HomeMy WebLinkAbout951971.tiffRESOLUTION
RE: APPROVE AGREEMENT BETWEEN HEALTH DEPARTMENT AND NORTHERN
COLORADO HEALTH NETWORK, INC., DBA NORTHERN COLORADO AIDS
PROJECT, AND AUTHORIZE CHAIRMAN TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Agreement 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 Health Department, and Northern Colorado Health Network, Inc., dba
Northern Colorado AIDS Project, commencing April 1, 1995, and ending March 31, 1996, 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 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 Health
Department, and Northern Colorado Health Network, Inc., dba Northern Colorado AIDS Project,
be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman 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 20th day of September, A.D., 1995, nunc pro tunc April 1, 1995.
Cl
j1d y44tnig Clerk to the Board
13Y: 74 c i n -C O_Li v ;
czat
AP
Deputy Clerk o the Board
D AS TO F
ounty Attorney
BOARD OF COUNTY COMMISSIONERS
WF.LQOUNTY,C'LODO
i
J
Dal- . Hall, Chairman
J. Kirkmeyer, P
/eor /Baxter
Constance L. Harbert
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II . At)
W. .Webster
951971
H L0021
PURCHASE OF SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this ‘71,47/4- day of ` Z7 , 1995
by and between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, hereinafter referred to as "Weld County," on behalf of the Weld
County Health Department, hereinafter referred to as "Health Department," and Northern Colorado
Health Network, Inc., d/b/a the Northern Colorado AIDS Project (NCAP), hereinafter referred to as
"Contractor."
WITNESSETH:
WHEREAS, Health Department has been awarded Ryan White C.A.R.E Title II funds from
the Colorado Department of Health for use in establishing a consortium for care services for persons
infected and affected by the HIV virus in Weld, Larimer, and Morgan Counties ("the program"); and
WHEREAS, Health Department desires to contract for the provision of case management
to persons infected or affected by the HIV virus in Larimer County ("Larimer County"); and
WHEREAS, Contractor desires to provide said case management to Larimer County; and
WHEREAS, the parties desire to reduce the terms of their agreement to writing.
NOW, THEREFORE, for and in consideration of the covenants, conditions, agreements, and
stipulations hereinafter expressed, the parties do hereby agree as follows:
1. Recitals. The above recitals are hereby incorporated herein.
2. Term of Agreement. This Agreement shall be effective from the date of its signing,
nunc pro tunc April 1, 1995 through March 31, 1996.
3. Compensation. In consideration of the services to be provided by Contractor as set
forth hereinafter, Health Department agrees to pay Contractor on a monthly basis for
services provided during that month, pursuant to the terms of this Agreement and the
budget amounts set forth in Attachment "B", attached hereto and incorporated herein.
Contractor shall submit an invoice on a form as set forth in Attachment "A", attached
hereto and incorporated herein, to Health Department at the end of each month
services are provided. The invoice will clearly itemize the services provided and the
expenses incurred, as well as the number of hours worked by each personnel. Health
Department agrees to reimburse Contractor within thirty (30) days after submission
of Attachment "A", together with the required reporting information on the monthly
invoice form and other required documentation as hereinafter set forth.
Page I of 6 Pages
951971
4. Vouchers. In each and every instance in which federal guidelines or consortium
guidelines, or both, provide for their use, Contractor will use vouchers to assist in
payment for approved client services. Contractor shall use the voucher form attached
hereto and incorporated herein as Attachment "E". Such services may include, but
are not limited to, medical or dental care, mental health care, transportation, or direct
emergency assistance, and the like. No voucher shall be issued without prior
approval of the Regional Resource Coordinator at Health Department ("RRC"). As
soon as approval for a voucher has been obtained from RRC, Contractor may issue
payment for the client services represented on the voucher.
Contractor must submit copies of both the voucher and the check issued by
Contractor together with Attachment "A" in order to be reimbursed from Health
Department. Requests for reimbursement without proper documentation or payments
issued by Contractor for client services without prior RRC approval will not be
reimbursed by Health Department.
