HomeMy WebLinkAbout20061137.tiff RESOLUTION
RE: APPROVE CONTRACT FOR 2007 AREA AGENCY ON AGING PROGRAMS 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 EREAS,the Board has been presented with a Contract for 2007 Area Agency on Aging
Programs 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,Area Agency on
Aging, and the Colorado Department of Human Services, commencing July 1, 2006, and ending
June 30, 2007, with further terms and conditions being as stated in said contract, and
WHEREAS,after review,the Board deems it advisable to approve said contract, 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 Contract for 2007 Area Agency on Aging Programs 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, Area Agency on Aging, and the Colorado
Department of Human Services be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said contract.
The above and foregoing Resolution was,on motion duly made and seconded, adopted by
the following vote on the 19th day of April, A.D., 2006.
BOARD OF COUNTY COMMISSIONERS
_�� ���� WELD C TY, COLORADO
ATTEST: '� to �'I 4
M. J ile, Chair
Weld County Clerk to the Boar
/ David E. Long, Pro-Tern
BY. ' GGG
Deputy Clerk to
Wil .am . Jerke APP AS TO ;,,C? �'� ��
,,.°�` �
�,
fiff T { Robert D. Masd
unty Attorney i ,/1/1
Glenn Vaad
Date of signature: 041.-/q-OG�
2006-1137
HR0077
(` s (4 0LI ro&-o
MEMORANDUM
re
f DATE: April 14, 2006
111 I
TO: M.J. Geile, Chair, Weld County Board of Commissioners
O FROM:Walter Speckman, Executive Director, Division of Human ' rL+"
COLORADO•Services l,)
SUBJECT: Weld County Area Agency on Aging State and Federal
Fiscal Year 2007
Enclosed for Board approval is the 2007 Federal and State Funding Budget request for Senior
Services for the Weld County Area Agency on Aging. The budget of$828,695 represents the
Federal Fiscal Year 2007 and State Fiscal Year 2007.
These dollars fund programs such as: the long term care ombudsman program, congregate
meals, home delivered meals, in-home services, legal program, Hispanic Senior Outreach, adult
day programs, etc.
If you have additional questions, please contact Eva Jewell, Director,Weld County Area Agency on
Aging at 353-3800, extension 3331.
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2006-1137
•
•
DEPARTMENT OF HUMAN SERVICES
ROUTING NO. 07 IHA 00064
•
CONTRACT
This contract is made and entered into by and between the named parties. In accordance with the
purposes stated herein, it is hereby agreed as follows:
STATE: CONTRACTOR:
Weld County, Colorado
State of Colorado for the use&benefit of the
Department of Human Services Weld County Division of Human Services,
Division of Aging and Adult Services Area Agency on Aging
1575 Sherman St., 10th Floor 1551 North 17th Ave.,P.O. Box 1805
Denver,CO 80203 Greeley,CO 80632
CONTRACT MADE DATE: CONTRACTOR ENTITY TYPE:
07/01/2006 Government
CONTRACTOR FEIN OR SOCIAL SECURITY NUMBER
PO/SC ENCUMBERANCE NUMBER: 846000813 G
PO IHA REG02B07064 BILLING STATEMENTS RECEIVED:
TERM: Monthly
This contract shall be effective upon approval STATUTORY AUTHORITY:
by the State Controller, or designee,or on See Exhibit A
07/01/2006,whichever is later. The contract CONTRACT PRICE NOT TO EXCEED:
shall end on 06/30/2007.
$ 838,011.18
MAXIMUM AMOUNT AVAILABLE PER FISCAL YEAR
PROCUREMENT METHOD: FY 07$ 838,011.18
Law Specified Vendor
BID/RFP/LIST PRICE AGREEMENT NUMBER
Not Applicable
LAW SPECIFIED VENDOR STATUTE: PRICE STRUCTURE:
Federal Older Americans Act Cost Reimbursement
C.R.S. 26-11-100.1,et seq.
FUND SOURCE-NAME OF FEDERAL PROGRAM/GRANT AND FUNDS ID#
Fed.Approx. 71% State Approx. 29%
STATE REPRESENTATIVE: CONTRACTOR REPRESENTATIVE:
Jeanette Hensley, Director Walter J. Speckman, Executive Director
Division Of Aging And Adult Services Weld County Division of Human Services
1575 Sherman St, 10th Floor 1551 North 17th Ave.
P.O. Box 1805
Denver,CO 80203
Greeley, CO 80632
SCOPE OF WORK:
In accordance with the provisions of this contract and its exhibits and attachments, the
Contractor shall: perform the duties and responsibilities of an Area Agency on Aging for the
prescribed planning and services area.
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EXHIBITS:
The following exhibits are hereby incorporated:
Exhibit A Statement of Work
Exhibit B Miscellaneous Provisions
Exhibit C Sample AAA Funding Request
Exhibit D Sample Funding Letter
Exhibit E Sample Option Letter
COORDINATION:
The State warrants that required approval, clearance and coordination has been accomplished from and
with appropriate agencies.
APPROVAL:
In no event shall this contract be deemed valid until it shall have been approved by the State Controller or
his/her designee.
PROCUREMENT:
This contractor has been selected in accordance with the requirements of the Colorado
Procurement Code.
PRICE PROVISIONS:
Payments pursuant to this contract shall be made as earned, in whole or in part, from available funds,
encumbered for the purchase of the described services and/or deliverables. The liability of the State at
any time for such payments shall be limited to the encumbered amount remaining of such funds.
Authority exists in the laws and funds have been budgeted, appropriated and otherwise made available,
and a sufficient unencumbered balance thereof remains available for payment.
Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon
funds for that purpose being appropriated, budgeted and otherwise made available.
The Contractor understands and agrees that the State shall not be liable for payment for work or
services or for costs or expenses incurred by the Contractor prior to the proper execution and State
Controller approval of this contract.
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GENERAL PROVISIONS
The following clauses apply to this contract: otherwise stated, in the event of conflicts or
inconsistencies between this contract and its
A. Governmental Immunity/Limitation of Liability: exhibits or attachments, such conflicts shall be
Notwithstanding anything herein to the contrary, resolved by reference to the documents in the
no term or condition of this contract shall be following order of priority: 1) the Special
construed or interpreted as a waiver, express or Provisions of this contract shall always be
implied, of any of the immunities, rights, controlling over other provisions in the contract
benefits, protection, or other provisions of the or amendments;2)the contract"cover"pages;3)
"Colorado Governmental Immunity Act", C.R.S. the exhibits to this contract 4) the General
§24-10-101, et seq., as now or hereinafter Provisions of this contract.
amended. The parties understand and agree that
the liability of the State for claims for injuries to E. Notice and Representatives: For the purposes of
persons or property arising out of negligence of this contract,the representative for each party is as
the State of Colorado, its departments, designated herein. Any notice required or
institutions, agencies, boards, officials and permitted may be delivered in person or sent by
employees is controlled and limited by the registered or certified mail, return receipt
provisions of C.R.S. §24-10-101, et seq., as now requested,to the party at the address provided,and
or hereafter amended and the risk management if sent by mail it is effective when posted in a U.S.
statutes, C.R.S. §24-30-1501, et seq., as now or Mail Depository with sufficient postage attached
hereafter amended. Any liability of the State thereto. Notice of change of address or change or
created under any other provision of this representative shall be treated as any other notice.
contract, whether or not incorporated herein by
reference, shall be controlled by, limited to, and F. Contractor Representations- Qualifications/
otherwise modified so as to conform with, the Licenses/ Approvals/Insurance: The Contractor
above cited laws. certifies that, at the time of entering into this
contract, it and its agents have currently in effect
B. Federal Funds Contingency: Payment pursuant to all necessary licenses, certifications, approvals,
this contract, if in federal funds, whether in insurance, etc. required to properly provide the
whole or in part, is subject to and contingent services and/or supplies covered by this contract
upon the continuing availability of federal funds in the state of Colorado. Proof of such licenses,
for the purposes hereof. In the event that said certifications, approvals, insurance, etc. shall be
funds, or any part thereof, become unavailable, provided upon the State's request. Any
as determined by the State, the State may revocation, withdrawal or nonrenewal of
immediately terminate this contract or amend it necessary license, certification, approval,
accordingly. insurance, etc. required for the Contractor to
properly perform this contract, shall be grounds
C. Billing Procedures:The State shall establish billing for termination of this contract by the State.
procedures and requirements for payment due the
Contractor in providing performance pursuant to Contractor certifies that it is qualified to perform
this contract. The Contractor shall comply with the such services or provide such deliverables as
established billing procedures and requirements for delineated in this contract.
submission of billing statements. The State shall
comply with CRS 24-30-202(24) when paying The Contractor certifies to the best of its
vendors upon receipt of a correct notice of the knowledge and belief that the Contractor, its
amount due for goods or services provided principals, and authorized subcontractors are not
hereunder. presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily
D. Exhibits- Interpretation: Unless otherwise stated, excluded from participation in this transaction by
all referenced exhibits are incorporated herein and any federal department or agency. This paragraph
made a part of this contract. And, unless
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` applies if payments to the Contractor under this Insurance policies (leases and construction
contract in federal funds equal$100,000 or more. contracts will require the additional insured
coverage for completed operations on
G. Legal Authority: The Contractor warrants that it endorsements CG 2010 11/85, CG 2037, or
possesses the legal authority to enter into this equivalent). Coverage required of the
contract and that it has taken all actions required contract will be primary over any insurance
by its procedures, by-laws, and/or applicable law or self-insurance program carried by the
to exercise that authority,and to lawfully authorize State of Colorado.
its undersigned signatory to execute this contract 4. The Insurance shall include provisions
and bind the Contractor to its terms. The person(s) preventing cancellation or non-renewal
executing this contract on behalf of the Contractor without at least 45 days prior notice to the
warrant(s) that such person(s) have full State by certified mail.
authorization to execute this contract. 5. The contractor will require all insurance
policies in any way related to the contract
H. Insurance - Contractor: The contractor shall and secured and maintained by the
obtain, and maintain at all times during the term contractor to include clauses stating that
of this contract, insurance in the following kinds each carrier will waive all rights of recovery,
and amounts: under subrogation or otherwise, against the
State of Colorado, its agencies, institutions,
1. Workers' Compensation Insurance as organizations, officers, agents, employees
required by state statute, and Employer's and volunteers.
