HomeMy WebLinkAbout990775.tiff RESOLUTION
RE: APPROVE DEINSTITUTIONALIZATION PROJECT CONTRACT AND AUTHORIZE
CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Deinstitutionalization Project Contract
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Human Services, Area Agency
on Aging, and the Colorado Health Care Policy and Financing, commencing April 15, 1999, and
ending June 30, 1999, 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 Deinstitutionalization Project Contract between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,
on behalf of the Department of Human Services, Area Agency on Aging, and the Colorado
Health Care Policy and Financing be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said contract.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 12th day of April, A.D., 1999, nunc pro tunc April 15, 1999.
BOARD OF COUNTY COMMISSIONERS
LD COUNTY, OL RADO
ATTEST: 4.11
Dale K. Hall, Chair
Weld County Clerk to e
I8GI ^-, EXCUSED DATE OF SIGNING (AYE)
�Y ��1 Barba J. Kirkmeyer, Pro-Tem
BY: 7
Deputy Clerk to th '111'�
1Georgaxter
A V S TO FORM:
. J. Geile
ounty Attorney
Glenn Vaa
,/ 990775
//S HR0070
HR0070
990775
CONTRACT WAS NOT
SIGNED BY THE STATE .
CONTRACT VOIDED .
Department or Agency Number
UHA
Contract Routing Number
DEINSTITUTIONALIZATION PROJECT CONTRACT
THIS CONTRACT, made this 1st day of April, 1999, by and between the State of Colorado for the use and benefit of
the Department of Health Care Policy and Financing, 1575 Sherman Street, Denver, Colorado 80203-1714
hereinafter referred to as the State or the Department and County Division of Human Services Area Agency on Aging
By and Through The Weld County Board of Commissioners, 1551 North 17th Avenue, Greeley, CO 80631,
hereinafter referred to as the contractor.
WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made
available and a sufficient unencumbered balance thereof remains available for payment in Contract Encumbrance
number and for the Single Entry Point program, COFR's codes: Fund 100, Agency UHA,
Appropriation Code 121; and
WHEREAS, required approval, clearance and coordination have been accomplished from and with appropriate
agencies, and
WHEREAS, the State has established a Colorado Medical Assistance Program in order to participate in Title XIX
of the Social Security Act(Medicaid), and
WHEREAS, the Department is the designated single Colorado agency responsible for the administration of the
Medicaid program, pursuant to 26-4-104, Colorado Revised Statutes (C.R.S.), as amended, and
WHEREAS, the Department desires to enter into this Contract with the Contractor herein for the administration of
the Deinstitutionalization Project as set forth in greater detail below,and
WHEREAS, as of the date of the execution of this Contract, the Contractor meets all statutory and regulatory
requirements for entering into this Contract,
NOW THEREFORE, it is hereby agreed that:
I. Contract Operative Clauses
1) The Deinstitutionalization Project is a research oriented project to identify the characteristics of nursing facility
clients who can most successfully be deinstitutionaiized into a community based setting. Contractor will provide
data and information as required by the State which will permit the State to identify these characteristics.
2) Contractor shall perform the following activities and functions as required under the Deinstitutionalization project::
a. From among eligible clients housed in nursing facilities, and who shall be designated by the State,
Contractor shall select clients for whom they will determine a reasonable potential for Deinstitutionalization
from the nursing facility and into the community.
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b. Contractor shall conduct on-site visits to selected residents and/or families of residents of nursing facilities in
order to provide information regarding community based services and to assess the appropriateness of
relocation from the nursing facility into community based options.
c. If the client elects to leave the nursing facility and enter the community, Contractor shall guide the client
and/or client's family and facilitate completion of the administrative and programmatic requirements to enter
community based care.
d. In a form and manner to be selected by the State, Contractor shall collect and report summary and client
specific data and information sufficient to enable the State to complete research requirements under this
project. This will entail collection of data and information in regard to:
(1) clients to whom informational visits are made in nursing facilities
(2) clients who elect not to leave the nursing facility
(3) clients who elect to leave the nursing facility
e. Collection and reporting of additional research oriented information above information which is normally
• reportable to the State under Single Entry Point requirements for those clients who enter community based
care from a nursing facility under this research project.
