HomeMy WebLinkAboutC99-154 CDPHEPublic Health Nursing, and
Maternal and Child Health Services
CONTRACT
DEPARTMENT OR AGENCY NAME
COLORADO DEPARTMENT OF
PUBLIC HEALTH AND ENVIRONMENT
DEPARTMENT OR AGENCY NUMBER
FAA
CONTRACT ROUTING NUMBER
0000080
This CONTRACT is made this 1st day of July, 1999 by laid between: the State of Colorado, for the use and benefit of
the DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, whose address or principal place of business
is 4300 Cherry Creek Drive South. Denver. Colorado 80246, hereinafter referred to as "the State;" and, Board of
County Commissioners, Eagle County,, whose address or principal place of business is P.O. Box 850, Eagle, CO
81631-0850 , hereinafter referred to as "the Contractor".
WHEREAS, as to the State, authority exists in the Law and Funds have been budgeted, appropriated, and otherwise
made available and a sufficient uncommitted balance thereof remains available for subsequent encumbering and payment
in Fund Number 100, Appropriation Account Numbers 080, 081, and 585. and Organization Numbers 0022 and 6730,
under Contract Encumbrance Number FAA CNS000 0080.
WHEREAS, as of the made date of this Contract, the State has a currently valid Group II purchasing delegation
agreement with the division of purchasing within the Colorado Department of Personnel;
WHEREAS, Section 29-1-201, 8 C.R.S., as amended, encourages governments to make the most efficient and effective
use of their powers and responsibilities by cooperating and contracting with each other to the fullest extent possible to
provide any function, service, or facility lawfully authorized to each of the cooperating or contracting entities, and to this
end all State contracts with its political subdivisions are exempt from the State's personnel rules and the State
procurement code;
WHEREAS, the State, in order to carry out its lawful powers, duties, and responsibilities pursuant to Article 1 of Title
25 of the Colorado Revised Statutes, as amended, and the provisions of legislative appropriations made and provided
therefore, has determined that public health nursing services are desirable in Eagle County;
WHEREAS, the State and the Contractor mutually agree that the employment of (a) Public Health Nurse(s) (PHN),
under the administrative control of the Contractor is the most efficient and effective way of providing these services; and,
WHEREAS, all required approvals, clearances, and coordination have accomplished from and with all appropriate state
agencies.
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NOW THEREFORE, in consideration of their mutual promises to each other, stated below, the parties hereto agree
as follows:
A. EFFECTIVE DATE AND TEPUNI. The effective date of this Contract is July 1, 1999, or on such other date
as this Contract is approved by the State Controller, whichever is later. The initial term of this Contract shall
commence on July 1,1999 and continue through and including June 30, 2000, unless sooner terminated by the
parties pursuant to the terms and conditions of this Contract. The total term of this Contract, including any
renewals or extensions hereof, may not exceed five (5) years.
B. DUTIES AND OBLIGATIONS OF THE CONTRACTOR. The Contractor shall provide public health
nursing and maternal child health nursing functions as follows:
l . Community Health Assessment: Assess the health needs of individuals, families, and the community
as a core public health function as evidenced by:
A. Completion of a community health assessment by the Contractor if one has not been
completed in the past five (5) years.
B. Demonstration of collaboration among community members and the Contractor in the
completion of the community assessment. .
C. Analysis of the community assessment data to identify priority health problems in the
affected community.
D. Annual monitoring and evaluation of the priority health problems identified in the community
assessment by tracking key indicators.
2. Goal Identification: Identify goals as evidenced by:
A. Maintaining a list of the Contractor's annual priorities and objectives derived from its
analysis of the community health assessment.
B. The creation of a comprehensive three (3) year plan designed to improve outcomes is based
on those needs identified in the community assessment. This three (3) year plan shall be
reviewed annually and a report of outcomes shall be on file.
3. Program and Policy Implementation: Assure programs and policies address the needs identified in
the community assessment as evidenced by:
A. A yearly report of time study data supporting the public health nursing activity related to all
programs performed by the Contractor under this Contract. A minimum of a one (1) month
study per quarter is required from the Contractor. The State shall compile and analyze the
data submitted by the Contractor.
B. The availability of an on site local resource guide, developed by the Contractor for the
purpose of referral, collaboration, and case management.
C. Collaboration with community health care providers and agencies in the implementation of
identified health priority programs and services as evidenced by the participation of the
Contractor on community coalitions, boards, and task forces..
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Community Health Assessment and Maternal and Child Health Nursing Contractor Evaluation: An
evaluation of the Contractor's shall be performed as evidenced by:
A. A tracking system to document follow-up interventions for identified -health problems.
B. Documentation of the results (impact) of interventions designed to impact Maternal and
Child Health (MCH) outcomes, based on a three year improvement plan.
C. Maintenance of single client or family records which are available for review by appropriate
State personnel.
D A participatory biannual Contractor review completed by the Contractor and the State using
a standardized site review tool that shall be made available to the Contractor's designee prior
to the site visit.
E. Contractor/State -Public Health Nurse (PHN) consultant collaboration as evidenced by
attendance at regional meetings, site visits, phone consultations, and information sharing.
$. Staff Employed: The Contractor shall, on or after the effective date of this Contract, and with the prior
review and recommendation(s) by the State's PHN consultant, employ only those individuals -who
possess a currently valid Colorado registered nurse license. At the staff level, preference shall be
given to the employment of nurses who possess a Bachelor of Science in nursing and at least one (1)
year of nursing experience. At the management level, preference shall be given to the employment
of nurses who possess a Master of Science in nursing and at least two (2) years public health nursing
experience. This paragraph authorizes the Contractor to subcontract with individuals who meet the
requirements of this paragraph.
6. Provision of Maternal and Child Health Services:
A. Child Health. The Contractor shall provide core public health services, including public
health nursing prevention and health promotion activities which are designed to enhance the
health status of children and adolescents, 0-16 years of age. These services shall be provided
either. as direct patient care, through child health clinics or home visits; and/or, a broader
range of child health activities that may include, but are not limited to, enabling services,
population -based services, or infrastructure -building activities as described in "Attachment
A", "Core Public Health Services Delivered by MCH Agencies", which is incorporated
herein by this reference, made a part hereof, and attached hereto. The decision by the
Contractor to provide or to not provide direct patient care services shall be based on an
assessment of the capacity of a community's public and private providers to meet the direct
health care needs of the children of that community.
