No preview available
HomeMy WebLinkAboutC97-305 Colorado Department of Public Health and EnvironmentAPPROVED WAIVER FORM C'97 30-, -2 DEPARTMENT OR AGENCY NAME Health DEPARTMENT OR AGENCY NUMBER FAA ROUTING NUMBER 9807067 CONTRACT THIS CONTRACT, Made this 1st day of July 1997, by and between the State of Colorado for the use and benefit of the Department of Public Health and Environment. 4300 Cherry Creek Drive S 80222-1530 hereinafter referred to as the State, and 2 Board of County Commissioners, Eagle County P.O. Box 850 Eagle . CO 81631-0850 hereinafter referred to as the contractor. WHEREAS, authority exists in the law and Funds have been budgeted, appropriated and otherwise made available and sufficient uncommitted balance thereof remains available for encumbering and subsequent payment of this contract under Encumbrance Number FAACNS9807067 in Fund Number 100, Appropriation Account Number 080 and Organization Number 0022. WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, the State, in order to carry out its lawful powers, duties and responsibilities pursuant to Article I of Title 25, Colorado Revised Statutes 1973, and the provisions of legislative appropriations made and provided therefore, in coordination with like powers, duties and responsibilities of the Contractor, has determined that public health nursing services are desirable in Eagle County and WHEREAS, the State and the Contractor mutually agree that employment of public health nurse(s) (PHN), under the administrative control of the Contractor, is the most efficient and effective way of providing the desired services; and NOW THEREFORE, it is hereby agreed that for and in consideration of their mutual promises to each other, hereinafter stated, the parties hereto agree as follows: 1. The Contractor will provide the following services to children 0-16 years of age through public health nursing prevention and health promotion activities designed to enhance the health status of children and adolescents. Public health nursing assessments and interventions shall be consistent with recommendations for child health care as delineated in the Colorado Department of Public Health and Environment Child Health Manual, Screener Manual, and other policies and guidelines which have or will be made available to the contractor and may include as appropriate and indicated: a. Child Health Clinic Services to include as indicated: 1) A complete health history and -unclothed physical exam 2) Age-appropriate screening, including developmental screening 3) Age-appropriate immunizations 4) Age-appropriate anticipatory guidance and teaching of risk reducing behaviors to parents, including injury prevention 5) Appropriate nursing management and/or referral to appropriate resources of children exhibiting actual or potential problems in physical and/or developmental status. Page 1 of 9 pages b. Activities in which staff have taken a leadership role and/or in which they have actively participated that have as their goal the improved health of children in communities served. Such activities shall be consistent with one or more core public health functions of assessment, assurance, and policy development and implementation. C. Home visiting services as an adjunct to clinical services, to infants and children and their families, the primary purpose of which is public health nursing intervention designed to reduce the risk of injury and disease to the child and to strengthen child and family development. d. Evidence that 92% of all 2 year old children who have been enrolled in Child Health Clinics for at least one year are current on recommended immunizations, including Hemophilus B. e. Case finding and referral through the above activities for children eligible for the Health Care Program for Children With Special Needs (HCP). By June 30, 1998, a qualitative audit will be done on 10% of currently enrolled and active Child Health Clinic records, using the State Child Health Impact Tool or similar audit format approved by the Child Health Program Director. A copy of the aggregate audit results shall be submitted to the Community Nursing Section Director and shall demonstrate that 75% of the problems identified in the Child Health Clinics demonstrate resolution and/or improvement. The Contractor will, whenever possible, use paraprofessional screeners to perform screening components of Child Health Services, specifically the Denver Developmental Screening Test (Denver II). Screeners will be trained and evaluated as determined appropriate by the State Screening Program Manager. Contractor will assign public health nurse(s) to provide day-to-day supervision for these screeners. 4. The Contractor agrees to refer all child recipients of Medicaid to their assigned Medicaid provider if applicable for EPSDT services. This includes both primary care physicians and HMO's. EPSDT case management and outreach workers shall be utilized to assist children and families in securing Medicaid services. 