Loading...
HomeMy WebLinkAbout961783.tiff_ .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. RESOLUTION RE: APPROVE PURCHASE OF SERVICES AGREEMENT BETWEEN HEALTH DEPARTMENT AND NORTHEAST COLORADO HEALTH DEPARTMENT 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 a Purchase of Services 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 the Northeast Colorado Health Department, commencing April 1, 1996, and ending March 31, 1997, 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 Services 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 the Northeast Colorado Health Department 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 2nd day of October, A.D., 1996, nunc pro tunc April 1, 1996. BOARD OF COUNTY COMMISSIONERS W D COUNTY, COL DO �•►r! ' \adhida444 Barbar J. Kirkmey r Chair 1861 (1 • my Clerk to the Board z, r r efi tireII a �+�� � s�B/a�xter,/P�r Tae ® Deputy C r n he Board -(( �( ` Dale . Hall APPR ED AS TO • Constance L. Harbert nty Attorn W. H. We 961783 /it j /Vt NQQO HL0022 CONTRACT NUMBER: 199697NCHD PURCHASE OF SERVICES AGREEMENT THIS AGREEMENT is made and entered into this ,2?d day of &[ h, 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 Health Department ("WCHD"), and the Northeast Colorado Health Department ("NCHD"). WITNESSETH: WHEREAS, WCHD has been awarded Ryan White C.A.R.E. Title II funds from the Colorado Department of Health and Environment for use in establishing a consortium for care services for persons infected and affected by the HIV virus in Weld, Larimer, Morgan, Logan, Yuma, Sedgewick, Phillips, and Washington Counties ("the program"), and WHEREAS, WCHD desires to contract for provision of case management to persons infected or affected by HIV and for promotion of the availability of Ryan White services ("outreach services") in Northeast Colorado; and WHEREAS,NCHD desires to provide said case management and outreach services in Morgan, Logan, Yuma, Sedgewick, Phillips, and Washington Counties; 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: I. Recitals. The above recitals are hereby incorporated herein as is stated verbatim 2. Terms of Agreement. This Agreement shall be effective from the date of its signing, nunc pro tunc April 1, 1996 through March 31, 1997. 3. Compensation. In consideration of the services to be provided by NCHD as set forth in this Agreement, WCHD agrees to pay NCHD 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 A, attached hereto and incorporated herein. NCHD shall submit an invoice on a form as set forth in Attachment B, attached hereto and incorporated herein, at the end of each month services are rendered. The invoice will clearly delineate the services provided and the expenses incurred, as well as the number of hours worked by each personnel. Payment shall be conditioned upon affirmation by WCHD of full and satisfactory compliance with the terms of this Agreement. WCHD agrees to make payment for approved invoices, or notify NCHD of denial of payment within thirty (30) days after invoices have been submitted. 1 961783 4. Changes in Reimbursement. Changes in reimbursement amounts for any of the amounts set forth in Attachment A shall be made only with the approval of NCHD, WCHD and the Board of County Commissioners of Weld County, Colorado, as evidenced by a Change Order Letter signed by all three above named parties. The Change Order Letter shall include the following: a. Identification of contract by contract number (199697NCHD), and relevant budgeted amount; b. Type of services which are being changed, and the suggested change in the services; c. Amount of increase or decrease in funding and new budget total for term of this Agreement; d. Intended effective date of funding changes; e. Authorized signatures for each of the three above named entities. The Change Order Letter will be used only for funding amount changes. A suggested form is attached hereto and incorporated herein as Attachment C. 5. Services to be Provided by Contractor. A. NCHD shall provide personnel who will perform active community outreach services, coordinate with local health care providers to obtain referrals of newly diagnosed HIV positive persons, and other duties and services as outlined in the Implementation Plan attached hereto and incorporated herein as Attachment D.. B. NCHD shall require its personnel to coordinate with WCHD's Case/Program Manager in the performance of NCHD's personnel's duties. C. NCHD shall provide the services above set forth in subparagraph S.A. to infected or affected persons residing in Morgan, Logan, Yuma, Sedgewick, Phillips, and Washington Counties. D. NCHD Shall ensure compliance with the provisions set forth in the Colorado Ryan White Title II 1996 Consortium Assurances, attached hereto and incorporated herein as Attachment E. E. NCHD shall be bound by all existing protocols, professional standards, and applicable statutes, including, but not limited to Section 25-4-1401 C.R.S., et. seq. (HIV infection and AIDS), and Section 18-4-412 C.R.S. (medical records), concerning confidentiality. F. NCHD shall submit quarterly narrative reports in a format acceptable to WCHD, providing information concerning the quarter's activities, accomplishments, barriers, and methods for overcoming such barriers. 