HomeMy WebLinkAbout20111106.tiff MEMORANDUM
1 8 6 1 - 201111
/=a DATE: July 14, 2011
WELD€ O U N T Y TO: Barbara Kirkmeyer, Chair, Board of County Commissi ners
UFROM: Judy A. Griego, Director, Human Se i es p e
RE: Purchase of Services Agreements between the Weld County
Department of Human Services and Various Providers
Enclosed for Board approval are Purchase of Services Agreements between the Department and
Various Providers. These Agreements are funded through the Older Americans Act fund and/or
the Older Coloradoan funds. The following Providers were presented at the Board's May 11,
2011, Work Session and approved through the Board's Formal Bid Process on May 25, 2011,
with the requirement of completing annual Purchase of Service Agreements.
Below are the major provisions of the attached Agreements:
Units of Service/
No. Provider/Term Program Area Contract Amount
1 Catholic Charities and Outreach Services for 100 1300 Units
Community Services of the Hispanic older adults
Archdiocese of Denver
Educational outreach 12 Units
July 1, 2011 —June 30, 2012 services for 300 Hispanic
older adults Max. $37,225.00
2 Charles J. Connell, Legal Services 230
Attorney at Law
Max. $7,500.00
July 1, 2011 - June 30, 2012
3 Eldergarden Adult Day Services for 15 3,946 Hours
Frail Seniors
July 1, 2011 - June 30, 2012 Max. $55,250.00
4 Meals on Wheels Home Delivered Meals for 12,861 Meals
100 Homebound Seniors
July 1, 2011 - June 30, 2012 Max. $51,447.00
5 North Range Behavioral Health Peer Counseling Services 2,535 Contact Units
to 120 Seniors
July I, 2011 - June 30, 2012 Max. $49,930.00
6 Rehabilitation and Visiting Nurse Home Health Care for 52 2,626
Association Seniors not qualifying for
C b� home health care services Max. $62,972.00
July 1, 2011 - June 30, 2012 through any other third
9- ii-92;1/ party reimbursement tf-,earrcg
vn 6 If you have any questions, give me a call at extension 6510. 2011-1106
tO
Suss Cc- N S O
1 I� II 1- DO- II
PURCHASE OF SERVICE AGREEMENT
et
THIS AGREEMENT, made and entered into this 1" day of July 2011 by and between the County of Weld, State of ^
Colorado,by and through the Board of County Commissioners of Weld County, on behalf of the Weld County
Department of Human Services' Area Agency on Aging, hereinafter referred to as "AAA" and Catholic Charities
and Community Services of the Archdiocese Denver Weld Regional Office, hereinafter referred to as"CCD-W".
W ITNESSETH:
WHEREAS, "AAA"develops and administers the Area Plan for a comprehensive and coordinated system of
services, and
WHEREAS, "AAA"serves as the advocate and focal point for older persons with the greatest economic and social
need, and
WHEREAS, "Catholic Charities and Community Services of the Archdiocese Denver Weld Regional Office is a
private, non-profit organization existing for the purpose of providing outreach services to low-income and minority
residents of Weld County, and
WHEREAS, "AAA" desires to purchase outreach services for low-income minority seniors from"CCD-W,"
NOW THEREFORE, it is mutually agreed:
I. "CCD-W" agrees to provide 1300 units of direct one on outreach services to 100 Hispanic seniors with a
goal of reaching 100 rural seniors, 32 low income elders and 32 disabled seniors. The primary target for
outreach services will be Hispanic seniors who are isolated, rural, low income and disabled. A minimum of
75%of the unduplicated seniors projected to be served must newly identified clients who have not been
served by this contract in the past.
"CCD-W" agrees to providel2 units of group educational programs to 300 Hispanic seniors. The primary
target for these outreach services will be Hispanic seniors who are isolated, rural, low income and/or
disabled.
2. The"AAA" hereby agrees to award grant monies (Older Americans Act and Older Coloradoan Funds) in
the sum of 537,225 to"CCD-W." "CCD-W" agrees to provide 3.946 units of adult day care to IS seniors
with a goal of reaching_3 rural seniors, 3 minority seniors and 15 disabled/frail seniors.
3. "CCD-W" agrees to commence services with thirty (30) days after the signing of the Agreement and assure
completion of all services required hereunder by June 30, 2012.
4. "CCD-W" agrees to document and report any project income received as a result of services provided
under the Agreement.
5. "CCD-W" agrees to include the following statement in any written materials (pamphlets, brochures,
announcements, etc.) or in any verbal presentations: "CCD-W"is supported, in pan by funds provided by
the Weld County Area agency on aging through the Older Americans Act."
6. "CCD-W" understands that"AAA" is required to conduct periodic evaluations of the activities conducted
under this Agreement and to monitor on an ongoing basis the performance of"Catholic Charities and
Community Services of the Archdiocese Denver Weld Regional Office"to insure that the funds made
available by the Agreement are expended in keeping with the purposes for which they were awarded; and
"Catholic Charities and Community Services of the Archdiocese Denver Weld Regional Office"
accordingly agrees to cooperate fully with the"AAA" in the conduct of such evaluation and monitoring,
including the keeping and supplying of such information,and providing access to documents and records to
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the"AAA" for the purpose of audit: and further agrees to do all things necessary to enable"AAA"to fulfill
its obligation to the State of Colorado and the United States Government.
7. Any changes, including any increase or decrease in the amount of"CCD-Ws" compensation, and
including changes in budget allocations which are mutually agreed upon by and between the"AAA" and
"CCD-W", shall be incorporated in written amendments to this Agreement and in appropriate revisions to
the grant proposal.
8. "CCD-W"understands and agrees that the following provisions are part of the official application and as
such become binding upon commencement of the project:
a. This Agreement and the provisions of services hereunder shall be subject to the laws of Colorado
and be in accordance with the policies, procedures, and practices of the County,the Older
Americans Act,the policies and procedures established by the State Unit on Aging, and the terms
and conditions of the project application approved by"AAA".
b. Understands that if there is Federal/State program income uneamed at the time the project is
terminated, this amount must be returned to the"AAA" unless the"AAA" otherwise stipulates.
c. Understands that the project's fiscal affairs are subject to audit. If costs are disallowed, the
proportion of Federal/State funds disallowed must be returned to the"AAA".
d. Understands that this award is made for the period amounts stated in this Agreement. This
Agreement in no way implies further funding which is contingent upon the availability of funds
and approval of future project applications.
e. Agrees to keep records and make reports on the forms required by the"AAA" and in accordance
with guidelines issued by the State of Colorado and the Administration on Aging, specifically,
i. To submit monthly financial and programmatic reports to the"AAA"by the 10th of the
following month;
H. To submit a final financial report within 45 days after the end of the project year;
iii. To submit other reports to the"AAA" as requested;
iv. Maintain a computer system that will be able to manage all required "AAA" reporting
software;
v. Maintain intemet access in order to transfer all required data to the"AAA".
E Agrees to advise the"AAA" of needed program and financial changes and await approval from
the"AAA"prior to change implementation.
g. Agrees to have policies and procedures for complaint/appeal tracking,timely disposition of
complaints/appeals and documentation of such processes.
h. Agrees to have a client grievance policy, which will address any alleged infractions of any federal
state or local laws by -CCD-W" against recipients of or applicants for services.
i. Agrees to have a policy and procedure for wait lists that meets the requirements set forth by the
"AAA".
j. Agrees to provide recipients receiving services the opportunity to contribute to all or part of the
cost of the services received. Each recipient shall be given the opportunity to determine if they are
able to contribute to all or pan of the cost of services. No recipient shall be denied a service
because of a failure to contribute to all or part of the cost of the service. All contributions shall be
considered program income. All contributions shall be used to expand the services for which the
contributions were given.
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k. Agrees that local cash or in-kind contributions have not been used to satisfy or match another
federal grant or funds. Supplies, volunteer services, and other in-kind contributions shall be
valued as described under 45 C.F.R. 874.5. All matching contributions, including cash and in-
kind shall be verifiable from agency records.
9. Additional Work. In the event the County shall require changes in the scope, character, or complexity of
the work to be performed,and said changes cause an increase or decrease in the time required or the costs
to the Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated
between the parties and this Agreement shall be modified accordingly by a supplemental Agreement. Any
claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any
work covered in the anticipated supplemental Agreement. Any change in work made without such prior
supplemental Agreement shall be deemed covered in the compensation and time provisions of this
Agreement.
10. Independent Contractor. Contractor agrees that Contractor is an independent contractor and that neither
Contractor nor Contractor's agents or employees are, or shall be deemed to be, agents or employees of the
County for any purpose. Contractor shall have no authorization,express or implied,to bind the County to
any agreement, liability, or understanding. The parties agree that Contractor will not become an employee
of County, nor is Contractor entitled to any employee benefits from County as a result of the execution of
this Agreement.
11. Warranty. Contractor warrants that services performed under this Agreement will be performed in a
manner consistent with the professional standards governing such services and the provisions of this
Agreement.
12. Reports County Property. All reports,test results and all other tangible materials produced in
connection with the performance of this Agreement. whether or not such materials are in completed form,
shall at all times be considered the property of the County. Contractor shall not make use of such material
for purposes other than in connection with this Agreement without prior written approval of County.
13. Acceptance of Product not a Waiver. Upon completion of the work,Contractor shall submit to County
originals of all test results, reports, etc., generated during completion of this work. Acceptance by County
of reports and incidental material furnished under this Agreement shall not in any way relieve Contractor of
responsibility for the quality and accuracy of the work. Acceptance by the County of, or payment for, any
services performed under this Agreement shall not be construed as a waiver of any of the County's rights
under this Agreement or under the law generally.
14. Insurance and Indemnification. Contractor shall defend and indemnify County, its officers and agents,
from and against loss or liability arising from Contractor's acts, errors or omissions in seeking to perform
its obligations under this Agreement. Contractor shall provide necessary workers' compensation insurance
at Contractor's own cost and expense.
15. Termination. Either party may terminate this Agreement at any time by providing the other party with a
30 day written notice thereof Furthermore, this Agreement may be terminated at any time without notice
upon a material breach of the terms of the Agreement. In the event of an early termination.. Contractor shall
be paid for work performed up to the time of notice and County shall be entitled the use of all material
generated pursuant to this Agreement.
16. Non-Assignment. Contractor may not assign or transfer this Agreement, any interest therein or claim there
under, without the prior written approval of County.
17. Access to Records. County shall have access to Contractor's financial records as they relate to this
Agreement for purposes of audit. Such records shall be complete and available for audit 90 days after final
payment hereunder and shall be retained and available for audit purposes for at least five years after final
3
payment hereunder.