5. The Contractor will submit to the State reports including child health screener reports, generated from the CoTrack encounter system or other data reporting systems as may be implemented or approved by the State. 8. The Contractor will provide the following services on behalf of the Health Care Program for Children With Special Needs (HCP). a. Case finding, care coordination, clinic management, program management, parent/family support, and community outreach as described in the Effectiveness Indicators for Health Care Program for Children With Special Needs (HCP) and the self-evaluation form, incorporated herein by reference and which has been made available to the contractor. b. Contractor will complete assigned sections of the self-evaluation forms to the HCP Effectiveness Indicators and review with HCP Regional office staff annually. C. 10% of local county HCP records will be audited using HCP audit tool with copy forwarded to HCP Regional Office Nursing Consultant by December 30, 1997. d. The Contractor will submit an annual report as requested by the State office due December 30, 1997. Page 2 of 9 pages 7. Contractor agrees to provide public health nursing functions as follows: a. Assess health care needs of individuals, families, and the community as evidenced by: 1) records of identified community health needs 2) completion of the County Nursing Service Assessment Tool (CNSAT) and/or agency assessment tool as approved by their generalist consultant by February 28th each year Implement programs and services identified by community assessment as evidenced by: 1) a written report of a community's determination of service priority (e.g., WIC, Women's Health, HCP, Child Health Programs, Adult Programs, Health Promotion and Education) 2) yearly reporting of time study data supporting public health nursing activity related to Maternal Child Health (MCH) Programs using the TimeSheets Computer Program or other approved method of data collection. A minimum of one month per quarter is required from the Contractor. The State will analyze the submitted data. 3) completion of service data information as documented in CNSAT C. Provide home health care when other agencies are not meeting the community's need for services. d. Identify and facilitate access to needed health care services as evidenced by: 1) the development and maintenance of a resource guide for the purpose of referral, collaboration, and case management 2) written evidence of collaboration with community health care providers and agencies as specified in the CNSAT e. Participate in evaluation of health program's and agency activity as evidenced by: 1) a system for documentation of follow up interventions and outcomes of identified health problems 2) an assessment review (i.e., program required audits or self-monitoring audits) done yearly with the nurse generalist which includes evidence of compliance with: (a) county employee policies, including personnel, fiscal rules, reporting requirements and other policies governing county employee work sites (b) Colorado Revised Statutes Maintain records to include: 1) a single client or family record which may document well child care, HCP services, birth history and reference of interagency collaborative services. Documentation of services will be reviewed by a chart audit. 2) protection of the confidentiality of all applicant/recipient records that are maintained in accordance with this contract. Except for purposes directly connected with the administration of this Program/Project, no information about or obtained from any applicant/recipient shall be disclosed in a form identifiable with the applicant/recipient without the prior written consent of the applicant/recipient or a minor's parent or Page 3 of 9 pages guardian or as otherwise properly ordered by a court ur competent jurisdiction. The Contractor shall have written policies governing access to duplication and dissemination of all such information. The Contractor shall advise its employees, agents, servants, and subcontractors, if any, that they are subject to these provisions of confidentiality. g. Development or influence the development of policies as evidenced by: 1) written agency policies as specified in CNSAT 2) documentation of efforts to influence the development of community health policies reflective of identified community need 3) provision of documentation when needed to substantiate planning efforts at the state level. Contractor will review all clients for Medicaid and SSI eligibility and Medicaid model waiver programs and assist those who appear eligible but are not enrolled in completing the application process. For clients applying to HCP the Contractor will assure that those who appear eligible for Medicaid and SSI have applied and have completed a Medicaid verification form. This form is to be sent with the HCP application. The Contractor will, on or after the date of this contract, and with prior review and recommendation by the State nurse generalist consultant employ only individuals who meet the minimum qualifications as set by the State Community Nursing Section for each position. 