No preview available
HomeMy WebLinkAboutC13-328 State of Colorado Agreement (14IHA)DEPARTMENT OF HUi\L-�N SERVICES ROUTING NO. 14 IHA CONTRACT This contract is made and entered into by and between the named parties. In accordance with the purposes stated herein, it is hereby agreed as follows: STATE: CONTRACTOR: Eagle County Department of Health and Human State of Colorado for the use & benefit of the Services Department of Human Services PO Box 660, 551 Broadway, Eagle CO 81631 CONTRACT MADE DATE: 01/01/2012 PO/SC ENCUMBRANCE NUMBER: PO IHA TERM: This contract shall be effective upon approval by the State Controller, or designee, or on 11 /01 /2013, whichever is later. The contract shall end on 06/30/2014. PROCUREMENT METHOD: RFA BID/RFP/LIST PRICE AGREEMENT NUMBER Not Applicable LAW SPECIFIED VENDOR STATUTE: Not Applicable STATE REPRESENTATIVE: David Collins Division of Early Care and Learning 1575 Sherman St., First Floor Denver CO 80203 CONTRACTOR'S ENTITY TYPE: Inter -governmental CONTRACTOR'S STATE OF INCORPORATION: Colorado BILLING STATEMENTS RECEIVED: Monthly STATUTORY AUTHORITY: C.R.S. § 26-1-111 /HB13-1291 CONTRACT PRICE NOT TO EXCEED: $82,102.00 MAXIMUM AMOUNT AVAILABLE PER FISCAL YEAR FY 14:$82,102.00 PRICE STRUCTURE: Cost Reimbursement FUND SOURCE - NAME OF FEDERAL PROGRAM/GRANT AND FUNDS ID# CONTRACTOR REPRESENTATIVE: Kathleen Lyons PO Box 660 551 Broadway Eagle CO 81631 970-328-8841 SCOPE OF WORK: In accordance with the provisions of this contract and its exhibits and attachments, the Contractor shall: To develop and administer a Tiered Reimbursement system that supports child care facilities building and maintaining quality programs for the low-income infants and toddlers they serve. For Contract Wizard Version 3.15 Page 1 of 26 Colorado Department of Human Services Division of Contract Management Revised 04/10/12 Co- �Ae EXHIBITS: The following exhibits are hereby incorporated: Exhibit A - Exhibit B - Work Plan Budget COORDINATION: The State warrants that required approval, clearance and coordination has been accomplished from and with appropriate agencies. APPROVAL: In no event shall this contract be deemed valid until it shall have been approved by the State Controller or his/her designee. PROCUREMENT: This contractor has been selected in accordance with the requirements of the Colorado Procurement Code. PRICE PROVISIONS: Payments pursuant to this contract shall be made as earned, in whole or in part, from available funds, encumbered for the purchase of the described services and/or deliverables. The liability of the State at any time for such payments shall be limited to the encumbered amount remaining of such funds. Authority exists in the laws and funds have been budgeted, appropriated and otherwise made available, and a sufficient unencumbered balance thereof remains available for payment. 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. The Contractor understands and agrees that the State shall not be liable for payment for work or services or for costs or expenses incurred by the Contractor prior to the proper execution and State Controller approval of this contract. For Contract Wizard Version 3.15 Page 2 of 26 Revised 04/10/12 Colorado Department of Human Services Division of Contract Management GENERAL PROVISIONS The following clauses apply to this contract: A. Governmental Immunity/Limitation of Liability: Notwithstanding anything herein to the contrary, no term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the. "Colorado Governmental Immunity Act", C.R.S. §24-10-101, et seq., as now or hereinafter amended. The parties understand and agree that the liability of the State for claims for injuries to persons or property arising out of negligence of the State of Colorado, its departments, institutions, agencies, boards, officials and employees is controlled and limited by the provisions of C.R.S. §24-10-101, et seq., as now or hereafter amended and the risk management statutes, C.R.S. §24-30-1501, et seq., as now or hereafter amended. Any liability of the State created under any other provision of this contract, whether or not incorporated herein by reference, shall be controlled by, limited to, and otherwise modified so as to conform with, the above cited laws. B. 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. C. Billing Procedures: The State shall establish billing procedures and requirements for payment due the Contractor in providing performance pursuant to this contract. The Contractor shall comply with the established billing procedures and requirements for submission of billing statements. The State shall comply with CRS 24-30-202(24) when paying vendors upon receipt of a correct notice of the amount due for goods or services provided hereunder. D. Exhibits- Interpretation: Unless otherwise stated, all referenced exhibits are incorporated herein and made a part of this contract. And, unless otherwise stated, in the event of conflicts or inconsistencies between this contract and its exhibits or attachments, such conflicts shall be resolved by reference to the documents in the following order of priority: 1) the Special Provisions of this contract shall always be controlling over other provisions in the contract or amendments; 2) the contract "cover" pages; 3) the exhibits to this contract 4) the General Provisions of this contract. E. Notice and Representatives: For the purposes of this contract, the representative for each party is as designated herein. Any notice required or permitted may be delivered in person or sent by registered or certified mail, return receipt requested, to the party at the address provided, and if sent by mail it is effective when posted in a U.S. Mail Depository with sufficient postage attached thereto. Notice of change of address or change or representative shall be treated as any other notice. F. Contractor Representations: 1. Licenses and Certifications: The Contractor certifies that, at the time of entering into this contract, it and its agents have currently in effect all necessary licenses, certifications, approvals, insurance, etc. required to properly provide the services and/or supplies covered by this contract in the state of Colorado. Proof of such licenses, certifications, approvals, insurance, etc. shall be provided upon the State's request. Any revocation, withdrawal or nonrenewal of necessary license, certification, approval, insurance, etc. required for the Contractor to properly perform this contract, shall be grounds for termination of this contract by the State. 2. Qualification: Contractor certifies that it is qualified to perform such services or provide such deliverables as delineated in this contract. 