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HomeMy WebLinkAbout20042528.tiff RESOLUTION RE: APPROVE AGREEMENT TO ADMINISTER GRANT FUNDS AND AUTHORIZE CHAIR TO SIGN - UNITED WAY OF WELD COUNTY WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS,the Board has been presented with an Agreement to Administer Grant Funds between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Department of Public Health and Environment, and the United Way of Weld County, commencing September 1, 2004, and ending August 31, 2005, with further terms and conditions being as stated in said agreement, and WHEREAS,after review,the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County,Colorado,that the Agreement to Administer Grant Funds between the County of Weld,State of Colorado, by and through the Board of County Commissioners of Weld County,on behalf of the Weld County Department of Public Health and Environment, and the United Way of Weld County be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 23rd day of August, A.D., 2004. BOARD OF COUNTY COMMISSIONERS WE� COUNTY, COLORADO Agaa Robert D. Masden, Chair erk to the Board e- Fir//,tJ , William H. J e, Pro-Tem �//;; ' :4•'� -a- _4 i// iii/' ./I /'C_I Clerk to the Board !_ M. J. AP O D ASC' 3� �R David E. Long ountyAtto&rney Glenn Vaad Date of signature: 2004-2528 HL0031 co ILL pq- oa-oy Kat--t ‘e-H- Memorandum VIII TO: Robert E. Masden O Board of County Commissioners • From: Mark E. Wallace, MD, MPH, Director COLORADO Director of Public Health and Environment DATE: August 18, 2004 c&AN., S.zLeeo“.J SUBJECT: Prenatal Community Outreach Coordinator Specialist Enclosed for Board review and approval is an agreement between United Way of Weld County (through the Promises for Children, a group facilitated by United Way) and Weld County Board of Commissioners for a .5 FTE Prenatal Community Outreach Coordinator Specialist. Pregnant women entering prenatal care during the first trimester of pregnancy is one of the goals that Promises for Children has identified as a need in Weld County to improve the health of children. This position will assist pregnant women with the Medicaid application process and ensure timely first appointments for prenatal care. Weld County will be reimbursed a sum of $26,201.00 to the Health Department for the period of September 1, 2004 through August 31, 2005. I recommend your approval of this contract. Enclosure PV 2004-2528 AGREEMENT TO ADMINISTER GRANT FUNDS This Agreement is entered into by and between United Way of Weld County("United Way") and the Board of Weld County Commissioners, on behalf of the Weld County Department of Public Health and Environment ("the Health Department"). BACKGROUND INFORMATION A. United Way has been awarded a grant to provide outreach to Weld County residents who are pregnant to inform and assist them in obtaining and receiving prenatal care. ("the Grant"). B. Health Department has agreed to collaborate with United Way in providing the services pursuant to the Grant. C. The parties wish to set forth their agreement in writing. NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: AGREEMENT 1. Recitals. The above set forth recitals are hereby incorporated into this Agreement. 2. Acceptance of Funds. United Way agrees to provide funds from the Grant in the amount of$ 26,201.00 to Health Department, and Health Department agrees to accept said funds to provide outreach to pregnant residents of Weld County and to assist them in application for, and obtaining and receiving prenatal care through the Prenatal Advocacy Program("the Prenatal Program"). 3. Term. The term of this Agreement is from Septemberl, 2004 through August 31, 2005. 4. Administration of Grant. The Health Department agrees to administer the Grant in compliance with the proposal submitted by United Way(which is attached hereto and incorporated herein as "Exhibit A"). Health Department further agrees to provide a half-time staff person to serve as Prenatal Community Outreach Coordinator Specialist ("PCOCS"), who shall: a. Identify local health care providers accepting medicaid clients for prenatal care to determine their capacity for accepting additional clients. 1 b. Refer clients to identified health care providers. c. Follow up with clients to ensure first appointments were completed. d. Assist and facilitate clients with the Medicaid approval process. e. Collect data on completed first appointments and stage of pregnancy. f. Provide to United Way reports and other documents as required by the terms and conditions of the Grant. g. To perform such other duties that are required by the Health Department in conjunction with the requirements of the Grant. The PCOCS shall be employed by Health Department, and, shall therefore be a Weld County employee, subject to the responsibilities and benefits of the Weld County Employee Personnel Policy Handbook. 5. Support From United Way. United Way agrees to do the following: a. Support and promote the Health Department in operating the Prenatal Advocacy Program through publicity and activities. b. Act as fiscal agent c. Work with the Health Department to meet the program goals, evaluate the program, and problem solve issues as they arise. d. Reimburse the Health Department by the 30th of the month that quarterly invoices are received. e. Prepare and report to Caring for Colorado all grant reports, and other documents that may be required. f. Recognize the Health Department as a partnering agency for the Grant through press release and other publicity efforts. g. Inform the Health Department of public information that is provided to the public in relation to the Grant and to this Agreement. United Way may also ensure that the above set forth responsibilities of United Way are accomplished by working through Promises for Children, a group that is facilitated by United Way. 2 6. Use of Funds. The funds provided to Health Department by United Way pursuant to this Agreement(sometimes referred to as "Grant funds"), are restricted to the purpose specified in Exhibit A. Any part of the Grant funds not so used within the term of this Agreement must be returned to United Way within 30 days after the completion of the project or upon the expiration of the term of this Agreement. 7. Changes in activities or expenses. Any significant change in project activities or expenses must receive prior written approval from United Way. These changes include,but are not limited to, changes in the project's scope,purpose or activities, changes in expenses of more than 20 percent of an approved budget category, and changes in the duration of the grant period. 8. Payment of Grant Funds. United Way shall pay the Grant funds as follows: Health Department shall present a statement of services to United Way as soon as practical after November 30, 2004, February 28, 2005, May 31, 2005, and August 31, 2005. Payments shall be made by United Way to Health Department within 30 days after receipt by United Way of the statement of services from Health Department. 