1. Direct Health Care Services: When the Contractor does provide direct health care
services, public health nursing, and child health screener assessments and interventions shall
be consistent with recommendations for child health care as delineated in the State's "Child
Health Manual", Screener Manual, and any other relevant policies and guidelines which have
or shall be made available to the Contractor by the State. These direct health care services
may include:
a. Child Health Clinic Services as indicated and appropriate, to include:
1. A complete health and psycho/social history and unclothed physical exam;
2. Age -appropriate screening, including but not limited to, developmental
screenuig;
3. Age -appropriate immunizations;
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4. Age -appropriate anticipatory guidance and teaching of risk reducing
behaviors, including but not limited to, teaching parents injury prevention
techniques, prevention of motor vehicle injury and death through the use
of infant and child care seats and seat belts; and
5. Nursing management and/or referral(s) to appropriate resources for
children exhibiting actual or potential problems in their physical and/or
developmental status.
b. Home visiting services as indicated to infants, 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 infant or child and to strengthen child and
family development.
C. Activities in which staff have taken a leadership role and/or have actively
participated which activities have as their goal the improved health of children in
the communities served. Such activities shall be consistent with one or more core
public health functions of assessment, assurance, and policy development and
implementation.
d. Case finding(s) and referral(s) through the above child health activities for children
eligible for the State's Health Care Program for Children with Special Needs.
e. Appropriate referrals for all children who fail screening tests or who are in need of
medical or other diagnosis or treatment. The Contractor shall document its attempts
to follow up on these referrals.
2. Joint Review: On or before June 30, 2000, the Contractor shall submit to the State's
Public Health Nursing Section, the following:
a. A copy of the aggregate results of a qualitative audit completed on at least ten
percent (10%) of active Child Health Clinic records, using the State's "Child Health
Impact Tool", or a similar audit approved by the State's Child Health Program
Director. This audit should indicate that seventy-five percent (75%) of problems
identified through public health nursing assessments have been appropriately
referred, improved, or resolved.
b. Evidence that ninety percent (901/6) of all two (2) year old children enrolled in the
Contractor's Child Health Clinics for at least one (1) year are current on all
recommended immunizations, including but not limited to Hemophilus B.
C. A description of at least two (2) activities, the primary purpose of which is the
prevention of or early intervention in child abuse and neglect, that the Contractor
has implemented or in which the Contractor has played an active role.
3. Child Health Screening Services: The Contractor shall, if applicable, use
paraprofessional screeners to perform the screening components, particularly developmental
screening, of all child health services. The preferred developmental screening tool is the
"Denver II". Screeners using the "Denver II" shall be trained, evaluated, and certified, as
determined appropriate by the State's Screening Program Manager. The Contractor shall
assign public health nurses to determine which screening services shall be provided and to
provide the day-to-day supervision of child health screeners. In addition to those screening
services performed as a component of Child Health Clinics, screening activities may include,
with the prior approval of the State, community -based "Denver II" screening services
performed by certified screeners. The Contractor shall submit to the State on a monthly
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basis, reports from CoTrack, or another approved tracking system, indicating the total
number of children screened and the total number of abnormal screenings.
4. Medicaid and Child Health Plan Plus: The Contractor shall insure that those
children enrolled in Medicaid or the Child Health Plan Plus (CHP+) who have an assigned
primary care provider are referred to their primary care provider, including managed care
providers, for preventive care services, including immunizations, unless the primary care
provider has referred or agreed to the provision of these services by the Contractor. If
applicable, the Contractor's Early Periodic Screening, Diagnosis, and Treatment (EPSDT)
case management and outreach workers shall be utilized to assist children and families in
securing Medicaid services.
B. Health Care Program for Children with Special Needs Services. On behalf of the Health
Care Program for Children with Special Needs (HCP) the Contractor shall:
1. Ensure that the public.health nurse collaborates with the State's regional HCP office
to coordinate core public health activities for children with special needs.
2. Assist in the provision of direct health care and enabling services as described in the
State's "Effectiveness Indicators for Health Care Program for Children With Special Needs"
and the "HCP Policy and Procedure Manual" which have been, or shall be, provided to the
Contractor by the State.
3. Audit ten percent (10%) of local HCP records using the State's HCP audit tool. A
copy of the audit results shall be sent to the team leader of the State's regional HCP office by
December 31 of each year.
4. Submit an annual report, if requested by the State. This annual report is due by
January 31 of each year.
C. Perinatal Services. The Contractor shall provide core public health services, including
public health nursing prevention and health promotion activities designed to enhance the
health status of women of childbearing age. These services shall be provided as either direct
patient care through the direct provision of services, or through population based services,
or infrastructure building activities as described in the pyramid examples (Attachment A).
The decision by the Contractor to provide these services shall be based on an assessment of
the capacity of a community's public and private providers to meet the direct health care
needs of women in the community.
7. Provision of Information or Referrals.
A. Inform potentially eligible applicants/recipients about available funding programs, including
Medicaid, Baby CarelKids Care, Medicaid model waiver programs, HCP, and CHP+. The
Contractor shall inform potential applicants/recipients that these programs may be a potential
source of payments for care and shall refer potential applicantstrecipients to appropriate sites,
including local departments of social services, to apply for these programs. The Contractor
shall assist clients in completing the appropriate applications at the Contractor's site.
B. Obtain from Medicaid and CHP+, and have present at its facility or facilities, current
application forms and information regarding the eligibility for, and the services provided
through Medicaid and CHP+.
C. Assure that clients applying to the State's HCP program have completed an application for
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Medicaid/CHP= and are informed that they must be denied for Medicaid/CHP+ before
medical services can be paid through the HCP program. The Contractor shall insure that
clients already enrolled in Medicaid complete a Medicaid verification form which shall be
submitted with the completed HCP application to the State's regional HCP office.
D. Provide information about, and referrals to, comprehensive case management services such
as Prenatal Plus when needed and available.
E. assure that all pregnant women are provided information about, and are referred to,
comprehensive prenatal care services.
