HomeMy WebLinkAbout930220.tiff RESOLUTION
RE: APPROVE CONTRACT WITH COLORADO DEPARTMENT OF SOCIAL SERVICES, OFFICE OF
CHILD CARE SERVICES, AND AUTHORIZE CHAIRMAN TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado,
pursuant to Colorado statute and the Weld County Home Rule Charter, is vested
with the authority of administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Contract between Colorado
Department of Social Services, Office of Child Care Services, and Weld County
Health Department, commencing February 8, 1993, 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 Contract between Colorado Department of Social
Services, Office of Child Care Services, and Weld County Health Department 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 8th day of March, A.D. , 1993.
//,Let
BOARD OF COUNTY COMMISSIONERS
ATTEST: , 1/ £ WEL1�,COUNTY, COLORADO
// vl/ �//�`
Weld County Clerk to the Board _2�cSG '—_ ,
��
Constance L. Harbert, Chairman
h r?�1� ) �
BY:;/ i %r ' � l 'Ky\l
Deputy Clerk to the a0ar-d\
ebs er, Pro-Tem���//
APPROVED AS 0 . ORM: W.
C nerd,
Baxter
EXCUSED
County Attorney Dale K. Hall /
X(0L{/4-4 l- 414/Barbara J. Kirkmey O
930220
H-t661fi
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Form 6-AC-02A(R 1/88)
DEPARTMENT OR AGENCY NUMBER
u44
CONTRACT ROUTING NUMBER
CC 9 3- 26y
CONTRACT
THIS CONTRACT,made this 5th day of February,1993,by and between the State of Colorado for the use and benefit of the
Department of Social Services,Office of Child Care Services,1575 Sherman Street,Denver,Colorado,hereinafter referred to as the State,
and the Weld County Board of Commissioners dba Weld County Department of Health, 1517 16th Avenue Court,Greeley, Colorado,
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 Fund Number ;u-' , G/L Account Number/`/'> ,
Contract Encumbrance Number C t'LC 9; -is 4 'and
WHEREAS,required approval,clearance and coordination has been accomplished from and with appropriate agencies;and
WHEREAS,the State is the single Colorado agency responsible for the licensing of child care facilities;and
WHEREAS,the State has the authority to contract for the inspection and investigation of facilities applying for an original or
renewal license pursuant to Section 26-6-107(2),C.RS.;and
WHEREAS,the said Section 26-6-107(2),CRS.,provides that the contractor for such services may be a county department of
health;and
WHEREAS,the State desires to enter into this Contract with the Contractor herein for the inspection and investigation of family
day care homes defined in 12 Colorado Code of Regulations(CCR)2509-8,at 7.707.1,located in Garfield County,as set forth in greater
detail below;and
WHEREAS,the Contractor has been selected in accordance with the Colorado Procurement Code;and
WHEREAS,as of the date of the execution of this Contract,the Contractor meets all statutory requirements for entering into
this Contract,
NOW THEREFORE,it is hereby agreed that:
1. The Contractor agrees to perform the following functions regarding the original licensure of daycare homes as defined
in 12 CCR 2509-8,at section 7.707.1,located in Weld County:
a. Dissemination of information regarding the licensing process,the rules governing day care homes and the
legal requirement to be licensed;
b. Compilation of all documentation for licensure required by the State;
c. Prescheduled inspection of the entire premises of prospective day care homes;
d. Investigation of the applicant and all residents and employees of the applicant's home including any
investigation required by the State to determine the suitability of the applicant and the home for licensure; and
e. Completion and timely submission of all reports and referrals required by the State.
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2. The Contractor agrees to perform the following functions regarding the renewal licensure of day care homes as defined
in 12 CCR 2509-8,at section 7.707.1,located in Weld County:
a. Dissemination of information regarding the renewal licensing process including self-certification,the rules
governing day care homes and the legal requirement to be licensed;
b. Compilation of all documentation for renewal licensure required by the State;
c. Unannounced inspection of the entire premises of day care homes,including review of all records required
to be maintained by the day care home provider,when self-certification is not legally available or in the year following self-certification;
d. Investigation of the applicant and all residents and employees of the applicant's home including any
investigation required by the State to determine the suitability of the applicant and the home for licensure; and
e. Completion and timely submission of all reports and referrals required by the State.