Liability Insurance covering all of 6. All policies evidencing the insurance
contractor's employees acting within the coverages required hereunder shall be issued
course and scope of their employment. by insurance companies satisfactory to the
2. Commercial General Liability Insurance State.
written on ISO occurrence form CG 00 01 7. The contractor shall provide certificates
10/93 or equivalent, covering premises showing insurance coverage required by this
operations, fire damage, independent contract to the State within 7 business days
contractors, products and completed of the effective date of the contract, but in
operations, blanket contractual liability, no event later than the commencement of
personal injury, and advertising liability the services or delivery of the goods under
with minimum limits as follows: the contract. No later than 15 days prior to
a. $1,000,000 each occurrence; the expiration date of any such coverage,the
b. $1,000,000 general aggregate; contractor shall deliver the State certificates
c. $1,000,000 products and completed of insurance evidencing renewals thereof.
operations aggregate; and At any time during the term of this contract,
d. $50,000 any one fire. the State may request in writing, and the
contractor shall thereupon within 10 days
If any aggregate limit is reduced below supply to the State, evidence satisfactory to
$1,000,000 because of claims made or paid, the State of compliance with the provisions
the contractor shall immediately obtain of this section.
additional insurance to restore the full 8. Notwithstanding subsection A of this
aggregate limit and fumish to the State a section, if the contractor is a "public entity"
certificate or other document satisfactory to within the meaning of the Colorado
the State showing compliance with this Governmental Immunity Act CRS 24-10-
provision. 101, et seq., as amended ("Act'), the
contractor shall at all times during the term
e. Automobile Liability Insurance of this contract maintain only such liability
covering any auto (including owned, insurance, by commercial policy or self-
hired and non-owned autos) with a insurance, as is necessary to meet its
minimum limit as follows: $1,000,000 liabilities under the Act.Upon request by the
each accident combined single limit. State, the contractor shall show proof of
f Professional liability insurance with such insurance satisfactory to the State.
minimum limits of liability of not less
than$1,000,000. I. Rights in Data, Documents and Computer
3. The State of Colorado shall be named as Software or Other Intellectual Property:
additional insured on the Commercial All intellectual property including without
General Liability and Automobile Liability limitation, databases, software, documents,
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research, programs and codes, as well as all, The Contractor shall protect the confidentiality
reports, studies, data, photographs, negatives or of all records and other materials containing
other documents, drawings or materials prepared personally identifying information that are
by the contractor in the performance of its maintained in accordance with this contract.
obligations under this contract shall be the Except as provided by law, no information in
exclusive property of the State. Unless possession of the Contractor about any
otherwise stated, all such materials shall be individual constituent shall be disclosed in a
delivered to the State by the contractor upon form including identifying information without
completion, termination, or cancellation of this the prior written consent of the person in interest,
contract. Contractor shall not use, willingly a minor's parent, guardian, or the State. The
allow or cause to have such materials used for Contractor shall have written policies governing
any purpose other than the performance of the access to, duplication and dissemination of, all
contractor's obligations under this contract such information and advise its agents, if any,
without a prior written consent of the State. All that they are subject to these confidentiality
documentation, accompanying the intellectual requirements. The Contractor shall provide its
property or otherwise, shall comply with the agents, if any, with a copy or written explanation
State requirements which include but is not of these confidentiality requirements before
limited to all documentation being in a paper, access to confidential data is permitted.
human readable format which is useable by one
who is reasonably proficient in the given subject The Contractor authorizes the State, the federal
area. government or their designee, to perform audits
and/or inspections of its records, at any
J. Proprietary Information: Proprietary information reasonable time, to assure compliance with the
for the purpose of this contract is information state or federal government's terms and/or to
relating to a party's research, development, trade evaluate the Contractor's performance. Any
secrets, business affairs, internal operations and amounts the State paid improperly shall be
management procedures and those of its immediately returned to the State or may be
customers,clients or affiliates,but does not include recovered in accordance with other remedies.
information lawfully obtained by third parties,
which is in the public domain, or which is All such records, documents, communications,
developed independently. and other materials shall be the property of the
State unless otherwise specified herein and shall
Neither party shall use or disclose directly or be maintained by the Contractor, for a period of
indirectly without prior written authorization any three(3)years from the date of final payment or
proprietary information concerning the other party submission of the final federal expenditure report
obtained as a result of this contract. Any under this contract, unless the State requests that
proprietary information removed from the State's the records be retained for a longer period, or
site by the Contractor in the course of providing until an audit has been completed with the
services under this contract will be accorded at following qualification. If an audit by or on
least the same precautions as are employed by the behalf of the federal and/or state government has
Contractor for similar information in the course of begun but is not completed at the end of the three
its own business. (3)year period,or if audit findings have not been
resolved after a three (3) year period, the
K. Records Maintenance, Performance Monitoring& materials shall be retained until the resolution of
Audits: The Contractor shall maintain a complete the audit findings.
file of all records, documents, communications,
and other materials that pertain to the operation The Contractor shall permit the State, any other
of the program/project or the delivery of services governmental agency authorized by law, or an
under this contract. Such files shall be sufficient authorized designee thereof, in its sole
to properly reflect all direct and indirect costs of discretion, to monitor all activities conducted by
labor, materials, equipment, supplies and the Contractor pursuant to the terms of this
services, and other costs of whatever nature for contract. Monitoring may consist of internal
which a contract payment was made. These evaluation procedures,reexamination of program
records shall be maintained according to data, special analyses, on-site verification,
generally accepted accounting principles and formal audit examinations, or any other
shall be easily separable from other Contractor procedures as deemed reasonable and relevant.
records. All such monitoring shall be performed in a
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manner that will not unduly interfere with 3. The employee's partner;or
contract work. 4. An organization which employees, or is
about to employ,any of the above,
L. Taxes: The State, as purchaser, is exempt from has a financial or other interest in the firm
all federal excise taxes under Chapter 32 of the selected for award. Neither the Contractor nor
Internal Revenue Code [No. 84-730123K] and its agent(s) will solicit nor accept gratuities,
from all state and local government use taxes favors, or anything of monetary value from
[C.R.S. §39- 26-114(a) and 203, as amended]. Contractor's potential contractors, or parties to
The contractor is hereby notified that when subagreements.
materials are purchased for the benefit of the
State, such exemptions apply except that in N. Conformance with Law: The Contractor and its
certain political subdivisions the vendor may be agent(s) shall at all times during the term of this
required to pay sales or use taxes even though contract strictly adhere to all applicable federal
the ultimate product or service is provided to the laws, state laws, Executive Orders and
State. These sales or use taxes will not be implementing regulations as they currently exist
reimbursed by the State. and may hereafter be amended. Without
limitation, these federal laws and regulations
M. Conflict of Interest: During the term of this include:
contract, the Contractor shall not engage in any • Age Discrimination Act of 1975, 42 U.S.C.
business or personal activities or practices or Section 6101 et seq. and its implementing
maintain any relationships which conflict in any regulation,45 C.F.R.Part 91;
way with the Contractor fully performing his/her • Age Discrimination in Employment Act of
obligations under this contract. 1967,29 U.S.C.621 et seq.;
• Americans with Disabilities Act of 1990
Additionally, the Contractor acknowledges that, (ADA),42 U.S.C. 12101 et seq.;
in governmental contracting, even the • The Drug Free Workplace Act of 1988, 41
appearance of a conflict of interest is harmful to U.S.C.701 et sea.;
the interests of the State. Thus, the Contractor • Equal Pay Act of 1963,29 U.S.C.206;
agrees to refrain from any practices, activities or • Immigration Reform and Control Act of 1986,
relationships which could reasonably be 8 U.S.C. 1324b;
considered to be in conflict with the Contractor's • Pro-Children Act of 1994, 20 U.S.C. 6081 et
fully performing his/her obligations to the State
under the terms of this contract, without the prior seq.;
• Section 504 of the Rehabilitation Act of 1973,
written approval of the State. 29 U.S.C.794,as amended,and implementing
regulation 45 C.F.R.Part 84;
In the event that the Contractor is uncertain
whether the appearance of a conflict of interest • Titles VI & VII of the Civil Rights Act of
may reasonably exist, the Contractor shall ]964,42 U.S.C.2000(d)&(e);
submit to the State a full disclosure statement • The Personal Responsbility and Work
setting forth the relevant details for the State's Opportunity Reconciliation Act of 1996, 42
consideration and direction. Failure to promptly USC 604a, PL 104-193. See also State
submit a disclosure statement or to follow the Executive Order D 015 00;
State's direction in regard to the apparent conflict • Title IX of the Education Amendments of
shall be grounds for termination of the contract. 1972,20 U.S.C. 1681 et seq.;
• The Uniform Administrative Requirements
Further, the Contractor shall maintain a written for Grants and Cooperative Agreements to
code of standards governing the performance of State and Local Governments (Common
its agent(s) engaged in the award and Rule),at 45 CFR,Part 92;
administration of contracts. Neither the • Office of Management and Budget Circulars
Contractor nor its agent(s)shall participate in the A-87, A-21 or A-122, and A-102 or A-110,
selection, or in the award or administration of a whichever is applicable.
contract or subcontract supported by Federal • The Hatch Act (5 USC 1501-1508) and Civil
funds if a conflict of interest, real or apparent, Service Reform Act, Public Law 95-454
would be involved. Such a conflict would arise Section 4728.
when: • Departments of Labor, Health and Human
1. The employee,officer or agent; Services,and Education and Related Agencies
2. Any member of the employee's immediate Appropriations Act, 1990, PL 101-166,
family; Section 511.
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• 45 CFR Subtitle A, Department of Health and includes an assignment for the benefit of
Human Services regulations. creditors, and filings in bankruptcy,
• All state and local governments and non-profit reorganization and/or foreclosure.
organizations receiving more than $300,000
from all funding sources, that are defined as R. Disputes: Except as herein specifically provided
federal financial assistance for single audit otherwise, disputes concerning the performance
purposes, shall comply with the audit of this contract which cannot be resolved by the
requirements of OMB Circular A-128 (Audits designated contract representatives shall be
of State and Local Governments) or A-133 referred in writing to a senior departmental
(Audits of Institutions of Higher Education management staff designated by the department
and Other Non-profit Organizations), and a senior manager designated by the
whichever applies. Contractor. Failing resolution at that level,
disputes shall be presented in writing to the
O. Discrimination: The Contractor during the Executive Director and the Contractor's chief
performance of this contract shall: executive officer for resolution. This process is
1. not discriminate against any person on the not intended to supersede any other process for
basis of race, color, national origin, age, sex, the resolution of controversies provided by law.
religion and handicap, including Acquired
Immune Deficiency Syndrome (AIDS) or S. Remedies: Acceptance is dependent upon
AIDS related conditions. completion of all applicable inspection
2. not exclude from participation in, or deny procedures. The State reserves the right to
benefits to any qualified individual with a inspect the goods and/or services provided under
disability,by reason of such disability. this contract at all reasonable times and places.
Any person who thinks he/she has been The Executive Director of the State or her/his
discriminated against as related to the designee may exercise the following remedial
performance of this contract has the right to actions should s/he find the Contractor
assert a claim, Colorado Civil Rights Division, substantially failed to satisfy the scope of work
C.R.S. §24-34-302,et seq. found in this contract. Substantial failure to
satisfy the scope of work shall be defined to
P. Criminal Background Check: Pursuant to C.R.S. mean substantially insufficient, incorrect or
§27-1-110 and Department of Human Services improper activities or inaction by the Contractor.