18. Time of Essence. Time is of the essence in each and all of the provisions of this Agreement.
19. Interruptions.Neither party to this Agreement shall be liable to the other for delays in delivery or failure
to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any
cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood,
earthquakes or Governmental actions.
20. Notices. Any notice required to be given under this Agreement shall be in writing and shall be mailed or
delivered to the other party at that party's address as stated above.
21. Compliance. This Agreement and the provision of services hereunder shall be subject to the laws of
Colorado and be in accordance with the policies, procedures, and practices of County.
22. Non-Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other
contractors or persons to perform services of the same or similar nature.
23. Certification. Contractor certifies that Contractor is not an illegal immigrant, and further,Contractor
represents, warrants, and agrees that it has verified that Contractor does not employ any illegal aliens. If it
is discovered that Contractor is an illegal immigrant, employs illegal aliens or subcontracts with illegal
aliens, County can terminate this Agreement and Contractor may be held liable for damages.
24. Entire Agreement/Modifications. This Agreement contains the entire agreement between the parties with
respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiation.
representation, and understanding or agreements with respect to the subject matter contained in this
Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both
parties.
25. Funding Contingency. No portion of this Agreement shall be deemed to create an obligation on the part
of County to expend funds not otherwise appropriated or budgeted for.
26. No Conflict. No employee of Contractor nor any member of Contractor's family shall serve on a County
Board, committee or hold any such position which either by rule, practice or action nominates,
recommends, supervises Contractor's operations. or authorizes funding to Contractor.
27. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable, this Agreement shall be construed and enforced without such provision, to the extent that
this Agreement is then capable of execution within the original intent of the parties.
28. Governmental Immunity. No portion of this Agreement shall be deemed to constitute a waiver of any
immunity the parties or their officers or employees may possess.
29. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and
conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved
to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action
whatsoever by any other person not included in this Agreement. It is the express intention of the
undersigned parties that any entity other than the undersigned parties receiving services or benefits under
this Agreement shall be an incidental beneficiary only.
30. PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101. [Not Applicable to agreements relating to
the offer, issuance, or sale of securities, investment advisory services or fund management services,
sponsored projects, intergovernmental agreements. or information technology services or products and
services] Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an
illegal alien who will perform work under this contract and will confirm the employment eligibility of all
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employees who are newly hired for employment in the United States to perform work under this contract.
through participation in the E-Verify Program or the Department program established pursuant to CRS §8-
17.5-102(5)(c), Contractor shall not knowingly employ or contract with an illegal alien to perform work
under this contract or enter into a contract with a subcontractor that fails to certify to Contractor that the
subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this
contract. Contractor(a) shall not use E-Verify Program or Department program procedures to undertake
pre-employment screening of job applicants while this contract is being performed, (b) shall notify the
subcontractor and the contracting State agency within three days if Contractor has actual knowledge that a
subcontractor is employing or contracting with an illegal alien for work under this contract, (c) shall
terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien
within three days of receiving,the notice, and (d) shall comply with reasonable requests made in the course
of an investigation, undertaken pursuant to CRS §8-17.5-102(5), by the Colorado Department of Labor and
Employment. If Contractor participates in the Department program,Contractor shall deliver to the
contracting State agency, Institution of Higher Education or political subdivision a written notarized
affirmation, affirming that Contractor has examined the legal work status of such employee, and shall
comply with all of the other requirements of the Department program. If Contractor fails to comply with
any requirement of this provision or CRS §8-17.5-101 et seq., the contracting State agency, institution of
higher education or political subdivision may terminate this contract for breach and, if so terminated.
Contractor shall be liable for damages.
31. The term of this Agreement shall be from July 1, 2011 through June 30, 2012.
32. This Agreement may be terminated up thirty (30) days written notice by either party. This Agreement shall
be terminated immediately in the event of loss of funding to the AAA.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day first written above.
BOARD OF COUNTY COMMISSIONERS CATHOLIC CHARITIES AND COMMUNITY
WELD COUNTY, COL RADO
SERVICES OF THE ARCHDIOCES DENVER
�M� i� ,-
</
WELD REGIONAL FFICE
iy,'Tiarbara Kirkmeyer, hair 0t. 18 2011orks.w.„` By:
, Stephen J. Carattini, Chief Operating Officer
ATTEST: .t► ,�
�.�. ttle: Ch;et. D e2.arl47 �� cifinaqr
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Weld County Clerk to th- :'ward/
leff
BY: L j' / ti J►j -%•4h lU' ►`t \00
le Date: lopy/at,
Deputy Clerk t. e Board
WELD COUNTY DEPARTMENT OF HUMAN
SERVI ES
y A. Gri go, Dire t r
5
WELD UNTY AGENCY ON AGING
c �
Eva M. Jewell iv sion Head
•
PURCHASE OF SERVICE AGREEMENT
^
o. 74
THIS AGREEMENT,made and entered into this I°day of July 2011 by and between the County of Weld, State of
Colorado,by and through the Board of County Commissioners of Weld County,on behalf of the Weld County
Department of Human Services'Area Agency on Aging,hereinafter referred to as "AAA"and Charles J. Connell,
Attorney at,hereinafter referred to as"Connell".
WITNESSETH:
WHEREAS, "AAA"develops and administers the Area Plan for a comprehensive and coordinated system of
services,and
WHEREAS,"AAA"serves as the advocate and focal point for older persons with the greatest economic and social
need,and
WHEREAS,"AAA""provides legal assistance to older persons through the Senior Citizens Law Project and
employs a legal assistant to coordinate the Project,and
WHEREAS,by the laws of the State of Colorado,the"AAA"must employ licensed attorney authorized to practice
law in the state of Colorado so that the"AAA"Legal Assistant shall act under the supervision of such attorney.
NOW THEREFORE, it is mutually agreed:
1. The"AAA"desires to purchase services from"CONNELL",through his expertise as an attorney licensed
to practice law in the state of Colorado,for supervision of the legal assistant at the"AAA" Senior Citizen's
Law Project.
2. "CONNELL"desires to provide his expertise as a licensed attorney in the state of Colorado for direction
and supervision of the legal assistant at the"AAA"Senior Citizen's Law Project.
3. The"AAA"legal assistant and"CONNELL"will review applications to the Program. "CONNELL"will
be available for weekly review of applications, for telephone contact by the"AAA"legal assistant,and for
appearance in proceedings in court when necessary.
4. After consultation with"CONNELL",the"AAA" legal assistant shall follow up on case handling and
negotiation,pursuant to the supervision and direction of"CONNELL".
5. The"AAA"Legal assistant shall be responsible for community outreach,publicity of the program, and
community education.
6. The"AAA" legal assistant shall be allowed to represent persons before an agency or in an agency
proceeding,or administrative tribunal,and complete necessary forms not requiring knowledge and skill
beyond that possessed by the ordinary experienced and intelligent layman,as provided by Colorado law.
7. The"AAA" Senior Citizens Law Project agrees not to dispense legal advice and counsel except when
under the direction and supervision of"CONNELL".
8. "CONNELL"will provide a ten-percent match for the Senior Citizen's Law Program in the form travel
time and mileage to court proceedings and client conferences,access to a law library use of office phone,
1
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along with providing limited word processing,usual copying fees and ordinary postage expenses,all with a
value of a least ten-percent(10%)of the total received from this agreement during 2011-2012. It is agreed
that"CONNELL" shall continue to provide his own Professional Liability Insurance. The"AAA"legal
assistant shall be insured for liability against errors and omissions resulting from any actions within the
scope of his/her employment,the same as other employees of Weld County.
9. The"AAA"shall reimburse"CONNELL"at the rate of S 32.50 per hour for consultation time and$42.50
per hour for court appearance time, up to but not exceeding the sum of$7,500(Older Americans Act
funds). The"AAA"and"CONNELL"shall keep a time log record to monitor the hours worked by
"CONNELL". "CONNELL" shall be paid monthly for actual services rendered in the previous month.
10. "CONNELL"agrees to commence services with thirty(30)days after the signing of the Agreement and
assure completion of all services required hereunder by June 30,2012.
11. "CONNELL" agrees to document and report any project income received as a result of services provided
under the Agreement.
12. "CONNELL"understands that"AAA"is required to conduct periodic evaluations of the activities
conducted under this Agreement and to monitor on an ongoing basis the performance of"CONNELL"to
insure that the funds made available by the Agreement are expended in keeping with the purposes for
which they were awarded; and"CONNELL"accordingly agrees to cooperate fully with the"AAA"in the
conduct of such evaluation and monitoring, including the keeping and supplying of such information, and
providing access to documents and records to the"AAA"for the purpose of audit;and further agrees to do
all things necessary to enable"AAA"to fulfill its obligation to the State of Colorado and the United States
Government.
13. Any changes, including any increase or decrease in the amount of"CONNELL's" compensation, and
including changes in budget allocations which are mutually agreed upon by and between the"AAA"and
"CONNELL",shall be incorporated in written amendments to this Agreement and in appropriate revisions
to the grant proposal.
14. "CONNELL"understands and agrees that the following provisions are part of the official application and
as such become binding upon commencement of the project:
a. This Agreement and the provisions of services hereunder shall be subject to the laws of Colorado
and be in accordance with the policies,procedures,and practices of the County,the Older
Americans Act,the policies and procedures established by the State Unit on Aging, and the terms
and conditions of the project application approved by"AAA".
b. Understands that if there is Federal/State program income unearned at the time the project is
terminated,this amount must be returned to the"AAA"unless the"AAA"otherwise stipulates.
c. Understands that the project's fiscal affairs are subject to audit. If costs are disallowed,the
proportion of Federal/State funds disallowed must be returned to the"AAA".
d. Understands that this award is made for the period amounts stated in this Agreement. This
Agreement in no way implies further funding which is contingent upon the availability of funds
and approval of future project applications.
e. Agrees to keep records and make reports on the forms required by the"AAA"and in accordance
with guidelines issued by the State of Colorado and the Administration on Aging, specifically,
i. To submit monthly financial and programmatic reports to the"AAA"by the 10th of the
following month;
ii. To submit a final financial report within 45 days after the end of the project year;
2
•
iii. To submit other reports to the"AAA" as requested;
iv. Maintain a computer system that will be able to manage all required"AAA"reporting
software;
v. Maintain internet access in order to transfer all required data to the"AAA".
f. Agrees to advise the"AAA"of needed program and financial changes and await approval from
the"AAA"prior to change implementation.
g. Agrees to have policies and procedures for complaint/appeal tracking,timely disposition of
complaints/appeals and documentation of such processes.
h. Agrees to have a client grievance policy, which will address any alleged infractions of any federal
state or local laws by'CONNELL" against recipients of or applicants for services.
i. Agrees to have a policy and procedure for wait lists that meets the requirements set forth by the
"AAA".
j. Agrees to provide recipients receiving services the opportunity to contribute to all or part of the
cost of the services received. Each recipient shall be given the opportunity to determine if they are
able to contribute to all or part of the cost of services. No recipient shall be denied a service
because of a failure to contribute to all or part of the cost of the service. All contributions shall be
considered program income. All contributions shall be used to expand the services for which the
contributions were given.
k. Agrees that local cash or in-kind contributions have not been used to satisfy or match another
federal grant or funds. Supplies,volunteer services, and other in-kind contributions shall be
valued as described under 45 C.F.R. 874.5. All matching contributions, including cash and in-
kind shall be verifiable from agency records.
