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RESOLUTION
RE: APPROVE HOME AND COMMUNITY BASED SERVICES CONTRACT WITH STATE
DEPARTMENT OF SOCIAL SERVICES AND AUTHORIZE CHAIRMAN TO SIGN
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs o£ Weld County, Colorado, and
WHEREAS, the Board has been presented with a Home and
Community Based Services Contract with the State Department of
Social Services, and
WHEREAS, the term of said Contract is from July 1 , 1990,
through June 30, 1993, with the further terms and conditions being
as stated in said Contract, and
WHEREAS, after study and review, the Board deems it advisable
to approve said Contract, a copy of which is attached hereto and
incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Home and
Community Based Services Contract with the State Department o£
Social Services 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 18th day of
June, A.D. , 1990 .tfiBOA OF COUNTY COMMISSIONERS
ATTEST: ��J WE OUNTY,, C RADO
�
Weld County erk and Recorder hi � ti______
and Clerk to the Board Gene R. Brantne�r, airman
C BY;\ /ry-)2c�t,Q , ,�ca eorg Kennedy, Pro-Tem
Deputy County lerk
EXCUSED
APPROVED AS TO FORM: Constance L. Harbert
_) w EXCUSED
�' e C.W. Kirb
il
li
I--04 ,County Attorney �
Gor 3c
900531
STATE OF COLORADO
DEPARTMENT OF SOCIAL SERVICES
1375 Sherman Street 4
Deriver.Colorado 80]03.1714
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Phone 13031 866-3700 ��
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♦liu ,
MEDICAL SERVICES - COMMUNITY HEALTH PROGRAMS
1575 Sherman Street, 4th Floor eoveamer
Governor
Denver, Colorado 80203-1714 Irene M. Iberia
Executive Director
MEMORANDUM
T0: Chairperson, Board of County Commissioners
•
FROM: Diana Huerta, Administratorlp KA...----
Community Health Programs
DATE: May 24, 1990
SUBJECT: CASE MANAGEMENT DESIGNATION/RECERTIFICATION
Please complete as applicable per CDSS Staff Manual , Volume 8 at 8.487.23 an
8.4187.27.
The Couny Commissioners of Weld county:
X Designate/redesignate the following agency as the HCBS Case
Management Agency for Weld county.
Weld County Division of Human Resources, Area Agency on Aging
Agency name
1551 N. 17th Ave. , PO Box 1805
Address
Greeley, Colorado 80632
City and State
or
_ Choose not to designate a case management at this time.
ANg
X There have been no pertinent programmatic or organizational changes
to the structure of the case management agency.
or
Attached is information pertaining to pertinent organizational and/or
'��L��programmatchange
gthin the case management agency.
er
Signature of Chairperson of the County Board of County Caren ssioners
l
--
DH:LW/ ATTEST: ,By: 1 enic iL._. .
n deputy County Clerk' \ th�531
0578W62�. (' � 1
----_.— _._. 1 . , - n i _- i ._,
Form 6-AC-02A P'^ A
.artment or Agency Number
381000
Contract Routing Number
/1', OF/ - '7i z
CONTRACT �qqqq
THIS CONTRACT, made this 18th day of June X4>I9� by and between the State
of Colorado for the use and benefit of the Department of 1 Social Services. 1575 Sherman.
