HomeMy WebLinkAbout960754.tiff RESOLUTION
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 Weld County Division of Human Services' Area Agency on Aging,
and the Colorado Department of Health Care Policy and Financing, commencing July 1, 1996, and
ending June 30, 1997, 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
Weld County Division 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 29th day of April, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
539*kJL4/ DW DCOUNTY, COLORA O
G'Gcr�l7, Barb a J. Kirkmeyer, air
['(( '� ` Clerk to the Board
1�\' ► y L --cc -,,e• c: �'�it ` `i
orge,'Baxter, ro-T m
C Jr
!1\ putt'Cler the Board 1
Dale K. Hall
AP V AS TO FO
Constance L. Harbert
t Attorney 11 1 %` '�' 4 ,[ 4;+!(,l /
W. I I: ester
960754
Cc : ffs; iff le: HR0067
Department or Agency Number
UHA
Contract Routing Number
3397-1324
SINGLE ENTRY POINT AGENCY CONTRACT
THIS CONTRACT, made this 1st day of July, 1996, 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 to as the contractor.
WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made
available and a sufficient unencumbered balance thereof remains available for payment in Contract
Encumbrance Number_\nd for the Single Entry Point program, COFR's codes: Fund 100, Agency URA,
Appropriation Code 175; and 3 3? ? - I 3
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
WHEREAS, as of the date of the execution of this Contract, the Contractor meets all statutory and regulatory
requirements for entering into this Contract,
Page 1 of 13 Pages
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 the 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 departments 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
i. protecting the client's rights as defined by the state department under applicable programs.
5. Contractor shall comply with the standards as outlined in the state statutes and regulations, for the operation
of the Single Entry Point agency which include, but are not limited to the following:
Page 2 of 13 Pages 960754
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.
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.
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
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.
Page 3 of 13 Pages
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, 1996 , through June 30, 1997. During each of the four succeeding
years beyond the first year(or first partial year) 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.
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 42 U.S.C. 12101 et seq.
of 1990 (ADA)
- Equal Pay Act of 1963 29 U.S.C. 206(d)
- Immigration Reform and Control 8 U.S.C. 1324b
Act of 1986
Page 4 of 13 Pages 961975,1
- Section 504 of the Rehabilitation 29 U.S.C. 794
Act of 1973
- Title VI of the Civil Rights Act 42 U.S.C. 2000d
of 1964
- Title VII of the Civil Rights Act 42 U.S.C. 2000e
of 1964
- Title IX of the Education Amend- 20 U.S.C. 1681 et seq.
ments of 1972
Section 24-34-302, et seq., Colorado Revised Statutes 1993, as amended.
The Contractor also shall comply with any and all laws and regulations prohibiting discrimination in the
specific program(s)which is/are the subject of this Contract. In consideration of and for the purpose of obtaining
any and all federal and/or state financial assistance,the Contractor makes the following assurances, upon which
the State relies.
A. The Contractor will not discriminate against any person on the basis of race, color, national origin, age,
sex, religion and handicap, including Acquired Immune Deficiency Syndrome (AIDS) or 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.
Additionally, Contractor acknowledges that, in governmental contracting, even the appearance of a conflict of
interest is harmful to the interests of the State. Thus, Contractor agrees to refrain from any practices, activities
or relationships which could reasonably be considered to be in conflict with the Contractor's fully performing
his/her obligations to the State under the terms of this contract, without the prior written approval of the State.
In the event that the Contractor is uncertain whether the appearance of a conflict of interest may reasonably
exist, Contractor shall submit to the State a full disclosure statement setting forth the relevant details for the
Page 5 of (3 Pages
960754
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 Govemmental Immunity Act, 24-10-101,
et seq., C.R.S. as amended ("Act's; Contractor shall maintain such insurance, by commercial policy or self-
insurance, as is necessary to meet Contractor's liabilities under the Act. Proof of such insurance shall be
provided upon request by the State.
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.
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
Page 6 of 73 Pages 960754
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. 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 Govemment 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 $272,395. for the purchase of the within-described
services. 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
retum 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.
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.
Page 7 of 13 Pages 960754
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.
13) Performance Monitoring
Contractor shall permit the State and any other governmental agency authorized by law, or their authorized
designee to monitor all activities conducted by the Contractor pursuant to the terms of this Contract. As the
monitoring agency may in its sole discretion deem necessary or appropriate, such monitoring may consist of
intemal 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.
