HomeMy WebLinkAbout20071401.tiff RESOLUTION
RE: APPROVE AGREEMENT TO ADMINISTER FUNDS FOR PRENATAL ADVOCACY
PROGRAM AND AUTHORIZE CHAIR TO SIGN - UNITED WAY OF WELD COUNTY
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 an Agreement to Administer Funds for the
Prenatal Advocacy Program 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
Public Health and Environment,and United Way of Weld County,commencing January 1,2007,and
ending June 30, 2008, with further terms and conditions being as stated in said agreement, and
WHEREAS,after review,the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Agreement to Administer Funds for the Prenatal Advocacy Program
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 Public Health and
Environment, and United Way of Weld County be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 16th day of May, A.D., 2007, nunc pro tunc January 1, 2007.
B• ' RD OF COUNTY COMMISSIONERS
COMMISSIONERS
/ COUN7, CC}f�ADO
ATTEST: � dw
�' - E.IZt . E. Long, Chair
Weld County Clerk to the Bo ,,,w,r �1
illiam J P o-Tem
BY: ra
D ty CI-' to the Boar,, �
Willi . Garcia
7/ D AS ��%r \' � ek nc) 2
Robert D. Masden
o my Attorney
Dougla Rademacher
Date of signature: 5 I31107
2007-1401
P , 7717- C ( d\ HL0034
o lv 0-1 07
Memorandum
i TO: David E. Long, Chair
OBoard of County Commissioners
• From: Mark E. Wallace, MD, MPH, Director
COLORADO Department of Public Health and
Environment � j €
DATE: May 14, 2007 4 ! N
SUBJECT: Agreement to Administer United Way
Funds
Enclosed for Board review and approval is an agreement between United Way of Weld County
and the Weld County Board of Commissioners on behalf of the Weld County Department of
Public health and Environment.
Through this agreement United Way will provide funding in the amount of$64,059 to the Health
Department for the time period January 1, 2007 through June 30, 2008. The Health Department
will provide a full-time staff person to serve as the Prenatal Community Outreach Coordinator
Specialist(PCOCS). This staff person will identify local health care providers accepting
Medicaid clients for prenatal care and refer clients to these providers. She will also provide
assistance and facilitation of the Medicaid application process to the clients with the goal of
entry into prenatal care during the first trimester of pregnancy. This PCOCS will also collect
data on completed first appointments and stage of pregnancy and provide reports and other
documents as required to United Way.
I recommend your approval of this agreement.
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2007-1401
AGREEMENT TO ADMINISTER UNITED WAY FUNDS
This Agreement is entered into by and between United Way of Weld County("United Way") and
the Board of Weld County Commissioners, on behalf of the Weld County Department of Public
Health and Environment ("the Health Department").
BACKGROUND INFORMATION
A. United Way has awarded funds to Weld County to provide outreach to Weld
County residents who are pregnant to inform and assist them in obtaining and
receiving prenatal care ("the Funds").
B. Health Department has agreed to collaborate with United Way in providing the
services for which the Funds are being provided.
C. The parties wish to set forth their agreement in writing.
NOW THEREFORE, in consideration of the mutual promises contained herein, the
parties agree as follows:
AGREEMENT
1. Recitals. The above set forth recitals are hereby incorporated into this
Agreement.
2. Acceptance of Funds. United Way agrees to provide Funds in the amount of
$ 21,353.00 for the 2007 funding cycle and $42,706 for the 2008 funding cycle to
Health Department, and Health Department agrees to accept said funds to provide
outreach to residents of Weld County and to assist them in application for the
Prenatal Advocacy Program ("the Prenatal Program").
3. Term. The term of this Agreement is from January 1, 2007 through June 30,
2008.
4. Administration of the Funds. The Health Department agrees to administer the
Funds in compliance with the proposal submitted to United Way. Health
Department shall provide a full-time staff person to serve as Prenatal Community
Outreach Coordinator Specialist ("PCOCS"), who shall:
a. Identify local health care providers accepting medicaid clients for prenatal
care to determine their capacity for accepting additional clients
b. Refer clients to identified health care providers.
