HomeMy WebLinkAbout952076.tiffRESOLUTION
RE: APPROVE AMENDMENT #1 TO CONTRACT FOR HEALTH CARE PROGRAM FOR
CHILDREN WITH SPECIAL NEEDS BETWEEN HEALTH DEPARTMENT AND
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AND
AUTHORIZE CHAIRMAN TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with Amendment #1 to the Contract for the
Health Care Program for Children With Special Needs between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Weld County Health Department, and the Colorado Department of Public Health and Environment,
commencing October 1, 1995, and ending December 31, 1995, with further terms and conditions
being as stated in said amendment, and
WHEREAS, after review, the Board deems it advisable to approve said amendment, 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 Amendment #1 to the Contract for the Health Care Program for Children
With Special Needs between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, on behalf of the Weld County Health Department, and the
Colorado Department of Public Health and Environment be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized
to sign said amendment.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 4th day of October, A.D., 1995.
Amity Clerk to the Board
VVef
B+r•( a 1) D
Deputy Cle�L vi1to the Board
APPROVED AS TO FORM:
anti ttorney
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
FXCIIsEn IlATF C)F SIfNINf
Dale K. Hall, Chairman
(AYF)
arbarJ. Kirkmeyer,-Pf Te ar rim
Jorge ?Baxter
Constance L. Harbert
L FA,
W. H. Webster
952076
&' ; n't SjA TE HL0021
IIEPARIMENF OK AC FNCY NAME
HEALTH
o,]'ARIMFNr OK AGENCY NOMOFH
FAA
cONIRACr MENINE NUMBER
961435
AMENDMENT#1
CONTRACT
THIS CONTRACT, Made this 16th day of August 199 5 , by and between the State of Colorado
for the use and benefit of the Department of 'l Public Health and Environment. 4300 Cherry Creek Drive
South. Denver, Colorado 80222-1530 hereinafter referred to as the State, and '2 Weld County Health
Department. 16th Avenue Court. Greeley, Colorado 80631 hereinafter refereed io as toe Contractor,
WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and
otherwise made available and a sufficient uncommitted balance thereof remains available for
encumbering and subsequent payment of this contract under Encumbrance Number FAA HCP950471
in Fund Number 100 , Appropriation Account 606, and Organization 6820 ; and
WHEREAS, required approval, clearance and coordination has been accomplished from and with
appropriate agencies; and
WHEREAS, .3 the State is charged with operating the Health Care Program for Children With
Special Needs (HCP) (hereafter, referred to as the Program), and does so through its Family and
Community Health Services Division (hereafter, the State and its Family and Community Health Services
Division will be referred to collectively as the State); and
WHEREAS, the State, through the Program, has been mandated to provide care coordination
services for Program eligible recipients: and
WHEREAS, the State has entered into a contract with the Contractor to provide care coordination
services to Program eligible recipients; and
WHEREAS, it is the intention of the parties to amend and increase the original contract FM
HCP950471, routing number 950471 by TWENTY-TWO THOUSAND EIGHT HUNDRED THIRTY-FIVE
DOLLARS AND ZERO CENTS ($22,835.00) to a new total of ONE HUNDRED TWENTY THOUSAND
FOUR HUNDRED NINETY DOLLARS AND ZERO CENTS ($120,490.00) to extend the term of the
contract.
NOW THEREFORE, it is hereby agreed that for and in consideration of their mutual promises to
each other, hereinafter stated, the parties hereto agree as follows:
1. Consideration for this amendment to the original contract consists of the payments which
shall be made pursuant to this amendment and the promises and agreements herein set forth.
2. It is expressly agreed by the parties that this contract is supplemental to the original contract
dated the 1st day of October 1994, which is by this reference made a part hereof as Appendix
A, and all the terms, conditions, and provisions thereof, unless specifically modified herein, are
to apply to this amendment and are made part of this amendment as though they were expressly
re -written, incorporated and included herein.
3. It is agreed that the original contract between the State of Colorado for the use and benefit
of the Weld County Health Department, shall be, and herein modified, altered and changed in the
Page 1 of 6 pages
a. By eliminating and striking out from the original contract, paragraph 4, the words and
figures NINETY-SEVEN THOUSAND SIX HUNDRED FIFTY-FIVE DOLLARS AND
ZERO CENTS ($97,655.00) and September 30, 1995 and substituting the words and
figures ONE HUNDRED TWENTY THOUSAND FOUR HUNDRED NINETY
DOLLARS AND ZERO CENTS ($120,490.00) and December 31, 1995
b. By eliminating and striking out from paragraph 4B the words and figures September
30, 1995 and substituting the words and figures December 31, 1995.
c. By eliminating and striking out from the original contract paragraph 13 the words and
figures September 30, 1995 and substituting the words and figures December 31,
d. By adding to the original contract FAA HCP950471 paragraph 15 as follows:
15. The Contractor agrees to notify the State of any changes in personnel and
any anticipated vacancy savings if the vacancy is expected to exist for one month or
longer.
e. By eliminating ATTACHMENT C from the original contract and substituting the
AMENDED ATTACHMENT C, and by this reference is made a pad herein.
