INCOME TAX AND LOCAL HEAD TAX ON made a part of this contract Unless otherwise
ANY MONIES PAID PURSUANT TO THIS stated, the terms of this contract shall control over
CONTRACT. CONTRACTOR any conflicting terms in any of its exhibits.
ACKNOWLEDGES THAT THE
CONTRACTOR AND ITS EMPLOYEES ARE E. Notice and Representatives: For the purposes of
NOT- -ENTITLED -TO UNEMPLOYMENT this contract, the representative for each parry is as
INSURANCE BENEFITS UNLESS THE designated herein. Any notice required or
CONTRACTOR OR A THIRD PARTY permitted may be delivered in person or sent by
PROVIDES SUCH COVERAGE AND THAT registered or certified mail, return receipt
THE STATE DOES NOT PAY FOR OR requested,to the party at the address provided, and
OTHERWISE PROVIDE SUCH COVERAGE. if sent by mail it is effective when posted in a U.S.
CONTRACTOR SHALL HAVE NO Mail Depository with sufficient postage attached
AUTHORIZATION, EXPRESS OR IMPLIED, thereto. Notice of change of address or change or
TO BIND THE STATE TO ANY representative shall be treated as any other notice.
• AGREEMENTS, LIABILITY, OR
UNDERSTANDING EXCEPT AS F. Contractor Representations- Qualifications/
EXPRESSLY SET FORTH HEREIN. Licenses/ Approvals/Insurance: The Contractor
CONTRACTOR SHALL PROVIDE AND certifies that, at the time of entering into this
KEEP IN FORCE WORKER'S contract, it and its agents have currently in effect
COMPENSATION (AND SHOW PROOF OF all necessary licenses, certifications, approvals,
SUCH INSURANCE) AND insurance, etc. required to properly provide the
UNEMPLOYMENT COMPENSATION services and/or supplies covered by this contract
INSURANCE IN THE AMOUNTS REQUIRED in the state of Colorado. Proof of such licenses,
BY LAW, AND SHALL BE SOLELY certifications, approvals, insurance, etc. shall be
RESPONSIBLE FOR THE ACTS OF THE provided upon the State's request. Any
CONTRACTOR, ITS EMPLOYEES AND revocation, withdrawal or nonrenewal of
AGENTS. necessary license, certification, approval,
insurance, etc. required for the Contractor to
B. Federal Funds Contingencv: Payment pursuant to properly perform this contract, shall be grounds
this contract, if in federal funds, whether in for termination of this contract by the State.
whole or in part, is subject to and contingent
Version 1.1 (11/0-:)
Page 7 of 16 pages
Contractor certifies that it is qualified to perform 6. The Contractor shall provide such other
such services or provide such deliverables as insurance as may be required by law, or in a
delineated in this contract specific solicitation.
7. If the Contractor is a"public entity"within the
G. Legal Authority: The Contactor warrants that it meaning of the Colorado Governmental
possesses the legal authority to enter into this Immunity Act, C.R.S. 24-10-101, et seq. as
contract and that it has taken all actions required amended ("Act"); the Contractor shall
by its procedures, by-laws, and/or applicable law maintain such insurance, by commercial
to exercise that authority, and to lawfully authorize policy or self-insurance, as is necessary to
its undersigned signatory to execute this contract meet the Contractor's liabilities under the Act.
and bind the Contractor to its terms. The person(s) Upon request by the State, proof of such
executing this contact on behalf of the Contractor insurance shall be provided.