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c. Follow up with clients to ensure first appointments were completed.
d. Assist and facilitate clients with the Medicaid approval process.
e. Collect data on completed first appointments and stage of pregnancy.
f. Provide to United Way reports and other documents as required by the
terms and conditions of the Funds.
g. To perform such other duties that are required by the Health Department in
conjunction with the requirements of the Funds and as set forth in the
Funded Partner Agency Agreement.
The PCOCS shall be employed by Health Department, and shall therefore be a Weld County
employee, subject to the responsibilities and benefits of the Weld County Employee Personnel
Policy Handbook, Chapter 3 of the Weld County Code.
5. Support From United Way. United Way agrees to do the following:
a. Support and promote the Health Department in operating the Prenatal
Advocacy Program through publicity and activities.
b. Act as fiscal agent
c. Work with the Health Department to meet the program goals, evaluate the
program, and problem solve issues as they arise.
d. Reimburse the Health Department by the 30`h of the month that quarterly
invoices are received.
e. Recognize the Health Department as a partnering agency for the Funds
through press release and other publicity efforts.
f. Inform the Health Department of public information that is provided to the
public in relation to the Funds and to this Agreement.
6. Use of Funds. The funds provided to Health Department by United Way
pursuant to this Agreement, are restricted to the purposes set forth in this
Agreement. Any part of the Funds not so used within the term of this Agreement
must be returned to United Way within 30 days after the completion of the project
or upon the expiration of the term of this Agreement.
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United Way and Weld County agree that second year funding received through the
United Way is not available until the beginning of the second year. These funds
are a function of the collection of the United Way campaign pledges and accounts
receivable, as well as other factors. Therefore, the agency agrees to abide by the
discretionary distribution of United Way funds and acknowledges that if United
Way funds are not available because of reduced receipts, that Weld County's
allocation may be adjusted or reduced.
This Agreement is dependent upon United Way of Weld County collectibles for
the 2007 and 2008 campaign. Therefore United Way of Weld County reserves the
right to adjust this Agreement, should it become necessary, based upon the
collectibles.
7. Accounting and Records.
a. Health Department agrees to maintain adequate accounting records and to
obtain documentation for all expenditures of Funds.
b. Health Department agrees to maintain records of accounts consistent with
generally accepted accounting principles, and to provide for such fiscal
control as is necessary to assure proper disbursing of, and accounting for,
project Funds.
c. Health Department will make a good faith effort to provide information
concerning accounts and documentation relating to the project
expenditures which will be adequate to permit an accurate and expeditious
audit, should an audit be requested by United Way. Any audit requested
may be conducted during regular business hours and upon 24 hours notice.
8. Changes in activities or expenses. Any significant change in project activities or
expenses must receive prior written approval from United Way. These changes
include, but are not limited to, changes in the project's scope, purpose or
activities, changes in expenses of more than 20 percent of an approved budget
category, and changes in the duration of the grant period.
9. Payment of Funds. United Way shall pay the Funds as follows:
Health Department shall present a statement of services to United Way as soon as
practical after March 31, 2007, and each third month thereafter(i.e., the next
statement of services should be presented to United Way as soon as practical after
June 30, 2007, etc.) throughout the term of this Agreement.. Payments shall be
made by United Way to Health Department within 30 days after receipt by United
Way of the statement of services from Health Department.
10. Termination. In the event that the Health Department fails to meet the terms of
this Agreement, United Way may terminate this Agreement upon forty-five (45)
days written notice to the Health Department. Health Department may terminate
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this Agreement for any reason upon forty-five (45) days written notice to United
Way.
In the event that this Agreement is terminated prior to the end of the Agreement
term, Health Department shall, within 30 days of the effective date of the
termination, repay to United Way all unexpended Funds. Health Department shall
provide to United Way a full and complete accounting of all receipts and
disbursements of funds and expenditures incurred under this Agreement through
the effective date of termination of this Agreement. Likewise, any additional
funds that are due and owing to Weld County and have not yet been paid, will be
paid to Weld County by United Way.