4. In the event of any conflict, inconsistency, or incongruity between the provisions of this
amendment and any of the provisions of the original contract the provisions of this amendment
shall in all respects govern and control.
5. These additional funds are awarded for the provision of extending the original contract.
6. The effective date of this amendment is October 1, 1995.
Page 2 of 6 pages
COLORADO DEPARTMENT OF HEALTH - hereinafter, under the General Provisions referred to as "Health".
GENERAL PROVISIONS -- page 1 of 2 pages
1. 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 withholding, 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.
Contractor will be solely responsible for its acts and the acts of its agents, employees, servants and subcontractors during the
performance of this contract.
2. Contractor authorizes Health, or its agents, to perform audits and to make inspections for the purpose of evaluating
performance under this contract.
3. Either party shall have the right to terminate this agreement by giving the other party thirty days notice by registered mail,
return receipt requested. If notice is so given, this agreement shall terminate on the expiration of the thirty days, and the liability
of the parties hereunder for the further performance of the terms of this agreement shall thereupon cease, but the parties shall not
be relieved of the duty to perform their obligations up to the date of termination.
4. This agreement 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 embodies herein
in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless
embodies in a written contract executed and approved pursuant to the State Fiscal Rules.
5. If this contract involves the expenditure of federal funds, this contract is contingent upon continued availability of federal
funds for payment pursuant to the terms of this agreement. Contractor also agrees to fulfill the requirements of:
a) Office of Management and Budget Circulars A-87, A-21 or A-122, and A-102 or A-110, which ever is applicable;
b) the Hatch Act (5 USC 1501-1508) and Public Law 95-454 Section 4728. These statutes state that federal funds cannot
be used for partisan political purposes of any kind by any person or organization involved in the administration of federally -assisted
programs;
c) the Davis -Bacon Act (40 Stat. 1494, Mar. 3, 1921, Chap. 411, 40 USC 276A -276A-5). This act requires that all
laborers and mechanics employed by contractors or sub -contractors to work on construction projects fmanced by federal assistance
must be paid wages not less than those established for the locality of the project by the Secretary of Labor;
d) 42 USC 6101 et seq, 42 USC 2000d, 29 USC 794. These acts require that no person shall, on the grounds of race, color,
national origin, age, or handicap, be excluded from participation in or be subjected to discrimination in any program or activity
funded, in whole or in part, by federal funds; and
e) the Americans with Disabilities Act (Public Law 101-336; 42 USC 12101, 12102, 12111 - 12117, 12131 - 12134,
12141 - 12150, 12161 - 12165, 12181 - 12189, 12201 - 12213 and 47 USC 225 and 47 USC 611;
f) if the contractor is acquiring real property and displacing households or businesses in the performance of this contract,
the contractor is in compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act, as amended
(Public Law 91-646, as amended and Public Law 100-17, 101 Stat. 246 - 256);
g) when applicable, the contractor is in compliance with the provisions of the "Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments (Common Rule).
Page 3 of 6 Pages
Rev. 06/01/92 (GEN070595)
GENERAL PROVISIONS --Page 2 of 2 pages
6. By signing and submitting this contract the contractor states that:
a) the contractor is in compliance with the requirements of the Drug -Free Workplace Act (Public Law 100-690 Title V,
Subtitle D, 41 USC 701 et seq.);
b) the contractor is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from covered transactions by any federal department or agency.
7. To be considered for payment, billings for payment pursuant to this contract must be received within 60 days after the period
for which payment is being requested and final billings on the contract must be received by Health within 60 days after the end of
the contract term.
8. If applicable, Local Match is to be submitted on the monthly payment statements, in the column provided, as required by
the funding source.
9. If Contractor receives $25,000.00 or more per year in federal funds in the aggregate from Health, Contractor agrees to have
an annual audit, by the independent certified public accountant, which meets the requirements of Office of Management and Budget
Circular A- 128 or A-133, whichever applies. If Contractor is required to submit an annual indirect cost proposal to Health for
review and approval, Contractor's auditor will audit the proposal in accordance with the requirements of OMB Circular A-87, A-21
or A-122. Contractor agrees to furnish one copy of the audit reports to the Health Department Accounting Office within 30 days
of their issuance, but not later than nine months after the end of Contractor's fiscal year. Contractor agrees to take appropriate
corrective action within six months of the report's issuance in instances of noncompliance with federal laws and regulations.