warrant(s) that such person(s) have full
authorization to execute this contract. I. Rights in Data. Documents and Computer
Software or Other Intellectual Property:
H. Insurance - Contractor: During the term of this All intellectual property including without
contact, and any extension(s) thereof, limitation, databases, software, documents,
Contractor agrees that it will keep in force an research, programs and codes, as well as all,
insurance policy or policies, issued by a reports, studies, data, photographs, negatives or •
company authorized to do business in Colorado, other documents, drawings or materials prepared
in the kinds and minimum amounts specified by the contractor in the performance of its
below. obligations under this contact shall be the
•
1. Standard Worker's Compensation and exclusive property of the State. Unless -_
Employers' Liability as required by state otherwise stated, all such materials shall be
statute, including occupational disease; delivered to the State by the contractor upon
•
covering all employees on or off the work site, completion, termination, or cancellation of this
acting within the course and scope of their contract. Contractor shall not use, willingly
employment. allow or cause to have such materials used for
2. General, Personal Injury, Professional (where any purpose other than the performance of the •
applicable), Automobile Liability (including contractor's obligations under this contract
bodily injury, personal injury and property without a prior written consent of the State. All
damage)with minimum coverage of, _ documentation, accompanying the intellectual
(a) Occurrence basis policy: combined single property or otherwise, shall comply with the
limit of $600,000 or Claims-Made policy: State requirements which include but is not
combined single limit of $600,000; plus an limited to all documentation being in a paper,
endorsement, certificate, or other evidence human readable format which is useable by one
that extends coverage two years beyond the who is reasonably proficient in the given subject •
performance period of the contract. area.
(b) Annual Aggregate Limit policy: Not less
•
than S1,000,000 plus agreement that the J. Proprietary Information: Proprietary information
Contractor will purchase additional insurance for the purpose of this contact is information
to replenish the limit to $1,000,000 if claims relating to a party's research, development, trade
reduce the annual aggregate below 5600,000. secrets, business affairs, internal operations and
3. The State of Colorado shall be named as an management procedures and those of its
additional insured on all liability policies customers,clients or affiliates,but does not include
(except for Professional liability coverage). information lawfully obtained by third parties.
4. The insurance shall include provisions which is in the public domain, or which is
preventing cancellation without thirty (30) developed independently.
calendar days prior written notice to the State
by certified mail. Neither party shall use or disclose directly or
5. Upon execution of this contract, the indirectly without prior written authorization any
Contractor shall provide to the State proprietary information concerning the other parry
additional insured endorsements and obtained as a result of this contract. Any
certificates of the required insurance proprietary information removed from the State's
coverage. site by the Contractor in the course of providing
services under this contract will be accorded at
Version 1.1 (11/CO) Page 8 of 16 pages
•
least the same precautions as are employed by the the records be retained for a longer period, or
Contractor for similar information in the course of until an audit has been completed with the
its own business. - following qualification. If an audit by or on
behalf of the federal and/or state government has
K. Records Maintenance. Performance begun but is not completed at the end of the three
Monitoring & Audits: The Contractor shall (3)year period,or if audit findings have not been
maintain a complete file` of all records, resolved after a three (3) year period, the
documents, communications, and other materials materials shall be retained until the resolution of
that pertain to the operation of the the audit findings.
program/project or the delivery of services under
this contract. Such files shall be sufficient to The Contractor shall permit the State, any other
properly reflect all direct and indirect costs of governmental agency authorized by law, or an
labor, materials, equipment, supplies and authorized designee thereof, in its sole
services, and other costs of whatever nature for discretion, to monitor all activities conducted by
which a contract payment was made. These the Contractor pursuant to the terms of this
records shall be maintained according to contract. Monitoring may consist of internal
generally accepted accounting principles and evaluation procedures,reexamination of program
shall be easily separable from other Contractor data, special analyses, on-site verification,
records. formal audit examinations, or any other
procedures as deemed reasonable and relevant.
The Contractor shall protect the confidentiality All such monitoring shall be performed in a
of all records and other materials containing manner that will not unduly interfere with
personally identifying information that are contact work. -
maintained in accordance with this contract.
