HomeMy WebLinkAbout990993.tiff RESOLUTION
RE: APPROVE SINGLE ENTRY POINT AGENCY CONTRACT 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 Single Entry Point Agency Contract
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Human Services, Area Agency
on Aging, and the Colorado Department of Health Care Policy and Financing, 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 Single Entry Point Agency Contract between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,
on behalf of the Department of Human Services, Area Agency on Aging, and the Colorado
Department of Health Care Policy and Financing 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 5th day of May, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
S9�€ D CO , O OR
ATTEST: u ad 1/xJCIr# Dale K. Hall, Chair
Weld County Clerk to th , / '
.% I arbara J. Kirkmeyer, Pro'-Tem
Deputy Clerk to the Bo ' L N 1 �4y
eorge . axter
APPRO D AS TO FORM:
z7 M. J Geie
/� ounty Attorney 7e//4/"A Glenn Vaad
990993
!' -� HR0070
06-r:114,:,
MEMORANDUM
W ' /y TO: , I t—
v BoardDaleK.of CountyHallChair Commissioners
DATE: Witt
f
• FROM: Walter Speckman, Executive Director4/30/99, Department of V6 t�p�COLORADO Human Services
SUBJECT: Amendment to the Single Entry Point, Weld Area
Agency on Aging
Attached are five (5) copies of the July 1, 1999 through June 30,
2000 contract between the Department of Health Care Policy and
Financing and the Weld County Division of Human Services Area
Agency on Aging. The contract allows the Agency on Aging to
continue to be the Single Entry Point for Weld County. The base
contract amount will be $348, 608 . 00 .
990993
Agency or Department Name
Health Care Policy&Financing
Department or Agency Number
UHA
Contract RoutingNumber
SINGLE ENTRY POINT AGENCY CONTRACT
THIS CONTRACT, made this 30th day of June, 1999, by and between the State of Colorado for the use and benefit of
the Department of Health Care Policy and Financing, 1575 Sherman Street, Denver, Colorado 80203-1714 hereinafter
referred to as the State or the Department and Weld County Board of Commissioners by and through the Weld County
Division of Human Services Area Agency on Aging, 1551 North 17th Avenue, Greeley, CO 80631, hereinafter
referred to as the contractor.
WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made
available and a sufficient unencumbered balance thereof remains available for payment in Contract Encumbrance
number and for the Single Entry Point program, COFR's codes: Fund 100, Agency UHA, Appropriation
Code 175; and for Deinstitutionalization Pro,jJect, COFR's codes: Fund Appropriation Code and,
L.,) 3/4-1 3 Zc (,% d7 1 Li
WHEREAS, required approval, clearance and coordination has been accomplished from and with
appropriate agencies;
WHEREAS, the contractor was selected in accordance with State law;
WHEREAS, the Department is the designated single Colorado agency responsible for the administration of the
Medicaid program, pursuant to 26-4-104, Colorado Revised Statutes(C.R.S.), as amended, and
WHEREAS, the State has established a Colorado Medical Assistance Program in order to participate in Title
XIX of the Social Security Act(Medicaid), and
WHEREAS, the Department is authorized, pursuant to Sections 26-1-103(7) and 26-4-521, et. seq., C.R.S. as
amended, to contract with designated Single Entry Point agencies to serve as independent contractors for the
administration of long term care programs, and
WHEREAS, Section 26-4-522, C.R.S., as amended, provides that the Single Entry Point agency shall be
recommended by the Board of County Commissioners, and considered for approval by the Department in accordance
with the authorizing legislation, and
WHEREAS, the Board(s) of County Commissioners of Weld has (have) designated the Contractor to be the
district Single Entry Point agency, and
WHEREAS, the Department has approved certification of the Contractor as a Single Entry Point agency, and
WHEREAS, the Department desires to enter into this Contract with the Contractor herein for the
administration of the Single Entry Point program, as set forth in greater detail below, and
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C/90 96/3
WHEREAS, as of the date of the execution of this Contract, the Contractor meets all statutory and regulatory
requirements for entering into this Contract, and
WHEREAS, as of the date of the execution of this Contract, the Contractor meets all statutory and regulatory
requirements for entering into this Contract,
NOW THEREFORE, it is hereby agreed that:
2(a) Scope of Work
A. Contractor shall perform the functions of single entry point agencies as defined by sections 26-4-507 and 26-4-522,
C.R.S., as amended, and the rules and regulations applicable to the Department and the single entry point system
(hereafter referred to as "state regulations"). These state regulations may be found in the Code of Colorado
Regulations(C.C.R.) at 10 C.C.R. §2505-10, and may also be found in Volume 8 of the staff manual titled Medical
Assistance.
B. Contractor agrees to perform its obligations hereunder in conformity with the provisions of Title XIX of the Social
Security Act, other relevant federal and state laws and all pertinent federal and state regulations promulgated
pursuant thereto; including, without limitation, the Colorado Human Services Code, Section 26-1-101, et. seq.,
C.R.S., as amended„ and those applicable portions of the Staff Manuals of the Colorado Department of Human
Services and the Colorado Department of Health Care Policy and Financing: Volume 3, entitled "Income
Maintenance," 9 C.C.R. §2503-1; Volume 5, entitled "Finance and Accounting," 11 C.C.R. §2508-1; Volume 8,
entitled "Medical Assistance," 10 C.C.R. §2505-10; and Volume 10, entitled "Services for the Aging," 12 C.C.R.
§2510-1, as all the foregoing provide on the date this Contract is executed, and as they may later be amended.
C. Contractor shall perform the functions of case management for eligible persons as defined in the state statutes and
regulations, including but not limited to intake/screening/referral, assessment of client need, development and
implementation of a care plan, on-going case management, monitoring of clients, reassessment, and case closure.
D. Contractor shall perform all necessary administrative functions for the operation of Single Entry Point agencies, as
defined in the state statutes and regulations, including but not limited to such matters as the following:
(1) establishing a community advisory committee for the purpose of providing public input and guidance for single
entry point agency operation;
(2) administering a personnel system for recruiting, hiring, evaluating, and terminating employees;
(3) performing accounting tasks in compliance with all rules and regulations for accounting practices set forth by
the state department;
(4) maintaining adequate liability insurance to meet the state department's minimum requirements for contract
agencies;
(5) information management: collecting and reporting of summary and client specific data pertaining to
information and referral services provided by the agency, program eligibility determination, financial eligibility
determination, care planning, service authorization, resource development, and fiscal accountability;
(6) recordkeeping: maintaining client records in accordance with program requirements, including the
documentation of all case activities, the monitoring of service delivery, and service effectiveness;
(7) resource development: facilitating the development of local resources to meet the long term care needs of
individuals who reside within the single entry point district served by the Contractor;
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(8) protecting the confidentiality of all applicant and recipient records; and
(9) protecting the client's rights as defined by the state department under applicable programs.
(10) compliance with a signed letter of agreement with the state, a model of which is made part hereof as Exhibit D,
in the use of the Options for Long Term Care Data System if contractor is using this automated system.
E. Contractor shall comply with the standards as outlined in the state statutes and regulations, staff manual Volume 8:
sections 8.390 through 8.539, for the operation of the Single Entry Point agency which include, but are not limited
to the following:
(1) Contractor shall afford appropriate and timely access to services for all clients and will facilitate the application
process for potentially eligible individuals and respond in a timely manner to all referrals of eligible clients;
(2) Contractor shall provide thorough assessments of care needs and resources to assure the most appropriate
targeting of all private and public long term care resources to the needs of the clients. Such targeting shall not
supplant but shall support self care, family care and other informal community care;
(3) Contractor shall process paperwork in a timely and accurate manner to promote timely service to clients;
(4) Contractor shall provide accurate and timely documentation of client and agency activities; and
(5) Contractor shall not provide direct services unless a waiver is approved by the State Department based on
criteria set forth in the state regulations for single entry point agencies.
F. Contractor shall cerlify adult foster care facilities within the single entry point district in accordance with the
Department rules for adult foster care (staff manual volume 8, section 8.483).
G. Contractor shall provide case management functions to recipients of publicly funded long term care programs,
including, but not limited to Medicaid nursing facility care, Home and Community-Based Services for the Elderly,
Blind and Disabled (HCBS-EBD), Home and Community-Based Services for Persons Living with AIDS (HCBS-
PLWA), Home and Community-Based Services for Persons with Brain Injury (HCBS-BI), Home Care Allowance,
Adult Foster Care, and certain in-home services available under the federal "Older Americans Act of 1965, as
amended". The authorization and administration of services through a publicly funded program shall be in
accordance with the program's eligibility criteria, as defined by applicable state and federal statutes and regulations,
as they exist on the date this Contract is executed, and as they may later be amended. Contractor shall cooperate
with the state and the community center boards in the admission of clients with developmental disabilities to the
Home and Community Based Services for the Elderly, Blind and Disabled Program.
H. In accordance with staff manual section 8.392.4, entitled "PRIVATE PAY CLIENTS," the Contractor shall provide
case management services to persons able to pay privately for such services within two years of contractor
implementation.
I. Contractor shall develop procedures for the transfer of clients from one county to another within the Single Entry
Point district and from one district to another in accordance with the state statutes and regulations.
J. Contractor shall provide staff who meet the qualifications set forth in the state statutes and regulations,
to perform the following functions: administrative/supervisory, and case management.
K. Contractor shall arrange for a licensed medical professional to be available to staff for consultation regarding
medical and diagnostic concerns.
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L. Contractor shall be considered for certification by the Department in accordance with standards and requirements set
forth in the state statutes and regulations. Decisions about certification shall be based upon but not limited to on-site
visits and other evaluation of agency performance in the following areas: quality of services provided; compliance
with program requirements, including case management standards adopted by the Department; timeliness;
performance of administrative functions, including reasonable cost per client, timely responses, managing programs
in one consolidated unit, on-site visits to clients, community coordination and outreach, and client monitoring;
targeting of populations served; and financial accountability.
