HomeMy WebLinkAbout951532.tiffRESOLUTION
RE: APPROVE DAY CARE HOME INSPECTION CONTRACT BETWEEN HEALTH
DEPARTMENT AND COLORADO DEPARTMENT OF HUMAN SERVICES AND
AUTHORIZE CHAIRMAN TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Contract for Day Care Home Inspection
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 Human Services, Division of Child Care, commencing July 1, 1995, and
ending June 30, 1996, with further terms and conditions being as stated in said contract, and
WHEREAS, after review, the Board deems it advisable to approve said contract, a copy of
which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Contract for Day Care Home Inspection 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 Human Services, Division
of Child Care, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized
to sign said contract.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 2nd day of August, A.D., 1995, nunc pro tunc July 1, 1995.
BOARD OF COUNTY COMMISSIONERS
LD COUNTY, COLf.)RADO ,
-Deputy CI to the Board
i my Attorne
Cam; ge STATE
�J �a
Dale K. Hall, Chairman
Att../
arbara J. Kirkmeydr, Pro -T
FXCI ISFr1 DATF OF SIANINf
George E. Baxter cdti
onstance L. Harbert
(AYF}
1/O_
W. H. Webster
951532
HL0021
Form 6 -AC -02A (R 1/93)
DEPARTMENT 02 AGENCY NAME
Human Services
DEPARTMENT OR AGENCY NUMBER
IHA 70C C%— 0q31
ROUTING NUMBER
CONTRACT
THIS CONTRACT, made this 12th day of June, 1995, by and between the State of Colorado for the use and benefit of the Department of
Human Services, Division of Child Care, 1575 Sherman Street, Denver, Colorado, 80203 hereinafter referred to as the State, and the Weld County
Board of Commissioners dba Weld County Department of Health, 1517 16th Avenue Court, Greeley, Colorado, 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 uncommitted
balance thereof remains available for encumbering and subsequent payment of this contract under Encumberance NumberCC.t. in Fund Number
100 , Appropriation Account ESER , and Organization 4320 ' and (3 t -act 3
WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and
WHEREAS, the State is the single Colorado agency responsible for the licensing of child care facilities; and
WHEREAS, the State has the authority to contract for the inspection and investigation of facilities applying for an original or renewal
license pursuant to Section 26-6-107(2), C.R.S.; and
WHEREAS, the said Section 26-6-107(2), C.R.S., provides that the contractor for such services may be a county department of health or
county department of social services; and
WHEREAS, the State desires to enter into this Contract with the Contractor herein for the inspection and investigation of family day care
homes defined in 12 Colorado Code of Regulations (CCR) 2509-8, at 7.707.1, located in Weld County, as set forth in greater detail below; and
WHEREAS, the Contractor has been selected in accordance with the Colorado Procurement Code; and
WHEREAS, as of the date of the execution of this Contract, the Contractor meets all statutory requirements for entering into this Contract,
NOW THEREFORE, it is hereby agreed that:
1. The Contractor agrees to perform the following functions regarding the original licensors of day care homes as defined in 12
CCR 2509-8, at section 7.707.1, located in Weld County:
a. Dissemination of information regarding the licensing process, the rules governing day care homes and the legal
requirement to be licensed;
b. Compilation of all documentation for licensure required by the State;
c. Prescheduled inspection of the entire premises of prospective day care homes within two weeks of receiving a
complete application package which includes the application foray completed family medical forms and CBI verification;
d. Investigation of the applicant and all residents and employees of the applicant's home including any investigation
required by the State to determine the suitability of the applicant and the home for licensure; and
e. Completion and submission of all reports and referrals required by the State and in a manner prescribed by the State
within two weeks of completing the inspection and investigation.
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2. The Contractor agrees to perform the following functions regarding the renewal licersurc of day c.aa homes as deimed in 12
CCR 2509-8, at section 7.707.1, located in Weld County:
a. Dissemination of information regarding the renewal licensing process including the rules governing day care homes
and the legal requirement to be licensed;
b. Compilation of all documentation for renewal licensure required by the State;
c. Initiation of the renewal process by an unannounced inspection of the entire premises of day care homes, including
review of all records required to be maintained by the day care home provider; and
d. Investigation of the applicant and all residents and employees of the applicant's home including any investigation
required by the State to determine the suitability of the applicant and the home for licensure; and
e. Completion and timely submission of all reports and referrals required by the State and in a manner prescribed by
the State within two weeks of completing the inspection and investigation.