Denver. Colorado 80203-1714 hereinafter referred to as the State or Social Services, and
2 Weld County Division of Human Resources, Area Agency on Aging, 1551 N. 17th Ave. ,
PO Box 1805, Greeley, CO 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 Fund
Number 1001 , G/L Account Number 54446 , Contract Encumbrance Number ; and
WHEREAS, required approval, clearance and coordination has been accomplished from and with
appropriate agencies; and
WHEREAS, the State has established a Colorado Medical Assistance Program in order to
participate in Title XIX of the Social Security Act (Medicaid), and
WHEREAS, the State is the single Colorado agency responsible for the administration of the
Medicaid program, and
WHEREAS, the State has received waiver authorization from the U.S. Department of Health and
Human Services (hereinafter HHS) to establish and conduct a program of Home and Community Based
Services in accordance with Sections 26-4.5-101 Its sea., C.R.S., as amended, as an alternative to
nursing home placement for eligible persons, and
WHEREAS, the said Sections 26-4.5-101 Its sea., C.R.S., as amended, provide that the Case
Management Agency for such services shall be an agency designated by the board of county
commissioners, and
WHEREAS, the Board of County Commissioners of Weld county have designated
Contractor to be in the county case management agency, and
WHEREAS, the State desires to enter into this Contract with the Contractor herein for the
provision of case management services, as set forth in greater detail below, and
WHEREAS, the State has designated the Contractor to certify and contract with qualifying
individual service providers, and
WHEREAS, Contractor has been selected in accordance with the Colorado Procurement Code, and
WHEREAS, as of the date of the execution of this Contract, the Contractor meets all statutory
requirements for entering into this Contract,
NOW THEREFORE, it is hereby agreed that:
1. Contractor shall perform the following functions of Case management services as defined
within the Colorado Department of Social Services Rules and Regulations which implement
Medicaid Program Sections 26-4.5-101 et. sea. of the C.R.S. as amended, found in the
Colorado Code of Regulations at 10 CCR 2505-10. These rules and regulations may also be
found in the Colorado Department of Social Services Staff Manual Volume 8, titled Medical
Assistance, hereinafter referred to as State Rules. These functions of case managment
services for eligible persons, shall include assessment of client need, development and
implementation of a case plan, coordination and monitoring of service delivery that assures
adequate, quality, and safety of service provisions, the evaluation of service
effectiveness and the reassessment of client need.
2. Contractor may perform the following functions of certification, performance monitoring,
and reimbursement of individual providers, as defined in State Rules.
1) personal care services,
2) homemaking services,
3) respite care services
4) non-medical transportation,
5) home modification,
6) electronic monitoring services.
Certification decisions shall be made in strict compliance with State regulations as they
currently exist and may later be amended.
Page 1 of 8 pages
900531
3. Contractor agrees to ^^form its obligations hereunder in conf""rity with the provisions of
Title XIX of the al Security Act, other relevant fe al and state law and all
pertinent federal and state regulations promulgated pursuant thereto; including, without
• limitation, the Colorado Social Services Code, Sections 26-1-101 et. seq., C.R.S., as
amended, as all the foregoing are in effect as of the date of execution of this Contract,
and as they may later be amended.
4. The Contractor shall assure that clients have appropriate and timely access to services.
The Contractor will facilitate the application process for potentially eligible individuals
and respond in a timely manner to all referrals of eligible clients. The Contractor shalt
provide thorough assessments of care needs and resources to assure the most appropriate
targeting of all private and public Long Term Care (LTC) resources to the needs of the
clients. Such targeting shall not supplant but shall support self—care, family care and
other informal community care. This targeting shall include directing clients to
non—publicly funded programs when possible and to other public programs as appropriate.
The Contractor will follow the LTC program targeting guidelines as established by the State
or as amended thereafter.
5. The Contractor shall process paperwork (as specified in State Rules) in a timely and
accurate manner to promote timely service to clients and timely payment of provider
claims. Contractor shall submit signed claims and assure adequate documentation to support
all Medicaid claims. Such claim forms shall specify the dates of claim coverage, patient
identification, type and units of services and billed amounts.
6. In consideration for the services rendered in accordance with this Contract, the State
shall establish billing procedures and compensate Contractor in accordance therewith within
thirty (30) days of receipt of correct billings, if all billing and reporting requirements
have been satisfactorily met.
The Contractor shall be reimbursed by the State in such amounts as may from time to time be
specified by the State pursuant to applicable federal and state statutes and regulations,
including the Colorado Medical Assistance Act Section 26-4-101 et. ;gg., C.R.S., as
amended, and the Reimbursement Methods for Case Management services, of the State Rules, as
such statutes and rules currently exist or may hereafter be amended.
a) In the event that an error in claims payment is made by the Fiscal Agent, adjustment
shall be made pursuant to the procedures established by the Fiscal Agent on behalf of
the State, and as stated in State Rules.
b) All warrants endorsed by Contractor and presented for payment shall constitute payment
in full, except when endorsed under good faith protest pursuant to Section 4-1-207,
C.R.S., as amended.