3. Exclusion, Debarment and/or Suspension: Contractor represents and warrants that Contractor, or its employees or authorized subcontractors, are not presently excluded from participation, debarred, suspended, proposed for debarment, declared ineligible, voluntarily excluded, or otherwise ineligible to participate in a "federal health care program" as defined in 42 U.S.C. § 1320a-7b(f) or in any other government payment program by any federal or State of Colorado department or agency. In the event Contractor, or one of its employees or authorized subcontractors, is excluded from participation, or becomes otherwise ineligible to participate in any such program during the For Contract Wizard Version 3.15 Page 3 of 26 Revised 04/10/12 Colorado Department of Human Services Division of Contract Management Term, Contractor will notify the State in writing coverage required hereunder shall be issued by within three (3) days after such event. Upon the insurance companies satisfactory to Contractor and occurrence of such event, whether or not such the State. notice is given to Contractor, the State reserves 1. Contractor the right to immediately cease contracting with a. Public Entities: If Contractor is a "public Contractor. entity" within the meaning of the Colorado 4. Work Performed Outside the United States or Governmental Immunity Act, CRS §24 -10 - Colorado, pursuant to C.R.S. §24-102-206: The 101, et seq., as amended (the "GIA"), then Contractor certifies all work performed under Contractor shall maintain at all times during this Contract, including any subcontracts, is the term of this Contract such liability anticipated to be and will be performed within insurance, by commercial policy or self - the United States or Colorado, unless otherwise insurance, as is necessary to meet its specified in the Statement of Work. If work liabilities under the GIA. Contractor shall under this Contract is anticipated to be or will show proof of such insurance satisfactory to be performed outside the United States or the State, if requested by the State. Colorado, the countries and/or states where Contractor shall require each contract with a work will be performed, and the reasons it is Subcontractor that is a public entity, to necessary or advantageous to go outside the include the insurance requirements United States or Colorado to perforni the work necessary to meet such Subcontractor's are also specified in the Statement of Work. liabilities under the GIA. b. Non -Public Entities: If Contractor is not a G. Legal Authority_ The Contractor warrants that it "public entity" within the meaning of the possesses the legal authority to enter into this GIA, Contractor shall obtain and maintain contract and that it has taken all actions required during the term of this Contract insurance by its procedures, by-laws, and/or applicable law coverage and policies meeting the same to exercise that authority, and to lawfully authorize requirements set forth in provision I.2 its undersigned signatory to execute this contract below with respect to Subcontractors that and bind the Contractor to its terms. The person(s) are not "public entities". executing this contract on behalf of the Contractor 2. Contractors — Subcontractors warrant(s) that such person(s) have full Contractor shall require each contract with authorization to execute this contract. Subcontractors other than those that are public entities, providing Goods or Services in H. Indemnification: Contractor shall indemnify, connection with this Contract, to include save, and hold harmless the State, its employees insurance requirements substantially similar to and agents, against any and all claims, damages, the following: liability and court awards including costs, a. Worker's Compensation: Worker's expenses, and attorney fees and related costs, Compensation Insurance as required by incurred as a result of any act or omission by State statute, and Employer's Liability Contractor, or its employees, agents, Insurance covering all of Contractor or subcontractors, or assignees pursuant to the terms Subcontractor employees acting within the of this contract. course and scope of their employment. b. General Liability: Commercial General [Applicable Only to Intergovernmental Liability Insurance written on ISO Contracts] No term or condition of this contract occurrence form CG 00 01 10/93 or shall be construed or interpreted as a waiver, equivalent, covering premises operations, express or implied, of any of the immunities, fire damage, independent contractors, rights, benefits, protection, or other provisions, of products and completed operations, blanket the Colorado Governmental Immunity Act, CRS contractual liability, personal injury, and §24-10-101 et seq., or the Federal Tort Claims advertising liability with minimum limits as Act, 28 U.S.C. 2671 et.seq., as applicable, as now follows: or hereafter amended. (a) $1,000,000 each occurrence; (b) $1,000,000 general aggregate; I. Insurance: Contractor and its Subcontractors shall (c) $1,000,000 products and completed obtain and maintain insurance as specified in this operations aggregate; and section at all times during the term of this (d) $50,000 any one fire. Contract. All policies evidencing the insurance For Contract Wizard Version 3.15 Page 4 of 26 Revised 04/10/12 Colorado Department of Human Services Division of Contract Management If any aggregate limit is reduced below subrogation or otherwise, against Contractor $1,000,000 because of claims made or paid, or the State, its agencies, institutions, Subcontractor shall immediately obtain organizations, officers, agents, employees, additional insurance to restore the full and volunteers. aggregate limit and furnish to Contractor a 3. Certificates: Contractor and all Subcontractors certificate or other document satisfactory to shall provide certificates showing insurance Contractor showing compliance with this coverage required hereunder to the State within provision. seven business days of the Effective Date of this c. Automobile Liability: Automobile Liability Contract. No later than 15 days prior to the Insurance covering any auto (including expiration date of any such coverage, Contractor owned, hired and non-owned autos) with a and each Subcontractor shall deliver to the State minimum limit of $1,000,000 each accident or Contractor certificates of insurance combined single limit. evidencing renewals thereof. In addition, upon d. Professional Liability: Professional liability request by the State at any other time during the insurance with minimum limits of liability term of this Contract or any subcontract, of not less than $1,000,000, unless waived Contractor and each Subcontractor shall, within by the State. 10 days of such request, supply to the State e. Privacy Insurance evidence satisfactory to the State of compliance If this Contract includes a HIPAA Business with the provisions of this provision 1. Associates Addendum exhibit, Contractor shall obtain and maintain during the term of J. Disaster Planning and Pandemic Outbreaks: The this Contract liability insurance covering all State may require the Contractor to submit a loss of Protected Health Information data Disaster Response Plan (Plan) to ensure the and claims based upon alleged violations of delivery hereunder of essential government privacy rights through improper use or services during a disaster, declared emergency, disclosure of Protected Health Information and/or pandemic outbreak. The Plan would take with a minimum annual limit of $1,000,000. precedence over and nullify any contractual f. Additional Insured: The State shall be provision relating to force majeure or "Acts of named as additional insured on all God." Accordingly, should the work performed by Commercial General Liability and the Contractor under this contract include the Automobile Liability Insurance policies provision of any essential government services, the (leases and construction contracts require State may request a Plan from the Contractor, and, additional insured coverage for completed upon such request, the Contractor shall forthwith operations on endorsements CG 2010 submit a Plan, and the Contractor shall be bound to 11/85, CG 2037, or equivalent) required of perform hereunder in accordance therewith. Contractor and