3. The Contractor agrees to perform the following functions related to the supervision of licensed day care homes as
defined in 12 CCR 2509-8,at section 7.707.1 located in Weld County:
a. Unannounced visitation of facilities between licensing inspections to perform a cursory review of the facility's
operation to monitor compliance with applicable laws,rules and regulations;
b. Unannouncedvisitation of facilities on probationary licenses at least quarterly between licensing inspections
as required by the State or more often as required by the probationary license;and
c. Completion and timely submission of all reports and referrals required by the State.
4. The Contractor agrees to perform the following functions related to the investigation of complaints concerning licensed
day care homes in Weld County:
a. Investigation of each and every complaint alleging or involving licensing violations regarding any licensed
day care home for which the Contractor is responsible for inspecting under the terms of this Contract. Such investigations may include
an unannounced visit to the home and conducting sufficient interviews necessary to determine if a violation has occurred. Any visit to the
facility to investigate a complaint shall be unannounced and conducted as a supervisory visit as set forth in paragraph 3 of this section.
b. Identifying information related to those persons making complaints regarding licensed day care homes shall
be kept confidential.
c. Completion and timely submission of all reports and referrals required by the State.
5. The Contractor agrees to perform the following functions related to the investigation of allegations of illegally-
operating,unlicensed day care homes:
a. Investigation of each and every complaint alleging or involving the operation of unlicensed day care home
which,if licensed,the Contractor would have the responsibility of inspecting under the terms of this Contract. Such investigation shall
include an unannounced visit to the home,interviews nerem aty to determine whether the operation is such that a license is required under
the Child Care Act,Section 26-6-101 et seq.,CRS.and the rules of the State,and issuance of a cease and desist order to those facilities
found in violation of the law.
b. Investigation into each and every facility issued a cease and desist order to insure compliance which may
include other unannounced visits to the facility,interviews and surveillance as required by the State;and
c. Completion and timely submission of all reports and referrals required by the State.
6. The Contractor agrees to submit all original reports,records and documentation regarding day care homes to the State
in a timely manner.
7. The Contractor agrees to use those forms required by the State in carrying out the functions set forth in this Contract
including,but not limited to,the Report of Inspection(CWS-47)and the Licensing Investigation Form(CWS-50).
8. The Contractor agrees to provide the licensees a copy of any reports prepared by the Contractor or its employees as
a result of any inspection or investigation done under the terms of this Contract. The Contractor further agrees to inform licensees
of their right to request a waiver of any rule which works an undue hardship on the licensee or which s/he believes has been too stringently
applied by the Contractor or the State as provided in 12 CCR 2509-8,at 7.70135.
9. The Contractor agrees that any employee acting under the terms of this Contract or his/her supervisor shall be
available to testify in any legal proceeding brought for the purposes of enforcing the Child Care Act.
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395-53-01-1014
10. The Contractor agrees that all employees of the Contractor acting under the terms of this Contract will attend the
bi-monthly full-day training sessions offered by the State and that the information provided at those sessions will be incorporated into the
procedures used to carryout the terms of this Contract.
11. The Contractor agrees to perform its obligations hereunder in conformity with the Child Care Act,other relevant state
laws and all regulations promulgated pursuant thereto;including,without limitation,the Colorado Social Services Code,Sections 26-1-101,
et seq.,C.RS.,as all the foregoing arc in effect as of the date of execution of this Contract,and as they may later be amended.
12. The Contractor shall assure that licensees and persons interested in licensure have appropriate and timely access to
services. The Contractor will facilitate the application process for interested parties and respond in a timely manner to all inquiries
regarding licensure.
13. The Contractor shall process paperwork in a timely and accurate manner to promote timely service to providers and
parents. The Contractor shall submit signed reports and assure adequate documentation to support all referrals.
14. In consideration for the services rendered in accordance with this Contract,the State shall pay the Contractor Thirteen
Thousand One Hundred Two dollars($13,102.00),to be paid to the Contractor in accordance with paragraph 23 below. All warrants
endorsed by the Contractor and presented for payment shall constitute payment in full,except when endorsed under good faith protest
pursuant to Section 4-1-207,C.R.S.
General Provisions
15. This Contract shall be for a term commencing February 8,1993 through June 30,1993 unless terminated earlier under
the provisions for termination set forth below.
16. 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
EMPLOYMENTTAXES AND INCOME TAX WITHHOLDING INCLUDING ALL FEDERAL AND STATE INCOME TAX ON ANY
MONEYS PAID PURSUANT TO THIS CONTRACT.