3) Contractor agrees to perform its obligations hereunder in conformity with the provisions of Title XIX of the Social
Security Act, other relevant federal and state laws and all pertinent federal and state regulations promulgated
pursuant thereto; including, without limitation, the Colorado Human Services Code, Section 26-1-101, et. seq.,
C.R.S., as amended, and those applicable portions of the Staff Manuals of the Colorado Department of Human
Services and the Colorado Department of Health Care Policy and Financing: Volume 3, entitled "Income
Maintenance," 9 C.C.R. §2503-1; Volume 5, entitled "Finance and Accounting," 11 C.C.R. §2508-1; Volume 8,
entitled "Medical Assistance." 10 C.C.R. §2505-10; and Volume 10, entitled "Services for the Aging," 12 C.C.R.
§2510-1, as all the foregoing provide on the date this Contract is executed, and as they may later be amended.
II. Contract General Clauses
The following clauses apply to this contract only. 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.
1) Term
The term of this Contract shall be April 15, 1999 , through June 30, 1999. As of the date that the parties have
entered this contract, the contract term corresponds to the time period for which the Colorado Legislature has
appropriated funds to operate the Deinstitutionalization Project.
2) INDEPENDENT CONTRACTOR
THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR
AND NOT AS AN EMPLOYEE. FOR THE PURPOSES OF THIS CONTRACT ONLY, 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 AND 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. 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
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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.
3) 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. Sec. 6101 et. seq.
- Age Discrimination in Employment 29 U.S.C. 621-634
Act of 1967
- Americans with Disabilities Act 42 U.S.C. 12101 et seq. A"Checklist for Existing Facilities"
of 1990 (ADA) is available from the State as a
guideline for compliance with the
Americans with Disabilities Act.
- Equal Pay Act of 1963 29 U.S.C. 206(d)
- Immigration Reform and Control 8 U.S.C. 1324b
Act of 1986
- Section 504 of the Rehabilitation 29 U.S.C. 794
Act of 1973
- Title VI of the Civil Rights Act 42 U.S.C. 2000d
of 1964
- Title VII of the Civil Rights Act 42 U.S.C. 2000e
of 1964
- Title IX of the Education Amend- 20 U.S.C. 1681 et seq.
ments of 1972
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
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.
A. The Contractor will not discriminate against any person on the basis of race, color, national origin, age, sex,
religion and handicap, including Acquired Immune Deficiency Syndrome (AIDS) or Human Immunodeficiency
Virus (HIV), 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 reas on 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.
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4) 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, or unless ordered by a court
of competent jurisdiction. 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.
5) Conflict of Interest
During the term of this contract, Contractor shall not engage in any business or personal activities or practices or
maintain any relationships which conflict in any way with the Contractor fully performing his/her obligations under this
contract.
Additionally, Contractor acknowledges that, in governmental contracting, even the appearance of a conflict of
interest is harmful to the interests of the State. Thus, Contractor agrees to refrain from any practices, activities or
relationships which could reasonably be considered to be in conflict with the Contractor's fully performing his/her
obligations to the State under the terms of this contract, without the prior written approval of the State.
In the event that the Contractor is uncertain whether the appearance of a conflict of interest may reasonably exist,
Contractor shall submit to the State a full disclosure statement setting forth the relevant details for the State's
consideration and direction. Failure to promptly submit a disclosure statement or to follow the State's direction in
regard to the apparent conflict shall be grounds for termination of the contract.
6) 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.
a. Standard Workman's Compensation and Employers' Liability
1)As required by State statute including occupational disease, covering all employees at the 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.
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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-insurance,
as is necessary to meet Contractor's liabilities under the Act. Proof of such insurance shall be provided upon request
by the State.
7) 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.