any Subcontractors hereunder. K. Rights in Data, Documents and Computer g. Primacy of Coverage: Coverage required of Software or Other Intellectual Property: Contractor and Subcontractor shall be All intellectual property including without primary over any insurance or self- limitation, databases, software, documents, insurance program carried by Contractor or research, programs and codes, as well as all, the State. reports, studies, data, photographs, negatives or h. Cancellation: The above insurance policies other documents, drawings or materials prepared shall include provisions preventing by the contractor in the performance of its cancellation or non-renewal without at least obligations under this contract shall be the 30 days prior notice to Contractor and exclusive property of the State. Unless otherwise Contractor shall forward such notice to the stated, all such materials shall be delivered to the State in accordance with provision E. State by the contractor upon completion, Notice and Representatives within seven termination, or cancellation of this contract. days of Contractor's receipt of such notice. Contractor shall not use, willingly allow or cause i. Subrogation Waiver: All insurance policies to have such materials used for any purpose other in any way related to this Contract and than the performance of the contractor's secured and maintained by Contractor or its obligations under this contract without a prior Subcontractors as required herein shall written consent of the State. All documentation, include clauses stating that each carrier accompanying the intellectual property or shall waive all rights of recovery, under otherwise, shall comply with the State For Contract Wizard Version 3.15 Page 5 of 26 Revised 04/10/12 Colorado Department of Human Services Division of Contract Management requirements which include but is not limited to all documentation being in a paper, human readable format which is useable by one who is reasonably proficient in the given subject area. L. ProprietM Information: Proprietary information for the purpose of this contract is information relating to a party's research, development, trade secrets, business affairs, internal operations and management procedures and those of its customers, clients or affiliates, but does not include information lawfully obtained by third parties, which is in the public domain, or which is developed independently. Neither party shall use or disclose directly or indirectly without prior written authorization any proprietary information concerning the other party obtained as a result of this contract. Any proprietary information removed from the State's site by the Contractor in the course of providing services under this contract will be accorded at least the same precautions as are employed by the Contractor for similar information in the course of its own business. M. Records Maintenance, Performance Monitoring & Audits: The Contractor shall maintain a complete file of all records, documents, communications, and other materials that pertain to the operation 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. The Contractor shall protect the confidentiality of all records and other materials containing personally identifying information that are maintained in accordance with this contract. Except as provided by law, no information in possession of the Contractor about any individual constituent shall be disclosed in a form including identifying information without the prior written consent of the person in interest, a minor's parent, guardian, or the State. The Contractor shall have written policies governing access to, duplication and dissemination of, all such information and advise its agents, if any, that they are subject to these confidentiality requirements. The Contractor shall provide its agents, if any, with a copy or written explanation of these confidentiality requirements before access to confidential data is permitted. The Contractor authorizes the State, the federal government or their designee, to perform audits and/or inspections of its records, at any reasonable time, to assure compliance with the state or federal government's terms and/or to evaluate the Contractor's performance. Any amounts the State paid improperly shall be immediately returned to the State or may be recovered in accordance with other remedies. 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, for a period of three (3) years from the date of final payment or submission of the final federal expenditure report under this contract, unless the State requests that the records be retained for a longer period, or until an audit has been completed with the following qualification. If an audit by or on behalf of the federal and/or state government has begun but is not completed at the end of the three (3) year period, or if audit findings have not been resolved after a three (3) year period, the materials shall be retained until the resolution of the audit findings. The Contractor shall permit the State, any other governmental agency authorized by law, or an authorized designee thereof, in its sole discretion, to monitor all activities conducted by the Contractor pursuant to the terms of this contract. Monitoring may consist of internal evaluation procedures, reexamination of program data, special analyses, on-site verification, formal audit examinations, or any other procedures as deemed reasonable and relevant. All such monitoring shall be performed in a manner that will not unduly interfere with contract work. N. Taxes: The State, as purchaser, is exempt from all federal excise taxes under Chapter 32 of the Internal Revenue Code [No. 84-730123K] and from all state and local government use taxes [C.R.S. X39- 26-114(a) and 203, as amended]. The contractor is hereby notified that when materials are purchased for the benefit of the State, such exemptions apply except that in certain political subdivisions the vendor may be required to pay sales or use taxes even though the ultimate product or service is provided to the State. These sales or use taxes will not be reimbursed by the State. O. Conflict of Interest: During the term of this contract, the Contractor shall not engage in any business or personal activities or practices or For Contract Wizard Version 3.15 Page 6 of 26 Revised 04/10/12 Colorado Department of Human Services Division of Contract Management maintain any relationships which conflict in any • Age Discrimination in Employment Act of way with the Contractor fully performing his/her 1967, 29 U.S.C. 621 et seq.; obligations under this contract. a Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. 12101 et seq.; Additionally, the Contractor acknowledges that, in 0 The Drug Free Workplace Act of 1988, 41 governmental contracting, even the appearance of U.S.C. 701 et seq.; a conflict of interest is harmful to the interests of a Equal Pay Act of 1963, 29 U.S.C. 206; the State. Thus, the Contractor agrees to refrain • Health Insurance Portability and from any practices, activities or relationships Accountability Act of 1996, 42 U.S.C. which could reasonably be considered to be in § 1320d et seq. and implementing regulations, conflict with the Contractor's fully performing 45 C.F.R. Parts 160 and 164; his/her obligations to the State under the terms of . Immigration Reform and Control Act of 1986, 8 this contract, without the prior written approval of U.S.C. 1324b; the State. • Pro -Children Act of 1994, 20 U.S.C. 6081 et In the event that the Contractor is uncertain sem-' Section 504 of the Rehabilitation Act of 1973, whether the appearance of a conflict of interest 29 U.S.C. 794, as amended, and implementing may reasonably exist, the Contractor shall submit regulation 45 C.F.R. Part 84; to the State a full disclosure statement setting forth the relevant details for the State's consideration • Titles VI & VII of the Civil Rights Act of 1964, and direction. Failure to promptly submit a 42 U.S.C. 2000(d) & (e); disclosure statement or to follow the State's • The Personal Responsibility and Work direction in regard to the apparent conflict shall be Opportunity Reconciliation Act of 1996, . 