Except as provided by law, no information in L. Taxes: The State, as purchaser, is exempt from all
possession of the Contractor about any federal excise taxes under Chapter 32 of the
individual constituent shall be disclosed in a Internal Revenue Code [No. 84-730123K] and
form including identifying information without from all state and local government use taxes
the prior written consent of Mt,pe scn in interest, [C.R.S. 39-26-114(e)end 233, ail:ended]. The
a minor's parent,guardian, or the State. The contractor is hereby notified that when materials
Contractor shall have written policies governing are purchased for the benefit of the State, such
access to, duplication and dissemination-of, all exemptions apply except that in certain political
such information and advise its agents, if any, subdivisions the vendor may be required to pay
that they are subject to these confidentiality sales or use taxes even though the ultimate
requirements. The Contractor shall provide its product or service is provided to the State. These
agents, if any,with a copy or written explanation sales or use taxes will not be reimbursed by the
of these confidentiality requirements before State.
access to confidential data is permitted.
M. Conflict of Interest: During the term of this
• The Contractor authorizes the State, the federal contract, the Contractor shall not engage in any
government or their designee, to perform audits business or personal activities or practices or
and/or inspections of its records, at any maintain any relationships which conflict in any
reasonable time, to assure compliance with the way with the Contractor fully performing his/her
state or federal government's terms and/or to obligations under this contract.
evaluate the Contractor's performance. Any
amounts the State paid improperly shall be Additionally, the Contractor acknowledges that,
immediately returned to the Stare or may be in governmental contracting, even the
recovered in accordance with other remedies. appearance of a conflict of interest is harmful to
the interests of the State. Thus, the Contractor
All such records, documents, communications, agrees to refrain from any practices, activities or
and other materials shall be the property of the relationships which could reasonably be
State unless otherwise specified herein and shall considered to be in conflict with the Contractor's
be maintained by the Contractor, for a period of fully performing his/her obligations to the State
three (3) years from the date of final payment or under the terms of this contract,without the prior
submission of the final federal expenditure report written approval of the State.
under this contract, unless the State requests that
'Version 1 ' ?CX) Page 9 of 16 pages
In the event that the Contractor is uncertain • Section 504 of the Rehabilitation Act of 1973,
whether the appearance of a conflict of interest 29 U.S.C.794,as amended, and implementing
may reasonably exist, the Contractor shall regulation 45 C.F.R. Part 84;
submit to the State a full disclosure statement • Titles VI & VII of the Civil Rights Act of
setting forth the relevant details for the State's 1964,42 U.S.C.2000(d)&(e);
consideration and direction. Failure to promptly • The Personal Responsbility and Work
submit a disclosure statement or to follow the Opportunity Reconciliation Act of 1996, 42
State's direction in regard to the apparent conflict USC 604a, PL 104-193. See also State
shall be grounds for termination of the contract. Executive Order D 015 00;
• Title DC of the Education Amendments of
Further, the Contractor shall maintain a written 1972,20 U.S.C. 1681 et seq.;
code of standards governing the performance of • The Uniform Administrative Requirements
its agent(s) engaged in the award and for Grants and Cooperative Agreements to
administration of contracts. Neither the State and Local Governments (Common
Contractor nor its agent(s) shall participate in the Rule),at 45 CFR,Part 92;
selection, or in the award or administration of a • Office of Management and Budget Circulars
contract or subcontract supported by Federal A-87, A-21 or A-122, and A-102 or A-110,
funds if a conflict of interest, real or apparent, whichever is applicable..
would be involved. Such a conflict would arise • The Hatch Act (5 USC 1501-1508) and Civil
when:
1. The employee,officer or agent; Service Reform Act, Public Law 95-454
Section 4728.
