HomeMy WebLinkAbout20091686.tiffRESOLUTION
RE: APPROVE FIVE PURCHASE OF SERVICE AGREEMENTS WITH VARIOUS PROVIDERS
AND AUTHORIZE CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with five Purchase of Service Agreements
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Human Services, and the
providers listed below, commencing July 1, 2009, and ending June 30, 2010, with further terms and
conditions being as stated in said agreements, and
1. Charles Connell
2. Elder Garden
3. Meals on Wheels
4. North Range Behavioral Health
5. Rehabilitation and Visiting Nurse Association
WHEREAS, after review, the Board deems it advisable to approve said agreements, copies
of which are attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the five Purchase of Service Agreements between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf
of the Department of Human Services, and the providers listed above, be, and hereby are,
approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreements.
2009-1686
Oct. H -S
SriAzg (o7
HR0080
RE: FIVE PURCHASE OF SERVICE AGREEMENTS WITH VARIOUS PROVIDERS
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 20th day of July, A.D., 2009, nunc pro tunc July 1, 2009.
ATTEST:
Weld County Clerk to the
BY:
Deputy Cle to the Board
ounty Attorney
Date of signature
Sf
BOARD OF COUNTY COMMISSIONERS
WELD COlJJNTCOLORADO
GV
William F. Garcia, Chair
Dow as Rad-m. c er, Pro -Tern
Sean P. Conway
arra Kirkmeyer
David E. Long
2009-1686
H R0080
MEMORANDUM
DATE: July 16, 2009
"IO William F. Garcia, Chair, Board o Co my mr
11111€ FROM: Judy A. Griego, Director, Huma Servic s Depa
•
COLORADO 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. The contracts are funded through the Older Americans Act fund and/or the
Older Coloradoan funds. The budget for these dollars was approved by the board in May 2009.
These Agreements were presented at the Board's June 30, 2009, Work Session.
No
Provider/Term
Program Area
Units of Service/
Contract Amount
1
Charles Connell
July 1, 2009 - June 30, 2010
Legal Services
230
Max. $7,500.00
2
Eldergarden
July 1, 2009 - June 30, 2010
Adult Day Services
4,604
Max. $55,250.00
3
Meals on Wheels
July 1, 2009 - June 30, 2010
Home Delivered Meals
Max. $72,547.00
4
North Range Behavioral Health
July 1, 2009 - June 30, 2010
Peer Counseling
Services
2,535
Max. $49,930.00
5
Rehabilitation and Visiting Nurse
Association
July 1, 2009 - June 30, 2010
Home Health Care
3,113
Max. $67,972.00
If you have any questions, give me a call at extension 6510.
2009-1686
PURCHASE OF SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this 1st day of July, 2009 by and between
the County of Weld, State of Colorado, by and through the Board of County Commissioners, 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 Law, 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" is mandated to provide for legal services, as defined in the Older
Americans Act to 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 that:
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".
Page Two
Agreement - 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, 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 2009-2010. 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 $ 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. 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. No portion of this Agreement shall be deemed to constitute a waiver of any immunities
the parties or their officers or employees may possess, nor shall any portion of this
agreement he deemed to have created a duty of care with respect to any persons not a
party to this Agreement.
11. No portion of this Agreement shall be deemed to create an obligation on the part of the
County of Weld, State of Colorado, to expend funds not otherwise appropriated in each
succeeding year.
12. If any section, subsection, paragraph, sentence, clause, or phrase of this Agreement is for
any reason held or decided to be unconstitutional, such decision shall not affect the
validity of the remaining portions. The parties hereto declare that they would have
entered into this Agreement and each and every section, subsection, paragraph, sentence,
clause, and phrase thereof irrespective of the fact that any one or more sections,
subsections, paragraphs, sentences, clauses, or phrases might be declared to be
unconstitutional or invalid.
Page Three
Agreement - CONNELL
13. The term of this Agreement shall be from July 1, 2009 through June 30, 2010. The
Agreement will be evaluated in November of each year by both parties and the terms of
the Agreement will be mutually agreed up and established in an amendment to the
Agreement. The basis for renegotiation of the Agreement will be satisfactory
performance of the provider, availability of funds, priorities as established by the Area
Agency on Aging, and need for the service.
