HomeMy WebLinkAbout971130.tiffRESOLUTION
RE: APPROVE SINGLE ENTRY POINT AGENCY CONTRACT BETWEEN AREA
AGENCY ON AGING AND COLORADO DEPARTMENT OF HEALTH CARE POLICY
AND FINANCING 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 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 Department of Human Services, Area Agency
on Aging, and the Colorado Department of Health Care Policy and Financing, commencing
July 1, 1997, 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 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 Department of Human Services, Area Agency on Aging, and the Colorado
Department of 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 16th day of June, A.D., 1997.
AP
unty Attorn
D AS TO F
de.: Ns, sToi)
BOARD OF COUNTY COMMISSIONERS
WELD OUNTY, COLD DO
eorge
. Baxter, Chair
stance L. Harbert, Pro -
Q
Dale K. Hall
4
arbara J. Kirkmeyer
'1/.
W. H. Webster
em
971130
HR0068
Department or Agency Number
UHA
Contract Routing Number
3398-1323
SINGLE ENTRY POINT AGENCY CONTRACT
THIS CONTRACT, made this 1st day of July, 1997, 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 Weld County Board of Commissioners by and through the
Weld County Division of Human Services Area Agency on Aging, 1551 North 17th Avenue, Greeley, CO 80631,
hereinafter referred toas 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 3398-1323 and for the Single Entry Point program, COFR's codes: Fund 100, Agency UHA, Appropriation
Code 175; 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 is authorized, pursuant to Sections 26-1-103(7) and 26-4-521, et. seq., C.R.S. as
amended, to contract with designated Single Entry Point agencies to serve as independent contractors for the
administration of long term care programs, and
WHEREAS, Section 26-4-522, C.R.S., as amended, provides that the Single Entry Point agency shall be
recommended by the Board of County Commissioners, and considered for approval by the Department in
accordance with the authorizing legislation, and
WHEREAS, the Board(s) of County Commissioners of Weld has (have) designated the Contractor to be the
district Single Entry Point agency, and
WHEREAS, the Department has approved certification of the Contractor as a Single Entry Point agency,
WHEREAS, the Department desires to enter into this Contract with the Contractor herein for the administration of
the Single Entry Point program, as set forth in greater detail below, and
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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. Contractor shall perform the functions of single entry point agencies as defined by sections 26-4-507 and 26-4-
522, C.R.S., as amended, and the rules and regulations applicable to the Department and the single entry point
system (hereafter referred to as "state regulations"). These state regulations may be found in fhe Code of
Colorado Regulations (C.C.R.) at 10 C.C.R. §2505-10. and may also be found in Volume 8 of the staff manual
titled Medical Assistance.
2. 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.
3. Contractor shall perform the functions of case management for eligible persons as defined in the state statutes
and regulations, including.but not limited to intake/screening/referral, assessment of client need, development and
implementation of a care plan, on -going case management, monitoring of clients, reassessment, and case
closure.
4. Contractor shall perform all necessary administrative functions for the operation of Single Entry Point agencies,
as defined in the state statutes and regulations, including but not limited to such matters as the following:
a. establishing a community advisory committee for the purpose of providing public input and guidance for
single entry point agency operation;
b. administering a personnel system for recruiting, hiring, evaluating, and terminating employees;
c. performing accounting tasks in compliance with all rules and regulations for accounting practices set forth by
the state department;
d. maintaining adequate liability insurance to meet the state department's minimum requirements for contract
agencies;
e. information management: collecting and reporting of summary and client specific data pertaining to
information and referral services provided by the agency, program eligibility determination, financial eligibility
determination, care planning, service authorization, resource development, and fiscal accountability;
f. recordkeeping: maintaining client records in accordance with program requirements, including the
documentation of all case activities, the monitoring of service delivery, and service effectiveness;
g. resource development: facilitating the development of local resources to meet the long term care needs of
individuals who reside within the single entry point district served by the Contractor;
h. protecting the confidentiality of all applicant and recipient records; and
protecting the client's rights as defined by the state department under applicable programs.
compliance with a signed letter of agreement with the state, a model of which is made part hereof as Exhibit
D, in the use of the Options for Long Term Care Data System if contractor is using this automated system.
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5. Contractor shall comply with the standards as outlined in the state statutes and regulations, staff manual Volume
8: sections 8.390 through 8.539, for the operation of the Single Entry Point agency which include, but are not
limited to the following:
a. Contractor shall afford appropriate and timely access to services for all clients and will facilitate the
application process for potentially eligible individuals and respond in a timely manner to all referrals of eligible
clients;
b. Contractor shall provide thorough assessments of care needs and resources to assure the most appropriate
targeting of all private and public long term care resources to the needs of the clients. Such targeting shall
not supplant but shall support self care, family care and other informal community care;
c. Contractor shall process paperwork in a timely and accurate manner to promote timely service to clients;
d. Contractor shall provide accurate and timely documentation of client and agency activities; and
e. Contractor shall not provide direct services unless a waiver is approved by the State Department based on
criteria set forth in the state regulations for single entry point agencies.