GENERAL PROVISIONS
1. This Contract shall be for a term commencing July 1, 1990 and continuing through June 30,
1993 unless terminated earlier under the provisions for termination set forth with the
contract.
2. Except as herein specifically provided otherwise, the parties of this Contract intend that
the relationship between them contemplated by this Contract is that of employer-independent
contractor. No employee, or agent of Contractor shall be or shall be deemed to be an
employee, or agent of the State. Contractor will be solely and entirely responsible for
its 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.
3. Compliance with Applicable Laws:
a. The Contractor shall at all times during the execution of this Contract strictly adhere
to all applicable federal and state laws and implementing regulations as they currently
exist and may hereafter be amended. 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 and regulations are included:
o Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sections 2000d-1 gi. na. and
its implementing regulation, 45 C.F.R. Part 80 et. gq.; and
o 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
o the Age Discrimination Act of 1975, 42 U.S.C. Sections 6101 et. sec . and its
implementing regulation, 45 C.F.R. Part 91; and
o Title VII of the Civil Rights Act of 1964; and
o the Age Discrimination in Employment Act of 1967; and
o the Equal Pay Act of 1963; and
o the Education Amendments of 1972,
o Immigration Reform and Control Act of 1986, P.L. 99-603
o Waiver of Section 1915(c) and 1902(a)10 of the Social Security Act;
° 26-4.5-101 et seq., C.R.S. 1982, as amended;
o CDSS Staff Manual, Volume 8;
o 42 CFR 441.300-310, 42 CFR 435.726;
° 27-1-114 C.R.S.. 1982, as amended;
Page 2 of _8_ pages
900531
r.
and all other rey,.iations applicable to these laws prohi,.,ting discrimination because
•
of race, color, national origin, sex, marital status, religion, ancestry, age, and
mental or physical handicap including Acquired Immune Deficiency Syndrome (AIDS) or
AIDS related conditions, covered under Section 504 of the Rehabilitlation Act of 1973,
as amended, cited above. Included is 45 CFR Part 74 Appendix G 9, which requires that
affirmative steps be taken to assure that small and minority businesses are utilized,
when possible, as sources of supplies, equipment, construction and services. This
assurance is given in consideration of and for the purpose of obtaining any and all
federal and/or state financial assistance.
b. Any person who feels that s/he has been discriminated against has the right to file a
complaint either with the Colorado Department of Social Services or with the U.S.
Department of Health and Human Services, Office for Civil Rights.
c. Contractor assures that clients' rights will be protected. Contractor further assures
that clients have the right to apply for services, to have their eligibility for
services determined, to receive an adequate quantity and quality of the services for
which they are eligible, to appeal denials of service, and to have their communications
with the agency dealt with confidentially. The Contractor will notify each client of
his/her rights to appeal, and will facilitate appropriate access to advocacy services
from the Colorado Long Term Care Ombudsman, Adult Protective Services, other supportive
Services, and the Area Agency on Aging/Title III OAA Advocacy Services.
4. Confidentiality of Records:
Contractor shall protect the confidentiality of all applicant/recipient records and other
materials that have been or may hereafter be established which relate to this contract and
are maintained in accordance with this Contract. Except for purposes directly connected
with the administration of this Program/Project, no information about or obtained from any
applicant/recipient in possession of Contractor shall be disclosed in a form identifiable
with the applicant/recipient without the prior written consent of the applicant/recipient
or a minor's parent or guardian. Contractor shall have written policies 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. This includes protection of
the confidentiality of all applicant/recipient records, papers, documents, tapes and any
other materials that have been or may hereafter be established which relate to this
Contract.
