HomeMy WebLinkAbout991600.tiff RESOLUTION
RE: APPROVE CONTRACT FOR CHILDREN WITH SPECIAL NEEDS HEALTH CARE
PROGRAM AND AUTHORIZE CHAIR 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 for the Children with Special
Needs Health Care Program between the County of Weld, State of Colorado, by and through
the Board of County Commissioners of Weld County, on behalf of the Weld County Department
of Public Health and Environment, and the Colorado Department of Public Health and
Environment, commencing July 1, 1999, and ending June 30, 2000, 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 Contract for the Children with Special Needs Health Care
Program between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Weld County Department of Public Health and
Environment, and the Colorado Department of Public Health and Environment be, and hereby
is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair 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 19th day of July, A.D., 1999, July 1, 1999.
BOARD OF COUNTY COMMISSIONERS
A�� W çTRAO
Da a K. Hall, Chair
e ! th7o&d
' arbar J. Kirkmeyer, ro-Tem le/Li
the Board
eorg er
APPp, TO FORM:
( . J. eile
I1
ounty Attorney
Glenn Vaad -
991600
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COLORADO MEMORANDUM
TO: Dale K. Hall, Chairman, Board of County Commissioners
FROM: John S. Pickle, Director, Department of Public Health and
Environment re/ /A
DATE: July 15, 1999 ,,// J�
SUBJECT: Health Care Program for Children with Special Needs Contract
Enclosed for Board review and approval is a contract between the Colorado Department of
Public Health and Environment and Weld County Department of Public Health and Environment
(WCDPHE) for the Health Care Program for Children with Special Needs Program.
This contract authorizes WCDPHE to provide case finding, community outreach, care
coordination, clinic management, program management, parent and family involvement and
support, and interagency collaboration to children and their families who are determined to be
eligible for services. In return for these services,WCDPHE will be paid an amount not to exceed
$163,178 for the time period July 1, 1999 through June 30, 2000.
I recommend your approval of this contract.
Enc.
•
991600
Department or Agency Name
COLORADO DEPARTMENT OF
PUBLIC HEALTH AND ENVIRONMENT
Department or Agency Number
FAA
Contract Routing Number
00-00191
CONTRACT
This CONTRACT is made this lit day of July, 1999,by and between:the State of Colorado,for the use and benefit
of the DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT whose address or principal place of
business is 4300 Cherry Creek Drive South,Denver,Colorado 80246,hereinafter referred to as"the State";and,
Weld County Board of Commissioners(Political Subdivisionl,whose address or principal place of business is
1555 North 17th Avenue.Greeley,Colorado 80631,hereinafter referred to as"the Contractor".
WHEREAS,as to the State,authority exists in the Law and Funds have been budgeted,appropriated,and otherwise
made available,and a sufficient uncommitted balance thereof remains available for subsequent encumbering and
payment of this Contract in Fund Number Mg,Appropriation Account 611,and Organization Number 6810,under
Encumbrance Number PO FAA HCP0000191;
WHEREAS,the State is charged with operating the Health Care Program For Children With Special Needs(HCP)
(hereinafter referred to as the Program)and to do so through its Family and Community Health Services Division,
(hereinafter the State and its Family and Community Health Services Division will be referred to collectively as the
State);
WHEREAS,the State is charged with improving and maintaining the health status of children with special health
care needs by providing support for development and maintenance of family-centered,community-based,
comprehensive health service systems;
WHEREAS,the State,through the Program,has been mandated to determine eligibility and provide prevention,
identification,assessment,treatment services and care coordination to children with special health care needs and
their families in a culturally respectful manner building on community-based resources;
WHEREAS,said Program allocates either State funds or Matemal and Child Block Grant federal funds to other
agencies in order to provide these services to the people of Colorado;
WHEREAS,the Contractor is considered by the State to be an appropriate agency to provide these services to the
Program as herein set forth;
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WHEREAS,as of the made date of this Contract,the State has a currently valid Group II purchasing delegation
agreement with the Division of Purchasing within the Colorado Department of Personnel;
WHEREAS,section 29-1-201,8 C.R.S.,as amended,encourages governments to make the most efficient and
effective use of their powers and responsibilities by cooperating and contracting with each other to the fullest extent
possible to provide any function,service,or facility lawfully authorized to each of the cooperating or contracting
entities,and to this end all State contracts with its political subdivisions are exempt from the State's personnel rules
and the State procurement code; and,
WHEREAS, all required approvals,clearances,and coordination have been accomplished from and with all
appropriate agencies.
NOW THEREFORE, in consideration of their mutual promises to each,stated below,the parties hereto agree as
follows:
A. EFFECTIVE DATE AND TERM. The effective date of this Contract is July 1. 1999 or on the date the
State Controller approves this Contract,whichever is later. The initial term of this Contract shall
commence on July 1. 1999,and continue through and including June 30.2000,unless sooner terminated
by the parties pursuant to the terms and conditions of this Contract. The total term of this Contract,
including any extensions or renewals hereof,may not exceed five(5)years.
B. DUTIES AND OBLIGATIONS OF THE CONTRACTOR.
1. Contractor shall perform in accordance with the HCP Performance Measures which is incorporated
herein by this reference,made a part hereof,and attached hereto as"Attachment A."
2. The Contractor shall complete and submit the HCP Annual Report to the State by February 15,
2000,for the period covering October 1, 1998 through and including September 30, 1999.
3. Contractor shall engage in defined core public health activities designed to enhance the health
status of children with special health care needs. Using the HCP Effective Indicators as guidance
(which have been or will be provided to the Contractor by the State)and an assessment of
community needs,these activities may include direct or enabling services,population-based
activities and infrastructure building activities as described in "Attachment B", "Core Public
Health Services Delivered by MCH Agencies",which is incorporated herein by this reference,
made a part hereof.
4. Contractor shall cooperate with and provide all requested records regarding recipients for whom
services were provided under this contract.
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5. The Contractor will serve State recipients and recipient families who are determined to be eligible
for Program services. Recipients served will be children residing or whose families have residence
in Weld county.
6. The Weld HCP Regional Office shall work cooperatively with the public health nurses(PHNs)
from Weld county.
7. The HCP Discipline Regional Coordinators funded through this contract shall serve State
recipients who reside or whose families have residence in the counties as defined below:
A. The Audiology Regional Coordinator shall serve Weld county.
B. The OT/PT Regional Coordinator shall serve Weld county.
C. The Speech Regional Coordinator shall serve Weld county.
8. Contractor shall retain and use all revenues generated by the HCP Regional Office staff for care
coordination of children with special health care needs to support activities of the HCP Regional
Office on behalf of children with special health care needs. These revenues shall result from
Performance Measure 2.3 and future care coordination reimbursements from Medicaid and Child
Health Plan Plus(CCHP+)HMO providers.
9. Contractor shall insure financial support for the HCP Regional Office team leader to attend two(2)
State meetings and the HCP Regional Coordinators to attend required State and regional meetings.
10. Contractor shall use the HCP Regional Office funding to first support your HCP Regional Office
staff and second to support your agency's or community's services to children with special health
care needs.
11. Contractor shall use the HCP Regional Coordinators and Disciplines'funding exclusively to
support those contractors or staff.
12. The Contractor agrees that no charges will be made to families by the Contractor for care
coordination/case management regardless of a family's income.
13. The Contractor agrees that any charges for attendance and services at medical specialty clinics
sponsored by the Program must conform to the Sliding Fee Schedule For HCP Clinics,
Attachment C and any subsequent amendments thereto,and by this reference made a part hereof.
14. Title V funds may not be used to pay for any item or service(other than an emergency item or
service)furnished by an individual or entity convicted of a criminal offense under the Medicare or
any State health care program(i.e., Medicaid,Maternal and Child Health,or Social Services Block
Grant programs).