6. Contractor shall certify adult foster care facilities within the single entry point district in accordance with the
Department rules for adult foster care (staff manual volume 8, section 8.483).
7. Contractor shall provide case management functions to recipients of publicly funded long term care programs,
including, but not limited to Medicaid nursing facility care. Home and Community -Based Services for the Elderly,
Blind and Disabled (HCBS-EBD), Home and Community -Based Services for Persons Living with AIDS (HCBS-
PLWA), Home and Community -Based Services for Persons with Brain Injury (HCBS-BI), Home Care Allowance,
Adult Foster Care, and certain in -home services available under the federal "Older Americans Act of 1965, as
amended". The authorization and administration of services through a publicly funded program shall be in
accordance with the program's eligibility criteria, as defined by applicable state and federal statutes and
regulations, as they exist on the date this Contract is executed, and as they may later be amended. Contractor
shall cooperate with the state and the community center boards in the admission of clients with developmental
disabilities to the Home and Community Based Services for the Elderly, Blind and Disabled Program.
8. In accordance with staff manual section 8.392.4, entitled "PRIVATE PAY CLIENTS," the Contractor shall provide
case management services to persons able to pay privately for such services within two years of contractor
implementation.
9. Contractor shall develop procedures for the transfer of clients from one county to another within the Single Entry
Point district and from one district to another in accordance with the state statutes and regulations.
10. Contractor shall provide staff who meet the qualifications set forth in the state statutes and regulations,
to perform the following functions: administrative/supervisory, and case management.
11. Contractor shall arrange for a licensed medical professional to be available to staff for consultation regarding
medical and diagnostic concerns.
12. Contractor shall be considered for certification by the Department in accordance with standards and requirements
set forth in the state statutes and regulations. Decisions about certification shall be based upon but not limited to
on -site visits and other evaluation of agency performance in the following areas: quality of services provided;
compliance with program requirements, including case management standards adopted by the Department;
timeliness; performance of administrative functions, including reasonable cost per client, timely responses,
managing programs in one consolidated unit, on -site visits to clients, community coordination and outreach, and
client monitoring; targeting of populations served; and financial accountability.
13. In accordance with procedures set forth in applicable state statutes and regulations, Contractor performance
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shall be reviewed by the Department or its designee on an ongoing basis. Contractor will be notified within 30
days of the outcome of such reviews, which may result in approval. provisional approval, denial. or termination of
certification. For the purpose of monitoring the Contractor and making certification recommendations, the
Department may designate an agent such as (but not limited to) the Colorado Department of Human Services.
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 July 1, 1997 , through June 30, 1999. During each of the three succeeding years
beyond the first two years (or first partial years) that the Contractor operates as a single entry point agency, the
Contractor shall have an annual option to renew under the same terms and conditions as stated in the contract. As of
the date that the parties have entered this contract, a one-year contract term corresponds to the time period for which
the Colorado Legislature has appropriated funds to operate the single entry point system. Since the term of this
contract is two years in duration, a change order letter, made part hereof as exhibit B shall be issued prior to the
culmination of the first year which will constitute the notification of the numbers of clients for which reimbursement
can occur and the payment levels as specified in Exhibit A of this contract. Such change order letter shall not be
valid until approved by the State Controller or such assistant as he may designate.
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
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
of 1990 (ADA)
42 U.S.C. 12101 et seq.
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A "Checklist for Existing Facilities"
is available from the State as a
guideline for compliance with the
Americans with Disabilities Act.
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Equal Pay Act of 1963
- Immigration Reform and Control
Act of 1986
- Section 504 of the Rehabilitation
Act of 1973
Title VI of the Civil Rights Act
of 1964
- Title VII of the Civil Rights Act
of 1964
Title IX of the Education Amend-
ments of 1972
29 U.S.C. 206(d)
8 U.S.C. 1324b
29 U.S.C. 794
42 U.S.C. 2000d
42 U.S.C. 2000e
20 U.S.C. 1681 et seq.
Section 24-34-302, et seq., Colorado Revised Statutes 1993, as amended.
The Contractor also shall comply with any and all laws and regulations prohibiting discrimination in the specific
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 AIDS related conditions, in
performance of work under this Contract.