5. Conflict of Interest: -
a. Definition — Appearance of Conflict of Interest
The term applies to the relationship of a contractor with the state when the contractor
also maintains a relationship with a third party and the two relationships are in
opposition. In order to create the appearance of a conflict of interest, it is ogi
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 neither the Contractor nor any of the contractor's
employees shall enter any third party relationship that gives the appearance of
creating a conflict of interest. Upon 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
Proprietary information for the purposes of this contract is information relating to a
party's research, development, trade secrets, business affairs, internal operations and
management procedures and those of its customers, clients or affiliates, but does not
include information (1) lawfully obtained from third parties, (2) that which is in the
public domain, or (3) that which is developed independently.
b. Proprietary Information
Neither party shall use or disclose directly or indirectly without prior written
authorization any proprietary information 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.
Page 3 of �_ pages
900531
7. During the term of t"^ Contract, and any renewal hereof, C^ractor shall at all times
• keep in force an in. once policy or policies naming the St as an additional insured,
issued by a company authorized to do business in Colorado, in the minimum amounts specified
below (per 24-10-101, et. seq., C.R.S., as amended):
a) general liability insurance with limits of no less than $150,000 for any injury to one
person in any single occurrence, and, no less than $400,000 for injury to two or more
persons in any single occurrence; and
b) if the provider transports clients in a provider—owned/leased/borrowed vehicle,
automobile liability insurance with limits of less than $150,000 for any injury to one
person in any single occurrence, and, no less than $400,000 for injury to two or more
persons in any single occurrence; and
c) professional liability insurance, for all licensed professionals providing services in
their professional capacity, in an amount no less than $150,000 for injury to one
person in any single occurrence, and, no less than $400,000 for an injury to two or
more persons in any single occurrence; or
d) if contractor is a public entity within the meaning of Section 24-10-103(5) C.R.S. as
amended, contractor may self insure by appropriation to establish or maintain reserves
for self insurance purposes, or by a combination of a, b, and c above, so long as
minimum dollar limits set forth in a, b, and c are in force at all times, in accordance
with Section 24-10-101 et seq. C.R.S., as now or hereafter amended. Such
self-insurance shall be established and maintained in accordance with Section 24-10-101
et seq. C.R.S., as now or hereafter amended.
Injury includes both bodily injury and property damage.
8. Unemployment/Workmen's Compensation Coverage: During the term of this contract, and any
extensions) hereof, Contractor agrees that it will keep in force employee unemployment
insurance and workmen's compensation insurance as required by, and in accordance with,
Colorado Statutes (Workmen's Compensation 8-40-101 et. seq., C.R.S.; and Employment
Security Act 8-70-101 et. seq.) as amended.
9. Upon request, The Contractor shall provide the State with acceptable evidence that such
coverage is in effect for 7 and 8 above. In the event of cancellation of any such
coverage, Contractor shall immediately notify the State of such cancellation.
10. 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.
11. 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 $10.000.000.00 for the purchase
of the within-described services. It is further understood and agreed that the maximum
amount of state funds available for Fiscal Year 19jgifor the purchase of these services
statewide is in the amount of $10.000.000.00. The liability of the State, at any time, for
such payments shall be limited to the unspent amount remaining of such encumbered funds.
12. 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.
13. 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.
14. Records Retention and Availability: All such records, documents, communications, and other
materials shall be the property of the State and shall be maintained by the Contractor, for
a period of five (5) years after the date of termination of this Contract, or for such
further period as may be necessary to resolve any matters which may be pending, or until an
audit has been completed with the following qualification: If an audit by or on behalf of
the federal and or state government has begun but is not completed at the end of the five
(5) year period, or if audit findings have not been resolved after a five (5) year period,
the materials shall be retained until the resolution of the audit findings.
15. The Contractor shall maintain a system of data collection that will assist in the
evaluation of the program and the agency's performance. Contractor shall complete reports
as requested by the State (Including but not limited to monthly PETI reports) and cooperate
with all program monitoring and evaluation efforts by the State.
