HomeMy WebLinkAbout930509.tiff RESOLUTION
RE: APPROVE HOME AND COMMUNITY BASED SERVICES CASE MANAGEMENT CONTRACT WITH
COLORADO DEPARTMENT OF SOCIAL SERVICES AND AUTHORIZE CHAIRMAN 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 Home and Community Based
Services Case Management Contract between Colorado Department of Social Services
and Weld County Division of Human Resources, commencing July 1, 1993, and ending
June 30, 1994, with the 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 Home and Community Based Services Case Management
Contract between Colorado Department of Social Services and Weld County Division
of Human Resources be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman 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 14th day of June, A.D. , 1993.
F BOARD OF COUNTY COMMISSIONERS
1' I/, //A
ATTEST: A 1 AA..1��__ WELD COUNTY, COLORADO
Weld County Clerk to the Board 492Z4nae v'�'�-L44,e_
/ 1r� Constance L. Harbe t, Chairman
BY: it�4-C¢�✓'—f
Deputy Cler to the Boat„, W. Webstero Tez(Z7�
APPROVED AS TO FORM: k_- � .!
;/Georg E. Baxte
�/n O,71 County Attorney Dale K.AQA/LAL
Barbara J. Kirkm yer
930509
Form 6-AC-02A (R 1/88) n ' •
Department or Agency Number
381000
Contract Routing Number
MD94-2661
HCBS-EBD/HCBS-PLWA
CASE MANAGEMENT CONTRACT
THIS CONTRACT, made this day of 1993, by and between the State of Colorado for the use and benefit of
the Department of Social Services, 1575 Sherman, Denver, Colorado 80203-1714 hereinafter referred to as the State or
Social Services, and Weld County Board of Commissioners dba Weld County Division of Human Resources, AAA, P.O. Box 1805,
1551 North 17th Avenue, Greeley, Colorado 80632 hereinafter referred to as the contractor.
WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and a
sufficient unencumbered balance thereof remains available for payment for EBD and PLWA program, COFR's codes: Fund
100 , Agency UAA, Appropriation Code 175 ; and
WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and
WHEREAS, the State has established a Colorado Medical Assistance Program in order to participate in Title XIX of the
Social Security Act (Medicaid), and
WHEREAS, the State is the single Colorado agency responsible for the administration of the Medicaid program, and
WHEREAS, the State has received waiver authorization from the U,S. Department of Health and Human Services
(hereinafter HHS) to establish and conduct a program of Home and Community Based Services in accordance with Sections
26-4-601 et. seq., C.R.S., as an alternative to nursing home or hospital placement for eligible persons, and
WHEREAS, the said Sections 26-4-601 et. is g,, C.R.S., provide that the Case Management Agency for such services shall
be an agency designated by the board of county commissioners, and
WHEREAS, the Board of County Commissioners of Weld county(ies) have designated Contractor to be the county case
management agency, and
WHEREAS, the State desires to enter into this Contract with the Contractor herein for the implementation of home and
community based services for the elderly, blind and disabled, and for persons living with HIV/AIDS program, and
WHEREAS, the State desires to enter into this contract with the Contractor herein for the provision of case
management services, as set forth in greater detail below, and
WHEREAS, the State has designated the Contractor to certify and contract with certain qualifying individual
independent contractors, and
WHEREAS, the State agrees that the contractor need not provide the services described herein when insufficient funds
have been appropriated to pay the contractor for those services, and
WHEREAS, 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:
1. Contractor shall perform the following functions of Case management services as defined within the Colorado
Department of Social Services Rules and Regulations which implement Medicaid Program Sections 26-4-101 et. sea.
of the C.R.S., found in the Colorado Code of Regulations at 10 CCR 2505-10. These rules and regulations may
also be found in the Colorado Department of Social Services Staff Manual Volume 8, titled Medical Assistance,
hereinafter referred to as State Rules, These functions of case management services for eligible persons, shall
include assessment of client need, development and implementation of a case plan, coordination and monitoring
of service delivery that assures adequate, quality, and safety of service provisions, the evaluation of service
effectiveness and the reassessment of client need.