8) Billing/Payment Procedure
The State shall establish billing procedures and reimburse the Contractor in such amounts as may from time to
time be specified by the State pursuant to applicable federal and state statutes and regulations. The specific
methodology for calculating the payment to the contractor is described in "Compensation/Maximum Payable". Total
compensation to the Contractor under this contract shall not exceed the limitation contained in the General Provision
entitled"Compensation/Maximum Payable."
The Contractor shall receive state and federal funds in monthly payments from the State. Allowable agency
expenditures are set forth by Federal rules, CFR Title 45, Part 74, Appendix G; Office of Management and Budget
Circular A-87 or A-122, whichever is applicable; and the U.S. Department of Health and Welfare, December 1976,
Cost Principles and Procedures for Establishing Cost Allocation Plans and Indirect Cost Rates for Grants and
Contracts with the Federal Government as indicated presently or amended in the future.
The Contractor shall be reimbursed $270 per client for each nursing facility client for whom Contractor performs an
informational interview and deinstitutionalization potential evaluation through working with the clients and/or their
families. The Contractor shall be reimbursed an additional sum of$200 per client for each client who elects to leave
a nursing facility and enter care in a community setting for additional required research related client monitoring and
reporting of client specific and summary information as required by the deinstitutionalization project.
9) Compensation/Maximum Payable
Payment pursuant to this Contract will be made as earned, in whole or in part, from available state and federal
funds encumbered in an amount not to exceed $3,000.00 (Three thousand and 00/100 Dollars)for the purchase of
the within-described services during the period,April 15, 1999 through June 30, 1999. The liability of the State, at any
time, for such payments shall be limited to the unspent amount remaining of such encumbered 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.
10) 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.
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11) Records Maintenance and Reporting
The contractor shall maintain a complete file of all records, documents, communications, and other materials
which pertain to the operation and evaluation 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.
Contractor shall complete reports as required by the State and cooperate with ail program monitoring and
evaluation efforts by the State.
12) Records Retention and Availabili
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. Contractors and sub-contractors will
retain automated and manual records in a condition and manner which will enable transfer or transmission to other
organizations. In the eventuality that a contract and/or sub-contract are terminated, the contractor and/or sub-
contractors will cooperate with the state in the transmission or transferring of records as necessary to a designated
organization.
13) 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.
14) Audits
The Contractor authorizes the State 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 Contractor's performance hereunder. Upon
implementation of an audit within this period of three years, the Contractor shall retain records necessary for the
completion of the audit until the audit is completed and this completion may exceed three years.
Any amounts that 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 received in accordance with remedies.
15) Assignment/Delegation/Subcontracting/Memorandums of Understanding
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. After approval by the state, delegation of duties and obligations of the
contractor shall be evidenced by a written subcontract or memorandum of understanding between the contractor and
the agent to whom the duties and obligations are delegated. Subcontracts or Memorandums of Understanding
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 or agent hired through memorandum of understanding. Failure
of the subcontractor or agent hired through memorandum of understanding to provide services in accordance with
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the requirements of this contract shall be the responsibility of the Contractor. Contractor warrants and agrees that
any subcontract or memorandum of understanding resulting from its performance under the terms and conditions of
this contract, shall include a provision that the said contractor or agent hired through memorandum of understanding
shall require the said subcontractor or agent hired through memorandum of understanding 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 or
memorandums of understanding shall include a provision that the subcontractor or agent hired through memorandum
of understanding shall indemnify and hold harmless the State of Colorado, Department of Health Care Policy and
Financing. Subcontractors or agents must be certified to work on any equipment for which their services are
obtained.
16) 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.
17) Single Audit Clause
All non-profit contractors, cooperating state agencies and county governments receiving more than $300,000 per
fiscal year in federal funds shall comply with the requirements for audit as established by the U.S. Office of
Management and Budget Circular Number A-128 and A-133 for obtaining financial and compliance audits. The
standards to be followed may also be found in the Standards for Audit of Governmental Organizations, Programs,
Activities and Functions issued by U.S. General Accounting Office, 1988 Revision, or the Guidelines for Audits of
Federal Awards to Non-profit Organizations (April 1989) published by the Department of Health and human Services.
