HomeMy WebLinkAbout931261.tiff RESOLUTION
RE: APPROVE SINGLE ENTRY POINT CONTRACT BETWEEN COLORADO DEPARTMENT OF SOCIAL
SERVICES AND AREA AGENCY ON AGING 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 Single Entry Point Contract
between Colorado Department of Social Services and Weld County Division of Human
Resources' Area Agency on Aging, commencing February 16, 1994, and ending June
30, 1994, 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 Single Entry Point Contract between Colorado
Department of Social Services and Weld County Division of Human Resources' Area
Agency on Aging 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 13th day of December, A.D. , 1993.
AA BOARD OF COUNTY COMMISSIONERS
ATTEST: q� WELD COUNTY, COLORADO
���
Weld Co nt Jerk to the Board
Constance L. Halbert, Chairman
•
BY:
U' 6U-914417
Deputy Clerk to the B- rd W. bster, Pro Tem
APPROVED AS TO FORM: I �iCc.4
Qpr eBaxt r
County Attorne
ale K. Hall
467i-ices i/c, / ..Z
!Barbara J. Kirknieyer
931261
y.Coo57
Department or Agency Number
381000
Contract Routing Number
MD 94-0252
SINGLE ENTRY POINT AGENCY CONTRACT
THIS CONTRACT, made this 16th day of February. 1994, 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 the Department and Weld County Board of Commissioners by and through the Weld
County Division of Human Resources' Area Agency on Aging, 1551 North 17th Avenue, P.O. Box 1805, 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 MD 94-0252 and for the Single Entry Point program, COFR's codes: Fund 100.
Agency UAA, Appropriation Code 175 ; and
WHEREAS, required approval, clearance and coordination have 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 Department is the designated single Colorado agency responsible for the administration of
the Medicaid program, pursuant to 26-4-104, Colorado Revised Statutes (C.R.S.), as amended, and
WHEREAS, the Department is authorized, pursuant to Sections 26-1-103(7) and 26-4-521, et. seq., C.R.S. as
amended, to contract with designated Single Entry Point agencies to serve as independent contractors for the
administration of long term care programs, and
WHEREAS, Section 26-4-522, C.R.S., as amended, provides that the Single Entry Point agency shall be
recommended by the Board of County Commissioners, and considered for approval by the Department in
accordance with the authorizing legislation, and
WHEREAS, the Board of County Commissioners of Weld County has designated the Contractor to be the
district Single Entry Point agency, and
WHEREAS, the Department has approved initial certification of the Contractor as a Single Entry Point agency,
WHEREAS, the Department desires to enter into this Contract with the Contractor herein for the
administration of the Single Entry Point program, as set forth in greater detail below, and
WHEREAS, as of the date of the execution of this Contract, the Contractor meets all statutory and regulatory
requirements for entering into this Contract,
NOW THEREFORE, it is hereby agreed that:
1. Contractor shall perform the functions of single entry point agencies as defined by sections 264-507 and 26-
4-522, C.R.S., as amended, and the applicable rules and regulations adopted by the State Board of Social
Services (hereafter referred to as "state regulations". These state regulations may be found in the Code of
Colorado Regulations (C.C.R.) at 10 C.C.R. §2505-10, and may also be found in Volume 8 of the
Department's staff manual, titled Medical Assistance.
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2. 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 laws and all pertinent federal and state regulations
promulgated pursuant thereto; including, without limitation, the Colorado Social Services Code, Section 26-1-
101, et. seq., C.R.S., as amended, and those applicable portions of the Department's Staff Manual: Volume 3,
entitled Income Maintenance," 9 C.C.R. §2503-1; Volume 5, entitled 'Finance and Accounting," 11 C.C.R.
§2508-1; Volume 7, entitled "Social Services," 12 C.C.R. §2509-1 through §2509-3; Volume 8, entitled "Medical
Assistance; 10 C.C.R. §2505-10; and Volume 10, entitled 'Services for the Aging," 12 C.C.R. §2510-1, as all
the foregoing provide on the date this Contract is executed, and as they may later be amended.
3. Contractor shall perform the functions of case management for eligible persons as defined in the state
statutes and regulations, including but not limited to intake/screening /referral, assessment of client need,
development and implementation of a care plan, on-going case management, monitoring of clients,
reassessment, and case closure.
