HomeMy WebLinkAbout910553.tiff RESOLUTION
RE: APPROVE HCBS-EBD/HOBS-PLWA CASE MANAGEMENT CONTRACT AMENDMENTS BETWEEN
STATE DEPARTMENT OF SOCIAL SERVICES AND WELD COUNTY DIVISION OF HUMAN
RESOURCES 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 (HCBS) , Elderly, Blind and Disabled (EBD) , and People Living with AIDS
(PLWA) Case Management Contract Amendments between the State Department of Social
Services and the Weld County Division of Human Resources, commencing July 1,
1991, and ending June 30, 1993, 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 HCBS-EBD/HCBS-PLWA Case Management Contract Amendments
between the State Department of Social Services and the 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 26th day of June, A.D. , 1991.
�G-i 4BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld County Clerk to the Board
l• c
Gord . Lac ,airman
By: z
Deputy Clerk to the Boa Geo Kennedy, Pro-Tem
APPROVED A rib FORM:
Constance L. Harbert
647 County Attorney C. W. Kirby .
4_2W
W. H. Webster
910553
7//
r MEMORAnDum
IIIlkTo Board of County Commissioners Date June 21, 1991
COLORADO
D Walter J. Speckman, Executive Director, Weld County Human Resources
O From
Subject: Case Management, Home and Community Based Services (HCBS) Contract
Amendments
Enclosed are the amendments that relate to the new program called
People Living with Aids (PLWA) .
The amendments include the following:
* HCBS-PLWA program, page 2, numbers 1 and 2
* Liability insurance/fidelity coverage, page 5, number 7
* Information on foreign corporations, page 6, number 8, paragraph 2
* Correct the amount of encumbered state funds, page 6, number 9
* Audits and inspections, page 7, number 15
* Restrictions on lobbying, page 9, number 27
* Debarment, suspension and voluntary exclusion, page 10, number 28.
Contract Dates: July 1, 1991 to June 30, 1993
The fiscal changes that occur with these amendments do not directly
effect Human Resources Department.
' 10553
fie DO44
Form 6-AC-O2A (R 1/88)
Department or Agency Number
381000
Contract Routing Number
Amends MD MD91-712 -
HCBS-EBD/HCBS-PLWA
CASE MANAGEMENT CONTRACT
f
THIS CONTRACT, made this >T4 day of L.A tr'c 1991, 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 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 in, Contract
Encumbrance Number ; and 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 26-4.5-101 et. seq., C.R.S., as amended, as an alternative to nursing home or hospital
placement for eligible persons, and
WHEREAS, the said Sections 26-4.5-101 et. sea., C.R.S., as amended, 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 county(s) have designated Contractor to
be the county case management agency, and
WHEREAS, the State desires to enter into this amended Contract with the Contractor herein for the
implementation of home and community based services for persons living with HIV/AIDS program, and
WHEREAS, the State desires to enter into this amended 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
,foceatering into this Contract;.- . - -
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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 26-4.5-101 _al sea. of the C.R.S. as amended, found in the Colorado Code of Regulations at 10
CCR 2505-1O. 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 rare 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.
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) respite care services, 1) intensive supervision of foster
2) non-medical transportation, care children with AIDS
3) home modification, or ARC.
4) electronic monitoring services.
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 at sea., C.R.S., as amended, 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 h, other public programs as appropriate. The Contractor
will follow the LTC program targeting guidelines as established by the State or as amended 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. •
1 °C.—Q.»
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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 g.;gg., C.R.S., as amended, 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., as amended.
GENERAL PROVISIONS
1. This Contract shall be for a term commencing July 1, 1991 and continuing through June 30, 1993 unless
terminated earlier under the provisions for termination set forth with the contract.
2. Except as herein specifically provided otherwise, 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. Contractor
will be solely and entirely responsible for its act 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
withholding on any monies paid pursuant to this contract.
3. Compliance with Applicable Laws:
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. The Contractor acknowledges that the following laws and regulations are included:
• Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sections 2000d-1 et. and its implementing
regulation, 45 C.F.R. Part 80 et.,seq.; and
• Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Section 794, and its implementing
regulation, 45 C.F.R. Part 84; and
♦ the Age Discrimination Act of 1975, 42 U.S.C. Sections 6101 et. and its implementing regulation, 45
C.F.R. Part 91; and
• Title VII of the Civil Rights Act of 1964; and
♦ the Age Discrimination in Employment Act of 1967; and
• the Equal Pay Act of 1963; and
♦ the Education Amendments of 1972,
♦ Immigration Reform and Control Act of 1986, P.L 99-603; and
♦ Waiver of Section 1915(c) and 1902(a)10 of the Social Security Act;
• 26.4.5-101 et seq., C.R.S. 1982, as amended;
• CDSS Staff Manual, Volume 8;
♦ 42 CFR 441.300-310, 42 CFR 435.726;
91 055c?