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15. The Contractor agrees to provide services to all Program participants and employees in a smoke-
free environment according to Public Law 103-227,also known as the Pro-Children Act of 1994
(Act). Public Law 103-227,also known as the Pro-Children Act of 1994(Act), requires that
smoking not be permitted in any portion of any indoor facility owned or leased or contracted for by
an entity and used routinely or regularly for the provision of health,day care,early childhood
development services,education or library services to children under the age of 18, if the services
are funded by Federal programs either directly or through State or local governments, by Federal
grant,contract, loan,or loan guarantee. The law also applies to children's services that are
provided in indoor facilities that are constructed,operated,or maintained with such Federal funds.
The law does not apply to children's services provided in private residences;portions of facilities
used for inpatient drug or alcohol treatment;service providers whose sole source of applicable
Federal funds is Medicare or Medicaid;or facilities where WIC coupons are redeemed. Failure to
comply with the provision of Public Law 103-227 may result in the imposition of a civil monetary
penalty of up to$1,000 for each violation and/or the imposition of an administrative compliance
order on the responsible entity. By signing this contract,the Contractor certifies that the
Contractor will comply with the requirements of the Act and will not allow smoking within any
portion of any indoor facility used for the provision of services for children as defined by the Act.
The Contractor agrees that it will require that the language of the Act be included in any
subcontracts which contain provisions for children's services and that all subcontractors shall sign
and agree accordingly.
16. The Contractor shall protect the confidentiality of all applicant or recipient records and other
materials that are maintained in accordance with this contract. Except for purposes directly
connected with the administration of this Program,no information about or obtained from any
applicant or recipient shall be disclosed in a form identifiable with the applicant or recipient
without the prior written consent of the applicant or recipient or a minor's parent or guardian or as
otherwise properly ordered by a court of competent jurisdiction. The Contractor shall have written
policies governing access to duplication and dissemination of all such information. The Contractor
shall advise its employees,agents,servants,and subcontractors,if any,that they are subject to
these confidentialities.
17. Contractor shall ensure that the provisions of Section 601 of Title VI of the Civil Rights Act of
1964 are carried out. That Act states that"no person in the United States shall on the ground of
race,color,or national origin,be excluded from participation in,be denied the benefits of,or be
subjected to discrimination under any program or actively receiving Federal financial assistance.",
The Office of Civil Rights has concluded that it is the responsibility of any program which is a
recipient of funds from the Department of Health and Human Services to ensure that clients who
do not speak or understand English well,be provided interpretation services to ensure that the
service provider and the client can communicate effectively. The Contractor shall have policies
and procedures to ensure that interpretation services are available for clients with Limited English
Proficiency and will advise such clients that an interpreter will be provided for them. If a client
has their own interpreter,they shall be advised that the Contractor will provide an interpreter if the
client so chooses.
18. The Contractor agrees to notify the Program of any changes in personnel and any anticipated
vacancy savings if the vacancy is expected to exist for one month or longer.
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19. Contractor agrees that the transfer of funds from one line item to another must have prior written
approval by the Program.
DUTIES AND OBLIGATIONS OF THE STATE.
The State will make available a draft version of the Annual Report before the contract is signed. A
final version of the Report will be furnished by the State prior to September 30, 1999 when the
MCH Funding Methodology Task Force has completed their recommendations on what items will
be included in all local and regional MCH plans.
2. The State shall, in consideration of those services satisfactorily and timely performed by the
Contractor under this Contract,cause to be paid to the Contractor a sum not to exceed ONE
HUNDRED SIXTY-THREE THOUSAND ONE HUNDRED SEVENTY-EIGHT DOLLARS,
(5163,178.001 for the initial term of this Contract. Of the total financial obligation of the State
referenced above,ONE HUNDRED SIXTY-THREE THOUSAND ONE HUNDRED
SEVENTY-EIGHT DOLLARS,(5163,178.001 are identified as attributable to a funding source
of the United States government and,ZERO DOLLARS are identified as attributable to a funding
source of the State of Colorado.
This Contract is subject to and contingent upon the continuing availability of funds for the
purposes hereof. The Contractor's expenditure of funds under this Contract,as well as the State's
subsequent reimbursement therefor,shall not exceed the total financial obligation of the State. The
liability of the State,at any time,for such reimbursements shall be limited to the unencumbered
amount remaining of such funds.
3. To receive compensation under this Contract,the Contractor shall submit a signed monthly billing
statement,an example of which is incorporated herein by reference,made a part hereof,and
attached hereto as"Attachment D",within sixty(60)calendar days of the end of the billing period
for which services were rendered. Expenditures shall be in accordance with those items identified
in "Attachment E". These items may include,but are not limited to:the Contractor's salaries,
fringe benefits, supplies,travel, operating,and indirect costs which are allowable and allocable
expenses related to its performance under this Contract.
Reimbursement under this Contract,and any renewal or extension hereof,shall be made to the
Contractor on a monthly basis. Accordingly,the Contractor shall be paid one twelfth(1112)of the
State's financial obligation under this Contract each month for the first eleven(11)months. the
final payment for the initial term of this Contract,and any renewal or extension hereof, is
contingent upon the State's timely receipt of: an annual statement from the Contractor in the form
attached hereto as"Attachment F" an example of which is incorporated herein by this reference,
and made a part hereof, for the contract term;and the signed submission of"Attachment G",
which is incorporated herein by this reference,made a part hereof,and attached hereto
The State will reimburse the Contractor for actual indirect costs up to the Family and Community
Health Services Division's maximum of twenty percent(20%)when the Contractor's indirect rate is
based on Direct Costs,or twenty-two percent(22%)when the Contractor's indirect rate is based on
Salary Only or Salary and Fringe Costs.
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Billing statements shall:reference this Contract by its contract number,which number is located on
page one of this document;state the applicable performance dates,the names of payees;a brief
description of the services performed during the relevant performance dates;expenditures
incurred;and,the total reimbursement requested. Reimbursement during the initial,and any
renewal term of this Contract shall be conditioned upon affirmation by the State that all services
were rendered by the Contractor in accordance with the terms of this Contract. Billing statements
shall be sent to:
Terry deLeon
Colorado Department of Public Health and Environment
4300 Cherry Creek Drive South,Denver,CO 80246
FCHSD-HCP-A4
4. The State may prospectively increase or decrease the amount payable under this Contract through a
"Change Order Letter",a sample of which is incorporated herein by this reference,made a part
hereof,and attached hereto as"Attachment H". To be effective,the Change Order Letter must
be: signed by the State and the Contractor;and,approved by the State Controller or an authorized
designee thereof. Additionally,the Change Order Letter shall include the following information:
A. Identification of this Contract by its contract number and affected paragraph number(s);
B. The type(s)of service(s)or program(s)increased or decreased and the new level of each
service or program;
C. The amount of the increase or decrease in the level of funding for each service or program
and the new total financial obligation;
D. The intended effective date of the funding change;and,
E. A provision stating that the Change Order Letter shall not be valid until approved by the
State Controller or such assistant as he may designate.
Upon proper execution and approval,the Change Order Letter shall become an amendment to this
Contract. Except for the General and Special Provisions of this Contract,the Change Order Letter
shall supersede this Contract in the event of a conflict between the two. It is expressly understood
and agreed to by the parties that the change order letter process may be used only for increased or
decreased levels of funding,corresponding adjustments to service or program levels,and any
related budget line items. Any other changes to this Contract,other than those authorized by the
contract renewal letter process described below,shall be made by a formal amendment to this
Contract executed in accordance with the Fiscal Rules of the State of Colorado.