Policy VI-2.4, any independent contractor, and Without limitation,the State has the right to:
its agent(s), who is designated by the Executive 1. withhold payment until performance is
Director or the Executive Director's designee to cured,
be a contracting employee under C.R.S. §27-1- 2. require the vendor to take necessary action
110, who has direct contact with vulnerable to ensure that the future performance
persons in a state-operated facility, or who conforms to contract requirements,
provides state-funded services that involve direct 3. request removal of a Contractor's agent from
contact with vulnerable persons in the vulnerable contract work,
person's home or residence,shall: 4. equitably reduce the payment due the vendor
1. submit to a criminal background check,and to reflect the reduced value of the services
2. report any arrests,charges,or summonses performed,
for any disqualifying offense as specified by 5. recover payment for work that due to the
C.R.S. §27-1-110 to the State. Contractor cannot be performed or would be
Any Contractor or its agent(s), who does not of no value to the State,
comply with C.R.S. §27-1-110 and DHS Policy 6. modify or recover payments(from payments
VI-2.4,may,at the sole discretion of the State, under this contract or other contracts
be suspended or terminated. between the State and the vendor as a debt
due to the State) to correct an error due to
Q. Litigation: The Contractor shall within five (5) omission,error,fraud and/or defalcation,
calendar days after being served with a 7. terminate the contract.
summons, complaint, or other pleading which
has been filed in any federal or state court or These remedies in no way limit the remedies
administrative agency notify the State that it is a available to the State in the termination provisions
party defendant in a case which involves services of this contract, or remedies otherwise available at
provided under this contract. The Contractor law.
shall deliver copies of such document(s) to the
State's Executive Director. The term "litigation"
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T. Termination: liability of the parties hereunder for further
1. Termination for Default: The State may performance of the terms of this contract
terminate the contract for cause. If the State shall thereupon cease, but the parties shall
terminates the contract for cause, it will first not be released from the duty to perform
give ten (10)days prior written notice to the their obligations up to the date of
Contractor, stating the reasons for termination.
cancellation, procedures to correct problems,
if any, and the date the contract will be In the event that the State terminates this
terminated in the event problems have not contract under the Termination for
been corrected. In the event this contract is Convenience or Termination for Financial
terminated for cause, the State will only Exigency provisions, the Contractor is
reimburse the Contractor for accepted work entitled to submit a termination claim within
or deliverables received up to the date of ten (10) days of the effective date of
termination. In the event this contract is termination. The termination claim shall
terminated for cause, final payment to the address and the State shall consider paying
Contractor may be withheld at the discretion the following costs:
of the State until completion of final audit. a. the contract price for performance of
Notwithstanding the above, the Contractor work,which is accepted by the State,up
may be liable to the State for the State's to the effective date of the termination.
damages. If it is determined that the b. reasonable and necessary costs incurred
Contractor was not in default then such in preparing to perform the terminated
termination shall be treated as a termination portion of the contract
for convenience as described herein. c. reasonable profit on the completed but
2. Termination for Convenience: The State undelivered work up to the date of
shall have the right to terminate this contract termination
by giving the Contractor at least twenty(20) d. the costs of settling claims arising out of
days prior written notice. If notice is so the termination of subcontracts or
given, this contract shall terminate on the orders, not to exceed 30 days pay for
expiration of the specified time period, and each subcontractor
the liability of the parties hereunder for e. reasonable accounting, legal, clerical,
further performance of the terms of this and other costs arising out of the
contract shall thereupon cease, but the termination settlement.
parties shall not be released from the duty to
perform their obligations up to the date of In no event shall reimbursement under this
termination. clause exceed the contract amount reduced
3. Immediate Termination: This contract is by amounts previously paid by the State to
subject to immediate termination by the the Contractor.
State in the event that the State determines
that the health, safety, or welfare of persons U. Venue: The parties agree that venue for any action
receiving services may be in jeopardy. related to performance of this contract shall be in
Additionally, the State may immediately the City and County of Denver,Colorado.
terminate this contract upon verifying that
the Contractor has engaged in or is about to V. Understanding of the Parties: This contract is
participate in fraudulent or other illegal acts. intended as the complete integration of all
4. Termination for Financial Exigency: The understandings between the parties. No prior or
State shall have the right to terminate this contemporaneous addition, deletion, or other
contract for financial exigency by giving the amendment hereto shall have any force or effect
Contractor at least thirty (30) days prior whatsoever, unless embodied herein in writing.
written notice. For the purposes of this No subsequent novation, renewal, addition,
provision, a financial exigency shall be a deletion, or other amendment hereto shall have
determination made by the Colorado any force or effect unless embodied in a written
legislature or its Joint Budget Committee contract executed and approved pursuant to the
that the financial circumstances of the State State Fiscal Rules.
are such that it is in the best interest of the
State to terminate this contract. If notice of To the extent that this contract may be executed
such termination is so given, this contract and performance of the obligations of the parties
shall terminate on the expiration of the time may be accomplished within the intent of the
period specified in the notice, and the contract, the terms of this contract are severable,
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Contract Management
GENERAL PROVISIONS
and should any term or provision hereof be fully executed by the expiration date of the
declared invalid or become inoperative for any Contract, this Contract may be extended
reason, such invalidity or failure shall not affect unilaterally by the State for a period of up to two
the validity of any other term or provision (2) months upon written notice to the Contractor
hereof. under the same terms and conditions of the
original Contract including, but not limited to,
Except as herein specifically provided otherwise, prices, rates, and service delivery requirements.
it is expressly understood and agreed that this However, this extension terminates when the
contract shall inure to the benefit of and be replacement contract becomes effective when
binding upon the parties hereto and their signed by the State Controller or an authorized
respective successors and assigns. All rights of delegate.
action relating to enforcement of the terms and
conditions shall be strictly reserved to the State
and the named Contractor. Nothing contained in
this agreement shall give or allow any claim or
right of action whatsoever by any other third
person. It is the express intention of the State
and the Contractor that any such person or entity,
other than the State or the Contractor, receiving
services or benefits under this agreement shall be
deemed an incidental beneficiary only.
The waiver of any breach of a term hereof shall
not be construed as a waiver of any other term,
or the same term upon subsequent breach.
The State and the Contractor's obligations under
this contract shall survive following termination or
expiration to the extent necessary to give effect to
the intent and understanding of the parties.
Except as herein specifically provided otherwise,
the duties and obligations of the Contractor
arising hereunder cannot be assigned, delegated,
subgranted or subcontracted except with the
express prior written consent of the State. The
subgrants and subcontracts permitted by the
State shall be subject to the requirements of this
contract. The Contractor is responsible for all
subcontracting arrangements, delivery of
services, and performance of any subgrantor or
subcontractor. The Contractor warrants and
agrees that any subgrant or subcontract,resulting
from its performance under the terms and
conditions of this contract, shall include a
provision that the said subgrantor or
subcontractor shall abide by the terms and
conditions hereof Also, the Contractor warrants
and agrees that all subgrants or subcontracts shall
include a provision that the subgrantor or
subcontractor shall indemnify and hold harmless
the State. The subgrantors or subcontractors
must be certified to work on any equipment for
which their services are obtained.
W. Holdover: In the event that the State desires to
continue the services provided for in this
Contract and a replacement contract has not been
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Contract Management
SPECIAL PROVISIONS
(For Use Only with Inter-Governmental Contracts)
I. CONTROLLER'S APPROVAL. CRS 24-30-202(1)
This contract shall not be deemed valid until it has been approved by the Controller of the State of Colorado or such assistant
as he may designate.
2. FUND AVAILABILITY. CRS 24-30-202(5.5)
Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that
purpose being appropriated,budgeted,and otherwise made available.
3. INDEMNIFICATION.
To the extent authorized by law,the contractor shall indemnify,save, and hold harmless the State against any and all claims,
damages,liability and court awards including costs,expenses,and attorney fees incurred as a result of any act or omission by
the Contractor,or its employees,agents,subcontractors,or assignees pursuant to the terms of this contract.
No term or condition of this contract shall be construed or interpreted as a waiver,express or implied,of any of the immunities,
rights, benefits, protection,or other provisions for the parties, of the Colorado Governmental Immunity Act,CRS 24-10-101 et
seq.or the Federal Tort Claims Act,28 U.S.C.2671 et seq.as applicable,as now or hereafter amended.
4. INDEPENDENT CONTRACTOR. 4 CCR 801-2
THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS
AN EMPLOYEE. NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE
OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE. CONTRACTOR SHALL PAY WHEN DUE
ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID BY THE
STATE PURSUANT TO THIS CONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR AND ITS
EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR
THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE
SUCH COVERAGE. CONTRACTOR SHALL HAVE NO AUTHORIZATION,EXPRESS OR IMPLIED,TO BIND THE STATE
TO ANY AGREEMENTS, LIABILITY, OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN.
CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE WORKERS' COMPENSATION (AND PROVIDE PROOF OF
SUCH INSURANCE WHEN REQUESTED BY THE STATE) AND UNEMPLOYMENT COMPENSATION INSURANCE IN
THE AMOUNTS REQUIRED BY LAW,AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR,
ITS EMPLOYEES AND AGENTS.
5. NON-DISCRIMINATION.
The contractor agrees to comply with the letter and the spirit of all applicable state and federal laws respecting discrimination
and unfair employment practices.
6. CHOICE OF LAW
The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation,
execution, and enforcement of this contract. Any provision of this contract, whether or not incorporated herein by reference,
which provides for arbitration by any extra-judicial body or person or which is otherwise in conflict with said laws, rules, and
regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which
purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action
at law whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this
provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution.
At all times during the performance of this contract,the Contractor shall strictly adhere to all applicable federal and state laws,
rules,and regulations that have been or may hereafter be established.
7. SOFTWARE PIRACY PROHIBITION Governor's Executive Order D 002 00
No State or other public funds payable under this Contract shall be used for the acquisition, operation, or maintenance of
computer software in violation of United States copyright laws or applicable licensing restrictions. The Contractor hereby
certifies that,for the term of this Contract and any extensions,the Contractor has in place appropriate systems and controls to
prevent such improper use of public funds. If the State determines that the Contractor is in violation of this paragraph,the State
may exercise any remedy available at law or equity or under this Contract, including,without limitation, immediate termination
of the Contract and any remedy consistent with United States copyright laws or applicable licensing restrictions.
8. EMPLOYEE FINANCIAL INTEREST. CRS 24-18-201 &CRS 24-50-507
The signatories aver that to their knowledge, no employee of the State of Colorado has any personal or beneficial interest
whatsoever in the service or property described herein.