The following services are The following services are
for Elderly, Blind & Disabled (EBD): for Persons Living with AIDS (PLWA):
1) personal care services, 1) private duty nursing services,
2) homemaker services. 2) adult day care,
3) respite care services, 3) intensive supervision of foster
4) non-medical transportation, care children with AIDS
5) home modification, or ARC,
6) electronic monitoring services. 4) personal care and homemaker services.
7) adult day care.
Page 1 of 8 930509
2. Contractor may perform the following functions of certification, performance monitoring, and reimbursement of
independent contractors as, defined in State Rules:
The following services are The following services are
for EBD: for PLWA:
1) Electronic monitoring 1) Intensive supervision of foster care children with AIDs or ARC
2) Home modification
3) Nonmedical transportation
Certification decisions shall be made in strict compliance with State regulations as they currently exist and
may later be amended.
3. Contractor agrees to perform its obligations hereunder in conformity with the provisions of Title XIX of the
Social Security Act, other relevant federal and state law and all pertinent federal and state regulations
promulgated pursuant thereto; including, without limitation, the Colorado Social Services Code, Sections 26-1-
101 et. sea., 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.
4. The Contractor shall assure that clients have appropriate and timely access to services. The Contractor will
facilitate the application process for potentially eligible individuals and respond in a timely manner to all
referrals of eligible clients. The Contractor shall provide thorough assessments of care needs and resources
to assure the most appropriate targeting of all private and public Long Term Care (LTC) resources to the needs
of the clients. Such targeting shall not supplant but shall support self-care, family care and other informal
community care. This targeting shall include directing clients to non-publicly funded programs when possible
and to other public programs as appropriate. The Contractor will follow the LTC program targeting guidelines
as established by the State or thereafter.
5. The Contractor shall process paperwork (as specified in State Rules) in a timely and accurate manner to promote
timely service to clients and timely payment of provider claims. Contractor shall submit signed claims and
assure adequate documentation to support all Medicaid claims. Such claim forms shall specify the dates of claim
coverage, patient identification, type and units of services and billed amounts.
6. In consideration for the services rendered in accordance with this Contract, the State shall establish billing
procedures and compensate Contractor in accordance therewith within thirty (30) days of receipt of correct
billings, if all billing and reporting requirements have been satisfactorily met.
The Contractor shall be reimbursed by the State in such amounts as may from time to time be specified by the
State pursuant to applicable federal and state statutes and regulations, including the Colorado Medical
Assistance Act Section 26-4-101 et. sue., C.R.S., and the Reimbursement Methods for Case Management services,
of the State Rules, as such statutes and rules currently exist or may hereafter be amended.
a) In the event that an error in claims payment is made by the Fiscal Agent, adjustment shall be made pursuant
to the procedures established by the Fiscal Agent on behalf of the State, and as stated in State Rules.
b) All warrants endorsed by Contractor and presented for payment shall constitute payment in full, except when
endorsed under good faith protest pursuant to Section 4-1-207, C.R.S..
GENERAL PROVISIONS
1. The term of this Contract shall be July 1, 1993 through June 30. 1994.
2. The parties of this Contract intend that the relationship between them contemplated by this Contract is that of
employer-independent contractor. No employee or agent of Contractor shall be or shall be deemed to be an employee
or agent of the State and shall have no authorization, express or implied, to bind the State to any agreements,
settlements, liability or understanding except as expressly set forth herein. Contractor will be solely and entirely
responsible for its acts and the acts of its employees, agents, and subcontractors, if any, during the performance
of this Contract. CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX WITHHOLDING INCLUDING
ALL FEDERAL AND STATE INCOME TAX ON ANY MONEYS PAID PURSUANT TO THIS CONTRACT.