3. The Contractor agrees to perform those functions regarding the continuation of permanent licensure of day care homes as
defined in 12 CCR 2509-8, at section 7.707.1, located in Weld County:
a. Unannounced visitation of facilities on a permanent license to perform a review of the facility's operation to monitor
compliance with applicable laws, rules and regulations at least once every two years or according to the time frame associated with the facility's
Department assigned risk factor; and
b. Completion and timely submission of all reports and referrals required by the State and in a manner prescribed by
the State within two weeks of completing the inspection and investigation.
4. The Contractor agrees to perform the following functions related to the supervision of licensed day care homes as defined in 12
CCR 2509-8, at section 7.707.1 located in Weld County:
b. Unannounced visitation of facilities on probationary licenses at least monthly as required by the State or as required
by the probationary license; and
c. Completion and timely submission of all reports and referrals required by the State and in a manner prescribed by
the state within two weeks of completing the inspection.
5. The Contractor agrees to perform the following functions related to the investigation of complaints concerning licensed day care
homes in Weld County:
a. Investigation of each and every complaint alleging or involving licensing violations regarding any licensed day care
home for which the Contractor is responsible for inspecting under the terns of this Contract in accordance with the time frames outlined in Attachment
A. Such investigations may include an unannounced visit to the home and conducting sufficient interviews necessary to determine if a violation has
occurred. Any visit to the facility to investigate a complaint shall be unannounced and conducted as a supervisory visit as set forth in paragraph 4 of
this section.
b. Identifying information related to those persons making complaints regarding licensed day care homes shall be kept
c. Completion and timely submission of all reports and referrals required by the State and in a manner prescribed by
the State within two weeks of completing the investigation.
6. The Contractor agrees to perform the following functions related to the investigation of allegations of illegally -operating,
unlicensed day care homes in Weld County:
a. Investigation of each and every complaint alleging or involving the operation of unlicensed day care home which, if
licensed, the Contractor would have the responsibility of inspecting under the terms of this Contract. Such investigation shall include an unannounced
visit to the home, interviews necessary to determine whether the operation is such that a license is required under the Child Care Act, Section 26-6-101
et seq., C.R.S. and the rules of the State, and issuance of a cease and desist order to those facilities found in violation of the law along with a copy of
an Order Form to obtain an application package and information about licensing orientations available from the Colorado State Forms and Publication
Center, 4200 Garfield Street, Denver, Colorado 80216-6517.
b. Investigation into each and every facility issued a cease and desist order to insure compliance which may include
other unannounced visits to the facility, interviews and surveillance if an application is not received within forty-five days of issuance of the order as
required by the State; and
c. Completion and timely submission of all reports and referrals required by the State and in a manner prescribed by
the State
confidential.
7.
timely manner.
The Contractor agrees to submit all original reports, records and documentation regarding day care homes to the State in a
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951532
8. The Contractor agrees to use those forms required by the State in carrying out the functions set forth in this Contract including,
but not limited to, the Report of Inspection (CWS-47) and the Licensing Investigation Form (CWS-50).
9. The Contractor agrees to provide the licensees a copy of any reports prepared by the Contractor or its employees as a result of
any inspection or investigation done under the terns of this Contract. The Contractor further agrees to inform licensees of their right to request a
waiver of any rule which works an undue hardship on the licensee or which s/he believes has been too stringently applied by the Contractor or the State
as provided in 12 CCR 2509-8, at 7.701.35. The Contractor further agrees to provide the licensees a copy of the State Waiver/Appeal form and to
instruct the licensees to send the form directly to the State Department.
10. The Contractor agrees that any employee acting under the terns of this Contract or his/her supervisor shall be available to
testify in any legal proceeding brought for the purposes of enforcing the Child Care Act.