10. Payment pursuant to this Contract will be made as earned, in whole or in part, from available State funds encumbered in an amount not to exceed Eight hundred ninety eight thousand six hundred forty nine dollars and no cents ($898.649.00) for the purchase of County Nursing Services. It is further understood and agreed that the maximum amount of State funds available for fiscal year 1998 for the purchase of Nursing Services is in the amount of ($898.649.00). The liability of the State, at any time, for such payments shall be limited to the unencumbered remaining of such funds. (Should there be a reduction in total funds appropriated, the State in its sole discretion may proportionately reduce the funding for this Contract or terminate the contract in its entirety). a. Monthly reimbursement shall be based on paying one -twelfth of the projected cost of maintaining 15.94 % of the total county nursing salary of Two hundred sevenly seven thousand two hundred seventeen dollars and forty cents ($277.217.40) (as determined from the June 1997 Community Nursing Section salary survey) for 5.11 Full Time Equivalent (FTE). If actual FTE level is less than projected, a proportionate reduction will be paid. At the end of March, 1998, a reconciliation shall be made and any vacancy savings shall be redistributed pro rata to those agencies with an increase in FTE or increase in salary. The amount determined by the State to be available to each agency with an increase will be reimbursed in equal one-third increments along with the last three monthly payments due on the contract. All payments under this contract shall be made monthly upon receipt by the state of a properly completed and signed monthly statement (Contract Reimbursement Form Attachment A), submitted in duplicate from the contractor requesting reimbursement. b. The State will continue payment for nursing personnel only so long as the Contractor renders acceptable services as determined by the State. The Nursing Consultant assigned by the State Nursing Section shall have the authority for review, report, and periodic evaluation of the quality and quantity of public health nursing services based on minimum standards for Community Nursing Services. The Contractor agrees to cooperate in any evaluation conducted by the State. Page 4 of 9 pages C. If contractor's agents do not meet performance criteria as stated in this contract, a corrective action plan will be filed with the State Director of Community Nursing within 90 days of notice of deficiency; any future payment for service will be suspended if there is failure to comply with the corrective action plan. 11. The Contractor will not charge for services those individuals of families at or below the official poverty line as defined by the Office of Management and Budget in accordance with Title V, Section 501 (B) (2) and Section 505 (2)(d). The 100% of poverty income guideline for farm or non-farm families is currently at $10,360 for a family of 2; $12,980 for a family of 3; $15,600 for a family of 4; $18,220 for a family of 5; $20,840 for a family of 6; $23,460 for a family of 7; $26,080 for a family of 8. For families of more than eight, add $2,620 for each additional member. These guidelines will change during the contract year. When the new poverty income guidelines are received by the State from the Office of Management and Budget, they will be forwarded to the Contractor and should be used upon receipt. 12. If any charges are imposed for services to clients who are above the 100% of poverty level, such charges must be on a sliding scale which takes into account the client's family size, income and resources. These charges and the sliding fee scale must be made available to the general public and to all clients and must be based on the agency's usual and customary cost for the service. Those clients at or below 100% of poverty may not be charged for services provided by agency. 13. Title V funds may not be used to pay for any item or service (other than an emergency item or service) furnished by an individual or entity convicted of a criminal offense under the Medicare or any State health care program (i.e., Medicaid, Maternal and Child Health, or Social Services Block Grant programs). 14. In no event will these funds be used to cover the cost of those services to patients for whom third party payment can be billed. 15. The Contractor shall: (1) inform potentially eligible recipients that the "Colorado Baby Care/Kids Care Program" (CBC/KCP"), a program within Medicaid, exists and that potentially eligible recipients should apply for coverage under that program through the local county department of social services; (2) inform potentially eligible recipients that the Colorado Child Health Care Plan (CCHCP) exists; (3) inform the potential recipient that CBC/KCP and CCHCP may be a potential source of payment for their child's care; (4) inform the potential recipient that in order to receive continuing coverage under CBC/KCP and CCHCP they be encouraged to complete an application fully as soon as possible (CBC/KCP allows for up to 60 days of presumptive eligibility for pregnant women who are registered with Medicaid); (5) obtain from Medicaid and have present at their facility current information regarding eligibility and services under CBC/KCP; and (6) have registration forms for CCHCP available at all times. 