B. At all times during the performance of this contract, no qualified individual with a disability shall, by reason of
such disability, be excluded from participation in, or denied benefits of the service, programs, or activities
performed by the Contractor, or be subjected to any discrimination by the Contractor.
C. The Contractor shall take all necessary affirmative steps, as required by 45 CFR 92.36(e) and (Colorado Ex.
Order, Procurement Rules), to assure that small and minority businesses and women's business enterprises are
used, when possible, as sources of supplies, equipment, construction, and services purchased under this
Contract.
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.
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Additionally, Contractor acknowledges that, in governmental contracting, even the appearance of a conflict of
interest is harmful to the interests of the State. Thus. Contractor agrees to refrain from any practices. activities or
relationships which could reasonably be considered to be in conflict with the Contractors fully performing his/her
obligations to the State under the terms of this contract, without the prior written approval of the State.
In the event that the Contractor is uncertain whether the appearance of a conflict of interest may reasonably exist.
Contractor shall submit to the State a full disclosure statement setting forth the relevant details for the State's
consideration and direction. Failure to promptly submit a disclosure statement or to follow the State's direction in
regard to the apparent conflict shall be grounds for termination of the contract.
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.
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 Contractors liabilities under the Act. Proof of such insurance shall be provided upon request
by the State.
THE 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.
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.
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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, including the Colorado Medical Assistance Act Section 26-4-101 et. seq., CRS, as
amended, and the State Rules for the Long Term Care Single Entry Point System, as such statutes
and rules currently exist or may hereafter be amended. State funds shall be allocated to each
Single Entry Point agency based on the number of counties in a district and the average number of
clients served in community -based care programs in that district during each quarter of the contract
term. The specific methodology for calculating the payment to the contractor is described in exhibit
A which is attached to this contract and incorporated herein by reference.
The Contractor shall submit monthly expenditure statements, using forms, procedures and
within time frames prescribed by the State. Failure to submit the expenditure statements or to enter
expenditures in the Automated Personnel Payment System within the time frames established by
the state may result in the withholding of payments by the state until the statements are received.
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.
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 $309.320.00 for the purchase of
the within -described services during the period, July 1, 1997 through June 30, 1998. The amount to
be encumbered for the July 1, 1998 through June 30. 1999 period will be provided by the State in a
change order letter, made part hereof as exhibit B. to be issued prior to the culmination of the first
year of this contract. The specific methodology for calculating the payment to the contractor is
described in exhibit A which is attached to this contract and incorporated herein by reference. The
liability of the State, at any time, for such payments shall be limited to the unspent amount
remaining of such encumbered funds. At the end of the term of this contract, the total expenditures
billed by the Contractor shall be reconciled with the total compensation already paid or still owed by
the State. subject to the maximum encumbrance stated above. Contractor will return any excess
funds received by it to the State by August 1, 1997.
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 all program monitoring and
evaluation efforts by the State.
12) Records Retention and Availability
All such records, documents, communications, and other materials shall be the property of the State unless
otherwise specified herein and shall be maintained by the Contractor, in a central location and custodian, in behalf of
the State. for a period of three (3) years from the date of final payment under this Contract, or for such further period
as may be necessary to resolve any matters which may be pending, or until an audit has been completed with the
following qualification: If an audit by or on behalf of the federal and/or state government has begun but is not
completed at the end of the three (3) year period, or if audit findings have not been resolved after a three (3) year
period, the materials shall be retained until the resolution of the audit findings. 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 necessaryor 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 which have been paid by the State which are found to be improper in accordance with the terms of
this contract shall be immediately returned to the State or may be 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
terms and cond
itions that
of
any subcontract or memorandum of understanding resulting from its performance
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) Beneficia
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
standardrganiztions, Programs.
Acti itiessandbFunctions issued Iby U.S. General Accounting Office, u1d988fGovernmental
tomay aso be found in the Stanards for Ait 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 above requirements for non-profit contractors.
18) Notice and Representatives
Representatives (for contracts exceeding $50,000):
ives For the c purposes . this r party he fromindividuals
to time designate in writing a new designated
orr substitute representative(s)e
respective parties. Either party may
For the Contractor
For the State:
Roger Gunter
Manager
Provider Rates and Finance
Cob. Dept of Health Care
Policy and Financing
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Notice for Contracts exceeding $50,000:
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
Manager
Provider Rates and Finance
Cob. Dept of Health Care
Policy and Financing
1575 Sherman Street, 5th Floor
Denver, Colorado 80203-1714
/47, f,„„A
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 performance of the contract or the provision of direct services by the Contractor shall be
resolved in accordance 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;
Page 10 of 14
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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.
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.