11. The Contractor agrees that all employees of the Contractor acting under the terms of this Contract will attend any required
training sessions offered at the expense of the State and that the information provided at those sessions will be incorporated into the procedures used to
carry out the terms of this Contract
12. The Contractor agrees to perform its obligations hereunder in conformity with the Child Care Act, other relevant state laws and
all regulations promulgated pursuant thereto; including, without limitation, the Colorado Social Services Code, Sections 26-1-101, et seq. C.R.S., as
all the foregoing are in effect as of the date of execution of this Contract, and as they may later be amended.
13. The Contractor shall assure that licensees and persons interested in licensure have appropriate and timely access to services.
The Contractor will facilitate the application process for interested parties and respond in a timely manner to all inquiries regarding licensure.
14. The Contractor shall process paperwork in a timely and accurate manner to promote timely service to providers and parents.
The Contractor shall submit signed reports and assure adequate documentation to support all referrals.
15. In consideration for the serviees rendered in accordance with this Contract, the State shall pay the Contractor Thirty Five
Thousand Nine Hundred Dollars ( $35,900.00), to be paid to the Contractor in accordance with paragraphs 17 and 18 below. All warrants endorsed
by the Contractor and presented for payment shall constitute payment in full, except when endorsed under good faith protest pursuant to Section 4-1-
207, C.R.S.
Contract General Clauses
The following clauses apply to this contract. In some instances, these general clauses have been expanded upon in other sections of this contract. To
the extent that other provisions of the contract provide more specificity than these general clauses, the more specific provision shall control.
16.Term
The term of this contract shall be 7/1/95 through 6/30/96 .
17.Billing/Payment Procedure
The State shall establish billing procedures for actual, reasonable and necessary expenses incurred in providing services pursuant to this Contract,
based on the submission of monthly expenditure statements, on forms prescribed by the State, in accordance with the budget attached to this contract as
Attachment B and incorporated herein. The amount of funds allocated to each line item of the budget may be reallocated upon written request of the
Contractor and the subsequent written approval of the State, subject to the limitation of General Provisions clause number 18 (regarding spending
limitation).
18.Commensation/Maximum Payable
Payment pursuant to this Contract will be made as earned, in whole or in part, from available state funds encumbered in an amount not to exceed
$35,900.00 for the purchase of the within -described services.
It is further understood and agreed that the maximum amount of State funds available for Fiscal Year 1996- for the purchase of services as described in
this contract is in the amount of $ 35 900.00 . The liability of the State, at any time, for such payments shall be limited to the encumbered amount
remaining of such funds.
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.
19. Federal Funds Contingency
Payment pursuant to this Contract, Win federal funds, whether in whole or in part, is subject to and contingent upon the continuing availability of
federal funds for the purposes hereof. In the event that said funds, or any part thereof, become unavailable as determined by the State, the State may
immediately terminate this Contract or amend it accordingly.
20. INDEPENDENT CONTRACTOR
a. 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, INCLUDING ALL FEDERAL AND STATE INCOME TAX AND LOCAL
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HEAD TAX AND ANY MONIES PAID PURSUANT TO THIS CONTRACT. CONTRACTCR ACKNOWLiiDGES TNAi FHE
CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INS! TRANCE BIN:FITS 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.
21. Beneficiary
Except as herein specifically provided otherwise, this Contract shall inure to the benefit of and be binding upon the parties hereto and their respective
successors and assigns.
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.
22.Liability Insurance/Fidelity Coverage - Contractor
During the term of this Contract, and any extension(s) hereof, Contractor agrees that it will keep in force an insurance policy or policies, issued by a
company authorized to do business in Colorado, in the minimum amounts specified below unless specifically waived herein. In the event of
cancellation of -any such coverage, Contractor shall immediately notify the State of such cancellation.
aStandard Worker's Compensation and Employers' Liability
1. As required by State statute including occupational disease, covering all
employees attire work site.
b. Except as to a "public entity" described below, General Liability (PL and PD) (Minimum)
1. Combined single limit - $600,000 (effective 1/1/93) written on an occurrence
basis.
2. Any aggregate limit will not be less than $1 million.
3. Contractor must purchase additional insurance if claims reduce the annual
aggregate below $600,000.