16. Contractor agrees to provide services to all program participants and employees in a smoke-free environment. Smoking may not be permitted in waiting areas, examination rooms, formal sessions providing education, therapy, or similar services. Designated smoking areas may be established for staff, program participants, family members, and visitors. These designated areas should be well ventilated in order that the waiting area and the service delivery environment remains smoke free. 17. Contractor will participate as requested by Family and Community Health Services Division in the development of a plan for primary health care for children, including children with special needs, that is community based, coordinated, family centered, accessible, and culturally competent. This is in accordance with a new initiative funded to the state by the Bureau of Maternal & Child Health and known as the State Systems Development Initiative (SSDI). 18. The term of this Contract is beginning July 1, 1997 and continuing through June 30, 1998. Page 5 of 9 pages COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT- hereinafter, under the General Contract Provisions, referred to as "CDPHE". GENERAL CONTRACT PROVISIONS — page 1 of 2 pages 1. THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE. 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 AND LOCAL HEAD TAX ON 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 WORKERS' COMPENSATION (AND SHOW PROOF OF SUCH INSURANCE) AND UNEMPLOYMENT COMPENSATION INSURANCE IN AMOUNTS REQUIRED BY LAW, AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR, ITS EMPLOYEES AND AGENTS. 2. Contractor authorizes CDPHE, or its agents, to perform audits and to make inspections for the purpose of evaluating performance under this contract. 3. Either party shall have the right to terminate this agreement by giving the other party thirty days notice by registered mail, return receipt requested. If notice is so given, this agreement shall terminate on the expiration of the thirty days, and the liability of the parties hereunder for the further performance of the terms of this agreement shall thereupon cease, but the parties shall not be relieved of the duty to perform their obligations up to the date of termination. 4. This agreement 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. 5. If this contract involves the expenditure of federal funds, this contract is contingent upon continued availability of federal funds for payment pursuant to the terms of this agreement. Contractor also agrees to fulfill the requirements of- a) f a) Office of Management and Budget Circulars A-87, A-21 or A-122, and A-102 or A-110, whichever is applicable; b) the Hatch Act (5 U.S.C. 1501-1508) and Public Law 95-454 Section 4728. These statutes state that federal funds cannot be used for partisan political purposes of any kind by any person or organization involved in the administration of federally -assisted programs; c) the Davis -Bacon Act (40 Stat. 1494, Mar. 3; 1921, Chap. 411, 40 U.S.C. 276A -276A-5). This act requires that all laborers and mechanics employed by contractors or sub -contractors to work on construction projects financed by federal assistance must be paid wages not less than those established for the locality of the project by the Secretary of Labor; d) 42 U.S.C. 6101 et seq, 42 U.S.C. 2000d, 29 U.S.C. 794. These acts require that no person shall, on the grounds of race, color, national origin, age, or handicap, be excluded from participation in or be subjected to discrimination in any program or activity funded, in whole or in part, by federal funds; Paged ofd_ Pages Rev. 05/07/97 (GEN) GENERAL CONTRACT PROVISIONS -- Page 2 of 2 pages e) the Americans with Disabilities Act (Public Law 101-336; 42 U.S.C. 12101, 12102, 12111 - 12117, 12131 - 12134, 12141 - 12150, 12161 12165, 12181 - 12189, 12201 - 12213 and 47 U.S.C. 225 and 47 U.S.C. 611; f) if the contractor is acquiring real property and displacing households or businesses in the performance of this contract, the contractor is in compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act, as amended (Public Law 91-646, as amended and Public Law 100-17, 101 Stat. 246 - 256); and g) when applicable, the contractor is in compliance with the provisions of the "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments" (Common Rule). 