If the Contractor agrees to and accepts the proposed change,then the Contractor shall execute and
return the Change Order Letter to the State by the date indicated in the Change Order Letter. If the
Contractor does not agree to and accept the proposed change,or fails to timely return the partially
executed Change Order Letter by the date indicated in the Change Order Letter,then the State
may,upon written notice to the Contractor,terminate this Contract twenty(20)calendar days after
the return date indicated in the Change Order Letter has passed. Such written notice shall specify
the effective date of termination of this Contract. In the event of termination under this clause,the
parties shall not be relieved of their respective duties and obligations under this Contract until the
effective date of termination has occurred.
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Increases or decreases in the level of contractual funding made through this change order letter
process during the initial or renewal terms of this Contract may be made under the following
circumstances:
F. If necessary to fully utilize appropriations of the State of Colorado and/or non-
appropriated federal grant awards;
G. Adjustments to reflect current year expenditures;
H. Supplemental appropriations,or non-appropriated federal funding changes resulting in an
increase or decrease in the amounts originally budgeted and available for the purposes of
this Contract;
1. Closure of programs and/or termination of related contracts;
J. Delay or difficulty in implementing new programs or services;and,
K. Other special circumstances as deemed appropriate by the State.
5. The State may renew this Contract through a"Contract Renewal Letter",a sample of which is
incorporated herein by this reference,made a part hereof,and attached hereto as"Attachment I".
To be effective,the Contract Renewal Letter must be:signed by the State and the Contractor;and,
approved by the State Controller or an authorized designee thereof. Additionally,the Contract
Renewal Letter shall include the following information:
A. Identification of this Contract by its contract number and affected paragraph number(s);
B. The type(s)of service(s)or program(s), if any, increased or decreased and the new level
of each service or program for the renewal term;
C. The amount of the increase or decrease, if any,in the level of funding for each service or
program and the new total financial obligation;
D. The intended effective date of the renewal;and,
E. A provision stating that the Contract Renewal Letter shall not be valid until approved by
the State Controller or such assistant as he may designate.
Upon proper execution and approval,the Contract Renewal Letter shall become an amendment to
this Contract. Except for the General and Special Provisions of this Contract,the Contract
Renewal Letter shall supersede this Contract in the event of a conflict between the two. It is
expressly understood and agreed to by the parties that the contract renewal letter process may be
used only to: renew this Contract; increase or decrease levels of funding related to that renewal;
make corresponding adjustments to service or program levels,and,adjust any related budget line
items. Any other changes to this Contract,other than those authorized by the change order letter
process described above,shall be made by a formal amendment to this Contract executed in
accordance with the Fiscal Rules of the State of Colorado.
If the Contractor agrees to and accepts the proposed renewal term,then the Contractor shall
execute and return the Contract Renewal Letter to the State by the date indicated in the Contract
Renewal Letter. If the Contractor does not agree to and accept the proposed renewal term,or fails
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to timely return the partially executed Contract Renewal Letter by the date indicated in the
Contract Renewal Letter,then the State may,upon written notice to the Contractor,terminate this
Contract twenty(20)calendar days after the return date indicated in the Contract Renewal Letter
has passed. Such written notice shall specify the effective date of termination of this Contract. In
the event of termination under this clause,the parties shall not be relieved of their respective duties
and obligations under this Contract until the effective date of termination has occurred.
D. GENERAL PROVISIONS.
1. The parties warrant that each possesses actual, legal authority to enter into this Contract. The
parties further warrant that each has taken all actions required by its applicable law,procedures,
rules,or by-laws to exercise that authority,and to lawfully authorize its undersigned signatory to
execute this Contract and bind that party to its terms.The person or persons signing this Contract,
or any attachments or amendments hereto,also warrant(s)that such person(s)possesses actual,
legal authority to execute this Contract,and any attachments or amendments hereto,on behalf of
that party.
2. THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN
INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE OF THE STATE.
NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE
CONTRACTOR SHALL BE.OR SHALL BE DEEMED TO BE.AN AGENT OR
EMPLOYEE OF THE STATE. THE CONTRACTOR SHALL PAY WHEN DUE ALI,
REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON
ANY MONIES PAID PURSUANT TO THIS CONTRACT. 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 OTHERWISPROVIDE SUCH COVERAGE. THE
CONTRACTOR SHALL HAVE NO AUTHORIZATION.EXPRESS OR IMPLIED.TO
BIND THE STATE TO ANY AGREEMENTSJ,IABILITY.OR UNDERSTANDING
EXCEPT AS EXPRESSLY SET FORTH HEREIN. THE CONTRACTOR SHALL
PROVIDE AND KEEP IN FORCE WORKERS' COMPENSATION(AND SHOW PROOF
OF SUCH INSURANCE)AND UNEMPLOYMENT COMPENSATION INSURANCE IN
AMOUNTS REOUIRED BY LAW,AND SHALL BE SOLELY RESPONSIBLE FOR THE
ACTS OF THE CONTRACTOR.ITS EMPLOYEES AND AGENTS.
3. If this Contract is in the nature of personal/purchased services,then the State reserves the right to
inspect services provided under this Contract at all reasonable times and places during the term of
this Contract. "Services",as used in this clause, includes services performed or written work
performed in the performance of services. If any of the services do not conform with the terms of
this Contract,then the State may require the Contractor to perform the services again in conformity
with the terms of this Contract,with no additional compensation to the Contractor for the
reperformed services. When defects in the quality or quantity of the services cannot be corrected
by reperformance,then the State may: require the Contractor to take all necessary action(s)to
ensure that the future performance conforms to the terms of the Contract;and,equitably reduce the
payments due to the Contractor under this Contract to reflect the reduced value of the services
performed by the Contractor. These remedies in no way limit the other remedies available to the
State as set forth in this Contract.
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4. If,through any cause attributable to the Contractor's action(s)or inaction(s),the Contractor: fails
to fulfill, in a timely and proper manner, its duties and obligations under this Contract;or, violates
any of the agreements,covenants,provisions, stipulations, or terms of this Contract,then the State
shall thereupon have the right to terminate this Contract for cause by giving written notice thereof
to the Contractor. Such written notice shall be given at least ten(10)calendar days before the
proposed termination date and shall afford the Contractor the opportunity to cure the default or
state why termination is otherwise inappropriate. If this Contract is terminated for default,then all
finished or unfinished data,documents,drawings,evaluations,hardware,maps,models,negatives,
photographs,reports,software,studies,surveys,or any other material,medium or information,
however constituted,which has been or is to be produced or prepared by the Contractor under this
Contract shall,at the option of the State,become the property of the State. The Contractor shall be
entitled to receive just and equitable compensation for any services or supplies delivered to,and
accepted by,the State. If applicable,the Contractor shall return any unearned advance payment it
received under this Contract to the State. Notwithstanding the above,the Contractor is not
relieved of liability to the State for any damages sustained by the State because of the Contractor's
breach of this Contract. The State may withhold any payment due to the Contractor under this
Contract to mitigate the State's damages until such time as the exact amount of the State's damages
from the Contractor's breach of this Contract is determined. lf,after terminating this Contract for
default, it is determined for any reason that the Contractor was not in default,or that the
Contractor's action or inaction was excusable,then such termination shall be treated as a
termination for convenience,and the rights and obligations of the parties shall be the same as if
this Contract had been terminated for convenience,as described herein.