4. State of Colorado to be named as additional insured on each comprehensive
general liability policy.
5. Certificate of insurance to be provided to the State (within 10 working days
after receipt of award) and a copy of the policy endorsement naming the State of Colorado as additional insured as indicated in "4"
above.
6. Insurance shall include provisions preventing cancellation without 60 days prior notice by certified mail to the State.
c. Except as to a "public entity" described below, Automobile Liability (Minimum)
1. Contractor to carry a minimum of $600,000 combined single limit auto Insurance.
d. For licensed professionals providing services in their professional capacity, professional liability insurance in an amount not less than
$150,000 for any injury to one person in any single occurrence, and, no less than $600,000 for an injury to two or more persons in any single
occurrence.
If the Contractor is a "public entity" within the meaning of the Colorado Governmental Immunity Act, 24-10-101, et seq., C.R.S. as amended
("Act"); Contractor shall maintain such insurance, by commercial policy or self-insuranceas is necessary to meet Contractor's liabilities under the Act. Proof of
such insurance shall be provided upon request by the State.
23. Licenses/Approvals/Insurance
Contractor certifies that, at the time of entering into this Contract, it has currently in effect all necessary licenses, certifications, approvals, insurance,
etc. required to properly provide the services and/or supplies covered by this Contract. Additionally, all employees of Contractor performing services
under this Contract shall hold the required license or certification, if any, to perform their responsibilities. Any revocation, withdrawal or nonrenewal
of necessary license, certification, approval, insurance, etc. required for Contractor to properly perform this contract, shall be grounds for termination of
this Contract by the State.
Contractor further certifies that, if a foreign corporation, it currently has a Certificate of Authority to do business in Colorado issued from the Colorado
Secretary of State designating a registered agent in Colorado to accept service of process.
24. Records Maintenance
The contractor shall maintain a complete file of all records, documents, communications, and other materials which pertain to the operation of the
program/project or the delivery of services under this Contract. Such files shall be sufficient to properly reflect all direct and indirect costs of labor, materials,
equipment, supplies and services, and other costs of whatever nature for which a contract payment was made. These records shall be maintained according to
generally accepted accounting principles and shall be easily separable from other Contractor records.
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25.Records Retention and Availability
All such records, documents, communications, and other materials shall be the property of the State unless otherwise specified herein and shall be
maintained by the Contractor, in a central location and custodian, in behalf of the State, for a period of three (3)* years from the date of final payment
under this Contract, or for such further period as may be necessary.to resolve any matters which may be pending, or until an audit has been completed
with the following qualification: If an audit by or on behalf of the federal and/or state government has begun but is not completed at the end of the
three (3)* year period, or if audit findings have not been resolved after a three (3)* year period, the materials shall be retained until the resolution of the
audit findings.
* (five (5) years for some contracts)
26.Performance Monitoring
Contractor shall permit the State and any other governmental agency authorized by law, or their authorized designee 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, reexamination of program data, special analyses, on -site checking, formal audit
examinations, or any other reasonable procedures. All such monitoring shall be performed in a manner that will not unduly interfere with contract
work.
27. Audits
The Contractor authorizes the State or its representatives to perform audits and/or inspections of its records at any reasonable time during the term of
this Contract and for a period of three (3) * years following the date of final payment under this Contract, to assure compliance with its terms and/or to
evaluate the Contractors performance.
Any amounts which have been paid by the State which are found to be improper in accordance with the terms of this contract shall be immediately
returned to the State or may be reeeived in accordance with remedies.
* Five (5) years if required by Federal and State laws and regulations.
28. Confidentiality of Records
Contractor shall protect the confidentiality of all records and other materials containing personally identifying information that are maintained in
accordance with this Contract. Except as provided by law, no information in possession of Contractor about any individual constituent shall be
disclosed in a form including identifying information without the prior written consent of the person in interest, a minor's parent, or guardian.
Contractor shall have written policies governing access to, duplication and dissemination of, all such information. Contractor shall advise its
employees, agents and subcontractors, if any, that they are subject to these confidentiality requirements. Contractor shall provide its employees, agents
and subcontractors, if any, with a copy or written explanation of these confidentiality requirements before access to confidential data is permitted.