14. This agreement may be terminated upon (30) days written notice by either party. This
Agreement shall be terminated immediately in the event of loss of funding to the Area
Agency on Aging.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the first
day above written.
BOARD OF COUNT COMMISSIONERS CHARLES J. CONNELL,EY
A ,� :%7
/l
William F. Garcia, Chair
ATTEST:
Weld County Clerk to the Boar
e Board
JUL 2 0 2009
l esS. con 1, Attorney at Law
WELD COUNTY DEPARTMENT OF
HUMAN SERVICES
ELD COUNTY AREA AGENCY ON AGING
Vision Head
u�ec f —/6c?
PURCHASE OF SERVICE AGREEMENT
THIS AGREEMENT, made and entered into this 1V` day of July, 2009 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 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:
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 $55,250 to "Eldergarden."
2. "Eldergarden" agrees to provide 4 604 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 $12.00.
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, 2010.
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.
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:
1
.37CG`%-/�e6
a. Agrees that the project will be carried out in accordance with the Federal program and fiscal
regulations, the policies and procedures established for grants by the State Agency, and the terms
and conditions of the project application approved by "AAA" in making this award of fund;
specifically, agrees to abide by the dollar amounts as shown in the budget by program and cost
categories.
b. Understands that if there is Federal/State cash 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.
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,
To submit monthly financial and programmatic reports to the "AAA" by the I Oth of the
following month;
To submit a final financial report within 45 days after the end of the project year;
To submit other reports to the "AAA" as requested;
Maintain a computer system that will be able to manage all required "AAA" reporting
software;
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.
R. 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. No portion of the Agreement shall be deemed to constitute a waiver of any immunities the parties or their
2
officers or employees may possess, nor shall any portion of this Agreement be deemed to have created a
duty of care with respect to any persons not a party of the Agreement.
11. No portion of the Agreement shall be deemed to create an obligation on the part of the County of Weld,
State of Colorado, to expend funds not otherwise appropriated in each succeeding year.
12. If any section, subsection paragraph, sentence, clause, or phrase of this Agreement is for any reason held or
decided to be unconstitutional, such decision shall not affect the validity of the remaining portions. The
parties hereto declare that they would have entered into this Agreement and each and every section,
subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more
sections subsections, paragraphs, sentences clauses, or phrases might be declared to be unconstitutional or
invalid.
13. The term of this Agreement shall be from July 1, 2009 through June 30, 2010. The Agreement will be
evaluated in November by both parties. The basis for renegotiation of the Agreement will be satisfactory
performance of the provider, availability of funds, priorities as established by the Area Agency on Aging
and need for the service.
14. 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 CO COMMISSIONERS
William F. Garcia, Chair
JUL 2 0 2009
3
Weld County Clerk to the Board
ELDERGARDEN
Ct r_ J L G[ u.
.Judy'VanEgdom, Executive ctor
7 L
WELD COUNTY DEPARTMENT OF HUMAN
SERVICES
WELD COUNTY? REA AGENCY ON AGING
a M. Jewell, P ' ist rn Head
�?C09- /Aft,
PURCHASE OF SERVICE AGREEMENT
THIS AGREEMENT, made and entered into this 1s' day of July, 2009 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 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 homebound seniors from "MOW,"
NOW THEREFORE, it is mutually agreed:
1. The "AAA" hereby agrees to award grant monies (under the Older Americans Act, Older Coloradoan
Funds and ARRA Funds) in the sum of $72,547 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 18,137 meals to approximately 150 seniors with a goal of reaching 45 rural
seniors, 30 Hispanic seniors and 150 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, 2010.
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
Govemment.
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.
1
&cr2-/60 6
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. Agrees that the project will be carried out in accordance with the Federal program and fiscal
regulations, the policies and procedures established for grants by the State Agency, and the terms
and conditions of the project application approved by "AAA" in making this award of fund;
specifically, agrees to abide by the dollar amounts as shown in the budget by program and cost
categories.
b. Understands that if there is Federal/State cash 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,
To submit monthly financial and programmatic reports to the "AAA" by the 10th of the
following month;
To submit a final financial report within 45 days after the end of the project year;
To submit other reports to the "AAA" as requested;
Maintain a computer system that will be able to manage all required "AAA" reporting
software;
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 'MOW" against recipients of or applicants for services.