15. Additional Work. In the event the County shall require changes in the scope, character,or complexity of
the work to be performed,and said changes cause an increase or decrease in the time required or the costs
to the Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated
between the parties and this Agreement shall be modified accordingly by a supplemental Agreement. Any
claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any
work covered in the anticipated supplemental Agreement. Any change in work made without such prior
supplemental Agreement shall be deemed covered in the compensation and time provisions of this
Agreement.
16. Independent Contractor. Contractor agrees that Contractor is an independent contractor and that neither
Contractor nor Contractor's agents or employees are, or shall be deemed to be,agents or employees of the
County for any purpose. Contractor shall have no authorization, express or implied,to bind the County to
any agreement, liability, or understanding. The parties agree that Contractor will not become an employee
of County,nor is Contractor entitled to any employee benefits from County as a result of the execution of
this Agreement.
17. Warranty. Contractor warrants that services performed under this Agreement will be performed in a
manner consistent with the professional standards governing such services and the provisions of this
Agreement.
18. Reports County Property. All reports,test results and all other tangible materials,except client files,
produced in connection with the performance of this Agreement,whether or not such materials are in
completed form,shall at all times be considered the property of the County. Contractor shall not make use
of such material for purposes other than in connection with this Agreement without prior written approval
of County.
3
19. Client Files. The County agrees to preserve and maintain all client files of cases of"CONNELL"and the
legal assistant in an accessible place for seven years from the last date of service to the client. The County
acknowledges and agrees that the client files of"CONNELL"and the legal assistant are protected and
restricted by the principles of attorney-client confidentiality, attorney-client privilege,and attorney work
product.The County agrees that the only persons to have access to the client files at any time are
"CONNELL,"the legal assistant,the client, and any person specifically authorized in writing by
"CONNELL."
20. Acceptance of Product not a Waiver. Upon completion of the work,Contractor shall submit to County
originals of all test results,reports,etc.,generated during completion of this work. Acceptance by County
of reports and incidental material furnished under this Agreement shall not in any way relieve Contractor of
responsibility for the quality and accuracy of the work. Acceptance by the County of, or payment for,any
services performed under this Agreement shall not be construed as a waiver of any of the County's rights
under this Agreement or under the law generally.
21. Insurance and Indemnification. Contractor shall defend and indemnify County, its officers and agents,
from and against loss or liability arising from Contractor's acts, errors or omissions in seeking to perform
its obligations under this Agreement. Contractor shall provide necessary workers' compensation insurance
at Contractor's own cost and expense.
22. Termination. Either party may terminate this Agreement at any time by providing the other party with a
30 day written notice thereof. Furthermore,this Agreement may be terminated at any time without notice
upon a material breach of the terms of the Agreement. In the event of an early termination, Contractor shall
be paid for work performed up to the time of notice and County shall be entitled the use of all material
generated pursuant to this Agreement.
23. Non-Assignment. Contractor may not assign or transfer this Agreement,any interest therein or claim there
under,without the prior written approval of County.
24. Access to Records. County shall have access to Contractor's financial records as they relate to this
Agreement for purposes of audit. Such records shall be complete and available for audit 90 days after final
payment hereunder and shall be retained and available for audit purposes for at least five years after final
payment hereunder.
25. Time of Essence. Time is of the essence in each and all of the provisions of this Agreement.
26. Interruptions.Neither party to this Agreement shall be liable to the other for delays in delivery or failure
to deliver or otherwise to perform any obligation under this Agreement,where such failure is due to any
cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes,war, flood,
earthquakes or Governmental actions.
27. Notices. Any notice required to be given under this Agreement shall be in writing and shall be mailed or
delivered to the other party at that party's address as stated above.
28. Compliance. This Agreement and the provision of services hereunder shall be subject to the laws of
Colorado and be in accordance with the policies,procedures, and practices of County.
29. Non-Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other
contractors or persons to perform services of the same or similar nature.
30. Certification. Contractor certifies that Contractor is not an illegal immigrant, and further, Contractor
represents,warrants,and agrees that it has verified that Contractor does not employ any illegal aliens. If it
is discovered that Contractor is an illegal immigrant,employs illegal aliens or subcontracts with illegal
aliens, County can terminate this Agreement and Contractor may be held liable for damages.
4
31. Entire Agreement/Modifications. This Agreement contains the entire agreement between the parties with
respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiation,
representation,and understanding or agreements with respect to the subject matter contained in this
Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both
parties.
32. Funding Contingency. No portion of this Agreement shall be deemed to create an obligation on the part
of County to expend funds not otherwise appropriated or budgeted for.
33. No Conflict. No employee of Contractor nor any member of Contractor's family shall serve on a County
Board, committee or hold any such position which either by rule, practice or action nominates,
recommends,supervises Contractor's operations, or authorizes funding to Contractor.
34. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable,this Agreement shall be construed and enforced without such provision,to the extent that
this Agreement is then capable of execution within the original intent of the parties.
35. Governmental Immunity. No portion of this Agreement shall be deemed to constitute a waiver of any
immunity the parties or their officers or employees may possess.
36. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and
conditions of this Agreement, and all rights of action relating to such enforcement,shall be strictly reserved
to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action
whatsoever by any other person not included in this Agreement. It is the express intention of the
undersigned parties that any entity other than the undersigned parties receiving services or benefits under
this Agreement shall be an incidental beneficiary only.
37. PUBLIC CONTRACTS FOR SERVICES. CRS §8-I 7.5-101. [Not Applicable to agreements relating to
the offer, issuance,or sale of securities, investment advisory services or fund management services,
sponsored projects, intergovernmental agreements,or information technology services or products and
services] Contractor certifies,warrants,and agrees that it does not knowingly employ or contract with an
illegal alien who will perform work under this contract and will confirm the employment eligibility of all
employees who are newly hired for employment in the United States to perform work under this contract,
through participation in the E-Verify Program or the Department program established pursuant to CRS §8-
17.5-102(5)(c), Contractor shall not knowingly employ or contract with an illegal alien to perform work
under this contract or enter into a contract with a subcontractor that fails to certify to Contractor that the
subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this
contract. Contractor(a) shall not use E-Verify Program or Department program procedures to undertake
pre-employment screening of job applicants while this contract is being performed, (b)shall notify the
subcontractor and the contracting State agency within three days if Contractor has actual knowledge that a
subcontractor is employing or contracting with an illegal alien for work under this contract, (c)shall
terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien
within three days of receiving the notice,and(d)shall comply with reasonable requests made in the course
of an investigation,undertaken pursuant to CRS §8-17.5-102(5),by the Colorado Department of Labor and
Employment. If Contractor participates in the Department program,Contractor shall deliver to the
contracting State agency, Institution of Higher Education or political subdivision a written notarized
affirmation,affirming that Contractor has examined the legal work status of such employee,and shall
comply with all of the other requirements of the Department program. If Contractor fails to comply with
any requirement of this provision or CRS §8-17.5-101 et seq.,the contracting State agency,institution of
higher education or political subdivision may terminate this contract for breach and, if so terminated,
Contractor shall be liable for damages.
38. The term of this Agreement shall be from July 1,2011 through June 30, 2012.
5
39. This Agreement may be terminated up thirty(30)days written notice by either party. This Agreement shall
be terminated immediately in the event of loss of funding to the AAA.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day first written above.
BOARD OF COUNTY COMMISSIONERS Charles J. Connell, Attorney
WE D COUNTY, COL RADO
Barbara Kirkmeyer, hair /JUL 18 2011 By.
arles J.Connell
ATTEST: sLe itle:
WeldCo Clerkto - :oardtirfate:
BY: /✓L/L�_/. `��: _�11�:�� �►
Deputy Clerk fhe Board
WELD COUNTY DEPARTMENT OF HUMAN
SERVIC S
1
d A. Grieg, , Directo I I
WEL OUNTY A AGENCY ON AGING
Eva M. Jewe i ision Head
6
&c///roe
PURCHASE OF SERVICE AGREEMENT ?mU JUN I S Q
THIS AGREEMENT,made and entered into this 15'day of July 2011 by and between Mb CouTy of Weld;State or 54
THISColorado,by and through the Board of County Commissioners of Weld County, on behalf of the Weld County
Department of Human Services'Area Agency on Aging,hereinafter referred to as "AAA" and Eldergarden,
hereinafter referred to as"Eldergarden".
WITNESSETH:
WHEREAS,"AAA"develops and administers the Area Plan for a comprehensive and coordinated system of
services,and
WHEREAS,"AAA"serves as the advocate and focal point for older persons with the greatest economic and social
need,and
WHEREAS,"Eldergarden"is a private,non-profit organization existing for the purpose of adult day care services to
residents of Weld County,and
WHEREAS,"AAA"desires to purchase adult day services for low-income elders from"Eldergarden"
NOW THEREFORE, it is mutually agreed:
1. The"AAA"hereby agrees to award grant monies(under the Older Americans Act and Older Coloradoan
State Funding for Senior Services)in the sum of$55,250 to"Eldergarden."
2. "Eldergarden"agrees to provide 3 946 units of adult day care to 15 seniors with a goal of reaching 3 rural
seniors,3 minority seniors and 15 disabled/frail seniors.
3. The"AAA"agrees to reimburse"Eldergarden"for all eligible project costs up to but not exceeding the sum
of$55,250 at an hourly rate of$14.00.
4. "Eldergarden"agrees to commence services with thirty(30)days after the signing of the Agreement and
assure completion of all services required hereunder by June 30,2012.
5. "Eldergarden"agrees to document and report any project income received as a result of services provided
under the Agreement.
