HomeMy WebLinkAbout991554.tiff RESOLUTION
RE: APPROVE CONTRACT FOR DAY CARE HOME INSPECTION PROGRAM AND
AUTHORIZE CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Contract for a Day Care Home
Inspection Program between the County of Weld, State of Colorado, by and through the Board
of County Commissioners of Weld County, on behalf of the Weld County Department of Public
Health and Environment, and the Colorado Department of Public Health and Environment,
commencing July 1, 1999, and ending June 30, 2000, with further terms and conditions being
as stated in said contract, and
WHEREAS, after review, the Board deems it advisable to approve said contract, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Contract for a Day Care Home Inspection Program between
the County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, on behalf of the Weld County Department of Public Health and Environment, and
the Colorado Department of Public Health and Environment be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said contract.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 23rd day of June, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
COUNTY, COLORADO
ATTEST: Q,,,4/
ale K. Hall, Chair /
Weld County Clerk to the A fin n
ar . Kirkmeyer, o-Tem
BY: ed1�,ti Cc ��_.,.����
Deputy Clerk to the Bob' U N 1,/ e"
-J George ere
AS TO FORM:
M. J. Geile
ty Attorney - SL
Glenn Vaad
'/ 991554
11L HL0025
REQrJ ED
�J 1J DEPARTMENT OR AGENCY NAME
HUMAN SERVICES
SERVICES
DEPARTMENT OR AGENCY NUMBER
IHA
ROUTING NUMBER
00-IHA-00135
CONTRACT
THIS CONTRACT,made this 8th day of June 1999, 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, hereinafter
referred to as the State, and Weld County dba Weld County Public Health & Environment 1555 North 17th Avenue,
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 Encumbrance Number POCCLC0001135 in Fund Number 100 , Appropriation Account 024, and
Organization 4�and
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 permanent 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 or any other publicly or privately operated organization
that has a declared interest in children and experience working with children or on behalf of children;and
WHEREAS,the State desires to enter into this Contract with the Contractor herein for the inspection and investigation
of family child care homes,as defined in 12 Code of Colorado Regulations(CCR)2509-8,at 7.707.1 et seq., 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:
Page I of 23 pages
A. Statement of Work Provisions
The Contractor shall perform the following functions regarding the original licensure of facilities
located in Weld County:
a. Dissemination of information regarding the licensing process, the rules governing facilities
and the legal requirement to be licensed; including dissemination of the original application
packet for family care homes.
b. Compilation of all documentation for licensure required by the State;
c. Prescheduled inspection of the entire premises of prospective facilities within three weeks
of receiving a complete application package;
d. Investigation of the applicant and all residents and employees of the applicant's facility
including any investigation required by the State to determine the suitability of the applicant
and the facility for licensure;and
e. Completion and submission of a typed report of inspection in a manner prescribed by the
State within two weeks of completing the inspection and investigation indicating the
licensing decision and, for those licenses that are approved, the report must include
information about the license type, capacity, age of children for whom the facility is
licensed,and any restrictions or exhibits that apply to the license;and
f. Completion and submission of all other reports and referrals required by the State and in a
manner prescribed by the State within two weeks of completing the inspection and
investigation.
2. The Contractor shall perform the following functions regarding the renewal licensure of facilities
located in Weld County:
a. Dissemination of information regarding the renewal licensing process including the rules
governing facilities 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
facilities including review of all records required to be maintained by the facility;and
d. Investigation of the applicant and all residents and employees of the applicant's facility
including any investigation required by the State to determine the suitability of the applicant
and the facility for licensure;and
e. Completion of a typed report of inspection in a manner prescribed by the State within two
weeks of completing the inspection;and
f. Completion and timely submission of all other reports and referrals required by the State
and in a manner prescribed by the State within two weeks of completing the inspection and
investigation.
Page 2 of 23 pages
3. The Contractor shall perform those functions regarding the continuation of permanent licensure of
facilities 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 of a typed report of inspection in a manner prescribed by the State within two
weeks of completing the inspection;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 and
investigation.