29. Conflict of Interest
During the tens 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
Contractors 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.
30.Conformance with Law
The Contractor shall at all times during the term of this Contract strictly adhere to all applicable federal and state laws and implementing regulations
as they currently exist and may hereafter be amended. The Contractor acknowledges that the following laws are included:
- Age Discrimination Act of 1975 42 U.S.C. Sections 6101 et. seq.
Age Discrimination in Employment
Act of 1967
Americans with Disabilities Act
of 1990 (ADA)
Equal Pay Act of 1963
Immigration Reform and Control
Act of 1986
29 U.S.C. 621434
42 U.S.C. 12101 et seq.
29 U.S.C. 206(d)
8 U.S.C. 1324b
Section 504 of the Rehabilitation 29 U.S.C. 794
Act of 1973
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Tide VI of the Civil Rights Act
of 1964
Title VII of the Civil Rights Act
of 1964
Title IX of the Education Amend-
ments 1972
42 U.S.C. 2000d
42 U.S.C.2000e
20 U.S.C. 1681 et seq.
Section 24-34-302, et seq., Colorado Revised Statutes 1993, as amended
The Contractor also shall comply with any and all laws and regulations prohibiting discrimination in the specific programs) which is/are the subject of this
Contract In consideration of and for the purpose of obtaining any and all federal and/or stare 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 ofrace, 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.
31 Assignment/Delegation/Subcontracting
This Contract is in the nature of personal services. Except as herein specifically provided otherwise, the duties and obligations of the Contractor
arising hereunder cannot be assigned, delegated nor subcontracted except with the express prior written consent of the State. Subcontracts permitted by
• the State shall be subject to the requirements of this Contract, and the Contractor is responsible for all -subcontracting arrangements and the delivery of
services as set forth in this Contract. Contractor shall be responsible for the performance of any subcontractor. Failure of the subcontractor to provide
services in accordance with the requirements of this contract shall be the responsibility of the Contractor. Contractor warrants and agrees that any
subcontract resulting from its performance under the terms and conditions of this contract, shall include a provision that the said contractor shall
require the said subcontractor to abide by the terms and conditions hereof, as well as all other applicable federal and State laws, and rules and
regulations pertinent hereto that have been or may hereafter be established. Also, Contractor warrants and agrees that all subcontracts shall include a
provision that the subcontractor shall indemnify and hold harmless the State of Colorado, Department of Human Services. Subcontractors must be
certified to work on any equipment for which their services are obtained. Subcontractor work cannot exceed 49% of the contract using revenues as the
comparison measure.
32 Litigation
The Contractor shall promptly notify the State in the event that the Contractor learns of any actual litigation in which it is a party defendant in a case
which involves services provided under this Contract. The Contractor, within five (5) calendar days after being served with a summons, complaint, or
other pleading which has been filed in any federal or state court or administrative agency, shall deliver copies of -such document(s) to the State's
Executive Director. The term "litigation" includes an assignment for the benefit of creditors, and filings in bankruptcy, reorganization and/or
foreclosure.
33 Disputes
Except as herein specifically provided otherwise, disputes concerning the performance of this Contract which cannot be resolved by the designated
contract representatives shall be referred in writing to a senior departmental management staff designated by the department and a senior manager
designated by the contractor. Failing resolution at that level, disputes shall be presented in writing to the executive director and contractor chief
executive officer for resolution. This process is not intended to supersede any other process for the resolution of controversies provided by law.