F. Assure that all individuals seeking reproductive health services are provided information
about pregnancy planning, the consequences of unintended pregnancies, and are referred to
comprehensive services that assure confidentiality.
8. No Charge Services. The Contractor shall not charge for MCH services those individuals or 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 $11,060 for a family of 2; $13,880 for a family of 3; $16,700
for a family of 4; $19,520 for a family of 5; $22,340 for a family of 6; $25,160 for a family of 7;
$27,980 for a family of 8. For families of more than eight, $2,820 shall be added for each additional
family member to the base amount of $27,980 to determine eligibility. If the Office of Management
and Budget promulgates new poverty income guidelines during the term of this Contract, then the State
shall forward those new poverty income guidelines to the Contractor. The Contractor shall use these
new poverty income guidelines upon receipt.
9. &educed Charge Services. If any charges are imposed by the Contractor for services to MCH clients
whose income exceeds one hundred percent (100%) of poverty level, then such charges shall be based
on a sliding fee scale which takes into account the client's family size, income, and resources. These
charges and the sliding fee scale shall be available to the general public and to all clients and shall be
based on the Contractor's usual and customary costs for these services. Those clients at or below
100% of poverty level shall not be charged for services provided by the Contractor under this
Contract.
10. Restriction on Title V Funds. Funds shall not be used by the Contractor to pay for any item or service
(other than an emergency item or service) furnished by an individual or entity who has been convicted
of a criminal offense against Medicare, or any similar state health care program (e.g., Medicaid,
Maternal and Child Health, or Social Services Block Grant programs).
11. 'Third Part�r Payments. If the Contractor knows, or has reason to know that a third party payments are
available to an applicanthecipient, then the Contractor shall not use Contract funds be used to cover
the costs of services to patients for whom third party payment is available.
12. Smoke Free Environment. The Contractor shall provide its services to all program participants and
employees in a smoke -free environment. Smoking is not 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
smoking areas shall be well ventilated to insure that the waiting area and the service delivery
environment remain smoke free.
13. Insurance. Except for "public entities", which are described below, during the term of this Contract,
and any renewal or extension hereof the Contractor shall keep in force and effect a policy or policies
of comprehensive general liability insurance, issued by a company authorized to do business in
Colorado in an amount not less than $500,000 combined single limit for total injuries or damages
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arising from any one incident (for bodily injuries or damages). The Contractor shall provide the State with a certificate
of insurance as evidence that such insurance coverage is in effect as of the effective date of this Contract.
If the Contractor is a "public entity" within the meaning of the Colorado Governmental Immunity Act, section 24-10-101,
c=t sue, 7 C.R.S., as amended (CGIA), then the Contractor shall at all times during the term of this Contract, and any
renewal or extension hereof, maintain such liability insurance, by commercial policy or self-insurance, as is necessary
to meet its liabilities under the CGIA. The Contractor must provide the State with written proof of such insurance.
C. DUTIES AND OBLIGATIONS OF THE STATE
1. Total Financial Obligation of the State. Payment pursuant to this Contract shall be made as earned,
in whole or in part, from available State funds encumbered in an amount not to exceed Forty nine
thousand nine hundred fifty five dollars and forty five cents ($49,955.45). Of the total financial
obligation of the State, Nine thousand ninety nine dollars and sixty six cents ($9,099.66), is derived
from a Federal funding source for the purchase of Public Health Nursing and Maternal and Child
Health services. Of the total financial obligation of the State, Forty thousand eight hundred fifty
five dollars and seventy nine cents ($40,855.79), is derived from a funding source of the State of
Colorado for the purchase of Public Health Nursing and Maternal and Child Health services. Of the
total financial obligation of the State, Zero dollars ($0.001, is derived from a Federal funding source
of the State of Colorado for the purchase of Child Health Screening services. Of the total financial
obligation of the State, Zero Dollars. ($.001, is derived from a funding source of the State of
Colorado for the purchase of Child Health Screening services. The liability of the State, at any time,
for such payments shall be limited to the unencumbered remaining balance of such funds. If there is
a reduction in the total funds appropriated for the purposes of this Contract, then the State, in its sole
discretion, may proportionately reduce the funding for this Contract or terminate this Contract in its
entirety.
2. Reimbursement. Reimbursement under this Contract, and any renewal or extension hereof, shall be
made to the Contractor by the State on a monthly basis. Accordingly, the Contractor shall be paid one
twelfth (1/12) of the State's financial obligation under this Contract each month. The Contractor shall
be reimbursed S4.162.g5 a month for Public Health Nursing, and Maternal Child Health services,
which includes the Health Care Program for Children with Special Needs. If applicable, the
Contractor shall a6o be reimbursed $0.00 a month for child health screening services. The total
monthly reimburse m: nt for all services shall be 1 2.95. The final payment for the initial term of
this Contract, and any rcne%% al or extension hereof, is contingent upon the State's timely receipt of. an
annual statement from the Contractor in the form attached hereto as "Attachment B", which is
incorporated herein by this reference, made a part hereof, and attached hereto, for that contract term;
and, if applicable, a summary of the monthly screening reports from the State's child health screening
manager.
3. Payment Continsen, %- The State shall continue its payments for Public Health Nursing and Maternal
Child Health ser.-i:r:. onl% so long as the Contractor renders acceptable services in a timely manner
as determined by th:- State The Nursing Consultant assigned by the State's Nursing Section shall have
the authority to res ire . report, and periodically evaluate the quality and quantity of the public health
nursing services prov idcd by the Contractor based on the minimum performance standards established
by this Contract. The Contractor shall cooperate with the State in any evaluation conducted by the
State.
4. Performance Deficiencies. If the Contractor, or its agents, do not meet the State's performance criteria,
as stated in this Contract, then a plan for improvement shall be filed with the State's Director of Public
Health Nursing within ninety (90) calendar days of the Contractor's receipt of written notice of
deficiency. The State may suspend future payments for services to the Contractor under this Contract
if the Contractor fails to comply with the improvement plan.
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5. Clianae Order Letter Process. Because of the uncertainty of Federal Grant funding, the State may prospectively
increase or decrease the amount payable under this Contract through a "Change Order Letter", a sample of
which is incorporated herein by this reference, made a part hereof, and attached hereto as "Attachment C".