4. The Contractor shall perform the following functions related to the supervision of licensed facilities
located in Weld County:
a. Unannounced visitation of facilities on probationary licenses at least monthly as required by
the State or as required by the probationary license;and
b. Completion of a typed report of inspection in a manner prescribed by the State within two
weeks of completing the inspection;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 shall perform the following functions related to the investigation of complaints
concerning licensed facilities in Weld County:
a. Investigation of each and every complaint alleging or involving licensing violations
regarding any licensed facility for which the Contractor is responsible for inspecting under
the terms of this Contract in accordance with the time frames outlined in Exhibit A. Such
investigations may include an unannounced visit to the facility 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
facilities shall be kept confidential.
c. Completion of a typed report of inspection in a manner prescribed by the State within two
weeks of completing the investigation;and
d. 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.
Page 3 of 23 pages
6. The Contractor shall perform the following functions related to the investigation of allegations of
illegally-operating,unlicensed facilities in Weld County:
a. Investigation of each and every complaint alleging or involving the operation of unlicensed
facilities 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
facility, 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.
7. The Contractor shall perform the following functions regarding the submission of negative licensing
referrals for facilities located in Weld County.
a. Compilation of all necessary documentation for a recommendation for negative licensing;
b. Initiation of the negative licensing process by completing and submitting in a timely manner
a negative licensing referral as required by the State and in a manner prescribed by the
State;
c. Unannounced visitation to facilities for which a negative licensing recommendation has
been made for suspension, revocation, or probation at least one time a month or one time
every other month;
d. Completion and submission of a typed report of inspection, in a manner prescribed by the
State,to the licensing supervisor assigned responsibility for the case immediately following
the negative licensing monitoring visit;
8. The Contractor shall submit all original reports,records and documentation regarding facilities to the
State in a timely manner.
9. The Contractor shall 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 Core Indicator
Inspection Report(DCH-CORE).
Page 4 of 23 pages
10. The Contractor shall 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 terms of this Contract. The
Contractor further shall 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 7.701.13. The Contractor further shall
provide the licensees a copy of the current State Waiver/Appeal form and to instruct the licensees to
send the form directly to the State.
11. The Contractor agrees that any employee acting under the terms 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.
12. The Contractor agrees that all employees of the Contractor acting under the terms of this Contract
will attend any required training sessions offered by 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.
13. The Contractor shall 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.
14. 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.
15. 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.
B. Payment/Price and Term Provisions
1. Compensation/Maximum Payable
In consideration for the services rendered in accordance with this Contract,the State shall pay the
Contractor FIFTY NINE THOUSAND SIX HUNDRED SEVENTY DOLLARS($59,670.00)to be paid to
the Contractor in accordance with paragraph B.2.below. Payment pursuant to this Contract will be made
as earned, in whole or in part,from available state funds in an amount not to exceed$59,670.00 for the
purchase of the within-described services. The liability of the State,at any time, for such payments shall
be limited to the encumbered amount remaining of such funds.
2. 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. The form prescribed by the State is
found in Exhibit B.
3. Term
The term of this contract shall be 7/1/99 through 6/30/2000
Page 5 of 23 pages
C. Notice and Representatives
Representatives
For the purposes of this Contract,the individuals identified below are hereby designated representatives of
the respective parties. Either party may from time to time designate in writing a new or substitute
representative(s):
For the State: For the Contractor:
Oxana Golden,Acting Director John Pickle,Director
2. 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 John Pickle
Licensing Administrator Director
Division of Child Care Weld Coutny Department of Health
1575 Sherman Street 1517 16th Avenue Court.
Denver,Colorado 80203-1714 Greeley,Colorado 80631
Page 6 of 23 pages
[Insert 6-5j
GENERAL PROVISIONS
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.