6. "Eldergarden"agrees to include the following statement in any written materials(pamphlets,brochures,
announcements,etc.)or in any verbal presentations: "Eldergarden"is supported, in part by funds provided
by the Weld County Area agency on aging through the Older Americans Act."
7. "Eldergarden" understands that"AAA" is required to conduct periodic evaluations of the activities
conducted under this Agreement and to monitor on an ongoing basis the performance of"Eldergarden"to
insure that the funds made available by the Agreement are expended in keeping with the purposes for
which they were awarded;and"Eldergarden"accordingly agrees to cooperate fully with the"AAA"in the
conduct of such evaluation and monitoring, including the keeping and supplying of such information,and
providing access to documents and records to the"AAA" for the purpose of audit;and further agrees to do
all things necessary to enable"AAA"to fulfill its obligation to the State of Colorado and the United States
Government.
8. Any changes, including any increase or decrease in the amount of"Eldergarden's" compensation,and
including changes in budget allocations which are mutually agreed upon by and between the"AAA"and
"Eldergarden", shall be incorporated in written amendments to this Agreement and in appropriate revisions
to the grant proposal.
1
9. "Eldergarden"understands and agrees that the following provisions are part of the official application and
as such become binding upon commencement of the project:
a. This Agreement and the provisions of services hereunder shall be subject to the laws of Colorado
and be in accordance with the policies,procedures,and practices of the County,the Older
Americans Act,the policies and procedures established by the State Unit on Aging,and the terms
and conditions of the project application approved by"AAA".
b. Understands that if there is Federal/State program income unearned at the time the project is
terminated,this amount must be returned to the"AAA"unless the"AAA"otherwise stipulates.
c. Understands that the project's fiscal affairs are subject to audit. If costs are disallowed,the
proportion of Federal/State funds disallowed must be returned to the"AAA".
d. Understands that this award is made for the period amounts stated in this Agreement. This
Agreement in no way implies further funding which is contingent upon the availability of funds
and approval of future project applications.
e. Agrees to keep records and make reports on the forms required by the"AAA"and in accordance
with guidelines issued by the State of Colorado and the Administration on Aging,specifically,
i. To submit monthly financial and programmatic reports to the"AAA"by the 10th of the
following month;
ii. To submit a final financial report within 45 days after the end of the project year;
iii. To submit other reports to the"AAA" as requested;
iv. Maintain a computer system that will be able to manage all required"AAA"reporting
software;
v. Maintain intemet access in order to transfer all required data to the"AAA".
f Agrees to advise the"AAA"of needed program and financial changes and await approval from
the"AAA"prior to change implementation.
g. Agrees to have policies and procedures for complaint/appeal tracking,timely disposition of
complaints/appeals and documentation of such processes.
h. Agrees to have a client grievance policy,which will address any alleged infractions of any federal
state or local laws by `Eldergarden"against recipients of or applicants for services.
i. Agrees to have a policy and procedure for wait lists that meets the requirements set forth by the
"AAA".
j. Agrees to provide recipients receiving services the opportunity to contribute to all or part of the
cost of the services received. Each recipient shall be given the opportunity to determine if they are
able to contribute to all or part of the cost of services. No recipient shall be denied a service
because of a failure to contribute to all or part of the cost of the service. All contributions shall be
considered program income. All contributions shall be used to expand the services for which the
contributions were given.
k. Agrees that local cash or in-kind contributions have not been used to satisfy or match another
federal grant or funds. Supplies, volunteer services,and other in-kind contributions shall be
valued as described under 45 C.F.R. 874.5. All matching contributions, including cash and in-
kind shall be verifiable from agency records.
10. Additional Work. In the event the County shall require changes in the scope,character,or complexity of
2
the work to be performed, and said changes cause an increase or decrease in the time required or the costs
to the Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated
between the parties and this Agreement shall be modified accordingly by a supplemental Agreement. Any
claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any
work covered in the anticipated supplemental Agreement. Any change in work made without such prior
supplemental Agreement shall be deemed covered in the compensation and time provisions of this
Agreement.
11. Independent Contractor. Contractor agrees that Contractor is an independent contractor and that neither
Contractor nor Contractor's agents or employees are,or shall be deemed to be, agents or employees of the
County for any purpose. Contractor shall have no authorization,express or implied,to bind the County to
any agreement, liability, or understanding. The parties agree that Contractor will not become an employee
of County,nor is Contractor entitled to any employee benefits from County as a result of the execution of
this Agreement.
12. Warranty. Contractor warrants that services performed under this Agreement will be performed in a
manner consistent with the professional standards governing such services and the provisions of this
Agreement.
13. Reports County Property. All reports,test results and all other tangible materials produced in
connection with the performance of this Agreement,whether or not such materials are in completed form,
shall at all times be considered the property of the County. Contractor shall not make use of such material
for purposes other than in connection with this Agreement without prior written approval of County.
14. Acceptance of Product not a Waiver. Upon completion of the work, Contractor shall submit to County
originals of all test results,reports,etc.,generated during completion of this work. Acceptance by County
of reports and incidental material furnished under this Agreement shall not in any way relieve Contractor of
responsibility for the quality and accuracy of the work. Acceptance by the County of,or payment for, any
services performed under this Agreement shall not be construed as a waiver of any of the County's rights
under this Agreement or under the law generally.
15. Insurance and Indemnification. Contractor shall defend and indemnify County, its officers and agents,
from and against loss or liability arising from Contractor's acts,errors or omissions in seeking to perform
its obligations under this Agreement. Contractor shall provide necessary workers' compensation insurance
at Contractor's own cost and expense.
16. Termination. Either party may terminate this Agreement at any time by providing the other party with a
30 day written notice thereof. Furthermore,this Agreement may be terminated at any time without notice
upon a material breach of the terms of the Agreement. In the event of an early termination,Contractor shall
be paid for work performed up to the time of notice and County shall be entitled the use of all material
generated pursuant to this Agreement.
17. Non-Assignment. Contractor may not assign or transfer this Agreement,any interest therein or claim there
under,without the prior written approval of County.
18. Access to Records. County shall have access to Contractor's financial records as they relate to this
Agreement for purposes of audit. Such records shall be complete and available for audit 90 days after final
payment hereunder and shall be retained and available for audit purposes for at least five years after final
payment hereunder.
19. Time of Essence. Time is of the essence in each and all of the provisions of this Agreement.
20. Interruptions.Neither party to this Agreement shall be liable to the other for delays in delivery or failure
to deliver or otherwise to perform any obligation under this Agreement,where such failure is due to any
cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes,war,flood,
3
earthquakes or Governmental actions.
21. Notices. Any notice required to be given under this Agreement shall be in writing and shall be mailed or
delivered to the other party at that party's address as stated above.
22. Compliance. This Agreement and the provision of services hereunder shall be subject to the laws of
Colorado and be in accordance with the policies, procedures, and practices of County.
23. Non-Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other
contractors or persons to perform services of the same or similar nature.
24. Certification. Contractor certifies that Contractor is not an illegal immigrant,and further,Contractor
represents,warrants,and agrees that it has verified that Contractor does not employ any illegal aliens. If it
is discovered that Contractor is an illegal immigrant,employs illegal aliens or subcontracts with illegal
aliens,County can terminate this Agreement and Contractor may be held liable for damages.
25. Entire Agreement/Modifications. This Agreement contains the entire agreement between the parties with
respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiation,
representation, and understanding or agreements with respect to the subject matter contained in this
Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both
parties.
26. Funding Contingency. No portion of this Agreement shall be deemed to create an obligation on the part
of County to expend funds not otherwise appropriated or budgeted for.
27. No Conflict. No employee of Contractor nor any member of Contractor's family shall serve on a County
Board, committee or hold any such position which either by rule,practice or action nominates,
recommends,supervises Contractor's operations, or authorizes funding to Contractor.
28. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal,or
unenforceable,this Agreement shall be construed and enforced without such provision,to the extent that
this Agreement is then capable of execution within the original intent of the parties.
29. Governmental Immunity. No portion of this Agreement shall be deemed to constitute a waiver of any
immunity the parties or their officers or employees may possess.
30. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and
conditions of this Agreement,and all rights of action relating to such enforcement, shall be strictly reserved
to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action
whatsoever by any other person not included in this Agreement. It is the express intention of the
undersigned parties that any entity other than the undersigned parties receiving services or benefits under
this Agreement shall be an incidental beneficiary only.
31. PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101. [Not Applicable to agreements relating to
the offer, issuance,or sale of securities, investment advisory services or fund management services,
sponsored projects, intergovernmental agreements,or information technology services or products and
services] Contractor certifies,warrants, and agrees that it does not knowingly employ or contract with an
illegal alien who will perform work under this contract and will confirm the employment eligibility of all
employees who are newly hired for employment in the United States to perform work under this contract,
through participation in the E-Verify Program or the Department program established pursuant to CRS §8-
17.5-102(5)(c),Contractor shall not knowingly employ or contract with an illegal alien to perform work
under this contract or enter into a contract with a subcontractor that fails to certify to Contractor that the
subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this
contract.Contractor(a) shall not use E-Verify Program or Department program procedures to undertake
pre-employment screening of job applicants while this contract is being performed,(b)shall notify the
4
subcontractor and the contracting State agency within three days if Contractor has actual knowledge that a
subcontractor is employing or contracting with an illegal alien for work under this contract, (c)shall
terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien
within three days of receiving the notice,and(d)shall comply with reasonable requests made in the course
of an investigation,undertaken pursuant to CRS §8-17.5-102(5),by the Colorado Department of Labor and
Employment. If Contractor participates in the Department program,Contractor shall deliver to the
contracting State agency, Institution of Higher Education or political subdivision a written,notarized
affirmation,affirming that Contractor has examined the legal work status of such employee,and shall
comply with all of the other requirements of the Department program. If Contractor fails to comply with
any requirement of this provision or CRS §8-17.5-101 et seq.,the contracting State agency, institution of
higher education or political subdivision may terminate this contract for breach and, if so terminated,
Contractor shall be liable for damages.
32. The term of this Agreement shall be from July 1,2011 through June 30,2012.
33. This Agreement may be terminated up thirty(30)days written notice by either party. This Agreement shall
be terminated immediately in the event of loss of funding to the AAA.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day first written above.
BOARD OF COUNTY COMMISSIONERS ELDERGARDEN
WELD COUNTY,CO ORADO 27th
Avenue
4,01“);_tOL , Greeley, CO 80634
'Barbara Kirkmeyer Chair -� �
JUL 18 2011 By: _ (iletiinellesnifeet
, N 11e I /�)• Judy VanEgddm,Executive Director
ATTEST: \ S
i '' i., Side:
Weld Coun Clerk to the board/ 1`'1 4�. Nil
t —1
.