To be effective, the Change Order Letter must be: signed by the State and the Contractor; and, approved by the
State Controller or an authorized designee thereof. Additionally, the Change Order Letter shall include the
following information:
A. Identification of this Contract by its contract number and affected paragraph number(s);
B. The type(s) of service(s) or program(s) increased or decreased and the new level of each
service or program;
C. The amount of the increase or decrease in the level of funding for each service or program
and the new total financial obligation;
D. The intended effective date of the funding change; and,
E. A provision stating that the Change Order Letter shall not be valid until approved by the State
Controller or such assistant as he may designate.
Upon proper execution and approval, the Change Order Letter shall become an amendment to this
Contract. Except for the General and Special Provisions of this Contract, the Change Order Letter
shall supersede this Contract in the event of a conflict between the two. It is expressly understood and
agreed to by the parties that the change order letter process may be used only for increased or
decreased levels of funding, corresponding adjustments to service or program levels, and any related
budget line items. Any other changes to this Contract, other than those authorized by the contract
renewal letter process described below, shall be made by a formal amendment to this Contract
executed in accordance with the Fiscal Rules of the State of Colorado.
If the Contractor agrees to and accepts the proposed change, then the Contractor shall execute and
return the Change Order Letter to the State by the date indicated in the Change Order Letter. If the
Contractor does not agree to and accept the proposed change, or fails to timely return the partially
executed Change Order Letter by the date indicated in the Change Order Letter, then the State may,
upon written notice to the Contractor, terminate this Contract twenty (20) calendar days after the return
date indicated in the Change Order Letter has passed. Such written notice shall specify the effective
date of termination of this Contract. In the event of termination under this clause, the parties shall not
be relieved of their respective duties and obligations under this Contract until the effective date of
termination has occurred.
Increases or decreases in the level of contractual funding made through this change order letter process
during the initial or renewal terms of this Contract may be made under the following circumstances:
F. If necessary to fully utilize appropriations of the State of Colorado and/or non -appropriated
federal grant awards;
G. Adjustments to reflect current year expenditures;
H. Supplemental appropriations, or non -appropriated federal funding changes resulting in an
increase or decrease in the amounts originally budgeted and available for the purposes of this
Contract;
Closure of programs and/or termination of related contracts;
J. Delay or difficulty in implementing new programs or services; and,
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K. Other special circumstances as deemed appropriate by the State.
G. Renewal Letter Process. The State may renew this Contract through a "Contract Renewal Letter", a
sample of which is incorporated herein by this reference, made a part hereof, and attached hereto as
"Attachment W. To be effective, the Contract Renewal Letter must be: signed by the State and the
Contractor; and, approved by the State Controller or an authorized designee thereof. Additionally, the
Contract Renewal Letter shall include the following information:
A. Identification of this Contract by its contract number and affected paragraph number(s);
The types of services or programs, if any, increased or decreased and the new level of each
service or program for the renewal term;
C. The amount of the increase or decrease, if any, in the level of funding for each service or
program and the new total financial obligation;
D. The intended effective date of the renewal; and,
E. A provision stating that the Contract Renewal Letter shall not be valid until approved by the
State Controller or such assistant as he may designate.
Upon proper execution and approval, the Contract Renewal Letter shall become an amendment to this
Contract. Except for the General and Special Provisions of this Contract, the Contract Renewal Letter
shall supersede this Contract in the event of a conflict between the two. It is expressly understood and
agreed to by the parties that the contract renewal letter process may be used only to: renew this
Contract; increase or decrease levels of funding related to that renewal; make corresponding
adjustments to service or program levels, and, adjust any related budget line items. Any other changes
to this Contract, other than those authorized by the change order letter process described above, shall
be made by a formal amendment to this Contract executed in accordance with the Fiscal Rules of the
State of Colorado.
If the Contractor agrees to and accepts the proposed renewal term, then the Contractor shall execute
and return the Contract Renewal Letter to the State by the date indicated in the Contract Renewal
Letter. If the Contractor does not agree to and accept the proposed renewal term, or fails to timely
return the partially executed Contract Renewal Letter by the date indicated in the Contract Renewal
Letter, then the State may, upon written notice to the Contractor, terminate this Contract twenty (20)
calendar days after the return date indicated in the Contract Renewal Letter has passed. Such written
notice shall specify the effective date of termination of this Contract. In the event of termination under
this clause, the parties shall not be relieved of their respective duties and obligations under this
Contract until the effective date of termination has occurred.
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"VOW �
D. GENERAL PROVISIONS
Tlie parties warrant that each possesses actual, legal authority to enter into this Contract. The parties
further warrant that each has taken all actions required by its applicable law, procedures, rules, or by-
laws to exercise that authority, and to lawfully authorize its undersigned signatory to execute this
Contract and bind that party to its terms. The person or persons signing this Contract, or any
attachments or amendments hereto, also warrant(s) that such person(s) possesses actual, legal authority
to execute this Contract, and any attachments or amendments hereto, on behalf of that party.
Z. THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS .AN
INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE OF THE STATE
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. THE CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED
ENIPLOYVIENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES
PAID PURSUANT TO THIS CONTRACT. THE CONTRACTOR ACKNLOWLEDGES 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. THE CONTRACTOR SHALL HAVE NO
AUTHORIZATION, EXPRESS OR IMPLIED, TO BIND THE STATE TO ANY
AGREEMENTS, LIABILITY. OR UNDERSTANDING EXCEPT AS EXPRESSLY SET
FQRTH HEREIN.
THE 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.
3. If this Contract is in the nature of personal/purchased services, then the State reserves the right to
inspect services provided under this Contract at all reasonable times and places during the term of this
Contract. "Services", as used in this clause, includes services performed or written work performed
in the performance of services. If any of the services do not conform with the terms of this Contract,
then the State may require the Contractor to perform the services again in conformity with the terms
of this Contract, with no additional compensation to the Contractor for the reperformed services.
When defects in the quality or quantity of the services cannot be corrected by reperformance, then the
State may: require the Contractor to take all necessary action(s) to ensure that the future performance
conforms to the terns of the Contract; and, equitably reduce the payments due to the Contractor under
this Contract to reflect. the reduced value of the services performed by the Contractor. These remedies
in no way lirrut the other remedies available to the State as set forth in this Contract.