2 961.783 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 any party shall be deemed to be an employee, agent, or servant of another party of 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, to the extent permitted by law, WCHD agrees to indemnify and hold NCHD harmless from any and liability incurred by acts, omissions, or failures to act by WCHD and, likewise,NCHD agrees to indemnify and hold WCHD harmless from any and all liability incurred by acts, omissions, or failures to act by NCHD, pursuant to the terms of this Agreement. Because WCHD is a department of Weld County Government,NCHD acknowledges that this agreement to indemnify and hold harmless the WCHD extends to Weld County, its employees, agents, subcontractors, and assignees. The term "liability" includes, but is no 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 WCHD or NCHD, whichever is the non-assigning party. 9. Provision of Services. WCHD and NCHD 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 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, WCHD shall pay that compensation to NCHD which duly reflects the actual amounts due and owing to NCHD for which NCHD documents that NCHD provided services pursuant to this Agreement, and which amounts have not previously been paid. 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 serviced by personal delivery shall be 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. 3 961783 HEALTH DEPARTMENT: Weld County Department of Health c/o Judy Nero 1517 16th Avenue Court Greeley, Colorado 80631 CONTRACTOR: Northeast Colorado Health Department c/o Kathy Karsting P.O. Box 3300 Sterling, CO 80751 12. Modification and Breach. 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 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. Any change in the budget amount shall be by Change Order Letter, using the procedure set forth in paragraph 4 of this Agreement. 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 expressed 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 WCHD to expend funds not otherwise appropriated during the term of this Agreement. 4 961''"83 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. 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 expressed 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 parties have hereunto set their hand and seals this and day of (Qc/7> , 1996, nunc pro tunc April 1, 1996. WELD COUNTY HEALTH DEPARTMENT NORTHEAST COLORADO HEALTH DEPMENT /V/etr S. Pickle, M.S.E.H. By: Denise Hase, Executive Director Date Date BOARD OF COUNTY COMMISSIONERS ATF GAG WE D COUNTY, COLORADO Wield outrtES ler e and lZ4 ��.4u , t� �� . Gh ;yC arbara J. Kirkmeyet Chair 9 By: r to the Boar /a 1a' eo Date 5 961.7193 ATTACHMENT A Budget Northeast Colorado Health Department April 1, 1996 to March 31, 1997 Budgeted Amount Personnel Case Management $7,919 Consortium Support(support groups, outreach worker, interpretor) 6,201 Total Personnel $14,120 Travel Case Management Consortium Support $560 Total Travel $560 Supplies (Printing/Postage) Case Management Consortium Support $456 Total Supplies $456 Phone Case Management Consortium Support Total Phone Audit Indirect $1,514 TOTAL $16,650 961783 Billing Request ATTACHMENT B Agency From to Date Submitted: Date Entered: Signature: Amount Requested Balance Personnel Case Management Consortium Support Total Personnel Travel Case Management Consortium Support Total Travel Phone Case Management Consortium Support Total Phone Supplies (Printing/Postage) Case Management Consortium Support Total Supplies Vouchers/Direct Billing Medical Dental Support Food Bank Emergency Financial Total Direct Billing Audit Indirect TOTAL BILLING c ATTACHEMNT C Date Fiscal Year 19 Change Order Letter No. In accordance with Paragraph 4 of contract number , (copy attached and by this reference made a part hereof) 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 covering the period of 19 through , 19 the undersigned agree that the maximum amount payable by the Weld County Health Department for eligible services as set forth in the budget in Attachment A of said contract is being increased by $ to a new total of $ . The budget amounts in Attachment A are hereby modified accordingly. The terms and conditions of the original contract shall remain the same. BUDGET This amendment to the contract is intended to be.effective as of / / , but in no event shall it be deemed valid until it shall have been approved by the Chairman of the Board of County Commissioners of Weld County or such assistant as he or she may designate. Please sign, date, and return all copies of this letter on or before , 19 to: Judy Nero Weld County Health Department 1517 16th Avenue Court Greeley, Colorado 80631 A verified copy of this letter will be returned to you when it is fully approved. Page 1 of 2 Pages 961." 