Agrees to have a policy and procedure for wait lists that meets the requirements set forth by the
"AAA".
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 grand 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 -
2
kind shall be verifiable from agency records.
10. No portion of the Agreement shall be deemed to constitute a waiver of any immunities the parties or their
officers or employees may possess, nor shall any portion of this Agreement be deemed to have created a
duty of care with respect to any persons not a party of the Agreement.
11. No portion of the Agreement shall be deemed to create an obligation on the part of the County of Weld,
State of Colorado, to expend funds not otherwise appropriated in each succeeding year.
12. If any section, subsection paragraph, sentence, clause, or phrase of this Agreement is for any reason held or
decided to be unconstitutional, such decision shall not affect the validity of the remaining portions. The
parties hereto declare that they would have entered into this Agreement and each and every section,
subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more
sections subsections, paragraphs, sentences clauses, or phrases might be declared to be unconstitutional or
invalid.
13. The term of this Agreement shall be from July I, 2009 through June 30, 2010. The Agreement will be
evaluated in November by both parties. The basis for renegotiation of the Agreement will be satisfactory
performance of the provider, availability of funds, priorities as established by the Area Agency on Aging
and need for the service.
14. 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.
TY COMMISSIONERS
William F. Garcia, Chair
JUL 2 0 2009
ATTEST:
Weld County Clerk to the Boar
By:
Deputy Clerk e Board
3
MEALS ON WHEELS
WELD COUNTY DEPARTMENT HUMAN
SERVICES
WELD COUNTY AREA AGENCY ON AGING
Dq
Eva M. Jewell dJivlsTon Head
SOD 2 -/lv a'e,
PURCHASE OF SERVICE AGREEMENT
THIS AGREEMENT, made and entered into this 1st day of July, 2009 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 older adults who reside in Weld
County from "NRBH,"
NOW THEREFORE, it is mutually agreed:
The "AAA" hereby agrees to award grant monies (under the Older Americans Act and the Older
Coloradoan Funds) 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 support the goal of a comprehensive and coordinated system of services by maintaining
regular participation on the Community Resource Network formally known as the Long Term Care
Coordinating Committee.
5. "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, 2010.
6. "NRBH" agrees to document and report any project income received as a result of services provided under
the Agreement.
7. "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."
8. "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
Government.
9. 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",
1
shall be incorporated in written amendments to this Agreement and in appropriate revisions to the grant
proposal.
10. "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. Agrees that the project will be carried out in accordance with the Federal program and fiscal
regulations, the policies and procedures established for grants by the State Agency, and the terms
and conditions of the project application approved by "AAA" in making this award of fund;
specifically, agrees to abide by the dollar amounts as shown in the budget by program and cost
categories.
b. Understands that if there is Federal/State cash 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,
To submit monthly financial and programmatic reports to the "AAA" by the 10th of the
following month;
To submit a final financial report within 45 days after the end of the project year;
To submit other reports to the "AAA" as requested;
Maintain a computer system that will be able to manage all required "AAA" reporting
software;
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 "NRBH" against recipients of or applicants for services.
Agrees to have a policy and procedure for wait lists that meets the requirements set forth by the
"AAA".
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
2
federal grand 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.
No portion of the Agreement shall be deemed to constitute a waiver of any immunities the parties or their
officers or employees may possess, nor shall any portion of this Agreement be deemed to have created a
duty of care with respect to any persons not a party of the Agreement.
12. No portion of the Agreement shall be deemed to create an obligation on the part of the County of Weld,
State of Colorado, to expend funds not otherwise appropriated in each succeeding year.
13. If any section, subsection paragraph, sentence, clause, or phrase of this Agreement is for any reason held or
decided to be unconstitutional, such decision shall not affect the validity of the remaining portions. The
parties hereto declare that they would have entered into this Agreement and each and every section,
subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more
sections subsections, paragraphs, sentences clauses, or phrases might be declared to be unconstitutional or
invalid.