5. The State may,when the interests of the State so require,terminate this Contract in whole or in
part,for the convenience of the State. The State shall give written notice of such termination to the
other party specifying the part(s)of the Contract terminated. Such written notice shall be given to
the other party at least thirty(30)calendar days before the effective date of termination. If this
Contract is terminated for convenience,then all finished or unfinished data,documents,drawings,
evaluations,hardware,maps,models,negatives,photographs,reports,software,studies,surveys,
or any other material,medium or information,however constituted,which has been or is to be
produced or prepared by the Contractor under this Contract shall,at the option of the State,
become the property of the State. The Contractor shall be entitled to receive just and equitable
compensation for any services or supplies delivered to,and accepted by,the State. If applicable,
the Contractor shall return any unearned advance payment it received under this Contract to the
State. This paragraph in no way implies that a party has breached this Contract by the exercise of
this paragraph. If this Contract is terminated by the State as provided for herein,then the
Contractor shall be paid an amount equal to the percentage of services actually performed for,or
goods actually delivered to,the State, less any payments already made by the State to the
Contractor for those services or goods. However, if less than sixty percent(60%)of the services
or goods covered by this Contract have been performed or delivered as of the effective date of
termination,then the Contractor shall also be reimbursed(in addition to the above payment) for
that portion of those actual"out-of-pocket"expenses(not otherwise reimbursed under this
Contract)incurred by the Contractor during the term of this Contract which are directly attributable
to the uncompleted portion of the services,or the undelivered portion of the goods,covered by this
Contract. In no event shall reimbursement under this clause exceed the total financial obligation of
the State to the Contractor under this Contract. If this Contract is terminated for default because of
the Contractor's breach of this Contract,then the provisions of paragraph 4 above shall apply.
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6. If this Contract involves federal funds, or compliance is otherwise federally mandated,then the
Contractor shall comply with the requirements of the following:
A. Office of Management and Budget Circulars A-87,A-21,or A-122,and A-102 or A-110,
as applicable;
B. the"Hatch Act"(5 U.S.C. 1501-1508)and Public Law 95-454, Section 4728. These
federal statutes declare that federal funds cannot be used for partisan political purposes of
any kind by any person or organization involved in the administration of
federally-assisted programs;
C. the"Davis-Bacon Act"(40 Stat. 1494, Mar.3, 1921,Chap.411,40 U.S.C.
276A-276A-5). This Act requires that all laborers and mechanics employed by
contractors or sub-contractors to work on construction projects financed by federal
assistance must be paid wages not less than those established for the locality of the
project by the Secretary of Labor;
D. 42 U.S.C.6101 et seq,42 U.S.C.2000d,29 U.S.C. 794. These Acts mandate that no
person shall,on the grounds of race,color,national origin,age, or handicap, be excluded
from participation in or be subjected to discrimination in any program or activity funded,
in whole or in part,by federal funds;
E. the"Americans with Disabilities Act"(Public Law 101-336;42 U.S.C. 12101, 12102,
12111 - 12117, 12131 - 12134, 12141 - 12150, 12161 - 12165, 12181 - 12189, 12201 -
12213 and 47 U.S.C.225 and 47 U.S.C.611);
F. if the Contractor is acquiring an interest in real property and displacing households or
businesses in the performance of this Contract,then the Contractor is in compliance with
the"Uniform Relocation Assistance and Real Property Acquisition Policies Act",as
amended(Public Law 91-646,as amended and Public Law 100-17, 101 Stat.246-256);
and,
G. when applicable,the Contractor is in compliance with the provisions of the "Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments"(Common Rule).
H. Section 2101 of the Federal Acquisition Streamlining Act of 1994,Public Law 103-
355,which prohibits the use of federal money to lobby the legislative body of a political
subdivision of the State.
7. If this Contract involves federal funds,or compliance is otherwise federally mandated,then by
signing and submitting this Contract,the Contractor affirmatively avers that:
A. the Contractor is in compliance with the requirements of the"Drug-Free Workplace Act"
(Public Law 100-690 Title V, Subtitle D,41 U.S.C. 701 et seq.);and,
B. the Contractor hereby certifies that it is not presently debarred,suspended,proposed for
debarment,declared ineligible,or voluntarily excluded from covered transactions by any
federal department or agency. The Contractor agrees to comply with all applicable
regulations pursuant to Executive Order 12549,including,Debarment and Suspension
and Participants' Responsibilities,29 C.F.R. 98.510(1990).
Page 10 of 19
C. the Contractor agrees to comply with all applicable regulations pursuant to Section 319 of
Public Law 101-12I, Guidance for New Restrictions on Lobbying, including,
Certification and Disclosure,29 C.F.R.93.110(1990).
8. If this Contract involves the expenditure of federal or state funds,then this Contract is subject to,
and contingent upon,the continued availability of those funds for payment pursuant to the terms of
this Contract. If those funds,or any part thereof, become unavailable as determined by the State,
then the State may immediately terminate this Contract.
9. To be considered for payment,billings for payments pursuant to this Contract must be received
within a reasonable time after the period for which payment is requested;but in no event no later
than ninety(90)calendar days after the relevant performance period has passed. Final billings
under this Contract must be received by the State within a reasonable time after the expiration or
termination of this Contract;but in no event no later than ninety(90)calendar days from the
effective expiration or termination date of this Contract.
10. Unless otherwise provided for in this Contract, "Local Match"shall be included on all billing
statements, in the column provided therefor,as required by the funding source.
11. The Contractor shall not use federal funds to satisfy federal cost sharing and matching
requirements unless approved in writing by the appropriate federal agency.
12. In accordance with Office of Management and Budget(OMB)Circular A-133 (Audits of States,
Local Governments,and Non-Profit Organizations), if the Contractor receives federal funds from
any source, including State pass through money, in an aggregate amount in excess of $300,000.00
(June 24, 1997), in a State fiscal year(July I through June 30),then the Contractor shall have an
annual audit performed by an independent certified public accountant which meets the
requirements of OMB Circular A-133. If the Contractor is required to submit an annual indirect
cost proposal to the State for review and approval,then the Contractor's auditor shall audit the
proposal in accordance with the requirements of OMB Circulars A-21 (Cost Principles for
Educational Institutions),A-87(Cost Principles for State,Local and Tribal Governments),or
A-122(Cost Principles for Non-Profit Organizations),whichever is applicable. The Contractor
shall furnish one(I)copy of the audit report(s)to the State's Accounting Office within thirty(30)
calendar days of issuance;but in no event later than nine(9)months after the end of the
Contractor's fiscal year. If(an)instance(s)of noncompliance with federal laws and regulations
occurs,then the Contractor shall take all appropriate corrective action(s)within six(6)months of
the issuance of(a)report(s).
13. The Contractor shall grant to the State,or its authorized agents, access to the Contractor's relevant
records and financial statements. The Contractor shall retain all such records and financial
statements for a period of six(6)years after the date of issuance of a final audit report. This
requirement is in addition to any other audit requirements contained in other paragraphs of this
Contract.
Page 11 of 19
14. Unless otherwise provided for in this Contract,for all contracts with terms longer than three(3)
months,the Contractor shall submit a written progress report, if required by this Contract,
specifying the progress made for each activity identified in this Contract. These progress reports
shall be in accordance with the procedures developed and prescribed by the State. The preparation
of progress reports in a timely manner is the responsibility of the Contractor. If the Contractor
fails to comply with this provision,then such failure:may result in a delay of payment of funds;or,
termination of this Contract. Progress reports shall be submitted to the State no later than the end
of each calendar quarter,or at such other time as may otherwise be specified.
15. The Contractor shall maintain a complete file of all records,documents, communications,and
other materials which pertain to this Contract. Such materials 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
records of the Contractor. Copies of 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 as custodian for the State,on behalf of the State,for a period of six(6)years from the date
of final payment under this Contract,or for such further period as may be necessary to resolve any
pending matters,including,but not limited to,audits performed by the federal government.
16. The Contractor authorizes the State,or its authorized agents or designees,to perform audits or
make inspections of its records for the purpose of evaluating its performance under this Contract at
any reasonable time during the term of this Contract and for a period of three(3)years following
the termination of this Contract. As such,the Contractor shall permit the State,any appropriate
federal agency or agencies,or any other duly authorized governmental agent or agency,to monitor
all activities conducted by the Contractor pursuant to the terms of this Contract. Such monitoring
may include,but is not limited to: internal evaluation procedures,examination of program data,
special analyses,on-site checks,formal audit examinations,or any other reasonable procedures.