9. Grant Accounting. a. Health Department agrees to maintain adequate accounting records and to obtain documentation for all Grant expenditures. b. Health Department agrees to maintain records of accounts consistent with generally accepted accounting principles, and to provide for such fiscal control as is necessary to assure proper disbursing of, and accounting for, project Grant funds. c. Health Department will make a good faith effort to provide information concerning accounts and documentation relating to the Grant project expenditures which will be adequate to permit an accurate and expeditious audit, should an audit be requested by the Grant funding source. Any audit requested may be conducted during regular business hours and upon 24 hours notice. 10. Reports Required by the Grant. Health Department, through the PCOCS or otherwise, shall be responsible for preparing reports and other documents which may be required by the Grant. At a minimum, the following shall be required: a. Reports will include,but not be limited to, the following demographic information concerning clients: initials of each client; age; ethnicity; at what stage of pregnancy the client initially received prenatal care; outcome of Medicaid application process, or whether another funding source was located for each client. 3 b. A"six month report" shall be due no later than March 10, 2005, for the initial six months of this Agreement from September 1, 2004 through February 28, 2005. c. A "Final Report" shall be due no later than September 10, 2005, covering the final six months of this Agreement from March 1, 2005 through August 31, 2005. 11. Compliance with HIPAA. The parties agree to comply with the Health Insurance Portability and Accountability Act of 1996, as codified at 42 U.S.C. section 1320d ("HIPAA") and any current and future regulations promulgated thereunder including without limitation the federal privacy regulations contained in 45 C.F.R. Parts 160 and 164 (the "Federal Privacy Regulations"), and the federal standards for electronic transactions contained in 45 C.F.R. Parts 160 and 162, all collectively referred to herein as "HIPAA Requirements." The parties agree not to use or further disclose any Protected Health Information (as defined in 45 C.F.R. section 164.501) or Individually Identifiable Health Information(as defined in 42 U.S.C. SECTION 1320D), other than as permitted by HIPAA Requirements and the terms of this Agreement. To the extent applicable under HIPAA,the parties shall make internal practices, books, and records relating to the use and disclosure of Protected Health Information available to the Secretary of Health and Human Services to the extent required for determining compliance with the Federal Privacy Regulations. 12. Termination. In the event that the Health Department fails to meet the terms of this contract, United Way may terminate this Agreement upon thirty(30)business days written notice to the Health Department. Health Department may terminate this Agreement for any reason upon thirty(30)business days written notice to United Way. In the event that this Agreement is terminated prior to the end of the Agreement term, Health Department shall, within 30 days of the effective date of the termination, repay to United Way all unexpended Grant funds. Health Department shall provide to United Way a full and complete accounting of all receipts and disbursements of funds and expenditures incurred under this Agreement through the effective date of termination of this Agreement. 13. No Waiver of Governmental Immunities. Notwithstanding the provisions stated herein, nothing in this Agreement is intended as a waiver by Health Department of governmental immunity rights pursuant to state or federal law. 4 14. Budgeting. Nothing in this Agreement shall be construed to require Health Department or Weld County to expend funds not previously budgeted. 15. Independent Parties. The parties to this Agreement intend that the relationship between them contemplated by this Agreement is that of independent entities working in mutual cooperation. No employee, agent, or servant of one party shall be or shall be deemed to be an employee, agent, or servant of another party to this Agreement. 16. Agreement not Assignable. This Agreement shall not be assignable to any third party. 17. Notices. Any notice provided for in this Agreement shall be in writing and shall be served by personal delivery or by certified mail, return receipt requested, postage prepaid, at the addresses set forth in this Agreement, until such lime as written notice of a change is received from the party wishing to make a change of address. Any notice so mailed and any notice served by personal delivery shall be deemed delivered and effective upon receipt or upon attempted delivery. United Way: Sheila Avers United Way of Weld County P.O. Box 1944 Greeley, Colorado 80632 Health Department: Mark E. Wallace,M.D., M.P.H. Weld County Department of Public Health and Environment 1555 N. 17th Avenue Greeley, Colorado 80631 18. Entire Agreement-- Modification. This Agreement contains the entire Agreement and understanding between the parties to this Agreement and supersedes any other agreements concerning the subject matter of this transaction, whether oral or written. No modification, amendment, novation, renewal, or other alteration of or to this Agreement shall be deemed valid or of any force or effect • whatsoever, unless mutually agreed upon in writing by the undersigned parties. No breach of any term, provision, or clause of this Agreement shall be deemed waived or excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party hereto, or waiver of, a breach by any other party, whether express or implied, shall not constitute a consent to,waiver of, or excuse for any other different or subsequent breach. 5 19. Provisions Severable. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable, this Agreement shall be construed and enforced without such a provision,to the extent this Agreement is then capable of execution within the original intent of the parties. 20. No Third Party Enforcement. It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties, and nothing contained in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity, other than the undersigned parties, receiving services or benefits under this Agreement, shall be deemed an incidental beneficiary only. IN WITNESS WHEREOF, the arties have hereunto set their hands and seals this day of , 20 r COUNTY OF WELD, STATE OF COLORADO E Z � ; ) /1 ') BY AND THROUGH THE BOARD OF r `"i' �u ICA i2- C 4:. COUNTY COMMISSIONERS OF WELD Cl i L ON BEHALF OF THE WELD COUNTY # ' 9)L' r • THE BOARD DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT s rr Clerk to a Board By: Robert D. Masden, Chair AUG 2 3 2004 APPROVED: Mark E. Wallace, M.D.,M.P.H. UNIT D WAY B : Angel omen Chai By: Je "ne Truswell, Executive Director 6 Hello