4. Contractor shall perform all necessary administrative functions for the operation of Single Entry Point
agencies, as defined in the state statutes and regulations, including but not limited to such matters as the
following:
a. establishing a community advisory committee for the purpose of providing public input and guidance for
single entry point agency operation;
b. administering a personnel system for recruiting, hiring, evaluating, and terminating employees;
c. performing accounting tasks in compliance with all rules and regulations for accounting practices set
forth by the state department;
d. maintaining adequate liability insurance to meet the state department's minimum requirements for
contract agencies;
e. information management: collecting and reporting of summary and client specific data pertaining to
information and referral services provided by the agency, program eligibility determination, financial
eligibility determination, care planning, service authorization, resource development, and fiscal
accountability;
f. recordkeeping: maintaining client records in accordance with program requirements, including the
documentation of all case activities, the monitoring of service delivery, and service effectiveness;
g. resource development: facilitating the development of local resources to meet the long term care needs
of individuals who reside within the single entry point district served by the Contractor;
h. protecting the confidentiality of all applicant and recipient records; and
i. protecting the client's rights as defined by the state department under applicable programs.
5. Contractor shall comply with the standards as outlined in the state statutes and regulations, for the operation
of the Single Entry Point agency which include, but are not limited to the following:
a. Contractor shall afford appropriate and timely access to services for all clients and will facilitate the
application process for potentially eligible individuals and respond in a timely manner to all referrals of
eligible clients;
b. Contractor shall provide thorough assessments of care needs and resources to assure the most
appropriate targeting of all private and public long term care resources to the needs of the clients. Such
targeting shall not supplant but shall support self care, family care and other informal community care;
c. Contractor shall process paperwork in a timely and accurate manner to promote timely service to
clients;
d. Contractor shall provide accurate and timely documentation of client and agency activities; and
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e. Contractor shall not provide direct services unless a waiver is received from the State Department based
on criteria set forth in the state regulations for single entry point agencies.
6. Contractor shall provide case management functions to recipients of publicly funded long term care
programs, including, but not limited to Medicaid nursing facility care, Home and Community-Based Services
for the Elderly, Blind and Disabled (HCBS-EBD), Home and Community-Based Services for Persons Living
with AIDS (HCBS-PLWA), Home Care Allowance, Adult Foster Care, the Program for All-Inclusive Care of the
Elderly (PACE), and certain in-home services available under the federal 'Older Americans Act of 1965, as
amended'. The authorization and administration of services through a publicly funded program shall be in
accordance with the program's eligibility criteria, as defined by applicable state and federal statutes and
regulations, as they exist on the date this Contract is executed, and as they may later be amended.
7. In a contract subsequent to this initial one-year contract, the Contractor may be required to provide case
management services to persons able to pay privately for such services.
8. Contractor shall develop procedures for the transfer of clients from one county to another within the Single
Entry Point district and from one district to another in accordance with the state statutes and regulations.
9. Contractor shall provide staff who meet the qualifications set forth in the state statutes and regulations, to
perform the following functions: administrative/supervisory, and case management.
10. Contractor shall arrange for a licensed medical professional to be available to staff for consultation
regarding medical and diagnostic concerns.
11. Each year during the term of this contract, Contractor shall be considered for certification by the Department
in accordance with standards and requirements set forth in the state statutes and regulations. Decisions
about certification shall be based upon but not limited to on-site visits and other evaluation of agency
performance in the following areas: quality of services provided; compliance with program requirements,
including case management standards adopted by the Department; timeliness; performance of administrative
functions, including reasonable cost per client, timely responses, managing programs in one consolidated
unit, on-site visits to clients, community coordination and outreach, and client monitoring; targeting of
populations served; and financial accountability.
12. In accordance with procedures set forth in applicable state statutes and regulations, Contractor performance
shall be reviewed by the Department or its designee on an ongoing basis. Contractor will be notified within
30 days of the outcome of such reviews, which may result in approval, provisional approval, denial, or
termination of certification.
2. Contract General Provisions
1. Term:
The term of this Contract shall be February 16, 1994, through June 30, 1994. There is an option to renew on
an annual basis for each of the next four years under the same terms and conditions as stated in the contract.
As of the date that the parties have entered this contract, a one-year contract term corresponds to the time
period for which the Colorado Legislature has appropriated funds to operate the single entry point system.
2. Parties' Relationship:
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.
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3. Compliance with Applicable Laws:
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.IN. 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. seq. 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,
- the Immigration Reform and Control Act of 1986, P.L 99-603
- the Americans with Disabilities Act, 1991,
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. This
assurance is given in consideration of and for the purpose of obtaining any and all federal and/or state
financial assistance.
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.
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
III OM Advocacy Services.]