All monitoring shall be performed by the State in such a manner that it shall not unduly interfere
with the work of the Contractor.
17. If the Contractor obtains access to any records,files,or information of the State in connection
with,or during the performance of,this Contract,then the Contractor shall keep all such records,
files,or information confidential and shall comply with all laws and regulations concerning the
confidentiality of all such records,files,or information to the same extent as such laws and
regulations apply to the State. Any breach of confidentiality by the Contractor or third party
agents of the Contractor shall constitute good cause for the State to cancel this Contract,without
liability to the State. Any State waiver of an alleged breach of confidentiality by the Contractor,or
third party agents of the Contractor,does not constitute a waiver of any subsequent breach by the
Contractor,or third party agents of the Contractor.
18. Unless otherwise agreed to in this Contract, or in a written amendment executed and approved
pursuant to Fiscal Rules of the State of Colorado,the parties agree that all material, information,
data,computer software,documentation, studies, and evaluations produced in the performance of
this Contract for which the State has made a payment under this Contract are the sole property of
the State.
Page 12 of 19
19. If any copyrightable material is produced under this Contract,then the State,and any applicable
federal funding entity,shall have a paid in full, irrevocable,royalty free,and non-exclusive license
to reproduce,publish,or otherwise use,and authorize others to use,the copyrightable material for
any purpose authorized by the Copyright Law of the United States as now or hereinafter enacted.
Upon the written request of the Contractor shall provide the State with three(3)copies of all such
copyrightable material.
20. If required by the terms and conditions of a federal or state grant,the Contractor shall obtain the
prior approval of the State and all necessary third parties prior to publishing any materials
produced under this Contract. If required by the terms and conditions of a federal or state grant,
the Contractor shall also credit the State and all necessary third parties with assisting in the
publication of any materials produced under this Contract.
21. Neither the Contractor nor the State shall be liable to the other for any delay in,or failure of
performance of,any covenant or promise contained in this Contract;nor shall any delay or failure
constitute default or give rise to any liability for damages if,and only to the extent that,such delay
or failure is caused by a supervening cause. As used in this Contract,"supervening cause" is
defined to mean:an act of God,fire,explosion,action of the elements,strike, interruption of
transportation,rationing,court action, illegality,unusually severe weather,war,or any other cause
which is beyond the control of the affected party and which,by the exercise of reasonable
diligence,could not have been prevented by the affected party.
22. It is expressly understood and agreed to between the parties that the enforcement of the terms and
conditions of this Contract,and all rights of action related to such enforcement,shall be strictly
reserved to the State and the named Contractor. Nothing contained in this Contract shall give or
allow any claim or right of action whatsoever to or by any third person. Nothing contained in this
Contract shall be construed as a waiver of any provision of the Colorado Governmental Immunity
Act,section 24-10-101 et seq.,C.R.S.,as amended. It is the express intent of the State and the
named Contractor that any person or entity, other than the State or the named Contractor,receiving
services or benefits under this Contract shall be deemed an incidental beneficiary only.
23. To the extent that this Contract may be executed and performance of the obligations of the parties
may be accomplished within the intent of this Contract,the terms of this Contract are severable. If
any term or provision of this Contract is declared invalid by a court of competent jurisdiction, or
becomes inoperative for any other reason,then such invalidity or failure shall not affect the
validity of any other term or provision of this Contract.
24. The waiver of a breach of a term or provision of this Contract shall not be construed as a waiver of
a breach of any other term or provision of this Contract or, as a waiver of a breach of the same
term or provision upon subsequent breach.
25. If this Contract is in the nature of personal/purchased services,then,except for accounts
receivable,the rights,duties,and obligations of the Contractor cannot be assigned,delegated,or
otherwise transferred,except with the prior,express,written consent of the State.
Page 13 of 19
26. Except as otherwise provided for herein,this Contract shall inure to the benefit of,and be binding
upon,the parties hereto and their respective successors and assigns.
27. Unless otherwise provided for in this Contract,the Contractor shall notify the State,within five(5)
working days after being served with a summons,complaint,or other pleading in a case which
involves any services provided under this Contract and which has been filed in any federal or state
court or administrative agency.The Contractor shall immediately deliver copies of any such
documents to the State.
28. This Contract is subject to such modifications as may be required by changes in applicable federal
or state law, or federal or state implementing rules,regulations,or procedures of that federal or
state law. Any such required modification shall be automatically incorporated into, and be made a
part of,this Contract as of the effective date of such change as if that change was fully set forth
herein. Except as provided above,no modification of this Contract shall be effective unless such
modification is agreed to in writing by both parties in an amendment to this Contract that has been
previously executed and approved in accordance with applicable law.
29. Notwithstanding anything herein to the contrary,the parties understand and agree that all terms and
conditions of this Contract,and the exhibits and attachments hereto,which may require continued
performance or compliance beyond the termination date of this Contract shall survive such
termination date and shall be enforceable as provided herein in the event of a failure to perform or
comply by a party to this Contract.
30. Notwithstanding any other provision of this Contract to the contrary,no term or condition of this
Contract shall be construed or interpreted as a waiver,express or implied,of any of the
immunities,rights,benefits,protections,or other provisions of the Colorado Governmental
Immunity Act(CGIA),section 24-10-101,g(Seo. C.R.S.,as now or hereafter amended. The
parties understand and agree that liability for claims for injuries to persons or property arising out
of the alleged negligence of the State of Colorado, its departments, institutions,agencies, boards,
officials,and employees is controlled and limited by the provisions of section 24-10-101 et seq.,
C.R.S.,as now or hereafter amended.
31. The captions and headings used in this Contract are for identification only,and shall be
disregarded in any construction of the terms,provisions,and conditions of this Contract.
32. The parties hereto agree that venue for any action related to this Contract shall be in the City and
County of Denver, Colorado.
33. All attachments to this Contract are incorporated herein by this reference and made a part hereof as
if fully set forth herein. In the event of any conflict or inconsistency between the terms of this
Contract and those of any attachment to this Contract,the terms and conditions of this Contract
shall control.
Page 14 of 19
34. This Contract is 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 Fiscal Rules of the State of Colorado.
E. SPECIAL PROVISIONS.
CONTROLLER'S APPROVAL
I. This contract shall not be deemed valid until it shall have been approved by the Controller of the
State of Colorado or such assistant as he may designate.This provision is applicable to any contract
involving the payment of money by the State.
FUND AVAILABILITY
2. Financial obligations of the State of Colorado 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 work for this State,the contractor shall,before entering upon the performance of any such
work included in this contract,duly execute and deliver to the State official who will sign the contract,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 upon the 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 or fails to pay any person who supplies
rental machinery,tools,or equipment in the prosecution of the work 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 is executed,delivered and filed,no claim in favor of the contractor arising under
such 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 CRS 38-26-106.
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,
Page 15 of 19
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
(CRS 24-34-402),and as required by Executive Order, Equal Opportunity and Affirmative Action,dated
April 16, 1975.Pursuant thereto, the following provisions shall be contained in all State contracts or
sub-contracts.
During the performance of this contract,the contractor agrees as follows:
(a) The contractor will not discriminate against any employee or applicant for employment because of
race,creed, color,national origin,sex,marital status,religion,ancestry,mental or physical handicap,or
age.The contractor will take affirmative action to insure that applicants are employed,and that employees
are treated during employment,without regard to the above mentioned characteristics. Such action shall
include,but not be limited to the following:employment upgrading,demotion,or transfer,recruitment or
recruitment advertisements;lay-offs or terminations;rates of pay or other forms of compensation;and
selection for training, including apprenticeship.The contractor agrees to post in conspicuous places,
available to employees and applicants for employment,notices to be provided by the contracting officer
setting forth provisions of this non-discrimination clause.