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• 27-1-114 C.R.S.. 1982, as amended;
and all other regulations applicable to these laws prohibiting discrimination because of race, color,
national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age, 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 Part 74
Appendix G 9, 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. This assurance is given in consideration of and for the purpose of obtaining any and all
federal and/or state financial assistance.
b. 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 and
Human Services, Office for Civil Rights.
c. Contractor assures that clients' rights will be protected. Contractor further assures that clients have
the right to apply for services, to have their eligibility for services determined, to receive an
adequate quantity and quality of the services for which they are eligible, to appeal denials of service,
and to have their communications with the agency dealt with confidentially. The Contractor will
notify each client of his/her rights to appeal, and will facilitate appropriate access to advocacy
services from the Colorado Long Term Care Ombudsman, Adult Protective Services, other
supportive Services, and the Area Agency on Aging/Title ill OAA Advocacy Services.
4. Confidentiality of Records:
Contractor shall protect the confidentiality of all applicant/recipient records and other materials that have
been or may hereafter be established which relate to this contract and 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
goveming 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.
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.
5. Conflict of Interest:
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 tern, of the contract neither the Contractor nor any of the contractor's employees shall
enter any third party relationship that gives the appearance of creating a conflict of interest. Upon
teaming 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.
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6. Proprietary Information:
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. Proprietary Information
Neither party shall use or disclose directly or indirectly without prior written authorization any
proprietary information conceming 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. Liability Insurance/Fidelity Coverage - Contractor:
During the term 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 24-10-101,.gt sea., C.R.S., as amended): the state shall be
issued certificates as an additional insured.
a. Standard Workman's Compensation and Employer's Liability
1) As required by State statue including occupational disease, covering all employees at the work
site.
b. General Liability (PL and PD) (Minimum)
1) Combined single limit - $500,000 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
$500,000.
4) State of Colorado to be named as additional insured on each comprehensive general liability
policy.
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 $500,000 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. _ (�,qq (� .F,
Step.➢7 )
_. _ -page 5 of 12-
e. professional liability insurance, for all licensed professionals providing services in their professional
capacity, in an amount no less than $150,000 for injury to one person in any single occurrence,
and, no less than $500,000 for an injury to two or more persons in any single occurrence; or
f. if contractor is a public entity within the meaning of Section 24-10-103(5) C.R.S. as amended,
contractor may self insure by appropriation to establish or maintain reserves for self insurance
purposes, or by a combination of b, c and a above, so long as minimum dollar limits set forth in b,
c and a are in force at all times, in accordance with Section 24-10-101 sea., C.R.S., as now or
hereafter amended. Such self-insurance shall be established and maintained in accordance with
Section 24-10-101 _gt,, sea., C.R.S. as now or hereafter amended.
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.
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. Licenses/approvals/insurance: 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.
Contractor further certifies that, if foreign corporation, it currently has a Certificate of Authority to do
business in Colorado issued from the Colorado Secretary of State naming the Secretary of State to act as
its agent for 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 $8.116.357 for the purchase of the within-described services. It is
further understood and agreed that the maximum amount of state funds available for EBD and PLWA
services for Fiscal Year 1992 for the purchase of these services statewide is in the amount of $3.928.537.
Estimated amount of state funds for EBD and,PLWA services for Fiscal Year 1993 is in the amount of
$4,187,820. The liability of the State, at any time, for such payments shall be limited to the unspent
amount remaining of such encumbered funds.
10. Federal Funds Contingency: Payment pursuant to this Contract, if in federal funds, whether in whale 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. Records Maintenance: 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 tabor, 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. Records Retention and Availability: All such records, documents, communications, and other materials
shall be the property of the State and shall be maintained by the Contractor, for a period of six (6) years
after the date of termination of 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.
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13. The Contractor shall maintain a system of data collection that will assist in the evaluation of the program
and the agency's performance. Contractor shall complete reports as requested by the State (Including but
not limited to monthly PETI reports) and cooperate with all program monitoring and evaluation efforts by
the State.
14. Performance Monitoring: Contractor shall permit the State and the U.S. Department of Health and 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, surveys and information requests, 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.