4. Confidentiality of Records:
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, or unless ordettd by a court of competent jurisdiction.
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.
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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 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. Proprietary Information:
a. Definition
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. 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. In the event of cancellation of any such coverage, Contractor shall immediately notify
the State of such cancellation.
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. Except as to a 'public entity described below, General Liability (PL and PD) (Minimum)
1) Combined single limit - $600,000 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
$600,000.
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). •
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6) Insurance shall include provisions preventing cancellation without 60 days prior notice by
certified mail to the State.
c. Except as to a "public entity" described below, 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.
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.
If the Contractor is a 'public entity' within the meaning of the Colorado Governmental Immunity Act, 24-10-101,
et seq.. C.R.S., amended ("Act"). Contractor shall maintain such insurance, by commercial policy or self-
insurance, as is necessary to meet Contractor's liabilities under the Act Proof of such insurance shall be
provided upon request by the State.
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 a 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 or another to
act as its agent for service of process.
9. Billing/Payment Procedure:
The State shall establish billing procedures and reimburse the Contractor 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. seq., CRS, as amended, and the State Rules for the Long
Term Care Single Entry Point System, as such statutes and rules currently exist or may hereafter be amended.
State funds shall be allocated to each Single Entry Point agency based on the number of counties in a district
and the number of clients served in community-based care programs in that district.
The Contractor shall submit monthly expenditure statements, using forms and procedures prescribed by the
State. Total compensation to the Contractor under this contract shall not exceed the limitation contained in the
General Provision entitled "Compensation/Maximum Payable."
The Contractor shall receive state and federal funds in monthly payments from the State. Allowable agency
expenditures are set forth by Federal rules, CFR Title 45, Part 74, Appendix G; Office of Management and
Budget Circular A-87 or A-122, whichever is applicable; and the U.S. Department of Health and Welfare,
December 1976, Cost Principles and Procedures for Establishing Cost Allocation Plans and Indirect Cost Rates
for Grants and Contracts with the Federal Government as indicated presently or amended in the future.
10. Compensation/Maximum Payable:
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 $58,897 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 funds. At the end of the
term of this contract, the total expenditures billed by the Contractor shall be reconciled with the total
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compensation already paid or still owed by the State, subject to the maximum encumbrance stated above.
Contractor will return any excess funds received by it to the State by August 1, 1994.
11. Federal Funds Contingency:
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.
12. Records Maintenance and Reporting:
The contractor shall maintain a complete file of all records, documents, communications, and other materials
which pertain to the operation and evaluation 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.
Contractor shall complete reports as required by the State and cooperate with all program monitoring and
evaluation efforts by the State.
13. 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, in a central location and custodian, in behalf of the State, for a period of
three (3) 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 three (3) year period, or if audit findings have not been resolved after a three (3) year period,
the materials shall be retained until the resolution of the audit findings.
14. Performance Monitoring:
Contractor shall permit the State and the U.S. Department of Health and Human Services (source of federal
funding), 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.
15. Audits and Inspections:
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 three (3) 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.
16. Single Audit Clause
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 issued 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
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state or local government auditor who meets the independence standards specified in Generally Accepted
Auditing Standards; or a public accountant who meets such standards.
All for-profit contractors shall comply with the regulations set forth for non-profit contractors.
17. Assignment/Delegation/Subcontracting:
This Contract is in the nature of purchased services on behalf of third-party clients. 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.
18. 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.
19. 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:
Dann Milne, Director Linda E. Piper, Director
Office of Lona Term Care System Development Weld County Area Agency on Aging
Name &Title Name &Title
20. 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:
Dann Milne, Director Unda E. Piper, Director
Office of Lona Term Care System Development Weld County Area Agency on Aging
Colorado Dep't of Social Services 1551 North 17th Avenue, P.O. Box 1805
1575 Sherman Street, 7th Floor Greeley. Colorado 80632
Denver, Colorado 80203-1714
21. Litigation:
The Contractor shall promptly notify the State in the event that the Contractor learns of any actual litigation in
which the Contractor 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.
22. Dispute Resolution:
Any dispute concerning performance of the contract or the provision of direct services by the Contractor
shall be resolved in accordance with the procedures set forth at section 8.024.4, entitled "APPEAL PROCESS,"
Volume 8 of the Department's staff manual, 10 C.C.R. §2505-10.
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23. 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.
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. Recover reimbursement for those functions 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 Immediately upon timely written notice without compensation for
termination costs.