(b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of
the contractor,state that all qualified applicants will receive consideration for employment without regard to
race,creed,color,national origin,sex,marital status,religion,ancestry,mental or physical handicap,or
age.
(c) The contractor will send to each labor union or representative of workers with which he has 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, 1975,and of the rules,
regulations,and relevant Orders of the Governor.
(d) The contractor and labor unions will furnish all information and reports required by Executive
Order,Equal Opportunity and Affirmative Action of April 16, 1975,and by the rules,regulations and
Orders of the Governor,or pursuant thereto, and will permit access to his books,records,and accounts by
the contracting agency and the office of the Governor or his designee for purposes of investigation to
ascertain compliance with such rules,regulations and orders.
(e) A labor organization will not exclude any individual otherwise qualified from full membership
rights in such labor organization,or expel any such individual from membership in such labor organization
or discriminate against any of its members in the full enjoyment of work opportunity because of race,creed,
color, sex,national origin,or ancestry.
(0 A labor organization,or the employees or members thereof will not aid, abet,incite,compel or
coerce the doing of any act defined in this contract to be discriminatory or obstruct or prevent any person
from complying with the provisions of this contract or any order issued thereunder;or attempt,either
directly or indirectly,to commit any act defined in this contract to be discriminatory.
Page 16 of 19
(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 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
Affirmative Action of April 16, 1975,or by rules, regulations,or orders promulgated in accordance
therewith,or as otherwise provided by law.
(h) The contractor will include the provisions of paragraphs(a)through(h)in every sub-contract and
subcontractor purchase order unless exempted by rules, regulations,or orders issued pursuant to Executive
Order, Equal Opportunity and Affirmative Action of April 16, 1975,so that such provisions will be binding
upon each subcontractor or vendor. The contractor will take such action with respect to any sub-contracting
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 a construction contract for a public project is to be awarded to a bidder,a resident bidder
shall be allowed a preference against a non-resident bidder from a state or foreign country equal to the
preference given or required by the state or foreign country in which the non-resident bidder is a resident.
If it is determined by the officer responsible for awarding the bid that compliance with the 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,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.
Page 17 of 19
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. Pursuant to CRS 24-30-202.4(as amended),the state controller may withhold debts owed to state
agencies under the vendor offset intercept system for: (a)unpaid child support debt of child support
arrearages;(b)unpaid balance of tax,accrued interest,or other charges specified in Article 21,Title 39,
CRS;(c)unpaid loans due to the student loan division of the department of higher education;(d)owed
amounts required to be paid to the unemployment compensation fund ; and(e) other unpaid debts owing to
the state or any agency thereof,the amount of which is found to be owing as a result of final agency
determination or reduced to judgment as certified by the controller.
10. The signatories aver that they are familiar with CRS 18-8-301,et seq.,(Bribery and Corrupt
Influences)and CRS 18-8-401,et seq.,(Abuse of Public Office),and that no violation of such provisions is
present.
11. The signatories aver that to their knowledge,no state employee has any personal or beneficial
interest whatsoever in the service or property described herein.
Page 18 of 19
N WITNESS WHEREOF,the parties hereto have executed this Contract on the day first above written.
Contractor: Weld County State of Colorado
(Full Legal ame) Board of Commissioners BILL OWENS,GOVERNOR
By: •
{,1
Position(Title) Chair. Dale K. Hall By: it O-
84-6000-813 (07/19/99) Department of
Social Security Number or Federal I.D.Number PUBLIC HEALTH AND ENVIRONMENT
If Corporation, wnn/ it Co ty r quivi ent:
PROGRAM APPROVAL:
Attest(Affix !• ) -�
ctla,
� ,tR6,1
By; Erixparalxiisanektgyactql
r" w _
adc
Deputy Clerk to the Bo�1�`J �� N =�
APPROVALS:
APPROVALS:
ATTORNEY G [> JQZAR CONTRO TE CONTROLLER
,ATTORNEY �NERAL A T R L. NH RT ,
By: •." - AM ARTIN, JR. By:
/ ken Sa ISTANT ATTORNEY GENERAL Arthur L. Barnhart
STATE SERVICES SECTION
Page 19 of 19
ATTACHMENT A
HCP Performance Measures for the
Weld HCP Regional Office Contract for FY 2000
The HCP Effectiveness Indicators serve as guidance for communities defining optional indicators for local actions on
behalf of children with special health care needs. The Performance Measures below are minimum requirements for
Regional Offices in accepting MCH and state funds through HCP.
The definition of children with special health care needs includes the following:
For the purpose of planning: Children with special health care needs are those who have or are at risk for a
chronic physical, developmental, behavioral or emotional condition and who also require health and related
services of a type or amount beyond that required by children generally. (Developed by the federal Bureau of
Maternal Child Health in 1995.)
For the purpose of enrollment into HCP Paid Service Benefits: Continued use of the much more limited
definition covering chronic,physical medical conditions as defined in the HCP Manual.
1. Direct Services
1.1 Implement the program for HCP Paid Service Benefits for eligible children according to the time
lines,policies and procedures described in the HCP Manual.
1.2 Utilize the HCP Regional Office Discipline Coordinators to assist other regional office staff in the
following activities as defined in the HCP Manual: 1) assure "medical necessity"of OT,PT,speech,
nutrition,CHIP and DME benefits(including hearing aids),2)identify appropriate HCP paid service
benefits and providers, and 3) coordinate these benefits with the school districts, Part C, private
insurance and CHP+,as appropriate.
1.3 Ensure that a minimum of two staff members are trained and proficient in working with IRIS
including at least one person who is responsible for documenting care coordination notes. (See
footnote(a))
1.4 Complete all required data fields on IRIS as defined by the minimum standards written in the
"Standards for Usage of the IRIS System"revised 06/25/99.
1.5 Conduct an annual patient chart audit on the lesser of 10%of the caseload or 50 patient records of
children enrolled for HCP Paid Service Benefits according to procedures defined in the HCP Manual
and include audit report results in the HCP Annual Report due to the state by February 15,2000.
2. Enabling Services
2.1 Assess and document the need for care coordination for children enrolled for HCP Paid Service
Benefits using the acuity scale,as defined in the HCP Manual. (See footnote(b))
2.2 Assist families who have children with special needs in applying to Medicaid,CHP+and SSI.
2.3 Assess the need for services of children enrolled in CHP+through the use of the screening follow-up
forms sent to regional offices. Document the call on the billing form and submit to Contractor's fiscal
staff and to the state HCP office, attention Patsy McAteer, for transfer to the HMO/CHP+ and to
CHP+for reimbursement.
2.4 Utilize the multi-disciplinary team for consultation on appropriate cases in developing the care
coordination plan as evidenced by notes in the patient chart.
2.5 Assure appropriate staffing of care coordination services, to begin to address not only the medical
needs and resources, but also the mental health care needs and family support needs of the children
and families enrolled for HCP Paid Service.
2.6 Serve as the Service Coordinator for some children receiving HCP Paid Service Benefits who are also
Part C-eligible,as requested by the family and negotiated with the Part C Coordinator or IFSP Team.
3. Population-Based Services
3.1 Work with hospital staff to assure that 85%of all newborns are screened before hospital discharge
by ensuring 1)the newborn hearing screening equipment and guidelines are understood and in place
in each birthing hospital in the service area,2)that recommended procedures for children who fail
the hearing screening are followed in each hospital and 3)that local audiologists,pediatricians and
hospital staff are educated on the importance of early identification and intervention as well as the
community resources available to the professional and to families.