�/ 1.4
` ��ate:
BY: /�� � .s � �.,�s� � ♦, j3 �o i�
Deputy Clerk . e Board �� ( '�
WELD COUNTY DEPARTMENT OF HUMAN
SERVIC S
J A. Grieg , Director
WELD NTY A AGENCY ON AGING
0C
Eva M.Jewell, iv' ion Head
5
PURCHASE OF SERVICE AGREEMENT
sill?
THIS AGREEMENT,made and entered into this ls`day of July 2011 by and between the County of Weld,S{dsle
Colorado,by and through the Board of County Commissioners of Weld County,on behalf of the Weld County
Department of Human Services'Area Agency on Aging,hereinafter referred to as"AAA" and Meals on Wheels
hereinafter referred to as"MOW".
WITNESSETH:
WHEREAS,"AAA"develops and administers the Area Plan for a comprehensive and coordinated system of
services,and
WHEREAS,"AAA"serves as the advocate and focal point for older persons with the greatest economic and social
need,and
WHEREAS,"MOW"is a private,non-profit organization existing for the purpose of providing home delivered
meals to homebound residents of Weld County,and
WHEREAS,"AAA"desires to purchase home delivered meals for low-income elders from"MOW"
NOW THEREFORE,it is mutually agreed:
I. The"AAA"hereby agrees to award grant monies(under the Older Americans Act and Older Coloradoan
State Funding for Senior Services)in the sum of$51,447 to"MOW."
2. The"AAA"hereby agrees to award"MOW"a percentage of the Nutrition Services Incentive Program
(NSIP)reimbursement. The reimbursement will be based on a per meal rate for every meal served to an
eligible Title III recipient for the purpose of serving the number of meals in paragraph 3.
3. "MOW"agrees to provide 12,861 meals to approximately 100 seniors with a goal of reaching 30 rural
seniors,30 Hispanic seniors and 100 homebound seniors. Homebound status must be formally re-
evaluated every 6 months. Unit cost reimbursement for each meal that meets the 33 1/3 RDI requirements
is$4.00.
4. "MOW"agrees to commence services with thirty(30)days after the signing of the Agreement and assure
completion of all services required hereunder by June 30,2012.
5. "MOW"agrees to document and report any project income received as a result of services provided under
the Agreement.
6. "MOW"agrees to include the following statement in any written materials(pamphlets,brochures,
announcements,etc.)or in any verbal presentations: "MOW"is supported,in part by funds provided by the
Weld County Area agency on aging through the Older Americans Act."
7. "MOW"understands that"AAA"is required to conduct periodic evaluations of the activities conducted
under this Agreement and to monitor on an ongoing basis the performance of"MOW"to insure that the
funds made available by the Agreement are expended in keeping with the purposes for which they were
awarded;and"MOW"accordingly agrees to cooperate fully with the"AAA"in the conduct of such
evaluation and monitoring,including the keeping and supplying of such information,and providing access
to documents and records to the"AAA"for the purpose of audit;and further agrees to do all things
necessary to enable"AAA"to fulfill its obligation to the State of Colorado and the United States
Government.
1
8. Any changes,including any increase or decrease in the amount of"MOW's"compensation,and including
changes in budget allocations which are mutually agreed upon by and between the"AAA"and"MOW",
shall be incorporated in written amendments to this Agreement and in appropriate revisions to the grant
proposal.
9. "MOW"understands and agrees that the following provisions are part of the official application and as
such become binding upon commencement of the project:
a. This Agreement and the provisions of services hereunder shall be subject to the laws of Colorado
and be in accordance with the policies,procedures, and practices of the County,the Older
Americans Act,the policies and procedures established by the State Unit on Aging,and the terms
and conditions of the project application approved by"AAA".
b. Understands that if there is Federal/State program income unearned at the time the project is
terminated,this amount must be returned to the"AAA"unless the"AAA"otherwise stipulates.
c. Understands that the project's fiscal affairs are subject to audit. If costs are disallowed,the
proportion of Federal/State funds disallowed must be returned to the"AAA".
d. Understands that this award is made for the period amounts stated in this Agreement. This
Agreement in no way implies further funding which is contingent upon the availability of funds
and approval of future project applications.
e. Agrees to keep records and make reports on the forms required by the"AAA"and in accordance
with guidelines issued by the State of Colorado and the Administration on Aging,specifically,
i. To submit monthly financial and programmatic reports to the"AAA"by the 10th of the
following month;
ii. To submit a final financial report within 45 days after the end of the project year;
iii. To submit other reports to the"AAA"as requested;
iv. Maintain a computer system that will be able to manage all required"AAA"reporting
software;
v. Maintain intemet access in order to transfer all required data to the"AAA".
f. Agrees to advise the"AAA"of needed program and financial changes and await approval from
the"AAA"prior to change implementation.
g. Agrees to have policies and procedures for complaint/appeal tracking,timely disposition of
complaints/appeals and documentation of such processes.
h. Agrees to have a client grievance policy,which will address any alleged infractions of any federal
state or local laws by'MOW"against recipients of or applicants for services.
i. Agrees to have a policy and procedure for wait lists that meets the requirements set forth by the
"AAA„
j. Agrees to provide recipients receiving services the opportunity to contribute to all or part of the
cost of the services received. Each recipient shall be given the opportunity to determine if they are
able to contribute to all or part of the cost of services. No recipient shall be denied a service
because of a failure to contribute to all or part of the cost of the service. All contributions shall be
considered program income. All contributions shall be used to expand the services for which the
contributions were given.
2
k. Agrees that local cash or in-kind contributions have not been used to satisfy or match another
federal grant or funds. Supplies,volunteer services,and other in-kind contributions shall be
valued as described under 45 C.F.R. 874.5. All matching contributions,including cash and in-
kind shall be verifiable from agency records.
10. Additional Work. In the event the County shall require changes in the scope,character,or complexity of
the work to be performed,and said changes cause an increase or decrease in the time required or the costs
to the Contractor for performance,an equitable adjustment in fees and completion time shall be negotiated
between the parties and this Agreement shall be modified accordingly by a supplemental Agreement. Any
claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any
work covered in the anticipated supplemental Agreement. Any change in work made without such prior
supplemental Agreement shall be deemed covered in the compensation and time provisions of this
Agreement.
11. Independent Contractor. Contractor agrees that Contractor is an independent contractor and that neither
Contractor nor Contractor's agents or employees are,or shall be deemed to be,agents or employees of the
County for any purpose. Contractor shall have no authorization,express or implied,to bind the County to
any agreement,liability,or understanding. The parties agree that Contractor will not become an employee
of County,nor is Contractor entitled to any employee benefits from County as a result of the execution of
this Agreement.
12. Warranty. Contractor warrants that services performed under this Agreement will be performed in a
manner consistent with the professional standards governing such services and the provisions of this
Agreement.
13. Reports County Property. All reports,test results and all other tangible materials produced in
connection with the performance of this Agreement,whether or not such materials are in completed form,
shall at all times be considered the property of the County. Contractor shall not make use of such material
for purposes other than in connection with this Agreement without prior written approval of County.
14. Acceptance of Product not a Waiver. Upon completion of the work,Contractor shall submit to County
originals of all test results,reports,etc.,generated during completion of this work. Acceptance by County
of reports and incidental material furnished under this Agreement shall not in any way relieve Contractor of
responsibility for the quality and accuracy of the work. Acceptance by the County of,or payment for,any
services performed under this Agreement shall not be construed as a waiver of any of the County's rights
under this Agreement or under the law generally.
15. Insurance and Indemnification. Contractor shall defend and indemnify County, its officers and agents,
from and against loss or liability arising from Contractor's acts,errors or omissions in seeking to perform
its obligations under this Agreement. Contractor shall provide necessary workers' compensation insurance
at Contractor's own cost and expense.
16. Termination. Either party may terminate this Agreement at any time by providing the other party with a
30 day written notice thereof Furthermore,this Agreement may be terminated at any time without notice
upon a material breach of the terms of the Agreement. In the event of an early termination,Contractor shall
be paid for work performed up to the time of notice and County shall be entitled the use of all material
generated pursuant to this Agreement.
17. Non-Assignment. Contractor may not assign or transfer this Agreement,any interest therein or claim there
under,without the prior written approval of County.
18. Access to Records. County shall have access to Contractor's financial records as they relate to this
Agreement for purposes of audit. Such records shall be complete and available for audit 90 days after final
payment hereunder and shall be retained and available for audit purposes for at least five years after final
payment hereunder.
3
19. Time of Essence. Time is of the essence in each and all of the provisions of this Agreement.
20. Interruptions.Neither party to this Agreement shall be liable to the other for delays in delivery or failure
to deliver or otherwise to perform any obligation under this Agreement,where such failure is due to any
cause beyond its reasonable control,including but not limited to Acts of God,fires,strikes,war,flood,
earthquakes or Governmental actions.
21. Notices. Any notice required to be given under this Agreement shall be in writing and shall be mailed or
delivered to the other party at that party's address as stated above.
22. Compliance. This Agreement and the provision of services hereunder shall be subject to the laws of
Colorado and be in accordance with the policies,procedures,and practices of County.
23. Non-Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other
contractors or persons to perform services of the same or similar nature.
24. Certification. Contractor certifies that Contractor is not an illegal immigrant,and further,Contractor
represents,warrants,and agrees that it has verified that Contractor does not employ any illegal aliens. If it
is discovered that Contractor is an illegal immigrant,employs illegal aliens or subcontracts with illegal
aliens,County can terminate this Agreement and Contractor may be held liable for damages.
25. Entire Agreement/Modifications. This Agreement contains the entire agreement between the parties with
respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiation,
representation,and understanding or agreements with respect to the subject matter contained in this
Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both
parties.
26. Funding Contingency. No portion of this Agreement shall be deemed to create an obligation on the part
of County to expend funds not otherwise appropriated or budgeted for.
27. No Conflict. No employee of Contractor nor any member of Contractor's family shall serve on a County
Board,committee or hold any such position which either by rule,practice or action nominates,
recommends,supervises Contractor's operations,or authorizes funding to Contractor.
28. Severability. If any term or condition of this Agreement shall be held to be invalid,illegal,or
unenforceable,this Agreement shall be construed and enforced without such provision,to the extent that
this Agreement is then capable of execution within the original intent of the parties.
29. Governmental Immunity. No portion of this Agreement shall be deemed to constitute a waiver of any
immunity the parties or their officers or employees may possess.
30. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and
conditions of this Agreement,and all rights of action relating to such enforcement,shall be strictly reserved
to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action
whatsoever by any other person not included in this Agreement. It is the express intention of the
undersigned parties that any entity other than the undersigned parties receiving services or benefits under
this Agreement shall be an incidental beneficiary only.
31. PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101. [Not Applicable to agreements relating to
the offer,issuance,or sale of securities,investment advisory services or fund management services,
sponsored projects,intergovernmental agreements,or information technology services or products and
services] Contractor certifies,warrants,and agrees that it does not knowingly employ or contract with an
illegal alien who will perform work under this contract and will confirm the employment eligibility of all
employees who are newly hired for employment in the United States to perform work under this contract,
4
through participation in the E-Verify Program or the Department program established pursuant to CRS §8-
17.5-102(5)(c),Contractor shall not knowingly employ or contract with an illegal alien to perform work
under this contract or enter into a contract with a subcontractor that fails to certify to Contractor that the
subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this
contract. Contractor(a)shall not use E-Verify Program or Department program procedures to undertake
pre-employment screening of job applicants while this contract is being performed, (b)shall notify the
subcontractor and the contracting State agency within three days if Contractor has actual knowledge that a
subcontractor is employing or contracting with an illegal alien for work under this contract, (c)shall
terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien
within three days of receiving the notice, and(d) shall comply with reasonable requests made in the course
of an investigation,undertaken pursuant to CRS §8-17.5-102(5),by the Colorado Department of Labor and
Employment.If Contractor participates in the Department program,Contractor shall deliver to the
contracting State agency,Institution of Higher Education or political subdivision a written,notarized
affirmation,affirming that Contractor has examined the legal work status of such employee,and shall
comply with all of the other requirements of the Department program.If Contractor fails to comply with
any requirement of this provision or CRS §8-17.5-101 et seq.,the contracting State agency,institution of
higher education or political subdivision may terminate this contract for breach and,if so terminated,
Contractor shall be liable for damages.
32. The term of this Agreement shall be from July 1,2011 through June 30,2012.
33. This Agreement may be terminated up thirty(30)days written notice by either party. This Agreement shall
be terminated immediately in the event of loss of funding to the AAA.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day first written above.
BOARD OF COUNTY COMMISSIONERS Meals on Wheels
WELD COUNTY,CO RADO 2131 9 Street
/ Greeley, CO 80631
arbazaKirkmeyer Chair JUL 18 201 ❑,.�
B •
�p°
1Le®� Mazy argar ox
ATTE7 �i
• ta 1/42 Title:
Weld Co • y Clerk to 'oar ':
BY: / .� . ✓�►�."�`b V Date:
Deputy Clerk t. the Board
WELD COUNTY DEPARTMENT OF HUMAN
SERVI ES
u y A. Gri o, Director
WELD UNTY A AGENCY ON AGING
5
Eva M M.Jewe i 'sion Head
r7,//— //Q'
PURCHASE OF SERVICE AGREEMENT
THIS AGREEMENT,made and entered into this Is`day of July 2011 by and between the County of Weld, State of
Colorado,by and through the Board of County Commissioners of Weld County, on behalf of the Weld County
Department of Human Services'Area Agency on Aging,hereinafter referred to as "AAA"and North Range
Behavioral Health,hereinafter referred to as"NRBH".
WITNESSETH:
WHEREAS,"AAA"develops and administers the Area Plan for a comprehensive and coordinated system of
services, and
WHEREAS,"AAA"serves as the advocate and focal point for older persons with the greatest economic and social
need,and
WHEREAS,"NRBH" is a private,non-profit organization existing for the purpose of providing mental health
services to residents of Weld County,and
WHEREAS,"AAA"desires to purchase peer counseling services for low-income elders from"NRBH."
NOW THEREFORE, it is mutually agreed:
1. The"AAA"hereby agrees to award grant monies(under the Older Americans Act and Older Coloradoan
State Funding for Senior Services) in the sum of$49,930 to"NRBH."
2. "NRBH"agrees to provide 2 535 units of Peer Counseling to 120 older adults with the goal of serving 30
rural elders and 15 Hispanic elders and 20 disabled/frail older adults.
3. The"AAA"agrees to reimburse"NRBH"for all eligible project costs up to by not exceeding the sum of
$49,930 at an hourly rate of$19.70 per hour.
4. "NRBH"agrees to commence services with thirty(30)days after the signing of the Agreement and assure
completion of all services required hereunder by June 30,2012.
5. "NRBH"agrees to document and report any project income received as a result of services provided under
the Agreement.
6. "NRBH"agrees to include the following statement in any written materials(pamphlets,brochures,
announcements,etc.)or in any verbal presentations: "NRBH" is supported, in part by funds provided by the
Weld County Area Agency on Aging through the Older Americans Act."
7. "NRBH"understands that"AAA" is required to conduct periodic evaluations of the activities conducted
under this Agreement and to monitor on an ongoing basis the performance of"NRBH"to insure that the
funds made available by the Agreement are expended in keeping with the purposes for which they were
awarded; and"NRBH"accordingly agrees to cooperate fully with the"AAA" in the conduct of such
evaluation and monitoring, including the keeping and supplying of such information, and providing access
to documents and records to the"AAA" for the purpose of audit; and further agrees to do all things
necessary to enable"AAA"to fulfill its obligation to the State of Colorado and the United States
Govemment.
8. Any changes, including any increase or decrease in the amount of"NRBH's"compensation, and including
changes in budget allocations which are mutually agreed upon by and between the"AAA"and"NRBH",
shall be incorporated in written amendments to this Agreement and in appropriate revisions to the grant
proposal.
ao//-/J" '
9. "NRBH" understands and agrees that the following provisions are part of the official application and as
such become binding upon commencement of the project:
a. This Agreement and the provisions of services hereunder shall be subject to the laws of Colorado
and be in accordance with the policies, procedures,and practices of the County,the Older
Americans Act,the policies and procedures established by the State Unit on Aging, and the terms
and conditions of the project application approved by"AAA".
b. Understands that if there is Federal/State program income unearned at the time the project is
terminated,this amount must be returned to the"AAA" unless the"AAA"otherwise stipulates.
c. Understands that the project's fiscal affairs are subject to audit. If costs are disallowed,the
proportion of Federal/State funds disallowed must be retumed to the"AAA".
d. Understands that this award is made for the period amounts stated in this Agreement. This
Agreement in no way implies further funding which is contingent upon the availability of funds
and approval of future project applications.
e. Agrees to keep records and make reports on the forms required by the"AAA"and in accordance
with guidelines issued by the State of Colorado and the Administration on Aging, specifically,
i. To submit monthly financial and programmatic reports to the"AAA"by the 10th of the
following month;
ii. To submit a final financial report within 45 days after the end of the project year;
iii. To submit other reports to the"AAA"as requested;
iv. Maintain a computer system that will be able to manage all required"AAA" reporting
software;
v. Maintain intemet access in order to transfer all required data to the"AAA".
f. Agrees to advise the"AAA"of needed program and financial changes and await approval from
the"AAA"prior to change implementation.
g. Agrees to have policies and procedures for complaint/appeal tracking,timely disposition of
complaints/appeals and documentation of such processes.
h. Agrees to have a client grievance policy,which will address any alleged infractions of any federal
state or local laws by `NRBH"against recipients of or applicants for services.
i. Agrees to have a policy and procedure for wait lists that meets the requirements set forth by the
"AAA".
j. Agrees to provide recipients receiving services the opportunity to contribute to all or part of the
cost of the services received. Each recipient shall be given the opportunity to determine if they are
able to contribute to all or part of the cost of services. No recipient shall be denied a service
because of a failure to contribute to all or part of the cost of the service. All contributions shall be
considered program income. All contributions shall be used to expand the services for which the
contributions were given.
k. Agrees that local cash or in-kind contributions have not been used to satisfy or match another
federal grant or funds. Supplies,volunteer services, and other in-kind contributions shall be
valued as described under 45 C.F.R. 874.5. All matching contributions, including cash and in-
kind shall be verifiable from agency records.
10. Additional Work. In the event the County shall require changes in the scope,character, or complexity of
2
the work to be performed, and said changes cause an increase or decrease in the time required or the costs
to the Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated
between the parties and this Agreement shall be modified accordingly by a supplemental Agreement. Any
claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any
work covered in the anticipated supplemental Agreement. Any change in work made without such prior
supplemental Agreement shall be deemed covered in the compensation and time provisions of this
Agreement.
11. Independent Contractor. Contractor agrees that Contractor is an independent contractor and that neither
Contractor nor Contractor's agents or employees are,or shall be deemed to be,agents or employees of the
County for any purpose. Contractor shall have no authorization,express or implied,to bind the County to
any agreement, liability,or understanding. The parties agree that Contractor will not become an employee
of County,nor is Contractor entitled to any employee benefits from County as a result of the execution of
this Agreement.
12. Warranty. Contractor warrants that services performed under this Agreement will be performed in a
manner consistent with the professional standards governing such services and the provisions of this
Agreement.
13. Reports County Property. All reports,test results and all other tangible materials produced in
connection with the performance of this Agreement, whether or not such materials are in completed form,
shall at all times be considered the property of the County. Contractor shall not make use of such material
for purposes other than in connection with this Agreement without prior written approval of County.
14. Acceptance of Product not a Waiver. Upon completion of the work,Contractor shall submit to County
originals of all test results,reports, etc., generated during completion of this work. Acceptance by County
of reports and incidental material furnished under this Agreement shall not in any way relieve Contractor of
responsibility for the quality and accuracy of the work. Acceptance by the County of,or payment for,any
services performed under this Agreement shall not be construed as a waiver of any of the County's rights
under this Agreement or under the law generally.
15. Insurance and Indemnification. Contractor shall defend and indemnify County, its officers and agents,
from and against loss or liability arising from Contractor's acts,errors or omissions in seeking to perform
its obligations under this Agreement. Contractor shall provide necessary workers' compensation insurance
at Contractor's own cost and expense.
16. Termination. Either party may terminate this Agreement at any time by providing the other party with a
30 day written notice thereof. Furthermore,this Agreement may be terminated at any time without notice
upon a material breach of the terms of the Agreement. In the event of an early termination, Contractor shall
be paid for work performed up to the time of notice and County shall be entitled the use of all material
generated pursuant to this Agreement.
17. Non-Assignment. Contractor may not assign or transfer this Agreement, any interest therein or claim there
under, without the prior written approval of County.