Services to be Provided by Contractor.
A. Contractor shall provide Client Advocates for the program who will perform
active community outreach with clients, perform in -home assessments, and
coordinate with local health care providers to obtain referrals of newly
diagnosed HIV positive persons.
B. Contractor shall require the Client Advocates to coordinate with Health
Department's Case/Program Manager in the performance of the Client
Advocate's duties.
Contractor shall provide the services outlined in the "Implementation plan",
attached hereto and incorporated herein as Attachment "C".
D. Contractor shall provide said services to infected or affected persons residing
in Larimer County.
E. Contractor agrees to abide by and take responsibility for assuring the items
outlined in the "Colorado Ryan White Title II 1994 Consortium Assurances",
Attachment "D", attached hereto and incorporated herein.
F. Contractor shall develop and/or abide by existing confidentiality protocols in
accordance with professional standards and applicable statutes, including, but
not limited to. §§ 25-4-1401, C.R.S.. et. seq. (HIV infection and AIDS) and
18-4-412. C.R.S. (medical records).
Page 2 of 6 Pages
951971
Contractor shall abide by the reporting requirements and time frames
described in the Colorado Department of Health Guidance for the
Development of Title II Funded Consortia Workplans, 1994-1995.
H. Contractor shall submit a monthly billing to Health Department for
reimbursement by using the invoice in Attachment "A". The billing shall
provide documentation regarding each line item for which reimbursement is
requested and shall also include the information required in paragraph 4 of
this Agreement.
Contractor shall arrange to have a financial audit performed in the final
quarter of this Agreement and prior to March 1, 1996. The firm to perform
the audit must be independent of Contractor or Contractor's staff, volunteers,
or Board and must be approved by Health Department prior to performing the
audit. A report from the audit must be filed with Health Department on or
before March 31, 1996.
6. Parties' Relationship. 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.
7. Limitations - Liabilities - Indemnification. Each party shall not be responsible or
liable for acts, omissions, or failure to act by the other party. Accordingly, Health
Department agrees to indemnify and hold Contractor harmless from any and all
liability incurred by acts, omissions, or failures to act by Health Department and,
likewise, Contractor agrees to indemnify and hold Health Department harmless from
any and all liability incurred by acts, omissions, or failures to act by Contractor,
pursuant to the terms of this Agreement. Because Health Department is a department
of Weld County Government, Contractor acknowledges that its agreement to
indemnify and hold harmless Health Department extends to Weld County, its
employees, agents, subcontractors, and assignees. The term "liability" includes, but
is not limited to, any and all claims, damages, and court awards including costs,
expenses, and attorney fees incurred as a result of any act or omission by the
applicable party who acted or failed to act.
8. Non -Assignment. This Agreement shall not be assignable without prior written
consent of Health Department or Contractor, whichever is the non -assigning party.
9. To Whom Services Are to be Provided. Health Department and Contractor assure
compliance with Title VI of the Civil Rights Act of 1964, that no person shall, on the
grounds of race, color, sex, religion, age, national origin, or individual handicap, be
Page 3 of 6 Pages
951971
excluded from participation in, be denied the benefits of, or be subject to
discrimination under any provision of this Agreement.
10. Termination. Either party may terminate this Agreement for cause upon ten (10)
days written notice and for any reason so long as thirty (30) days written notice of its
intent to so terminate is given to the other party. If this Agreement is so terminated,
Health Department shall pay that compensation to Contractor which duly reflects the
actual number of hours not previously reimbursed during which Contractor
documents that Contractor provided services pursuant to this Agreement and Health
Department shall reimburse Contractor for properly documented costs pursuant to the
terms and conditions of this Agreement.