6. By signing and submitting this contract the contractor states that: a) the contractor is in compliance with the requirements of the Drug -Free Workplace Act (Public Law 100-690 Title V, Subtitle D, 41 U.S.C. 701 et seq.); b) the contractor is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency. 7. To be considered for payment, billings for payment pursuant to this contract must be received within 60 days after the period for which payment is being requested and final billings on the contract must be received by CDPHE within 60 days after the end of the contract term. 8. If applicable, Local Match is to be submitted on the monthly payment statements, in the column provided, as required by the funding source. 9. If contractor receives federal funds in an aggregate amount per year from CDPHE which exceeds the applicable threshold dollar amount specified in the Office of Management and Budget Circulars A-128 or A-133, contractor agrees to have an annual audit, by an independent certified public accountant, which meets the requirements of Office of Management and Budget Circular A-128 or A-133, whichever applies. If contractor is required to submit an annual indirect cost proposal to CDPHE for review and approval, contractor's auditor will audit the proposal in accordance with the requirements of OMB Circular A-87, A-21 or A-122. Contractor agrees to furnish one copy of the audit reports to the CDPHE Department Accounting Office within 30 days of their issuance, but not later than nine months after the end of contractor's fiscal year. Contractor agrees to take appropriate corrective action within six months of the report's issuance in instances of noncompliance with federal laws and regulations. Contractor agrees to permit CDPHE or its agents to have access to its records and financial statements as necessary, and further agrees to retain such records and financial statements for a period of three years after the date of issuance of the audit report. This contract DOES zontain federal funds as of the date it is signed. This requirement is in addition to any other audit requirements contained in other paragraphs within this contract. 10. Contractor agrees to not use federal funds to satisfy federal cost sharing and matching requirements unless approved in writing by the appropriate federal agency. Page 7 of --2—Pages Rev. 05/07/97 (GEN) SPECIAL PROVISIONS CONTROLLER'S APPROVAL 1 . This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate This provision is applicable to any contract involving the payment of money by the State. FUND AVAILABILITY 2. Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. BOND REQUIREMENT 3. If this contract involves the payment of more than fifty thousand dollars for the construction, erection, repair, maintenance, or improvement of any building, road. bridge, viaduct, tunnel, excavation or other public work for this State, the contractor shall, before entering upon the performance of any such work included in this contract, duly execute and deliver to the State official who will sign the contract, a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one-half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate surety conditioned upon the faithful performance of the contract and in addition, shall provide that if the contractor or his subcontractors fail to duly pay for any labor, materials, team hire, sustenance, provisions, provendor or other supplies used or consumed by such contractor or his subcontractor in performance of the work contracted to be done or fails to pay any person who supplies rental machinery, tools, or equipment in the prosecution of the work the surety will pay the same in an amount not exceeding the sum specified in the bond, together with interest at the rate of eight per cent per annum. Unless such bond is executed, delivered and filed, no claim in favor of the contractor arising under such contract shall be audited, allowed or paid. A certified or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance with CRS 38-26-106. INDEMNIFICATION 4. To the extent authorized by law, the contractor shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract. DISCRIMINATION AND AFFIRMATIVE ACTION 5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law respecting discrimination and unfair employment practices (CRS 24-34402), and as required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975. Pursuant thereto, the following provisions shall be contained in all State contracts or sub -contracts. During the performance of this contract, the contractor agrees as follows: (a) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age. The contractor will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to the above mentioned characteristics. Such action shall include, but not be limited to the following: employment upgrading, demotion, or transfer, recruitment or recruitment advertisings; lay-offs or terminations; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth provisions of this non-discrimination clause. (b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age. (c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, notice to be