3. a. The Contractor shall at all times during the execution of this Contract strictly adhere to all applicable
federal and state laws and implementing regulations as they currently exist and may hereafter be amended. This
includes protection of the confidentiality of all applicant/recipient records, papers, documents, tapes and any other
materials that have been or may hereafter be established which relate to this Contract. The Contractor acknowledges
that the following laws are included:
- Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sections 2000d-1 et. seg. and its implementing regulation. 45
C.F.R. Part 80 et. sec .;
- Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Section 794, and its implementing regulation, 45 C.F.R. Part
84;
- the Age Discrimination Act of 1975. 42 U.S.C. Sections 6101 et. ssyc. and its implementing regulation. 45 C.F.R. Part
91;
- Title VII of the Civil Rights Act of 1964; and
- the Age Discrimination in Employment Act of 1967; and
Page 2 of 8 94305(;9
- the Equal Pay Act of 1963; and
- the Education Amendments of 1972,
- Immigration Reform and Control Act of 1986, P.L. 99-603
- The Americans with Disabilities Act PL 101-336, July 1990,
and all regulations applicable to these laws prohibiting discrimination because of race, color, national origin, age,
sex, religion and handicap, including Acquired Immune Deficiency Syndrome (AIDS) or AIDS related conditions, covered
under Section 504 of the Rehabilitation Act of 1973, as amended, cited above. Included is 45 CFR 92.36(e), which
requires that affirmative steps be taken to assure that small and minority businesses are utilized, when possible,
as sources of supplies, equipment, construction and services.
b. This assurance is given in consideration of and for the purpose of obtaining any and all federal and/or state
financial assistance.
c. Any person who feels that s/he has been discriminated against has the right to file a complaint either with the
Colorado Department of Social Services or with the U.S. Department of Health & Human Services, Office for Civil
Rights.
4. Contractor shall protect the confidentiality of all applicant/recipient records and other materials that are
maintained in accordance with this Contract. Except for purposes directly connected with the administration of this
Program/Project, no information about or obtained from any applicant/recipient in possession of Contractor shall be
disclosed in a form identifiable with the applicant/recipient without the prior written consent of the
applicant/recipient or a minor's parent or guardian. Contractor shall have written policies governing access to,
duplication and dissemination of, all such information. Contractor shall advise its employees, agents and
subcontractors, if any, that they are subject to these confidentiality requirements. Contractor shall provide its
employees, agents and subcontractors, if any, with a copy or written explanation of these confidentiality
requirements before access to confidential data is permitted.
5. a. Definition - Appearance of Conflict of Interest
The term applies to the relationship of a contractor with the state when the contractor also maintains a
relationship with a third party and the two relationships are in opposition. In order to create the appearance of
a conflict of interest, it is not necessary for the contractor to gain from knowledge of these opposing interests.
It is only necessary that the contractor know that the two relationships are in opposition.
b. Appearance of Conflict of Interest
During the term of the contract the contractor shall not enter any third party relationship that gives the
appearance of creating a conflict of interest. Upon learning of an existing appearance of a conflict of interest
situation, the contractor shall submit to the State a full disclosure statement setting forth the details that create
the appearance of a conflict of interest. Failure to promptly submit a disclosure statement required by this
paragraph shall constitute grounds for the State's termination, for cause, of its contract with the contractor.
6. a. Definition - Proprietary Information
Proprietary information for the purposes of this contract is information relating to a party's research,
development, trade secrets, business affairs, internal operations and management procedures and those of its
customers, clients or affiliates, but does not include information (1) lawfully obtained from third parties, (2) that
which is in the public domain, or (3) that which is developed independently.
b. Neither party shall use or disclose directly or indirectly without prior written authorization any proprietary
information concerning the other party obtained as a result of this contract. Any proprietary information removed
from the State's site by the Contractor in the course of providing services under this Contract will be accorded at
least the same precautions as are employed by the Contractor for similar information in the course of its own
business.