4. If, through any cause armbutable to the Contractor's action(s) or inaction(s), the Contractor: fails to
fulfill, in a timely and proper manner, its duties and obligations under this Contract; or, violates any
of the agreements. covenants, provisions, stipulations, or terms of this Contract, then the State shall
thereupon have the ncht to terminate this Contract for cause by giving written notice thereof to the
Contractor. Such umtten nonce shall be given at least ten (10) calendar days before the proposed
termination date and shall afford the Contractor the opportunity to cure the default or state why
termination is otherwise inappropriate. If this Contract is terminated for default, then all finished or
unfinished data. documents, drawings, evaluations, hardware, maps, models, negatives, photographs,
reports, software, studies, surveys, or any other material, medium or information, however constituted,
which has been or is to be produced or prepared by the Contractor under this Contract shall, at the
option of the State, become the property of the State. The Contractor shall be entitled to receive just
and equitable compensation for any services or supplies delivered to, and accepted by, the State. If
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applicable, the Contractor shall return any unearned advance payment it received under this Contract
to the State. Notwithstanding the above, the Contractor is not relieved of liability to the State for any
damages sustained by the State because of the Contractor's breach of this Contract. The State may
withhold any payment due to the Contractor under this Contract to mitigate the State's damages until
such time as the exact amount of the State's damages from the Contractor's breach of this Contract
is determined. If, after terminating this Contract for default, it is determined for any reason that the
Contractor was not in default, or that the Contractor's action or inaction was excusable, then such
termination shall be treated as a termination for convenience, and the rights and obligations of the
parties shall be the same as if this Contract had been terminated for convenience, as described herein.
5. The State may, when the interests of the State so require, terminate this Contract in whole or in part,
for the convenience of the State. The State shall give -written notice of such termination to the other
parry specifying the part(s) of the Contract terminated. Such written notice shall be given to the other
party at least thirty (30) calendar days before the effective date of termination. If this Contract is
terminated for convenience, then all finished or unfinished data, documents, drawings, evaluations,
hardware, maps, models, negatives, photographs, reports, software, studies, surveys, or any other
material, medium or information, however constituted, which has been or is to be produced or
prepared by the Contractor under this Contract shall, at the option of the State, become the property
of the State. The Contractor shall be entitled to receive just and equitable compensation for any
services or supplies delivered to, and accepted by, the State. If applicable, the Contractor shall return
any unearned advance payment it received under this Contract to the State. This paragraph in no way
implies that a party has breached this Contract by the exercise of this paragraph. If this Contract is
terminated by the State as provided for herein, then the Contractor shall be paid an amount equal to
the percentage of services actually performed for, or goods actually delivered to, the State, less any
payments already made by the State to the Contractor for those services or goods. However, if less
than sixty percent (60%) of the services or goods covered by this Contract have been performed or
delivered as of the effective date of termination, then the Contractor shall also be reimbursed (in
addition to the above payment) for that portion of those actual "out of -pocket" expenses (not otherwise
reimbursed under this Contract) incurred by the Contractor during the term of this Contract which are
directly attributable to the uncompleted portion of the services, or the undelivered portion of the
goods, covered by this Contract. In no event shall reimbursement under this clause exceed the total
financial obligation of the State to the Contractor under this Contract. If this Contract is terminated
for default because of the Contractor's breach of this Contract, then the provisions of paragraph 4
above shall apply.
6. If this Contract involves federal funds, or compliance is otherwise federally mandated, then the
Contractor shall comply with the requirements of the following:
A. Office of Management and Budget Circulars A-87, A-21, or A-122, and A-102 or A-110, as
applicable;
B. the "Hatch Act" (5 U.S.C. 1501-1508) and Public Law 95454, Section 4728. These federal
statutes declare 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 Iocality 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 mandate 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;
Page 11 of 19
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 an interest in real property and displacing households or
businesses in the performance of this Contract, then 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).
H. Section 2101 of the Federal Acquisition Streamlining Act of 1994, Public Law 103-355,
which prohibits the use of federal money to lobby the legislative body of a political
subdivision of the State.
7. If this Contract involves federal funds, or compliance is otherwise federally mandated, then by signing
and submitting this Contract, the Contractor affirmatively avers 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.); and,
B. the Contractor hereby certifies that it is not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from covered transactions by any
federal department or agency. The Contractor agrees to comply with all applicable
regulations pursuant to Executive Order 12549, including, Debarment and Suspension and
Participants' Responsibilities, 29 C.F.R. 98.510 (1990).
C. the Contractor agrees to comply with all applicable regulations pursuant to Section 319 of
Public Law 101-121, Guidance for New Restrictions on Lobbying, including, Certification
and Disclosure, 29 C.F.R. 93.110 (1990).
8. If this Contract involves the expenditure of federal or state funds, then this Contract is subject to, and
contingent upon, the continued availability of those funds for payment pursuant to the terms of this
Contract. If those funds, or any part thereof, become unavailable as determined by the State, then the
State may immediately terminate this Contract.
9. To be considered for payment, billings for payments pursuant to this Contract must be received within
a reasonable time after the period for which payment is requested; but in no event no later than ninety
(90) calendar days after the relevant performance period has passed. Final billings under this Contract
must be received by the State within a reasonable time after the expiration or termination of this
Contract; but in no event no later than ninety (90) calendar days from the effective expiration or
termination date of this Contract.
10. Unless otherwise provided for in this Contract, "Local Match" shall be included on all billing
statements, in the column provided therefor, as required by the funding source.
11. The Contractor shall not use federal funds to satisfy federal cost sharing and matching requirements
unless approved in writing by the appropriate federal agency.
Page 12 of 19
12. In accordance with Office of Management and Budget (OMB) Circular A-133 (Audits of States. Local
Governments, and Von -Profit Organizations), if the Contractor receives federal funds from any source,
including State pass through money, in an aggregate amount in excess of $300,000.00 (June 24.