Contractor agrees to permit Health or its agents to have access to its records and financial statements as necessary, and further agrees
to retain such records and financial statements for a period of three years after the date of issuance of the audit report. This contract
does contain federal funds as of the date it is signed. This requirement is in addition to any other audit requirements contained
in other paragraphs within this contract
10. Contractor agrees to not use federal funds to satisfy federal cost sharing and matching requirements unless approved in
writing by the appropriate federal agency.
Page 4 of 6 Pages
Rev. 06/01/92 (GEN070595)
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 works for this State, the contractor shall, before entering upon the
performance of any such work included in this contract, duly execute and deliver to the State official who will sign the contract, a good and sufficient
bond or other acceptable surety to be approved by said official in a penal sum not less than one-half of the total amount payable by the terms of this
contract. Such bond shall be duly executed by a qualified corporate surety conditioned upon the faithful performance of the contract, and in addition,
shall provide that if the contractor or his subcontractors fail to duly pay for any labor, materials, team hire, sustenance, provisions, provendor or
other supplies used or consumed by such contractor or his subcontractor in performance of the work contracted to be done or fails to pay any person
who supplies rental machinery, tools, or equipment in the prosecution of the work the surety will pay the same in an amount not exceeding the sum
specified in the bond, together with interest at the rate of eight per cent per annum. Unless such bond is executed, delivered and filed, no claim in
favor of the contractor arising under such contract shall be audited, allowed or paid. A certified or cashier's check or a bank money order payable
to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance with CRS 38-26-106.
INDEMNIFICATION
4. To the extent authorized by law, the contractor shall indemnify, save, and hold harmless the State, its employees and agents, against any and all
claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the contractor,
or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract.
DISCRIMINATION AND AFFIRMATIVE ACTION
5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law
respecting discrimination and unfair employment practices (CRS 24-34-402, and as required by Executive Order, Equal Opportunity and Affirmative
Action, dated April 16, 1975. Pursuant thereto, the following provisions shall be contained in all State contracts or sub -contracts.
During the performance of this contract, the contractor agrees as follows:
(a) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, marital
status, religion, ancestry, mental or physical handicap, or age. The contractor will take affirmative action to insure that applicants are employed,
and that employees are treated during employment, without regard to the above mentioned characteristics. Such action shall include, but not be
limited to the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; lay-offs or terminations; rates of
pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be provided by the contracting officer setting forth provisions of this non-
discrimination clause.
0,) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants
will receive consideration for employment without regard to race, creed, color, national origin, sex, marital status, religion, ancestry, mental or
physical handicap, or age.
(c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract
or understanding, notice to be provided by the contracting officer, advising the labor union or workers' representative of the contractor's commitment
under the Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the rules, regulations, and relevant Orders of
the Governor.
(d) The contractor and labor unions will furnish all information and reports required by Executive Order, Equal Opportunity and Affirmative Action
of Apri116, 1975, and by the rules, regulations and Orders of the Governor, or pursuant thereto, and will permit access to his books, records, and
accounts by the contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
(e) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization, or expel any such
individual from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity because
of race, creed, color, sex, national origin, or ancestry.
(0 A labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce the doing of any act defined in this contract
to be discriminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder; or attempt,
either directly or indirectly, to commit any act defined in this contract to be discriminatory.
Form 6 -AC -02B (GFN070595)
Revised 1/93
395-S3-01-1022
page _5_ of page
(g) In the event of the contractor's non-compliance with the non-discrimination clauses of this contractor or with any of such rules, regulations, or
orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further State
contracts in accordance with procedures, authorized in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975 and the rules,
regulations, or orders promulgated in accordance therewith, and such other sanctions as may be imposed and remedies as may be invoked as provided
in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, or by rules, regulations, or orders promulgated in accordance
therewith, or as otherwise provided by law.
(h) The contractor will include the provisions of paragraph (a) through (h) in every sub -contract and subcontractor purchase order unless exempted
by rules, regulations, or orders issued pursuant to Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, so that such
provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any sub -contracting or purchase
order as the contracting agency may direct, as a means of enforcing such provisions, including sanctions for non-compliance; provided, however,
that in the event the contractor becomes involved in, or is threatened with, litigation, with the subcontractor or vendor as a result of such direction
by the contracting agency, the contractor may request the State of Colorado to enter into such litigation to protect the interest of the State of
Colorado.
