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RESOLUTION
RE: APPROVE AMENDMENT TO SINGLE ENTRY POINT AGENCY CONTRACT BETWEEN
HUMAN SERVICES' AREA AGENCY ON AGING AND COLORADO DEPARTMENT OF
HEALTH CARE POLICY AND FINANCE, DIVISION OF HEALTH PLAN MANAGEMENT
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 an Amendment to the Single Entry Point
Agency Contract between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, on behalf of the Weld County Human Services' Area
Agency on Aging, and the Colorado Department of Health Care Policy and Finance, Division of
Health Plan Management, commencing May 1, 1996, with further terms and conditions being as
stated in said amendment, and
WHEREAS, after review, the Board deems it advisable to approve said amendment, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Amendment to the Single Entry Point Agency Contract between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, on behalf of the Weld County Human Services' Area Agency on Aging, and the Colorado
Department of Health Care Policy and Finance, Division of Health Plan Management, be, and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said amendment.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 15th day of April, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
Ell
� WELD COUNTY, COLORADO
FXCI1SFf1 f1ATF OF SIC;NINC; (AYE)
j;)tr
y F wadi,
Barbara J. Kirkmeyer Chair
I6G1 T
�� (Q e � ty Clerk to the Board
O(7,\ or E. Baxter, P -T
I0 le_ at
Deputy Cler4 o the Board
Dale K. Hall
APP AS TO FORM FXCI ISFII IlATF OF S C;NINC, (AYE)
Constance L. Harbert
rtfy ttorrtet %go /,,/2) )W^ 22
W. H. Gllebstei`
960623
ac : HS; SrWT HR0067
AMENDMENT
SINGLE ENTRY POINT AGENCY CONTRACT
State of Colorado Fiscal Year 1995-1996
This contract amendment, effective this 1st day of May, 1996, by the Colorado
Department of Health Care Policy and Finance, Division of Health Plan
Management, 1575 Sherman Street, 5th floor, Denver, CO 80203-1714, hereinafter
referred to as the State and, Weld County Board of Commissioners by and
through the Weld County Division of Human Resources' Area Agency on Aging,
hereinafter referred to as the Contractor.
WHEREAS, authority exists in the Law and Funds have been budgeted,
appropriated and otherwise made available through contract # MD96-1324 and a
sufficient unencumbered balance thereof remains available for payment in Fund
Number 100 , Organization Number UHA , and Appropriation 175 ; and
WHEREAS, additional funds have been budgeted, appropriated and otherwise made
available through approval by the Colorado State Legislature and signed into
law by the Governor for the purpose of reimbursement to Single Entry Point
Agencies for additional clients to be served 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 has approved certification of the Contractor as a
Single Entry Point agency,
NOW THEREFORE, it is hereby agreed that:
The first sentence of Page 7, Paragraph 9) Compensation/Maximum Payable is
hereby amended to read:
Payment pursuant to this Contract will be made as earned, in whole or in
part, from available state funds encumbered in an amount not to exceed
S 234,080 for the purchase of the within described services.
The sentences on Page 2 of Exhibit A to the contract which now read:
However, total compensation for the contract term shall not be increased
under this mechanism by more than $ 20,790 above the base contract
amount, i.e., to a maximum total compensation of $ 223,300
The
maximum increase above the base contract amount represents 27
clients above the base client figure.
are hereby amended to read:
However, total compensation for the contract term shall not be increased -
under
this mechanism by more than $ 31,570 above the base contract
amount, i.e. , to a maximum total compensation of $ 234,080
The
maximum increase above the base contract amount represents 41
clients above the base client figure.
Page 1 of 3 Pages
960623
SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
t.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,
mad.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(ails 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 3S-26-106.
INDEMNIFICATION
4. To the extent authorized by law,the contractor shall indemnify,save,and hold harmless the State,its employees and agents,against any and all claims.
damages, liability and court awards including costs,expenses,and attorney fees incurred as a result of any actor omission by the contractor,or its employees,
agents,subcontractors.or assignees pursuant to the terms of this contract.
DISCRIMINATION AND AFFIRMATIVE ACTION
5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957,as amended,and other applicable-law respecting
discrimination and unfair employment practices(CRS 24-34-402),and as required by Executive Order,Equal Opportunity and Affirmative Action,dated April 16.
" 1975.Pursuant thereto.the following provisions shall be contained in all State contracts or sub-contracts.
During the performance of this contract,the contractor agrees as follows:
(a)The contractor will not discriminate against any employee or applicant for employment because of race,creed,color, national origin, sex,
marital status, religion,ancestry,mental or physical handicap,or age.The contractor will take affirmative action to insure that applicants are employed,and that
employees are treated during employment,without regard to the above mentioned characteristics.Such action shall include,but not be limited to the following:
employment upgrading,demotion,or transfer,recruitment or recruitment advertisings;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.
(b)The contractor will,in all solicitations or advertisements for employees placed by or on behalf of the contractor,state that all qualified applicants will
receive consideration for employment without regard to race,creed,color,national origin,sex,marital status,religion,ancestry,mental or physical handicap,
or age.
(c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or
understanding,notice to be provided by the contracting officer,advising the labor union or workers'representative of the contractor's commitment under the
Executive Order,Equal Opportunity and Affirmative Action,dated April 16, 1975,and of the rules,regulations,and relevant Orders of the Governor.