34.Remedies
The Executive Director of the State or designee may exercise the following remedial actions, in addition to all other remedial actions authorized by
law, should s/he fmd the Contractor substantially failed to satisfy the scope of work found in this Contract. Substantial failure to satisfy the scope of
work shall be defined to mean incorrect or improper activities or inaction by Contractor. These remedial actions are as follows:
a. Withhold payment to Contractor until the necessary services or corrections in performance are satisfactorily completed;
b. Request the removal from work on the contract of employee(s) and/or agent(s) of Contractor whom the Executive Director or designee justifies
as being incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable, or whose continued employment on the contract s/he deems to be
contraryto the public interest or not in the best interest of the State;
c. Deny payment or recover reimbursement for those services or deliverables which have not been performed and which due to circumstances
caused by Contractor cannot be performed or if performed would be of no value to the State. Denial of the amount of payment -shall be reasonably
related to the amount of work or deliverable lost to the State;
d. Incorrect payments to the Contractor due to omission, error, fraud, and/or defalcation shall be recovered from the Contractor by deduction from
subsequent payments under this Contract or other contracts between the State and the Contractor, or by the State as a debt due to the State or otherwise
as provided by law.
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e. Terminate the Contract for cause without compensation for termination costs. If the State terminates the Contract for cause, it will first give
written notice to the Contractor, stating the reasons for cancellation, procedures to correct problems, if any, and date the Contact will be terminated in
the event problems have not been corrected.
1. In the event this Contract is terminated for cause, the State will only reimburse the Contractor for acceptable work or deliverables
received to date of termination.
2. In the event this Contract is terminated for cause, final payment to the Contractor maybe withheld at the discretion of the State until
completion of final audit.
f This contract is subject to immediate termination by the State in the event that the State determines that the health, safety, or welfare of persons
receiving services may be in jeopardy. Additionally, the state may immediately terminate this contract upon verifying that the Contractor has engaged
in or is about to participate in fraudulent acts.
35. Termination for Convenience
The State shall have the right to terminate this Contract by giving the Contractor thirty (30) days prior written notice. If notice is so given, this
Contract shall terminate on the expiration of the specified time period, and the liability of the parties hereunder for further performance of the terns of
this Contract shall thereupon cease, but the parties shall not be released from the duty to perform their obligations up to the date of termination.
36. Severability
To the extent that this Contract may be executed and performance of the obligations of the parties may be accomplished within the intent of the
Contract, the terms of this Contract are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason,
such invalidity or failure shall not affect the validity of any other tern or provision hereof. The waiver of any breach of a term hereof shall not be
construed as a waiver of any other term, or the same term upon subsequent breach.
37. Integration of Understandings
This Contract is intended as the complete integration of all understandings between -the parties. No prior or contemporaneous addition, deletion, or
other amendment hereto shall have any force or effect whatsoever, unless embodied herein in writing. No subsequent novation, renewal, addition,
deletion, or other amendment hereto shall have any force or effect unless embodied in a written contract executed and approved pursuant to the State
Fiscal Rules.
38.Notice and Representatives
Representatives
For the purposes of this Contract, the individuals identified below are hereby designated representatives of the respective parties. Either patty may
from time to time designate in writing a new or substitute representative(s):
For the State: For the Contractor:
Grace Hardy Director
Name Title
John Pickle Director
Name Title
Notice
All notice required to be given by the parties hereunder shall be given by certified or registered mail to the individuals at the addresses set forth below.
Either party may from time to time designate in writing a substitute person(s) or address to whom such notices shall be sent:
To the State: To the Contractor:
Dana D. Andrews, MSW
Licensing Administrator
Division of Child Care
1575 Sherman Street
Denver, Colorado 80203-1714
John Pickle
Director
Weld County Department of Health
1517 16th Street Court
Greeley, Colorado 80631
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SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
I. This contract shall not be deemed valid until it shall have been approved by the Controller of the -State of Colorado or such assistant as he may designate. This
provision is applicable to any contract involving the payment of money by the State.
FUND AVAILABILITY
2. Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted,
and otherwise made available.
BOND REQUIREMENT
3. If this contract involves the payment of more than fifty thousand dollars for the construction, erection, repair, maintenance, or improvement of any building,
road, bridge, viaduct, tunnel, excavation or other public work for this State, the contractor shall, before entering upon the performance of any such work included
in this contract, duly execute and deliver to the State official who will sign the contract, a good and sufficient bond or other acceptable surety to be approved by
said official in a penal sum not less than one-half of -the total amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate
surety conditioned upon the faithful performance of the contract and in addition, shall provide that if the contractor or his -subcontractors fail to duly pay for any
labor, materials, team hire, sustenance, provisions. provendor or other supplies used or consumed by such contractor or his subcontractor in performance of the work
contracted to be done or fails to pay any person who supplies rental machinery, tools, or equipment in the prosecution of the work the surety will pay the same in
an amount not exceeding the sum specified in the bond, together with interest at the rate of eight per cent per annum. Unless such bond is executed, delivered and
filed, no claim in favor of the contractor arising under such contract shall be audited, allowed or paid. A certified or cashier's check or a bank money order payable
to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance with CRS 38-26-106.