42 grounds for termination of the contract. USC 604a, PL 104-193. See also State Executive Order D 015 00; Further, the Contractor shall maintain a written • Title IX of the Education Amendments of 1972, code of standards governing the performance of its 20 U.S.C. 1681 et seq.; agent(s) engaged in the award and administration 0The Uniform Administrative Requirements for of contracts. Neither the Contractor nor its Grants and Cooperative Agreements to State agent(s) shall participate in the selection, or in the and Local Governments (Common Rule), at 45 award or administration of a contract or CFR, Part 92; subcontract supported by Federal funds if a • The Uniform Administrative Requirements for conflict of interest, real or apparent, would be Awards and Subawards to Institutions of Higher involved. Such a conflict would arise when: Education, Hospitals, Other Non -Profit 1. The employee, officer or agent; Organizations, and Commercial Organizations 2. Any member of the employee's immediate (Common Rule), at 2 CFR 215; family; • Office of Management and Budget Circulars A- 3. The employee's partner; or 87, A-21 or A-122, and A-102 or A-110, 4. An organization which employees, or is about whichever is applicable. to employ, any of the above, 0 The Hatch Act (5 USC 1501-1508) and Civil has a financial or other interest in the firm selected Service Reform Act, Public Law 95-454 for award. Neither the Contractor nor its agent(s) Section 4728. will solicit nor accept gratuities, favors, or • Departments of Labor, Health and Human anything of monetary .value from Contractor's Services, and Education and Related Agencies potential contractors, or parties to subagreements. Appropriations Act, 1990, PL 101-166, Section 511. P. Conformance with Law: The Contractor and its • 45 CFR Subtitle A, Department of Health and agent(s) shall at all times during the term of this Human Services regulations. contract strictly adhere to all applicable federal 0 The Single Audit Act Amendments of 1996, 31 laws, state laws, Executive Orders and USC 7501, Public Law 104-156, OMB Circular implementing regulations as they currently exist A-133, and 45 CRF 74.26. and may hereafter be amended. Without limitation, • The Federal Funding Accountability and these federal laws and regulations include: Transparency Act of 2006 (Public Law 109 - Age Discrimination Act of 1975, 42 U.S.C. 282), as amended by §6062 of Public Law Section 6101 et seq. and its implementing 110-252, including without limitation all data regulation, 45 C.F.R. Part 91; For Contract Wizard Version 3.15 Page 7 of 26 Revised 04/10/12 Colorado Department of Human Services Division of Contract Management reporting requirements required thereunder. limitation quality, cost and timeliness. This Act is also referred to as FFATA. Collection of information relevant to the o The American Recovery and Reinvestment performance of Contractor's obligations under Act of 2009 (Public Law 111-5), including this Contract shall be determined by the without limitation all data reporting specific requirements of such obligations and requirements required thereunder. This Act is shall include factors tailored to match the also referred tows ARRA. requirements of Contractor's obligations hereunder. Such performance information Q. Restrictions on Public Benefits: Pursuant to House shall be entered into the statewide Contract Bill 06S-1023, as codified at C.R.S. § 24-76.5-101 et Management System at intervals during the seq., except as otherwise provided therein or where term hereof determined appropriate by the exempt by federal law, the State is required to verify State, and a final Evaluation, Review and the lawful presence in the United States of each Rating shall be rendered by the State within natural person 18 years of age or older who applies 30 days of the end of the Contract term. for state or local public benefits or for federal public Contractor shall be notified following each benefits for the applicant. Accordingly, should the performance Evaluation and Review, and shall work performed by the Contractor under this address or correct any identified problem in a contract include the provision of any of said benefits timely manner and maintain work progress. to any natural person 18 years of age or older who 4. Gross Failure to Meet Performance Measures. applies therefore for the applicant, the Contractor Should the final performance Evaluation and shall follow the requirements of said law in the Review determine that Contractor provision of said benefits as if it were the State. The demonstrated a gross failure to meet the State will provide the Contractor with specific performance measures established hereunder, instruction on the identification documentation the Executive Director of the Colorado required and the process to be followed by the Department of Personnel and Administration Contractor to properly comply with the law if the (Executive Director), upon request by the work done under this contract is subject to these Department of Human Services, for good requirements. cause shown, may debar Contractor and prohibit Contractor from bidding on future R. Statewide Contract Management System: contracts. Contractor may contest the final 1. When Applicable. If the maximum amount Evaluation and Review and Rating by: (a) payable to Contractor under this Contract is filing rebuttal statement(s), which may result $100,000 or greater, either on the Effective in either removal or correction of the Date or at anytime thereafter, this provision evaluation (CRS §24-105-102(6)), or (b) applies. under CRS §24-105-102(6), exercising the 2. Governing State Statutes. Contractor agrees debarment protest and appeal rights provided to be governed, and to abide, by the provisions in CRS §§24-109-106, 107, 201 or 202, which of CRS §24-102-205, §24-102-206, §24-103- may result in the reversal of the debarment 601, §24-103.5-101 and §24-105-102 and reinstatement of Contractor by the concerning the monitoring of vendor Executive Director upon showing of good performance on state contracts and inclusion cause. of contract performance information in a 5. CORA Disclosure: To the extent not statewide contract management system. prohibited by federal law, this Contract and 3. Performance Evaluation and Review. the performance measures and standards Contractor's performance shall be subject to under CRS §24-103.5-101 are subject to Evaluation and Review in accordance with the public release through the Colorado Open terms and conditions of this Contract, State Records Act, CRS §24-72-101, et seq. law (including without limitation CRS §24- 103.5-101), and State Fiscal Rules, Policies S. Performance Ratings and Guidelines: and Guidance. Evaluation and Review of The Contractor will be given a Final Contractor Contractor's performance shall