A. Federal Funds Contingency
Payment pursuant to this contract, if in federal funds, whether in whole or in part,
is subject to and contingent upon the continuing availability of federal funds for
the purposes hereof. In the event that said funds, or any part thereof, become
unavailable as determined by the State, the State may immediately terminate this
contract or amend it accordingly.
B. INDEPENDENT CONTRACTOR
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 HEAD TAX ON ANY
MONIES 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.IMPLIED, TO BIND CONTRACTOR THE STATE TO ANY AGREEMEN S, LIABILITY,ON, EXPRESS
OROR
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.
Revised 3/97
Page V of 23_pages
C. 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 terns 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.
D. Insurance - Contractor
1. 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 kinds and minimum
amounts specified below unless specifically waived herein. In the event of
cancellation of any such coverage, the contractor shall immediately notify the
State of such cancellation.
a. Standard Worker's Compensation and Employers' 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.
b. General, Personal Injury, Professional, Automobile Liability (including
bodily injury, personal injury and property damage) with minimum coverage
of.
(1) Occurrence basis policy: combined single limit of $600,000 or
Claims-Made policy: combined single limit of $600,000; plus an
endorsement, certificate, or other evidence that extends
coverage two years beyond the performance period of the
contract.
(2) Annual Aggregate Limit policy: Not less than $1,000,000 plus
agreement that the contractor will purchase additional insurance
to replenish the limit to $1,000,000 if claims reduce the annual
aggregate below $600,000.
Revised 3/97
Page 8 of pages
2. The State of Colorado shall be named as an additional insured on all liability
policies.
3. The insurance shall include provisions preventing cancellation without thirty
(30) calendar days prior written notice to the State by certified mail.
4. Upon execution of this contract, the contractor shall provide to the State
additional insured endorsements and certificates of the required insurance
coverage.
5. The contractor shall provide such other insurance as may be required by law,
or in a specific solicitation.
6. If the contractor is a "public entity" within the meaning of the Colorado
Governmental Immunity Act, 24-10-101, et sea.. C.R.S. as amended ("Act");
the contractor shall maintain such insurance, by commercial policy or self-
insurance, as is necessary to meet the contractor's liabilities under the Act.
Proof of such insurance shall be provided upon request by the State.
E. Contractor Representations - Licenses/Aoorovals/Insurance
The 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 the 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 the contractor to properly
perform this contract, shall be grounds for termination of this contract by the State.
The contractor further certifies that, if a foreign corporation, a limited liability
company, a limited liability partnership or a limited liability limited partnership, it
currently has a Certificate of Good Standing or Certificate of Existence to do
business in Colorado. Proof of such certification shall be provided upon request
by the State.
F. Records Maintenance
The contractor shall maintain a complete file of all records, documents,
communications, and other materials which pertain to the operation of the
Revised 3/97
Page Mg of J�� pages
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.
G. 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
by the contractor, for a period of three (3) years from the date of final payment or
submission of the final federal expenditure report under this contract, unless the
State requests that the records be retained for a longer period, 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.
H. Performance Monitoring
The 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 verification, formal audit examinations, or any other reasonable
procedures. All such monitoring shall be performed in a manner that will not
unduly interfere with contact work.
I. Audits
1. General. The contractor authorizes the State or its representatives to perform
audits and/or inspections of its records at any reasonable timettimewrings State
term
of this contract and for a period of three (3) years,
determines a longer timeframe is required) following the date of final payment
under this contract, to assure compliance with its terms and/or to evaluate the
contractor's performance.
Revised 3/97
Page ID of '_L pages
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.
11. The signatories aver that to their knowledge, no State employee has any personal or beneficial interest whatsoever in the
service or property described herein:
IN WITNESS WHEREOF,the parties hereto have executed this Contract on the day first above written.