provided by the contracting officer, advising the labor union or workers' representative of the contractor's commitment under the Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the rules, regulations, and relevant Orders of the Governor. (d) The contractor and labor unions will furnish all information and reports required by Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, and by the rules, regulations and Orders of the Governor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such mules, regulations and orders. (e) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization, or expel any such individual from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity because of race, creed, color, sex, national origin, or ancestry. (f) A labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce the doing of any act defined in this contract to be discriminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder; or attempt, either directly or indirectly, to commit any act defined in this contract to be discriminatory. (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 Far 6 -AC -02B (GEN060197) Revised 06/01/97 Page __L Of__L pages in accordance therewith, and such other sanctions be imposed and remedies as may be invoked as provi- a in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, or by rules, ations, or orders promulgated in accordance themwic 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 sub -contracting or purchase order as the contracting agency may direct, as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation, with the subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado. COLORADO LABOR PREFERENCE 6a. Provisions of CRS 8-17-101 & 102 for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereunder and are financed in whole or in part by State funds. b. When a construction contract for a public project is to be awarded to a bidder, a resident bidder shall be allowed a preference against a non-resident bidder from a state or foreign country equal to the preference given or required by the state or foreign country in which the non-resident bidder is a resident. If it is determined by the officer responsible for awarding the bid that compliance with the 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 8719-101 and 102). GENERAL 7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution, and enforcement of this contract. Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extra judicial body or person or which is otherwise in conflict with said laws, rules, and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution. 8. At all times during the performance of this contract, the Contractor shall strictly adhere to all applicable federal and state laws, rules, and regulations that have been or may hereafter be established. 9. Pursuant to CRS 24-30-202.4 (as amended), the state controller may %withhold debts owed to state agencies under the vendor offset intercept system for. (a) unpaid child support debt or child support arreamges; (b) unpaid balance of tax, accrued interest, or other charges specified in Article 22, Title 39, CRS; (c) unpaid loans due to the student loan division of the department of higher education; (d) owed amounts required to be paid to the unemployment compensation fund; and (e) other unpaid debts owing to the state or any agency thereof, the amount of which is found to be owing as a result of final agency determination or reduced to judgment as certified by the controller. 10. The signatories aver that they are familiar with CRS 18-8-301, et seq., (Bribery and Corrupt Influences) and CRS 18-8-401, et seq., (Abuse of Public Office), and that no violation of such provisions is present. t 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 Wb T NIESS WHEREOF, the parties hereto have executed this Contract on the day first above written. Contractor Board of County Commissioners, (Fu ./ngr! N Eagle Count , P.b;:ftion (Title) • / 846000762 State of Colorado ROY ROMER, GOVERNOR By Social Security Number or Federal I.D. Number Del of If Corporation, Town/City/County, or Equivalent: of EAGZC, r, PR v OG Attest (Affi Seal) y a B Y ' /County ATTORNEY GENERAL APPROVALS CONTROLLER By BY Gale A. Norton Clifford W. Fo m 6 -AC -02C (GEN060197) Revised 06/01/97 Page 9 which is the last of 9 pages EM H z LU 2 LU Q H CO) F - z w 2 LU N m Mu F' z O V rn c L Z M E O E O 2 U I— O O a LL U) w it D H 0 z w a x w c a) E 0 c w v c 0 ca (a a) 2 V w fl O O oaCO V 4- 0 0 t m E y N O Z CLU � cn a) Z' O E c o 0 U L U E m U 4_ o �- c > 0 o cn 0M CD U U qT 0 o O m M CO CLo CO LL CO U o0 (D m a) O—CM prn LL w a w w 0 z_ w LL U D J a Q w F- U - LU w Q z w Er D z J H 0 !L- LO _ LO Mn v M W c O v a) r m N 0 75 W w F - w m F- U C ca V ca ca (n L a) L U) cn () c c O E L- a) a) O. O N D co a) � U 6a OO L O �- c E c Co r- �' O O. O OL C_ N O (a E O +r ,O C E E >, ca = a 3 wEL E� O c U c cc CD a� N N [2 > T 8 LU 0 0 Hw v N Lo L co C: a) fa IL U v g ■■ 7 II ca O O_ 0.Q 12 aL w a z 0 04 z O 0 J Q z C7 O w 0o F -