16. 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,
Page 4 of $ pages 900531
as the monitoring age/ may in its sole discretion deem ne,� ary or appropriate. Such
monitoring may consi., of internal evaluation procedures, ..amination of program data,
special analyses, on—site checking, surveys and information requests, formal audit
examinations, or any other reasonable procedures. All such monitoring shall be performed
in a manner that will not unduly interfere with contract work.
17. 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 five (5) years following the termination of this Contract to assure compliance
with its terms and/or to evaluate the Contractor's performance hereunder.
18. Assignment/Delegation/Subcontracting: This Contract is in the nature of personal
services. Except as herein specifically provided otherwise, the duties and obligations of
the Contractor arising hereunder cannot be assigned, delegated nor subcontracted except
with the express prior written consent of the State. Subcontracts permitted by the State
shall be subject to the requirements of this Contract, and the Contractor is responsible
and liable for all subcontracting arrangements and the delivery of services as set forth in
this Contract.
19. 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.
20. Representatives: For the purposes of this Contract, the individuals identified below are
hereby designated representatives of the respective parties. Either party may from time to
time designate in writing a new or substitute representative(s):
For the State: For the Contractor:
David West Linda E. Piper, Director
Director of Proarams Aran Agpnry nn Aninn
Medical Services
Name and Title Name and Title
21. Notice: All notices required to be given by the parties hereunder shall be given by
certified or registered mail to the individuals at the addresses set forth below. Either
party may from time to time designate in writing a substitute person(s) or address to whom
such notices shall be sent:
To the State: To the Contractor:
Diana Muerta Eva Jewell , Coordinator
Kathy Vandenbos Carelinc
Colorado Department of Social Services Area HQ..nc on Aping
Medical Services 3,11 BpQX 180
1575 Sherman. 4th Floor areeley. L 8[163?
Denver. Colorado 80203-1714
22. 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.
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 b
defined to mean incorrect or improper activities or inaction by Contractor as defined by
the Colorado Department of Social Services. These remedial actions are as follows:
a. Withhold payment to Contractor until the necessary services or corrections in
performance are satisfactorily completed;
b. Request the removal from work on the contract of employee(s) and/or agent(s) of
Contractor whom the Executive Director or designee justifies as being incompetent,
careless, insubordinate, unsuitable, or otherwise unacceptable, or whose continued
employment on the contract s/he deems to be contrary to the public interest or not in
the best interest of the State;
c. Deny payment or recover reimbursement for those services or deliverables which have not
been performed and which due to circumstances caused by Contractor cannot be performed
or if performed would be of no value or of substantial reduced value to the State
because they do not meet standards for timeliness, completeness, or accuracy, as
determined by the State as set forth by provisions in State Rules. Denial of the
amount of payment shall be reasonably related to the amount of work or deliverable lost
to the State;
d. Impose fiscal sanctions pursuant to agency rules for failure to strictly adhere to all
applicable federal and state laws and implementing regulations as they currently exist
and may hereafter be amended;
Page 5 of 8 pages
900531
e. Terminate the Contract as described in Sections 23 and 24 gr immediately without notice
and without compensation for termination costs.
24. Termination for Cause: In the event this Contract is terminated for cause, final payment
to the Contractor may be withheld at the discretion of the State until completion of final
audit. Incorrect payments to the Contractor due to omission, error, fraud, and/or
defalcation shall be recovered from the Contractor by deduction from subsequent payments
under this contract or other contracts between the State and the Contractor, or by the
State as a debt due to the State or otherwise as provided by law.
25. Termination for Convenience: Either party shall have the right to terminate this Contract
by giving the other party thirty (30) days notice. If notice is so given, this Contract
shall terminate on the expiration of the thirty (30) days, and the liability of the parties
hereunder for further performance of the terms of this Contract shall thereupon cease, but
the parties shall not be released from the duty to perform their obligations up to the date
of termination.
26. Severability: To the extent that this Contract may be executed and performance of the
obligations of the parties may be accomplished within the intent of the Contract, the terms
of this Contract are severable, and should any term or provision hereof be declared invalid
or become inoperative for any reason, such invalidity or failure shall not affect the
validity of 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.