Contractor: (Full Legal Name) STATE OF COLORADO
Weld Count Board o Commissioners BILL OWENS, GOVERNOR
By:1ScKsc"" r/ 1=_1-
Dale K. Hall 06 2 TL , 9)1,—)-•<- , a
Typed Name: to W4 CUTIV D 'r C OR
Chair ► ,
Position(Title) ♦ p
er '0� Q.. ' ARTMENT OF HUMAN SERVICES
If Corporation:) I� R/'•.� l
Attest(Seal) ► t r 1 � r�'.
it A
Deputy Clerk to the Board 6 hereby certify this to be
84-6000-813 a true and exact copy of the
s.osi spy rumba Q Poona,u.mnou a Maker original.
APPROVALS: By e
ATTORNEY GENERAL STATE CONTROLLER
• By By
page'$ of 2 pages
Any amounts which have been paid by the State which are found to be
improper in accordance with other terms of this contract shall be immediately
returned to the State or may be received in accordance with other remedies.
2. Single Audit Clause. All state and local governments and non-profit
organizations receiving more than 5300,000 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.
J. Confidentiality of Records
The 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 the
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. The contractor shall have written policies governing
access to, duplication and dissemination of, all such information. The contractor
shall. advise its employees, agents and subcontractors, if any, that they are
subject to these confidentiality requirements. The 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.
K. Conflict of Interest
During the term of this contract, the 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, the contractor acknowledges that, in governmental contracting, even
the appearance of a conflict of interest is harmful to the interests of the State.
Thus, the 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 cf the State.
In the event that the contractor is uncertain whether the appearance of a conflict
of interest may reasonably exist, the contractor shall submit to the State a full
Revised 3/57
Page It of_3 pages
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.
Further, 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:
a. The employee, officer or agent: _
b. Any member of the employee's immediate family;
c. The employee's partner, or
d. An organization which employees, or is about to employ, any of
the above,
has a financial or other interest in the firm selected for award. The contractors,
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 subagreements.
L. Conformance with Law
The contractor shall at all times during the tern 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 shall also require
compliance with these statutes and regulations in subcontract and subgrant
agreements, if any, permitted under this contract. Without limitation, these federal
laws and regulations include:
• Age Discrimination Act of 1975, 42 U.S.C. Sections 6101 et. sea. and its
implementing regulation, 45 C.F.R. Part 91;
• Age Discrimination in Employment Act of 1967, 29 U.S.C. 621-634;
• Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. 12101 et seq.;
• The Drug Free Workplace Act of 1988, 41 U.S.C. 701 et seq.;
Revised 3/97
Page t A of 1-3 pages
•
• Equal Pay Act of 1963, 29 U.S.C. 206(d);
• Immigration Reform and Control Act of 1986, 8 U.S.C. 1324b;
• Pro-Children Act of 1994, 20 U.S.C. 6081 et seq.;
• Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, as amended,
and implementing regulation 45 C.F.R. Part 84;
• Titles VI &Vll of the Civil Rights Act of 1964, 42 U.S.C. 2000d & e;
• Title IX of the Education Amendments of 1972, 20 U.S.C. 1681 et seq.;
• Section 24-34-302, _et s ., Colorado Revised Statutes 1993, as amended;
• The "Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments (Common Rule), at 49 Code of
Federal Regulations, Part 18;
• Office of Management and Budget Circulars A-87, A-21 or A-122, and A-102
or A-110, whichever is applicable.
• 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.
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 state
financial assistance, the contractor makes the following assurances, upon which
the State relies.
1. 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
2. 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
Revised 3/97
Page IT of 13 pages
performed by the contractor, or be subjected to any discrimination by the
contractor.
3. The contractor shall take all necessary affirmative steps, as required by 45
CFR 92.36(e), Colorado Executive Orders D0055 87 and D0005 94 and
State 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.
M. Assignment/Delegation/Subcontracting
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. The 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. The 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. The 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 subcontractor shall 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, the contractor warrants and agrees that all subcontracts
shall include a provision that the subcontractor shall indemnify and hold harmless
the State. The subcontractors must be certified to work on any equipment for
which their services are obtained.
N. 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.
Revised 3/97
Page I if of 7.%pages
O. 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 the contractor chief executive officer for resolution.
This process is not intended to supersede any other process for the resolution of
controversies provided by law.