11. Notices. Any notice provided for in this Agreement shall be in writing and shall be
served by personal delivery or by certified mail, return receipt requested, postage
prepaid, at the addresses set forth in this Agreement, until such time as written notice
of a change is received from the party wishing to make a change of address. Any
notice so mailed and any notice served by personal delivery shall be deemed
delivered and effective upon receipt or upon attempted delivery. This method of
notification will be used in all instances, except for emergency situations when
immediate notification to the parties is required.
HEALTH DEPARTMENT:
Weld County Department of Health
c/o Judy Nero
1517 16th Avenue Court
Greeley, CO 80631
CONTRACTOR:
Northern Colorado AIDS Project
Executive Director
P.O. Box 182
Ft. Collins, CO 80522
12. Modification and Breach. This Agreement contains the entire Agreement and under-
standing 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 and the attached exhibits 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
Page 4 of 6 Pages
951971
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.
13. Incorporation of Contractual Provisions. This Agreement is expressly made subject
to all laws and regulations of the United States and the State of Colorado.
Contractual provisions required by such laws and regulations, but not having been
set forth herein, are hereby incorporated by this reference as though expressly set
forth in full. All parties to this Agreement are hereby put on notice and charged with
the responsibility of compliance with such contract provisions as required by law.
14. Severability. 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.
15. Funding. No portion of this Agreement shall be deemed to create an obligation on
the part of the County of Weld, State of Colorado, or Health Department to expend
funds not otherwise appropriated during the term of this Agreement.
16. Records. Each party agrees to keep any and all records and information confidential,
in compliance with all laws and regulations concerning the confidentiality of such
records.
17. Inurement. This Agreement shall inure to the benefit of the heirs, assigns, and
successors in interest of the parties hereto.
18. No Third Party Beneficiary Enforcement. No portion of this Agreement shall be
deemed to constitute a waiver of any immunities the parties or their officers or
employees may possess, nor shall any portion of this Agreement be deemed to have
created a duty of care with respect to any person not a party to this Agreement.
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.
Page 5 of 6 Pages
951971
IN WITNESS WHEREOF, the parties have hereunto set their hand and seals thisMM day
of , 1995, nunc pro tune.
WELD COUNTY HEALTH DEPARTMENT NORTHERN COLORADO AIDS PROJECT
BY:
John S. Pickle, M.S.E.H.
Date: ?PSI
We County Clerk to the Board
\M Deputy Cle
to the Board
M:\WPFILES AGREE\NCAP.DB
Date: / 4 /f 5;
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY.
Dale K. Hall, Chairm
Page 6 of 6 Pages
Q,m.aiti Au, !gob -
951971
ATTACHMENT A
Billing Request
Agency Address
Time frame to Date submitted: Date entered
Amount Requested Balance
Personnel
case management
consortia
support
Total personnel
Travel
case management
consortia
support
Total travel
Supplies
case management
consortia
support
Total supplies
Vouchers/Direct Billing*
medical
dental
mental health
support
food bank
direct assistance
transportation
education
Total direct billing
Indirect
Audit
Phone - CM
Support
Total phone
TOTAL
* Request must he accompanied with appropriate voucher and copy of agency check issued for
payment_
951971
Attachment B
BUDGET - AGENCY: NCAP
Time frame April 1, 1995 to March 31, 1996
Budgeted Amount
Personnel
case management
consortia
support
Travel
Total personnel
case management
consortia
support
Total travel
Supplies
case management
consortia
support
Total supplies
Vouchers/ Direct Billing
food bank
Indirect
Audit
Phone
TOTAL
$29.600.00
0.00
6,370.00
$35.970.00
$ 500.00
300.00
700.00
$ 1.500.00
$ 0.00
0.00
1,300.00
$ 1.300.00
$ 500.00
$ 5.000.00
1,700.00
700.00
$46,670.00
951971
ATTACHMENT C
Implementation plan:
Based on the purpose and the overall goals of the Consortium, the following is a work plan that
the members of the Consortium, the HIV Resource Coordinator, the Case Managers and
Outreach Worker of NCAP, and the Nurse and Outreach Worker of the Northeast Colorado
Health Department will undertake during the 1995-1996 funding period.