3) The contractor shall grant to the State of Colorado ownership of all files, documentation and
hardware purchased by the State for the PRO data system, the Integrated Long Term Care Database,
and the Options for Long Term Care data system. Such ownership rights shall not include data and
software leased or purchased from other firms to which such data and software is proprietary in nature.
State ownership includes but is not limited to :
All computer software and programs developed for the state which have been designed,
developed or provided by the contractor or acquired by the contractor, which are not proprietary,
and are used in operating these data systems.
• All necessary data files to include those produced under the PRO data system. the Integrated
Long Term Care database, the Options for Long Term Care data system and any other client
specific data incurred in the fulfillment of this contract.
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.
Page 11 of 14
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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) The Contractor shall be reimbursed $90 for each client for whom assessment is performed by the Contractor and
who selects and is enrolled in the Total Long Term Care Program. Funds for these payments are not encumbered as
a part of this contract but rather are paid on a fee for service basis by submission to the state of an invoice for
payment. The number of clients for whom such payment can be made cannot exceed 75 clients throughout the state
in each fiscal year period. At the point at which the state has reimbursed contractors for a total of 75 clients, if this
number of reimbursement payments occur, the State will notify all contractors by means of a "Dear Administrator
Letter" that no further payments can be made during the current fiscal year.
Page 12 of 14
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CONTROLLER'S APPROVAL
I. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate. This
provision is applicable to any contract involving the payment of money by the State.
FUND AVAILABILITY
SPECIAL PROVISIONS
2. Financial obligations of the State of Colorado payable after the current fiscal year arc 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 Slate, 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, took, 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
tried, 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 Slate 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
1975. Pursuant thereto, the following provisions shall he contained as
in all State cone required acts by cOrder.
or suh-conocl Equal Opportunity and Affirmative Action, dated April 16,
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 arc 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 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 ofticer setting fonh provisions of this non-discrimination clause.
hi 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.
(cl The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or
understanding, notice to be provided by the contracting officer. advising the labor union or workers' representative of the contractor's commitment under the
Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the rules, regulations, and relevant Orders of the Governor.
(d) The contractor and labor unions will furnish all information and reports required by Executive Order, Equal Opportunity and Affirmative Action of April
16, 1975. and by the rules, regulations'and Orders of the Governor, or pursuant thereto, and will permit access to his books. records, and accounts by the
contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules, regulations and orders,
(e) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization, or expel any such individual
from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity because of race, creed, color.
sex, national origin, or ancestry.
(f) A labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce the doing of any act defined in this contract to be
discriminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder; or attempt, either directly
or indirectly, to commit any act defined in this contract to be discriminatory.
Form 6 -AC -02B
Revised 1/93
395-53-0I-1022
page 13 of 14 pager
971130
•(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 (It) in every sub -contract and subcontractor purchase order unless exempted by
rules, regulations, or orders issued pursuant to Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, so that such provisions will
be binding upon each subcontractor or vendor. The contractor will take such action with respect to any sub -contracting or purchase order as the contracting
agency may direct, as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event the contractor
becomes involved in, or is threatened with, litigation, with the subcontractor or vendor as a result of such direction by the contracting agency, the contractor
may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado.
COLORADO LABOR PREFERENCE
6a. Provisions of CRS 8.17.101 A 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 pan 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 requited 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 aver that they are familiar with CRS 18-8-301. et. seq., (Bribery and Corrupt Influences) and CRS 18-8-401, et. seq., (Abuse of Public Office),
and that no violation of such provisions is present.
10. The signatories aver that to their knowledge. no state employee has any personal or beneficial interest whatsoever in the service or property described herein:
IN WITNESS WHEREOF, the panics hereto have executed this Contract on the day first above written.
Contractor:
(Full Legal N )
Position (Title)
If Corporation:)
Attest (Seal)
By
ATTORNEY GENERAL
Sot
Corporate sccteury. or
By
Form 6 -AC -02C
Revised 1/93
615-82-50-6038
Weld County Board of Commissioners by and through the
Weld County division of Human Services Area Agency on Aging
STATECOLORADO
ROY O' ER, GOVERNOR
By
fors EX
uescher
EP
OF ARTif alth Care Policy and Financing
Approvals:
APPROVALS State Controller
CONTROLLER Ci. 'or W. Hall
Page 14 which is the last of 14 pages
'See instructions on reverse side.