7. During the tern of this Contract, and any extension(s) hereof, Contractor agrees that it will keep in force an
insurance policy or policies, issued by a company authorized to do business in Colorado, in the minimum amounts
specified below (per 24-10-114 (1)(b), et. leg., C.R.S., as amended): the state shall be issued certificates as an
additional insured.
a. Standard Workman's Compensation and Employers' Liability
1) As required by State statute including occupational disease, covering all employees at the work site.
b. General Liability (PL and PD) (Minimum)
1) Combined single limit - $600,000 (effective 1/1/93) written on an occurrence basis.
2) Any aggregate limit will not be less than $1 million.
3) Contractor must purchase additional insurance if claims reduce the annual aggregate below $600,000.
4) State of Colorado to be named as additional insured on each comprehensive general liability policy.
93050)9
Page 3 of 8
5) Certificate of insurance to be provided to the State (within 10 working days after receipt of award).
6) Insurance shall include provisions preventing cancellation without 60 days prior notice by certified mail
to the State.
c. Automobile Liability (Minimum)
1) Contractor to carry a minimum of $600,000 combined single limit auto insurance.
d. Additional coverage may be required in specific solicitations.
If workman's compensation insurance is carried by the Colorado Compensation Insurance Authority, evidence of such
coverage shall be submitted on its Certificate of Insurance Form; if by private carrier, on Certificate of
Insurance, State Form SC-6.222. Evidence of Bodily Injury and Property Damage Coverage may be submitted on State
Form SC-6.222, Part B.
e. For licensed professionals providing services in their professional capacity, professional liability insurance
in an amount not less than $150,000 for any injury to one person in any single occurrence, and, no less than
$600,000 for an injury to two or more persons in any single occurrence.
Upon request, the contractor shall provide the State with acceptable evidence that such coverage is in effect. In
the event of cancellation of any such coverage, Contractor shall immediately notify the State of such cancellation.
If Contractor is a public entity within the meaning of Section 24-10-103 (5) C.R.S., as amended, the parties
acknowledge that the Contractor may self-insure in accordance with the authorization provided by Section 24-10-115
(2) (a), C.R.S., as amended.
THE CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS
UNLESS THE CONTRACTOR OR A THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE
PROVIDE SUCH COVERAGE.
8. a. Contractor certifies that, at the time of entering into this Contract, it has currently in effect all necessary
licenses, approvals, insurance, etc. required to properly provide the services and/or supplies covered by this
Contract.
b. Contractor further certifies that, if a foreign corporation, it currently has a Certificate of Authority to do
business in Colorado issued from the Colorado Secretary of State designating a registered agent in Colorado to accept
service of process.
9. Payment pursuant to this Contract will be made as earned, in whole or in part, from available state funds encumbered
in an amount not to exceed $1.269.300 for the purchase of the within-described services. The liability of the State,
at any time, for such payments shall be limited to the unspent amount remaining of such encumbered funds.
10. Payment pursuant to this Contract, if in federal funds, whether in whole or in part, is subject to and contingent
upon the continuing availability of federal funds for the purposes hereof. In the event that said funds, or any
part thereof, become unavailable as determined by the. State, the State may immediately terminate this Contract
or amend it accordingly.
11. The contractor shall maintain a complete file of all records, documents, communications, and other materials which
pertain to the operation of the program/project or the delivery of services under this Contract. Such files shall
be sufficient to properly reflect all direct and indirect costs of labor, materials, equipment, supplies and
services, and other costs of whatever nature for which a contract payment was made. These records shall be
maintained according to generally accepted accounting principles and shall be easily separable from other
Contractor records.