1997), in a State fiscal year (July 1 through June 30), then the Contractor shall have an annual audit
performed by an independent certified public accountant which meets the requirements of OMB
Circular A-133. If the Contractor is required to submit an annual indirect cost proposal to the State
for review and approval, then the Contractor's auditor shall audit the proposal in accordance with the
requirements of OMB Circulars A-21 (Cost Principles for Educational Institutions), A-87 (Cost
Principles for State, Local and Tribal Governments), or A-122 (Cost Principles for Non -Profit
Organizations), whichever is applicable. The Contractor shall furnish one (1) copy of the audit
report(s) to the State's Accounting Office within thirty (30) calendar days of issuance; but in no event
later than nine (9) months after the end of the Contractor's fiscal year. If (an) instance(s) of
noncompliance with federal laws and regulations occurs, then the Contractor shall take all appropriate
corrective action(s) within six (6) months of the issuance of (a) report(s).
13. The Contractor shall grant to the State, or its authorized agents, access to the Contractor's relevant
records and financial statements. The Contractor shall retain all such records and financial statements
for a period of six (6) years after the date of issuance of a final audit report. This requirement is in
addition to any other audit requirements contained in other paragraphs of this Contract.
14. Unless otherwise provided for in this Contract, for all contracts with terms longer than three (3)
months, the Contractor shall submit a written progress report, if required by this Contract, specifying
the progress made for each activity identified in this Contract. These progress reports shall be in
accordance with the procedures developed and prescribed by the State. The preparation of progress
reports in a timely manner is the responsibility of the Contractor. If the Contractor fails to comply
with this provision, then such failure: may result in a delay of payment of funds; or, termination of this
Contract. Progress reports shall be submitted to the State no later than the end of each calendar
quarter, or at such other time as may otherwise be specified.
The Contractor shall maintain a complete file of all records, documents, communications, and other
materials which pertain to this Contract. Such materials 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 records of the
Contractor. Copies of all such records, documents, communications, and other materials shall be the
property of the State and shall be maintained by the Contractor, in a central location as custodian for
the State, on behalf of the State, for a period of six (6) years from the date of final payment under this
Contract, or for such further period as may be necessary to resolve any pending matters, including, but
not limited to, audits performed by the federal government.
16. The Contractor authorizes the State, or its authorized agents or designees, to perform audits or make
inspections of its records for the purpose of evaluating its performance under this Contract at any
reasonable time during the term of this Contract and for a period of three (3) years following the
termination of this Contract. As such, the Contractor shall permit the State, any appropriate federal
agency or agencies, or any other duly authorized governmental agent or agency, to monitor all
activities conducted by the Contractor pursuant to the terms of this Contract. Such monitoring may
include, but is not limited to: internal evaluation procedures, examination of prograni data, special
analyses, on -site checks, formal audit examinations, or any other reasonable procedures. All
monitoring shall be performed by the State in such a manner that it shall not unduly interfere with the
work of the Contractor.
17. If the Contractor obtains access to any records, files, or information of the State in connection with,
or during the performance of, this Contract, then the Contractor shall keep all such records, files, or
information confidential and shall comply with all laws and regulations concerning the confidentiality
Page 13 of 19
of all such records, files, or information to the same extent as such laws and regulations apply to the
State. Any breach of confidentiality by the Contractor or third party agents of the Contractor shall
constitute good cause for the State to cancel this Contract, without liability to the State. Any State
waiver of an alleged breach of confidentiality by the Contractor, or third- party agents of the
Contractor, does not constitute a waiver of any subsequent breach by the Contractor, or third party
agents of the Contractor.
13. Unless otherwise agreed to in this Contract, or in a written amendment executed and approved
pursuant to Fiscal Rules of the State of Colorado, the parties agree that all material, information, data,
computer software, documentation, studies, and evaluations produced in the performance of this
Contract for which the State has made a payment under this Contract are the sole property of the State.
19. If any copyrightable material is produced under this Contract, then the State, and any applicable
federal funding entity, shall have a paid in full, irrevocable, royalty free, and non-exclusive license to
reproduce, publish, or otherwise use, and authorize others to use, the copyrightable material for any
purpose authorized by the Copyright Law of the United States as now or hereinafter enacted. Upon
the written request of the Contractor shall provide the State with three (3) copies of all such
copyrightable material.
20. If required by the teens and conditions of a federal or state grant, the Contractor shall obtain the prior
approval of the State and all necessary third parties prior to publishing any materials produced under
this Contract. If required by the terms and conditions of a federal or state grant, the Contractor shall
also credit the State and all necessary third parties with assisting in the publication of any materials
produced under this Contract.
21. Neither the Contractor nor the State shall be liable to the other for any delay in, or failure of
performance of, any covenant or promise contained in this Contract; nor shall any delay or failure
constitute default or give rise to any liability for damages if, and only to the extent that, such delay or
failure is caused by a supervening cause. As used in this Contract, "supervening cause" is defined to
mean: an act of God, fire, explosion, action of the elements, strike, interruption of transportation,
rationing, court action, illegality, unusually severe weather, war, or any other cause which is beyond
the control of the affected party and which, by the exercise of reasonable diligence, could not have
been prevented by the affected party.
22. It is expressly understood and agreed to between the parties that the enforcement of the terms and
conditions of this Contract, and all rights of action related to such enforcement, shall be strictly
reserved to the State and the named Contractor. Nothing contained in this Contract shall give or allow
any claim or right of action whatsoever to or by any third person. Nothing contained in this Contract
shall be construed as a waiver of any provision of the Colorado Governmental Immunity Act, section
24-10-101 et Mg, C.R.S., as amended. It is the express intent of the State and the named Contractor
that any person or entity, other than the State or the named Contractor, receiving services or benefits
under this Contract shall be deemed an incidental beneficiary only.
23. To the extent that this Contract may be executed and performance of the obligations of the parties may
be accomplished within the intent of this Contract, the terms of this Contract are severable. If any term
or provision of this Contract is declared invalid by a court of competent jurisdiction, or becomes
inoperative for any other reason, then such invalidity or failure shall not affect the validity of any other
term or provision of this Contract.
24. The waiver of a breach of a tern or provision of this Contract shall not be construed as a waiver of
a breach of any other term or provision of this Contract or, as a waiver of a breach of the same term
or provision upon subsequent breach.