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 retumed to the State or may be received in accordance with
remedies.
15)Assianment/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 the requirements of this contract shall be the responsibility
of the Contractor. Contractor warrants and agrees that any subcontract or memorandum of understanding
resulting from its performance under the terms and conditions of this contract, shall include a provision that the
said contractor or agent hired through memorandum of understanding shall require the said subcontractor or
agent hired through memorandum of understanding to abide by the terms and conditions hereof, as well as all
other applicable federal and State laws, and rules and regulations pertinent hereto that have been or may
hereafter be established. Also, Contractor warrants and agrees that all subcontracts or memorandums of
understanding shall include a provision that the subcontractor or agent hired through memorandum of
understanding shall indemnify and hold harmless the State of Colorado, Department of Health Care Policy and
Financing. Subcontractors or agents must be certified to work on any equipment for which their services are
obtained.
16) Beneficiary
Except as herein specifically provided otherwise, this Contract shall inure to the benefit of and be binding
upon the parties hereto and their respective successors and assigns.
96075,1
Page 8 of I3 Jages
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 $25,000
per fiscal year in federal funds shall comply with the requirements for audit as established by the U.S. Office of
Management and Budget Circular Number A-128 and A-133 for obtaining financial and compliance audits. The
standards to be followed may also be found in the Standards for Audit of Governmental Organizations,
Programs, Activities and Functions issued by U.S. General Accounting Office, 1988 Revision, or the Guidelines
for Audits of Federal Awards to Non-profit Organizations (April 1989) published by the Department of Health and
human Services. For purposes of state and local govemmental 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):
For the purposes of this Contract, the individuals identified below are hereby designated representatives of
the respective parties. Either party may from time to time designate in writing a new or substitute
representative(s):
For the State: For the Contractor:
William J. Mogg
Director
Provider Rates and Financing
Colo. Dep't of Health Care
Policy and Financing
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: k
To the State: To the Contractor.
William J. Mogg
Director
Provider Rates and Financing
Colo. Dep't of Health Care
Policy and Financing
1575 Sherman Street, 5th Floor
Denver, Colorado 80203-1714
Page 9 of 13'ages 96075,1
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
whichhas 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 Departments staff manual, 10 C.C.R. §2505-10.
21) Remedies
The Executive Director of the State or designee may exercise the following remedial actions, in addition to all
other remedial actions authorized by law, should s/he find the Contractor substantially failed to satisfy the scope
of work found in this Contract. Substantial failure to satisfy the scope of work shall be defined to mean incorrect
or improper activities or inaction by Contractor. These remedial actions are as follows:
a. Withhold payment to Contractor until the necessary services or corrections in performance are
satisfactorily completed;
b. Request the removal from work on the contract of employee(s) and/or agent(s) of Contractor or
employees of sub-contractors or agents hired by memorandum of understanding whom the Executive
Director or designee justifies as being incompetent, careless, insubordinate, unsuitable, or otherwise
unacceptable, or whose continued employment on the contract s/he deems to be contrary to the public
interest or not in the best interest of the State;
c. Deny payment or recover reimbursement for those services or deliverables which have not been
. performed and which due to circumstances caused by Contractor cannot be performed or if performed would
be of no value to the State. Denial of the amount of payment shall be reasonably related to the amount of
work or deliverable lost to the State;
d. Incorrect payments to the Contractor due to omission, error, fraud, and/or defalcation shall be recovered
from the Contractor by deduction from subsequent payments under this Contract or other contracts between
the State and the Contractor, or by the State as a debt due to the State or otherwise as provided by law.
e. Terminate the Contract for cause without compensation for termination costs. If the State terminates the
Contract for cause, it will first give written notice to the Contractor, stating the reasons for cancellation,
procedures to correct problems, if any, and date the Contract will be terminated in the event problems have
not been corrected.
1) In the event this.Contract is terminated for cause, the State will only reimburse the Contractor for
acceptable work or deliverables received to date of termination.
2) In the event this Contract is terminated for cause, final payment to the Contractor may be withheld at
the discretion of the State until completion of final audit.
f. This contract is subject to immediate termination by the State in the event that the State determines that
the health, safety, or welfare of persons receiving services may be in jeopardy. Additionally, the state may
immediately terminate this contract upon verifying that the Contractor has engaged in or is about to
participate in fraudulent acts.