12. All such records, documents, communications, and other materials shall be the property of the State and shall be
maintained by the Contractor, in a central location and custodian, in behalf of the State, for a period of six
(6) years from the date of final payment under this Contract, or for such further period as may be necessary to
resolve any matters which may be pending, or until an audit has been completed with the following qualification:
If an audit by or on behalf of the federal and/or state government has begun but is not completed at the end of
the six (6) year period, or if audit findings have not been resolved after a six (6) year period, the materials
shall be retained until the resolution of the audit findings.
13. Contractor shall permit the State and the U.S. Department of Health & Human Services, and any other duly authorized
agent or governmental agency, to monitor all activities conducted by the Contractor pursuant to the terms of this
Contract. As the monitoring agency may in its sole discretion deem necessary or appropriate, such monitoring may
consist of internal evaluation procedures, examination of program data, special analyses, on-site checking, formal
audit examinations, or any other reasonable procedures. All such monitoring shall be performed in a manner that
will not unduly interfere with contract work.
14. Contractor authorizes the State to perform audits and/or inspections of its records at any reasonable time during
the term of this Contract and for a period of six (6) years following the date of final payment under this
Contract, to assure compliance with its terms and/or to evaluate the Contractor's performance hereunder.
15. All non-profit contractors, cooperating state agencies, and county governments receiving more than $25,000 per
Page 4 of 8 9305(119
accountant who meets such st :rds.
16. This Contract is in the nature of personal services. Except as herein specifically provided otherwise, the duties
and obligations of the Contractor arising hereunder cannot be assigned, delegated nor subcontracted except with
the express prior written consent of the State. Subcontracts permitted by the State shall be subject to the
requirements of this Contract, and the Contractor is responsible for all subcontracting arrangements and the
delivery of services as set forth in this Contract.
17. Except as herein specifically provided otherwise, this Contract shall inure to the benefit of and be binding upon
the parties hereto and their respective successors and assigns.
18. Representatives:
a. 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:
Gary Nation, Administrative Officer Linda E. Piper, Director, Area Agency on Aging
Name Title Name Title
b. 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:
Gary Nation, Administrative Officer Eva Jewell, Coordinator, CareLink
Community Health Programs Area Agency on Aging
1575 Sherman St, 5th floor P.O. Box 1805
Denver, CO 80203-1714 Greeley, CO 80632
19. The Contractor shall promptly notify the State in the event that the Contractor learns of any actual litigation
in which it is a party defendant in a case which involves services provided under this Contract. The Contractor,
within five (5) calendar days after being served with a summons, complaint, or other pleading which has been filed
in any federal or state court or administrative agency, shall deliver copies of such document(s) to the State's
Executive Director. The term "litigation" includes an assignment for the benefit of creditors, and filings in
bankruptcy, reorganization and/or foreclosure.
20. Disputes concerning the performance of this Contract which cannot be resolved by the designated contract
representatives shall be referred to a senior departmental management staff designated by the department and a
senior manager designated by the contractor. Failing resolution at that level, disputes shall be presented to
the executive director and contractor chief executive officer for resolution. Failing resolution, the contractor
may exercise its rights to a due process review by the State Director of Purchasing pursuant to Section 9-106 of
the Colorado Procurement.Rules.
21. The Executive Director of the State or designee may exercise the fallowing remedial actions should s/he find the
Contractor substantially failed to satisfy the scope of work found in this Contract. Substantial failure to
satisfy the scope of work shall be defined to mean incorrect or improper activities or inaction by Contractor.
These remedial actions are as follows:
a. Withhold payment to Contractor until the necessary services or corrections in performance are satisfactorily
completed;
b. Request the removal from work on the contract of employee(s) and/or agent(s) of Contractor whom the Executive
Director or designee justifies as being incompetent, careless, insubordinate, unsuitable, or otherwise
unacceptable, or whose continued employment on the contract s/he deems to be contrary to the public interest
or not in the best interest of the State;
c. Deny payment or recover reimbursement for those services or deliverables which have not been performed and which
due to circumstances caused by Contractor cannot be performed or if performed would be of no value to the State.