Exhibit A
Methodology for Calculating Total Compensation and Monthly Payments to Contractor:
Total compensation for the two-year term of the contract will be subject to adjustment in accordance with the average
number of community -based clients served by the Contractor during each of the first three quarters of the contract
term (7/1/97 - 9/30/97, 10/1/97 - 12/31/97, and 1/1/98 - 3/31/98 and 7/1/98 - 9/30/98, 10/1/98 - 12/31/98 and 1/1/99 -
3/31/99). Payment to the Contractor will be made in monthly installments, but the amounts contained in those
monthly payments will be subject to adjustment in accordance with the procedures described below.
The "average number of community -based clients" shall be calculated as follows: A census of clients will be taken
each month by the state. The categories to be included in this census are (1) "HCA ONLY (Home Care Allowance
Only)", (2) "HCA-KING", (Home Care Allowance, Client sought services due to King lawsuit, (3) "HCA + HCBS"
(Home Care Allowance with Home and Community Based Services)", (4) HCA PLUS HCBS - KING (Home Care
Allowance and Home and Community Based Services, client sought services due to the King lawsuit (5) "AFC
ONLY (Adult Foster Care Only)", (6) "AFC + HCBS (Adult Foster Care with Home and Community -Based
Services)", (7) "HCBS-EBD ONLY (Home and Community -Based Services for the Elderly, Blind, and Disabled
Only)", (8) "HCBS-EBD-KING" (Home and Community Based Services for the Elderly, Blind and Disabled, client
sought services due to the King lawsuit (9) "HCBS-PLWA ONLY (Home and Community -Based Services for
Persons Living with AIDS Only)", and (10) "HCBS-BI ONLY (Home and Community -Based Services for Persons
with Brain Injury Only)". These categories are mutually exclusive and each case shall appear in only one category.
Cases which may be counted in these categories are those clients who have received at least one service which is
eligible for reimbursement under the program indicated, and who have not been terminated from the program. For
each quarter of the contract term, the Contractors "average number of community -based clients" will be determined
by averaging the census for the three months in that quarter.
In the event that the average number of community -based clients served by the Contractor during each of the first
three quarters of the contract term is between 322, the "Case Loss Threshold", and 339 clients, total compensation to
the Contractor for the entire contract term shall be in the amount of $275,946.00, which shall be known as the "base
contract amount." The figure of 339 clients shall be known as the "base client figure."
During the first quarter of the contract term (7/1/97 - 9/30/97), the Contractor shall be paid $68,986.50, divided into
three equal monthly payments. The compensation for the first quarter is equal to one-fourth of the base contract
amount and assumes that the average number of community -based clients served by the Contractor during the first
quarter will equal the base client figure.
Actual compensation to the Contractor during the second. third, and fourth quarters of the contract term shall be
determined by comparing (1) the actual, average number of community -based clients served during the preceding
quarter with (2) the base client figure for the Contractor.
If the average number of community -based clients served by the Contractor exceeds the base client figure during any
of the first three quarters of the contract term, total compensation to the Contractor shall be increased by $814
(Annual Rate) for each additional client beyond the base client figure. (The following examples illustrate the
foregoing principle. (A) If the Contractors base client figure is 100 and the Contractors average case count is 103 in
each of the first three quarters of the contract term, total compensation will be increased above the base contract
amount by 3 times $814 = $2442. (B) If the Contractors base client figure is 100 and the Contractor experiences an
average case count of 106, 106, and 108 during the first three contract quarters, total compensation will be increased
above the base contract amount by 8 times $814 = $6512. (C) If the Contractors base client figure is 100 and the
Contractor experiences an average case count of 102, 99, and 105 during the first three contract quarters, total
Page 1 of 3
971130
Exhibit A
compensation will be increased above the base contract amount by 5 times $814 = $4070. However, total
compensation for the contract term shall not be increased under this mechanism by more than $33,374.00 above the
base contract amount, i.e., to a maximum total compensation of $309.320.00. The maximum increase above the
base contract amount represents 41 clients above the base client figure: the figure of 380 clients shall be known as
the "maximum reimbursable client figure." Payment of the additional compensation shall be made in equal
installments over the number of months remaining in the contract term.
In the eventuality of an occurrence which will foreseeably cause rapid growth of the number of clients being served
by the Contractor, the State and the Contractor may mutually agree to compensation of the Contractor based on a
number of clients which exceeds the present quarterly average and which does not exceed the maximum
reimbursable client figure. If the average quarterly number of clients for which the Contractor is paid under this type
of agreement is not reached during the first , second or third quarters. the Contractor shall reimburse the State for the
difference in compensation between that average client count for which payment has been made and the highest
average client count which has occurred during the first, second or third quarters. Where the Contractor has not
reimbursed the State, the State may also recoup the amount of reimbursement from any payments due under this
contract.