Page 10 of I.3 Pages
g. Any other remedy afforded to the State at section 8.391.25 ("Agency termination or non-renewal of
contract"), section 8.391.26 ("Emergency termination of agency contract"), section 8.394
("ACCOUNTABILITY MECHANISMS FOR SINGLE ENTRY POINT AGENCIES'), Volume 8 of the
Department's staff manual, 10 C.C.R.§2505-10, or otherwise under law.
22) Termination for Convenience
This contract may be terminated at the convenience of either party by giving the other party sixty (60) days
prior written notice. If notice is so given, this Contract shall terminate on the expiration of the specified time
period, and the liability of the parties hereunder for further performance of the terms of this Contract shall
thereupon cease, but the parties shall not be released from the duty to perform their obligations up to the date of
termination.
23) Severability
To the extent that this Contract may be executed and performance of the obligations of the parties may be
accomplished within the intent of the Contract, the terms of this Contract are severable, and should any term or
provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not
affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be
construed as a waiver of any other term, or the same term upon subsequent breach.
24) Integration of Understandings
This Contract is intended as the complete integration of all understandings between the parties as to the
subject matter hereof. No prior or contemporaneous addition, deletion, or other amendment hereto shall
have any force or effect whatsoever, unless embodied herein in writing. No subsequent novation, renewal,
addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a written
contract executed and approved pursuant to the State Fiscal Rules.
96075,1
Page 11 of I3 Pages
SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
I.This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate.This
provision is applicable to any contract involving the payment of money by the Stale.
FUND AVAILA RI LITY
2.Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated,budgeted,
and otherwise made available.
BOND REQUIREMENT
3.If this contract involves the payment of more than fifty thousand dollars for the construction.erection.repair,maintenance.or improvement of any building.
road.bridge,viaduct,tunnel,excavation or other public work for this 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 contact.Such bond shall be duly executed by a qualified corporate
surety conditioned upon the faithful performance of the contract and in addition,shall provide that if the contractor or his subcontractors fail to duly pay for any
labor,materials,team hire,sustenance,provisions,provendor or other supplies used or consumed by such contractor or his subcontractor in performance of the work
contracted to be done or fails to pay any person who supplies rental machinery,tools,or equipment in the prosecution of the work the surety will pay the same in
an amount not exceeding the sum specified in the bond,together with interest at the rate of eight per cent per annum.Unless such bond is executed:deliveredand
filed,no claim in favor of the contractor arising under such contract shall be audited,allowed or paid.A certified or cashier's check or a bank money order payable
to the Treasurer of the State of Colorado may be accepted in lieu of a bond.This provision is in compliance with CRS 38-26-106.
INDEMNIFICATION ,
4. To the extent authorized by law, the contractor shall indemnify.save,and hold harmless the State. its employees and agents, against any and all claims.
.t:nnapes. tat0.is :tad c,.ui ao,at.> inn ludinr +n.espyt s.., and attorney ice,usuned as a 1..eli of an; act tat °nu.v,w bt the conn seta.o: in employees.
agent..suhcouttactors,of a es pursuant to the icons of thi covet tee t.
DISCRIMINATION AND AFFIRM ATIVF ACTION
5,The contractor agrees to comply with the lever 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 In.
1975.Pursuant Memo.the fallowing provisions shall he contained in a!)State contracts or.sub-e ontra,vs.
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:
eniploanent tinplating.de:nniion.of transfer.recruitment Or recruitment advenisings: lay-ittf.or terminations:rums of pare or other forts Of compensation: and
selection for training, including apprenticeship. the contractor agrees to post in conspicuous places,available to employees and applicants tot 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 age cent or other contract or
understanding,notice to be provided by the contracting officer,advising the labor union or workers'representative of the conittlabereommitment under the
Executive Order.Equal Opportunity and Affirmative Action,dated April 16,1975.and of the rules,regulations,and relevant Orders of the Governor.
(dI 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 hooks. records,and accounts by the
contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance wish such rules,regulations and orders.
eel A labor organization will not exclude any indict;dual otherwise qualities;front lull membership rights in such labor organization,or expel tun such individual
front membership in such labor ore:int/tGun to discriminate against any of is members in the lull en:oynent of work opportunity because of re creed,cu r,
sec.national origin.or:utcests.