83 NORTHERN COLORADO AIDS PROJECT WELD COUNTY HEALTH DEPARTMENT By: By: Date Date ATTEST: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO • Weld County Clerk to the Board By: Chairman Deputy Clerk to the Board Date Page2of2Pages 96i1J3 ATTACHMENT D Implementation plan: Based on the purpose and the overall goals of the Consortium, the following is a implementation plan that the members of the Consortium,the HIV Resource Coordinator, the Northern Colorado AIDS Project, and the Northeast Colorado Health Department will undertake during the 1996- 1997 funding period. HIV Resource Coordinator and the Northern Colorado Care Consortium Objective#1: The HIV Resource Coordinator will publicly announce (through media releases)the award of Ryan White Care Act funds to northern Colorado for the period of April 1, 1996 through March 31, 1997. Objective#2: The HIV Resource Coordinator will continue with office hours in Fort Morgan and Sterling at the Northeast Colorado Health Department, to provide case management and support services to clients living in northeast Colorado.. Objective#3: The HIV Resource Coordinator will update all referral contacts in Weld, Logan, Morgan, Yuma, Washington, Phillips, and Sedgewick counties. Objective#4: The HIV Resource Coordinator and members of the Consortium will continue recruiting support for the activities of the Consortium,and recruiting potential members, particularly among the infected/affected and Spanish communities. Objective#5: The HIV Resource Coordinator and the members of the Consortium will continue to identify service providers, in northern Colorado, who are willing and able to care for individuals infected with HIV. Objective#6: The HIV Resource Coordinator will continue to promote the availability of Ryan White services in northern Colorado. Objective #7: The HIV Resource Coordinator will continue in sending a monthly mailing with the Resolute newsletter to all clients in Weld county and northeast Colorado. Northern Colorado AIDS Project Objective#1: NCAP staff will contact all service providers, in Larimer county, and renew service agreements and referral materials. Objective#2: NCAP staff will put up posters in areas frequented by people in designated high risk categories, which will outline NCAP's services. Objective#3: NCAP staff will interview three injection drug users to determine the needs and means to access this population. Objective#4: NCAP staff will have updated and distributed the resource directory for Larimer county. Objective#5: NCAP staff will start a four part educational series of representations for newly infected individuals that will educate them on nutrition, medications, terminology, and transmission prevention. 961.71S1 Northeast Colorado Health Department Objective#1: NCHD staff will continue to promote and advocate for the continuation of a support group in Logan and Morgan counties. Objective #2: NCHD staff will continue to promote the availability of Ryan White related services in northeast Colorado. Objective#3: NCHD staff will continue to conduct outreach activities to communities of northeast Colorado, targeting communities and care providers of at-risk persons. Objective#4: NCHD staff will continue to conduct outreach activities to the Spanish speaking communities of northeast Colorado, and will be available for translation to monolingual, Spanish speaking, persons as needed in educational and service activities related to Ryan White. Objective#5: NCHD staff will initiate the development of interpreter services for HIV at-risk persons, including training and compensation. Objective#6: NCHD staff will increase coordination of culturally appropriate and accessible services including outreach, education, and case management for HIV infected and affected individuals in northeast Colorado. Collaborative Efforts Objective#1: NCAP, WCHD, and NCHD will collaborate on a monthly newsletter that will be distributed to all clients in the Consortium's catchment area. Objective #2: NCAP, WCHD, and NCHD will initiate a client advisory board made up of infected clients, who will meet quarterly to assess the services provided by the consortium agencies. Objective #3: NCAP staff will coordinate with WCHD to expand services in Weld county, including dividing current support group into infected Persons and Friends and Family groups, and expanding the Buddy program and other volunteer services. Objective#4: NCAP, WCHD, and NCHD will continue working together in developing a formal referral system to appropriately document HIV status. Objective#5: NCAP, WCHD, and NCHD will provide case management and other Ryan White services to 120 individuals (including clients without client-level information) in northern Colorado. ATTACHMENT E 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 disease 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 specialized 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 an opportunity to be considered for the role of lead agency, if interested, and to participate in selection of the lead agency; and J. All non-profit agencies receiving$25,000.00 or more in Tide 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 Tide II Consortia Workplan Guidance document. (The CFDA number for Tide II funds is 93-9170). q11 udcQ ork 02- 2O - 1 Co Signature l/ Date 961.783 AIP ttif mEmoRAnDum Barbara Kirkmeyer, Chair TO Board of County Commissioners Date September 5r 1996 COLORADO T' From John Pickle, Director, Health Department 1, Subject: Agreement with Northeast Colorado Health Department Enclosed for Board approval is an agreement between Weld County Health Department and Northeast Colorado Health Department (NCHD). Weld County Health Department was awarded Ryan White 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 Northeastern Colorado. As part of this effort, the Health Department is entering into an agreement with Northeast Colorado Health Department to provide case management and outreach services to persons residing in Logan, Yuma, Sedgewick, Phillips and Washington counties. For these services,NCHD will receive $16,650 for the period April 1, 1996 through March 31, 1997. I recommend your approval of this agreement. Enclosures 961783 Hello