If the average number of community -based clients served by the Contractor falls below 322 clients during any of the
first three quarters of the contract term. payment to the Contractor during the following quarter shall be decreased.
The amount of the decrease shall equal $203.50 times the figure obtained by subtracting (1) the average number of
community -based clients served during the preceding quarter from (2) the base client figure.
After the client counts for the third quarter are reported (i.e., for months through March 1998), no later client counts
will be used in calculating the compensation for the contract term. It is possible that, following the third quarter, some
additional funds will become available to compensate SEP agencies which have experienced high growth in their
client case counts, such that they exceed the "maximum reimbursable client figure", during the first three quarters of
the contract term. Such additional funds, if any, would become available if one or more of the SEP agencies does
not reach its maximum reimbursable client figure during the first three quarters. In that event, any excess available
funds may be proportionately distributed among those SEP agencies which, during any of the first three quarters,
have experienced average client counts in excess of the maximum reimbursable client figures stated in their current
contracts. As part of its calculations for distributing such excess funds. the State shall compute the largest difference
between (a) each agency's average client case count in each of the first three quarters and (b) that agency's
maximum reimbursable client figure. For example, consider agency A which has a maximum reimbursable client
figure of 115 and experiences average case counts of 110, 115, and 120 during the first three quarters of the contract
term; and agency B, which also has a maximum reimbursable client figure of 115 and experiences average case
counts of 120, 120 and 120 during the same time period. Each of these agencies would be entitled to the same
proportionate share of excess SEP funds, if any, which become available through funds released from agencies
which do not reach the maximum reimbursable client figure after the third quarter of the contract term. Notification to
the Contractor by the State of changes in the maximum reimbursable client figure and the maximum total
compensation under the provisions of this paragraph shall be made to the Contractor by means of a change order
letter, made part hereof as Exhibit C. Such change order letter shall not be valid until approved by the State
Controller or such assistant as he may designate.
Page 2 of 3
971130
Exhibit A
If adjustments occur in the state and/or federal funds through supplemental funds which are appropriated for this
program, the funding available to the contractor for client caseload growth may be adjusted in proportion to the
overall change in appropriation. Adjusted funding shall be made available by notification to the contractor by the
state and shall not require amendment of this contract.
The Contractor shall be reimbursed an amount of $90 for each client for whom assessment has occurred, and who
selects and is enrolled in the Total Long Term Care program, as long as funding remains available for this purpose.
In the eventuality that the annual funding available for this service has been expended, the state will notify, through
the "Dear Administrator Letter system. all Single Entry Point Contractors that payment will no longer be available.
These payments are on a fee for service basis and are not encumbered as a part of this contract
Page 3 of 3
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Exhibit B
Change Order Letter
Date:
State Fiscal Year
Change Order Letter No.
In accordance with Paragraphs II-1,Page 4 and 11-9, Page 7 of contract routing number
of Colorado Department of Health Care Policy and Financing and
covering the period of
the undersigned agree the first sentence of Paragraph 9. Page 7,
Compensabon/Maximum Payable which reads:
between the State
through
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 for the purchase of the
within -described services during the period. July 1, 1997 through June 30, 1998.
is hereby amended for the period July 1, 1998 through June 30, 1999 to read:
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 $ for the purchase of the
within -described services during the period. July 1, 1998 through June 30, 1999.
The "Annual Rate" of $814 per client which appears in the first sentence of Paragraph 6 of Page 1 of
Exhibit A
Is hereby amended for the period July 1, 1998 through June 30, 1999 to read:
$
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 $ above the base contract amount, i.e., to a maximum total compensation of
$ . The maximum increase above the base contract amount represents clients
above the base client figure.
are amended to read:
Page 1 of 2
971130
Exhibit B
However. total compensation for the contract term shall not be increased
under this mechanism by more than $ above the base contract amount, i.e., to a
maximum total compensation of $ The maximum increase above the base contract
amount represents clients above the base client figure.
The third full paragraph on page 2 of Exhibit A which now reads::
If the average number of community -based clients served by the Contractor falls below _clients
during any of the first three quarters of the contract term, payment to the Contractor during the
following quarter shall be decreased. The amount of the decrease shall equal $203.50 (one
quarter of the annual rate) times the figure obtained by subtracting (1) the average number of
community -based clients served during the preceding quarter from (2) the base client figure.
Is hereby amended for the period July 1, 1998 through June 30, 1999 to read:
If the average number of community -based clients served by the Contractor falls below clients
during any of the first three quarters of the contract term, payment to the Contractor during the
following quarter shall be decreased. The amount of the decrease shall equal $ (one quarter
of the annual rate) times the figure obtained by subtracting (1) the average number of community -
based clients served during the preceding quarter from (2) the base client figure.