By April 30, 1995, the HIV Resource Coordinator will publicly announce the award of
the 1995-1996 Ryan White Care Act funds.
By April 30, 1995, NCAP will have hired a culturally competent, outreach worker.
By April 30, 1995, the HIV Resource Coordinator will have established weekly office
hours in the Northeast Colorado Health Department's Fort Morgan office.
By April 30, 1995, NCAP will have initiated its new Art Therapy Group.
By April 30, 1995, NCAP will have conducted, in Greeley, its first (of four total) Buddy
training.
By May 31, 1995, NCHD will have hired a culturally competent, outreach worker.
By May 31, 1995, the HIV Resource Coordinator will have established monthly office
hours in the Northeast Colorado Health Department's Sterling office.
By May 31, 1995, NCHD will develop and distribute written materials, to service
providers in all northeast counties, promoting the development of a support group for
HIV infected individuals and their families.
By May 31, 1995, NCHD will have advised service providers and identified HIV infected
individuals of the availability of case management services in the NCHD offices.
By June 30, 1995, NCAP, NCHD, and the HIV Resource Coordinator will distribute
letters/fliers throughout Weld and Larimer counties, and northeast Colorado to promote
the services provided through the Consortium.
By June 30, 1995, the Consortium will have established a membership committee.
By June 30, 1995, NCHD will contact interagency groups for the initiation of a support
group for PLWAs and HIV infected persons in the northeast region.
951971
By June 30, 1995, NCHD and the HIV Resource Coordinator will have developed and
implemented a communication plan to assure timely and efficient response to clients'
needs and inquiries.
By July 31, 1995, NCHD and NCAP will have determined the logistics of the new
support group, and will begin facilitation of a monthly support group in northeast
Colorado.
By July 31, 1995, NCAP will have conducted, in Sterling, its second (of four total)
Buddy training.
By July 31, 1995, NCAP will have updated, expanded, and distributed its local resource
directory to clients, and to providers serving HIV infected individuals, in Larimer county.
By August 31, 1995, NCHD will have surveyed interagency collaboration groups, home
health agencies, and other interested parties to identify additional or unmet needs for case
management in the Northeast region.
By August 31, 1995, the HIV Resource Coordinator will have sent out a survey to Weld
county dentists, physicians, and mental health providers to seek out those providers able
and willing to provide services for HIV infected individuals.
By August 31, 1996 the NCHD will have attempted to identify at least one dentist in each
county, within the NCHD catchment area, who will provide services for HIV infected
individuals.
By September 30, 1995, NCAP will have surveyed local physicians, dentists, and mental
health providers in Larimer county to seek out those able and willing to provide services
for HIV infected individuals.
By September 30, 1995, the membership committee will have identified three HIV
infected individuals who will participate on the Consortium.
By September 30, 1995, the membership committee will have contacted/ invited local
physicians, dentists, mental health providers, and other providers to participate on the
Consortium.
By October 31, 1995, the HIV Resource Coordinator will have updated and distributed,
to clients and service providers, the local Resource Directory for Weld County and
northeast Colorado.
By October 31, 1995, NCAP, NCHD, and the HIV Resource Coordinator will have
promoted the representative diversity of the Consortium membership by targeting the
Hispanic community for interested persons, especially those who are HIV infected or
living with AIDS.
951971
By November 30, 1995, NCAP will have conducted, in Fort Collins, its third (of four
total) Buddy training_
By November, 1996 the NCHD will have attempted to identify at least one medical
provider in each county, within the NCHD catchment area, who will provide services for
HIV infected individuals.
By December 30, 1995, the Consortium will have established an evaluation committee
(see narrative for description of proposed evaluation activities).
By January 31, 1996 NCHD will have attempted to identify at least one optometrist
and/or ophthalmologist, in the service area, who will provide services for HIV infected
individuals.