27. Indemnification. Contractor, in consideration for State's promises herein set forth,
promises to indemnify, save and hold harmless and defend State, and all of its employees
and agents, acting officially or otherwise, from any and all liability, claims, demands,
actions, debts, and attorney fees arising out of, claimed on account of, or in any manner
predicated upon loss or damage to the property of and injuries to, or death of all persons
whatsoever, which may occur, or is sustained in connection with the performance of this
Contract, or by conditions created thereby, or based upon any violation of any statute,
ordinance, or regulation, and the defense of any such claims or actions.
28. Any dispute concerning the performance of duties, payments, or interpretations of the
contract may be submitted by either party in writing pursuant to the PROVIDER APPEALS AND
HEARINGS procedure section of State Rules.
29. 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.
Page 6 of pages (40®531
Form 6-AC-02B
SPECUI, PROVISIONS
CONTROLLER'S APPROVAL
1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate.This
provision is applicable to any contract involving the payment of money by the State.
FUND AVAILABILITY
2. Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated.budgeted and otherwise
made available.
BOND REQUIREMENT
3. if this contract involves the payment of more than fifty thousand dollars for the construction,erection,repair,maintenance.or improvement of any building,
road.bridge,v iadua.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 convector 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 convected 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
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.
amaees,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 convector agrees to comply with the leaer and spirit of the Colorado Antidiscrimination Act of 1957,as amended,and other applicable law respecting
discrimination and unfair employment practices(24-34402.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 I) The contractor will not discriminate against any employee or applicant for employment because of race,creed,color,national origin,sex,marital status.
?kr..ancestry..mental or physical handicap,or age.The contractor will take affirmative action to insure that applicants are employed.and that employees are
treated during employment,without regard to the above mentioned characteristics. Such action shall include,but not be limited to the following:employment.
upgrading.demotion,or transfer,recruitment or recruitment advertising;lay-offs or terminations:rates of pay or other forms of compensation:and selection for
train nu.including apprenticeship.The contractor agrees to post in conspicuous places,available to employees and applicants for employment,notices to be pro-
vided b, :he contracting officer setung forth provisions of this non-discrimination clause.
�'_, 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
:ons;deraeion 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-
-_ r'oce to be Provided by the contracting officer,advising the labor union or workers'representative of the contractor's commitment under:he E,c;a:r.e
Order. Equal Opportunity and Affirmative Action,dated April 16. 1975, and of the rules, regulations, and relevant Orders of the Governor.
�4, Thc;nntractor and labor unions will furnish all information and reports required by E xecutne Order,Equal Opportunity and AtHrmative.4coon of Apnl 16.
IS•73.and by the roles,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.
,?' .A labor organizationwill not exclude any individual otherwise qualified from full membership rights in such labor organization,or expel any such individual
membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity,because of race,creed.color.
set. national origin, or ancestry.
i 6i 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
Irdirectiy, to Commit any act defined in this contract to be discriminatory.
3c/5-.53-01-1022
Revised 1.98 age � of 8 ages
900531
•
Form 6-AC-02C
7) In the event of the convector's non-compliance with the non-discrimination clauses of this contractor or with any of such rules.regulations.or orders,this
contract may be cancelled.terminated or suspended in whole or in pan and the contractor may be declared ineligible for further State contracts in accordance
w ah procedures,authorized in Executive Order,Equal Opportunity and Affirmative Action of April 16, 1975 and the rules,regulations.or orders promulgated
In accordance therewith,and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order.Equal Opportunity and
Atfrmauwe Action of Apnl 16. 1975, or by rules, regulations. or orders promulgated in accordance therewith, or as otherwise provided by law.
181 The contractor will include the provisions of paragraph(1)through(8)in every sub-contract and subcontractor purchase order unless exempted by rules,
reguations.or orders issued pursuant to Executive Order.Equal Opportunity and Affirmative Action of April 16.1975,so that such provisions will be binding
upon each subcontractor o:vendor.The contractor will take such action with respect to any sub-contracting or purchase order as the contracting agency may
Lived;.as a.means of entixcmg such provisions,including sanctions for non-compliance;provided,however,that in the event the contractor becomes involved
.n.or is threatened a nth,litigation with the subcontractor or vendor as a result of such direction by the contracting agency,the contractor may request the State
:f Colorado to enter into such litigation to protect the interest of the State of Colorado.