3.2 Use reports from the Newborn Hearing Tracking System to follow up with families,as appropriate.
4. Infrastructure and Capacity Building
4.1 Submit the HCP Annual Report for the period covering October 1, 1998 through and including
September 30, 1999,to the state HCP office by February 15,2000.(See footnote(c))
4.2 Each regional office team will consist of staff(either as FTE or on contract) which includes the
following core disciplines:nursing,nutrition,audiology,early intervention specialist for hearing loss,
speech, occupational or physical therapy, social work, parent or family advocate. To the extent
possible, it is desirable to hire or contract with professionals who are also working in other care
systems or community programs, (e.g., mental health, school district, community health center,
community center board, Part C.) In addition, specialists in community assessment,planning and
evaluation and epidemiology are highly encouraged to become part of the team. Multi-disciplinary
team members will assist in assessing needs and facilitating efforts to coordinate community health
and support services for children with special health care needs.
4.3 The Team Leader,the State Discipline Consultants and the Regional Discipline Coordinators(Co-
Hear, speech, nutrition, OT/PT, and audiology) will determine and document in writing which
priorities from the Scope of Work, included in the HCP Manual, will be accomplished during each
contract period.
4.4 When discipline regional coordinators are shared with other regions,the appropriate Team Leaders,
state discipline consultants and regional coordinators will meet together at least annually to discuss
issues,concerns and satisfaction with the contractor before renewing the contract.
4.5 HCP Team Leaders will attend two meetings together with state HCP staff. Discipline staff will
attend specified Regional Office Team meetings or conference calls and will attend at least two state
meeting per year of all the coordinators for that discipline, as convened by the state discipline
consultants.
4.6 To ensure the central role of families as advisors and participants in policy making activities and as
documented in the HCP Annual Report:
4.6.1 Family members(see footnote(d))participate on advisory committees or task forces and are
offered training,mentoring and reimbursement,when appropriate.
4.6.2 Financial support(financial grants,technical assistance,travel and child care)is offered for
parent activities or parent groups.
4.6.3 Family members are involved in inservice training of HCP staff and providers.
4.6.4 Family members are hired as paid staff or consultants to the HCP regional office for their
expertise as a family member.
4.6.5 Family members of diverse cultures which represent the diversity of the community are
involved in all of the above activities.
Footnotes
(a) As equipment is obtained and staff is trained,the numbers of staff expected to enter information into IRIS will
increase for next years measures.
(b) The acuity scale and accompanying expectations around care coordination are still in draft form. This measure
will not become mandatory until the policy has more input from regional staff sometime during the year.
(c) A draft of the Annual Report will be available before the contract is signed. A final version of the Report will
be furnished prior to September 30, 1999 when the MCH Funding Methodology Task Force has completed
their recommendations on what items will be included in all local and regional MCH plans.
(d) The families members referred to in this measure do not all need to be the paid parent consultant. Different
parents can be used for the different activities mentioned.
J:\CLERICAL\CONTRACT\RO\W ELD-00.P-M
ATTACH LENT B
CORE PUBLIC HEALTH SERVICES
DELIVERED BY MCH AGENCIES
•
DIRECT
HEALTH CARE
' SERVICES:
(GAP FILLING)
Examples:
• Basic Health Services,
and Health Services for CSHCN
ENABLING SERVICES:
Examples:
Transportation,Translation,Outreach,
Respite Care,Health Education,Family
Support Services,Purchase of Health Insurance,
Case Management,Coordination with Medicaid,
WIC,and Education
POPULATION-BASED SERVICES:
Examples:
Newborn Screening,Lead Screening,Immunization,
Sudden Infant Death Syndrome Counseling,Oral Health, •
Injury Prevention,Nutrition
and Outrcach/Publie Education
INFRASTRUCTURE BUILDING SERVICES:
Examples:
Needs Assessment,Evaluation,Planning,Policy Development,
Coordination,Quality Assurance,Standards Development,Monitoring,
Training,Applied Research,Systems of Care,and Information Systems
MCUEIJSCH ta/r0/Vr
ATTACHMENT C
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
HEALTH CARE PROGRAM FOR CHILDREN WITH SPECIAL NEEDS(HCP)
SLIDING FEE SCHEDULE FOR HCP CLINICS-Page 1 of 2 pages
The Health Care Program for Children with Special Needs(HCP)is committed to the Clinic System. We want to ensure
that throughout Colorado families have access to the HCP Clinics.
The sliding fee schedule affects those families without insurance that have an HCP financial rating of+1 or more. The
clinic physician will always bill Medicaid and private insurance for all children who have Medicaid or private
insurance benefits.
Clinics, Fees,and Services
Cerebral Palsy,Hearing,Orthopedic,Pediatric Cardiology,Pediatric Neurology, Plastic,and Scoliosis
Clinics
1. Clients with an HCP financial rating of 0 will continue to receive:
• diagnostic evaluations(to include one follow up visit to interpret the results)at no
cost to the family,
• continuing clinic visits at no cost to the family for children who are diagnostically
eligible,and
• labs and X-rays at no cost to the family.
2. Clients with an HCP financial rating of+1 and+2 will receive:
• diagnostic evaluations(to include one follow up visit to interpret the results)at no
cost to the family,
• labs and x-rays for the diagnostic evaluation at no cost to the family,
• continuing clinic visits for children who are diagnostically eligible at a fee for
service(previously these visits were at no cost to the family). The family will be
assessed a:
o $10 fee per visit for a rating of+1
o $20 fee per visit for a rating of+2 and
o labs and x-rays for the continuing clinic visits are the financial
responsibility of the family.
SLIDING FEE SCHEDULE FOR HCP CLINICS- Page 2 of 2 pages
3. Clients with a rating of +3 and above will:
• pay a fee for service for both diagnostic evaluations and continuing clinic visits
(previously the diagnostic evaluations were at no cost to the family). The family
will be assessed a:
• $30 fee per visit for a rating of+3
• $40 fee per visit for a rating of+4
• $50 fee per visit for a rating of+5
• $60 fee per visit for a rating of+6
• etc.
• and will pay for all labs and x-rays ordered out of clinic(previously these were at
no cost to the family for the diagnostic evaluation).
4. All clinic patients must be registered with HCP and complete a financial statement.
5. HCP is recommending that the clinic sites keep the clinic fees collected from the families. The
fees collected are to support HCP clinic activities such as: clinic supplies,clinic equipment,clinic
furniture or parent/professional stipends.
Pediatric Clinics
Children attending an HCP Pediatric Clinic without an HCP eligible diagnosis:
L If the child's PCP requests continuing consultation from the pediatrician,the child may be seen in the
HCP Pediatric Clinic and pay fee for service according to the established sliding fee.
2. Families with a financial rating of 0 will be required to pay at the+1 level. (HCP is providing access
for these families, but not paying for services to children who are not diagnostically eligible.)
3. Family pays all labs and x-rays ordered out of clinic.
Developmental Evaluation Clinics
This policy does not address the state-wide Developmental Evaluation Clinic System. HCP is billed by each
Developmental Evaluation Clinic on a fee for service basis for children with HCP benefits.