be part of the Performance Evaluation at the end of the contract normal contract administration process and term in accordance with C.R.S. §24-102-205(6) Contractor's performance will be and General Provision R. above. The list of systematically recorded in the statewide available Performance Ratings, along with Contract Management System. Areas of guidelines for what final rating will be given, are Evaluation and Review shall include without as follows: For Contract Wizard Version 3.15 Page 8 of 26 Revised 04/10/12 Colorado Department of Human Services Division of Contract Management Above Standard: This rating may be given where Contractor consistently performs in a manner that exceeds the requirements of this Contract, and where such performance is measurable against objective factors specifically identified for use in achieving the purposes of this provision. If applicable to work performed under this Contract, the objective factors and performance required to merit an "Above Standard" rating are specified in a so dedicated Exhibit to this Contract, which may be included herein from the start of the contract or subsequently be added by formal contract amendment at any time before the end of the contract term. If there is no such dedicated Exhibit included or subsequently added herein, this rating is unavailable. Standard: This rating will be given where: 1.) Contractor's performance hereunder meets the requirements of this Contract in areas of quality, cost, and timeliness; 2.) Contractor's work is accepted by the State; and 3.) full payment hereunder is made to Contractor for such performance. Below Standard: This rating may be given where Contractor materially fails to perform the requirements of this Contract and such failure results in the State's invocation of contract remedies and/or contract termination in accordance with General Provision X. below. T. Discrimination: The Contractor during the performance of this contract shall: 1. 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. 2. not exclude from participation in, or deny benefits to any qualified individual with a disability, by reason of such disability. Any person who thinks he/she has been discriminated against as related to the performance of this contract has the right to assert a claim, Colorado Civil Rights Division, C.R.S. §24-34- 302, et seq. U. Criminal Background Check: Pursuant to C.R.S. §27-90-111 and Department of Human Services Policy VI -2.4, any independent contractor, and its agent(s), who is designated by the Executive Director or the Executive Director's designee to be a contracting employee under C.R.S. §27-90-111, who has direct contact with vulnerable persons in a state -operated facility, or who provides state - funded services that involve direct contact with vulnerable persons in the vulnerable person's home or residence, shall: 1. submit to a criminal background check, and 2. report any arrests, charges; or summonses for any disqualifying offense as specified by C.R.S. §27-90-111 to the State. Any Contractor or its agent(s), who does not comply with C.R.S. §27-90-111 and DHS Policy VI -2.4, may, at the sole discretion of the State, be suspended or tenninated. V. Litigation: The Contractor shall 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 notify the State that it is a party defendant in a case which involves services provided under this contract. The Contractor shall deliver copies of such document(s) to the State's Executive Director. The term "litigation" includes an assignment for the benefit of creditors, and filings in bankruptcy, reorganization and/or foreclosure. W. Disputes: Except as herein specifically provided otherwise, disputes concerning the performance of this contract which cannot be resolved by the designated contract representatives shall be referred in writing to a senior departmental management staff designated by the department and a senior manager designated by the Contractor. Failing resolution at that level, disputes shall be presented in writing to the Executive Director and the Contractor's chief executive officer for resolution. This process is not intended to supersede any other process for the resolution of controversies provided by law. X. Remedies: Acceptance is dependent upon completion of all applicable inspection procedures. The State reserves the right to inspect the goods and/or services provided under this contract at all reasonable times and places. The Executive Director of the State or her/his designee may exercise the following remedial actions 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 substantially insufficient, incorrect or improper activities or inaction by the Contractor. Without limitation, the State has the right to: 1. withhold payment until performance is cured, For Contract Wizard Version 3.15 Page 9 of 26 Revised 04/10/12 Colorado Department of Human Services Division of Contract Management 2. require the vendor to take necessary action to 3. Immediate Termination: This contract is ensure that the future performance conforms subject to immediate termination by the State to contract requirements, in the event that the State determines that the 3. request removal of a Contractor's agent from health, safety, or welfare of persons receiving contract work, services may be in jeopardy. Additionally, the 4. equitably reduce the payment due the vendor State may immediately terminate this contract to reflect the reduced value of the services upon verifying that the Contractor has performed, engaged in or is about to participate in 5. recover payment for work that due to the fraudulent or other illegal acts. Contractor cannot be performed or would be 4. Termination for Financial Exigency The State of no value to the State, shall have the right to terminate this contract 6. modify or recover payments (from payments for financial exigency by giving the under this contract or other contracts between Contractor at least thirty (30) days prior the State and the vendor as a debt due to the written notice. For the proposes of this State) to correct an error due to omission, provision, a financial exigency shall be a error, fraud and/or defalcation, determination made by the Colorado 7. terminate the contract. legislature or its Joint Budget Committee that the financial circumstances of the State are These remedies in no way limit the remedies such that it is in the best interest of the State to available to the State in the termination provisions of terminate this contract. If notice of such this contract, or remedies otherwise available at law. termination is so given, this contract shall terminate on the expiration of the time period Y. Termination: specified in the notice, and the liability of the 1. Termination for Default: The State may parties hereunder for further performance of terminate the contract for cause. If the State the terms of this contract shall thereupon terminates the contract for cause, it will first cease, but the parties shall not be released give ten (10) days prior written notice to the from the duty to perform their obligations up Contractor, stating the reasons for to the date of termination. cancellation, procedures to correct problems, if any, and the date the contract will be In the event that the State terminates this terminated in the event problems have not contract under the Termination for been corrected. In the event this contract is Convenience or Termination for Financial terminated for cause, the State