2. Any member of the employee's immediate • Departments of Labor, Health and Human
family; Services,and Education and Related Agencies
3. The employee's partner;or Appropriations Act, 1990, PL 101-166,
which 4. An organization which employees, or is about Section 511.
to employ,any of the above, • 45 CFR Subtitle A, Department of Health and
has a financial or other interest in the firm
Human Services regulations.
nor selected for award. Neither the Contractor nor • All state and localand non-profit
• .its....agent(?) will solicit nor accept gni'.'^ governments
favors, or anything of monetaryvalue from organizations receiving more than $300,000
Contractor's potential contractors, or parties to from all funding sources, that are defined as
subagreements. federal financial assistance for single audit
purposes, shall comply with the audit
N. Conformance with Law: The Contractor and its requirements of OMB Circular A-128 (Audits
agent(s) shall at all times during the term of this of State and Local Governments) or A-133
contract strictly adhere to all applicable federal (Audits of Institutions of Higher Education
laws, state laws, Executive Orders and and Other Non-profit Organizations), •
implementing regulations as they currently exist whichever applies.
and may hereafter be amended. Without
• limitation, these federal laws and regulations O. Discrimination: The Contractor during the
nclude: performance of this contract shall:
• Age Discrimination Act of.1975, 42 U.S.C. 1. not discriminate against any person on
mplement rag the basis of race, color, national origin, age,
Section 6101 et seq. and its
regulation,45 C.F.R.Part 91; sex, religion and handicap, including
• Age Discrimination in Employment Act of Acquired Immune Deficiency Syndrome
1967,29 U.S.C. 621 et seq.; (AIDS)or AIDS related conditions.
• Americans with Disabilities Act of 1990 2. not exclude from participation in, or deny
(ADA),42 U.S.C. 12101 et seq.; benefits to any qualified individual with a
disability,by reason of such disability.
• The Drug Free Workplace Act of 1988, 41 Any person who thinks he/she has been
U.S.C.701 et seq.; discriminated against as related to the
• Equal Pay.Act of 1963,29 U.S.C.206; performance of this contract has the right to
• Immigration Reform and Control Act of 1986, assert a claim, Colorado Civil Rights Division,
8 U.S.C. 1324b; C.R.S.24-34-302,et seq.
• Pro-Children Act of 1994, 20 U.S.C. 6081 et
seq.;
Page -10 of 16 pages
Version 1.1 (11/0C)
� r
P. Criminal Background Check: Pursuant to C.R.S. found in this contract. Substantial failure to
27-1-110 and Department of Human Services satisfy the scope of work shall be defined to
Policy VI.2.4, any independent contractor, and mean substantially insufficient, incorrect or
its agent(s), who is designated by the Executive improper activities or inaction by the Contractor.
Director or the Executive Director's designee to Without limitation,the State has the right to:
be a contracting employee under C.R.S. 27-1- 1. withhold payment until performance is
110, who has direct contact with vulnerable cured,
persons in a state-operated facility, or who 2. require the vendor to take necessary action
provides state-funded services that involve direct to ensure that the future performance
contact with vulnerable persons in the vulnerable conforms to contract requirements,
person's home or residence, shall: 3. request removal of a Contractor's agent from
1. submit to a criminal background check, and contract work,
2. report any arrests,charges,or 4. equitably reduce the payment due the vendor
summonses for any disqualifying offense as to reflect the reduced value of the services
specified by C.R.S.27-1-110 to the State. performed,
Any Contractor or its agent(s),who does not 5. recover payment for work that due to the
comply with C.R.S.27-1-110 and DHS Policy Contractor cannot be performed or would be
VI-2.4,may,at the sole discretion of the State, of no value to the State,
be suspended or terminated. 6. modify or recover payments(from payments
under this contract or other contracts •
Q. Litigation: The Contractor shall within five (5) between the State and the vendor as a debt
calendar days after being served with a due to the State) to correct an error due to
summons, complaint, or other pleading which omission, error, fraud and/or defalcation,
has been filed in any federal or state court or 7. terminate the contract.
administrative agency notify the State that it is a
parry defendant in a case which involves services These remedies in no way limit the remedies
provided under this contract. The Contractor available to the State in the termination provisions
shall deliver copies of such document(s) to the of this contract, or remedies otherwise available at
State's Executive Director. The term "litigation" law.