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Colorado Department of Human Services
Contract Management
SPECIAL PROVISIONS
THE PARTIES HERE TO HAVE EXECUTED THIS CONTRACT
CONTRACTOR: STATE OF COLORADO:
Legal Name of Contracting Entity BILL OWENS GOVERNOR
Weld County, Colorado
Weld County Division of Human Services,
Area Agency on Aging by and through the B
Weld County Board of County Commissioners cutive Director
D partment of Human Services
846000813 G
Social Security Number or FEIN LEGAL EV W
Attorney e eral, John W. Suthers
Weld County Division of Human Services,Area Agency on Aging by nd through
Weld County Board of County Commissioners By ..-) By ki/
Sig atrS ure�of Auth rized Officer APR 1 9 2006 S gnat r of •u rized Officer
M.J. Geile, Chair Walter J. Speckman, Executive Director
Weld County Board of County Commissioners Weld County Division of Human Services
C TIONS:(AO corporate attestatio is re ui e ) art ► ! , ,�
Attest(Seal) By 41 ■I ( .-tip �1
(Corporate Secrets or Equivalent, r Town/City/County/Count Jerk (Place corpora . e
l Secretary to Y Y ) P , 1' .i
Weld County Clerk the Board ` %um,
ByCU t 7
De ty Clerk the Board
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not valid
until the State Controller, or such assistant as he may delegate, has signed it. The contractor is not
authorized to begin performance until the contract is signed and dated below. If performance begins prior
to the date below, the State of Colorado may not be obligated to pay for the goods and/or services
provided.
STATE CONTROLLER:
LM. Shenefelt
By ""pG!" 49111S---
Date 6 -6‘
For Contract Wizard Version 3.1 Page 11 of 11 Revised 10/20/05
Colorado Department of Human Services
Contract Management
c WGY6 -//37
EXHIBIT A
Table of Contents P_ age
EXHIBIT A Statement of Work 1
Section I Executive Summary and Recitals 1
Section II References 3
Section III Requirements and Services 4
A General Requirements 4
B Program Requirements 6
C Management and Administration 8
D Area Plan and Administration 8
E Programs and Services Delivery 8
F Program Income 9
G Funding Request 9
H Data Collection and Reporting 10
Advocacy Plan 10
J Elder Rights and Abuse Prevention Services 11
K Supportive Services 12
L Nutrition Services 14
M National Family Caregiver Support Services 16
ATTACHMENT A Definitions
Statement of Work
Section I
Executive Summary and Recitals
As used herein, unless otherwise required based upon the context of use, the words and
phrases set forth in Attachment A to this Exhibit A shall be the definitions ascribed hereto.
It is the intent of the parties to fulfill the mandates of the Older Americans Act and the State
Funding for Senior Services (OAA/SFSS) to develop greater capacity and foster the
development and implementation of comprehensive and coordinated systems to secure and
maintain maximum independence and dignity for consumers. Therefore, it is the desire of the
Colorado Department of Human Services (CDHS), herein referred to as the State, and the Area
Agency on Aging (AAA), herein referred to as the Contractor, enter into this contract to provide
services and programs for consumers in assigned Planning and Service Areas (PSA).
A. The following statements describe essential facts that are relied upon when entering into
this contract. These statements ensure that the minimum requirements have been met.
1. The State receives certain Federal and State funds to provide an array of
services to eligible consumers in Colorado. The State distributes the funds to the
Contractor, which may be a local government, not-for-profit agency, or other local
entity to deliver services for the elderly, and other eligible consumers, in the PSA
served by the Contractor.
2. The State, through the Department of Human Services, is the policy-making body
for the Older Americans Act and State Funding for Senior Services, and for
programs operated by the Contractor under this contract that receive funding
from the State.
3. The State is authorized by statute to provide the Contractor with direction on the
use of such funds and to enter into contracts that specify how the Contractor will
use these funds to provide services in accordance with Older Americans Act
Programs, as described in 12 Colorado Code of Regulations 2510-1 Rule
Manual, Staff Manual Volume 10.
4. The Contractor is accountable to the State for using funds obtained through this
Contract appropriately in the delivery of services for the elderly and other eligible
consumers, and for complying with applicable state and federal laws, policies,
audit requirements, contract requirements and State directives.
5. The State is authorized by statute to monitor the Contractor's use and
management of these funds; to oversee its governance of the human services
programs in the Contractor's assigned PSA; and to review the Contractor's
compliance with law, policies, audit requirements, contract requirements, and
State policy directives.
Page 1 of 16
6. In accordance with the current plan objectives cited in the "State Plan on Aging"
regarding monitoring performance of contracted Area Agencies on Aging, the
State will, at a minimum, perform on-site evaluations to ensure reporting
compliance by reviewing programmatic and financial performance and
communicating deficiencies to the Contractor as needed.
7. The State may refuse to contract with, and may take legal action against, the
Contractor that breaches its contract with the State or fails to use or expend
contract funds in accordance with applicable laws, policies, and State directives.
8. State fiscal rules require that a contractor must have a fully executed contract
prior to delivery of services.
B. Titles III and VII of the Older Americans Act (OAA) provide grants for State and
community-based programs to foster the development and implementation of
comprehensive and coordinated systems to serve consumers in their communities.
Specifically, the OAA authorizes states to contract with Area Agencies on Aging to
provide an array of community services, as approved by the State.
These services may include, but are not limited to:
1. Elder Abuse Prevention services including: Long-Term Care (LTC) Ombudsman
and Legal Assistance Services;
2. Supportive Services such as: Information and Assistance, Case Management,
Assisted Transportation, Outreach, Transportation, Adult Day Care, Chore,
Homemaker, and Personal Care;
3. Nutrition Services such as Congregate Meals, Home-Delivered Meals, Nutrition
Counseling, Nutrition Education, and Nutrition Screening;
4. Health Promotion and Disease Prevention Services such as Health Promotion,
Education, and Screening; and,
5. Caregiver support services such as Respite, Counseling, and Education
Programs.
C. With regard to this contract the State shall:
1. Monitor and evaluate program performance;
2. Perform program on-site evaluations, as required;
3. Disburse program funds in a timely manner, as available;
4. Provide training, technical assistance and consultation, as available; and,
5. Work cooperatively with the Contractor to ensure that OAA/SFSS and associated
local funds (i.e. matching funds) are used appropriately, and that the State
directives to the Contractor are not duplicative or conflicting.
Page 2 of 16
Statement of Work
Section II
References
In addition to the "Conformance of Law" requirements set forth at Paragraph N. of the contract
General Provisions, the Contractor and its agent(s) shall at all times during the term of this
contract, be bound by and strictly adhere to the following Federal and State laws, rules,
regulations and the State Unit on Aging (SUA) Policies and Procedures as they currently exist
and may hereafter be amended, which documents are incorporated herein by this reference:
A. Federal Older Americans Act;
B. Code of Federal Regulation (CFR), Title 45 Public Welfare;
C. Older Coloradans' Act, C.R.S. 26-11-100.1 et seq.;
D. C.R.S. Title 25 Health and 26 Human Services Code;
E. Colorado Long-Term Care Ombudsman Act, C.R.S. 26-11.5 et seq.;
F. Colorado Department of Human Services Staff Manual Volume 10;
G. Administration on Aging Fiscal Guide, Older Americans Act, Titles III and VII;
H. Colorado Legal Assistance Policy and Procedures Manual;
Colorado Long-Term Care Ombudsman Program Policy and Procedures Manual;
J. Colorado Retail Food Establishment Rules and Regulations;
K. Dietary Guidelines for Americans;
L. Dietary Reference Intakes (DRIs);
M. SUA Policy and Procedures Manual; and,
N. SUA Policy Directives (f/k/a ASU Memorandums)
Page 3 of 16
Statement of Work
Section III
Requirements and Services
A. GENERAL REQUIREMENTS
1. COMPLIANCE WITH LAW
Contracting organizations must comply with Federal, State, and local laws, rules,
regulations, standards, and contractual requirements applicable to providing the
contracted service(s). Contracting organizations will be required to sign
assurances, including, but not limited to, non-discrimination and equal
opportunity.
2. COMPLIANCE WITH SERVICE STANDARDS
Contracting organizations must comply with applicable program policies and
standards included in this contract. Services must be implemented according to
these standards, unless the State has granted a waiver of compliance.
Proposals for any waivers must be identified in the Area Agency on Aging
Funding Request.
3. SERVICE ELIGIBILITY
Eligibility for services is controlled by laws and regulations relating to the
OAA/SFSS. In general, persons 60 years of age or older are eligible for
OAA/SFSS services. Contracting organizations must comply with eligibility
criteria.
A means test may not be utilized to determine eligibility for OAA/SFSS services.
Service may not be denied to a consumer based on their unwillingness or
inability to contribute toward the cost of the service.
4. TARGET POPULATIONS
Contracting organizations must seek to serve eligible consumers, with particular
attention to consumers identified in Section 306, Area Plans (a)(4)(i) of the OAA.
Consumers identified in this section include:
a. Consumers with greatest social need;
b. Consumers with greatest economic need;
c. Low income minority consumers; and,
d. Consumers residing in rural areas.
5. SERVICE COORDINATION
The Contractor shall show demonstrable efforts are being made with other aging
service providers within the geographic service area to ensure that a
comprehensive, coordinated system of services are available to older people.
The Contractor shall document these coordination efforts.
Page 4 of 16
6. INVOLVEMENT OF OLDER PERSONS
Contracting organizations must involve older persons, including program
consumers, in decisions relative to service design, delivery, and ongoing quality
improvement processes.
7. VOLUNTEERS
If the Contracting organization utilizes volunteers to provide services, the
Contracting organization shall document how volunteers will be utilized in the
program(s) including, but not limited to, the use of time sheets and job
descriptions.
8. EVALUATION
The Contractor shall implement a quality improvement process, which includes,
at a minimum, monitoring of service quality and consumer satisfaction.
Methods of receiving consumer input on the quality of services need to be
documented and utilized on a regular basis. Examples include site councils,
project councils, consumer forums, consumer satisfaction surveys, telephone
interviews, and visits.
9. ACCOUNTING SYSTEM REQUIREMENTS
The Contractor must establish and maintain an accounting system that
adequately identifies each revenue source and the application of funds. The
accounting records must contain information pertaining to projects, contracts or
sub-awards, authorizations, obligations, unobligated balances, assets, liabilities,
outlays, expenditures and revenue. Each funding source shall bear only
reasonable and allowable costs.
Transactions and other significant events are to be clearly documented. The
documentation is to be readily available for examination by persons authorized
by the State.
The Contractor shall establish and maintain adequate internal control systems and
standards that apply to the operation of the organization.
10. AUDIT REQUIREMENTS
This contract is funded with Federal financial assistance funds and State funds.
The Contractor of this program is considered an independent contractor of Title
III Federal financial assistance, subject to audit requirements under Office of
Management and Budget (OMB) Circular A-133 and Govemment Audit
Standards, regardless of the amount of Federal funding the Contractor receives.
Page 5 of 16
11. MATCH REQUIREMENTS
The Older Americans Act, Title III and Title VII service programs are Federally
funded programs and require a minimum in non-Federal cash funds and/or in-
kind match for each program. The OAA has established the following funding
ratios to govern the degree of Federal participation in costs of services or
projects funded.