will only Exigency provisions, the Contractor is entitled reimburse the Contractor for accepted work or to submit a termination claim within ten (10) deliverables received up to the date of days of the effective date of termination. The termination. In the event this contract is termination claim shall address and the State terminated for cause, final payment to the shall consider paying the following costs: Contractor may be withheld at the discretion a. the contract price for performance of of the State until completion of final audit. work, which is accepted by the State, up Notwithstanding the above, the Contractor to the effective date of the termination. may be liable to the State for the State's b. reasonable and necessary costs incurred damages. If it is determined that the in preparing to perform the terminated Contractor was not in default then such portion of the contract termination shall be treated as a termination c. reasonable profit on the completed but for convenience as described herein. undelivered work up to the date of 2. Termination for Convenience: The State shall termination have the right to terminate this contract by d. the costs of settling claims arising out of giving the Contractor at least twenty (20) days the termination of subcontracts or orders, prior written notice. If notice is so given, this not to exceed 30 days pay for each contract shall terminate on the expiration of subcontractor the specified time period, and the liability of e. reasonable accounting, legal, clerical, and the parties hereunder for further performance other costs arising out of the termination of the terms of this contract shall thereupon settlement. cease, but the parties shall not be released from the duty to perform their obligations up In no event shall reimbursement under this to the date of termination. clause exceed the contract amount reduced by For Contract Wizard Version 3.15 Page 10 of 26 Revised 04/10/12 Colorado Department of Human Services Division of Contract Management amounts previously paid by the State to the Contractor. Z. Venue: The parties agree that venue for any action related to performance of this contract shall be in the City and County of Denver; Colorado. AA. Understanding of the Parties: 1. Complete Understanding: This contract is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a written contract executed and approved pursuant to the State Fiscal Rules. Descriptive headings as used herein are for convenience and shall not control or affect the meaning or construction of any provision of this contract. 2. 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. 3. Benefit and Right of Action: Except as herein specifically provided otherwise, it is expressly understood and agreed that this contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. All rights of action relating to enforcement of the terms and conditions 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. 4. Waiver: 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. 5. Survival: The State and the Contractor's obligations under this contract shall survive following termination or expiration to the extent necessary to give effect to the intent and understanding of the parties. Subcontracting: Except as herein specifically provided otherwise, the duties and obligations of the Contractor arising hereunder cannot be assigned, delegated, subgranted or subcontracted except with the express prior written consent of the State. The subgrants and subcontracts permitted by the State shall be subject to the requirements of this contract. The Contractor is responsible for all subcontracting arrangements, delivery of services, and perforinance of any subgrantor or subcontractor. The Contractor warrants and agrees that any subgrant or subcontract, resulting from its performance under the terms and conditions of this contract, shall include a provision that the said subgrantor or subcontractor shall abide by the terms and conditions hereof. Also, the Contractor warrants and agrees that all subgrants or subcontracts shall include a provision that the subgrantor or subcontractor shall indemnify and hold harmless the State. The subgrantors or subcontractors must be certified to work on any equipment for which their services are obtained. BB. Holdover: In the event that the State desires to continue the services provided for in this Contract and a replacement contract has not been fully executed by the expiration date of the Contract, this Contract may be extended unilaterally by the State for a period of up to two (2) months upon written notice to the Contractor under the same terms and conditions of the original Contract including, but not limited to, prices, rates, and service delivery requirements. However, this extension terminates when the replacement contract becomes effective when signed by the State Controller or an authorized delegate. CC. Health Insurance Portability & Accountability Act of 1996 ("HIPAA"). Federal law and regulations governing the privacy of certain health information requires a "Business Associate Contract" between the State and the Contractor. 45 C.F.R. Section 164.504(e). If applicable to this Contract, attached and incorporated herein by reference and agreed to by the parties is a HIPAA Business Associate Addendum for HIPAA compliance. Terms of the Addendum shall be considered binding upon execution of this contract and shall remain in effect during the term of the contract including any extensions. For Contract Wizard Version 3.15 Page 11 of 26 Colorado Department of Human Services Division of Contract Management Revised 04/10/12 DD. Colorado Department of Human Services (CDHS) Fraud Policy. The CDHS Fraud Policy addresses the need for effective and consistent measures for preventing, detecting, and deterring fraud. The relevant parties discussed in the policy include CDHS employees, CDHS management, CDHS appointees, and community partners, including contractors, grantees, vendors, and other sub= recipients. CDHS employees, clients, and community partners, will all benefit from an effective fraud prevention, detection, and deterrence policy because fraud can damage the reputation and public trust of CDHS. All appointees and employees of the CDHS must comply with the standards of conduct set forth in Title 24, Article 18 of the Colorado Revised Statutes, known as the Code of Ethics, including exposing corruption or impropriety in government, whenever discovered. The CDHS Fraud Policy outlines how the CDHS employees and community partners should report fraud and how fraud will be investigated once it is reported. The full text of the CDHS Fraud Policy, which Contractor hereby agrees to be subject to and abide by, can be found on the CDHS Fraud Policy and Training web page at: http://wxvw.colorado.gov/cs/Satellite/CDHS- Emp/CB ON/ 1251610724004. EE. C -Stat - Performance Based Program Analysis and Management Strategy (C -Stat Strategy): For the sole purpose of providing support to the State's internal C -Stat Strategy, the parties understand and agree that upon request from the State, and without any additional cost to the State, the Contractor shall collect, maintain, and provide to the State certain contract performance data determined by the State during the term hereof to assist the State to measure and assess the programmatic effectiveness of the Contractor's performance hereunder, all in support of the State's internal continuous quality improvement working towards positive outcomes and managing its performance for the betterment of all Colorado residents. The parties understand and agree that the exercise of the requirements of this provision shall not be used by the State to effect unilateral changes to the performance requirements of the Contractor hereunder. For Contract Wizard Version 3.15 Page 12 of 26 Revised 04/10/12 Colorado Department of Human Services Division of Contract Management -z3 � CA cn p p v a0i U� � � � b U r, m y a3 N ic3 vi O O 10. cn ai N O 'Ci J 9 U "� n CS O y U U° O U Q. �. n O t'. O 'CS U bA rte+ b0 y.., �. Jam' N �' a3 a3 O ¢+ , O Ste, p O _n U r+ .c. 