Denial of the amount of payment shall be reasonably related to the amount of work or deliverable lost to the
State;
d. Terminate the Contract for cause without compensation for termination costs. If the State terminates the
Contract for cause, it will first give written notice to the Contractor, stating the reasons for cancellation,
procedures to correct problems, if any, and date the Contract will be canceled in the event problems have not
been corrected.
1) In the event this Contract is terminated for cause, the State will only reimburse the Contractor for
acceptable work or deliverables received to date.
Page 5 of 8 930509
State;
d. Terminate the Contract for cause without compensation for termination costs. If the State terminates the
Contract for cause, it will first give written notice to the Contractor, stating the reasons for cancellation,
procedures to correct problems, if any, and date the Contract will be canceled in the event problems have not
been corrected.
1) In the event this Contract is terminated for cause, the State will only reimburse the Contractor for
acceptable work or deliverables received to date.
2) In the event this Contract is terminated for cause, final payment to the Contractor may be withheld at the
discretion of the State until completion of final audit.
e. Incorrect payments to the Contractor due to omission, error, fraud, and/or defalcation shall be recovered from
the Contractor by deduction from subsequent payments under this Contract or other contracts between the State
and the Contractor, or by the State as a debt due to the State or otherwise as provided by law.
22. The State shall have the right to terminate this Contract by giving the other party thirty (30) days prior written
notice. If notice is so given, this Contract shall terminate on the expiration of the thirty (30) days, 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.
23. Certification for Contracts. Grants, Loans and Cooperative Agreements
The Contractor certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid by or on behalf of the contractor, to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer
or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Contract,
and the extension, continuation, renewal, amendment, or modification of any contract, grant, loan or cooperative
agreement that utilizes federal funds.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of congress, an officer or
employee of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the
contractor shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying", in accordance with
its instructions.
(3) The contractor shall require that the language of this certification be included in the award documents for
subawards at all tiers (including subcontracts, subgrants and contracts under grants. loans, and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made
or entered into. Submission of the certification is a prerequisite for making or entering into this transaction
imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
24. Certification for Contracts, Grants, Loans and Cooperative Agreements
As required by Executive Order 12549, the Contractor certifies to the best of its knowledge and belief as follows:
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion---Lower Tier Participant
(1) The prospective lower tier participant certifies, by submission of this contract, that neither it nor its
principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from participation in this transaction by any Federal department or agency.
(2) Where the prospective lower tier participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this contract.
"Lower Tier Participant" is defined to include the Contractor and its principals, agents and subcontractors who are
obligated to perform services pursuant to the terms of this contract. Contractor agrees that it will include,
without modification, the above Certification clause in any such subcontract it may enter.
25. To the extent that this Contract may be executed and performance of the obligations of the parties may be
accomplished within the intent of the Contract, the terms of this Contract are severable, and should any term or
provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not
affect the validity of any other term or provision hereof. 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.
26. This Contract is intended as the complete integration of all understandings between the parties. No prior or
contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless
embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall
have any force or effect unless embodied in a written contract executed and approved pursuant to the State Fiscal
Rules.
Form 6-AC-028
9305(119
Page 6 of 8
SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
1. This Contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado
or such assistant as he may designate. This provision is applicable to any contract involving the payment of money by the State.
FUND AVAILABILITY
2. Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being
appropriated, 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 works for this State, the
contractor shall, before entering the performance of any such work included in this contract, duly execute and deliver to and
file with the official whose signature appears below for the State, a good and sufficient bond or other acceptable surety to be
approved by said official in a penal sum, not less than one-half of the total amount payable by the terms of this contract. Such
bond shall be duly executed by a qualified corporate surety, conditioned for the due and faithful performance of the contract,
and in addition, shall provide that if the contractor or his subcontractors fail to duly pay for any labor, materials, team hire,
sustenance, provisions, provendor or other supplies used or consumed by such contractor or his subcontractor in performance of
the work contracted to be done, the surety will pay the same in an amount not exceeding the sum specified in the bond, together
with interest at the rate of eight per cent per amen. Unless such bond, when so required, is executed, delivered and filed, no
claim in favor of the contractor arising under this contract shall be audited, allowed or paid. A certified or cashier's check
or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is
in compliance with 38-26-106 CRS as amended.
