HomeMy WebLinkAbout962193.tiff RESOLUTION
RE: APPROVE REVISED PURCHASE OF SERVICE AGREEMENT BETWEEN HUMAN
SERVICES, AREA AGENCY ON AGING, AND ELDERGARDEN, INC., 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 Board has been presented with a Revised 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 Weld County Department of Human
Services, Area Agency on Aging, and Eldergarden, Inc., commencing January 1, 1996, and
ending December 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 Revised 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 Weld County 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 9th day of December, A.D., 1996, nunc pro tunc January 1, 1996.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
I, i1 Barber J. Kirkmeyer, Chair
eld County Clerk to Board . �/
t I 92 —st
Baxter Pr -Te
BY:
Dep_ tote Board
Dale K. Hall
APP D AS TO FORM: l' Os� tLegt6---6
Constance L. Harbert
my Attorney
6 W k>
W. H. We ster
L'C t i ridrj/e£rdeyl 962193
HR0067
PURCHASE OF SERVICE AGREEMENT
THIS AGREEMENT, made and entered into this 9th day of December, 1996 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 serves as the advocate and focal point for older persons with greatest
economic and social need, and
WHEREAS,ELDERGARDEN is a private, non-profit organization existing for the purpose
of providing adult day care to the residents of Weld County, and
WHEREAS, AAA desires to amend the ELDERGARDEN agreement to provide for an
increased annual award in Fiscal Year 1996,
NOW THEREFORE, it is mutually agreed:
1. The AAA hereby agrees to award an additional $5000 in grant monies (under the Older
Americans Act) in the sum of $19,450.00 to ELDERGARDEN to meet unanticipated
program costs and service demands.
2. ELDERGARDEN agrees to provide 17,500 hours of adult day care to 90 individuals, 16 to
be minority.
3. ELDERGARDEN agrees to coordinate and cooperate with the Area Agency on Aging
Hispanic Elderly Outreach Initiative to be carried out by Catholic Community Services
Northern to expand and improve the aging network's ability to serve Hispanic elders.
4. ELDERGARDEN agrees that all services required hereunder will be completed by
December 31, 1996.
5. The AAA agrees to reimburse ELDERGARDEN for all eligible project costs up to but not
exceeding the sum of$19,450.
6. ELDERGARDEN agrees to document and report any project income received as a result of
services provided under the Agreement.
96;7..191
7. ELDERGARDEN agrees to include the following statement in any written materials
(pamphlets, brochures, announcements, etc.) 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
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, 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. 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 finds disallowed must be returned to the
AAA.
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 monthly financial and quarterly programmatic 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; and to submit other reports to the
AAA as requested.
962.93
f. Agrees to advise the AAA of needed program and financial changes and await
approval from the AAA prior to change implementation.
10. 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.
11. 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.
12. 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.
13. The term of this Agreement shall be from January 1, 1996 through December 31, 1996.
14. 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.
96":11.13
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day first written
above.
BOARD OF COUNTY COMMISSIONERS ELDERGARDEN, INC.
OF WELD COUNTY
/
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Barbara J. Kirkm yer, Ch r /QA9/9G Cornelia R. Dietz, Executive D ctor
Board of County Commissioners
WELD COUNTY DIVISION OF WELD COUNTY AREA AGENCY
HUMAN S a RVICES ON AGING
I U i
�� (11-4, -
al -r '3"+eckman Linda E. Piper, Director
��5. ., ive Dire for
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Ik�, t0; • C ty Clerk to the Board
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` , ire!!, -kWh-L.2
S iM ►� Deputy Cl rk to the Board
ATT 'T ^- TO BOARD OF C0WITY.
CCF i.fiATUfES 0tILY
962193
MEMO
To: Barbara J. Kirkmeyer, Chair Board of County Commissioners
From: Walter J. Speckman, Executive Director Human Services jI
Subject: Revised Eldergarden Agreement
Date: December 3, 1996
Enclosed for Board approval is a revised contract between the Weld County Area Agency on
Aging and Eldergarden, Inc. Adult Day Program. The 1996 award funded under Title III, Part B
of the Older American Act is being amended to award an additional $5000 bringing the total
1996 award to $19,450.
The purpose of the amendment is to support unplanned program costs due to increased heavy
care participants. Eldergarden Inc. has implemented a staff reorganization and increased
participant fees to address the long term impact of these service changes.
Please feel free to contact Linda Piper at extension 3320 if you have questions.
962193
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