(d)The contractor and labor unions wilt furnish all information and reports required by Executive Order,Equal Opportunity and Affirmative Action of April
16, 1975, and by the rules, regulations'and Orders of the Governor,or pursuant thereto,and will permit access to his books.records,and accounts by the
contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules,regulations and orders.
(e),A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization,or expel any such individual
from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity because of race,creed,color,
sex,national origin,or ancestry.
(f)A labor organization,or the employees or members thereof will not aid,abet,incite,compel or coerce the doing of any act defined in this contract to be
discriminatory or obstruqt or prevent any person from complying with the provisions of this contract or any order issued thereunder;or attempt,either directly
or indirectly,to commit any act definedin this contract to be.discriminatory._-_-_
Form 6-AC-02B
Revised 1/93
395-53-01-1022 1
Mgt , of pages
960623
(g)In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules,regulations,or orders,
this contract may be canceled,terminated or suspended in whole or in part and the contractor may be declared ineligible for further State contracts in
accordance with procedures,authorized in Executive Order,Equal Opportunity and Affirmative Action of April 16, 1975 and the rules,regulations-or
orders promulgated in accordance therewith,and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order.
Equal Opportunity and Affirmative Action of April 16, 1975. or by rules,regulations,or orders promulgated in accordance therewith,or as otherwise
provided by law.
(h)The contractor will include the provisions of paragraphs(a)through(h)in every sub-contract and subcontractor purchase order unless exempted by
rules,regulations,or orders issued pursuant to Executive Order,Equal Opportunity and Affirmative Action of April 16,1975.so that such provisions will
be binding upon each subcontractor or vendor.The contractor will take such action with respect to any nub-contracting or purchase order as the contracting
agency may direct,as a means of enforcing such provisions,including sanctions for non-compliance;provided.however,that in the event the contractor
becomes involved in,or is threatened with,litigation,with the subcontractor or vendor as a result of such direction by the contracting agency,the contractor
may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado,
COLORADO LABOR PREFERENCE
6a.Provisions of CRS 8-17-101&102 for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereunder and
are financed in whole or in part by State funds.
b.When a construction contract for a public project is to be awarded to a bidder,a resident bidder shall be allowed a preference against a non-resident bidder from
a state or foreign country equal to the preference given or required by the state or foreign country in which the non-resident bidder is a resident.If it is determined by
the officer responsible for awarding the bid that compliance with this subsection.06 may cause denial of federal funds which would otherwise be available or would
otherwise be inconsistent with requirements of Federal law,this subsection shall be suspended,but only to the extent necessary to prevent denial of the moneys or to-
eliminate
the inconsistency with Federal requirements(CRS 8-19-101 and 102)
GENERAL
7.The laws of the State of•Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation,execution, and enforcement of this
contract.Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extra-judicial body or person or which
is otherwise in conflict with said laws,rules,and regulations shall be considered null and void.Nothing contained in any provision incorporated herein by reference
which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint.
defence,or otherwise.Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the
contract is capable of execution.
8.At all times during the performance of this contract,the Contractor shall strictly adhere to all applicable federal and state laws,rules,and regulations that have
been or may hereafter be established.
9.The signatories
sucer h that
tprovisionsey reis pr�nt,familiar with CRS 18-8.301.et.seq.,(Bribery and Corrupt Influences)and CRS 18-8-401.et seq..(Abuse of Public Office).
and that violation
10.The signatories aver that to their knowledge,no state employee has any personal or beneficial interest whatsoever in the service or property described herein:
IN WITNESS WHEREOF,the parties hereto have executed this Contract on the day first above written.
Contractor.
(Fut Le.al Name) Weld County, Colorado STATE OF COLORADO
ROY ROWER GOVERNOR
�1 L'- !• � t Board •f Commissioners
ir 04/15/96 fjIXECIiTVEDn
5 urity Num� rat I o t
) DEPA �'MEryj`' �r Q
By � t •
( t .—tr.;deputy
14aluoscc wfwaa(naaexwxacexc•entyClerk to Board
APPROVALS APPROVALS:
STATE CONTROLLER •
ATTORNEY GENERAL CONTROLLER CLIFFORD yyf� W.HALL
r� /�
By - - By BY ,G•�s_fL 8 teat-, r9.�.///
GhNtb.HtIbWHFF CYO/
Fonn 6-AC-02C 2
Revised I/93 page 3 which is the last of pages
395-5J-01-1070 *See instructions on reverse side.
ilk mEmoRAnDum
Elk Barbara J. Kirkmeyer, Chair
7o Board of County Commissioners DateApril 10, 1996
COLORADO From Walter J. Speckman, Executive Director, Human Services
Subject: Options for Long Term Care Contract-Supplemental 1995-1996
Colorado Department of Health Care Policy and Financing has submitted a supplemental request for
additional FY 95-96 funds to the Colorado State Legislature for the Options for Long Term Care
agencies throughout the state. While it appears highly likely that the funds will be approved,we will
not know the outcome of the request for approximately three weeks. The maximum contract amount
for our program will be increased from $223,300.00 to $234,080.00 (a $10,708.00 increase) if the
request is approved.
Enclosed you will find a contract amendment which provides additional funding for our program if
the request is successful. If you have questions, please telephone me at 353-3800, extension 3317.
960623
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