15. Audits and Inspections: All non-profit contractors, cooperating state agencies and county governments
receiving more than $25,000 per fiscal year in federal funds shall comply with the requirements for audit as
established by the U.S. Office of Management and Budget Circular Number A-128 and A-133 for obtaining
financial and compliance audits. The standards to be followed may also be found in the Standards for
Audit of Governmental Organizations, Programs, Activities and Functions insured by U.S. General
Accounting Office, 1988 Revision, or the Guidelines for Audits of Federal Awards to Non-profit
Organizations (April 1989) published by the Department of Health and Human Services. For purposes of
state and local governmental agencies, the term independent auditor means a state or local government
who meets the independence standards specified in Generally Accepted Auditing Standards; or a public
accountant who meets such standards.
The 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 termination of this
Contract to assure compliance with its terms and/or to evaluate the Contractor's performance hereunder.
16. Assignment/Delegation/Subcontracting: 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 and liable for all subcontracting arrangements and the delivery of services as set
forth in this Contract.
17. Successors: 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.
-page 7 of 12-
18. 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:
David West Linda Piper
Director of Programs Weld County Division of Human Resources, AAA
Medical Services
Name and Title Name and Title
19. Notice: All notices 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:
Diana Huerte Linda Piper
Kathy Vandenbos Weld County Division of Human Resources, AAA
Colorado Department of Social Services P.O. Box 1805
Medical Services 1551 North 17th Avenue
1575 Sherman Street, 5th Floor Greeley, Colorado 80632
Denver, Colorado 80203-1714
20. Litigation: The Contractor shall promptly notify the State in the event that the Contractor learns of any
actual litigation in which it is a parry defendant in a case which involves services provided under this
Contract. The Contractor, within six (6) 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.
21. Remedies: The Executive Director of the State or designee may exercise the following 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 as defined by the Colorado Department of Social Services. 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 or of substantial reduced value to the State because they do
not meet standards for timeliness, completeness, or accuracy, as determined by the State as set
forth by provisions in State Rules. Denial of the amount of payment shall be reasonably related
to the amount of work or deliverable lost to the State;
d. Impose fiscal sanctions pursuant to agency rules for failure to strictly adhere to all applicable
federal and state laws and implementing regulations as they currently exist and may hereafter be
amended;
e. Terminate the Contract as described in Sections 23 and 24.
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22. Termination for Cause: 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. 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.
23. Termination for Convenience: Either party shall have the right to terminate this Contract by giving the
other parry thirty (30) days 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.
24. Restrictions on Lobbying: 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.
25. Debarment, suspension and voluntary exclusion: Certification for Contracts. Grants. Loans and
Cooperative Agreements
The contractor certifies to the best of its knowledge and belief that it and its principals:
1) The prospective lower tier participant certifies, by submission of this contract, that neither it nor its
principals is presently debarred, declared ineligible, or voluntarily excluded from participation in this
contract by any federal debarment 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.
The above certification applies to and is required in all contracts insured by this Department which include
federal funds and are in excess of $25,000.00.
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26. Severability: 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 arty 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.
27. Any dispute concerning the performance of duties, payments, or interpretations of the contract may be
submitted by either party in writing pursuant to the PROVIDER APPEALS AND HEARINGS procedure
section of State Rules.
28. Integration of Understandings: 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.
y -13-23,, ,'5
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Form li-St'-rr_rR -
SPECIA.L PROVISIONS
CONTROLLER'S APPROVAL
I. 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
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2. Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated,budgeted and otherwise
male availabk,
BOND REQUIREMENT
3. Wthis contract invol the payment of more outer than fifty thousand dollars for the construction,erection,repair,maintenance,or improvement of any building,
road,bridge,viaduct,tunnel, public worts for this State,the contractor shall,before entering the contract duly execute artd deliver to and file wall the official whose perforrnanceo(aoy eracce table surety
in this
approved by said official in hose signature appears for the
Sternsa good and sufficientaSuch bond
other acceptablesurety[obi
penal sum not less thin one-half of the teal amount payable by the terms of this contrast$arch bond shall be duly executed by a
qualified corporate surety.conditioned for the due and faithful performance pfttgcontract.and in addition,shall fart to duly pay for any labor,materials,team hire-sustenance, provide thou the ntraattor or his subcontractors
performance of the work �ss�'prove amount
not exceeds gthused sum specified
by such contractor or hehissubcontractor e cottvacitd lo be done.the surety will pay the same m en amnpnmt not exceeding the sum speed in the bond.together with interest at the
raleofeigla percent per annum.Unless such bond,when so required,is exeaaed,delivered and filed,=claim in favor of the contractor arising under this contract
shall be audited,allowed or
paid.