18. Access to Records. County shall have access to Contractor's financial records as they relate to this
Agreement for purposes of audit. Such records shall be complete and available for audit 90 days after final
payment hereunder and shall be retained and available for audit purposes for at least five years after final
payment hereunder.
19. Time of Essence. Time is of the essence in each and all of the provisions of this Agreement.
20. Interruptions.Neither party to this Agreement shall be liable to the other for delays in delivery or failure
to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any
cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes,war, flood,
3
earthquakes or Governmental actions.
21. Notices. Any notice required to be given under this Agreement shall be in writing and shall be mailed or
delivered to the other party at that party's address as stated above.
22. Compliance. This Agreement and the provision of services hereunder shall be subject to the laws of
Colorado and be in accordance with the policies,procedures,and practices of County.
23. Non-Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other
contractors or persons to perform services of the same or similar nature.
24. Certification. Contractor certifies that Contractor is not an illegal immigrant,and further,Contractor
represents,warrants,and agrees that it has verified that Contractor does not employ any illegal aliens. If it
is discovered that Contractor is an illegal immigrant,employs illegal aliens or subcontracts with illegal
aliens, County can terminate this Agreement and Contractor may be held liable for damages.
25. Entire Agreement/Modifications. This Agreement contains the entire agreement between the parties with
respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiation,
representation, and understanding or agreements with respect to the subject matter contained in this
Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both
parties.
26. Funding Contingency. No portion of this Agreement shall be deemed to create an obligation on the part
of County to expend funds not otherwise appropriated or budgeted for.
27. No Conflict. No employee of Contractor nor any member of Contractor's family shall serve on a County
Board,committee or hold any such position which either by rule,practice or action nominates,
recommends, supervises Contractor's operations, or authorizes funding to Contractor.
28. Severability If any term or condition of this Agreement shall be held to be invalid, illegal,or
unenforceable,this Agreement shall be construed and enforced without such provision,to the extent that
this Agreement is then capable of execution within the original intent of the parties.
29. Governmental Immunity. No portion of this Agreement shall be deemed to constitute a waiver of any
immunity the parties or their officers or employees may possess.
30. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and
conditions of this Agreement, and all rights of action relating to such enforcement,shall be strictly reserved
to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action
whatsoever by any other person not included in this Agreement. It is the express intention of the
undersigned parties that any entity other than the undersigned parties receiving services or benefits under
this Agreement shall be an incidental beneficiary only.
31. PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101. [Not Applicable to agreements relating to
the offer, issuance,or sale of securities, investment advisory services or fund management services,
sponsored projects, intergovernmental agreements,or information technology services or products and
services] Contractor certifies,warrants, and agrees that it does not knowingly employ or contract with an
illegal alien who will perform work under this contract and will confirm the employment eligibility of all
employees who are newly hired for employment in the United States to perform work under this contract,
through participation in the E-Verify Program or the Department program established pursuant to CRS §8-
17.5-102(5)(c), Contractor shall not knowingly employ or contract with an illegal alien to perform work
under this contract or enter into a contract with a subcontractor that fails to certify to Contractor that the
subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this
contract. Contractor(a)shall not use E-Verify Program or Department program procedures to undertake
pre-employment screening of job applicants while this contract is being performed, (b)shall notify the
4
subcontractor and the contracting State agency within three days if Contractor has actual knowledge that a
subcontractor is employing or contracting with an illegal alien for work under this contract,(c)shall
terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien
within three days of receiving the notice, and(d)shall comply with reasonable requests made in the course
of an investigation, undertaken pursuant to CRS §8-17.5-102(5),by the Colorado Department of Labor and
Employment. If Contractor participates in the Department program,Contractor shall deliver to the
contracting State agency, Institution of Higher Education or political subdivision a written,notarized
affirmation,affirming that Contractor has examined the legal work status of such employee, and shall
comply with all of the other requirements of the Department program. If Contractor fails to comply with
any requirement of this provision or CRS §8-17.5-101 et seq.,the contracting State agency, institution of
higher education or political subdivision may terminate this contract for breach and, if so terminated,
Contractor shall be liable for damages.
32. The term of this Agreement shall be from July I,2011 through June 30,2012.
33. This Agreement may be terminated up thirty(30)days written notice by either party. This Agreement shall
be terminated immediately in the event of loss of funding to the AAA.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day first written above.
BOARD OF COUNTY COMMISSIONERS North Range Behavioral Health
WELD COUNTY,COL RADO
7 (i( By:
Barbara Kirkmeyer, hair /JUL 18 Larry D. ttorff
Title: Executive Director
ATTEST: .`,= ��
1�1 it*
-;
/�..... • . % A� Date: CP/. i1
Weld ouity Clerk to the Board -
BY: I. . u�f ��! 7i►•-�.►�
Deputy Clerk te' e Board
WELD COUNTY DEPARTMENT OF HUMAN
SERVICES
J A.Grie_o, Director
l
WELD
UNTY AREA AGENCY ON AGING
Eva M. Jewell ivi ion Head
5
a6/i-ir6�
PURCHASE OF SERVICE AGREEMENT .e
�o
THIS AGREEMENT,made and entered into this V'day of July 2011 by and between the County of Weld, State of 9
Colorado,by and through the Board of County Commissioners of Weld County,on behalf of the Weld County t2 •
Department of Human Services'Area Agency on Aging,hereinafter referred to as"AAA" and Rehabilitation and �6
Visiting Nurse Association hereinafter referred to as"RVNA".
WITNESSETH:
WHEREAS,"AAA"develops and administers the Area Plan for a comprehensive and coordinated system of
services,and
WHEREAS,"AAA"serves as the advocate and focal point for older persons with the greatest economic and social
need,and
WHEREAS,"RVNA" is a private,non-profit organization existing for the purpose of providing home health care
services to residents of Weld County,and
WHEREAS,"AAA"desires to purchase home health care for low-income elders from"RVNA"
NOW THEREFORE, it is mutually agreed:
1. The"AAA"hereby agrees to award grant monies(under the Older Americans Act and Older Coloradoan
State Funding for Senior Services)in the sum of$67.972 to"RVNA."
2. The"AAA" agrees to reimburse"RVNA" for all eligible project costs up to by not exceeding the sum of
$62 972 at an hourly rate of$22.07 The"AAA"also agrees to reimburse"RVNA"for all eligible nursing
services up to but not to exceed the sum of$2,500 at an hourly rate of$105.00 and Certified Nursing
Assistant services up to but not to exceed the sum of$2,500 at an hourly rate of$29.00.
3. "RVNA"agrees to provide 2.626 units of homemaker/personal care for 52 seniors with the goal of serving
20 rural seniors and 12 Hispanic seniors.
"RVNA agrees to provide 86 units of Certified Nursing Assistant services for 5 seniors with the goal of
serving 1 rural elder, 1 Hispanic senior. If skilled services are not needed during the contract period funds
allocated to this service may be used to provide non-skilled services.
RVNA agrees to provide 24 units of skilled nursing for 5 seniors with the goal of serving 1 rural elder, 1
Hispanic senior. If Certified Nursing services are not needed during the contract period funds allocated to
this service may be used to provide non-skilled services.
4. "RVNA" agrees to commence services with thirty(30)days after the signing of the Agreement and assure
completion of all services required hereunder by June 30, 2012.
5. "RVNA" agrees to document and report any project income received as a result of services provided under
the Agreement.
6. "RVNA" agrees to include the following statement in any written materials(pamphlets,brochures,
announcements,etc.)or in any verbal presentations: "RVNA" is supported, in part by funds provided by
the Weld County Area agency on aging through the Older Americans Act."
7. "RVNA" understands that"AAA" is required to conduct periodic evaluations of the activities conducted
under this Agreement and to monitor on an ongoing basis the performance of"RVNA"to insure that the
funds made available by the Agreement are expended in keeping with the purposes for which they were
1
•
awarded;and"RVNA"accordingly agrees to cooperate fully with the"AAA"in the conduct of such
evaluation and monitoring, including the keeping and supplying of such information,and providing access
to documents and records to the"AAA" for the purpose of audit; and further agrees to do all things
necessary to enable"AAA"to fulfill its obligation to the State of Colorado and the United States
Government.
8. Any changes, including any increase or decrease in the amount of"RVNA's"compensation,and including
changes in budget allocations which are mutually agreed upon by and between the"AAA"and"RVNA",
shall be incorporated in written amendments to this Agreement and in appropriate revisions to the grant
proposal.
9. "RVNA"understands and agrees that the following provisions are part of the official application and as
such become binding upon commencement of the project:
a. This Agreement and the provisions of services hereunder shall be subject to the laws of Colorado
and be in accordance with the policies,procedures,and practices of the County,the Older
Americans Act, the policies and procedures established by the State Unit on Aging,and the terms
and conditions of the project application approved by"AAA".
b. Understands that if there is Federal/State program income unearned at the time the project is
terminated, this amount must be returned to the"AAA"unless the"AAA"otherwise stipulates.
c. Understands that the project's fiscal affairs are subject to audit. If costs are disallowed,the
proportion of Federal/State funds disallowed must be returned to the"AAA".
d. Understands that this award is made for the period amounts stated in this Agreement. This
Agreement in no way implies further funding which is contingent upon the availability of funds
and approval of future project applications.
e. Agrees to keep records and make reports on the forms required by the"AAA"and in accordance
with guidelines issued by the State of Colorado and the Administration on Aging, specifically,
i. To submit monthly financial and programmatic reports to the"AAA"by the 10th of the
following month;
ii. To submit a final financial report within 45 days after the end of the project year;
iii. To submit other reports to the"AAA"as requested;
iv. Maintain a computer system that will be able to manage all required"AAA"reporting
software;
v. Maintain intemet access in order to transfer all required data to the"AAA".
f. Agrees to advise the"AAA" of needed program and financial changes and await approval from
the"AAA"prior to change implementation.
g. Agrees to have policies and procedures for complaint/appeal tracking, timely disposition of
complaints/appeals and documentation of such processes.
h. Agrees to have a client grievance policy, which will address any alleged infractions of any federal
state or local laws by`RVNA"against recipients of or applicants for services.
i. Agrees to have a policy and procedure for wait lists that meets the requirements set forth by the
"AAA".
j. Agrees to provide recipients receiving services the opportunity to contribute to all or part of the
cost of the services received. Each recipient shall be given the opportunity to determine if they are
able to contribute to all or part of the cost of services. No recipient shall be denied a service
2
because of a failure to contribute to all or part of the cost of the service. All contributions shall be
considered program income. All contributions shall be used to expand the services for which the
contributions were given.
k. Agrees that local cash or in-kind contributions have not been used to satisfy or match another
federal grant or funds. Supplies,volunteer services,and other in-kind contributions shall be
valued as described under 45 C.F.R. 874.5. All matching contributions,including cash and in-
kind shall be verifiable from agency records.