includes an assignment for the benefit of
creditors, and-- filings in bankruptcy, T. Termination:
reorganization and/or foreclosure. I. Termination for Default: The State may
terminate the contact for cause. If the State
R. Disputes: Except as herein specifically provided terminates the contract for cause, it will first
otherwise, disputes concemitig the performance give ten (10) days prior written notice to the
of this contract which cannot be resolved by the Contractor, stating the reasons for
designated contract representatives shall be cancellation,procedures to correct problems,
referred in writing to a senior departmental if any, and the date the contract will be
management staff designated by the department terminated in the event problems have not
and a senior manager designated by the been corrected. In the event this contract is
Contractor. Failing resolution at that level, terminated for cause, the State will only
disputes shall be presented in writing to the reimburse the Contractor for accepted work
Executive Director and the Contractor's chief or deliverables received up to the date_of
executive officer for resolution. This process is termination. In the event this contract is
not intended to supersede any other process for terminated for cause, final payment to the
the resolution of controversies provided by law. Contractor may be withheld at the discretion
of the State until completion of final audit.
S. Remedies: Acceptance is dependent upon Notwithstanding the above, the Contractor
completion of all applicable inspection may be liable to the State for the States
procedures. The State reserves the right to damages. If it is determined that the
inspect the goods and/or services provided under Contractor was not in default then such
this contract at all reasonable times and places. termination shall be treated as a termination
The Executive Director of the State or her/his for convenience as described herein.
designee may exercise the following remedial 2. Termination for Convenience: The State
actions should s/he find the Contractor shall have the right to terminate this contract
substantially failed to satisfy the scope of work by giving the Contractor at least twenty (20)
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Page 11 of 16 pages
1 ,
days prior written notice. If notice is so d. the costs of settling claims arising out of
given, this contract shall terminate on the the termination of subcontracts or
expiration of the specified time period, and orders, not to exceed 30 days pay for
the liability of the parties hereunder for each subcontractor
further performance of the terms of this e. reasonable accounting, legal, clerical,
•
contact shall thereupon cease, but the and other costs arising out of the
parties shall not be released from the duty to termination settlement.
perform their obligations up to the date of In no event shall reimbursement under this
termination. clause exceed the contract amount reduced
3. Immediate Termination: This contract is by amounts previously paid by the State to
subject to immediate termination by the the Contractor.
State in the event that the State determines
that the health, safety, or welfare of persons U. Venue: The parties agree that venue for any action
receiving services may be in jeopardy. related to performance of this contract shall be in
Additionally, the State may immediately the City and County of Denver,Colorado.
Terminate this contract upon verifying that
the Contractor has engaged in or is about to V. Understanding of the Parties: This contract
participate in fraudulent or other illegal acts. is intended as the complete integration of all
4. Termination for Financial Exigency: The understandings between the parties.No prior
State shall have the right to terminate this or contemporaneous addition, deletion, or
contract for financial exigency by giving the other amendment hereto shall have any force •
Contractor at least thirty (30) days prior or effect whatsoever, unless embodied
written notice. For the purposes of this herein in writing. No subsequent novation,
provision, a financial exigency shall be a renewal, addition, deletion, or other
determination made by the Colorado amendment hereto shall have any force or
legislature or its Joint Budget Committee effect unless embodied in a written contract
that the financial circumstances of the State executed and approved pursuant to the State
are such that it is in the best interest of the Fiscal Rules.
State to terminate this contract. If notice if •
such termination is so given, this contract To the extent that this contract may be executed
shall terminate on the expiration of the time and performance of the obligations of the parties
period specified in the notice,—and the may be accomplished within the intent of the
liability of the parties hereunder for further contract, the terms of this contract are severable,
performance of the terms of this contract and should any term or provision hereof be
shall thereupon cease, but the parties shall declared invalid or become inoperative for any
not be released from the duty to perform reason, such invalidity or failure shall not affect
their obligations up to the date of the validity of any other term or provision
termination. hereof.