11. Compliance with HIPAA. The parties agree to comply with the Health
Insurance Portability and Accountability Act of 1996, as codified at 42 U.S.C.
section 1320d ("HIPAA") and any current and future regulations promulgated
thereunder including without limitation the federal privacy regulations contained
in 45 C.F.R. Parts 160 and 164 ("the Federal Privacy Regulations"), and the
federal standards for electronic transactions contained in 45 C.F.R. Parts 160 and
162, all collectively referred to herein as "HIPAA Requirements." The parties
agree not to use or further disclose any Protected Health Information (as defined
in 45 C.F.R. section 164.501) or Individually Identifiably Health Information (as
defined in 42 U.S.C. Section 1320d) other than as permitted by HIPAA
Requirements and the terms of this Agreement. To the extent applicable under
HIPAA, the parties shall make internal practices, books, and records relating to
the use and disclosure of Protected health Information available to the Secretary of
Health and Human Services to the extent required for determining compliance
with the Federal Privacy Regulations.
12. No Waiver of Governmental Immunities. Notwithstanding the provisions
stated herein, nothing in this Agreement is intended as a waiver by Health
Department of governmental immunity rights pursuant to state or federal law.
13. Budgeting. Nothing in this Agreement shall be construed to require Weld County
to expend funds not previously budgeted.
14. Independent Parties. The parties to this Agreement intend that the relationship
between them contemplated by this Agreement is that of independent entities
working in mutual cooperation. No employee, agent, or servant of one party shall
be or shall be deemed to be an employee, agent, or servant of another party to this
Agreement.
15. Agreement not Assignable. This Agreement shall not be assignable to any third
party.
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16. Notices. Any notice provided for in this Agreement shall be in writing and shall
be served by personal delivery or by certified mail, return receipt requested,
postage prepaid, at the addresses set forth in this Agreement, until such time as
written notice of a change is received from the party wishing to make a change of
address. Any notice so mailed and any notice served by personal delivery shall be
deemed delivered and effective upon receipt or upon attempted delivery.
United Way: United Way of Weld County
P.O. Box 1944
Greeley, Colorado 80632
Health Department: Mark E. Wallace, M.D., M.P.H.
Weld County Department of Public Health
and Environment
1555 N. 17th Avenue
Greeley, Colorado 80631
17. Entire Agreement-- Modification. This Agreement contains the entire
Agreement and understanding between the parties to this Agreement and
supersedes any other agreements concerning the subject matter of this transaction,
whether oral or written. No modification, amendment, novation, renewal, or other
alteration of or to this Agreement shall be deemed valid or of any force or effect
whatsoever, unless mutually agreed upon in writing by the undersigned parties.
No breach of any term, provision, or clause of this Agreement shall be deemed
waived or excused, unless such waiver or consent shall be in writing and signed
by the party claimed to have waived or consented. Any consent by any party
hereto, or waiver of, a breach by any other party, whether express or implied, shall
not constitute a consent to, waiver of, or excuse for any other different or
subsequent breach.
18. Provisions Severable. 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 a provision, to the extent this Agreement is then capable of
execution within the original intent of the parties.
19. No Third Party Enforcement. It is expressly understood and agreed that
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 contained 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
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deemed an incidental beneficiary only.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this 16th
day of May , 2007.
COUNTY OF WELD, STATE OF COLO lE 1L
BY AND THROUGH THE BOARD OF ® �TEST: JJLa✓
COUNTY COMMISSIONERS OF WE�� •t, -'! ��
ON BEHALF OF THE WELD COUN 361 k %.. '�` RK TO THE BOARD
DEPARTMENT OF PUBLIC HEALT
IRONMENT ``� a � 'I4 .n'� 104�dV F D ty Cles to the Board
By: David E. Long, Chair
M 1 6 2007 APPROVED:
Mark E. Wallace, M.D., M.P.H.
UNITED WAY
B : Kevin S 'ndt, Chair
By: J annine Truswell, Executive Director
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