For purposes of state and local governmental agencies, the term independent auditor means a state or local
government auditor who meets the independence standards specified in Generally Accepted Auditing Standards; or
a public accountant who meets such standards.
All for-profit contractors shall comply with the a bove requirements for non-profit contractors.
18) 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
Roger Gunter i ' pc
Manager _!:) ,-c (A or—
Provider Rates and Finance
~ 5
Coto. Dept of Health Care / S
Policy and Financing �>e fd C_c r �� t L,c >,pnJ c�
e-r'U, c c-
•
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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
Roger Gunter l C' c) �''•
p .
Manager
Provider Rates and Finance
Cob. Dept of Health Care l J(z)`l Inc o As.r" "� cc, /-E"l(Th 1
Policy and Financing Lucid� I C ou
1575 Sherman Street, 5th Floor µu j �� rot
Denver, Colorado 80203-1714
19) Litigation
The Contractor shall promptly notify the State in the event that the Contractor learns of any actual litigation in
which the Contractor 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
Department's Executive Director. The term "litigation" includes an assignment for the benefit of creditors, and filings
in bankruptcy, reorganization and/or foreclosure.
20) Disputes
Any dispute concerning the provision of direct services by the Contractor shall be resolved in accord ance with the
procedures set forth at section 8.394.4, entitled "APPEAL PROCESS," Volume 8 of the Department's staff manual,
10 C.C.R. §2505-10.
21) 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 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 or
employees of sub-contractors or agents hired by memorandum of understanding 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;
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. Recover incorrect payments to the Contractor due to omission, error, fraud, and/or defalcation 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 Contract 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 may be
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.
g. Any other remedy afforded to the State at section 8.391.25 ("Agency termination or non-renewal of
contract"), section 8.391.26 ("Emergency termination of agency contract"), section 8.394
("ACCOUNTABILITY MECHANISMS FOR SINGLE ENTRY POINT AGENCIES"), Volume 8 of the
Department's staff manual, 10 C.C.R.§2505-10, or otherwise under law.
22) Termination for Convenience
This contract may be terminated at the convenience of either party by giving the other party sixty (60) 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.
23) 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.
24) Integration of Understandings
This Contract is intended as the complete integration of all understandings between the parties as to the subject
matter hereof. 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.
25)Special Provisions
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 judgement as certified by the
controller.
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g; in the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules. regulations.or orders.this con-
.e: :toy he canceled. :ern.nated or suspended to whole or in par: an; ::e contractor may be declared ineligible for further State contracts In accordance
with procedures.authonzed in Executive Order, Equal Opportunity and Alirmative Action of.Annl Id. 1975 and the rules. regulations.or orders nromuivated
,n accordance therewith,and such other sanctions as may be imposed Ind 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.
(hi The contractor will include the provisions of paragraphs fa) through chi 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 Apni 16. 1975, so that such provisions will be binding
upon each subcontractor or vendor.The contractor will take such action with respect to any subcontracting or purchase order as the contracting agency may
direct.as a means of enforcing such provisions,including sanctions for noncompliance: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 817101 $ 102 for preference of Colorado labor arc applicable to this contract if public works within the State are undertaken hereunder
and arc financed in whole or in part be State funds.
6o 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 nonresident bidder
from a state or foreign country equal to the preference given or required by the state or foreign country in which the nonresident 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 other-
wise be available or would otherwise he 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 819101 and 103).
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 extrajudicial 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 pan shall be valid or enforceable or available in arc 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 2430202.4 (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 21,Title 39,CRS: (e)
unpaid loans due to the student loan division of the department of higher education,(dl owed amounts required to be paid to the unemployment compensation
fund: and(et 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.
l0.The signatories aver that they are familiar with CRS 18-8-301,et.seq..(Bribery and Corrupt Influences) and CRS 188401.et.seq.,(Abuse of Public Office),
and that no violation of such provisions is present.
II.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 lust above written.
County Division of Human Services Area on
Contractor: Aging By and Through the Weld County STATE OF COLORADO
Board of Commissioners Bill Owens. Governor
(Full Legal Name)
•
• By
s 'ul ' .'umb',or ':IN EXECUTIVE DIRECTOR
For James T. Rizzuto
� Ignaturc of Authonz.d 010cF?