(U A labor organization.or the eniployecs Or members thereof will no;aid,abet,incite,compel or coerce the doing of any act defined in this contract to tie
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
395.53-01-1022
Page 12 of 13
pages
(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 iub-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 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 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 appiiec in the imenneation.execution. and enforcement of this
contract.Any provision of this contract whether or not incorporated herein by reference winch provides for arbitration by any extra-judicial body or person or which
,s otherwise in conflict w tae said laws. rules.and regulations shall be cons:cercd rc:: and vow. >o:nme c,gamed in any provision incorporates herein by reference
which purports to negate this or any other special provision in whole ar in pan 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 wtil 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 18-8-601,et.seq..(Abuse of Public Office).
and that no violation of such provisions is present.
10.The signatories aver that to their knowledge.no state employee has any personal or beneficial interest whatsoever in the service or property described herein:
IN WITNESS WHEREOF.the parties hereto have executed this Contract on fist day first above written.
Contractor:
(F urea. Name) Weld County, Colorado STATE OF COLORADO
Rae, y Board of Commissioners ROYRO ER,GOVE R
, t/.� . .
if/. r * l 04/29/96jrlwcctnlvcoiaccrort
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•
APPROVALS APPROVALS:
STATE CONTROLLER
ATTORNEY GENERAL CONTROIIER
CLIFF W. •
By By BY 8 7
GENE B.REISDORFF
Farm 6-AC-02C
Page 13 witch is the last of_ �. pages
Revised 1,93
395-53-01-1030 -See inst-.;coons on:nersc side
960'754
Exhibit A
Methodology for Calculating Total Compensation and Monthly Payments to Contractor:
Total compensation for the one-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 (7/1/96 - 9/30/96, 10/1/96 - 12/31/96, and 1/1/97 - 3/31/97). 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 + HCBS" (Home Care Allowance with Home and Community Based Services)", (3)
"AFC ONLY (Adult Foster Care Only)", (4) "AFC + HCBS (Adult Foster Care with Home and Community-Based
Services)", (5) "HCBS-EBD ONLY (Home and Community-Based Services for the Elderly, Blind, and Disabled
Only)", (6) "HCBS-PLWA ONLY (Home and Community-Based Services for Persons Living with AIDS Only)",
and (7) "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 Contractor's "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 290 and 305 clients, total compensation to the
Contractor for the entire contract term shall be in the amount of $239,425. , which shall be known as the
"base contract amount." The figure of 305 clients shall be known as the"base client figure."
During the first quarter of the contract term (7/1/96 - 9/30/96), the Contractor shall be paid $59,856.25
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.
Page 1 of 2 Pages
96075,4
•
Exhibit A
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 $785 for each additional client beyond the base client figure. (The following examples illustrate the foregoing
principle. (A) If the Contractor's base client figure is 100 and the Contractor's 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 $785 = $2,355. (B) If the Contractor's 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 $785 = $6,280. (C) If the
Contractor's 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 compensation will be increased above the base contract amount by 5
times $785 = $3,925.) However, total compensation for the contract term shall not be increased under this
mechanism by more than $32.970. above the base contract amount, i.e., to a maximum total compensation
of $272,395. . The maximum increase above the base contract amount represents 42 clients above the
base client figure; the figure of 347 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.
If the average number of community-based clients served by the Contractor falls below 290 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 $196.25 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 1997), 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 after the third quarter of the contract term.
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.
Page 2 of 2 Pages
960754
MEMO
To: Barbara J. Kirkmeyer, Chair - Weld County Board of Commissioners nv
From: Walter Speckman, Executive Director- Division of Human Services I L/c .
Subject: Options for Long Term Care Contract-1996-1997
Date: April 29, 1996
Enclosed you will find the 1996-1997 Options for Long Term Care contract. The contract time
frame is July 1, 1996 through June 30, 1997. The total compensation for the contract is
$239,425 with a potential ceiling amount of $272,395 (see Exhibit A of contract). This ceiling
amount is available if the Options for Long Term Care caseload reaches 347. The current base
caseload is 305.
Please sign all six copies of the contract. If you have questions you can reach me at extension
3317.
960754
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