INDEMNIFICATION
4. To the extent authorized by law, the contractor shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims.
damages, liability and court awards including costs, 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, orage. 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 advertisings; lay-offs ortenninations; rates of pay or other forms of compensation; and
selection for -training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment,
notices to be provided by the contracting officer setting forth provisions of this non-discrimination clause.
(b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will
receive consideration for employment without regard to race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap,
or age.
(c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or
-understanding, notice -to be provided by the contracting officer, advising the labor union or workers' representative of the contractor's commitment under the
Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the rules, regulations, and relevant Orders ofthe Governor.
(d) The contractor and labor unions will furnish all information and reports required by Executive Order, Equal Opportunity and Affirmative Action of April
16. 1975, and by the rules, regulations *and Orders of the Governor, or pursuant thereto, and will permit access to his books, records, and accounts by the
contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules, regulations and orders.
(e) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization, or expel any such individual
from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity because of race, creed, color,
sex, national origin, -or ancestry.
(f) 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 -026
Revised U93
395-53-01.1022
page of 9 pages
951532
(g) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules, regulations, or orders,
this contract may be canceled, terminated or suspended in whole or in part and the contractor may be -declared ineligible for further State contracts in
accordance with procedures, authorized in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975 and the rules, regulations, or
orders promulgated in accordance therewith, and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order,
Equal Opportunity and Affirmative Action of April, 16, 1975, or by rules, regulations, or orders promulgated in accordance therewith, or as otherwise
provided by law.
(h) The contractor will include the provisions of paragraphs (a) through (h) in every sub -contract and subcontractor purchase order unless exempted by
rules, regulations, or orders issued pursuant to Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, so that such provisions will
be binding upon each subcontractor or vendor. The contractor will take such action with respect to any sub -contracting or purchase order as_the contracting
agency -may direct, as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event the contractor
becomes involved in, or is threatened with, litigation, with -the subcontractor or vendor as a result of such direction by the contracting agency, the contractor
may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado.
COLORADO LABOR PREFERENCE
6a. Provisions of CRS 8-17-101 & 102 for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereunder and
are financed in whole or in part by State funds.
b. When a construction contract for a public project is to be awarded to a bidder, a resident bidder shall be allowed a preference against a non-resident bidder from
a state or foreign country equal to the preference given or required by the state or foreign country in which the non-resident bidder is a resident. If it is determined by
the officer responsible for awarding the bid that compliance with 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 norincorporated 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,
defence, 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.lnfluences) 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, Weld County Board of Commissioners dba Weld Cou Department of Health
1517 16th Avenue Court, Greeley, Colorado 80631
(Full LTga✓\Name)
Form 6 -AC -02C
Revised I/93
39S-53-01-1030
STAT OF "LORADO
ROY • t ER, GOV
By
•5 EXEC
I V E DIRECTOR
oFDEP@oiorado Department of Human Services
APPROVALS
CONTROLLER
STATE* C., Ti nA s rR
CLIFFIt3
BY:
By
Page 9 which is the last of 9 pages
'See instructions on reverse side.
WELD COUNTY ''-F(LTH DEPARTMENT,
N S. PICKLE, M.S.E.H.
DIRECTOR
7
951532
COMPLAINT INVESTIGATION GUIDELINES
LEVEL
CATEGORY
Tim- Iii AJs4E TO
INVESTIGATE
DI SCRIYTION
I
Vcry Serious
Within 24 hours
Coordinate with child
protection, local law
enforcement, or other
regulatory agency.