8. In the event that the State terminates this
•
contract under the Termination for Except as herein specifically provided otherwise,
Convenience or Termination for Financial it is expressly understood and agreed that this
Exigency provisions, the Contractor is contract shall inure to the benefit of and be
entitled to submit a termination claim within binding upon the parties hereto and: their
ten (10) days of the effective date of respective successors and assigns. All rights of
termination. The termination claim shall action relating to enforcement of the terms and
address and the State shall consider paying conditions shall be strictly reserved to the State
the following costs: and the named Contractor. Nothing contained in
a. the contract price for performance of this agreement shall give or allow any claim or
work,which is accepted by the State, up right of action whatsoever by any other third
to the effective date of the termination. person. It is the express intention of the State
b. reasonable and necessary costs incurred and the Contractor that any such person or entity,
in preparing to perform the terminated other than the State or the Contractor, receiving
portion of the contract services or benefits under this agreement shall be
c. reasonable profit on the completed but deemed an incidental beneficiary only.
undelivered work up to the date of
term inati on
Page 12 of 16 pages
Version :.1 (I1'T)
•
The waiver of any breach of a term hereof shall
not be construed as a waiver of any other term,
or the same term upon subsequent breach.
The State and the Contractor's obligations under
this contract shall survive following termination or
expiration to the extent necessary to give effect to
the intent and understanding of the parties.
Except as herein specifically provided otherwise,
the duties and obligations of the Contractor
arising hereunder cannot be assigned, delegated,
subgranted or subcontracted except with the
express prior written consent of the State. The
subgrants and subcontract permitted by the
State shall be subject to the requirements of this
contract. The Contractor is responsible for all
subcontracting arrangement, delivery of
services, and performance of any subgrantor or
subcontractor. The Contractor warrants and
• agrees that any subgrant or subcontract,resulting
from its performance under the terms and
conditions of this contract,shall include a _
•
provision that the said subgrantor or
subcontractor shall abide by the terms and
conditions hereof. Also, the Contractor warrants
and agrees that all subgrants or subcontract shall
include a provision that the subgrantor or
.. • subcontractor shall irrientnif and hold l'a^n!^«
the State. The subgrantors or subcontractors
must be-Certified to work on any equipment for
which their services are shtained.
Page 13 of 16 pages
Version 1.1 (11/OG)
T es' a& ovuion ar"entire ,ucaT u7e 3- o Sera a n eye: 'S'tafe'contrdd.'
•
inch: *siSrnk`
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 of Colorado 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 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
the State official who will sign the contract, 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 upon the 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 or fails to pay any person who supplies rental machinery, tools, or equipment in the prosecution of the work 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 is executed, delivered and filed, no claim in favor of the Contractor arising under such
contract shall be audited, allowed or paid. A certified or cashier's check or a bank money order payable to the Treasurer of
the State of Colorado may be accepted in lieu of a bond. This provision is in compliance with CRS 38-26-106.
INDEMNIFICATION
4. To the-extent authorized by law, 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 incurred as
a result of any act or omission by the Contractoc._or its employees, agents, subcontractors, or assignees pursuant to the terms
of this contract.
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 (CRS 24-34-402), and as required by
Executive Order, Equal Opportunity and Affirmative Action, dated August 1987. Pursuant thereto, the following provisions
shall be contained in all State contracts or subcontracts.
During the performance of this contract, the Contractor agrees as follows:
(a) 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 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.
(b) 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.
(c) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining
agreement or other contract or understanding, notice to be provided by the contracting officer, advising the labor union or
•
Version 1.1 (11/00) _
Colorado Deparunst:of Human Services
Gonna Management
Page 14 of 16 pages
•
t •
• workers' representative of the Contractor's commitment under the Executive Order, Equal Opportunity and Affirmative
• • Action, dated August 1987, and rules, regulations, and relevant Orders of the Governor.