Title III Federal/ Local Comments
State Match
Administrative Allocation 25% 1/3rd of the total allocation (cash and/or in-kind)
Parts B, C, and D Allocation 10% 1/9`h of the total allocation (cash and/or in-kind)
Part E Allocation 25% 1/3nd of the total allocation (cash and/or in-kind)
Title VII Allocation 25% 1/3rd of the total allocation (cash and/or in-kind)
12. PROGRAM INCOME
The Contractor shall collect and report program income to the State.
13. REIMBURSEMENT METHOD
The Contractor shall invoice the State on approved forms and according to
established due dates.
Monthly or quarterly service units in Social Assistance Management System
(SAMS), or another system approved by the State, are required to justify the
payment or reimbursement of funds.
14. RECOVERY OF IMPROPER PAYMENTS
The Contractor shall notify the State immediately if they believe they have
received an overpayment or other erroneous or improper payment. The
Contractor is required to refund any erroneous or improper payment within 90
days of written demand by the State.
15. INSURANCE
The Contractor shall carry, for the duration of the contract, general liability
insurance with a value in an amount at least equal to Federal, State and other
cash resources expended in each program. The Contractor shall carry bonding
and indemnity insurance in an amount not less than $1,000,000 per incident.
B. PROGRAM REQUIREMENTS
With regard to programs provided, in accordance with the provisions contained herein,
as well as the OAA/SFSS, the Contractor shall:
1. Establish and maintain a comprehensive and coordinated service delivery
system for the provision of services including supportive, nutrition, information,
caregiver, and advocacy services to consumers in accordance with the Older
Americans Act, as amended, Colorado Revised Statutes and regulations, and
approved State Plan on Aging;
2. Revise and update the Area Plan annually in the Funding Request or as
required;
Page 6 of 16
3. Incorporate the identification of strengths, needs, and targeting of services for
seniors in the Contractor's Area Plan;
4. Select a local agency, program, or person(s) to be designated as the Local Long-
Term Care Ombudsman (LTCO), and to serve as an official and identifiable link
to the Office of the Colorado LTCO, including designation of a "lead" Local
LTCO;
5. Submit for-profit contracts to the State for approval prior to delivery of services;
6. Not use funds made available under the OAA/SFSS for lobbying activities, as
described at Section 24-6-301, C.R.S., including, but not limited to activities
intended to influence decision or activity by non judicial Federal, State or local
officials or body;
7. Not use Federal funds to supplant non-Federal funds;
8. Make reasonable efforts to obtain support from private sources and other public
organizations to enhance or maintain services;
9. Provide leadership and advocacy for older consumers residing within the
Planning and Service Area (PSA), including monitoring and evaluating factors
and issues affecting older consumers within the PSA;
10. Establish and maintain a uniform information system compatible with State
systems for collection and exchange of required data and information that
accurately reflect the Contractors program(s), project(s)and financial operations;
11. Complete reports as specified by the State;
12. Evaluate the costs/benefits, quality, accessibility, utilization, priority, targeting,
and overall effectiveness of programs, services, and activities, which the
Contractor provides through the Funding Request;
13. Conduct public hearings when submitting, amending, or seeking a waiver to the
Area Plan, to provide an opportunity for the general public, officials of local units
of general-purpose government, service providers, and other interested parties to
comment on the Area Plan or Funding Request;
14. Disseminate information and policy directives to applicable providers within 60
days or within the timeframe as directed by the State; and,
15. Develop and maintain an AAA Policy and Procedures manual to ensure
compliance with statutes, rules and regulations, and efficient delivery of services.
Page 7 of 16
C. MANAGEMENT AND ADMINISTRATION
With regard to programs provided, in accordance with the provisions contained herein,
as well as the Older Americans Act and State Funding for Senior Services (OAA/SFSS),
the Contractor shall:
1. Provide training to service providers and staff regarding data collection and
reporting on services contained within the Area Plan and Funding Request.
Records of these efforts shall be retained to verify training has been conducted;
2. Participate or designate a staff member to attend State training and/or meetings in
person or via one of the available media (e.g. telephone conference, video
conference, or web cam);
3. Complete an investigation and recovery of all erroneous or improper payments
within ninety-days (90) of discovery of error in payment;
4. Provide to the State information about the Contractor's organizational structure
and operating practices; including assurance of compliance with rules and
regulations governing programs and projects;
5. Employ a Director or Manager of the Area Agency on Aging who possesses
academic preparation or experience in related fields;
6. Have access to qualified accounting personnel on staff or available on a contract
basis;
7. Obtain the services of a registered dietitian, or individual of comparable expertise,
through employment, contract, or a formal written agreement to provide nutrition
consultation; and,
8. Be accountable for contract requirements, the dissemination and implementation
of required policies and procedures (e.g. OMB circulars, State Policy Directives,
AoA Program Instruction or Information Memorandums), and timely and accurate
submission of reports to the State.
D. AREA PLAN AND ADMINISTRATION
The Contractor shall develop, submit, and maintain a comprehensive and coordinated
(four-year) Area Plan for the Planning and Service Area (PSA) in accordance with State
instructions.
E. PROGRAMS AND SERVICES DELIVERY
Programs and services shall be delivered in accordance with the Older Americans Act,
the Older Coloradans Act, other applicable Federal and State rules and regulations, and
Colorado Department of Human Services rules, policies, and procedures (i.e. Staff
Manual Volume 10, the SUA Policy and Procedures Manual, and SUA Policy Directives).
The Contractor shall:
1. Provide training and technical assistance to service providers (sub-contractors);
2. Provide services to protect the health, safety, welfare, and rights of the elderly
consumers within the PSA;
3. Perform assessment of population needs within the PSA when writing the Area
Plan, or as needed;
4. Complete reports in formats as required by the State;
Page 8 of 16
5. Ensure that criminal background checks are conducted for employees,
volunteers, and contractors according to rule or policy directive;
6. If applicable, develop and implement a plan to assist potential direct service
providers to develop capacity to efficiently and effectively provide services under
the Area Plan. An update of progress in developing potential direct service
providers may be included in the Funding Request; and,
7. Identify and coordinate with community organizations and service providers in
developing, expanding or maintaining a community-based system of services,
which meet the needs of the consumers residing within the PSA.
F. PROGRAM INCOME
Program Income is any income generated through delivery of OAA/SFSS services by a
Contractor(i.e., voluntary contributions). Program Income shall:
1. Be solicited through non-coercive, voluntary contributions provided by consumers;
2. Be used in accordance with the Additional Costs Alternative, be added to funds
committed to the project or program, and used to increase access to services or to
further eligible project or program objectives;
3. Include interest earned on program income accounts, as well as earnings, and
expenditures of program income, and reported monthly in accordance with the
format and time period required by the State;
4. Not exceed a balance of two months of earned program income received into the
program by part, unless otherwise approved by the State; and,
5. Be reported for Part C-1 and Part C-2 funds received during the last 30 calendar
days of the funding period, but need not be expended if it cannot be effectively
used in the funding period in which it was received. The income may be carried
over and expended in a subsequent funding period.
G. FUNDING REQUEST
The Funding Request presents information related to the amount of resources the
Contractor has budgeted for each fiscal year, for what purpose the funds will be used
and who will be served. The Contractor shall:
1. Ensure that Federal funds are not used to supplant non-Federal funds;
2. Ensure that appropriate efforts to obtain support from private sources and other
public organizations continue;
3. Have an independent audit conducted annually and performed in accordance
with Federal regulations, including OMB Circulars 122, 128, or 133, State
statutes and rules;
4. Maintain financial records and other records pertinent to this agreement,
pursuant to generally accepted accounting principles and using appropriate and
sufficient documentation of expenses; and,
5. Upon request, make fiscal records, books, documents, papers, plans and
writings available to the State.
Page 9 of 16
H. DATA COLLECTION AND REPORTING
The Contractor shall ensure that:
1. Each service provider establishes and maintains a uniform system for the
collection of data that will accurately reflect the project and financial operations;
2. Programmatic and fiscal data are on file and available to the State including
service expenditures, local cash, local in-kind, and program income;
3. The service provider has completed required reports on the prescribed forms in
accordance with the State directives;
4. Service provider applications fiscal and programmatic records are retained until
formal notice is received from the State advising that records are no longer
necessary for audit purposes;
5. Submissions of monthly reimbursement requests are timely. The State shall be
notified 3-days prior to deadline to request approval for an extended deadline;
6. A tracking system to monitor carry-over by part is established, and is maintained
at levels approved by the State. These records will be available for review at the
time of on-site evaluations;
7. Expenditures are tracked and if needed, action plans are developed to correct
deficiencies;
8. The State approved Consumer Information Assessment forms are used and
providers and staff are trained regarding the appropriate and correct use of these
forms;
9. A uniform system compatible with the State's systems is used for the collection
and exchange of required data and information. This data and information should
accurately reflect the project and financial operations;
10. Evidence of program cash, local match, and in-kind contributions are
documented and retained; and,
11. Training and technical assistance is provided to staff and providers regarding
approved data entry methods. This training should include information on how to
maintain accurate information in the data management system. Attendance sign-
in sheets must be maintained as documentation that training occurred.
ADVOCACY PLAN
The Contractor shall identify and describe advocacy efforts in the Area Plan. Advocacy
activities shall include, but are not limited to:
1. Serving as the advocate and focal point for consumers within the community by
monitoring, evaluating, and commenting upon policies and programs that will
affect consumers;
2. Soliciting input and comment from consumers; and,
3. Developing and maintaining an Advisory Council that acts as a stakeholder group
for consumers residing in the PSA and reflects the demographic makeup of the
PSA, and/or other requirements of the State. The purpose of the advisory
council is to advise the Area Agency on Aging on matters related to
development, administration, and operation of the Area Plan.
Page 10 of 16
J. ELDER RIGHTS AND ABUSE PREVENTION SERVICES
1. Long-Term Care Ombudsman Services: The local Long-Term Care (LTC)
Ombudsman Program is established, under the oversight of the Office of the
Colorado Long-Term Care Ombudsman, which operates under contract with the
State, to: investigate and resolve complaints on behalf of residents of long-term
care facilities; educate residents and their families regarding rights and choices;
provide information and consultation for consumers regarding options with regard
to nursing homes or assisted living residences or alternatives to nursing home
placement; advocate for long-term care system reform; and provide other
services as described in the Colorado Long-Term Care Ombudsman (CLTCO)
Policies and Procedures, and Training Manuals.