10. Additional Work. In the event the County shall require changes in the scope,character,or complexity of
the work to be performed,and said changes cause an increase or decrease in the time required or the costs
to the Contractor for performance,an equitable adjustment in fees and completion time shall be negotiated
between the parties and this Agreement shall be modified accordingly by a supplemental Agreement. Any
claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any
work covered in the anticipated supplemental Agreement. Any change in work made without such prior
supplemental Agreement shall be deemed covered in the compensation and time provisions of this
Agreement.
11. Independent Contractor. Contractor agrees that Contractor is an independent contractor and that neither
Contractor nor Contractor's agents or employees are,or shall be deemed to be,agents or employees of the
County for any purpose. Contractor shall have no authorization,express or implied,to bind the County to
any agreement,liability,or understanding. The parties agree that Contractor will not become an employee
of County,nor is Contractor entitled to any employee benefits from County as a result of the execution of
this Agreement.
12. Warranty. Contractor warrants that services performed under this Agreement will be performed in a
manner consistent with the professional standards governing such services and the provisions of this
Agreement.
13. Reports County Property. All reports,test results and all other tangible materials produced in
connection with the performance of this Agreement,whether or not such materials are in completed form,
shall at all times be considered the property of the County. Contractor shall not make use of such material
for purposes other than in connection with this Agreement without prior written approval of County.
14. Acceptance of Product not a Waiver. Upon completion of the work,Contractor shall submit to County
originals of all test results,reports,etc.,generated during completion of this work. Acceptance by County
of reports and incidental material furnished under this Agreement shall not in any way relieve Contractor of
responsibility for the quality and accuracy of the work. Acceptance by the County of,or payment for, any
services performed under this Agreement shall not be construed as a waiver of any of the County's rights
under this Agreement or under the law generally.
15. Insurance and Indemnification. Contractor shall defend and indemnify County, its officers and agents,
from and against loss or liability arising from Contractor's acts,errors or omissions in seeking to perform
its obligations under this Agreement. Contractor shall provide necessary workers' compensation insurance
at Contractor's own cost and expense.
16. Termination. Either party may terminate this Agreement at any time by providing the other party with a
30 day written notice thereof. Furthermore, this Agreement may be terminated at any time without notice
upon a material breach of the terms of the Agreement. In the event of an early termination,Contractor shall
be paid for work performed up to the time of notice and County shall be entitled the use of all material
generated pursuant to this Agreement.
17. Non-Assignment. Contractor may not assign or transfer this Agreement,any interest therein or claim there
under,without the prior written approval of County.
3
18. Access to Records. County shall have access to Contractor's financial records as they relate to this
Agreement for purposes of audit. Such records shall be complete and available for audit 90 days after final
payment hereunder and shall be retained and available for audit purposes for at least five years after final
payment hereunder.
19. Time of Essence. Time is of the essence in each and all of the provisions of this Agreement.
20. Interruptions.Neither party to this Agreement shall be liable to the other for delays in delivery or failure
to deliver or otherwise to perform any obligation under this Agreement,where such failure is due to any
cause beyond its reasonable control,including but not limited to Acts of God,fires,strikes,war, flood,
earthquakes or Governmental actions.
21. Notices. Any notice required to be given under this Agreement shall be in writing and shall be mailed or
delivered to the other party at that party's address as stated above.
22. Compliance. This Agreement and the provision of services hereunder shall be subject to the laws of
Colorado and be in accordance with the policies,procedures,and practices of County.
23. Non-Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other
contractors or persons to perform services of the same or similar nature.
24. Certification. Contractor certifies that Contractor is not an illegal immigrant,and further,Contractor
represents,warrants,and agrees that it has verified that Contractor does not employ any illegal aliens. If it
is discovered that Contractor is an illegal immigrant,employs illegal aliens or subcontracts with illegal
aliens, County can terminate this Agreement and Contractor may be held liable for damages.
25. Entire Agreement/Modifications. This Agreement contains the entire agreement between the parties with
respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiation,
representation, and understanding or agreements with respect to the subject matter contained in this
Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both
parties.
26. Funding Contingency. No portion of this Agreement shall be deemed to create an obligation on the part
of County to expend funds not otherwise appropriated or budgeted for.
27. No Conflict. No employee of Contractor nor any member of Contractor's family shall serve on a County
Board,committee or hold any such position which either by rule,practice or action nominates,
recommends,supervises Contractor's operations,or authorizes funding to Contractor.
28. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable, this Agreement shall be construed and enforced without such provision, to the extent that
this Agreement is then capable of execution within the original intent of the parties.
29. Governmental Immunity. No portion of this Agreement shall be deemed to constitute a waiver of any
immunity the parties or their officers or employees may possess.
30. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and
conditions of this Agreement,and all rights of action relating to such enforcement, shall be strictly reserved
to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action
whatsoever by any other person not included in this Agreement. It is the express intention of the
undersigned parties that any entity other than the undersigned parties receiving services or benefits under
this Agreement shall be an incidental beneficiary only.
31. PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101. [Not Applicable to agreements relating to
the offer, issuance, or sale of securities, investment advisory services or fund management services,
4
sponsored projects,intergovernmental agreements,or information technology services or products and
services] Contractor certifies,warrants,and agrees that it does not knowingly employ or contract with an
illegal alien who will perform work under this contract and will confirm the employment eligibility of all
employees who are newly hired for employment in the United States to perform work under this contract,
through participation in the E-Verify Program or the Department program established pursuant to CRS §8-
17.5-102(5)(c),Contractor shall not knowingly employ or contract with an illegal alien to perform work
under this contract or enter into a contract with a subcontractor that fails to certify to Contractor that the
subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this
contract. Contractor(a) shall not use E-Verify Program or Department program procedures to undertake
pre-employment screening of job applicants while this contract is being performed,(b)shall notify the
subcontractor and the contracting State agency within three days if Contractor has actual knowledge that a
subcontractor is employing or contracting with an illegal alien for work under this contract, (c) shall
terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien
within three days of receiving the notice,and(d)shall comply with reasonable requests made in the course
of an investigation, undertaken pursuant to CRS §8-17.5-102(5),by the Colorado Department of Labor and
Employment.If Contractor participates in the Department program,Contractor shall deliver to the
contracting State agency, Institution of Higher Education or political subdivision a written,notarized
affirmation,affirming that Contractor has examined the legal work status of such employee,and shall
comply with all of the other requirements of the Department program. If Contractor fails to comply with
any requirement of this provision or CRS §8-17.5-101 et seq., the contracting State agency,institution of
higher education or political subdivision may terminate this contract for breach and, if so terminated,
Contractor shall be liable for damages.
32. The term of this Agreement shall be from July 1,2011 through June 30,2012.
33. This Agreement may be terminated up thirty(30)days written notice by either party. This Agreement shall
be terminated immediately in the event of loss of funding to the AAA.
5
IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day first written above.
BOARD OF COUNTY COMMISSIONERS Rehabilitation and Visiting Nurses Association
2105 Clubhouse Drive
W D COUNTY,CO ORADO
Greeley CO 80634
arbara Kirkmeye ,Chair JUL 18 2011 By:
y
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1LeL®� Title: /� a�r,//'�J' /0j)
ATTEST:
1861t":„:
Date:Weld County Clerk to the 'e.rd
BY:
Deputy Clerk to +e Board ��•�'
WELD COUNTY DEPARTMENT OF HUMAN
SERVICE
Jud . Griego, 'rector
WELD COUNTY AREA AGENCY ON AGING
a-29 r; Lision Q
Eva M. J ell, ivision Head
6
,9C//-//D c,
1861 - 2011 MEMORANDUM
TO: Board of Commissioners DATE: May 3, 2011
FROM: Judy Griego, Weld County Department of Human Services
WEL ` r O N T Y Eva Jewell, Weld County Area Agency on Aging
SUBJECT: 2011 #B1100065
The Weld County Area Agency on Aging recommends that the Board of County Commissioners
award Title Ill and Older Coloradoan funds for to the following vendors. This Request for Proposal
process allows the vendors listed below to provide the identified services through June 30, 2015.
Each vendor will be required to complete an annual Purchase of Services Agreement since the dollar
amount of the agreement may change annually either due to overall budget changes or a change in
service needs.
Vendors:
Charles Connell, Attorney at Law (Legal services for seniors) $7,500 for FY 2012
Catholic Charities and Community Services of the Archdiocese of Denver, Inc (outreach services to
Hispanic seniors) $37,225 for FY 2012
Eldergarden (Adult Day Program services for frail and at risk seniors) $55,250 for FY 2012
Meals on Wheels (Home delivered meals to homebound seniors) $51,447
North Range Behavioral Health (Peer counseling for seniors) $49,930 for FY 2012
Rehabilitation and Visiting Nurses Association (Homemaker and personal care services for frail seniors)
$67,972
SA SA // 02011 - I ego
H ROoa
WELD COUNTY PURCHASING
915 10TH St Room #334, Greeley CO 80631
18 6 1 - 2 0 I I E-Mail: mwalters(a�co.weld.co.us
E-mail: reverettco.weld.co.us
Phone: (970) 356-4000, Ext 4222 or 4223
Fax: (970) 336-7226
WELD_ -CCOUNTY
DATE OF BID: April 15T", 2011
REQUEST FOR: TITLE 3 PROGRAMS
DEPARTMENT: Human Services Dept/Area Agency on Aging
BID NO: #B1100065
PRESENT DATE: May 9th, 2011
APPROVAL DATE: May 16`h, 2011- Moved to May 25th
VENDORS
CHARLES J CONNELL Eldergarden
2308 W. 29th Street, Ste. 200 910 27th Avenue
Greeley CO 80631 Greeley CO 80634
Rehabilitation and Visiting Nurse Association Catholic Charities and Community
2105 Clubhouse Drive Services of the Archdiocese of Denver Inc
Greeley CO 80634 4045 Pecos St.
Denver CO 80211
North Range Behavioral Health
1300 N. 17th Avenue Meals on Wheels of Greeley
Greeley CO 80631 2131 9`" Street
Greeley CO 80631
**THIS IS A CONTRACT WHICH PROVIDES SERVICE THROUGH JUNE 301", 2015)**
(REVIEW CONTRACT ANNUALLY)
**The dept is reviewing bids at this time.
37/6/0?O// oa�d
5/O701/ fin
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