Page 14 of 19
25. If this Contract is in the nature of personal/purchased services, then, except for accounts receivable,
the rights, duties, and obligations of the Contractor cannot be assigned, delegated, ' or otherwise
transferred, except with the prior, express, written consent of the State.
26. Except as otherwise provided for herein, this Contract shall inure to the benefit of, and be binding
upon, the parties hereto and their respective successors and assigns.
27. Unless otherwise provided for in this Contract, the Contractor shall notify the State, within five (5)
working days after being served with a summons, complaint, or other pleading in a case which
involves any services provided under this Contract and which has been filed in any federal or state
court or administrative agency. The Contractor shall immediately deliver copies of any such
documents to the State.
28. This Contract is subject to such modifications as may be required by changes in applicable federal or
state law, or federal or state implementing rules, regulations, or procedures of that federal or state law.
Any such required modification shall be automatically incorporated into, and be made a part of, this
Contract as of the effective date of such change as if that change was fully set forth herein. Except as
provided above, no modification of this Contract shall be effective unless such modification is agreed
to in writing by both parties in an amendment to this Contract that has been previously executed and
approved in accordance with applicable law. _
29. Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and
conditions of this Contract, and the exhibits and attachments hereto, which may require continued
performance or compliance beyond the termination date of this Contract shall survive such termination
date and shall be enforceable as provided herein in the event of a failure to perform or comply by a
party to this Contract.
30. Notwithstanding any other provision of this Contract 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, protections, or other provisions of the Colorado Governmental Immunity Act (CGIA),
section 24-10-101, et seg., C.R.S., as now or hereafter amended. The parties understand and agree
that liability for claims for injuries to persons or property arising out of the alleged negligence of the
State of Colorado, its departments, institutions, agencies, boards; officials, and employees is controlled
and limited by the provisions of section 24-10-101 et sue, C.R.S., as now or hereafter amended.
31. The captions and headings used in this Contract are for identification only, and shall be disregarded
in any construction of the terms, provisions, and conditions of this Contract.
32. The parties hereto agree that venue for any action related to this Contract shall be in the City and
County of Denver, Colorado.
33. All attachments to this Contract are incorporated herein by this reference and made a part hereof as
if fully set forth herein. In the event of any conflict or inconsistency between the terms of this Contract
and those of any attachment to this Contract, the terms and conditions of this Contract shall control.
34. This Contract is 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 Fiscal Rules of the State of Colorado.
Page 15 of 19
E. SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
l . 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, provender 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.
DISCM31INATION AND AFFIRMATIVE ACTION
5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of
1957, as amended, and other applicable law respecting discrimination and unfair employment practices (CRS
24-34-402), and as required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16,
1975. Pursuant thereto, the following provisions shall be contained in all State contracts or sub -contracts.
During the performance of this contract, the contractor agrees as follows:
(a) The contractor will not discriminate against any employee or applicant for employment because of
race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age.
The contractor will take affumative 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
advertisements; 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
Page 16 of 19
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 rules, regulations and orders.
(e) A labor organization will not exclude any individual otherwise qualified from full membership rights
in such labor organization, or expel any such individual from membership in such labor organization or
discriminate against any of its members in the full enjoyment of work opportunity because of race, creed, color,
sex, national origin, or ancestry.
(f) A labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce
the doing of any act defined in this contract to be discriminatory or obstruct or prevent any person from
complying with the provisions of this contract or any order issued thereunder; or attempt, either directly or
indirectly, to commit any act defined in this contract to be discriminatory.
(g) In the event of the contractoes 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 finther State contracts in accordance with
procedures, authorized in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975 and
the rules, regulations, or orders promulgated in accordance therewith, and such other sanctions as may be
imposed and remedies as may be invoked as provided in Executive Order, Equal Opportunity and Affirmative
Action of April 16, 1975, or by rules, regulations, or orders promulgated in accordance therewith, or as
otherwise provided by law.
(h) The contractor will include the provisions of paragraphs (a) through (h) in every sub -contract and
subcontractor purchase order unless exempted by rules, regulations, or orders issued pursuant to Executive
Order, Equal Opportunity and Affirmative Action of April 16, 1975, so that such provisions will be binding
upon each subcontractor or vendor. The contractor will take such action with respect to any 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.
Page 17 of 19
b. VV'hen 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 8-19-101 and 102).
GEINEPUL
?. 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 of child support arrearages;
(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.
11. The signatories aver that to their knowledge, no state employee has any personal or beneficial interest
whatsoever in the service or property described herein.
Page 18 of 19
IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day first above written.
Contractor: Board of County Commissioners,
(Full Le Name Eagle County
By:
Pos on (Title)
STATE OF COLORADO
Bill Owens, Governor
846000762L
Social Security Number or Federal I.D. Number Department of
PUBLIC HEALTH AND ENVIRONMENT
If Corporation, Town/City/County, iya t . •�
oz-
PROGRAM APPROVAL• �`
Attest (Affix Seal)
�r LaP 1►90
By:
C /County Clerk
APPROVALS:
DEPARTMENT OF LAW
OFFICE OF THE ATTORNEY GENERAL
Ken Salazar, Attorne G e a
Attorne General
By: s E. Martin eral
Assistant
State Services Section
DEPARTMENT OF PERSONNEL
Oy :STATE CONTROLLER
Cl IN roller
.AR R L.13ARNHART
BY: A14441jopm
By
Page 19 of 19
ATWHRENT "A1,
CO1E PUBLIC HEALTH-SERVIC
DELIVERED BY MCH ES
AGENCIES
F I DIRECT
HEALTH CARE
SERVICES:
(GAP FILLING)
/Examples:
-Basic Health Services,
and Health Services for CS
ENABLING SERVICES:
/ Examples:
Transportation, Translation, Outreach,
Respite Care, Health Education, Family
Support Services, Purchase of Health Insurance,
Case Management, Coordination with Medicaid,
WIC, and Education
POPULATION•BASED SERVICES:
Examples:
Newborn Screening, Lead Screening, Immunization,
Sudden Infant Death Syndrome Counseling, Oral Health,
4JUlY Prevention, Nutrition
and Outreach/Public Education
INFRASTRUCTURE BUILDING SERVICES:
Examples:
Needs Assessment, Evaluation, Planning, Policy Development,
Coordination, Qetality Assurance, Standards Development, Monitoring
Training, Applied Research, Systems of Care, and Information Systems
MCHBrosCH W20/97
Colorado Department of Public Health and Environment
Public Health Nursing
Yearly Contract Reimbursement Statement
To: Public Health Nursing FCHSD-CNS-A4 From:
4300 Cherry Creek Drive South
Denver, CO 80246
Tax ID#
This is to certify that contract services have been provided per
Contract FAA CNS in Fiscal Year 2000.