M. In accordance with procedures set forth in applicable state statutes and regulations, Contractor performance
shall be reviewed by the Department or its designee on an ongoing basis. Contractor will be notified within 30 days
of the outcome of such reviews, which may result in approval, provisional approval, denial, or termination of
certification. For the purpose of monitoring the Contractor and making certification recommendations, the
Department may designate an agent such as(but not limited to)the Colorado Department of Human Services.
2(b) Scope of Work in Regard to Deinstitutionalization Activities:
A. Contractor must show a good faith effort to identify appropriate State clients who may be deinstitutionalized from
nursing facilities and who are determined to be appropriate to be served under community based care.
B. The Deinstitutionalization Project is a research oriented project used to identify the characteristics of nursing facility
clients who can most successfully be deinstitutionalized into a community based setting and to identify fmancial
impacts of this work on the State long term care expenditures. Contractor will provide data and information as
required by the State which will permit the State to identify this information.
C. Contractor shall perform the following activities and functions as required under the Deinstitutionalization project:
(I) From among eligible clients housed in nursing facilities, and who shall be designated by the State, Contractor
shall select clients for whom they determine a reasonable potential for Deinstitutionalization from the nursing
facility and into the community.
(2) Contractor shall conduct on-site visits to selected residents and/or families of residents of nursing facilities in
order to provide information regarding community based services and to assess the appropriateness of
relocation from the nursing facility into community based options.
(3) If the client elects to leave the nursing facility and enter the community, Contractor shall guide the client and/or
client's family and facilitate completion of the administrative and programmatic requirements to enter
community based care.
(4) In a form and manner to be selected by the State, Contractor shall collect and report summary and client
specific data and information sufficient to enable the State to complete research requirements under this project.
This will entail collection of data and information in regard to:
a. clients to whom informational visits are made in nursing facilities
b. clients who elect not to leave the nursing facility
c. clients who elect to leave the nursing facility
(5) Collection and reporting of additional research oriented information related to deinstitutionalization, that is
above information which is normally reportable to the State under Single Entry Point requirements for those
clients who enter community based care from a nursing facility under this project.
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D. Contractor agrees to perform its obligations hereunder in conformity with the provisions of Title XIX of the
Social Security Ad:, other relevant federal and state laws and all pertinent federal and state regulations
promulgated pursuant thereto; including, without limitation, the Colorado Human Services Code, Section
26-1-101, et. seq., C.R.S., as amended, and those applicable portions of the Staff Manuals of the Colorado
Department of Human Services and the Colorado Department of Health Care Policy and Financing:
Volume 3, entitled "Income Maintenance," 9 C.C.R. §2503-1; Volume 5, entitled "Finance and Accounting,"
11 C.C.R. §2508-1; Volume 8, entitled "Medical Assistance," 10 C.C.R. §2505-10; and Volume 10, entitled
"Services for the Aging," 12 C.C.R. §2510-1, as all the foregoing provide on the date this Contract is
executed, and as they may later be amended.
3. Performance Period
The contract shall be effective upon approval by the State Controller, or designee, or on July 1, 1999, whichever is
later. The contract performance contemplated herein shall commence as soon as practicable after the effective date of
this contract and shall be undertaken and performed in the sequence and manner set forth in the scope of work identified
in paragraph 2 and extend through June 30, 2000.
4. Price/Cost
The State shall reimburse the contractor's reasonable, allowable costs, as defined herein, not exceeding $$384,642.00
for work associated with the Scope of Work described under paragraph 2(a) above. The State shall reimburse the
contractor's reasonable, allowable costs, as defined herein, not exceeding $4,000 for work associated with the Scope
of Work described under paragraph 2(b), Scope of Work in Regard to Deinstitutionalization Activities, above. Payment
to the contractor for activities associated with deinstitutionalization, described under paragraph 2(b) above is
described and established for the contractor in Exhibit B, hereby made a part of this contract.
Payment pursuant to this Contract will be made as earned, in whole or in part, from available state and federal funds
encumbered in an amount not to exceed $384,642.00 for the purchase of the within-described services in paragraph 2a
and $4,000 for work described in paragraph 2b during the period, July 1, 1999 through June 30, 2000. The specific
methodology for calculating the payment to the contractor is described in Exhibit A and Exhibit B which are attached to
this contract and incorporated herein by reference. The liability of the State, at any time, for such payments shall be
limited to the unspent amount remaining of such encumbered funds.
5. Payment Terms
The State shall pay reasonable, allocable, allowable costs of performance as provided in Exhibit A, Exhibit B and
Exhibit E to this contract. Unless otherwise provided, and where appropriate:
A. The State shall establish billing procedures and pay the contractor the reasonable, allocable, and allowable costs
for work performed under this contract, based on the submission of monthly statements in the format prescribed
by the State. To be considered for payment, billings for payment pursuant to this contract must be received
within 30 days after the period for which payment is being requested and final billings on the contract must be
received by the State within 30 days after the end of the contract term.
B. Payments pursuant to this contract shall be made as earned, in whole or in part, from available funds encumbered
for the purchase of the described services. The liability of the State, at any time, for such payments shall be
limited to the amount remaining of such encumbered funds.
C. In the event this contract is terminated, final payment to the contractor may be withheld at the discretion of the
State until completion of final audit.
D. Incorrect payments to the contractor due to omission, error, fraud, or defalcation shall be recovered from the
contractor by deduction from subsequent payment under this contract or other contracts between the State and the
contractor, or by the State as a debt due to the State. The contractor shall submit requests for reimbursement
monthly, stating in the invoice a detailed description of the amounts of services performed and description of
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reimbursable expenses. The Uniform Administrative Requirements for Grants and Cooperative agreements to
State and Local Governments (the "Common Rule"), and the applicable OMB Circulars cited therein, shall
govern the allowability and allocability of costs under this contract. The State and federal government reserves
the right to audit the contractor's books and records for a period of three years after contract expiration or
termination in order to validate the allowability of costs paid under this contract, and any costs not allowable
under the State procurement rules shall be reimbursed by the contractor, or offset against current obligations due
by the State to the contractor, at the State's election. If an audit by or on behalf of the federal and/or state
government has begun but is not completed at the end of the three(3)year period, or if audit findings have not been
resolved after a three (3) year period, the materials shall be retained until the resolution of the audit findings.
Contractors and sub-contractors will retain automated and manual records in a condition and manner which will
enable transfer or transmission to other organizations. In the eventuality that a contract and/or sub-contract are
terminated, the contractor and/or sub-contractors will cooperate with the state in the transmission or transferring of
records as necessary to a designated organization.
E. Contractor is subject to and agrees to honor and abide by single entry point regulations in regard to settlement
required of differences between payments by the State to the contractor and allowed expenditures incurred by the
contractor for the Contractor's operation of the single entry point contract.
F. The contractor must submit in writing to the State all proposed capital expenditures in excess of$500. The State
must approve these purchases in writing prior to orders being placed and expenditures being made. Capital
expenditures include office furniture, copying equipment, faxing equipment, vehicles, computers, printers and
other automation related equipment as well as any other durable carpet, furniture, equipment or construction or
building alteration expenditures.
G. The State shall establish billing procedures and reimburse the Contractor in such amounts as may from time to time
be specified by the State pursuant to applicable federal and state statutes and regulations, including the Colorado
Medical Assistance Act Section 26-4-101 et. seq., CRS, as amended, and the State Rules for the Long Term Care
Single Entry Point System, as such statutes and rules currently exist or may hereafter be amended. State funds shall
be allocated to each Single Entry Point agency based on the number of counties in a district and the average number
of clients served in community-based care programs in that district during each quarter of the contract term. The
specific methodology for calculating the payment to the contractor is described in exhibit A which is attached to this
contract and incorporated herein by reference.
H. The Contractor shall submit monthly expenditure statements, using forms, procedures and within time frames
prescribed by the State. Failure to submit the expenditure statements or to enter expenditures in the Automated
Personnel Payment System within the time frames established by the state may result in the withholding of payments
by the state until the statements are received. Total compensation to the Contractor under this contract shall not
exceed the limitation contained in the General Provision entitled "Compensation/Maximum Payable."
I. The Contractor shall receive state and federal funds in monthly payments from the State. Allowable agency
expenditures are set forth by Federal rules, CFR Title 45, Part 74, Appendix G; Office of Management and Budget
Circular A-87 or A-122, whichever is applicable; and the U.S. Department of Health and Welfare, December 1976,
Cost Principles and Procedures for Establishing Cost Allocation Plans and Indirect Cost Rates for Grants and
Contracts with the Federal Government as indicated presently or amended in the future.
J. The Contractor shall be reimbursed $90 for each client for whom assessment is performed by the Contractor and
who selects and is enrolled in the Total Long Term Care Program. Funds for these payments are not encumbered
as a part of this contract but rather are paid on a fee for service basis by submission to the state of an invoice for
payment. The number of clients for whom such payment can be made cannot exceed 35 clients throughout the state
in each fiscal year period. At the point at which the state has reimbursed contractors for a total of 35 clients, if this
number of reimbursement payments occur, the State will notify all contractors by means of a "Dear Administrator
Letter" that no further payments can be made during the current fiscal year.
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6. Legal Authority
The contractor warrants that it possesses the legal authority to enter into this contract and that it has taken all actions
required by its procedures, by-laws, and/or applicable law to exercise that authority, and to lawfully authorize its
undersigned signatory to execute this contract and to bind the contractor to its terms. The person(s) executing this
contract on behalf of the contractor warrant(s) that such person(s)have full authorization to execute this contract.
7. Inspection and Acceptance (Services)
The State reserves the right to inspect services provided under this contract at all reasonable times and places during
the term of the contract. "Services" as used in this clause includes services performed or tangible material produced
or delivered in the performance of services. If any of the services do not conform with contract requirements, the
State may require the contractor to perform the services again in conformity with contract requirements, with no
additional payment. When defects in the quality or quantity of service cannot be corrected by reperformance, the
State may (1) require the contractor to take necessary action to ensure that the future performance conforms to
contract requirements and (2) equitably reduce the payment due the contractor to reflect the reduced value of the
services performed. These remedies in no way limit the remedies available to the State in the termination provisions
of this contract, or remedies otherwise available at law.
8. Confidentiality of Records
In the event the contractor shall obtain access to any records or files of the State in connection with agreement, or in
connection with the performance of its obligations under this agreement, the contractor shall keep such records and
information confidential and shall comply with [Section 8-72-107, CRS, and all other] laws and regulations
concerning the confidentiality of such records to the same extent as such laws and regulations apply to the State. The
contractor shall notify its employees,agents and sub-contractors that they are subject to the confidentiality requirements
as set forth above, and shall provide each employee with a written explanation of the confidentiality requirements
before the employee is permitted access to confidential data.
9. Remedies
In addition to any other remedies provided for in this contract, and without limiting its remedies otherwise available
at law, the State may exercise the following remedial actions if the contractor substantially fails to satisfy or perform
the duties and obligation in this contract. Substantial failure to satisfy the duties and obligations shall be defined to
mean significant insufficient, incorrect or improper performance, activities, or inaction by contractor. These
remedial actions are as follows:
A. Suspend contractor's performance pending necessary corrective action as specified by the State without
contractor's entitlement to adjustment in price/cost or schedule; and/or
B. Withhold payment to contractor until the necessary services or corrections in performance are satisfactorily
completed; and/or
C. Request the removal from work on the contract of employees or agents of contractor whom the State justifies as
being incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable, or whose continued
employment on the contract the State deems to be contrary to the public interest or not in the best interest of the
State; and/or
D. Deny payment for those services or obligations which have not been performed and which due to circumstances
caused by contractor cannot be performed, or if performed would be of no value to the State. Denial of the
amount of payment must be reasonably related to the value of work or performance lost to the State.
E. Terminate the contract for default.
The above remedies are cumulative and the State, in its sole discretion, may exercise any or all of them individually
or simultaneously.
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10. Termination for Convenience
The State may terminate this contract at any time the State determines that the purposes of the distribution of State
moneys under the contract would no longer be served by completion of the project. The State shall effect such
termination by giving written notice of termination to the contractor and specifying the effective date thereof, at least
twenty (20) days before the effective date of such termination. In that event, all finished or unfinished documents,
data, studies, and reports or other material prepared by the contractor under this contract shall, at the option of the
State, become its property, and the contractor shall be entitled to receive just and equitable compensation for any
satisfactory services and supplies delivered.
If the contract is terminated by the State as provided herein,the contractor will be paid an amount which bears the same
ratio to the total compensation as the services satisfactorily performed bear to the total services of the contractor
covered by this contract, less payments of compensation previously made, provided, however, that if less than sixty
percent(60%)of the services covered by this contract have been performed upon the effective date of such termination,
the contractor shall be reimbursed (in addition to the above payment) for that portion of the actual out-of-pocket
expenses(not otherwise reimbursed under this contract)incurred by the contractor during the contract period which are
directly attributable to the uncompleted portion of the services covered by this contract. In no event shall
reimbursement under this clause exceed the contract amount. If this contract is terminated for cause, or due to the fault
of the contractor,the Termination for Cause or Default provision shall apply.
11. Termination for Default/Cause
If, through any cause, the contractor shall fail to fulfill, in a timely and proper manner, its obligations under this
contract, or if the contractor shall violate any of the covenants, agreements, or stipulations of this contract, the State
shall thereupon have the right to terminate this contract for cause by giving written notice to the contractor of its
intent to terminate and at least ten (10) days opportunity to cure the default or show cause why termination is
otherwise not appropriate. In the event of termination, all fmished or unfinished documents, data, studies, and reports
or other material prepared by the contractor under this contract shall, at the option of the State, become its property,
and the contractor shall be entitled to receive just and equitable compensation for any services and supplies delivered
and accepted. The contractor shall be obligated to return any payment advanced under the provisions of this contract.
Notwithstanding the above, the contractor shall not be relieved of liability to the State for any damages sustained by
the State by virtue of any breach of the contract by the contractor, and the State may withhold any payment to the
contractor for the purposes of mitigating its damages until such time as the exact amount of damages due to the State
from the contractor is determined.
If after such termination it is determined, for any reason, that the contractor was not in default, or that the
contractor's action/inaction was excusable, such termination shall be treated as a termination for convenience, and the
rights and obligations of the parties shall be the same as if the contract had been terminated for convenience, as
described herein.
12. Insurance
A. The contractor shall obtain, and maintain at all times during the term of this agreement, insurance in the
following kinds and amounts:
1) Standard Worker's Compensation and Employer Liability as required by State statute, including
occupational disease, covering all employees on or off the work site, acting within the course and scope
of their employment.
2) General, Personal Injury, and Automobile Liability (including bodily injury, personal injury, and
property damage) minimum coverage:
a) Combined single limit of$600,000 if written on an occurrence basis.
b) Any aggregate limit will not be less than$1,000,000.
c) Combined single limit of $600,000 for policies written on a claims-made basis. The policy
shall include an endorsement, certificate, or other evidence that coverage extends two years
beyond the performance period of the contract.
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d) If y aggregate limits are reduced below $600,000 because of claims made or paid during the
required policy period, the contractor shall immediately obtain additional insurance to restore
the full aggregate limit and furnish a certificate or other document showing compliance with
this provision.
B. The State of Colorado shall be named as additional insured on all liability policies.
C. The insurance shall include provisions preventing cancellation without 60 days prior notice to the State by
certified mail.
D. The contractor shall provide certificates showing adequate insurance coverage to the State within 7 working days
of award or contract execution, unless otherwise provided.
E. If the contractor is a "public entity" within the meaning of the Colorado Governmental Immunity Act, CRS 24-
10-101, et seq., as amended ("Act"), the contractor shall at all times during the term of this contract maintain
such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the
Act. Upon request by the State, the contractor shall show proof of such insurance.
13. Independent Contractor Relationship
THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT
CONTRACTOR AND NOT AS AN EMPLOYEE. 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. CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED
EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONEYS PAID
PURSUANT TO THIS CONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR
AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS
THE CONTRACTOR OR A THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE
DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. CONTRACTOR SHALL HAVE
NO AUTHORIZATION, EXPRESS OR IMPLIED, TO BIND THE STATE TO ANY AGREEMENTS,
LIABILITY, OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. CONTRACTOR
SHALL PROVIDE AND KEEP IN FORCE WORKER'S COMPENSATION (AND SHOW PROOF OF SUCH
INSURANCE) AND UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED
BY LAW, AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR, ITS
EMPLOYEES AND AGENTS.
14. Representatives and Notice
A. Representatives. For the purpose 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 new or
substitute representatives:
For the State:
Linda L. Rad Manager, Health Care Benefits
Name Title
For the Contractor:
Name / Title D,rec{or We/d Arc,. A9c eb o.,
L//vc]CL. T,pe,— y ~y
B. Notices. All notices required to be given by the parties hereunder shall be hand delivered or 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 substitute addresses or persons to whom such notices shall be sent.
Page 9 of 18
For the State:
Name: Linda L. Rad
Department and Division: Colorado Dept. of Health Care Policy and Financing
Health Care Benefits
Address: 1575 Sherman Street
Denver, Colorado 80203-1714
For the contractor: ,1-1016.4-- lip' r-
wcid 7reu /-l7erv7 v,t,
C_ ,Soar /5ills-
/e7
CD Bo4-3.L
15. Assignment and Successors
The contractor agrees not to assign rights or delegate duties under this contract or subcontract any part of the
performance required under the contract without the express, written consent of the State. Except as herein otherwise
provided, this agreement shall inure to the benefit of and be binding only upon the parties hereto and their respective
successors and assigns.
16. Changes
The State may prospectively increase or decrease the amount payable under this contract included in Paragraph (2a)
above through a "Change Order Letter," approved by the State Controller or his designee, in the form attached hereto
as Exhibit C and provided for in Exhibit A, subject to the following conditions. The State may prospectively increase
or decrease the amount payable under this contract for work included in Paragraph (2b) above, Scope of Work in
Regard to Deinstitutionalization Activities through a "Change Order Letter," approved by the State Controller or his
designee, in the form attached hereto as Exhibit H, subject to the following conditions:
A. The Change Order Letter ("Letter") shall include the following:
1) Identification of contract by contract number and affected paragraph number(s);
2) Types of services or programs increased or decreased and the new level of each service or program;
3) Amount of the increase or decrease in the level of funding for each service or program and the total;
4) Intended effective date of the funding change;
5) A provision stating that the change shall not be valid until approved by the State Controller or such
assistant as he may designate;
B. Upon proper execution and approval, such letter shall become an amendment to this contract and, except for the
general terms and conditions and Special Provisions of the contract, the letter shall supersede the contract in the
event of a conflict between the two. It is understood and agreed that the letter may be used only for increased or
decreased funding, ,md corresponding adjustments to service levels and any budget line items.
C. If the contractor agrees to and accepts the change, the contractor shall execute and return the letter to the State by
the date indicated in the letter. In the event the contractor does not accept the change, or fails to timely return
the executed letter, the State may, upon notice to contractor, terminate this contract effective at any time after
twenty (20) days following the return deadline specified in the letter. Such notice shall specify the effective date
of termination. In the event of termination, the parties shall not be relieved of their obligations up to the
effective date of termination.
D. Increases or decreases in the level of contractual funding made through the letter process during the term of this
contract may be made under the following circumstances:
Page 10 of 18
1) If necessary to fully utilize Colorado State appropriations and/or non-appropriated federal grant awards.
2) Adjustment;to reflect current year expenditures.
3) 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 program.
4) Closure of programs and/or termination of related contracts.
5) Delay or difficulty in implementing new programs or services.
6) Other special circumstances as deemed appropriate by the State.
17. Options: Performance Extension
The State may require continued performance for a period of one year of any services within the limits and at the
rates specified in the contract. The State may exercise the option by written notice to the contractor deposited in the
mail before the end of the performance period of the contract using a form substantially equivalent to Exhibit C .
The State shall give the contractor 60 days preliminary written notice of its intent to execute the option. Preliminary
notice does not commit the State to an extension. If the State exercises this option, the extended contract shall be
considered to include this option provision. The total duration of this contract, including the exercise of any options
under this clause, shall not exceed five (5) years. 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.
18. Force Majeure
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 "force majeure". As used in
this contract "force majeure" means fire, explosion, action of the elements, strike, interruption of transportation,
rationing, court action, illegality, unusually severe weather, or any other cause which is beyond the control of the
party affected and which, by the exercise of reasonable diligence, could not have been prevented by the party
affected.
19. Third Party Beneficiaries
It is expressly understood and agreed that the enforcement of the terms and conditions of this contract and all rights of
action relating to such enforcement, shall be strictly reserved to the State and the named contractor. Nothing contained
in this agreement shall give or allow any claim or right of action whatsoever by any other third person. It is the express
intention of the State and the contractor that any such person or entity, other than the State or the contractor, receiving
services or benefits under this agreement shall be deemed an incidental beneficiary only.
20. Sovereign Immunity
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, protection, or
other provisions of the Colorado Governmental Immunity Act, Section 24-10-101, et.seq., CRS, as now or hereafter
amended. The parties understand and agree that liability for claims for injuries to persons or property arising out of
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., CRS, as now or hereafter amended and the
risk management statutes, Section 24-30-1501, et. seq., CRS, as now or hereafter amended.
21. Severability
To the extent that this contract may be executed and performance of the obligations of the parties may be
Page 11 of 18
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.
22. Waiver
The waiver of any breach of a term, provision, or requirement of this contract shall not be construed or deemed as
waiver of any subsequent breach of such term, provision, or requirement, or of any other term, provision, or
requirement.
23. Entire Understanding
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 writing executed and approved pursuant to the State Fiscal Rules.
24. Survival of Certain Contract Terms
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, compliance, or effect
beyond the termination date of the contract shall survive such termination date and shall be enforceable by the State
as provided herein in the event of such failure to perform or comply by the contractor.
25. Modification and Amendment
This contract is subject to such modifications as may be required by changes in Federal or State law, or their
implementing regulations. Any such required modification shall automatically be incorporated into and be part of this
contract on the effective date of such change as if fully set forth herein. Except as provided above, no modification
of this contract shall be effective unless agreed to in writing by both parties in an amendment to this contract that is
properly executed and approved in accordance with applicable law.
26. Federal Funding
This contract is subject to and contingent upon the continuing availability of Federal funds for the purposes hereof. The
parties hereto expressly recognize that the contractor is to be paid, reimbursed, or otherwise compensated with funds
provided to the State for the purpose of contracting for the services provided for herein, and therefore, the contractor
expressly understands and agrees that all its rights, demands, and claims to compensation arising under this contract are
contingent upon receipt of such funds by the State. In the event that such funds or any part thereof are not received by
the State,the State may immediately terminate this contract without liability, including liability for termination costs.
27. Litigation Reporting
Unless otherwise provided, the contractor shall promptly notify the State in the event that the contractor learns of any
actual litigation which is related to the Transition Project in which it is a party defendant. The contractor, within ten
(10)days after being served with a summons, complaint, or other pleading in a case which involves services provided
under this contract and which has been filed in any Federal or State court or administrative agency, shall deliver
copies of such document to the representative designated in this contract, or in absence of such designation, to the
chief executive officer of the department, agency, or institution executing this contract on behalf of the State.
28. Maintenance of Records
The contractor shall maintain a complete file of all records, documents, communications, and other written materials
which pertain to the operation of programs or the delivery of services under this contract, and shall maintain such
records for a period of three (3) years after the date of termination of this contract or fmal payment hereunder,
Page 12 of 18
whichever is later, or for such further period as may be necessary to resolve any matters which may be pending. All
such records, documents, communications and other materials shall be the property of the State, and shall be
maintained by the contractor in a central location and the contractor shall be custodian on behalf of the State. If an
audit by or on behalf of the federal and/or state government has begun but is not completed at the end of the three (3)
year period, or if audit findings have not been resolved after a three (3)year period, the materials shall be retained until
the resolution of the audit findings. Contractors and sub-contractors will retain automated and manual records in a
condition and manner which will enable transfer or transmission to other organizations. In the eventuality that a contract
and/or sub-contract are terminated, the contractor and/or sub-contractors will cooperate with the state in the transmission
or transferring of records as necessary to a designated organization.
29. Audit, Inspection of Records, and Monitoring
The contractor shall permit the State, Federal Government, or any other duly authorized agent of a governmental
agency to audit, inspect, examine, excerpt, copy and/or transcribe contractor's records during the term of this
contract and for a period of three (3) years following termination of this contract or final payment hereunder,
whichever is later, to assure compliance with the terms hereof, or to evaluate the contractor's performance
hereunder. The contractor shall also permit these same described entities to monitor all activities conducted by the
contractor pursuant to the terms of this contract. As the monitoring agency may in its sole discretion deem necessary
or appropriate, such monitoring may consist of internal evaluation procedures, examination of program data, special
analyses, on-site check, or any other reasonable procedure. If an audit by or on behalf of the federal and/or state
government has begun but is not completed at the end of the three (3) year period, or if audit fmdings have not been
resolved after a three (3) year period, the materials shall be retained until the resolution of the audit findings.
Contractors and sub-contractors will retain automated and manual records in a condition and manner which will enable
transfer or transmission to other organizations. In the eventuality that a contract and/or sub-contract are terminated, the
contractor and/or sub-contractors will cooperate with the state in the transmission or transferring of records as necessary
to a designated organization.
30. Federal Examination of Records Clause
Contractor, and its subcontractors and subgrantees, will give the State, the awarding Federal agency, and the
Comptroller General of the United States, through any authorized representatives, access to and the right to examine
all records, books, papers, or documents related to the award and contract; and will establish a proper accounting
system in accordance with generally accepted accounting standards.
31. Federal Audit Provisions
All state and local governments and non-profit organizations receiving more than $300,000 from all funding sources,
that are defined as federal financial assistance for single audit purposes, shall comply with the audit requirements of
OMB Circular A-128 (Audits of State and Local Governments) or A-133 (Audits of Institutions of Higher Education
and Other Non-profit Organizations), whichever applies.
32. Conflict of Interest
The contractor (and subcontractors or subgrantees permitted under the terms of this contract) shall maintain a written
code of standards governing the performance of its employees engaged in the award and administration of contracts.
No employee, officer or agent of the contractor, subcontractor, or subgrantee shall participate in the selection, or in
the award or administration of a contract or subcontract supported by Federal funds if a conflict of interest, real or
apparent, would be involved. Such a conflict would arise when:
1) The employee, officer or agent;
2) Any member of the employee's immediate family;
3) The employee's partner; or
4) An organization which employs, or is about to employ, any of the above,
Page 13 of 18
has a financial or other interest in the firm selected for award. The contractor's, subcontractor's, or subgrantee's
officers, employees, or agents will neither solicit nor accept gratuities, favors, or anything of monetary value from
contractors, potential contractors, or parties to sub-agreements.
During the term of this contract, Contractor shall not engage in any business or personal activities or practices or
maintain any relationships which conflict in any way with the Contractor fully performing his/her obligations under this
contract.
Additionally, Contractor acknowledges that, in governmental contracting, even the appearance of a conflict of interest is
harmful to the interests of the State. Thus, Contractor agrees to refrain from any practices, activities or relationships
which could reasonably be considered to be in conflict with the Contractor's fully performing his/her obligations to the
State under the terms of this contract, without the prior written approval of the State.
In the event that the Contractor is uncertain whether the appearance of a conflict of interest may reasonably exist,
Contractor shall submit to the State a full disclosure statement setting forth the relevant details for the State's
consideration and direction. Failure to promptly submit a disclosure statement or to follow the State's direction in
regard to the apparent conflict shall be grounds for termination of the contract.
33. COMPLIANCE WITH APPLICABLE LAW
The Contractor shall at all times during the execution of this Contract strictly adhere to, and comply with, all
applicable Federal and State laws, and their implementing regulations, as they currently exist and may hereafter be
amended, which are incorporated herein by this reference as terms and conditions of this Contract. The Contractor shall
also require compliance with these statutes and regulations in subcontracts and subgrants permitted under this Contract.
The Federal laws and regulations include:
- Age Discrimination Act of 1975 42 U.S.C. Sections 6101, et seq.
- Age Discrimination in Employment 29 U.S.C. 621-634
Act of 1967
- Americans with Disabilities Act 42 U.S.C. 12101, et seg.
of 1990(ADA)
- Equal Pay Act of 1963 29 U.S.C. 206(d)
- Immigration Reform and Control 8 U.S.C. 1324b
Act of 1986
- Section 504 of the Rehabilitation 29 U.S.C. 794
Act of 1973
- Title VI of the Civil Rights Act 42 U.S.C. 2000d
of 1964
- Title VII of the Civil.Rights Act 42 U.S.C. 2000e
of 1964
- Title IX of the Education Amendment 20 U.S.C. 1681, et seq.
of 1972
- Medicaid Law 42 U.S.C. 1396a
Page 14 of 18
Section 24-34-302, et seq., Colorado Revised Statutes 1997, as amended
The Contractor also shall comply with any and all laws and regulations prohibiting discrimination in the
specific program(s) which is/are the subject of this Contract. In consideration of and for the purpose of obtaining any
and all Federal and/or Slate financial assistance, the Contractor makes the following assurances, upon which the State
relies.
A. The Contractor will not discriminate against any person on the basis of race, color, national origin, age,
sex, religion and handicap, including Acquired Immune Deficiency Syndrome (AIDS) or AIDS-related
conditions, in performance of work under this Contract.
B. At all times during the performance of this contract, no qualified individual with a disability shall, by
reason of such disability, be excluded from participation in, or denied benefits of the service, programs, or
activities performed by the Contractor, or be subjected to any discrimination by the Contractor.
C. The Contractor shall take all necessary affirmative steps, as required by 45 CFR 92.36(e) and (Colorado
Ex. Order, Procurement Rules), to assure that small and minority businesses and women's business
enterprises are used, when possible, as sources of supplies, equipment, construction, and services
purchased under this Contract.
34. Drug Free Workplace
The undersigned certifies that to the best of his or her knowledge and belief the contractor is in compliance with the
requirements of the Drug-Free Workplace Act (Public Law 100-690, Title V, subtitle D, 41 USC 701 et seq.).
35. Lobbying
The undersigned certifies to the best of his or her knowledge and belief that:
1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of an agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with it instructions.
3) The undersigned shall require that the language of this certification be included in the award documents
for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made
or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed
by Section 1352, title 31, United States Code. Any person who fails to file the required certification shall be subject
to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure.
Page 15 of 18
As the authorized certifying official, I hereby certify that the above specified certifications are true.
a��
Signature
Dale K. Hall, Chair
Typed Name and Title
Date 05/05/99
Page 16 of 18
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 iess 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 subcon-
tractors 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 prose-
cution of the work the surety will day 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 :xecpted, 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 provi-
sion is :n compliance with CRS 3S-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 rnd all claims.dams.
ages, liability and court awards including costs,expenses, and attorney fees incurred as a result of any act or omission by the contractor. or its employees.
agents,subcontractors,or assignees pursuant to the terms of this contract.
DISCRIMINATION AND AFFIRMATIVE ACTION
5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law respecting
discrimination and unfair employment practices (CRS 24-34402), 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 employ-
ees are treated during employment,without regard to the above mentioned characteristics. Such action shall include,but not be limited to the following:
employment upgrading,demotion, or transfer, recruitment or recruitment advertisings; lay-offs or terminations; rates of pay or other forms of compen-
sation; 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 hand-
icap, or age.
f,-` The contractor will send to each labor union or representative of wcrkc.s with which he has a collective bargaining agrzem-int or other -nntrac:or under-
standing, 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 rules,regulations,and relevant Orders of the Governor.
(d)The contractor and labor unions will furnish ail information and reports required by Executive Order,Equal Opportunity and Affirmative Action of April
I6, 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 re?_uta:ions 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 indi-
vidual from membership in such labor organization or discriminate against any of its members in the full enjoyment 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, aoet,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 provision 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.
Form 6-AC-028
615-62-50-6035 Page 1L of _18 oaaes U,
(g) In the event of the contactors non-compliance with the non-discaamination clauses of this contract or with any of such rules,regulations,cr orders,this con-
tact may be canceled,terminated or su led in whole or in part and the contractor may be dec' ineligible for further State contracts in accordance with
procedures. authorized in Executive Oi, Equal Opportunity and Affirmative Action of April IL .75 and the ;vies,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 Orders,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,
(hl 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 contract-
ing agency may direct as a means of enforcing such provisions, including sanctions for non-compliance: provided, however,that in the event the con-
tractor 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 here-
under and are financed in whole or in part be 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 bid-
der 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 de:e;mined by the officer responsible for awarding the bid that compliance with this subsection.06 may cause denial of federal funds which would
otherwise be available or would otherwise be inconsistent with requirements of Federal law, this subsection shall be suspended, 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. An: 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 remain-
der of this contract to the extent that the contract is capable of execution.
8. At all times during the performance of this contract, the Contractor shall strictly adhere to all applicable federal and state laws, rules, and regulations that
have been or may hereafter be established.
9. 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 or child support arrearaees: (b)unpaid balance of tax,accrued interest,or other charges specified in Article 22.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 compensa-
tion fund: and(el 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 deter-
mination or reduced to judgment as certified by the controller.
10.The signatories aver that they are familiar with CRS 18-8301,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.
1 LThe signatories aver that to their knowledge,no state employee has any personal or beneficial interest whatsoever in the service or property described herein:
IN WITNESS WHEREOF,the parties hereto have executed this Contract on the day first above written.
Contractor: Weld County Board of Commissioners by and through STA OF COLORADO
the Weld County Division of Human Services' Bill 0 en GOVERNOR
Area Agency on Aging
(Full Legal t)...„,
•(�
.Q �t It''/C•,f�l� am .R EXECUTIVE DIRECTOR
Dale K. Ha:Lh_ _. " •
Position(Title) Chai• I I ` ' I (DEPARTMENT OF Health Care Policy and Financing
Social Sec ry N , r FeC Idriumbed
If Corporation: 84— i '1 0 .L•1
Attest(Seal)By u: APPROVALS Si�LR
Carpo�� Secretary,or Equivalent. ,ro� By llsuite Controller -
ATTORNEY GENERAL
Arthur Barnhart
•
E,
By ._
�o p E. Keebaug
Form 6-AC-02C
Revised 6/97
615-82-50-6038 Page 1 8 which is the last of LE L_
AG File No.p.is\c0rrrRAcmoFflctAIJSPECPkovDOC 'See instructions
Exhibit A
Methodology for Calculating Total Compensation and Monthly Payments to Contractor:
(1) Total compensation for the one-year term of the contract will be subject to adjustment in accordance with the
average number of community-based clients served by the Contractor during each of the first three quarters of the
contract term (7/1/99 - 9/30/99, 10/1/99 - 12/31/99, and 1/1/00 - 3/31/00). Payment to the Contractor will be
made in monthly installments, but the amounts contained in those monthly payments will be subject to adjustment in
accordance with the procedures described below.
(2) The "average number of community-based clients" shall be calculated as follows: A census of clients will be taken
each month by the state. The categories to be included in this census are:
(a) "HCA ONLY(Home Care Allowance Only)",
(b) "HCA-KING", (Home Care Allowance, Client sought services due to King lawsuit,
(c) "HCA + HCBS" (Home Care Allowance with Home and Community Based Services),
(d) " HCA PLUS HCBS - KING" (Home Care Allowance and Home and Community Based Services, client
sought services due to the King lawsuit)
(e) "AFC ONLY" (Adult Foster Care Only),
(f) "AFC + HCBS" (Adult Foster Care with Home and Community-Based Services),
(g) "HCBS-EBD ONLY" (Home and Community-Based Services for the Elderly, Blind, and Disabled Only),
(h) "HCBS-EBD-KING" (Home and Community Based Services for the Elderly, Blind and Disabled, client sought
services due to the King lawsuit)
(i) "HCBS-PLWA ONLY" (Home and Community-Based Services for Persons Living with AIDS Only), and
(j) "HCBS-BI ONLY" (Home and Community-Based Services for Persons with Brain Injury Only).
These categories are mutually exclusive and each case shall appear in only one category. Cases which may be
counted in these categories are those clients who have received at least one service which is eligible for
reimbursement under the program indicated, and who have not been terminated from the program. For each
quarter of the contract term, the Contractor's "average number of community-based clients" will be determined by
averaging the census for the three months in that quarter.
(3) In the event that the average number of community-based clients served by the Contractor during each of the first
three quarters of the contract term is between 41, the "Case Loss Threshold", and 416 clients, total compensation to
the Contractor for the entire contract term shall be in the amount of $348,608.00, which shall be known as the
"base contract amount." The figure of 416 clients shall be known as the "base client figure."
(4) During the first four months of the contract term (7/1/99 - 10/31/99), the Contractor shall be paid $116,203.00,
divided into four equal monthly payments. The compensation for the first four months is equal to one-third of the
base contract amount and assumes that the average number of community-based clients served by the Contractor
during the first quarter will equal the base client figure.
(5) Actual compensation to the Contractor during the second, third and fourth quarters of the contract term shall be
determined by comparing (1) the actual, average number of community-based clients served during the preceding
quarter with (2) the base client figure for the Contractor. Contractor may qualify for additional compensation as
indicated in the second paragraph below.
(6) If the average number of community-based clients served by the Contractor exceeds the base client figure during
any of the first three quarters of the contract term, total compensation to the Contractor shall be increased by $838
(Annual Rate)for each additional client beyond the base client figure.
Page 1 of 3
Exhibit A
The following examples illustrate the foregoing principle:
(A) If the Contractor's base client figure is 100 and the Contractor's average case count is 103 in each of the
first three quarters of the contract term, total compensation will be increased above the base contract
amount by 3 times $818 = $2,514.
(B) If the Contractor's base client figure is 100 and the Contractor experiences an average case count of 106,
106, and 108 during the first three contract quarters, total compensation will be increased above the base
contract amount by 8 times$838 = $6,704.
(C) If the Contractor's base client figure is 100 and the Contractor experiences an average case count of 102,
99, and 105 during the first three contract quarters, total compensation will be increased above the base
contract amount by 5 times$838 = $4,190.
(7) However, total compensation for the contract term shall not be increased under this mechanism by more than
$36,034.00 above the base contract amount, i.e., to a maximum total compensation of$384,642.00. The maximum
increase above the base contract amount under this mechanism represents 43 clients above the base client figure; the
figure of 459 client; shall be known as the "maximum reimbursable client figure." Payment of the additional
compensation shall be made in equal installments over the number of months remaining in the contract term.
(8) The State has incorporated an adjustment of the payment per client, based upon a performance based payment
component to the single entry point payment methodology. Under this payment methodology, if the contractor does
not meet the performance objectives as specified in Exhibit E to this contract, the effective rate per client for the
period July 1, 1999 through June 30, 2000 will be reduced to $818 per client and commensurate adjustment of
payments will be made. All other terms of the SEP payment methodology will remain the same with the exception
that the effective per client payment will be reduced to $818 per client for the entire contract period with
commensurate payment adjustments being made by the State.
(9) In the eventuality of an occurrence which will foreseeably cause rapid growth of the number of clients being served
by the Contractor, the State and the Contractor may mutually agree to compensation of the Contractor based on a
number of clients which exceeds the present quarterly average and which does not exceed the maximum
reimbursable client figure. If the average quarterly number of clients for which the Contractor is paid under this
type of agreement is not reached during the first, second or third quarters, the Contractor shall reimburse the State
for the difference in compensation between that average client count for which payment has been made and the
highest average client count which has occurred during the first, second or third quarters. If the Contractor has not
reimbursed the State, the State may also recoup the amount of reimbursement from any payments due under this
contract.
(10)If the average number of community-based clients served by the Contractor falls below 41 clients during any of the
first three quarters of the contract term, payment to the Contractor during the following quarter shall be decreased.
The amount of the decrease shall equal $209.50 times the figure obtained by subtracting (1) the average number of
community-based clients served during the preceding quarter from(2)the base client figure.
(11)After the client counts for the third quarter are reported (i.e., for months through March 1999), no later client
counts will be used in calculating the compensation for the contract term. It is possible that, following the third
quarter, some additional funds will become available to compensate SEP agencies which have experienced high
growth in their client case counts, such that they exceed the "maximum reimbursable client figure", during the first
three quarters of the contract term. Such additional funds, if any, would become available if one or more of the
SEP agencies does not reach its maximum reimbursable client figure during the first three quarters. In that event,
any excess available funds may be proportionately distributed among those SEP agencies which, during any of the
Page 2 of 3
Exhibit A
first three quarters, have experienced average client counts in excess of the maximum reimbursable client figures
stated in their current contracts. As part of its calculations for distributing such excess funds, the State shall
compute the largest difference between(a)each agency's average client case count in each of the first three quarters
and(b)that agency's maximum reimbursable client figure.
For example: consider agency A which has a maximum reimbursable client figure of 115 and experiences
average case counts of 110, 115, and 120 during the first three quarters of the contract term; and agency B,
which also has a maximum reimbursable client figure of 115 and experiences average case counts of 120, 120
and 120 during the same time period. Each of these agencies would be entitled to the same proportionate share
of excess SEP funds, if any, which become available through funds released from agencies which do not reach
the maximum reimbursable client figure after the third quarter of the contract term. Notification to the
Contractor by the State of changes in the maximum reimbursable client figure and the maximum total
compensation under the provisions of this paragraph shall be made to the Contractor by means of a change
order letter, made part hereof as Exhibit C. Such change order letter shall not be valid until approved by the
State Controller or such assistant as he may designate.
(12)If adjustments occur in the state and/or federal funds through supplemental funds which are appropriated for this
program, the funding available to the contractor for client caseload growth may be adjusted in proportion to the
overall change in appropriation. Adjusted funding shall be made available by notification to the contractor by the
state and shall not require amendment of this contract.
(13)The Contractor shall be reimbursed an amount of$90 for each client for whom assessment has occurred, and who
selects and is enrolled in the Total Long Term Care program, as long as funding remains available for this purpose.
In the eventuality that the annual funding available for this service has been expended, the state will notify, through
the "Dear Administrator Letter" system, all Single Entry Point Contractors that payment will no longer be
available. These payments are on a fee for service basis and are not encumbered as a part of this contract.
Page 3 of 3
Exhibit B
Payment Methodology for Deinstitutionalization Activities
Billing/Payment Procedure
(1) The State shall establish billing procedures and reimburse the Contractor in such amounts as may from time to time
be specified by the State pursuant to applicable federal and state statutes and regulations Total compensation to the
Contractor under this contract shall not exceed the limitation contained in the General Provision entitled
"Compensation/Maximum Payable."
(2) The Contractor shall receive state and federal funds in monthly payments from the State as set forth in paragraph 3
of this exhibit. Allowable agency expenditures are set forth by Federal rules, CFR Title 45, Part 74, Appendix G;
Office of Management and Budget Circular A-87 or A-122, whichever is applicable; and the U.S. Department of
Health and Welfare, December 1976, Cost Principles and Procedures for Establishing Cost Allocation Plans and
Indirect Cost Rates for Grants and Contracts with the Federal Government as indicated presently or amended in the
future.
(3) The Contractor shall be reimbursed S270 per client for each nursing facility client for whom Contractor performs an
informational interview and a deinstitutionalization potential evaluation. The Contractor shall be reimbursed an
additional sum of S200 per client for each client who elects to leave a nursing facility, receive care in a community
setting, and for additional required research related to client monitoring and reporting of client specific and
summary information as required by the deinstitutionalization project.
(4) State payments to Contractor for deinstitutionalization activities are not subject to reimbursement to the State based
on contractor cost to provide the services.
(5) The Contractor shall be reimbursed as specified in paragraph 3 of this exhibit, from funds specified for this purpose
in Paragraph 4 of the Single Entry Point Agency Contract.
Page 1 of 1
Exhibit C
Change Order Letter
Date:
State Fiscal Year: 2000
Change Order Letter No. I
In accordance with Paragraph 10 of Page 2 of Exhibit A of contract routing number between the State of
Colorado Department of Health Care Policy and Financing and covering the
period of July 1, 1999 through June 30, 2000 the undersigned agree the first sentence of Paragraph 4, Page 5,
Price/Cost is hereby amended to read:
The State shall reimburse the contractor's reasonable, allowable costs, as defined herein, not
exceeding $ for work associated with the Scope of Work described under paragraph 2(a) above.
This constitutes a(n) (increase or decrease) in the maximum compensation to be made to the Contractor by the State
under this contract of S.
The sentences on Page 2 of Exhibit A to the contract which now read:
However, total compensation for the contract term shall not be increased under this mechanism by
more than $ _above the base contract amount, i.e., to a maximum total compensation of S .
The maximum increase above the base contract amount represents clients above the base
client figure; the figure of shall be known as the "maximum reimbursable client figure".
are amended to read:
However, total compensation for the contract term shall not be increased under this mechanism by
more than S above the base contract amount, i.e., to a maximum total compensation of$
The maximum increase above the base contract amount represents _clients above the base
client figure; the figure of shall be known as the "maximum reimbursable client figure".
This amendment to the contract is intended to be effective as of , but in no event shall it be deemed
valid until it shall have been approved by the State Controller or such assistant as he may
designate.
Page I of 2
Please sign, date, and return all copies of this letter on or before
Contractor Name: State of Colorado:
Bill Owens, Governor
By: By:
Name Executive Director
Title Colorado Department of Health Care
Policy and Financing
APPROVALS:
By: By:
For State Controller or
Division Authorized Designee
Page 2 of 2
Exhibit D
OPTIONS FOR LONG TERM CARE DATA SYSTEM
LETTER OF AGREEMENT
Purpose: This letter of agreement for the installation and testing of the Options for Long Term Care Data System
(OLTC-DS), training of the OLTC staff and supervisors, helping with the conversion of OLTC staff to automated
processing, problem identification and resolution and ongoing maintenance, between the Options for Long Term
Care Agency (OLTC), I:he Colorado Foundation for Medical Care (CFMC)and the Colorado Department of Health
Care Policy and Financing (HCPF) must be signed by all parties prior to installation.
This agreement is made by and between the Colorado Department of Health Care Policy and Financing
(referenced as DHCPF or State), the Colorado Foundation for Medical Care (referenced as CFMC) and
(referenced as Agency).
The goal of this agreement is to foster an environment of cooperation, mutual assistance, and self-reliance. It is
understood that this agreement is subject to modification, revision or termination due to changes in federal or
state laws and regulations pertaining to Medicaid and other State funded Medical Service programs and is subject
to available appropriations.
The Options for Long Term Care Data System (OLTC-DS) includes electronic formats of the OLTC Intake and
Care Plan forms, the ULTC-100 (also known as the Assessment form) and the Discontinuation form. The ULTC-
100 is uploaded to the Colorado Foundation for Medical Care for review and approval. In order to automate these
tasks, the Data System provides several processes such as "End of Day" and "Start of Day." One feature of the
Data System is the tracking module for use by the OLTC agency to identify due dates, CSRs, etc. There are also
management reports associated with the system.
A. The State will:
1. Contract for the provision of the Options for Long Term Care Data System (OLTC-DS), including the software
development, modification, and enhancement.
2. Purchase one personal computer, modem, and printer for the use of each agency.
3. Work with both the OLTC agency and the Colorado Foundation for Medical Care to assure the Data System
meets the functional and quality needs of the agencies.
4. Test all software, including enhancements and modifications, prior to release to the OLTC.
5. Approve all software and related documents (such as user manuals) prior to release to the OLTC agency.
6. Mediate any disputes between CFMC and the OLTC agency.
7. Schedule and conduct regular meetings of the Data System's Users Group
8. Publish, in conjunction with CFMC, the Data System Update. These updates will be done quarterly, or more
often as needed
B. The Colorado Foundation for Medical Care (CFMC) will:
1. Be responsible for installation, testing, and maintenance of the hardware and software supplied by the State.
2. Develop, test, maintain, and install at the Agency, the Options for Long Term Care Data System and related
components.
3. Provide technical expertise and assistance to the Agency to resolve problems encountered with the OLTC-DS
or State-purchased equipment when requested by the Agency. Technical advice may be given regarding the
purchase of computer equipment, networking, and other software products.
Page 1 of 3
4. Respond to each problem or request for assistance from the Agency lead person within one working day of
notification of a problem. CFMC will resolve the problem within two working days if the problem is causing the
OLTC Data System to be unusable or within seven working days if the problem is not disrupting service. If
the problem is major or on-going, CFMC will notify the State within two working days of the nature of the
problem and the plan for resolution.
5. Conduct on-site training on the OLTC Data System for all Agency staff and supervisors who will be using the
OLTC Data System.
6. Determine, with the Agency, the training schedule and format. CFMC will provide up-to-date procedure
manuals to each trainee. The manuals will be updated or replaced as changes are made in the Data System
or its related components.
7. Maintain a problem log which identifies each call for technical assistance or problem resolution. The log will
contain the nature of the problem or question, the date and time the Agency notified CFMC, the date and time
CFMC responded lo the Agency, and the resolution of the problem.
8. Assist in identifying and resolving problems with other computer hardware, software or networks at the
Agency. CFMC will assist in resolving problems caused by the installation and operation of the OLTC Data
System to the Agency's computer network.
9. Consult with Agency's identified lead contact person and the Agency's network administrator or their designee
if any modification l:o the Agency's equipment, software or network is needed. CFMC will assist the agency in
their modification/maintenance efforts.
C. The Agency will:
1. Assign a lead contact person to work with CFMC and the State. This lead person will represent the Agency at
all User's Group meetings, identify problems or concerns about the OLTC Data System to both CFMC and
the State, and be the central contact for all staff at the agency regarding the OLTC Data System. This person
should have previous experience working with computers (more than novice skills in computer literacy and
Windows), the ability to communicate Data System problems in a clear and concise manner, and the ability to
document problems encountered with the system.
2. Provide adequate space, electricity, and ventilation for the State-purchased computer equipment. The space
will allow for easy access by all case managers and supervisors who need to use the machine. Hardware
and software documentation will be located with the equipment. The State-purchased equipment will be
returned to the State should the Agency cease to be an approved OLTC agency.
3. For any additional computers on which the Agency wishes to have the OLTC Data System installed, the
equipment must meet or exceed the minimum standards as published in the Data System Update. Purchase
of additional computers will be the Agency's responsibility
4. Ensure staff and supervisors of the Agency who will be using the computerized OLTC Data System attend the
training provided by CFMC. This includes but is not limited to: attending all sessions of training, being on
time for the training sessions, and staying for the full training. If staff have never used a computer before,
computer literacy and basic Windows training will be given to them through a supervisor, a co-worker, or
through other training resources (such as community schools, colleges, or other private training) prior to the
installation training.
5. Ensure that staff keep their computer skills active by using the Data System, and by providing refresher
sessions when skills have not been used consistently.
6. Train all new employees who will be using the computerized OLTC Data System. Training can be done by a
supervisor or a co-worker who is skilled with the Data System. CFMC will not be responsible for training new
staff.
7. Call CFMC immediately when any problems with the state-purchased hardware or the Data System software
occurs.
8. Maintain a problem log following installation of the OLTC Data System. The log should identify the nature of
the problem, the staff encountering the problem, the date and time that CFMC was notified of the problem, the
date and time that CFMC responded to the Agency, and the resolution of the problem. For the first three
months of implementation, the problem logs will be submitted to CFMC and the State at the end of each
month.
Page 2 of 3
9. Responsible for the installation, testing and ongoing maintenance of other hardware, software or networks
within the agency.
, HCPF Date
, CFMC Date
Page 3 of 3
Exhibit E
Performance Based Payment Methodology
(I) (a)The contractor will receive the full per client payment by achieving three of the four performance standards
listed below. Attainment of the minimum required number of performance standards must be achieved and
certified by the State by January 15,2000. Payments by the State prior to January 15,2000, shall be made at a
rate of $838 per eligible client as described in Exhibit A to this contract.
(b) If three of four performance standards are not achieved and certified by the State by January 15,2000, the
State will deduct from the remaining payments a total amount that adjusts the rate per client to$818 for clients
served throughout the period from July I, 1999 through June 30,2000 under the payment methodology
described in Exhibit A to this contract. Payment adjustments shall be made for average quarterly caseload
counts for the first, second and third quarters of the contract year as encompassed in Exhibit A to this contract.
(2) PERFORMANCE STANDARDS AND QUALIFICATION
(2A) Obtaining qualifying training for single entry point case management.staff:
(a) This performance standard is achieved by the contractor, individually or in conjunction with other single
entry point contractors,providing at least sixteen hours of training for case management staff within the
period April 1, 1999 through January 15,2000. Contractors may also submit to the State copies of signed
contracts or other written and signed documentation of commitment for qualifying training scheduled
between January 15,2000 and March 31, 2000 for credit toward the meeting of this standard.
(b) The required training must qualify under the list attached as Exhibit F.
(c) Training provided after April 1, 2000 shall become eligible to fulfill training requirements in the contract for
July 1,2000 through June 30, 2001.
(d) Contractor must obtain this training from qualified trainers as determined by the State. The qualifications of
the trainer(s)and a proposed training agenda of information to be provided must be submitted to and
approved by the State. Contractors may also submit medically oriented courses appropriate for case
management staff in long term care as indicated in the last item of Exhibit F.
(e) As training throughout the state occurs, the State will compile a list of training topics and skilled qualifying
trainers who can be used for training by other single entry point contractors. As the State and agencies
identify training sessions which qualify under the State's requirements,the State will provide to contractors a
listing of train'ng topics and trainers which are pre-approved and which contractors may provide to staff at
their discretion.
(t) Qualifying training must be given to all staff who perform as direct case manager supervisors or who interact
with clients in a direct case management provision role. This includes case manager supervisors, case
managers,case aides, intake staff, clerical staff who provide quarterly utilization and review contact, or other
staff who provide one or more case management functions. This does not include support staff who only
refer clients to direct case management staff.
(g) Staff hired between July 1, 1999 and November 1, 1999 shall have a pro-rated training requirement as
follows:
• Persons with hiring dates between July I, 1999 and August 30, 1999 shall be required to be provided 12
hours of training.
• Staff hired between September I, 1999 and October 31, 1999 shall be required to be provided 6 hours of
training.
• Staff hired after November 1, 1999 shall be required to be provided no hours of training until a new
training cycle begins on April 1,2000.
(h) The training requirement for part-time staff to meet this standard shall be pro-rated as follows:
• Staff who participate in single entry point activities at the level of.01 FTE to .24 FTE shall be provided
4 hours of qualifying training.
• Staff who participate in single entry point activities at the level of.25 FTE to .49 FTE shall be provided
with 8 hours of qualifying training.
• Staff who participate in single entry point activities at the level of.50 FTE to .99 FTE shall be provided
with 16 hours of qualifying training.
Page 1 of 2
Exhibit E
(2B) Completeness, accuracy and adequacy of client assessment using the ULTC-100:
(a) Contractors achieving this performance standard are required to submit an average of 90%of the assessments
and reassessments to CFMC over at least a contiguous four month period in sufficient completeness,accuracy
and adequacy that a return call or fax for the purpose of obtaining additional ULTC-100 encompassed
information is not required from CFMC intake unit staff. Contractors who submit fewer than 10 assessments
or reassessments during a four month period shall qualify by having no more than 1 return call or fax for the
purpose of obtaining additional ULTC-100 information for the CFMC intake unit staff.
(b) Telephone calls or faxes by CFMC to obtain information not normally encompassed by the ULTC-100 are not
included for calculation of this standard.
(c) CFMC shall provide a monthly report to the State and to the contractor which calculates the number of client
assessments and reassessments being submitted and the number of clients for whom faxes or return calls were
required for contractor's SEP district and which provides the names of clients, social security numbers and a
summary statement of the nature of the reason(s) for the return call or fax.
(d) Specific ULTC-I00 information that must be submitted completely, accurately and adequately is listed in
Exhibit G to this contract.
(2C) Qualifying Attendance at Home Health Training:
(a) During the July through September 1999 period,the State shall provide training in relation to Home Health
services for long term care clients.
(b) Qualifying contractors under this standard will have at least eighty percent of their staff attend this training and
(c) At least eighty percent of those staff who attend will pass the post test of a pre-post test to be provided by the
state trainer(s).
(2D) Cross-disciplinary staff:
(a) Contractors qualifying under this standard shall employ or contract for services of nursing trained or social
sciences trained case manager personnel who are trained in the discipline not predominantly held by the current
case management staff Predominantly social sciences staffed single entry point contractors could qualify by
employing as a regular member of their staff or by contracting for services of persons possessing nursing
qualifications as registered nurses. Predominantly nursing staffed contractors could qualify by employing as a
regular member of their staff or by contracting for the services of at least one case manager possessing bachelor
level social sciences training.
(b) Staff employed or whose contract services are obtained must meet staffing requirements specified in the single
entry point regulations. Wavering of staffing qualifications under the regulations and this paragraph may be
submitted to one must be approved by the State on an individual agency basis. Contractors who have in
previous years begun the practice of employment of cross-disciplinary staff shall be considered qualified under
this standard as•ong as the cross-disciplinary staffing continues or service contract continues.