'LS y ycci �, U O 7� C7 y y) U N O P .'�-, 0 � .� . V �r'•� 4-+ Ucry y a U c> � N �O V) .Vi vi M 0O m ' cn s. U y O .� O C. p ,v c 3 05 U °C/) y> owe asU ^ y U a° s3 Ln — cl 4-4 m U p y b z U U y is P CGU ° a o �Uaj n a; � a 0 3 �. o i� o cz cz O Q j Op m o3 O Q, N N U U o c� ° ° U o o^^ a� a� C,3 0 w 3 0 y U 2 OC4:; p. C13 U 4; 40 0. o " .O y U o o rn o p Cz p .D X� 0 N U o o P, �z7 p W Q w CIS OCA cn + .-C ai U ^ U P. n C5i o F" ol > U u O Np O U O U a3 -14 ai 0 Y. U Il �". N O p N p p o p U 3 Cl, U�" i o a� • o U o p U x o �, u cz It eq PC400 Q) . °y' C6 m '- O O f~ d .. cG � � coo U � � P • ~ U � U i' � � O � H ~ y C20 x >, U a C,3 Q+ U o oc CR 7 O Gii L7 s. S �` O Y U° O O° U t O d O U U N y M + U et U U O U y tI i aJ \G U ai 0 0 I� CL 00 D U n w U Q -a v) J' U N •. Q., O '"". /� 5.., O O U S". �y p C �) y�4 ^ p Cj N cG civ ° C j o cn 0 t � � � � � � � � v � ° � 3 � � (41� " o ccs N_ a Y,, N 3 s. bA U bA M w I'll 5-+. .� O �••' �, U rte+ �" U , j •� U •�•+ " N Q" O � U 4� U � ,-, � � •� OU O C Y bq fl 00 3 N cn O p n O O s." ai U 3 ai cci U p73, Cj r 'd cn • � ' � � � � y cp � �,� O� y V � cN� Com•' Zn O n t0!) p C O �. Q p rtO �� t4 . N¢ �' U s O yU 4 a NQ N tl O� O N n O +� O n U Sp t U a% a3 U 00 U Oq N �U" �O C4 y^ 4� bA O N L" bA cu aj C�s t2 x - cu p cool) ° '�, �, s-• p c��G C� OY U U N +-' ¢, O ° U •w coo U p U O N W «T s Q xl 3 r 0 p R ti .'zs cG ,, O bA ccs •y ti s, 3 a °• a �- moo. yam., 0, ' F 3 `�- C'JW O y v r1 NbjO U P4 O wo U v -S - 'i h 4a " ° -�" W N O 4�i N S~i y i .fl U N U OCZ O O O l- it r. bA O U i� Q" y i�, ` - 3 C) e Cl) " x y 4� U O U O cn • s" V bD N z O U a°U N t ics N cC «i 3 . p bA U O+ W C l Q, Z p R7 U O V �' 'd 3p U �� O: v� O O y bA td N O t�C ,�j n D -fl L"" Z, J4, .� Q V N iU. H ¢' U W g:U U O Y C.a�'v•.�, N N ^L3 4-+ •�." s^'. �i -,-N ^ U U ISI �--1 U O CZ cz". v' •-' O ¢" 4•a ,.y ^�' r� OOU [ya ~ U '.-�" "-+ 't3 � ''� S•"i U bi W cG r. U M T3 O bU �y� N • N y � p cC O A [� >~ ', ' O bq 5 i/] •�„ S~ O ••� O S~ C N O 3 N O s:L j O ccs CAS •r. N O CZ 0 C U O "O .�] 3-' �, O cn � �• O cd =1 00 w N N cz +°r U c� In CI3U- cG A L U pr' iW 2 '��" m W 'U t -d U o° oD g4 U y Q, a� ,� cz o ?� w o U oCUU) OID120 V R 110 N L" O tet' bic F -i �a W N (D L7 o�C,J' o O N W ^� bel cn C) W V N Ca Ca CA 7. Qi O N a� u o ` ct 9b 9 a � U w ti Qz N Q cd $4 0 K N u R, F - Q Q H D Cfw W 0 Z F - Z LL Z 0 O F— FoFE X W IW A _--- , i e ; � E it V O O E bq OLn v!t EI ca u o 'C3 ca 0 CD C 75 w x O o� O U 'LS ( O t 0 O O I UO. w �' N G N 'a y f G to O O O O '.ice iO w U I w +�0-+ 4-1 v 6 U U k U v O n3cz �^ o Q)it It 61 x x x Ii x ctS W W WW �i W i` O x y V vi v %'' V ( v i LS i. U O O O O �i O � O �> N bA oo v' ;z C C O O t U o3U U ami v I U ca 3 U ch d d it M 4-+ 00 ! O O cu � Ln N +-+ e� O y \ \ � O O UCn 41 it 4-' �+ CU'i L O ' Lam. cu OL v G is N d R3 ! W t+ 1� .G t 'L14 U eLC ice. o d Vi { -) (z C + r' r F +� any °„'o�c°La��SQ�c, L •• ' +�+ i:+ Cl �Cz a O a> GJ h O o Ij y V H {i V1 O L C m .- cz d 4-1 O' L AEI V C it (� o Q ii .m d d L F .L ... !I L tY C Ei' L a v ani o. C H o° o CU o u sem. a.11 }moi Lam. G j S'r .O LO. O bOA O O L C L L C .J O ,o U 0 v O L O u i Qy .- � y 'LZ TJ `i •� L Q w vOi i Q :: .r O U 4cz 0 Q 'p pit d-+ 'G� :." tSt y y ,G G O "O S~." to vl rl m' cu u L cn o x O � C � UJ R, o U r QO G d r U '0 ° . w°v(� it CL) ii it > V) Ln M!l Ln CL) 0 V) it cli C) U V) V) w bn bz bjO 0 C) 0 u C) u Lo a) cu u > 0 uII V) C.) O 0 I ID Ull Ts vi 41 mid u u :E :� �1- u H - -- ---- ---- V) V) u u Ln V) it cj I (z U W Ci V6 I 11 i 1 r- it r. i r- Q) 11 r- cu W C/) i !I cz cu (D U En cu -I W —1 t p Ca cz E C) cz :3 z cz z m a) cz cu II L4� Oo cz m 4.1 U') It Lr) in C) LO -4 En T --q rA (U cl cz > u I CA 0 CZIIaj aj PC Q) it Cn >, *R Im Cz 00 CU 4j > r m b .4 w 6 a) "rj tt tl cz N -M IM cz it a cz i� ri C L4P) w a+ cz cz u m > cz W E e, 0 0 0 cz l�= Tj cz GJ cv 0 CU Lm L. '41 �j 4� E cz > (D cz �n 4� Cz cc w tv cu 4� r 0 cl 4�- CA (D CZ czin E tko cuO 'O 0 4� cuLi T1 V U u a VI m cc (u m w It o w w m 6 o 0 45 :2 C, 0 .0 cu U .0 al rA rA p Ass �wca3�o"'°a,w!)�6MciCa cawo t)b >CDm N CD 0. N eq R. { II` it I� I II I° if {' I ii I{ II {I I i ;{ {j i I• ii E( i II it jjjj1 (f 7 I�. I I 1 � -a li I(� o o (,v I v> i I � a� In. I u r p I' II p I 11 N N {I in it � r_) 13 0 i, u U U U u O U N U t� N O' U ¢" U (i X U a1 �' L. '>p 1! o _ u v O o u. i) ! s. ;i C CU O { (' M In cz a p �" C v �' O ! I h0 in �. ( u ' .0 (( I cC Q 11 j UI, O ,-, S. .4.� > R..,., S�..,r �, O j a) t v a� I{ 1 c6 TS i' O a) O I v O y a1 O to I I p a) u I p, I, bn { .O !� O 'CS O 'B U i( I, C) it bjl U wo { in L� in tQ 0. C] 0 I cn CG U {H O H fiC, bjD O o i W W W W N U I W II W II W i cz I ! x aJ CU Ln 7:; vi �I vi vi l cn �� °' v �, a,I y ro Ui a) a) �I y (� U ❑ O m c m( a (zO 2 M ( v M II co f {I \ (i (I II r\1 -N { 00 (SCO tiM .� 4 IM IIO Om m rq N Ii jt I ii I N i(N 1 > Cp •> I � co CIOi� M {i > if —cu a) LO t 1-4 I; u 14 II �� �� � � � 1i y I I •v I v O '� cuC �{ i! d bA L. cl If N 41 I C d I o '° 6 +••� o c, ca ° ° i� � G o i b t �' ❑ U d y It +' y u � a bl) •^. S: O y � CO O I Q b0 cn �+ RS i, i, "C' y a+ O (U u RS cc U i°. O Cal O II S.. y ^ .S: bA �' y Ocz '�' u I� = 4.1 U 4- 'i C3 y y 'O U i a O ^ y I }+ b>J 'LS d : •r .+ RS w cp co i'.' a�A its'- ° a�I� o o... �)� c 3 c.�c° °-- c°" d cz ^a >' W an ca Q4.1 ij O rn O >, 3 bD a cz I �i p O yr cz cn >~ y > c� y,j a �, f a� on ., >, V ss, — � y .. v > Gl > cC i+ > v .O O ^" 0 y u i+ v CQ E > � a > O C cc 0Eii�. a)wcs� {fo�ac t'vCr.a H>...eao:olaJLa a, cz m C> m¢ ¢ au PC w ¢ �� u cC-�N u U CJ M U a 0 U M .., s. U i, U M a V 0` e6 M U u e6�d' m N v U cn h0 "' O u U O u U V 0 o O O O O V �4 'N o � G0 0 Q c 0 c wa y 0 c N O O R L E i y y 0 a) rN to a = N R c > U d 7 = N ..N. co N .O m y tL Q .O U N R U E R N NR 0 O 0. 3 .mCZ C U U)NR ' C �! 7 •p Q U N N O a) 0 N d co N �. O J ON L LOC In L> M- EA N C R OO LCO E U a rn0 j a M N M •- V 4. UR tR7 E R O N J c v V w R o 00 0 0 Q > o �_ a, • m x y `o a vIt `A c E 0 o' o m o` � m N v 69 v E» Q 3 7 U lC R (n U W a_R+ (n M r- O o a 'u to fn v _m Z w O) R W Q y C R L y cn N O O O R a7 d = 2 CD 69 m J A L CD Gi (3i. N04 Q R a O. fn a> m L 0 U a 6 � Nom N •0 0 a in c to E w 3rno 0 w L W E c U 0 a z J 0£ y O d w r C O O O O O O ++ac) d aR. co ON 0 • L OLQ O O 00 N m O fn U =O Y R m p N W C4 nj C\I E ?+' U R m U) Y J L U Q Q Z c mp a - (n p o� v as Y= r� Q 0 U a U) = Z c R a c o O 0 0 Q i a7 °�o O V so U t.._ p a w A N to O v O v LL Z y �.- a0+ c •0 W d `-' O y L d O Q '� of O) a) OD O V V tq t U L N V M 0 C0 a L T O m O 0' O W aj LU O '. R W U Y Q7 a7 O a:3 01 (L # o 0 0 .1 E L) `r ci O y w 0 1- m O t coo M V N c» tp W m 69 O 7 L o O ~ w f» vs _ U d cc _c N 0 a) y R -0 t iC R C y 0 `1 C U U O to 0 0 R s�3tIL W a to Ec+rnN�.g`U c a zF W °' E N O a U N C C Q- O L R N d O N d O> = N O C L 07 U pL f7J w V W U t0 O W U aJ N -O U C .T. , LL p •- ul O. U R c Q' d a A o L a a3: R =. 