With regard to programs provided, in accordance with the provisions contained
herein, the Contractor shall:
a. Establish and maintain an appropriately staffed local LTC Ombudsman
Program;
b. Maintain a current Colorado Ombudsman Program Policies and
Procedures Manual for the local Ombudsman;
c. Require local ombudsmen to adhere to the requirements within the
CLTCO Policies and Procedures Manual and provide services to assist in
protecting the health, safety, welfare, and rights of residents;
d. Provide technical support for the development of resident and family
councils within facilities and to protect the well-being and rights of
residents;
e. Provide or obtain training as approved and required for representatives
(LTC Ombudsmen) of the Colorado Long-Term Care Ombudsman
(CLTCO) Program, including unpaid volunteers, as described in Staff
Manual Volume 10, Section 10.730.2;
f. Prohibit any representative, other than the CLTCO or local, certified LTC
ombudsmen, from carrying out any activities on behalf of the Office of the
CLTCO;
g. Ensure that local ombudsmen receive the required certification or re-
certification training;
h. Ensure that local ombudsmen pass the Contractor's background check
process;
Ensure that local ombudsmen are currently certified by the CLTCO, as
qualified to carry out activity on behalf of the Office and be able, upon
request, to produce proof of certification (certification card);
j. Meet other requirements contained within the CLTCO and the SUA
Policies and Procedures Manuals;
k. Oversee and require use of the OmbudsManager database software by
the local LTC ombudsmen and/or approved clerical assistants; and,
Produce reports as required by the Office of the CLTCO and the State,
including, but not limited to: (a) The National Ombudsman Reporting
System (NORS) reports and (b)facility visit compliance reports.
Page 11 of 16
2. Legal Assistance Services: This program is established to offer advice, counsel,
and legal intervention for eligible consumers regarding issues such as public
benefits, health care, financial exploitation, consumer problems, advanced
directives, and guardianship. Older people often experience issues that threaten
their autonomy, dignity, rights and security, and for some consumers these
issues require legal intervention.
With regard to legal assistance programs provided, in accordance with the
provisions contained herein, the Contractor shall:
a. Comply with the standards described in the Colorado Legal Assistance
Policies and Procedures Manual (a/k/a Statewide Standards for Title III-B
Legal Assistance in Colorado);
b. Agree that funds made available under the Older Americans Act may not
be used to pay dues exceeding $100.00 per recipient per annum to any
organization (other than the bar association), whose purpose or function
is to engage in activities prohibited under the Regulations described in
Staff Manual Volume 10, Section 10.260.5; and,
c. Work cooperatively and appropriately to resolve any issues noted by the
Colorado Legal Assistance Developer (CLAD), e.g. during the CLAD's on-
site evaluation. The CLAD operates under contract with the State to
provide oversight, technical assistance and consultation for the local legal
assistance providers.
K. SUPPORT SERVICES
1. Information and Assistance: This program includes one-on-one or group
contacts between information and assistance provider and consumer or the
consumer's caregiver.
With regard to this program, in accordance with the provisions contained herein,
the Contractor shall:
a. Evaluate the needs and capacities of consumers;
b. Develop and maintain current information about opportunities, benefits,
services, and resources available to consumers within the community;
c. Provide information to the consumer or his/her caregiver about available
opportunities, benefits, services and resources;
d. Refer consumers to needed services, including initiating an arrangement
between the consumer or caregiver and the service provider, if
necessary, and advocating with agencies on the behalf of consumers;
e. Where practical, follow-up to assure that the consumer and/or his/her
caregiver has been able to access the services available;
f. Provide additional assistance to the consumer and/or caregiver in locating
or accessing needed services, if necessary; and,
g. In areas where five percent (5%) or more of consumers speak a language
other than English as their principle language, provide information and
assistance in that language.
Page 12 of 16
•
2. Outreach: This program includes interventions with consumers and/or their
caregivers for the purpose of identifying potential consumers and encouraging
the consumer or caregivers' use of existing services and benefits.
With regard to programs provided, in accordance with the provisions contained
herein, the Contractor shall:
a. Conduct outreach activities throughout the PSA to identify consumers and
their caregivers;
b. Establish communication with the local news media to inform the public of
available services and opportunities to contribute to the planning and
implementation of services for seniors; and,
c. In an area where a predominant number of consumers (five percent or
more) speak a language, other than English, as their principal language,
provide outreach, information and assistance services in that language.
3. Transportation Services: Unless a waiver is approved by the State, the
Contractor shall make transportation and assisted transportation under the
OAA/SFSS available to consumers for the purpose of accessing services
necessary to remain independent and socially integrated in the community.
With regard to programs provided hereunder, the Contractor shall:
a. Document the transportation services provided for each consumer,
through registration or estimate, in the Social Assistance Management
System (SAMS);
b. Not use OAA/SFSS funds to pay for transportation or assisted
transportation if such transportation is offered or covered through other
Federal or State programs for which the consumer may be eligible;
c. Require all transportation providers rendering services to OAA/SFSS
consumers have all necessary licenses, approvals, or certifications
required by Federal, State, and local law or regulation; and,
d. Require all transportation providers be licensed by the Public Utilities
Commission and that their drivers, vehicles, and auxiliary equipment meet
all applicable regulations and standards for passenger and vehicle safety,
as well as all applicable safety inspection; and, maintenance
requirements, and shall be in compliance with the State's mandated
minimum insurance coverage.
Page 13 of 16
L. NUTRITION SERVICES
1. Congregate and Home Delivered Meals: The Contractor assures that this
program provides an array of nutrition services, including nutrition screening,
assessment, counseling, therapeutic meals and medical foods as feasible and
appropriate, and other services as appropriate. The program offers nutrition
education services, meal preparation and delivery of nutritious meals to senior
centers, dining centers, nutrition sites, or consumer homes or residence.
The program promotes and emphasizes comprehensive preventive approaches,
which utilize community nutrition services to maintain the health and
independence of consumers.
With regard to programs provided, in accordance with the provisions contained
herein, the Contractor shall:
a. Provide modified diets in accordance with Section 339 of the OAA;
b. When prescribed as necessary to treat a diagnosed medical condition,
provide or make referrals to resources for medical nutritional food as a
meal replacement;
c. Contract or have a formal written agreement with a registered dietitian, or
individual of comparable expertise, to:
1. Approve menu nutrient content compliance;
2. Approve nutrition education materials;
3. Provide nutrition counseling; and,
d. Coordinate consultations between the registered dietitian, or individual of
comparable expertise, and the Nutrition Director or dietetic technician
registered to:
1. Determine feasibility and appropriateness of modified diets and
medical nutritional foods.
2. Monitor method of nutrient analysis.
3. Monitor referrals to internal and extemal nutrition resources.
4. Review food safety and sanitation monitoring.
5. Review food service operations training.
2. Nutrition Program Requirements: Nutrition Program services shall meet
standards as defined in the Older Americans Act including but not limited to the
current Dietary Guidelines for Americans and Dietary Reference Intakes.
Nutrition Service Providers shall provide meals that:
a. Comply with the Dietary Guidelines for Americans, published by the
Secretary of Health and Human Services and the Secretary of
Agriculture;
b. Provide each participating consumer a minimum of 33 1/3 percent of the
medically recognized daily recommended dietary allowances or
references for dietary intake if only one meal per day is provided; or 66
2/3 percent of the allowances if two (2) meals per day are provided; or
100 percent of the allowances if three (3) meals per day are provided;
Page 14 of 16
c. Are adjusted, as feasible and appropriate, to the maximum extent
practical to meet any special dietary needs of program consumers
including, special health, religious, or ethnic requirements;
d. Have been specially modified and approved by a registered dietitian, or
individual of comparable expertise, to meet therapeutic, religious, or
ethnic requirements as feasible and appropriate, but may not meet the
minimum dietary requirements;
e. Provide information and assistance about the Food Assistance Program
to consumers who may be eligible for such benefits; and,
f. Inform older consumers if the nutrition program accepts the Food
Assistance Program (a/k/a Food Stamps).
3. Menu Cycles and Analysis
a. OAA meals shall meet the 33 1/3% Dietary Reference Intakes (DRI)
standard from the most current release from the Food and Nutrition Board
of the Institute of Medicine of the National Academy of Sciences. These
quantifiable reference values of nutrients are used in the nutrition
program to maintain nutritional adequacy, promote health, and reduce
risk of disease. Nutrition program menus shall comply with the Dietary
Guidelines for Americans, published from the United States Department
of Health and Human Services and the United States Department of
Agriculture.
b. Nutrition providers shall maintain and make available for review an
approved copy of the menu cycles and analyses on file at the nutrition
site(s), and available for review by the Contractor or State at any time.
c. Menus and recipes shall be analyzed using a nutrient analysis software
package to ensure compliance with the Dietary Guidelines for Americans,
Recommended Dietary Allowances, and Dietary Reference Intakes, and
shall be approved by a registered dietitian, or individual of comparable
expertise.
d. Only tested quality recipes, adjusted to yield the number of servings, shall
be used.
e. Substitutions or deviations from the approved menu(s) shall be
documented.
f. Menu cycles and nutrient analysis shall be maintained for a minimum of
three (3) years for audit purposes unless disposition is authorized by the
State.
Page 15 of 16
4. Home Delivered Meals: Home delivered meals are the provision of meals or
medical nutritional food to an eligible consumer at their place of residence or
home.
With regard to programs provided, in accordance with the provisions contained
herein, as well as the Older Americans Act, Older Coloradans Act, and Staff
Manual Volume 10, the Contractor shall:
a. Provide home delivered meal services to older adults that meet the
eligibility criteria described in Staff Manual Volume 10, Section 10.260.46,
with an emphasis to those of greatest social or economic need, with
particular attention to low-income minority consumers and consumers
residing in geographically isolated areas;
b. Assess consumers requesting home-delivered meals;
c. Provide home delivered meals only to consumers determined to be
homebound or geographically isolated; and,
d. Perform homebound status assessments every six months to ensure or
determine eligibility.
M. NATIONAL FAMILY CAREGIVER SUPPORT PROGRAM (NFCSPI
The National Family Caregiver services shall meet the requirements described in Staff
Manual Volume 10. These services shall include, but are not limited to: information,
access assistance, respite, counseling, and supplemental services, such as medical
equipment, offered to caregivers of consumers and grandparents raising children under
the age of eighteen.
Page 16 of 16
Attachment A to Exhibit A
Definitions
Within this contract the following terms are defined.
"Additional Cost Alternative" is defined (per Code of Federal Regulations, Program
Income, 74.24 (h)and (b)(1)) as "[program income shall be] added to funds committed to
the project or program, and used to further Ethel eligible project or program objectives."
"Administration on Aging" shall be defined as the Administration on Aging of the
United States Department of Health and Human Services.
"Area Agency on Aging (AAA)" shall be defined as a private, nonprofit, or public
agency designated by the State Unit on Aging (SUA) to administer the Older Americans
Act and related programs within a Planning and Service Area (PSA) in the State of
Colorado.
"Area Agency on Aging Advisory Council" shall be defined as a representative body
of laypersons and service providers, designated by the AAA to represent the interests of
consumers within the boundaries of a Planning and Service Area.
"Area Plan" shall be defined as a document submitted by the Area Agency on Aging
(AAA) to the State Unit on Aging (SUA) every four years in a format specified by the
State, which includes goals and measurable objectives; and identifies planning,
coordination, administration, supportive, and nutrition services, as well as evaluation
activities to be undertaken.