COLORADO LABOR PREFERENCE
Fa. Preis Ions of S-17-101 .g 102.CRS for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereun-
der and are financed in whole or in part by State funds.
b. When construction contract for a public project is to be awarded to a bidder,a resident bidder shall be allowed a preference against a non-resident bidder
from a state or foreign country equal to the preference given or required by the state or foreign country in which the non-resident bidder is a resident. If it is deter-
!lured b:the officer responsible for awarding the bid that compliance with this subsection.06 may cause denial of federal funds which would otherwise be avail-
an!e.-r would otherwise be inconsistent with requirements of federal law,this subsection shall be suspended,but only to the extent necessary to present denial of
the moneys or to eliminate the inconsistency with federal requirements (section 8-19-101 and 102. CRS).
GENERAL
7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation,execution and enforcement of this
contract.Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extra-judicial body or person or
which is otherwise in conflict with said laws,rules and regulations shall be considered null and void.Nothing contained in any provision incorporated herein by
reference winch 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
•.tray 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 ail times during the performance of this Contract,the Contractor shall strictly adhere to all applicable federal and state laws,rules and regulations that
here been or may hereafter oe established.
9. The signatories hereto aver that they are familiar with 18-8-301,et.seq.,(Bribery and Corrupt Influences)and 18-8-401,et.seq..(Abuse of Public Office 1.
CRS 1978 Replacement Vol., and that no violation of such provisions is present.
10. The signatories aver that to :heir knowledge, no state employee has a personal or beneficial interest whatsoever in the sen-ice or property
described herein:
IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day first above written.
F:.II Leva! dame)_ Board of County Commissioners STATE OF COLORADO
l eld /County ivision of Human Resources ROY ROMERj GOVERNOR
By
/V f�
fOr •5 EXECUTIVE DIRECTOR.
Position :7;�det SaenQ..Brantner. Chairman
84-6000813
t.,eiw Scum,. Number or Feneral t D. Nmmhr DEPARTMENT
OF Social Services
'Q Corwxaroi.
Trtest lsc.!'
/
C S re t gai i_-Duni Eivenuncy Clerk
APPROVALS
ATIORNEv GENERAL CONTROLLER( 2
By
Vase 8 hwn„he ua 8
'S"r"'"'"" •n re.en.„ae _
90O531
Atir‘i MEMORAnDum
winC Gene Brantner, Chairman
To of Coon Board of County Commissioners _ Date June 14, 1990 ��, /�
COLORADO From Walter J. Speckman, Executive Director, Human Resources /(_,b_bit
SubjectHome and Community Based Services Contract for 7/1/90 - 6/30/91
Enclosed for Board approval is the Home and Community Based Services
Contract between the Weld County Division of Human Resources and the
State Department of Social Services.
This Contract will allow Human Resources to provide case management
services to approximately 80 frail elderly who qualify for the State
Medicaid Nursing Home Diversion Waiver Program.
Human Resources will be reimbursed by Medicaid at $6.30 per unit (15
minutes) of case management time.
If you have any questions, please telephone Linda Piper at 353-3816,
extension 3320.
-- + 4 .-t, v P i tgla*troya I
June 14, 1190 _..
tEMORAKION
TO: Clerk to the
FR: susen siontos
R: Otied Services
tentratt or _ , , ,_ ? f+ 0/Rt
Enclosed it Board; 1 are•six (6) copies
at the time end ty Based Services
Contract een the ei of Rumen Resources
" and the State peP feCiat Services.
Please return all sib copies of this
Contract. "Once• i. sl retie ed contracts
brick Iron Oeaverct RI -send you a cagy.
L If fee hate any a ,/Rlaase call
Linda fluor et 3$34121i eittension 3320.
k•
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: ���531
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