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ATTACHMENT E
APPLICANT: Weld County Department of Public Health and Environment
PROJECT: Health Care Program for Children with Special Needs (HCP)
FOR THE PERIOD: JULY 1, 1999 through JUNE 30, 2000
Full Funded
Time by
Equivalent CDPHE
HCP Weld County Regional Office:
(1/12 payable monthly for July through May,
June's payment contingent upon Annual Expenditure Report) 157,428
Sub-total HCP Weld County Regional Office: 157,428
HCP Regional Coordinators: (line item billing)
Audiology 2,000
Travel for Colo. Academy of Audiology meeting 250
Occupational or Physical Therapy 2,500
Speech 1,000
Sub-total Regional Coordinators and Disciplines 5,750
Total HCP Weld County Regional Office 163,178
ATTACHMENT F
APPLICANT:
PROJECT: Health Care Program for Children with Special Needs (HCP)
ACTUAL EXPENDITURES:
FOR THE PERIOD: JULY 1, 1999 through JUNE 30, 2000
Annual Full Total Source of Funds
Salary Time Amount *Applicant Requested
Rate Equivalent Required and Other from CDPHE
PERSONNEL EXPENSES:
Fringe Benefit Rate and Expenses
Total Personnel Expenses
CONTRACTED SERVICES:
Sub-total Contracted Services
OPERATING EXPENSES:
(include only costs not part of indirect)
Sub-total Operating Expenses
TRAVEL:
Sub-total Travel Expenses
EQUIPMENT:
Sub-total Equipment Costs
Administrative/Indirect Rate and Costs
TOTAL PROJECT COSTS
*Source of Funding for "Applicant and Other"
Local/County: ** $ **
Medicaid Funding $
Patient Fees: $
Other: $
Total Applicant and Other $
** Are these local funds used to match any other grant? YES NO
Signature of Director or Authorized Representative Date
ATTACHMENT G
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
HEALTH CARE PROGRAM FOR CHILDREN WITH SPECIAL NEEDS(HCP)
CONTRACT DUTIES AND OBLIGATIONS CERTIFICATION FORM
TO: Colorado Department of Public Health and Environment
Health Care Program for Children with Special Needs (HCP)
4300 Cherry Creek Drive South •
FCHSD-HCP-A4
Denver, Colorado 80246-1530
Telephone: (303) 692-2370; FAX#: (303 ) 782-5576
FROM:
TYPE OF PROGRAM:
FEDERAL ID NUMBER:
This is to certify that the "Duties and Obligations of the Contractor" have been performed per Contract
Routing Number for the period of July 1, 1999 through June 30,2000.
SIGNATURES:
Contractor or Authorized Designee Date
HCP Regional Office Team Leader Date
I hereby certify that all contract requirements have been met and final payment of$ for
contract services for the period of July I, 1999 through June 30, 2000 is authorized.
SIGNATURES:
HCP Program Consultant Date
HCP Program Director or Authorized Designee Date
1:\CLERICAUCONTRACf\fORMSTINI.CERT.LFY (er 06/28/99) SM/pw
STATE OF COLORADO
Bill Owens,Governor of-co _
Jane E.Norton,Executive Director .E
Dedicated to protecting and improving the health and environment of the people of Colorado He
4300 Cherry Creek Dr.S. Laboratory and Radiation Services Division *«r�.,cil I• **
Denver,Colorado 80246-1530 8100 Lowry Blvd. r 676 r.
Phone(303)692-2000 Denver CO 80220-6928
Located in Glendale,Colorado (303)692-3090 Colorado Department
http://www.cdphe.state.co.us of Public Health
and'Fnvironment
Health Care Program For Children With Special Needs(HCP)
Telephone: (303)692-2370; FAX: (303)782-5576
[Date] Sample Contract Change Order Letter Attachment H
State Fiscal Year 19** - **, Contract Change Order Letter Number**, Contract Routing Number*******
Pursuant to paragraph ** of the contract with contract routing number*******and contract encumbrance number
*********** (as amended by Contract Renewal Letter**,contract routing number**-*****,and/or Contract Change
Order Letter*t,contract routing number**-***** if any),hereinafter referred to as the"Original Contract"(a copy of
which is attached hereto and by this reference incorporated herein and made a part hereof)between the State of Colorado,
Department of Public Health and Environment and Contractor's Legal Name, for the term from ********* **, ****
through********* **. ****,the parties agree that the maximum amount payable by the State for the eligible services
referenced in paragraph ** of the Original Contract is increased/decreased by dollar amount DOLLARS,($*.**)for a new
total financial obligation of the State of dollar amount DOLLARS,($*.**). The revised work plan,which is attached
hereto as"Attachment 1",and the revised budget,which is attached hereto as"Attachment 2",are incorporated herein by
this reference and made a part hereof. The first sentence in paragraph**of the Original Contract is hereby modified
accordingly. All other terms and conditions of the Original Contract are hereby reaffirmed. This amendment to the Original
Contract is intended to be effective as of********* **.****. However, in no event shall this amendment be deemed valid
until it shall have been approved by the State Controller or such assistant as he may designate.
Please sign,date,and return all"*originals of this Contract Change Order Letter by********* **,****,to the attention
of: ************ ************,Colorado Department of Public Health and Environment,4300 Cherry Creek Drive
South,Denver,Colorado 80246,Mail Code: *****-** One original of this Contract Change Order Letter will be
returned to you when fully approved.
Contractor's Legal Name STATE OF COLORADO
(legal type of entity) Bill Owens,Governor
By: By:
For the Executive Director
Print Name: DEPARTMENT OF PUBLIC HEALTH
AND ENVIRONMENT
Title:
FEIN:
APPROVALS:
CONTROLLER: PROGRAM:
By: By:
Arthur L. Barnhart
STATE OF COLORADO
Bill Owens,Governor p.co
Jane E.Norton,Executive Director ;or, top
4,
Dedicated to protecting and improving the health and environment of the people of Colorado
4300 Cherry Creek Dr.S. Laboratory and Radiation Services Division *+•G.V **
Denver,Colorado 80246-1530 8100 Lowry Blvd. *1876*
` ._
Phone(303)692-2000 Denver CO 80220-6928
Located in Glendale,Colorado (303)692-3090 Colorado Department
http://www.cdphe.state.co.us of Public Health
and Environment
Health Care Program For Children With Special Needs(HCP)
Telephone: (303)692-2370; FAX:(303)782-5576
[Date} Sample Contract Renewal Letter Attachment I
State Fiscal Year 19** - **, Contract Renewal Letter Number**, Contract Routing Number**-*****
Pursuant to paragraph ** of the contract with contract routing number**-***** and contract encumbrance number
***********,(as amended by Contract Change Order Letter**,contract routing number**-*****,and/or Contract
Renewal Letter**,contract routing number**-*****,if any),hereinafter referred to as the"Original Contract"(a copy of
which is attached hereto and by this reference incorporated herein and made a part hereof)between the State of Colorado,
Department of Public Health and Environment and Contractor's Legal Name,for the renewal term from ********* **
****,through ********* ** **** the parties agree that the maximum amount payable by the State for the eligible services
referenced in paragraph ** of the Original Contract is increased/decreased by dollar amount DOLLARS,($*.**)for a new
total financial obligation of the State of dollar amount DOLLARS,($*.**). The revised work plan,which is attached
hereto as"Attachment 1",and the revised budget,which is attached hereto as"Attachment 2",are incorporated herein by
this reference and made a part hereof. The first sentence in paragraph ** of the Original Contract is hereby modified
accordingly. All other terms and conditions of the Original Contract are hereby reaffirmed. This amendment to the Original
Contract is intended to be effective as of********* **.****. However,in no event shall this amendment be deemed valid
until it shall have been approved by the State Controller or such assistant as he may designate.
Please sign,date,and return all ** originals of this Contract Renewal Letter by********* **,****,to the attention of:
******M1***** ************ Colorado Department of Public Health and Environment,4300 Cherry Creek Drive
South,Denver,Colorado 80246, Mail Code: *****-**. One original of this Contract Renewal Letter will be returned to
you when fully approved.
Contractor's Legal Name STATE OF COLORADO
(legal type of entity) Bill Owens,Governor
By: By:
For the Executive Director
Print Name: DEPARTMENT OF PUBLIC HEALTH
AND ENVIRONMENT
Title:
FEIN:
APPROVALS:
CONTROLLER: PROGRAM:
By: By:
Arthur L. Barnhart
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