17. 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,records containing identifying information regarding children
and/or their families,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:
a. Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sections 2000d-1 et. sear. and its implementing
regulation,45 CF.R Part 80 et.sea. .;
b. Section 504 of the Rehabilitation Act of 1973,29 U.S.C.Section 794,and its implementing regulation,45
CF.R Part 84;
c. the Age Discrimination Act of 1975,42 U.S.C.Sections 6101 et.seat.and its implementing regulation,45
C.F.R.Part 91;
d. Title VII of the Civil Rights Act of 1964;
e. the Age Discrimination in Employment Act of 1967;
f. the Equal Pay Act of 1963;
g. the Education Amendments of 1972;
h. Immigration Reform and Control Act of 1986,P.L.99-603;
i. The Americans with Disabilities Act PL 101-336,July 1990;
and all regulations applicable to these laws prohibiting discrimination because of race,color,national origin,age,sex,religion and handicap,
including Acquired Immune Deficiency Syndrome(AIDS)or AIDS related conditions,covered under Section 504 of the Rehabilitation
Act of 1973,as amended,cited above. Included is 45 CFR 92.36(e),which requires that affirmative steps be taken to assure that small and
minority businesses are utilized,when possible,as sources of supplies,equipment,construction and services.
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.
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395-53-01-1014
18. 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.
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.
19. 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.
20. 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.
21. Insurance: The parties acknowledge that the Contractor is self-insured in accordance with the authorization provided
by Section 24-10-115(2)(a),CRS.,as amended.
THE CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED
TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR A THIRD PARTY PROVIDES SUCH
COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE
22. 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 properlyprovide the services and/or supplies covered by this Contract.
23. Billing/Payment Procedure: The State shall establish billing procedures and reimburse the Contractor for actual,
reasonable and necessary expenses incurred in providing services pursuant to this Contract,based on the submission of monthly expenditure
statements,on forms prescribed by the State.
24. Compensation/Maximum Payable: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$13,102.00 for the purchase of the within-described services. The liability
of the State,at any time,for such payments shall be limited to the unspent amount remaining of such encumbered funds.
25. 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.
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395-53-01-1014
26. 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 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.
27. Records Retention and Availability: AU 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.
28. 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,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.
29. The Contractor shall maintain a system of data collection that will assist in the evaluation of the program and the
Contactor's performance. The Contractor shall complete reports as requested by the State and cooperate with all program monitoring and
evaluation efforts by the State.
30. 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 fmal payment under this
Contract,to assure compliance with its terms and/or to evaluate the Contractor's performance hereunder.
31. 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 state or local government
auditor who meets the independence standards specified in Generally Accepted Auditing Standards;or a public accountant who meets such
standards.
32. 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 for all subcontracting arrangements and the delivery of services as set forth
in this Contract.
33. 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.
34. 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 r.Contractor
Grace Hardy Manager 12OO/0 i(41 Go'fcln,
Name Title Name Title
35. 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.
n
Dana D.Andrews,MSW rle2 vi coo in I, C o
Licensing Administrator r e-ee-L r
Nancy M.Dierker /5 7 ' /6 C-(
Compliance Administrator / rz r!r/ . (o ,& j
Office of Child Care Services
1575 Sherman Street
Denver,Colorado 80203
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395-53-01-1014
36. Litigation: The Contractor shall promptly notify the State in the event that the Contractor learns of any actual
litigation in which it is a party defendant in a case which involves services provided under this Contract. The Contractor,within five(5)
calendar days after being served with a summons, complaint, or other pleading which has been filed in any federal or state court or
administrative agency, shall deliver copies of such document(s) to the State's Executive Director. The term "litigation" includes an
assignment for the benefit of creditors,and filings in bankruptcy,reorganization and/or foreclosure.
37. Disputes: Disputes concerning the performance of this Contract which cannot be resolved by the designated contract
representatives shall be referred to a senior departmental management staff designated by the department and a senior manager designated
by the contractor. Failing resolution at that level,disputes shall be presented to the executive director and contractor chief executive officer
for resolution. Failing resolution,the contractor may exercise its rights to a due process review by the State Director of Purchasing
pursuant to Section 9-106 of the Colorado Procurement Rules.
38. 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 nerewaryservices or corrections in performance are satisfactorily
completed;
b. Request the removal from work on the contract of employee(s)and/or agent(s)of Contractor whom the
Executive Director or designee justifies as being incompetent, careless, insubordinate, unsuitable, or
otherwise unacceptable,or whose continued employment on the contract s/he deems to be contrary to the
public interest or not in the best interest of the State;
c. Deny payment or recover reimbursement for those services or deliverables which have not been performed
and which due to circumstances caused by Contractor cannot be performed or if performed would be of
no value to the State. Denial of the amount of payment shall be reasonably related to the amount of work
or deliverable lost to the State;
d. Terminate the Contract for cause without compensation for termination costs. If the State terminates the
Contract for cause,it will first give written notice to the Contractor,stating the reasons for cancellation,
procedures to correct problems,if any,and date the Contract will be canceled in the event problems have
not been corrected.
1) In the event this Contract is terminated for cause,the State will only reimburse the Contractor
for acceptable work or deliverables received to date.
2) In the event this Contract is terminated for cause, fmal 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.
39. Termination for Convenience: The State shall have the right to terminate this Contract by giving the other party thirty
(30)days prior written notice. If notice is so given,this Contract shall terminate on the expiration of the thirty(30)days,and the liability
of the parties hereunder for further performance of the terms of this Contract shall thereupon cease,but the parties shall not be released
from the duty to perform their obligations up to the date of termination.
40. 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.
41. Restrictions on Lobbying(contracts over$100,000)
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.
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395-53-01-1014
(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.
42. Debarment Certification:(contracts over$25,000)
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.
43. 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.
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Form 6-AC-02B
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 State payable after the current fiscal year are contingent upon funds for that purpose being appropriated,budgeted and otherwise
made available.
BOND REQUIREMENT
3. If this contract involves the payment of more than fifty thousand dollars for the construction,erection,repair,maintenance,or improvement of any building,
road,bridge,viaduct,tunnel,excavation or other public works for this State,the contractor shall,before entering the performance of any such work included in this
contract,duly execute and deliver to and file with the official whose signature appears below for the State,a good and sufficient bond or other acceptable surety to be
approved by said official in a penal sum not less than one-half of the total amount payable by the terms of this contract.Such bond shall be duly executed by a
qualified corporate surety,conditioned for the due and faithful performance of the contract,and in addition,shall provide that if the contractor or his subcontractors
fail to duly pay for any labor,materials,team hire,sustenance,provisions,provendor or other supplies used or consumed by such contractor or his subcontractor in
performance of the work contracted to be done,the surety will pay the same in an amount not exceeding the sum specified in the bond,together with interest at the
rate of eight per cent per 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,save and hold harmless the State,its employees and agents,against any and all claims,
damages,liability and court awards including costs,expenses,and attorney fees incurred as a result of any act or omission by the contractor,or its employees,
agents,subcontractors,or assignees pursuant to the terms of this contract.
DISCRIMINATION AND AFFIRMATIVE ACTION
5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957,as amended,and other applicable law respecting
discrimination and unfair employment practices(24-34-402.CRS 1982 Replacement Vol.),and as required by Executive Order,Equal Opportunity and 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 employee or applicant for employment because of race,creed,color,national origin,sex,marital status,
religion,ancestry,mental or physical handicap,or age.The contractor will take affirmative action to insure that applicants are employed,and that employees are
treated during employment,without regard to the above mentioned characteristics.Such action shall include,but not be limited to the following:employment,
upgrading,demotion,or transfer,recruitment or recruitment advertising;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 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 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.
(3) The 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 rules,regulations,and relevant Orders of the Governor.
(4) The contractor and labor unions will furnish all information and reports required by Executive Order,Equal Opportunity and Affirmative Action of April 16,
1975,and by the rules,regulations and Orders of the Governor,or pursuant thereto,and will permit access to his books,records,and accounts by the contracting
agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules, regulations and orders.
(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 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.
(6) A labor organization,or the employees or members thereof will not aid,abet,incite,compel or coerce the doing of any act defined in this contract to be dis-
criminatory 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.