SIGNATURE
(CONTRACTOR)
DATE
Attachment "B"
I hereby certify that all contract requirements have been met and payment of $
for contract services for Fiscal Year 2000 is authorized.
Program Director or Authorized Designee
cdphe cns4/99
3
6
STATE OF'tOLORADO
Bill Owens, Gavemor llft�
Jane E. Norton, Executive Director ,p•
Dedkated to protecting and improving the health and enviranment of the people of Cokvado
4300 Cherry Creek Dr. S. Laboratory and Radiation Services Division
Denver, Colorado 80246.1530 8100 Lawry Blvd.
Phone 003) 692-2000 Denver CO 80220-6928
Located In Glendale, Colorado 003) 692 3090 Colotnd0
http:1Avww-cdphestate.co.us ent
of Public ealth
and Environment
[Date] Sample Contract Change Order Letter Attachment C
State Fiscal Year 20** - **, Contract Change Order Letter Number **- Contract Routing Number
Pursuant to paragraph ** of the contract with contract routing number **-*_***_* and contract encumbrance number
(as amended by Contract Renewal Letter** number**-***** * * _, contract routing number .�v and/or Contract Change Order
Letter_, contract routing number * *_* * * * *_ if any), hereinafter referred to as the "Original Contract" (a copy of which is
attached hereto and by this reference incorporated herein and made a part hereof) between the State of Colorado, Dsp—artment o
Public Health and En!dMnment and Contractor's laaI Name, for the term from ********* **, ****_ rough *********
the Parties agree that the maximum amount payable by the State for the eligible services referenced in paragraph ** of
the Original Contract is increased/decreased by dollar amount DOLLARS * ** for anew total financial obligationof the
State of -dollar amount -DOLLARS,* **
($. The revised work plan, which is attached hereto as "Attachment 1", and the
revised budget, which is attached hereto as "Attachment 2", are incorporated herein by this reference and made a part hereof.
The first sentence in paragraph!* of the Original Contract is hereby modified accordingly. All other terms and conditions of the
Original Contract are hereby reamed. This amendment to the Original Contract is intended to be effective as of *********
** ****. However, inno event mall this amendment be deemed valid until it shall have-beenapp owed by the State
or such�ssistant as h Cqntroller
, dest mate.
Please sign, date, and return all ** originals of this Contract Change Order Letter by ********* **- ****_ to the attention of:
************ ************ Colorado Department of Public Health and Environment, 4300 Cherry Creek Drive
South, Denver, Colorado 802469 Mail Code: ***; *-**, One original of this Contract Renewal Letter will be returned to you
when fully approved
_C—ontractor's Legal Name
(legal type of entity)
By:
Print Name:
Title:
FEIN.-
CONTROLLER:
By:
Arthur L. Barnhart
APPROVALS:
STATE OF COLORADO
Bill Owens, Governor
By:
For the Executive Director
DEPARTMENT OF PUBLIC HEALTH
AND ENVIRON EW
PROGRAM:
By:
STATE OF L'*DLORY00
Bill Owens, Governor
Jane E. Norton, Executive Director
Dedkated to protecting and tmpnNing the health and environment of the people of Colorado K
4300 Cherry Creek Dr. S. Laboratory and Radiation Services Division
Denver, Colorado 802464M 8100 LowryBlvd. r$zs +c
Phone (303) 692-2000 Denver CO 80220-6928
Located in Glendale, Colorado (303) 692-3090 Colorado EkVa=ent
h . www cd he.staw co.us of Public
Health
�� p and Environment
[Date] Sample Contract Renewal Letter Attachment D
State Fiscal Year 20 * * - "I Contract Renewal Letter Number * *. Contract Routing Number * *-* * * * *
Pursuant to paragraph ** of the contract with contract routing number **-** *** and contract encumbrance number
***********_ (as amended by Contract Change Order Letter **. contract routing number**-***** and/or Contract Renewal
Letter** contract routing number**-***** if any), hereinafter referred to as the "Original Contract" (a copy of which is
attached hereto and by this reference incorporated herein and made a part hereof) between the State of Colorado, pepartment of
Public Health and -Environment and Contractor's Legal Name. for the renewal term from ********* **. ****_ through
the parties agree that the maximum amount payable by the State for the eligible services referenced in
paragraph ** of the Original Contract is increased/decreased by dollar ainount DOLLARS_ *.** for a new total financial
obligation of the State of dollar amount DOLLARS. * ** . The revised work plan, which is attached hereto as "Attachment
I", and the revised budget, which is attached hereto as "Attachment 2", are incorporated herein by this reference and made a
part hereof The first sentence in paragraph ** of the Original Contract is hereby modified accordingly. All other terms and
conditions of the Original Contract are hereby reaffirmed. This amendment to the Original Contract is intended to be effective as
Of ********* **. ****. However, in no m t-shall this amendment be deemed valid until it shall have been approved by the
State Controller or such assistant as he madesignate.
Please sign, date, and return all ** originals of this Contract Renewal Letter by ********* **. ****_ to the attention of:
Colorado Department of Public Health and Environment, 4300 Cherry Creek Drive
South, Denver, Colorado 80246, Mai[ Code: **� *-**. One original of this Contract Renewal Letter will be returned to you
when fully approved
Contractor's Legal Name
(legal type of entity)
By:
Print Name:
Title:
FEIN:
CONTROLLER:
By:
Arthur L. Barnhart
APPROVALS:
STATE OF COLORADO
Bill Owens, Governor
By:
For the Executive Director
DEPARTMENT OF PUBLIC HEALTH
AND ENVIRONMENT
PROGRAM:
By:
