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HomeMy WebLinkAbout20003032.tiff RESOLUTION RE: APPROVE PURCHASE OF SERVICE AGREEMENT AND AUTHORIZE CHAIR TO SIGN -ELDERGARDEN, INC. 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 a Purchase of Service Agreement 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 Eldergarden, Inc., commencing upon full execution of said agreement, and ending June 30, 2001, 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 Purchase of Service Agreement 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 Eldergarden, Inc., 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 11th day of December, A.D., 2000. BOARD OF COUNTY COMMISSIONERS &;fr;krney: ≤&r LD COUNTY, CODO ATTEST: Lii l���l ./I'�` N./' Weld County Clerk to tY 0 44 M. J. ei e, ro- e Deputy Clerk to the B or E. Baxter PP VED ORM: Dale K. Hall ounty Attor�rr ey EXCUSED Glenn Vaad H� 2000-3032 /c HR0071 MEMORANDUM 4x,Nt Avelr TO: Barbara J. Kirkmeyer, Chair Board of County Commissioners FROM: Walter J. Speckman, Executive Director Human v,l' Ci Services COLORADO DATE: December 7, 2000 SUBJECT: Purchase of Service Agreement with Eldergarden Adult Day, Inc. Enclosed for Board approval is an agreement between the Weld County Area Agency on Aging and Eldergarden Adult Day. Inc. to purchase Saturday on-site adult day services. Eldergarden will provide 720 units of Saturday adult day respite care to 15 individuals and their caregivers. The Area Agency on Aging will reimburse Eldergarden at $1 1.00 per hour up to a maximum of$8,000. The terms of this agreement is from December 1.2000 to June 30, 2001. Funding is provided through State General Funds newly allocated to Area Agencies on Aging for home and community based services. Please direct questions to Linda E. Piper, Director Weld County Area Agency on Aging at 353- 3800, extension 3320. 2000-3032 PURCHASE OF SERVICE AGREEMENT THIS AGREEMENT, made and entered into this 1st day of December, 2000 by and between the County of Weld,State of Colorado,by and through the Board of County Commissioners of Weld County,on behalf of the Weld County Division of Human Services'Area Agency on Aging, hereinafter referred to as "AAA", and Eldergarden, Inc., hereinafter referred to as "ELDERGARDEN." WITNESSETH: WHEREAS, "AAA" develops and administers the Area Plan for a comprehensive and coordinated system of services, and WHEREAS, "AAA" has identified respite care as a serious problem for many Weld older citizens, and WHEREAS, "ELDERGARDEN" is a private, non-profit organization existing for the purpose of providing respite care services to residents of Weld County, and WHEREAS, "AAA" desires to purchase services from "ELDERGARDEN" to provide Saturday respite care for older adults and their care givers; NOW THEREFORE, it is mutually agreed: 1. The "AAA" hereby agrees to award grant monies (under the Older Americans Act) in the sum of$8,000 to ELDERGARDEN. 2. "ELDERGARDEN" agrees to provide 720 units of Saturday adult day respite care to 15 individuals and their care givers. 3. The"AAA"agrees to reimburse"ELDERGARDEN"for all eligible project costs up to but not exceeding the sum of$8.000 at$11.00 per hour. 4. "ELDERGARDEN"agrees to commence services within thirty (30) days after the signing of the Agreement and assure completion of all services required hereunder by June 30,2001. 5. "ELDERGARDEN"agrees to support the goal of a comprehensive and coordinated system of services by maintaining regular participation on the Long Term Care Coordinating Committee. 6. "ELDERGARDEN"agrees to document and report any project income received as a result of services provided under the Agreement. Page Two Agreement—"ELDERGARDEN" 7. "ELDERGARDEN" agrees to include the following statement in any written materials (pamphlets,brochures,announcements,)or in any verbal presentations:"ELDERGARDEN" is supported, in part by funds provided by the Weld County Area Agency on Aging through the Older Americans Act." 8. "ELDERGARDEN"understands that"AAA"is required to conduct periodic evaluations of the activities conducted under this Agreement and to monitor on an ongoing basis the performance of "ELDERGARDEN" to insure that the funds made available by the Agreement are expended in keeping with the purposes for which they were awarded; and "ELDERGARDEN" accordingly agrees to cooperate fully with the "AAA" in the conduct of such evaluation and monitoring,including the keeping and supplying of such information, and providing access to documents and records to the"AAA"for the purpose of audit; and further agrees to do all things necessary to enable"AAA"to fulfill its obligation to the State of Colorado and the United States Government. 9. Any changes, including any increase or decrease in the amount of "ELDERGARDEN" compensation,and including changes in budget allocations which are mutually agreed upon by and between the "AAA" and "ELDERGARDEN", shall be incorporated in written amendments to this Agreement. 10. "ELDERGARDEN" understands and agrees that the following provisions are part of the official application and as such become binding upon commencement of the project: a. Agrees that the project will be carried out in accordance with the Federal program and fiscal regulations,the policies and procedures established for grants by the State Agency,and the terms and conditions of the project application approved by"AAA" in making this award of funds; specifically,agrees to abide by the dollar amounts as shown in the budget by program and cost categories. b. Understands that if there is Federal/State cash unearned at the time the project is terminated,this amount must be returned to the"AAA." c. Understands that the project's fiscal affairs are subject to audit. If costs are disallowed,the proportion of Federal/State funds disallowed must be returned to the "AAA." Page Three Agreement —"ELDERGARDEN" d. Understands that this award is made for the period amounts stated in this Agreement. This Agreement in no way implies further funding which is contingent upon the availability of funds and approval of future project applications. e. Agrees to keep records and make reports on the forms required by the "AAA" and in accordance with guidelines issued by the State of Colorado and the Administration on Aging, specifically, To submit financial reports quarterly (minimum) and monthly program reports to the "AAA"by the 10th of the following month; To submit a final financial report within 45 days after the end of the project year; To submit other reports to the "AAA" as requested. f. Agrees to advise the "AAA" of needed program and financial changes and await approval from the "AAA"prior to change implementation. 11. No portion of the Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess,nor shall any portion of this Agreement be deemed to have created a duty of care with respect to any persons not a party of the Agreement. 12. No portion of the Agreement shall be deemed to create an obligation on the part of the County of Weld, State of Colorado, to expend funds not otherwise appropriated in each succeeding year. 13. If any section,subsection paragraph,sentence,clause,or phrase of this Agreement is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions. The parties hereto declare that they would have entered into this Agreement and each and every section, subsection,paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections subsections, paragraphs, sentences clauses, or phrases might be declared to be unconstitutional or invalid. 14. The term of this Agreement shall be from December 1, 2000 through June 30, 2001. The Agreement will be evaluated in November by both parties. The basis for renegotiation of the Agreement will be satisfactory performance of the provider,availability of funds,priorities as established by the Area Agency on Aging and need for the service. Page Four Agreement —"ELDERGARDEN" 15. This Agreement may be terminated upon thirty(30)days written notice by either party. This Agreement shall be terminated immediately in the event of loss of funding to the Area Agency on Aging. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day first written above. BOARD OF COUNTY COMMISSIONERS ELDERGARDEN, INC. 7L‘ � , era, I(ti) Barbara J. Kirkmeye , Chair Cornelia Dietz, Executive Directbf (12/11/2000) WELD COUNTY HUMAN SERVICES WELD COUNTY AREA AGENCY ON AGING / �1 GGQi G' ly 9 . Speckman mda E. Piper, Director ecutive Dire tor ATTEST: /% t Weld County Clerk to �- B ��44 r Iasi r. Deputy Clerk to¶ Hello