STAGE II
INVESTIGATIONS
SHOULD ALWAYS
FOLLOW CHILI)
PROTECTION
INVESTIGATIONS.
Would consider summary suspension of the license.
Would include any situation where a child's health and
safety are immediately threatened.
This would include such things as:
1. sexual abuse
2. young children totally unsupervised
3. death or hospitalization of a child.
2
Serious
0-5 working days
Would include such things as:
1. Gross violation of ratios (example: double the # of
children for what there should be.)
2. C ildren abandoned, left or wandering away from the
facility.
3. Serious physical injury.
4. Caring for infants or toddlers without a license for such care.
5. Negative licensing in process for similar allegations.
6. Unlicensed care with other allegations which indicate
a threat to the safety of the children. (children
unsupervised, large numbers of children in care, filthy
conditions.)
7. Failing to obtain medical treatment for a child.
3
Moderate
0-15 working days
Would include such things as:
1. Ratio violations.
2. Not enough staff
3. Inappropriate discipline which is not considered
abuse.
4. Poor staff supervision.
5. Unqualified staff.
6. Rough handling of or yelling at children.
7. Inadequate or unsafe equipment
8. Facility dirty or unsanitary to the level of being a
health hazard.
9. Unsafe transportation of children/too many children
in vehicle.
10. Over enrollment
4
Mild
0-20 working days
Would include such things as
1. Children not getting enough or adequate food.
2. Children not getting an adequate rest period.
3. Crying child not attended to.
4. Parents not notified of injury to child.
S. Staff checks bouncing.
6. Unlicensed care.
5
Very Mild
Depending on severity,
next reasonable visit
MAY NOT BE A LICENSING VIOLATION
Would include such things as:
1. Religious indoctrination
2. Poor business practices.
3. Money issues;
Categories 4 and 5 may be investigated through telephone call, letter or visit. Any items in these categories may be deemed more severe
and bumped to a higher category depending on the specific circumstances alleged. Poor business practices, for example, could be that the
facility failed to file a tax return last year (5) or that -the facility failed to recruit and hire qualified staff (3).
ATTACHMENT A
Page 1 of 1
951532
DIVISION OF CHILD CARE
Contractor Request for Reimbursement
Contract Title
Contractor Identification:
\
Completed by
0
0
)
Budget Period /
Street or Box Number
\
) \)
) g
u))
:•
•
•
•
•
•
•
Date Submitted
±
)
& ){ )
4) :±o
7 {)
til
t)
at c-i )
)4 ))
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951532
STATE OF COLORADO
COLORADO DEPARTMENT OF HUMAN SERVICES
1575 Sherman Street
Denver. Colorado 80203-1714
Phone (303) 866-5700
TDD (303) 866-6293
FAX (303) 866-4214
Roy Romer
Governor
Barbara McDonnell
Executive Director
Karen Beye
Managing Director
MEMORANDUM
TO: Whom It May Concern
FROM: Grace Hardy, Director
Division of Child Care Servic
DATE: October 4, 1995
SUBJECT: Contract General Clause #17 Page 3
Clause number seventeen references an attached budget. The Department of Human Services,
Division of Child Care did not intend to require a budget and will not enforce the budget
requirement of clause seventeeen.
ATTACHMENT B
Page 2 of 2
Building Partnerships to improve Opportunities for Safety, Self -Sufficiency, and Dignity for the People of Colorado
951532
COLORADO
mEmoRAnuum
Dale Hall, Chairman
To Board of County Commissioners
From
Subject:
Date July 27, 1995
John Pickle, Director, Health Departm
Day Care Home Inspection Contract
Enclosed for Board approval and signature is a contract between the Colorado Department of
Social Services and the Weld County Health Department for the inspection and investigation of
Day Care Homes in Weld County.
Weld County Health Department will provide the dissemination of information regarding the
licensing process, compile all documentation for licensure, inspect prospective homes and
perform unannounced inspections of existing homes. The contract has basically the same
provisions as last year's contract.
For these services, the Health Department will receive $35,900 which is $900 more than last
year's contract. The term of the contract is for July 1, 1995 through June 30, 1996.
I recommend your approval of this contract.
Enclosures
CLEF:
951532
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