This amendment to the contract is intended to be effective as of , but in no event shall it be deemed
valid until it shall have been approved by the State Controller or such assistant as he may designate.
Please sign, date. and return all copies of this letter on or before 19 .
Contractor Name: State of Colorado:
Roy Romer, Governor
By:
Name
Title
APPROVALS:
By:
For the Executive Director
Colorado Department of Health Care
Policy and Financing
By: By:
State Controller or
Finance Division
For Provider Rates and
Page 2 of 2
Authorized Designee
971130
Exhibit C
Change Order Letter
Date:
State Fiscal Year:
Change Order Letter No.
In accordance with Paragraph 10 of Page 2 of Exhibit A of contract routing number between the State of
Colorado Department of Health Care Policy and Financing and
covering the period of through
the undersigned agree the first sentence of Paragraph 9, Page 7, Compensation/Maximum Payable is hereby
amended to read:
Payment pursuant to this Contract will be made as earnedin whole or in part, from available
state funds encumbered in an amount not to exceed $ for the purpose of the within
described services.
This constitutes an increase / decrease in the maximum compensation to be made to the Contractor by the State
under this contract of $
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 $ above the base contract amount, i.e., to a maximum total compensation of
$ The maximum increase above the base contract amount represents clients
above the base client figure.
are amended to read:
However, total compensation for the contract term shall not be increased under this mechanism
by more than $ above the base contract amount, i.e.. to a maximum total compensation of
$ . The maximum increase above the base contract amount represents clients
above the base client figure.
This amendment to the contract is intended to be effective as of , but in no event shall it be deemed
valid until it shall have been approved by the State Controller or such assistant as he may designate.
Page 1 of 2
971130
Exhibit C
Please sign, date, and return all copies of this letter on or before 19
Contractor Name: State of Colorado:
Roy Romer, Governor
By:
Name
Title
APPROVALS:
By:
For the Executive Director
Colorado Department of Health Care
Policy and Financing
By: By:
State Controller or
Finance Division
For Provider Rates and
Page 2 of 2
Authorized Designee
971130
Exhibit D
OPTIONS FOR LONG TERM CARE DATA SYSTEM
LETTER OF AGREEMENT
Purpose: This letter of agreement for the installation and testing of the Options for Long Term Care Data System
(OLTC-DS), training of the OLTC staff and supervisors, helping with the conversion of OLTC staff to automated
processing, problem identification and resolution and ongoing maintenance, between the Options for Long Term
Care Agency (OLTC), the Colorado Foundation for Medical Care (CFMC)and the Colorado Department of Health
Care Policy and Financing (HCPF) must be signed by all parties prior to installation.
This agreement is made by and between the Colorado Department of Health Care Policy and Financing
(referenced as DHCPF or State), the Colorado Foundation for Medical Care (referenced as CFMC) and
(referenced as Agency).
The goal of this agreement is to foster an environment of cooperation, mutual assistance, and self-reliance. It is
understood that this agreement is subject to modification, revision or termination due to changes in federal or state
laws and regulations pertaining to Medicaid and other State funded Medical Service programs and is subject to
available appropriations.
The Options for Long Term Care Data System (OLTC-DS) includes electronic formats of the OLTC Intake and
Care Plan forms, the ULTC-100 (also known as the Assessment form) and the Discontinuation form. The ULTC-
100 is uploaded to the Colorado Foundation for Medical Care for review and approval. In order to automate these
tasks. the Data System provides several processes such as "End of Day" and "Start of Day." One feature of the
Data System is the tracking module for use by the OLTC agency to identify due dates, CSRs, etc. There are also
management reports associated with the system.
A. The State will:
1. Contract for the provision of the Options for Long Term Care Data System (OLTC-DS), including the software
development, modification, and enhancement.
2. Purchase one personal computer, modem, and printer for the use of each agency.
3. Work with both the OLTC agency and the Colorado Foundation for Medical Care to assure the Data System
meets the functional and quality needs of the agencies.
4. Test all software, including enhancements and modifications, prior to release to the OLTC.
5. Approve all software and related documents (such as user manuals) prior to release to the OLTC agency.
6. Mediate any disputes between CFMC and the OLTC agency.
7. Schedule and conduct regular meetings of the Data System's Users Group
8. Publish, in conjunction with CFMC, the Data System Update. These updates will be done quarterly, or more
often as needed
B. The Colorado Foundation for Medical Care (CFMC) will:
1. Be responsible for installation. testing, and maintenance of the hardware and software supplied by the State.
2. Develop, test, maintain, and install at the Agency, the Options for Long Term Care Data System and related
components.