P. 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 find 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 the contractor.
These remedial actions are as follows:
1. Withhold payment to the contractor until the necessary services or
corrections in performance are satisfactorily completed;
2. Request the removal from work on the contract of employee(s) and/or
agent(s) of the contractor whom the Executive Director or designee
justifies as being incompetent, careless, insubordinate, unsuitable, or
otherwise unacceptable, or whose continued employment on the
contract s/he deems to be contrary to the public interest or not in the
best interest of the State;
3. Deny payment or recover reimbursement for those services or
deliverables which have not been performed and which due to
circumstances caused by the 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
deliverables lost to the State;
4. 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.
Revised 3/97
Page I5 of Z=pages
Q. Termination
1. Termination for Default. The State may terminate the contract for cause
without compensation for termination costs. If the State terminates the contract
for cause, it will first give ten (10) days prior written notice to the contractor,
stating the reasons for cancellation, procedures to correct problems, if any, and
the date the contract will be terminated in the event problems have not been
corrected.
a. In the event this contract is terminated for cause, the State will only
reimburse the contractor for acceptable work or deliverables received up
to the date of termination.
b. In the event this contract is terminated for cause, final payment to the
contractor may be withheld at the discretion of the State until completion
of final audit.
2. Termination for Convenience. The State shall have the right to terminate this
contract by giving the contractor at least 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 terms of this contract shall thereupon cease, but the
parties shall not be released from the duty to perform their obligations up to
the date of termination.
3. Immediate Termination. 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.
4. Termination for Financial Exigency. The State shall have the right to
terminate this contract for financial exigency by giving the contractor at least
thirty (30) days prior written notice. For the purposes of this provision, a
financial exigency shall be a determination made by the Colorado legislature
or its Joint Budget Committee that the financial circumstances of the State
are such that it is in the best interest of the State to terminate this contract.
If notice of such termination is so Given, this contract shall terminate on the
expiration of the time period specified in the notice, and the liability of the
parties hereunder for further performance of the terms of this contract shall
Revised 3/97
Page ri or 13 pages
thereupon cease, but the parties shall not be released from the duty to
perform their obligations up to the date of termination.
R. Severability
To the extent that this contract may be executed and performance of the
obligations of the parties may be accomplished within the intent of the contract,
the terms of this contract are severable, and should any term or provision hereof
be declared invalid or become inoperative for any reason, such invalidity or failure
shall not affect the validity of any other term or provision hereof. The waiver of
any breach of a term hereof shall not be construed as a waiver of any other term,
or the same term upon subsequent breach.
S. 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.
T. Proprietary Information
1. Proprietary information for the purpose of this contract is information relating to
a party's research, development, trade secrets, business affairs, internal
operations and management procedures and those of its customers, clients or
affiliates, but does not include information lawfully obtained from third parties,
that which is in the public domain, or that which is developed independently.
2. Neither party shall use or disclose directly or indirectly without prior written
authorization any proprietary information concerning the other party obtained as
a result of this contract. Any proprietary information removed from the State's
site by the contractor in the course of providing services under this contract will
be accorded at least the same precautions as are employed by the contractor
for similar information in the course of its own business.
U. Discrimination Complaints
Any person who feels that s/he has been discriminated against relating to the
services provided under this contract has the right to file a complaint with the
Revised 3/97 It
Page of 0 Pages
Colorado Department of Human Services, the Colorado Civil Rights Commission,
and/or the US Commission on Civil Rights.
V. If any of the payments hereunder are from federal funds, where applicable, the
following provisions shall apply to this contract.
1. . Press Releases
Pursuant to Section 511 of P.L. 101-166, when issuing statements, press
releases, requests for proposals, bid solicitations and other documents
describing projects or programs funded in whole or in part with federal funds,
the contractor shall clearly state (i) that the activity is funded in whole or in part
by federal funds, (ii) the percentage of the total costs of the program or project
which will be financed with federal money, (iii) percentage and dollar amount of
the total costs of the project or program that will be financed by non-federal
• sources.