A certified
with Bcashier's cheek or a bank moneyorderpayable to the Treasurerof the State of Colorado may be accepted in lieu of
bad Thor p 106 CRS.as amended.
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INDEMNIFICATION
4, To the extent authorized by law,the contractor shall indemnify,save and hold harmless the State,is 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 Affirma-
tive Action,dated April 16, 1975-Pursuant thereto. the following provisions shall be contained in all State contracts or sub-contracts.
During the performance of this contract,the contractor agrees as follows:
(1) The contractor will not discriminate against any employ ce yr applicant for employment because of race,creed,color,national origin,sex,marital status,
religion.ancestry,mental or physical handicap,or age.The contrattor 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 apprcnuceship.The contractor agrees to post in conspicuous places,available to employees and applicants for employment notices to be pro-
vided by the contracting officer setting forth provisions of this non-discrimination clause.
(2) The contractor will,in all solicitations or advertisements for employees placed ha•Cron behalf of the contractor,state that all qualified applicants will receive
consideration for employment without regard to'race,erred.coke,national origin,sex,marital status,religion,ancestry,mental or physical handicap,or
age.
13) Th<contractor will send to each labor union or representative of workers with which he has collective bargaining agreement or other contract or understand-
ing,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 mks,regulations,and relevant Orders of the Governor.
fat The contractor and labor unions will furnish all information and reports required by Executive Order,Equal Opportunity and Affirmative Action of April l 6.
1975,and by the Ivies,regulations and Orders of the Governor,or pursuant thereto,and will permit access to his books,agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such records,
co ants d orders the .
(5) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization,or expel any such individual
from memoership 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.
i 0) A iabor 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 dis-
ctimvr •t- et ohstrta or prevent any person from complying with the provisions of this contract or any order issued thereunder,or attempt either directly or
mdrerly, to commit any act defined in this contract to be discriminatory.
sys.13 01-1022
!tensed 1/88 npage_of_pages
'q • ♦ 'y Dc10-2306a•88
^..614.11 J',._t)
Font: 6-AC-02C
(7) In the event of the contractor's non-compliance with the nondiscrimination clauses of this contraaor or with any of such rules,regulations,or orders,this
contract may be cancelled,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 April 16,1975 and the rules,regulations,or orders promulgated
in accotdance therewith,and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order.Equal Opportunity and
Affirmative Aaron of April 16, 1975,or by rules, regat,tions,or orders promulgated in accordance therewith. or as otherwise provided by law.
(8) The contractor will include the provisions ofpuagraph(I)through(8)in every sub-contract and subcontractor purchase order unless exempted by rules.
regulations,or orders issued 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•means of enforcing such provision&including sanctions for npo-mopliaoee;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 convector may request the State
of Colorado to enter into such !ideation to protect the interest of the Site of Colorado.
COLORADO LABOR PREFERENCE
6a. ?milking of&17.101 dt 102,CRS for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereun-
der and are financed in whole or in pan by State funds.
b. When construction contract for a public project is to be avrarded to a bidder,■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 deter-
mined by the officer responsible for awarding the bid that compliance with this subsection.06 may CRUM denial of federal funds which would otherwise be avail-
able or vrould otherwise be inconsistent with requirements of federal In,this subsection:hail be suspended,but only to the extent necessary to prevent denial of
the moneys or to eliminate the inconsistency with federal requirements(section 8-19-101 wad 102,CRS).
GENERAL
7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the inserpreution,execution and enforcement of this
contract.Any provisica of this contract whether or not incorporated herein reference which by provides for arbitration by anY extra-judicial body or person or
which is otherwise in conflict with said laws,mks 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 err availabk 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.
S. At all times during the pertunnance of this Contract,the Convector shall stricdy adhere to all applicable federal and state let,s.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 Officel.
CRS 1978 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, fhe parties hereto have executed this Contract on the day first above wrinen.
Contractor
(Full Legal Name) Weld County STATE OF COLORADO
_ Board of Co sioners ROY ROMER, GOVERNOR
f y
tors EXECUTIVE DIRECTOR
Position(Toe) Gordon E. acy, Chairman
84-6000813
s«w Secuntyy ttheitter Or Fedora l.D. Number
//��//,A��/6,,/26/91 DEPARTMENT SOCIAL SERVICES
(If Corporation:) �d� ,!
Arcot ;S...r
72,
G
2thatarathataw Xdraittwenskiitthmccwthant0 Board
APPROVALS
ATTORNEY GENERAL CONTROLLER
By By
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