"Carry-Over" shall be defined as the estimated or actual portion of the funds made
available to a contractor for a budget year which are not expended during that budget
year, and which may be available for use (carried over) during a subsequent budget
year.
"Case Management" shall be defined as assistance, either in the form of access or
care coordination, in circumstances where the consumer and/or their caregivers are
experiencing diminished functioning capacities, personal conditions, or other
characteristics which require the provision of services by formal service providers.
Activities of case management shall include: assessing needs, developing care plans,
authorizing services, arranging services, coordinating the provision of services among
providers, follow-up, and reassessment, as required.
"Colorado Long-Term Care Ombudsman" (CLTCO) shall be defined as a person with
expertise and experience in the fields of long-term care and advocacy, designated by the
State Unit on Aging, to carry out the functions of the Office of the Colorado (State) Long-
Term Care Ombudsman identified in the Older Americans Act of 1965, as amended.
Page 1 of 6
"Comprehensive and Coordinated Service Delivery System" shall be defined as a
system for providing all necessary supportive services, including nutrition services, in a
manner designed to:
A. Facilitate the accessibility and use of interrelated social, supportive, and nutrition
services provided to meet the needs of consumers in a Planning and Service
Area;
B. Develop and make the most effective use of supportive services and nutrition
services in meeting the needs of consumers;
C. Use resources efficiently and with a minimum of duplication; and,
D. Encourage and assist public and private entities that have unrealized potential for
meeting the service needs of consumers to provide such assistance on a
voluntary basis.
"Conflict of Interest" shall be defined as a direct official action on a matter in which the
Area Agency on Aging, service provider, council member, or other interested party has
the opportunity for substantial financial, contractual, or employment gain.
"Congregate Meals" shall be defined as the provision of a meal that meets all
requirements as specified in Staff Manual Volume 10 to an eligible consumer at a
nutrition site, senior center or some other congregate setting.
"Consumer" shall be defined as an individual, over 60, or an individual who is eligible
for services from an Area Agency on Aging under the Older Americans or Older
Coloradans Acts.
"Consumer Information Assessment" shall be defined as the process of evaluating a
consumer's status and needs to identify the service or combination of services required
to maintain the consumer's ability to live independently. This information is taken on the
Consumer Information Assessment form (either hard copy or electronically).
"Contract" shall be defined as an agreement, allowable and enforceable by law,
between two or more competent parties, for a legal consideration. More specifically, in
regard to these rules, it is a legal written agreement between agencies or other entities
to provide, supply, or perform on the one part, and remunerate on the other part, a
particular service, goods, or materials, in (a) particular time frame(s)and location(s).
"Contractor" shall be defined as an organization or person that provides goods,
materials, and/or services for remuneration under the stipulations of a contract.
"Coordination" shall be defined as a formal or informal arrangement through which the
State Unit on Aging (SUA), Area Agency on Aging (AAA), or another entity or coalition
brings together the planning and service resources of two (2) or more public and/or
private agencies in Colorado for the purpose of expanding or strengthening services for
consumers. Coordination refers to cooperative efforts, in support of common objectives,
directed toward joint planning and resource development, increased quality and quantity
of services, and the improvement of services to achieve a more effective and efficient
comprehensive system.
"Department" shall be defined as the Colorado Department of Human Services,
represented by the State Unit on Aging (SUA), which is a unit of the Division of Aging
and Adult Services.
Page 2 of 6
"Family Caregiver" shall be defined as an adult family member or other individual, who
is an informal provider of in-home, and community care to an older individual (60 years
of age or older) who is "frail" and determined to be functionally impaired because of: an
inability to perform at least two activities of daily living without substantial human
assistance, including verbal reminding, physical cueing, or supervision; or, due to
cognitive or other mental impairment, requires substantial supervision because the
individual behaves in a manner that poses a serious health or safety hazard to the
individual or to others.
"Focal Point or Community Focal Point" shall be defined as a facility established to
encourage the maximum collocation and coordination of services for consumers at a
given point in a community. A related term, "multipurpose senior center," is defined as a
community facility for the organization and provision of a broad spectrum of services for
consumers, including provision of mental and physical health services; social, nutritional,
and educational services; and the provision of facilities for recreational activities for
consumers.
"Frail" shall be defined as an older individual who is determined to be functionally
impaired due to: inability to perform at least two (2) activities of daily living without
substantial human assistance, including verbal reminding, physical cueing, or
supervision; or, a cognitive or other mental impairment, requiring substantial supervision
because the individual behaves in a manner that poses a serious health or safety hazard
to self or others.
"Funding Letter" shall be defined as a unilateral contracting document that allows a
State agency to allocate the amount of funding for a specific contractor based upon the
funding available to the State agency.
"Funding Request" shall be defined as the documentation submitted by each AAA to
the State, in a format prescribed that includes updated budgetary and service provision
information.
"Greatest Economic Need" shall be defined as the need resulting from an income level
at or below the poverty threshold (level) established by the United States Bureau of the
Census.
"Health Promotion" shall be defined as programs that promote health and well-being,
such as programs that may include art therapy, dance therapy, music therapy, dental,
hearing, immunization, medication management screening and education, insurance
counseling, physical fitness, and vision.
"Homebound" shall be defined as applying to a consumer who is assessed as unable
to leave his or her home without human assistance, due to a disabling physical or
emotional condition or an environmental condition, which may have a health-related
impact.
"Home-Delivered Meal" shall be defined as the provision of a meal that meets all
requirements as described in Staff Manual Volume 10, to an eligible consumer at that
consumer's home or residence.
"Home Health Aide Services" shall be defined as activities, which provide basic health
services to consumers who can be cared for at home.
"Homemaker Services" shall be defined as providing assistance to consumers who
meet the eligibility requirements for in-home services and who are unable to perform two
or more of the following instrumental activities of daily living: preparing meals, shopping
for personal items, managing money, using the telephone, or doing light housework.
Page 3 of 6
"Home Modification" shall be defined as specific adaptations, repairs, maintenance,
renovation, modifications, or improvements in a consumer's home setting.
"In-Kind Match" shall be defined as services, goods, or property donated by a
contractor or third party, which are allowable costs of the contract, and for which no cash
reimbursement is required, and which are applied to a requirement for the non-
Federal/non-State share of program expenses.
"Internal Control" shall be defined as processes designed to provide reasonable
assurance regarding the achievement of objectives in the following categories:
effectiveness and efficiency of operations; reliability of financial reporting; and,
compliance with applicable laws and regulations.
"Legal Assistance" shall be defined as legal advice, counseling, and representation
provided by an attorney or other person acting under the supervision of an attorney.
"Local Long-Term Care Ombudsman" means an individual trained and designated as
qualified by the state (Colorado) long-term care ombudsman to act as a representative
of the Office of the Colorado (State) Long-Term Care Ombudsman, Section 26-11.5-
103(2) C.R.S. (See Colorado Long-Term Care Ombudsman)
"Long-Term Care Ombudsman Services" shall be defined as actions taken to identify,
investigate, or seek to resolve complaints made by or on behalf of a consumer who
resides in a long-term care facility, relating to actions, inactions, or decisions of providers
or public agencies that may adversely affect the health, safety, welfare, and rights of the
consumers residing in a long-term care facility.
"Low-income" shall be defined as incomes at or below the Federal poverty level.
"Match or Cash Match" shall be defined as local cash received from non-Federal and
non-State sources, passing to the control of the contractor or sub-contractor or contract
agencies, which is used for the payment of allowable costs charged to the contract, and
for the satisfaction of requirements for non-Federal/non-State share of program
expenses.
"Means Test" shall be defined as the use of a consumer's income or resources to
determine that consumer's eligibility for services.
"Medical Food" shall be defined as a food formulated to be consumed or administered
entirely under supervision of a physician, and intended for the specific dietary
management of a disease or condition for which distinctive nutritional requirements,
based on recognized scientific principles, are established by medical evaluation.
"Monitoring" shall be defined as a review by the contracting agency of one or more
sub-contracted activities, that may include on-site visits to the contractor or provider
agency; and/or data collection activities of contractors and subcontractors, for the
purpose of assuring that the contract is being administered and services delivered in
accordance with statutes, regulations, and the purposes of the contract.
"Native American" means of, or relating to, a tribe, people, or culture that is indigenous
to the United States.
"Not-For-Profit or Nonprofit" as applied to any agency, institution, or organization,
shall be defined as an agency, institution, or organization owned and/or operated by one
or more corporations or associations whose profits must be used exclusively for the
charitable, educational or scientific purpose for which it was formed.
Page 4 of 6
"Nutrition Counseling" shall be defined as the provision of individualized advice and
guidance, by a registered dietitian, or individual of comparable expertise, in accordance
with State law and/or policy, to consumers or their caregivers, for those consumers at
nutritional risk because of their health or nutritional history, dietary intake, medication
use, or chronic illnesses.
"Nutrition Education" shall be defined as a program to promote better health by
providing accurate and culturally sensitive nutrition, physical fitness, or health (as it
relates to nutrition) information and instruction to consumers and/or caregivers in a
group or individual setting overseen by a dietitian or individual of comparable expertise.
"Nutrition Screening" shall be defined as the process of identifying consumers at
nutritional risk or with malnutrition.
"Nutrition Services" shall be defined as services and activities intended to provide
consumers with assistance in maintaining a well-balanced diet, including congregate and
home-delivered meals, nutrition screening, nutrition counseling and nutrition education.
"Nutrition Services Incentive Program (NSIP)" shall be defined as a program carried
out by the United States Department of Health and Human Services to allot cash,
commodities, or a combination of cash and commodities to States and grantees
providing nutrition services to consumers.
"Nutrition Site" shall be defined as a nutrition project location where congregate meals
are provided, and may include senior centers, community buildings, elderly housing
complexes, and public schools.
"On-Site Evaluation" shall be defined as an on-site review and critique of the direction,
appropriateness, efficiency and effectiveness of a program or part of a program within a
PSA by State staff.
"Personal Care" shall be defined as providing personal assistance, stand-by
assistance, supervision or cues for consumers age 60 and over, who meet the eligibility
requirements for in-home services.
"Planning and Service Area" (PSA)shall be defined as a geographic area of Colorado,
designated by the State for purposes of planning, development, delivery, and overall
administration of services under an area plan.
"Program" shall be defined as a particular set of services/activities authorized and
funded under the Older Coloradans Act or the Older Americans Act of 1965, as
amended.
"Program Income" shall be defined as any income generated by a contractor from
activities, part or all of the cost of which is bome by the funding.
"Reassurance" shall be defined as the process of contacting a consumer on a regular
basis in order to provide comfort and/or assistance.
"Rural" shall be defined as any area that is not defined as urban.