14. The term of this Agreement shall be from July I, 2009 through June 30, 2010. The Agreement will be
evaluated in November by both parties. The basis for renegotiation of the Agreement will be satisfactory
performance of the provider, availability of funds, priorities as established by the Area Agency on Aging
and need for the service.
15. 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
TY COMMISSIONERS NORTH RANGE BEHAVORAL HEALTH
(A)fri- r;1ewe�i
illiam F. Garcia, Chair Wayne M5xwell, Executive Director
JUL 2 0 2009
WELD COUNTY DEPARTMENT OF HUMAN
SERVICES
WELD COUNTY AREA AGENCY ON AGING
vision Head
ATTEST:
Weld County Clerk to the Board
By: / (S<D-E-> - (�
ail
Deputy Clerk t e Board
PURCHASE OF SERVICE AGREEMENT
THIS AGREEMENT, made and entered into this 1" day of July, 2009 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 Rehabilitation
and 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:
The "AAA" hereby agrees to award grant monies (under the Older Americans Act and State Funds) in the
sum of $67,972 to "RVNA."
3. 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 $ 21.02 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 $90.00 and Certified Nursing
Assistant services up to but not to exceed the sum of $2,500 at an hourly rate of $27.62.
4. "RVNA" agrees to provide 2,996 units of homemaker/personal care for 52 seniors with the goal of serving
20 rural seniors and 12 Hispanic seniors.
"RVNA agrees to provide 90 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 27 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.
5. "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, 2010.
6. "RVNA" agrees to document and report any project income received as a result of services provided under
the Agreement.
7. "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."
8. "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
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
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necessary to enable "AAA" to fulfill its obligation to the State of Colorado and the United States
Government.
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.
10. "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. Agrees that the project will be carried out in accordance with the Federal program and fiscal
regulations, the policies and procedures established for grants by the State Agency, and the terms
and conditions of the project application approved by "AAA" in making this award of fund;
specifically, agrees to abide by the dollar amounts as shown in the budget by program and cost
categories.
Understands that if there is Federal/State cash 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,
To submit monthly financial and programmatic reports to the "AAA" by the 10th of the
following month;
To submit a final financial report within 45 days after the end of the project year;
To submit other reports to the "AAA" as requested;
Maintain a computer system that will be able to manage all required "AAA" reporting
software;
Maintain internet access in order to transfer all required data to the "AAA".
Agrees to advise the "AAA" of needed program and financial changes and await approval from
the "AAA" prior to change implementation.
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.
Agrees to have a policy and procedure for wait lists that meets the requirements set forth by the
"AAA".
g.
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 grand 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.
No portion of the Agreement shall be deemed to constitute a waiver of any immunities the parties or their
officers or employees may possess, nor shall any portion of this Agreement be deemed to have created a
duty of care with respect to any persons not a party of the Agreement.
12. No portion of the Agreement shall be deemed to create an obligation on the part of the County of Weld,
State of Colorado, to expend funds not otherwise appropriated in each succeeding year.
13. If any section, subsection paragraph, sentence, clause, or phrase of this Agreement is for any reason held or
decided to be unconstitutional, such decision shall not affect the validity of the remaining portions. The
parties hereto declare that they would have entered into this Agreement and each and every section,
subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more
sections subsections, paragraphs, sentences clauses, or phrases might be declared to be unconstitutional or
invalid.
14. The term of this Agreement shall be from July 1, 2009 through June, 2010. The Agreement will be
evaluated in November by both parties. The basis for renegotiation of the Agreement will be satisfactory
performance of the provider, availability of funds, priorities as established by the Area Agency on Aging
and need for the service.
15. 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 CO COMMISSIONERS
William arcia, Chair
JUL 2 0 2009
ATTEST: /6.4 `r N
Weld County Clerk to the
By:
tniztt,
Deputy Clerk t. he Board
Rehabilitation and Visiting Nurses Association
uel
Crystal ay, President/CE
WELD COUNTY DEPARTMENT OF HUMAN
SERVICES
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Judy C,giego, Dijector
W LD?SUNTY
Eva M. Jewell
AGENCY ON AGING
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