COLORADO LABOR PREFERENCE
6a. Provisions of CRS 8-17-101 & 102 for preference of Colorado labor are applicable to this contract if public works within the State are undertaken
hereunder and are financed in whole or in part by State funds.
b. When a construction contract for a public project is to be awarded to a bidder, a resident bidder shall be allowed a preference against a non-
resident bidder from a state or foreign country equal to the preference given or required by the state or foreign country in which the non-resident
bidder is a resident. If it is determined by the officer responsible for awarding the bid that compliance with 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. Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any
extra -judicial body or person or which is otherwise in conflict with said laws, rules, and regulations shall be considered null and void. Nothing
contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall
be valid or enforceable or available in any action at law whether by way of complaint, defense, or otherwise. Any provision rendered null and void
by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution.
8. At all times during the performance of this contract, the Contractor shall strictly adhere to all applicable federal and state laws, rules, and
regulations that have been or may hereafter be established.
9. The signatories aver that they are familiar with CRS 18-8-301, et. seq., (Bribery and Corrupt Influences) and CRS 18-8-401, et. seq., (Abuse of
Public Office), and that no violation of such provisions is present.
10. The 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:
(Full Legal Name)
By
Aftlior
Corporat etary, or Equivalent, Town/Cit Coun
/0
r
ATTORNEY G
By
q Niunber or Federal I.D. Number
T' a.'A ty/Co ' y, o l uiva nt:
Gal A. No
lerk
�. Richard Peton
pnt Attorney General
Form 6 -AC -02C (
Revised 1/93 tae Services Section
39543-01-1030
State of Colorado
ROY ROMER, GOVERNOR
By
G L.. L-..(1�r�
Department
of PURIM' HEALTH AND ENVIRONMENT
WELD COU
A' OVALS
S. PICKLE, M.S.E.H.
DIRECTOR
A
CONTROLLER
i111�
By
Page 6 which is the last of 6 pages
Clifford9? Rall
PROGRAM APPROVAL.
I-,
i t LootLrR
AMENDED ATTACHMENT C
Applicant: WELD COUNTY HEALTH DEPARTMENT (revised 9/11/95)
Project: HEALTH CARE PROGRAM FOR CHILDREN WITH SPECIAL NEEDS (HCP)
For the Period of: OCTOBER 1, 1994 through DECEMBER 31, 1995
Annual
Salary
Rate
Full
Time
Equivalent
Total
Amount
Required
Source of Funds
*Applicant
and Other
Requested
from HCP
Personal Services:
Social Worker (Aurora Cura)
25,327
0.50
16,589
16,589
Office Tech. (Patty Isakson)
18,651
.0.80
24,628
5,081
19,547
CHN - (Cheryl Weinmeister)
30,425
1.00
39,856
39,856
CHN - (Kris Embree)
30,434
15,948
15,948
CHN - Clinics (Kris Embree)
30,434
0.16
6,379
6,379
Office Tech. (Deby Dominguez)
15,840
8,300
8,300
Fringe Benefit Rate:
17%
21,984
7,981
14,003
Supervising Personnel:
Nurse Supervisor (Kathy Shannon)
38,115
9,986
9,986
Director of Nursing (Glenda Schneider)
48,558
7,633
7,633
Sub -total Personnel Expenses
2.46
151,304
54,930
96,375
Computer Equipment
4,100
4,100
Travel
875
875
Operating Expenses:
Printing and Postage
200
200
Staff Development
750
750
Dedicated Phone Line
750
750
Sub -total Operating Expenses
1,700
200
1,500
Indirect Cost Rate: 18.00%
27,527
9,887
17,640
Total Contract Expenses
185,506
65,017
120,490
*Source of Funding for "Applicant and Other"
Local: **
Medicaid:
Patient Fees:
Other:
Total Applicant and Other
4* Are these local funds used to match any other grant?
YES NO
6frfz
COLORADO
mEmoRAnuum
Dale Hall, Chairman
To Board of County Commissioners
From
Subject:
Date
John Pickle, Director, Health Department
Amendment to HCP Contract
WELD COUNTY
1995 SEP 32 PH 12: 36
October 2, 1995CLERK
OliEn
Enclosed for Board approval is Amendment #1 to the Health Care Program for Children With
Special Needs (HCP) contract between Weld County Health Department and the Colorado
Department of Public Health and Environment. This program was previously called the
Handicapped Children's Program.
The original time frame of the contract was from October 1, 1994 through September 30, 1995.
Due to uncertainty regarding the amount of new federal funding, the State Health Department is
requesting to extend the contract by three months at our current level of funding and begin a new
contract on January 1, 1996. This amendment will provide funding of $22,835.00 for the
-additional three months services and will bring the total contract amount to $120,490.00.
The contract authorizes WCHD to provide case management for children with special needs and
has enabled us to increase our client contacts with this previously under served population.
I recommend approval of this amendment.
Enclosures
952076
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