3r`-a)cr 4f ,y, L V . Vd p R 0) 7 c 0) N L J R @ U a) � V R O w a� N R O O aR+Q OL.i R O R 2 3 R n R N O Z U U Ulu L O. V ta�Nrn�R U Cl U W(n cE cr cl�9 in N v U cn h0 "' O u U O u U V 0 o O O O O V �4 'N o � G0 0 Q m m oC w U w N O N c m C (o O E N N W.N O p .-. Vl i O +.+ E O .� N a N 0. C C „C O O U Q N U N O C N U'., U a)m c E c m O d r O) @ V O fl. O N C C N C N N X" O U 3 J m N o C E n E N C] 0 c p0 `p T.2 -O m a N '!n E C N 0 0 .V N U a -0 CL M N (n w U 3 O. O. f- N E -06 .� 2 oo 0 co F w Ca u3i m° 0 0 0 0 0 00 O) 00M O) 2 69 O 69 � C) O o o O N N M 64 Cl) 6e 609 - � CN O O 0 CD 0 O 0 Cl Ci 0 O O LQ O t0 N N 6G, N N V 69 V 69 61> 64 0 0 0 0 0 0 r» 0 E» o Cl) v M Cl) v M N 69 N 69 O O O O 0 O Cl) N Cl) N r m 0 O O V O7 Efl 69 vi 69 N O U C 6 O C C C 4- O C '� m .O O O (D M E O O N N 0 ) .T 7 p N O IO: LL J U C U d C d O C L C O d N A U p '� Y LL C 3 U ._.. O N d U_ N N N > O r2 Y O N' O "O N72 ~ E F H 3 C c LL g N a m 0 E2 c c- a a O o o d .°- O_ .O o ani o E N o O_ N o O U O Q N � O) t6 U N U .a .� O) O O O N .2 Q' - 5 w Uu U) win c`cu0 m o0�cn �w`ci 3 nm ..2-6 m m -------------------------- -- — - ---------------------------- ------------------------------------------------ 0o o ------------- Cc -0 ------------------------------- -------------------------- —o aor op c E o N a '0 UCQ 0 N- CU C c J rO 0- @ Ll Cc':, -C mO 13, IF @ CL U 69 a 5 E c_ 0 7 O n a O E U U O O ID J O" L O U .0 N E =0 a O_ iA 'o O d U CO a) C O 3 o m a� D- N U i� >. n p, L 7 N X 'U (n ..0 J 0) O Q) .O C U U .0 - N 00 a) c c Q m rn'- n C a) rn N O e» E W a) -o0 O y c 5 SO Y y y 12 E T (6 C 'O N a «. J 5 O C .0)-Q Ca ` O a C C '00 U CN 71 5 „ M a5 O O - O CO N U d a O O O O O CD O O O C) V 00 O O O O 1"i M V Ef3 fA LO N N N 69 EA 69 O O O O O O O O O C) C 000 V 00 V m Cfl O N fA N fR oo eA ao 69 N Eli O O O O O O O O O O p p O O O O C) EA O O C) �3 p 69 Hf fii bq CD O O O O O O 0 0 0 0 Cl 0 � 0 L9 0 F» o C) » te M M 69 OO O O O O O O O O C7 O O O O W O 0 p O 6969 6 69 � co co n - C_ N T N� o ca aaa)i O O aa) ri o ao U L) E i 0.fl c c c° o d c ° Q U) an d E J cU m a o .� o U n E Uww H c c O ODU c U c m° Aa > g ya -o >+'-' o� as o o o f c CL r@ E m O '� 3 O d O' M N w Y •� a7 a O F N _ CCL v y a a) N y m 4 i3 S O a� y. O C y C .a d .� ?+' N tm -J a M d a O as a a O@ a1 U a .-. a) 4 7 7 j p O O O (aj E C7 N 0 N 0 N C E N c o o N a� to E V U o H ?i r7i 7, � dm to U m c .@ a) aci aci E aci E m E o m v c u a a m c o d 3 E d 7 c a a a a o 7 >, g P- E E �' E r m °) a c -o °) LO. m a1 o c° ° •> Cf :x > o m" o o a as O :.Y E -- o° o u z' a r 3 n M u, . o U) a J° (V a C a F !n U w a~ ci U Y d U a (n rM.. Q d N 16 CL 2 f6_Q N e-+ O O U cu U v L M O bio o C y lu 3 o u o. U 0 O C o U'° w00Q w N C Eoo � m U U C u c S 2.4 N N c m o m C `- m LO = o T Q O 0 C 0 O CL Cc7 > C C 0 m 3 O" E C N3 N U w m LL E- '0 O o U o a o 0 3 m U 3 N Ca) 2 � o m N N a� U y L m cod a0) 3 m Q CLO 0 (n 3 N m m vU y 'O L U LL EA W a LL to 0 U U 2 d E 3 C C) C) O O O O 60 O U'l O EA It N tf) n 69 C)00 O O O O 09, O 60 cO LO m 60 O p C0 O O O Ea 69 O O O_ E,H 0 0 0 0 0 0 C) 0 0o 0 O 0 0 o 0 N N r 69 69 U9 69 O O O O O O O O O O oOD 0 C 0 LO v o w Q3 69 N w y E C m: R y -CN 2 _ m N • OC O w0 m Vr O m m O. m (n r r(n m m. m C N ;O 3 f%f Em 0_ _0 4) C m LL m — C=U E (� a7 m m N m N V co -0 -0 Q .�{.- N L m 0 Q C Z U c CL a7 Q (C6 C m-^ �` 0 L L E m o U a) c E C7 ° m m In 3 Q m O E U cn E a) ;,° T Q aa) - o f o 2 Scc m Q N •D 0. 3 0 3 m - Q + Q X 7 1 m 3 to U N O D_ E m (n Q a) m 6 U _E L - J 0 U w ------------------------------------------- ---------------------------- ---------------------- -- zx zx m N m O _ o M 3 -O a) N a) m w a) —O N O N N U O .N 7 N co N L U M .a) > '� m m N '[J E Lu -o, m 0 L m C L a) N N C L p -— 0 C O U v N O O -O N _ U ON m m E E am i m c m L _m_ c m T _ O T �4 0 0 33� Q o U W Y E� E O m W E 2' Y O@ N U Op N C N a) W N w d' N > ii UOQ a)> N U L) a) 3 (a m m Oof Cif» UD -L U USN O 0 0 0 0 0 0 0 0 0 E» 0 69 0 69 0 E» O 0 o 0 O 0q O 0 0 ca 00 U., U!) 00 O O O 0 co 0 69 0 69 0 U3, O 0 o 0 0 00 0 0 0 00 C C C C V N Co W C9 EA EA d9 O O O O O O O O O O O O O O O O O O O O N V V) N EJi N M EA t() O) 69 Ny ma) L' C E N= O€ N L O y Y C ;a m m v a 0 N &@ � U r. c CL 0 a) 'E o c Y m a c G -o N w o N c a L N N C N m E a 00 y N p, U n 0 n Q a) N °'U 0. N t c`6 O 7 C J T f4 Ea- u m N E U a) O U Q v CL mc Y N o aS _ O) (6 d V tm U O .D U Q) C C .w C' ld V L 'c'a n r C C N a o N i .—m0 Y C U. 'm LIJ � L U 3 m c o o m .0 -0 .� 3 m n a nv L 7 C m O^ Ce) o f Q' c Tp c m o o s o o- w _ CL o o j R CL o N m 3 aci v c .T. o U me ny E'v � m = m a� �Ld c° m o m E °)' m o �' E N oa o f a o U C1 � c m d N a m LL o o rn w :S E c 2 m 3 m E O F- o Q: m o c n U c ,E c o fi n a v U a o (D m m c 3 v 3 ac) �° c c E _- w 3 m a to N N, N U 4] Ln N r QQ)) M F.' O bL w ✓ O Q) O w O 0 O O w°u CQ 0 O 0 O o O o O O O O O O O o O o 0 0 0 o 0 0 0 Lo 00 0 o O O o 0 co co o r- r- !3 0 0 Ln Ln v v EA Ei3 0 a o a O � O 00 (0 O Cl) O V m O O V ccC O LO � W N N a 69 E{3 6 VCl) Ef3 N U3 Ef3 ff3 Ef3 E13 EA O O y E LO LOV � N p m N 0 O- O -0 O � y y N y N m y C11 K3 cli EA O N 0 N N N E y N N O UC O C 21 '` N O_ m h O O �-tt- N C 4 a N O) O 7 y >. C2 O7 O t O:.� U +.6 Lip CL mYN = . a E C -: m N �O m 0 OO O O O0 O O0 O O O O O O O O O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 m LO M O - co O LO 0 0 0 0 0 0 0 0 0 LO 00 V O O D O O O_ O V O_ ccC M cc t m LO LO V N N N lT t <} C EA (f3 LO co N N V N co EA ft3 'V N 1� 7 I-- 69 H3 EA EA Ef! ca U3 d3 N EA EA N O 69 E m m 3 m CD 0 0 0 0 0 0 C o r v E!3 0 O 0 O o O o O O O O O O O o O o 0 0 0 o 0 0 0 Lo 00 LO 00 v_ofoovLo0 o 00 O O � O 00 (0 O Cl) O V m O O V ccC O LO � W N N CO O' N� 69 E{3 6 VCl) Ef3 N U3 Ef3 ff3 Ef3 E13 EA O O y E LO LOV � N p m N 0 O- O O I1 O � y y N y N m y C11 K3 cli EA N 'm n 'fl U C 7 O -o Am U .� N C O O. m E C N O C O U Q O O O N m C � O m L° > (D m c C £ Q � y y C _ p .0 0 L= C Q O 3 Sl State of Colorado Contract Management Information Vendor Disclosure Statement Colorado Revised Statutes § 24-102-206 Contract Performance Outside of the United States or Colorado Prior to contracting, or as a requirement for the solicitation of any contract for services from the State of Colorado, a prospective vendor is required to disclose the following information in a statement of work. Completing this Form ® To the extent the following information has not previously disclosed in a statement of work, a prospective vendor shall complete this Vendor Disclosure Statement and return it to the contracting state agency or institution of higher education (IHE). a This Disclosure Statement is not required for contracts under Medicare, the "Colorado Medical Assistance Act", Articles 4 to 6 of Title 25.5, CRS, the "Children's Basic Health Plan Act", Article 8 of Title 25.5, CRS, or the "Colorado Indigent Care Program", Part I of Article 3 of Title 25.5, CRS. This Disclosure Statement is not required for Construction contracts. 1. Solicitation or Contract Routing Number: —t Vendor Name: 7-�y k ('0L, --? I- Y P e u State Agency/IHE Name: /�))e -� F9 f g U --7 C4 ''1 .- Nti-7c�) ..Se -LiCel 2. Where will the services under the contract, including any subcontracts, be performed? List all country(ies) and state(s). C©fid/-C,do 3. If it is anticipated that services under the contract, or any subcontracts, will be performed outside of the United States or the State of Colorado, explain why it is necessary or advantageous to go outside the United States or the State of Colorado to perform the contract or any subcontracts. x114 Signature Date eT Printed Name Title Effective May 20, 2010