"State Funding for Senior Services (SFSS)" shall be defined as any Colorado (State)
funding, including Older Coloradans Act funding and general funds, provided for service
provision for eligible consumers in Colorado, with the exception of State matching funds
for Federal program funding. The program delivery system and eligibility criteria for
these State-funded consumer services is mirrored after the Older Americans Act.
Page 5 of 6
"State Unit on Aging" (SUA) shall be defined as the unit in the State, designated to
administer the Colorado State Plan on Aging, including Older Americans Act programs.
In Colorado, this agency is the Colorado Department of Human Services, Division of
Aging and Adult Services.
"Transportation" (one-way trip) shall be defined as a means of going from one
location to another in a vehicle. It does not include any other activity.
"Urban Area" means a large central place and adjacent densely settled census blocks
that together have a total population of at least 2,500, or as currently defined by the
United States Census Bureau.
Page 6 of 6
EXHIBIT B
Miscellaneous Provisions
A. The State may suspend or terminate a contract, in whole or in part, if the
Contractor fails to comply with State policies or has materially failed to comply with
the terms of this contract, or if the Contractor fails to carry out required corrective
action by the specified dates. The process for terminating contracts and withdrawal
of designation of an Area Agency on Aging shall be done in accordance with rules
and regulations goveming this process, as outlined in Staff Manual Volume 10,
Section 10.950.2 (or as amended).
B. The State shall document any non-compliance and shall notify the Contractor of
the required corrective action and the dates when such action is due.
C. To suspend or terminate a contract, the State shall notify the Contractor in writing
ten (10) working days prior to the effective date of the suspension or termination of
the reason(s)for the suspension or termination. Such notification shall explain the
right of the Contractor to appeal such decision as outlined in the appeals and fair
hearing section of the Staff Manual Volume 10, Section 10.900 (or as amended).
D. If in the State's judgment an emergency situation exists, the State may suspend or
terminate the contract effective immediately.
E. Suspensions shall remain in effect until the Contractor has taken corrective
action satisfactory to the State, or has given evidence satisfactory to the State
that such corrective action will be taken.
F. New obligations against the contract in question incurred by the Contractor during
the suspension period shall not be allowed unless the State expressly authorizes
the new obligation in the notice of suspension or an amendment to the notice of
suspension.
G. If a contract or part thereof remains in suspension until the end of the contract
period, such contract or part thereof shall be automatically terminated.
H. If a contract is suspended or terminated, the State or its agent may administer
the Area Plan during the suspension period or until a new Contractor is
designated and receives funding from the State.
Termination on other grounds shall occur if any of the following conditions exist:
1. The State and Contractor mutually agree upon the terms;
2. The State notifies the Contractor in writing of the termination, effective
date, and in case of partial termination, the portion of the funding to be
terminated;
3. The State fails to comply with the terms set forth in the contract
agreement; and,
4. The Contractor fails to carryout required corrective action by the dates
specified by the State.
J. If, in the case of a partial termination, the Contractor determines that the remaining
portion of the contract will not accomplish the purposes for which the contract was
awarded, the Contractor may terminate the contract in its entirety.
Page 1 of 2
K. When a contract is terminated, the Contractor shall not incur new obligations for
the terminated portion after the effective date, and shall cancel as many
outstanding obligations as possible. The State shall allow full credit to the
Contractor for the non-cancelable obligations properly incurred by the Contractor
prior to termination.
L. The State may refuse to contract with and may take legal action against any
Contractor that breaches its contract with the State or fails to use or expend
Federal and State funds in accordance with applicable laws, regulations, policies
and the State directives.
M. The State shall notify the Contractor in writing of the required corrective action(s)
and due date(s). The Contractor or sub-contractor shall not incur new obligations
during periods of suspension unless authorized. If Contractor or sub-contractor
remains in suspension until the end of the contract period, the contract will
automatically be terminated. The Contractor or sub-contractor shall be notified of
rights to a hearing, appeal or other administrative actions.
N. The State may allocate more or less funds available on this contract using a
Funding Letter substantially equivalent to Exhibit D, Sample Funding Letter, and
bearing the approval of the State Controller or his designee. The funding letter
shall not be deemed valid until approved by the State Controller or his designee.
O. The State may require continued performance for a period of one (1)year for any
services at the rates and terms specified in the contract. The State may exercise
the option by written notice to the Contractor within sixty (60) days prior to the
end of the current contract term in a form substantially equivalent to Exhibit E,
Sample Option Letter.
If the State exercises this option, the extended contract will be considered to
include this option provision. The total duration of this contract, including the
exercise of any options under this clause, shall not exceed five (5) years.
Page 2 of 2
EXHIBIT C
Sample AAA Funding Request
(See following pages)
Page 1 of 6
TITLE III FUNDING REQUEST
Return to Instructions Region 0
Funding Award# 0
Revision# 0
Date
Funding Request Period: from July 1, 2006 to June 30, 2007
Funding
Transfer Request
Potential Award Request
ADMINISTRATION
DMIN CARRYOVER $ 0 $ 0
•DMIN NEW ALLOC FFY05 $ 0 $ 0
nIIIIIIIIIIr
SERVICES
PART B NEW ALLOC FFY05 illMISIMIIMIM $ 0
'ART C1 NEW ALLOC(FFY05) F tV��: $ 0
ART C2 NEW ALLOC (FFY05
i�\ \r;Er1.13 $ _ 0
t;:..\vy,\y\\\v1 \\ �' i ,
'ART D NEW ALLOC FFY05 \b"'W Ni
q4 $ 0
PART E NEW ALLOC FFY05 &IAN 0 $ 0
OTAL SVC. NEW ALLOC
$ 0 $• ` 7 $ 0
Title VII Funding Request
Total Programmatic Programmatic
Award Transfer Total
AP NEW ALLOC FFY05 $ 0 $ $ 0
TC OMB NEW ALLO FFY05 $ 0 $ $ 0
OTAL TITLE VII $ 0 $ $ 0
Page 2 of 6
Return to Instructions Region 0
Fiscal Year
Revision # 0
Date
AREA AGENCY ADMINISTRATION BUDGET
• Um Item Fades - Local Cash , Mad - TOW
•ersonnel $ $ I� 2: $
ravel $ $ p -- $
E.uipment $ ; \\'"� - $
ether Direct $ � $ - $
Indirect $ �1�`\\\\\� -
Total
..t..,. ;� .c*.m.•,.x.r J,, ,"mw tr"` ysq. $ gi9n. .xn +rc+eF
Total Admin from AAS 200
• Match must be 25%of total budget:
(Match = Local Cash Budget + In-Kind budget)
Federal Funds= $ - / 3 = $ - This is the minimum
match required.
* Actual Match = $ -
Over/(Under)Match
Page 3 of 6
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EXHIBIT D
Sample Funding Letter
Exhibit
Date: State Fiscal Year:
TO: (contractor's name here)
SUBJECT: Funding Letter No.
In accordance with Paragraph of contract routing number
between the State of Colorado Department of Human Services, (division) and
(contractor's name) covering the period of (contract start date) through (contract
end date), the undersigned commits the following funds to the contract:
The amount of funds available and specified in Paragraph is
(increased/decreased) by ($ amount of change) to a new total funds available of ($
) to satisfy orders under the contract. Paragraph is hereby modified
accordingly.
This funding letter does not constitute an order for services under this contract.
This funding letter is effective upon approval by the State Controller or such
assistant as he may designate.
APPROVALS:
State of Colorado:
Bill Owens, Governor
By: Date:
For the Executive Director
Colorado Department of Human Services
By: Date:
For (Division)
1. ALL CONTRACTS MUST BE APPROVED BY THE STATE
CONTROLLER
CRS 24-30-202 requires that the State Controller approve all state contracts. This
contract is not valid until the State Controller, or such assistant as he may delegate,
has signed it. The contractor is not authorized to begin performance until the contract
is signed and dated below. If performance begins prior to the date below, the State of
Colorado may not be obligated to pay for goods and/or services provided.
State Controller
Leslie M. Shenefelt
By:
Date:
Date Issued: February 10,2003
Page 1 of 1
EXHIBIT E
Sample Option Letter
Date: State Fiscal Year: Option Letter No.
SUBJECT: (Please indicate purpose by choosing one of the following)
1 -Option to renew only (for an additional term)
2- Level of service change in conjunction with renewal for additional term
In accordance with Paragraph(s) of contract routing number(FY) (Agency)
(Routing#j, between the State of Colorado, Department of Human Services, (division
name), and (contractor's name) the state hereby exercises the option for an additional term of
(include performance period here) at a cost/price specified in Paragraph/Section/Provision
, AND/OR an increase/decrease in the amount of goods/services at the same rate(s) as
specified in Paragraph/Schedule/Exhibit
The amount of the current Fiscal Year contract value is increased/decreased by ($ amount of
change) to a new contract value of($ )to satisfy services/goods ordered under
the contract for the current fiscal year(indicate Fiscal Year). The first sentence in
Paragraph/Section/Provision is hereby modified accordingly.
The total contract value to include all previous amendments, option letters, etc. is ($ ).
APPROVALS:
State of Colorado:
Bill Owens, Governor
By: Date:
Executive Director
Colorado Department of Human Services
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not
valid until the State Controller, or such assistant as he may delegate, has signed it. The contractor is
not authorized to begin performance until the contract is signed and dated below. If performance
begins prior to the date below, the State of Colorado may not be obligated to pay for goods and/or
services provided.
State Controller
Leslie M. Shenefelt
By:
Date:
Date Issued: February 10, 2003
Page 1 of 1
•
STATE OF COLORADO
d ygo
.
• ,gig *
Colorado Department of Human Services 4f876*
people who help people
Bill Owens
OFFICE OF ADULT,DISABILITY,AND REHABILITATION SERVICES Governor
JOHN P.DAURIO,DIRECTOR
DIVISION OF AGING AND ADULT SERVICES Marva Livingston Hammons
Executive Director
1575 Sherman,101"Floor
Denver,Colorado 80203
Phone 303-866-2800
TDD 303-866-2850
FAX_303-866-2696
www.cdhs.state.co.us
June 29, 2006
Region 2-B
Mr.Walt Speckman, Executive Director
Weld County Division of Human Services
1551 North 17th Ave.
P.O. Box 1805
Greeley, CO 80632,
Dear Mr. Speckman:
Enclosed is your executed contract between Colorado Department of Human Services(CDHS)and the Weld County Area Agency on
Aging. This contract is effective July 1, 2006 and will end on June 30, 2007. The Weld County Area Agency on Aging must expend
all State funds no later than June 30, 2007.
If you have any questions regarding your contract, please contact me via email todd.coffey@state.co.us or by phone at
303.866.2750.
Sincerely,
Todd Coffey, Interim Manager
State Unit on Aging
Enclosures
cc: Eva Jewell,AM Director, Region 2-B
Herb Covey, Field Administrator
Audrey Krebs, SUA Program Specialist
Our Mission is to Design and Deliver Quality Human Services that Improve the Safety and Independence of the People of Colorado
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