By February 28, 1995, NCAP will have conducted, in Loveland, its final (of four total)
Buddy training.
By March 31, 1996, NCHD will have attempted to identify 50% of the known HIV
infected population as recipients of any form of services through the Consortium.
By March 31, 1996, NCAP will have distributed a monthly NCAP newsletter to all
clients living in Northern Colorado.
By March 31, 1996, the HIV Resource Coordinator will have sent out a monthly
newsletter/mailing to all clients in Weld county and northeast Colorado.
By March 31, 1996, NCAP and NCHD representatives, and the HIV Resource
Coordinator will have attended Consortium meetings as needed.
By March 31, 1996, the HIV Resource Coordinator will have provided case management
services for 50 clients (including anonymous) in Weld county and northeast Colorado.
By March 31, 1996, NCAP will have provided case management services for 70 clients
(including anonymous) in Larimer County.
951971
ATTACIMSENT D
Colorado Ryan White Title II 1994 Consortium Assurances
In order to receive assistance from the State, the Consortium hereby assures the State that:
A_ Within the established locality in which the consortium will operate, the population and
subpopulations of individuals and families with HIV dicPase have been identified by the
consortium;
B. The consortium's service plan addresses the special care and service needs of the
populations and subpopulations identified in the established locality;
C. The consortium will comply with all data collection and reporting requirements as mandated
by HRSA and the Colorado Department of Health;
D. The consortium will be a single coordinating entity that will integrate the delivery of
services among the populations and subpopulations identified in the established locality;
E. The consortium will coordinate and expand existing programs before any new programs are
created;
F. The consortium shall deliver case management services that link available community
support services to appropriate speciali7rd medical services;
G. The consortium will include participation by individuals with HIV disease in the assessment
of service needs and the planning of the delivery of services;
H. The consortium has or will create a mechanism to evaluate the success of the consortium
in responding to the identified needs and the cost effectiveness of the mechanisms employed
by the consortium to deliver comprehensive care;
I. The consortium has or will adopt by-laws by which the consortium will operate. The by-
laws will include the definition of a "member" of the consortium and a description of the
process the consortium must follow in including new members. Membership definitions and
processes will clearly demonstrate an open and inclusionary intent which will give all
segments of the HIV service provider community an opportunity to participate on a
continuous and ongoing basis. By-laws will also include a description of the process for
selecting a lead agency; this process will ensure all consortium members have art
opportunity to be considered for the role of lead agency, if interested, and to participate in
selection of the lead agency; and
951971
Signature
J. All non-profit agencies receiving 525,000.00 or more in Title II funds will ensure an annual
independent financial audit is conducted and a report submitted as specified in Section
II.F, of the 1995-96 Title II Consortia Workplan Guidance document. (The CFDA number
for Title II funds is 93-9170).
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(9bnu47y' l5, IQQ5
Date
951971
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COLORADO
mEmORAnpJ
COUNTY.
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Dale Hall, Chairman PM t2` 57
To Board of County Commissioners De nber 18, 1995
'f0 TNECgpP Q
From John Pickle, Director, Health Department ,/ .
Subject:
Agreement with Northern Colorado AIDS Project
Enclosed for Board approval is an agreement between Weld County Health Department and the
Northern Colorado Health Network, Inc., doing business as Northern Colorado AIDS Project
(NCAP).
The Health Department was awarded Ryan White C.A.R.E. Title II funds from the Colorado
Department of Public Health and Environment to continue the consortium of care services for
persons infected and affected by the HIV virus in Weld, Larimer and Morgan counties. As part of
this effort, the Health Department is entering into an agreement with NCAP to provide case
management services to such persons in Larimer County and to provide coordination of the
Northern Colorado Care Consortium.
For these services, NCAP will receive an amount not to exceed $46, 670.00 for the period April
1, 1995 through March 31, 1996.
I recommend approval of this agreement.
Enclosures
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