3. Provide technical expertise and assistance to the Agency to resolve problems encountered with the OLTC-DS
or State -purchased equipment when requested by the Agency. Technical advice may be given regarding the
purchase of computer equipment, networking, and other software products.
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4. Respond to each problem or request for assistance from the Agency lead person within one working day of
notification of a problem. CFMC will resolve the problem within two working days if the problem is causing the
OLTC Data System to be unusable or within seven working days if the problem is not disrupting service. If the
problem is major or on -going, CFMC will notify the State within two working days of the nature of the problem
and the plan for resolution.
5. Conduct on -site training on the OLTC Data System for all Agency staff and supervisors who will be using the
OLTC Data System.
6. Determine, with the Agency, the training schedule and format. CFMC will provide up-to-date procedure
manuals to each trainee. The manuals will be updated or replaced as changes are made in the Data System
or its related components.
7. Maintain a problem log which identifies each call for technical assistance or problem resolution. The log will
contain the nature of the problem or question, the date and time the Agency notified CFMC, the date and time
CFMC responded to the Agency, and the resolution of the problem.
8. Assist in identifying and resolving problems with other computer hardware, software or networks at the
Agency. CFMC will assist in resolving problems caused by the installation and operation of the OLTC Data
System to the Agency's computer network.
9. Consult with Agency's identified lead contact person and the Agency's network administrator or their designee
if any modification to the Agency's equipment, software or network is needed. CFMC will assist the agency in
their modification/maintenance efforts.
C. The Agency will:
1. Assign a lead contact person to work with CFMC and the State. This lead person will represent the Agency at
all User's Group meetings, identify problems or concerns about the OLTC Data System to both CFMC and the
State, and be the central contact for all staff at the
2. Agency regarding the OLTC Data System. This person should have previous experience working with
computers (more than novice skills in computer literacy and Windows), the ability to communicate Data
System problems in a clear and concise manner, and the ability to document problems encountered with the
system.
3. Provide adequate space, electricity, and ventilation for the State -purchased computer equipment. The space
will allow for easy access by all case managers and supervisors who need to use the machine. Hardware and
software documentation will be located with the equipment. The State -purchased equipment will be returned
to the State should the Agency cease to be an approved OLTC agency.
4. For any additional computers on which the Agency wishes to have the OLTC Data System installed, the
equipment must meet or exceed the minimum standards as published in the Data System Update. Purchase
of additional computers will be the Agency's responsibility
5. Ensure staff and supervisors of the Agency who will be using the computerized OLTC Data System attend the
training provided by CFMC. This includes but is not limited to: attending all sessions of training, being on
time for the training sessions, and staying for the full training. If staff have never used a computer before,
computer literacy and basic Windows training will be given to them through a supervisor, a co-worker, or
through other training resources (such as community schools, colleges, or other private training) prior to the
installation training.
6. Ensure that staff keep their computer skills active by using the Data System, and by providing refresher
sessions when skills have not been used consistently.
7. Train all new employees who will be using the computerized OLTC Data System. Training can be done by a
supervisor or a co-worker who is skilled with the Data System. CFMC will not be responsible for training new
staff.
8. Call CFMC immediately when any problems with the state -purchased hardware or the Data System software
occurs.
9. Maintain a problem log following installation of the OLTC Data System. The log should identify the nature of
the problem, the staff encountering the problem, the date and time that CFMC was notified of the problem, the
date and time that CFMC responded to the Agency, and the resolution of the problem. For the first three
months of implementation, the problem logs will be submitted to CFMC and the State at the end of each
month.
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10. Responsible for the installation, testing and ongoing maintenance of other hardware, software or networks
within the agency.
Diane Dunn, HCPF Date
Gary Brug, CFMC Date
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MEMO
1,,
To: George E. Baxter, Chairman Weld Board of County Commiss'ibnbrs-
From: Walter Speckman, Executive Director Weld County Division of Human Services
Subject: Contract between Weld Division of Human Services' Area Agency on Aging and
the Department of Health Care Policy and Financing.
Date: June 9, 1997
Enclosed for Board approval is a contract between the Division of Human Services' Area
Agency on Aging and the Department of Health Care Policy and Financing.
The Area on Aging will provide all required Single Entry Point services for appropriate long
term care Medicaid clients in Weld County. Area Agency on Aging will be reimbursed by
Health Care Policy and Financing in the amount not to exceed $309,320.00 during the period,
July 1, 1997 through June 30, 1998. The reimbursement for July 1, 1998 through June 30, 1999
will be provided by the State in a change order letter prior to the culmination of the first year of
this contract.
The term of this Agreement is from July 1, 1997 through June 30,1999.
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