Dale K. all Ch 'r
Ili:or A 0 .aid n(sic
If Corporation:
GQ- :ARTNIENT OF
__
Attest(Seal) By [7-7/)..
Deputy Clerk to the Bo. ��� �J - tA
1N
ATTORNEY GENERAL - _.� APPROVALS STATE CONTROLLER
By By
Form 6-AC-02C •
Revised 2/99
615-82-50-6038
AG Fi e No.P./Lo/CONTRAC r/OFPCAVSPEC PP0v ecc 953.211079 210
SPECIAL PROVISIONS
CONTROLLER'S APPROVAL •
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.
- Tms provision is applicable to any contract involving the payment of money by the State.
FUND AVAILABILITY
_. Financial obligations of the State of Colorado payable after the current fiscal year are continent upon funds for that purpose'being appropriated, budgeted.
and otherwise made available.
BOND REQUIREMENT
_. If this contract involves the payment of more than fifty thousand dollars for the construction,erection,repair,maintenance,or improvement of any budding,
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 surery 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 subcon-
tractors fail to duty pay for any labor,materials, team hire,sustenance, provisions.provendor or other supplies used or consumed by such contractor or his
subcontractor in performance of the work contracted to be done or fails to pay any person who supplies rental machinery,tools, or equipment in the prose-
cution of[he work the surety will pay the same in an amount not exceeding the sum specified in the bond,together with interest at[he rate of eight per cent
per annum. Unless such bond is executed,delivered and tiled, 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. Tnis provi-
sion 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.dam-
ages, liability and coup 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 [he performance of this contract,the contractor agrees as follows:
(a) The contractor will not discriminate against any employee or applicant for employment because of race,creed,color,national origin,sex,marital status,
religion,ancestry,mental or physical handicap,or age. The contractor will take affirmative action to insure that applicants are employed,and that employ-
ees are treated during employment,'without regard to the above mentioned characteristics. Such action shall include,but not be limited to the following:
employment upgrading, demotion,or transfer, recruitment or recruitment advenisings; lay-offs or terminations; rates of pay or other forms of compen-
sation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants
for employment,notices to be provided by the contracting officer setting forth provisions of this non-discrimination clause.
(b)The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will
receive consideration for employment without regard to race,creed,color,national origin,sex,marital status,religion,ancestry,mental or physical hand-
icap, or age.
(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 under-
standing, notice to be provided by the contracting officer, advising the labor union or workers' representative of the contractor's commitment under the
Executive Order, Equal Opportunity and Affirmative Action,dated April 16, 1975,and rules,regulations, and relevant Orders of the Governor.
(d)The contractor and labor unions will furnish 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[he 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 indi-
vidual from membership in such labor organization or discriminate against any of its members in the full enjoyment work opportunity because of race.
creed,color. sex, national origin,or ancestry.
iC A labor organization. or the employees or members thereof will not aid,abet, incite. compel or coerce the doing of any act deemed in this contract to be
discriminator: or obstruct or prevent any person from complying with the provision of this contract or any order issued thereunder; or attempt, either
directly or indirectly, to commit any act defined in this contract to be discriminatory.
Form 5-AC-02B
Revision 6/97
rill ft:iwie
MEMORANDUM
TO: Dale E. Hall, Chair Weld County Board of Commissioners
C• DATE: 3/31/99
COLORADO FROM: Walter Speckman, Executive Director, Division of Human (�� ��
Services
SUBJECT: Contract Between State of Colorado Health Care Policy
and Financing and The Weld County Division of Human
Services Area Agency on Aging.
Attached is a contract between Health Care Policy and Financing and the Weld County Area Agency
on Aging. Weld County Area Agency on Aging will be participating in a pilot Deinstitutionalization
program which will identify possible nursing home residents who may be interested in receiving
community services through programs in Options for Long Term Care.
The reimbursement for the program will be a maximum of$3,000.00. The contract period is from
April 15, 1999 through June 30, 1999.
990775
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