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 contractor, 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 (24-34-402. CRS 1982 Replacement Vol.), and
as required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975. 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 shell 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 collective bargaining
agreement or other contract or understanding, notice to be provided by the contracting officer, advising the labor union or
workers' representative of the contractor's commitment under the Executive Order, Equal Opportunity and Affirmative Action,
dated April 16, 1975, and of the 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 April 16, 1975, 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 of 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 provisions 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.
'S
9a�(150ft
Pace 7 of 8
Form 6-AC-02C
(g) In the event of the Contractor's non-compliance with the non-discrimination c.euses of this Contract or with any of such
rules, regulations, or orders, this Contract may be cancelled, terminated or suspended in whole or in part and the Contractor
may be declared ineligible for further State contracts in accordance with procedures, authorized in Executive Order, Equal
Opportunity and Affirmative Action, of April 16, 1975 and the rules, regulations, or orders promulgated in accordance
therewith, and such other sanctions may be imposed and remedies as may be invoked as provided in Executive Order, Equal
Opportunity and Affirmative Action, of April 16, 1975, or by rules, regulations, or orders promulgated in accordance
therewith, or as otherwise provided by law.
(h) The Contractor will include the provisions of paragraph (1) through (8) in every sub-contract, subcontractor, and
purchase order, pursuant to Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, so that such
provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any
subcontracting 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 8-17-101 & 102, CRS, for preference of Colorado tabor are applicable to this contract if public works within
the State are undertaken hereunder and are financed in whole or in part by State funds.
b. When construction contract for a public project is to be awarded to a bidder, a resident bidder shall be allowed a
preference against a non-resident bidder from a state or foreign 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 compliance with this subsection .o6 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 the inconsistency with federal requirements (section 8-19-102, CRS).
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. The signatories hereto aver that they are familiar with 18-8-301, et seq., (Bribery and Corrupt Influences) and 18-8-401,
et seq., (Abuse of Public Office), CRS 1986 Replacement Vol., and that no violation of such provisions is present.
10. The signatories aver that to their knowledge, no state employee has a 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) Weld County Board of Commissioners dba STATE
OF C
GOV
ERNOR ROY FR
Weld unty Division of Human Resour es, AM
X (142'S,n4LAJ JXT Adel-a."-- By
06/16/93 (for) Karen Beye, Acting Executive Director
Position (Title) X CHAIRMAN
x 84-6000813
Federal IA). Number DEPARTMENT
OF SOCIAL SERVICES
(If Corporation:) j J it///0/ cuell
Attest al) ' . V//
County lerk
TO THE BO APPROVALS
ATTORNEY GENERAL CONTROLLER
By By
395-53-01-1030(Revised 1/88)
Page 8 of 8 9305g9
mtmoRAnDuni
T.WIlDConstance L. Harbert, Chairman
Weld County Board of Commissionm4 June 14, 1993 COLORADO From Walter J. Speckman, Executive Director, Human Resources l
II 'n/\ >
SubjeoJbome and Community Based Services Contract for FY 93/94 V
Enclosed for signature are three (3) copies of the Home and Community
Based Services contract between Weld County Division of Human Resources
and the State Department of Social Services.
This contract will allow Human Resources to provide case management
services to approximately 100 frail elderly who qualify for the State
Medicaid Nursing Home Diversion Waiver Program.
Human Resources will be reimbursed by Medicaid, at $6.30 per unit (15
minutes) of case management time.
If you have further questions, please telephone Linda Piper at 353-3816,
extension 3320.
93CSC9
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