2. Debarment Certification To the extent applicable, if any payment pursuant to
this contract is in federal funds, the following provisions apply to this contract.
a. The contractor certifies to the best of its knowledge and belief that the
contractor, its principals and authorized subcontractors: (i) are not presently
debared, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any federal department or
agency; (ii) have not within a three year period preceding this contract been
convicted of or had a civil judgment rendered against it for commission of fraud
or a criminal offense in connection with obtaining, attempting to obtain, or
performing a public (Federal, State, or local) transaction or contract under a
public transaction; (iii) have not violated a Federal or State antitrust statutes or
committed embezzlement, theft, forgery, bribery, falsification or destruction of
records, or made false statements, or received stolen property; (iv) are not
presently indicted for, or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local) with commission of any of the
offenses enumerated in sub-paragraph (iii) of this certification; and, (v) have not
within a three year period preceding this contract had one or more public
transactions (Federal, State, or local) terminated for cause or default
Further, the contractor shall include, without modification, the following
Certification Clause in the contract of any subcontractor obligated to perform
services pursuant hereto:
Revised 3/97
Page t' of Z3 pages
"The prospective lower tier participant certifies, by
submission of this contract, that neither it nor its principals is
presently debared, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation
in this transaction by any Federal Department or agency."
b. Where the prospective lower tier participant is unable to certify to any of the
statements in this certification, such prospective participant shall attach an
explanation to this contract.
c. "Lower tier participant" is defined to include the contractor and its principals,
agents, and subcontractors who are obligated to perform services pursuant to
the terms of this contract.
3. Payments made to the contractor from Federal funds under this contract shall
supplement and not supplant state or local expenditures that would have been
made in the absence of such federal support.
4. The contractor shall not use federal funds to satisfy federal cost sharing and
matching requirements unless approved in writing by the appropriate federal
agency.
5. In accordance with the requirements of P.L. 101-166, none of the federal funds
provided under this contract may be used to pay the salary of any individual at a
rate in excess of$125,000 per year.
6. Eights in Data and Coovrioht- Federal Reserved Rights
Except for its own internal use, the contractor shall not publish or reproduce any
data/information, in whole or part, that is recorded in any form or medium
whatsoever and that is delivered or specified to be delivered under this contract,
nor may it authorize or permit others to do so, without the written consent of the
federal government, through the State, until such time as the federal
government may have released such data/information to the public.
As authorized by 49 C.F.R. 18.34, the federal government, through the State,
reserves a royalty free, nonexclusive, and irrevocable license to reproduce,
publish or otherwise use, and to authorize the State and others to use; a) any
work developed under this contract or a resulting third party contract irrespective
of whether or not it is copyrighted; and b) any rights of copyright to which a
contractor, subrecipient, or third party contractor purchases ownership with
federal assistance.
Revised 3/97
Page of 5 pages
W. Exhibits - Interpretation
1. Unless otherwise stated, all exhibits referenced herein are attached hereto and
incorporated herein and made a part of this contract.
2. The terms of this contract shall control over any conflicting terms in any of its
attached exhibits.
X. Venue The parties agree that venue for any action related to performance of this
contract shall be in the City and County of Denver, Colorado.
Y. Vendor Offset The parties understand and agree that the State shall have the right
to offset against payment due to the contractor hereunder, any debts owed by the
contractor to the State or any child support payments owed by the contractor.
Revised 3/97
Page xl of 1_7 pages
(3-99)
These Special Provisions are required by Fiscal Rule 3-1 to be used in every State
contract, including grants.
SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or
such assistant as he may designate. This provision is applicable to any contract involving the payment of money by the State.
FUND AVAILABILITY
2. Financial obligations of the State 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 subcontracts.
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.
page_},of ja pages
(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 rules. regulations, and relevant Orders of the Governor.