(d) The Contractor and labor unions will furnish all information and reports required by Executive Order, Equal
Opportunity and Affirmative Action of August 1987, 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 the office of the Governor
or his designee for purposes of investigation to ascertain compliance with such rules regulations and orders.
(e) 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 work opportunity because of race, creed, color, sex, national origin, or ancestry.
(f) 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 provision 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.
(g) 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 canceled, terminated or suspended in whole or in pan 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 August 1987and 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 Orders,
Equal Opportunity and Affirmative Action of August 1987, or by rules, regulations, or orders promulgated in accordance
therewith, or as otherwise provided by law.
•
(h)The Contractor will include the provisions of paragraphs (a) through(h) in every subcontract and subcontractor purchase
order unless exempted by rules, regulations, or orders issued pursuant to Executive Order, Equal Opportunity and
Affirmative Action of August 1987, so that such provisions will be binding upon each subcontractor 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
6a. Provisions of CRS 8-17-101 & 102 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 be State funds.
b. When a construction contract for a public project is to be awarded to a bidder, a resident bidder shall be allowed a
preference against a eon-resident bidder hem a State or tot orgn country equal to the preference given or required by the State=
or foreign country in which the non-resident bidder is a resident. If it is determined by the officer responsible for awarding the
bid that compiance with this subsection .06 may cause denial of federal funds which would otherwise be available or would
otherwise be inconsistent with requirements of Federal law, this subsection shall be suspended, but only to the extent necessary
to prevent-denial of the moneys or to eliminate-ME-inconsistency with Federal requirements (CRS 8-19-101 and 102).
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.
8. At all times during the performance of this contract, the Contractor shall strictly adhere to all applicable federal and State
laws, rules, and regulations that have been or may hereafter be established.
9. Pursuant to CRS 24-30-202.4 (as amended), the State Controller may withhold debts owed to State agencies under the
vendor offset intercept system for: (a) unpaid child support debt or child support arrearages; (b) unpaid balance of tax,
accrued interest, or other charges specified in Article 22, Title 39, CRS; (c) unpaid loans due to the Student Loan Division of
the Department of Higher Education; (d) owed amounts required to be paid to the Unemployment Compensation Fund; and
(e) other unpaid debts owing to the State or any agency thereof, the amount of which is found to be owing as a result of final
agency determination or reduced to judgment as certified by the controller.
10. The signatories aver that they are familiar with CRS 18-8-301, et. seq., (Bribery and Corrupt Influences)and CRS 18-8-
401, et. seq., (Abuse of Public Office), and that no violation of such provisions is present.
Version 1.1 (11/03)
Page 15 of 16 pages
• • 11. The signatories aver that to their lmowledge, no State employee has any personal or beneficial interest whatsoever in the
service or property described herein:
IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day first above written.
Contractor: (Full Legal Name) STATE OF COLORADO
Weld County Board of Commissioners "
BILL OWENS, GOVERNOR
By: U' Dry
Typed Name: Glenn Vaad '�,\ EXECUTIVE DIRECTOR
Position(Title): Chair Ptotem 05 _'-x'..101)
If Corporation:) ;/ / / �� � � La DEPARTMENT OF HUMAN SERVICES
Attest(S ) ` !)
By: J t
Deputy Clerk to t B..
84-6000-813 ® fig�y`,�
SaciJ Smnvy Humber Federal tOmufimuim Hunter 'a v
APPROVALS: ttn
•
ATTORNEY GE STATE CONTROL i FR Arthur L.Barnhart -
•
By • Byt4G1
WE® 9@UNTY OFFAUTMFNT 9F
PUBLIC HEALTH AND ENVIRONMENT _.
By: ok(l 40.Qroi
Mark E. Wallace, MD, MPH-Director
Version 1.1 (11/00)
Page 16 of 16 pages
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