395-53-01-1022
Revised 1/88
page�_of 9 pages
tk-r0.11OW-88
ci)ki,tire ill UK. i ct i ...Ill IIIC 1..111,11,1111101.11111....iatIM II!,( .acro I N.L r .t r .. .r. tnnn.wr
teas bCcatiOt'aleti.ICITIlill.ited r smputdetl in wt..;to to pun no ihi co t a-t mac 1, dcci.red t¢h) hl-to lunl Stmt s 11.is IS 11.4..(01d.111,C r Will,procedures.
authonced in Executive Order Equal Opponunny and Altinnat yr Action o`April It, 1975 and the rules.regula noir..or orders poi i ulfaled or accordance therewith.
and such others sanctions as may be imposed and remedies as may he invoked as provided in Executive Order.Equal Opponunn y and Affirmative Action of Apnl 16.
1975 or by rules.regulations,or orders promulgated in accordance therewith,or as otherwise provided by law
(8)The contractor will include the provisions of paragraph I I)through(8)in every sub-contract subcontractor and purchase order,pursuant to Executive Order.
Equal Opponunity and Affirmative Action of April 16.1975,so out such provisions will be binding upon each subcontractor or vendor The contractor will take such
action with respect to any sub-contracting or purchase order as the contracting agency may direct.as a means of enforcing such provisions. including sanctions for
noncompliance,provided,however.Mat in the event the contractor becomes involved in.or is threatened with.hogaumi with the subcontractor or vendor as a result
of such direction by the contracting agency.the contractor may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado.
COLORADO LABOR PREFERENCE
6a.Provisions of 8-17-101 & 102,CRS for preference of Colorado labor are applicable to this contract if public works within the State arc undertaken hereunder
and are financed in whole or in part by State funds.
b.When construction contract(or a public project is to be awarded to a bidder,a resident bidder shall be allowed a preference against a non-resident bidder from a
state or foreign country equal to the preference given or required by the state or foreign country in which the non-resident bidder vs a resident If it is determined by the
officer responsible for awarding the bid that compliance with this subsection.06 may cause denial of federal funds which would otherwise be available or would otherwise
be inconsistent with requirements of federal law,this subsection shall be suspended,bur only to the extent necessary to prevent denial of the moneys or to eliminate the
inconsistency with federal requirements(section 8-19-102.CRS)
GENERAL
7.The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation,execution and enforcement of this contract.
Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extrayudical 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 purpons
to negate this or any other special provision in whole or in pan 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:his 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 184.301,et seq.,(Bribery and Corrupt Influences)and 188-401.et.seq..(Abuse of Public Office).CRS
1986 Replacement Vol.,and that no violation of such provisions is present.
10.The signatories aver that to their knowledge.no state employee has a personal or beneficial interest whatsoever in the service or property described herein:
IN WITNESS WHEREOF,the panics hereto have executed this Contract on the day first above written.
Contractor.
SEA OF COLORA /
(Full Legal Name) WELD COUNTY, COLORADO RO MER,G V NOR
RD OF COUNTY COMMISS NERS B 2
,!/�..,•-JYJe! �4 /11/1[21,1---- 'S E..retmve D f ,QI f
Position(Tule) CHAIRMAN 03/10/93
DEPARTMENT Social Services
84-6000813 OF •
•
LoynM Nu or 11D. -
(If Ccuporationa
. ,,Dy
Attest(Seal) ::QIcS of this. ..- , have ti n signed Gy all sate
By - - ` officials required by law to approve
tA'ctIttf₹FmRmitioime]S sbr.a TO BARD contract,. r
• i'
- APPROVAL e ( C .
ATTORNEY GENERAL
By CONTROLLER
By
WELD COUNTY HEALTH/IDDEEPAR12aNT
By: 1/'
ordon, M.D., M.P.R.
Director
395.51-01.1030(Revised 5/91 I Par 9 Mich is Na Ii.of 9 p.m
'Sec rnwmnu ns ex re.rrse tin.
fist° mEmoRAnDum
,,
W I Constance L. Harbert, Chairman
Board of County Commissioners Date February 24, 1993
COLORADO From Jeannie K. Tacker, Business Manager, Weld County Health Dept
Subject: Contract for day care home inspections
Enclosed for Board approval and signature is a contract between the Colorado
Department of Social Services and the Weld County Health Department for the
inspection and investigation of day care homes in Weld County.
Weld County Health Department shall provide the dissemination of information
regarding the licensing process, compile all documentation for licensure, inspect
prospective homes and perform unannounced inspections of existing licensed homes.
For these services the Health Department will receive $13,102.00 for the period
February 8 through June 30, 1993, the term of the contract.
I would recommend your approval of this contract.
If you have any questions, please feel free to contact me.
530220
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