(d) The Contractor and labor unions will furnish all information and reports required by Executive Order. Equal
Opportunity and Affirmative Action of April 16, 1975, and by the rules, regulations and Orders of the Governor, or
pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the office of the
Governor or his designee for purposes of investigation to ascertain compliance with such rules regulations and orders.
(e) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor
organization. or expel any such individual from membership in such labor organization or discriminate against any of its
members in the full enjoyment 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 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.
(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 pan 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 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.
(h)The Contractor will include the provisions of paragraphs(a) through(h) in every subcontract 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 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 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. 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 arrearages: (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 Compensation Fund: and
(e) other unpaid debts owing to the State or any agency thereof, the amount of which is found to be owing as a result of final
agency determination or reduced to judgment as certified by the controller.
page a ofd pages
COMPLAINT INVESTIGATION GUIDELINES FOR CHILD CARE FACILITIES
Effective 3/1/99
LEVEL CATEGORY TIMEFRAME TO DESCRIPTION
IINVE.STIGATE
1 Very Report to police or Child abuse and Neglect allegations including
Serious Protective Services sexual abuse. Children fatally unsupervised,
IMMINENT within 24 hours hospitalization or death of a child. These
allegations are not investigated by licensing staff
DANGER TO .
CHILDREN
2 Serious 0 —7 working days would include:
1. Gross violation of ratios(e.g.double the number of
AN children for what the ratio should be:1:6 or more
INDIVIDUAL infants. 1:10 or more toddlers, 1:20 or more
CHILD OR preschoolers)
OTHER 2. Children abandoned.left or wandering away from the
CHILDREN facility;lost child
3. Serious physical injury(any injury to a child's eye.
MAY BE IN broken bones)
DANGER 4. Caring for infants or toddlers without a license for such
care
5. Serious over-enrollment(for homes double the
licensing capacity)
6. Failing to obtain emergency medical care for a child
3 Moderate 0— 17 working days would include:
1. Ratio violations
2. Inadequate numbers of staff
3. Unqualified staff
4. Inappropriate discipline,including rough handling or
yelling at children
5. Unsafe equipment or furnishings
6. Building safety hazards
7. Facility dirty or unsanitary to the level of being a health
hazard
8. Unsafe transportation of children;too many children in
a vehicle
9. Over enrollment
10. Unlicensed care with other allegations that would
indicate a threat to the safety of the children
(children unsupervised,large numbers of children in
care,filthy conditions)
t, 4 Mild 0—25 working days would include:
1. Children not getting enough or adequate food 4.'It 2. Inappropriate or inadequate rest period
9 3. Inadequate equipment or furnishings
4. Crying child/ren not attended to .
5. Parents not notified of injury to child
6. Staff checks bouncing(staff quitting,not enough staff)
7. Unlicensed care(also see level 3 above)
8. Complaint about circumstances that occurred more
than 4 months previous
c 5 Very Mild Next reasonable visit MAY NOT BE A LICENSING VIOLATION
4%,• Or within 60 days Would include.
1. Civil Rights issues(religion.ADA,discnmination)
2. Poor business practices
3. Inadequate policies or procedures or not providing
policies to parents
4 Money issues(e.g.no money for food)
EXHIBIT A
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•
COLORADO MEMORANDUM
TO: Dale K. Hall, Chairman, Board of County Commissioners
FROM: John S. Pickle, Director, Department of Public Health and
Environment wect .
DATE: Day Care Home Inspection Contract
Enclosed Enclosed for Board review and approval is a contract between the Colorado Department of
Social Services and the Weld County Department of Public Health and Environment (WCDPHE)
for the inspection and investigation of day care homes in Weld County.
Under the terms of this contract,WCDPHE 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.
For these services, WCDPHE will receive a sum not to exceed $59,670 for the time period
July 1, 1999 through June 30, 2000. This is an increase of$7,276 over last year's contract with
no significant change in workload.
I recommend your approval of this contract.
Enc.
991554
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