(c) Staff whose services are being obtained must possess experience in working with clients who require long term
care.
(d) For a contractor to qualify under this standard,they must submit to the State a description of the employment
or contractual relationship which is being proposed to obtain the cross-disciplinary staffing. The description
must include a description of how the relationship is perceived to be adequate to serve the needs of the
contractor's part cular caseload size,the credentials of the person(s)whose services are being obtained, and a
background summary of each cross-disciplinary staff member's experience in working with clients who require
long term care. The description must also indicate the proposed accessibility to the agency staff and must
specify a minimum number of hours the cross-disciplinary person(s)will be available in person per month for
staffing cases and/or to answer questions. For example the description may indicate that:
"the person(s)will attend staffings or other meetings with the single entry point case managers in which
client needs are being reviewed and decisions made in regard to their care and.will be available by telephone
and fax for discussions in regard to individual clients. The person will be available on-site at the single
entry point agency at least eight hours per month."
Page 2 of 2
Exhibit F
Recommended List of Courses for
Performance Based Qualification
Qualification is sixteen hours per year to encompass training as follows:
Course description and trainer credentials to teach course must be submitted in advance to the state
for qualification.
(A) Diabetes Management
(B) Progression and Management of Chronic Congestive Heart Failure
(C) Progression and Management of Chronic Lung Diseases
(D) An Overview cf Radiation and Chemotherapy in Respect to the Physical and Emotional Impact
on the Client Receiving These Treatment Modalities
(E) An Overview of the Normal Aging Process with an Emphasis on Normal Functional Decline
(F) Assisting the Younger Disabled Client:
• Newly Disabled: Grieving and Adjustment to the Disability
• Chronically Disabled: Coping Skills in Regard to the Disability
(G) An Overview of Dementia
(H) A Brief Overview of the Major Psychiatric Disorders, i.e., Bipolar, Depression, Schizophrenia,
Borderline Personality Disorder and How Aging and/or Disability Impacts Them.
(I) Functional Evaluation of Cognitive Impairment from Brain Injury--Creating a Care Plan to
Address Care Needs
(J) Neurobehavioral Consequences of Brain Injury Treatment Planning and Management
(K) The Grieving Process
(L) Medical Terminology
(M)Interviewing Techniques
(N) Common Drug Interactions
(0) Other topics to be proposed by SEP(s) submitted with course description and trainer credentials
to teach the course. Must be approved in advance by the State.
Page I of 1
Exhibit G
ULTC 100 Data Field Requirements
The process of submission of the ULTC 100 information is described as follows:
I. ULTC 100 faxes are received at the CFMC intake unit, reviewed for completion and logged into the
computer by the customer service representatives.
2. Missing data field requirements are identified and entered into the fax log.
3. A telephone call is made or a fax is sent to the OLTC agency informing them of the missing data field
requirements.
Legible handwriting must be used throughout the ULTC 100:
Contractor must submit ULTC 100 forms which include the following information:
(a) State Identification Number or Date and County of Application
(b) Date of Birth
(c) Social Security Number
(d) Sex
(e) Physician's Signature
(0 Physician's Printed Name
(g) Physician's License Number
(h) Physician's Telephone Number
(i) Date of Physician's Signature
(j)Diagnosis/es
(k)Pages 3a and 3b:
On page 3a and 3b of the ULTC 100, a number from 0 through 3 must be circled for each client functional
capacity measure. For client functional capacity scores from I to 3, entries must be made in the column
entitled "Describe Client Functioning". If no entries appear for scores 1 through 3,the CFMC intake unit
will telephone or fax the contractor agency for completion of this column and the return will be included in
the calculation of the index to be used for the performance based standard.
Page 1 of 5
Entries of a subjective nature as follow are queried to the contractor only by the CFMC nurse reviewers,
rather than the intake unit, and are not included in the calculation of the index to establish the performance
standard. These entries describe why the client requires services for each functional category. While they are
not included in the calculation of the index for the standard, they are important for rapid evaluation and to
reduce queries from the CFMC nurse reviewers.
Notes:
1. Please describe all safety issues related to any of the areas under Behavior. The behavior area, Page
5, Question 20, gives you a better chance than on page 3 to be more specific and leaves you room on the
page 3s to include more information.
2. If you need additional space to describe your clients needs, please use the comment section on page 6.
3. If you are goirg to utilize the wording"due to", please refer to a specific diagnosis if the diagnosis is
identifiable. This allows the nurse reviewer to understand which condition is causing a particular
functional deficit..
Transfers:
If the diagnoses shown on page 1 do not readily explain why the client requires transfer
assistance, please explain why.
Does the client manage by himself/herself?
Type of assistance required?
How often is human assistance required?
Who assists the client?
Bowel and Bladder:
If the diagnoses shown on page 1 do not readily explain why the client requires bowel and/or
bladder care, please explain why.
Is the client incontinent?
How many times per day/week is the client incontinent?
Is the client incontinent during the day, at night, or both?
Does the client manage the incontinence by himself/herself?
How often is human assistance required?
Who manages the incontinence?
If the client has an ostomy or catheter:
Who manages it?
Does the client require assistance to manage it?
How often is assistance required?
Mobility:
If the diagnoses shown on page 1 do not readily explain why the client requires mobility
assistance, please explain why.
What is the client's level of mobility?
Does the client manage by himself/herself?
Does the client utilize any assistive devices? Please list them.
How often does the client require human assistance?
Who provides this assistance?
Does the client require assistance outside the home? If so, how often and what type?
Page 2 of 5
Dressing:
If the diagnoses shown on page 1 do not readily explain why the client requires dressing
assistance, please explain why.
Does the client require assistance? None, partial or complete?
What does he/she need assistance with? Everything, selection, buttons, tying shoes?
How often does the client require assistance?
Who provides the assistance?
Bathing:
If the diagnoses shown on page 1 do not readily explain why the client requires bathing
assistance, please explain why.
Does the client manage by himself/herself?
What type of assistance does he/she need?
Who assists him/her?
Hygiene:
If the diagnoses shown on page 1 do not readily explain why the client requires hygiene
assistance, please explain why.
Does the client manage by himself/herself?
What type of assistance does he/she require?
Who provides the assistance?
How often does he/she get help?
Eating:
If the diagnoses shown on page I do not readily explain why the client requires eating
assistance, please explain why.
Does the client manage by himself/herself?
What type of assistance does he/she require?
Who provides the assistance?
How often does he/she require assistance?
Meal Preparation/Housework/Laundry/Shopping:
If the diagnoses shown on page 1 do not readily explain why the client requires meal
preparation, housework, laundry and/or shopping assistance, please explain why.
Does the client manage by himself/herself?
What type of assistance does he/she require?
Who provides the assistance?
How often does he/she require assistance?
Medicine Management:
If the diagnoses shown on page 1 do not readily explain why the client requires medical
management assistance, please explain why.
Does the client manage by himself/herself?
What type of assistance does he/she require?
Who provides the assistance?
How often does he/she require assistance?
Page 3 of 5
Appointment/Money Management, Access Resources, Telephone:
If the diagnoses shown on page I do not readily explain why the client requires appointment,
money management, access resources and/or telephone assistance, please explain why.
Does the client manage by himself/herself?
What type of assistance does he/she require?
Who provides the assistance?
How often does he/she require assistance?
Pages 6 and 7 include further essential fields as follow which are included in the calculation of the index for
performance based payment purposes:
Page 6:
Name
Agency
Date
Phone Number
Include the specific services that the client needs in the comment section of page 6. This is most important
for both Admission and CSRs. The Nurse Reviewer utilizes this information when scoring and the physician
reviewer refers to it should the client be denied.
Page 7 (Admissions only)
Assessor Signature
Date of Birth
Social Security Number
Signature
The contractor shall contact the following persons in order to discuss issues of disagreement or
return due to oversight:
Step 1
Kristen Stone Customer Service Representative 303 695-3340 Ext. 3044
or
Wade Stiggins Customer Service Representative 303 695-3340 Ext. 3067
Step 2
•
Judy Helms LTC Manager 303 695-3340 Ext. 3112
Page 4 of 5
Step 3
Michael McGuire State Single Entry Point Program Administration 303 866-2694
Or, in his absence
Joan Bell State Single Entry Point Program Administration 303 866-2883
Page 5 of 5
Exhibit H •
Change Order Letter
Date:
State Fiscal Year:
Change Order Letter No.
In accordance with Paragraph 4 of Page 5 of contract routing number between the State of Colorado
Department of Health Care Policy and Financing and
covering the period o`July 1, 1999 through June 30, 2000, the undersigned agree the first sentence of
Paragraph 4, Page 5, "Price/Cost"which reads:
The State shall reimburse the contractor's reasonable, allowable costs, as defined herein, not exceeding $
for work associated with the Scope of Work described under paragraph 2(b), Scope of Work in Regard to
Deinstitutionalization Activities, above.
is hereby amended to read:
The State shall reimburse the contractor's reasonable, allowable costs, as defined herein, not exceeding $
for work associated with the Scope of Work described under paragraph 2(b), Scope of Work in Regard to
Deinstitutionalization Activities, above.
This constitutes an increase/decrease in the maximum compensation to be made to the Contractor by the
State under this contract of$
This amendment to the contract is intended to be effective as of , but in no event shall it 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 copies of this letter on or before 19 .
Contractor Name: State of Colorado:
Bill Owens, Governor
By: By:
Name Executive Director
Title Colorado Department of Health Care
Policy and Financing
APPROVALS:
By: By:
Provider Rates and State Controller or
Finance Division Authorized Designee
Page 1 of 1
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