1) 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.
f. Any other remedy afforded to the State at section 8.024.3, entitled 'ENFORCEMENT ACTIVITIES,"
Volume 8 of the Department's staff manual, 10 C.C.R.§2505-10, or otherwise under law.
24. Termination for Convenience:
This contract may be terminated at the convenience of either party by giving the other party sixty (60) days
prior written notice. If notice is so given, this Contract shall terminate on the expiration of the sixty (60) 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.
25. 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 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. 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
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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.
27. DEBARMENT CERTIFICATION:
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.
28. Integration of Understandings:
This Contract is intended as the complete integration of all understandings between the parties as to the
subject matter hereof. 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.
Page 10 of 12 931261
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 mom 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 duty executed by s 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 annum.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,saw 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 actor omission by the contractor,or
its employees,agents,subcontractors,or assignees pursuant to the terms of this contract.
DISCRIMINATION AND AFFIRMATIVE ACTION
6.The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as emended, 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 April 16. 1976. Pursuant thereto,the following provisions shell be contained in a0 State contracts or subcontracts.
During the performance of this contract,the contractor agrees as follows:
(al 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 advertisings: layoffs 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.
lb) 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 workers' representative of the contractor's commitment
under the Executive Order, Equal Opportunity and Affirmative Action,dated April 16. 1976, and of the rules, regulations, and relevant Orders of the
Governor.
(dl The contractor and labor unions will furnish all information and reports required by Executive Order. Equal Opportunity and Affirmative Action of
April 16, 1976, and by the reds, regulations and Orders of the Governor, or pursuant thereto, end 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 end orders.
lel 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 employes 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.
Revised 1/93
Form 6-AC-026
396-63-01-1022
931261
Page 11 of 12
(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 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 18. 1975 and the rules,regulations,or
ardent promulgated in accordance therewith, and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive
Order. Equal Opportunity and Affirmative Action. of April 18, 1976, or by rule, regulations, or orders promulgated in accordance therewith, or as
otherwise provided by law.
(hl The contractor will include the provisions of paragraph(a)through(hl in every sub-contract and subcontractor purchase order unless exempted by
rules,regulations,or orders issued pursuant to Executive Order.Equal Opportunity and Aflinnative Action of April 16. 1976. 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 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 by State funds.
b. When construction contract for a public project is to be awarded to a bidder,a resident bidder shell 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 ft is determined by the officer responsible for awarding the bid that compliance with this subsection.08 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(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. The signatories hereto aver that they are familiar with CRS 18-8-301,et seq.,(Bribery and Corrupt Influences)and CRS 16-8-401, et seq..(Abuse of
Public Office).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.
Weld County Board of Commissioners
Ca"n
"e by and through the Weld County
Inra w.rra. el Division of Human Resources' STATE OF COLORADO
427 )c '
Area-Agency ,{on Aging
ROY ROMER,GOVERNOR
By• seL. be t f7' (r --
onstance L. Hare t 2 5/93 (for) fall eeye,frtaarrere Diet"
Position(Tme) Chairman of the Board
84-6000-813
steel Sadly Mamba or fedaral I.D.Mamba DEPARTMENT
OF SOCIAL SERVICES
Of Corporation:) A A j
AttastlSe �y .
By n/{�/ ' '//,[/�/a---L01{,
Cc. m Seestey. at ewrec ed. •we/ICit rtwnty dart
APPROVALS
ATTORNEY GENERAL CONTROLLER
Br By
Form 6-AC-02C
Revised 1/93
396-63-01-1030
WELOSEPK.pp.1-12,12/2/93.
Page 12 of 12 931261
At(tozi, mEmORAnDum
Constance L. Harbert, Chairman
Weld County Board of Commissioners 12-09-93
To Date
11T-
COLORADO From
Walter J. Speckman, Executive Director Human Resources d1�
Single Entry Point Contract with Colorado Social Services
Subject:
Enclosed for the Board's approval are five copies of the contract between
the State Department of Social Services and the Weld County Board of
Commissioners by and through the Weld County Division of Human Resources'
Area Agency on Aging.
This contract will allow the Area Agency to become the Single Point of
Entry for long term care services in Weld County. Programs that will be
consolidated within the Single Entry Point include Home and Community
Based Services, Home Care Allowance, Adult Foster Care, and Certification
for Nursing Home Placement.
The term of this contract is from February 16, 1994 through June 30, 1994.
A new contract will be negotiated for the State fiscal year beginning July
1, 1994. Funding under this contract is set at $58,897.00
Please call Linda Piper at Extension 3320 if you have questions.
931261
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